    [Congressional Bills 111th Congress]
    [From the U.S. Government Printing Office]
    [H.R. 3082 Amendment Ordered to be Printed Senate (AS)]

    <bullet>AMDT. NO. 4805
                                                                       IIIA
    AMENDMENT NO. 4805
    Purpose: In the nature of a substitute.

           IN THE SENATE OF THE UNITED STATES--111th Cong., 2d Sess.

                                   H. R. 3082

                     Consolidated Appropriations Act, 2011

                               December 14, 2010

                             Ordered to be printed

    Amendment intended to be proposed by Mr. Inouye to the House amendment
                     to the Senate amendment to H. R. 3082

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

    SECTION 1. SHORT TITLE.

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

    SEC. 2. TABLE OF CONTENTS.

        The table of contents of this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.
    Sec. 4. Explanatory statement.
    Sec. 5. Emergency designation.
    Sec. 6. Statement of appropriations.
    Sec. 7. Federal civilian pay freeze.
    Sec. 8. Transfer authority.
    Sec. 9. Rescission of certain Federal expenses.
    Sec. 10. Limitation on award of certain specific projects.
    Sec. 11. Iran sanctions.
    Sec. 12. Detainee transfer restrictions.
           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

    Title I--Agricultural Programs
    Title II--Conservation Programs
    Title III--Rural Development Programs
    Title IV--Domestic Food Programs
    Title V--Foreign Assistance and Related Programs
    Title VI--Food and Drug Administration and Farm Credit Administration
    Title VII--General provisions
         DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2011

    Title I--Department of Commerce
    Title II--Department of Justice
    Title III--Science
    Title IV--Related agencies
    Title V--General provisions
           DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

    Title I--Military Personnel
    Title II--Operation and Maintenance
    Title III--Procurement
    Title IV--Research, Development, Test and Evaluation
    Title V--Revolving and Management Funds
    Title VI--Other Department of Defense Programs
    Title VII--Related agencies
    Title VIII--General provisions
    Title IX--Overseas contingency operations
        DIVISION D--ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2011

    Title I--Corps of Engineers--Civil
    Title II--Department of the Interior
    Title III--Department of Energy
    Title IV--Independent agencies
    Title V--General provisions
     DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2011

    Title I--Department of the Treasury
    Title II--Executive Office of the President and funds appropriated to
                                the President
    Title III--The judiciary
    Title IV--District of Columbia
    Title V--Independent agencies
    Title VI--General provisions--This Act
    Title VII--General provisions--Government-wide
    Title VIII--General provisions--District of Columbia
      DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011

    Title I--Departmental management and aperations
    Title II--Security, enforcement, and investigations
    Title III--Protection, preparedness, response, and recovery
    Title IV--Research and development, training, and services
    Title V--General provisions
       DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2011

    Title I--Department of the Interior
    Title II--Environmental Protection Agency
    Title III--Related agencies
    Title IV--General provisions
    Title V--Sacramento-San Joaquin Delta National Heritage Area
    Title VI--National Women's History Museum Act of 2009
    Title VII--Montana forests
       DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

    Title I--Department of Labor
    Title II--Department of Health and Human Services
    Title III--Department of Education
    Title IV--Related agencies
    Title V--General provisions
            DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011

    Title I--Legislative branch
    Title II--General provisions
      DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2011

    Title I--Department of Defense
    Title II--Department of Veterans Affairs
    Title III--Related agencies
    Title IV--Overseas contingency operations
    Title V--General provisions
       DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2011

    Title I--Department of State and related agency
    Title II--United States Agency for International Development
    Title III--Bilateral economic assistance
    Title IV--International security assistance
    Title V--Multilateral assistance
    Title VI--Export and investment assistance
    Title VII--General provisions
      DIVISION L--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
                   RELATED AGENCIES APPROPRIATIONS ACT, 2011

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

    SEC. 3. REFERENCES.

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

    SEC. 4. EXPLANATORY STATEMENT.

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

    SEC. 5. EMERGENCY DESIGNATION.

        Any designation in any division of this Act referring to this
    section is a designation of an amount as an emergency requirement and
    necessary to meet emergency needs pursuant to sections 403(a) and
    423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution
    on the budget for fiscal year 2010.

    SEC. 6. STATEMENT OF APPROPRIATIONS.

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

    SEC. 7. FEDERAL CIVILIAN PAY FREEZE.

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

    SEC. 8. TRANSFER AUTHORITY.

        (a) Up to $1,350,000,000 of amounts made available by this Act or
    prior year appropriations Acts, shall be available for transfer by the
    head of the agency to the extent necessary to avoid furloughs or
    reductions in force, or to provide funding necessary for programs and
    activities required by law: Provided, That such transfers may not
    result in the termination of programs, projects or activities: Provided
    further, That such transfers shall be subject to the approval of the
    House and Senate Appropriations Committees.
        (b) The authorities provided by subsection (a) of this section
    shall be in addition to any other transfer authority provided elsewhere
    in this statute.

    SEC. 9. RESCISSION OF CERTAIN FEDERAL EXPENSES.

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

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

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

    SEC. 11. IRAN SANCTIONS.

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

    SEC. 12. DETAINEE TRANSFER RESTRICTIONS.

        (a) None of the funds made available in this or any prior Act may
    be used to transfer, release, or assist in the transfer or release to
    or within the United States, its territories, or possessions Khalid
    Sheikh Mohammed or any other detainee who--
                (1) is not a United States citizen or a member of the Armed
            Forces of the United States; and
                (2) is or was held on or after June 24, 2009, at the United
            States Naval Station, Guantanamo Bay, Cuba, by the Department
            of Defense.
        (b) The prohibition under subsection (a) shall terminate on the
    earlier of the date of the enactment of an Act authorizing
    appropriations for fiscal year 2011 for the Department of Defense that
    includes a provision regarding the release or transfer of detainees
    held at the United States Naval Station, Guantanamo Bay, Cuba, by the
    Department of Defense, or September 30, 2011.

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

                                    TITLE I

                             AGRICULTURAL PROGRAMS

                      Production, Processing and Marketing

                            Office of the Secretary

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

                           Office of Tribal Relations

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

                       healthy food financing initiative

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

                              Executive Operations

                         office of the chief economist

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

                           national appeals division

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

                     office of budget and program analysis

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

                          office of homeland security

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

                        Office of Advocacy and Outreach

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

                    Office of the Chief Information Officer

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

                     Office of the Chief Financial Officer

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

               Office of the Assistant Secretary for Civil Rights

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

                             Office of Civil Rights

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

              Office of the Assistant Secretary for Administration

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

            Agriculture Buildings and Facilities and Rental Payments

                         (including transfers of funds)

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

                         Hazardous Materials Management

                         (including transfers of funds)

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

                          Departmental Administration

                         (including transfers of funds)

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

         Office of the Assistant Secretary for Congressional Relations

                         (including transfers of funds)

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

                            Office of Communications

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

                          Office of Inspector General

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

                         Office of the General Counsel

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

      Office of the Under Secretary for Research, Education and Economics

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

                           Economic Research Service

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

                    National Agricultural Statistics Service

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

                         Agricultural Research Service

                             salaries and expenses

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

                            buildings and facilities

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

                   National Institute of Food and Agriculture

                       research and education activities

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

     hispanic-serving agricultural colleges and universities endowment fund

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

                  native american institutions endowment fund

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

                              extension activities

        For payments to States, the District of Columbia, Puerto Rico,
    Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
    American Samoa, $499,376,000, as follows: payments for cooperative
    extension work under the Smith-Lever Act, to be distributed under
    sections 3(b) and 3(c) of said Act, and under section 208(c) of Public
    Law 93-471, for retirement and employees' compensation costs for
    extension agents, $297,500,000; payments for extension work at the 1994
    Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
    $5,321,000; payments for the nutrition and family education program for
    low-income areas under section 3(d) of the Act, $68,070,000; payments
    for the pest management program under section 3(d) of the Act,
    $9,938,000; payments for the farm safety program under section 3(d) of
    the Act, $4,863,000; payments for New Technologies for Ag Extension
    under section 3(d) of the Act, $1,750,000; payments to upgrade
    research, extension, and teaching facilities at institutions eligible
    to receive funds under 7 U.S.C. 3221 and 3222, and payments to upgrade
    facilities under 7 U.S.C. 3222b-1, $22,000,000, to remain available
    until expended; payments for youth-at-risk programs under section 3(d)
    of the Smith-Lever Act, $8,412,000; for youth farm safety education and
    certification extension grants, to be awarded competitively under
    section 3(d) of the Act, $486,000; payments for carrying out the
    provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
    1671 et seq.), $4,068,000; payments for the federally recognized Tribes
    Extension Program under section 3(d) of the Smith-Lever Act,
    $3,750,000; payments for sustainable agriculture programs under section
    3(d) of the Act, $5,000,000; payments for rural health and safety
    education as authorized by section 502(i) of Public Law 92-419 (7
    U.S.C. 2662(i)), $1,738,000; payments for cooperative extension work by
    eligible institutions (7 U.S.C. 3221), $44,700,000, provided that each
    institution receives no less than $1,000,000; payments to carry out the
    food animal residue avoidance database program as authorized by 7
    U.S.C. 7642, $1,000,000; payments to carry out section 1672(e)(49) of
    the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
    5925), as amended, $400,000; and for necessary expenses of Extension
    Activities, $20,380,000.

                             integrated activities

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

      Office of the Under Secretary for Marketing and Regulatory Programs

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

                   Animal and Plant Health Inspection Service

                             salaries and expenses

                         (including transfers of funds)

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

                            buildings and facilities

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

                         Agricultural Marketing Service

                               marketing services

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

                     limitation on administrative expenses

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

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

                         (including transfers of funds)

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

                       payments to states and possessions

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

            Grain Inspection, Packers and Stockyards Administration

                             salaries and expenses

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

            Limitation on Inspection and Weighing Services Expenses

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

                 Office of the Under Secretary for Food Safety

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

                       Food Safety and Inspection Service

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

        Office of the Under Secretary for Farm and Foreign Agricultural
                                    Services

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

                              Farm Service Agency

                             salaries and expenses

                         (including transfers of funds)

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

                             state mediation grants

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

                   grassroots source water protection program

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

                            dairy indemnity program

                         (including transfer of funds)

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

               agricultural credit insurance fund program account

                         (including transfers of funds)

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

                             Risk Management Agency

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

                                  CORPORATIONS

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

                    Federal Crop Insurance Corporation Fund

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

                       Commodity Credit Corporation Fund

                     reimbursement for net realized losses

                         (including transfers of funds)

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

                           hazardous waste management

                            (limitation on expenses)

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

                                    TITLE II

                             CONSERVATION PROGRAMS

      Office of the Under Secretary for Natural Resources and Environment

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

                     Natural Resources Conservation Service

                            conservation operations

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

                   watershed and flood prevention operations

        For necessary expenses to carry out preventive measures, including
    but not limited to research, engineering operations, methods of
    cultivation, the growing of vegetation, rehabilitation of existing
    works and changes in use of land, in accordance with the Watershed
    Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
    1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
    and in accordance with the provisions of laws relating to the
    activities of the Department, $18,485,000, to remain available until
    expended.

                        watershed rehabilitation program

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

                     resource conservation and development

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

                                   TITLE III

                           RURAL DEVELOPMENT PROGRAMS

              Office of the Under Secretary for Rural Development

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

                    Rural Development Salaries and Expenses

                         (including transfers of funds)

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

                             Rural Housing Service

                  rural housing insurance fund program account

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

                           rental assistance program

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

              multi-family housing revitalization program account

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

                      mutual and self-help housing grants

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

                        rural housing assistance grants

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

                           farm labor program account

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

                   rural community facilities program account

                         (including transfers of funds)

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

                       Rural Business-Cooperative Service

                         rural business program account

                         (including transfers of funds)

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

                  rural development loan fund program account

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

                rural economic development loans program account

                        (including rescission of funds)

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

                      rural cooperative development grants

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

                            Rural Utilities Service

                 rural water and waste disposal program account

                         (including transfers of funds)

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

       rural electrification and telecommunications loans program account

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

             distance learning, telemedicine, and broadband program

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

                                    TITLE IV

                             DOMESTIC FOOD PROGRAMS

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

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

                           Food and Nutrition Service

                            child nutrition programs

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

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

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

                   supplemental nutrition assistance program

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

                          commodity assistance program

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

                       nutrition programs administration

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

                                    TITLE V

                    FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

                             salaries and expenses

                         (including transfers of funds)

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

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

                         (including transfers of funds)

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

                         food for peace title ii grants

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

           commodity credit corporation export loans program account

                         (including transfers of funds)

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

      mc?govern-dole international food for education and child nutrition
                                 program grants

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

                                    TITLE VI

          FOOD AND DRUG ADMINISTRATION AND FARM CREDIT ADMINISTRATION

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                             salaries and expenses

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; for miscellaneous and emergency
    expenses of enforcement activities, authorized and approved by the
    Secretary and to be accounted for solely on the Secretary's
    certificate, not to exceed $25,000; and notwithstanding section 521 of
    Public Law 107-188; $3,745,044,000: Provided, That of the amount
    provided under this heading, $667,057,000 shall be derived from
    prescription drug user fees authorized by 21 U.S.C. 379h shall be
    credited to this account and remain available until expended, and shall
    not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3)
    assessed for fiscal year 2012 but collected in fiscal year 2011;
    $61,860,000 shall be derived from medical device user fees authorized
    by 21 U.S.C. 379j, and shall be credited to this account and remain
    available until expended; $19,448,000 shall be derived from animal drug
    user fees authorized by 21 U.S.C. 379j, and shall be credited to this
    account and remain available until expended; $5,397,000 shall be
    derived from animal generic drug user fees authorized by 21 U.S.C.
    379f, and shall be credited to this account and shall remain available
    until expended; and $450,000,000 shall be derived from tobacco product
    user fees authorized by 21 U.S.C. 387s and shall be credited to this
    account and remain available until expended:  Provided further, That in
    addition and notwithstanding any other provision under this heading,
    amounts collected for prescription drug user fees that exceed the
    fiscal year 2011 limitation are appropriated and shall be credited to
    this account and remain available until expended:   Provided further,
    That fees derived from prescription drug, medical device, animal drug,
    animal generic drug, and tobacco product assessments for fiscal year
    2011 received during fiscal year 2011, including any such fees assessed
    prior to fiscal year 2011 but credited for fiscal year 2011, shall be
    subject to the fiscal year 2011 limitations:  Provided further, That
    none of these funds shall be used to develop, establish, or operate any
    program of user fees authorized by 31 U.S.C. 9701:  Provided further,
    That of the total amount appropriated: (1) $869,387,000 shall be for
    the Center for Food Safety and Applied Nutrition and related field
    activities in the Office of Regulatory Affairs; (2) $982,811,000 shall
    be for the Center for Drug Evaluation and Research and related field
    activities in the Office of Regulatory Affairs; (3) $328,234,000 shall
    be for the Center for Biologics Evaluation and Research and for related
    field activities in the Office of Regulatory Affairs; (4) $167,875,000
    shall be for the Center for Veterinary Medicine and for related field
    activities in the Office of Regulatory Affairs; (5) $362,491,000 shall
    be for the Center for Devices and Radiological Health and for related
    field activities in the Office of Regulatory Affairs; (6) $60,975,000
    shall be for the National Center for Toxicological Research; (7)
    $421,463,000 shall be for the Center for Tobacco Products and for
    related field activities in the Office of Regulatory Affairs; (8) not
    to exceed $141,724,000 shall be for Rent and Related activities, of
    which $41,951,000 is for White Oak Consolidation, other than the
    amounts paid to the General Services Administration for rent; (9) not
    to exceed $185,983,000 shall be for payments to the General Services
    Administration for rent; and (10) $224,101,000 shall be for other
    activities, including the Office of the Commissioner; the Office of
    Foods; the Office of the Chief Scientist; the Office of Policy,
    Planning and Budget; the Office of International Programs; the Office
    of Administration; and central services for these offices: Provided
    further, That none of the funds made available under this heading shall
    be used to transfer funds under section 770(n) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 379dd):  Provided further, That not
    to exceed $25,000 of this amount shall be for official reception and
    representation expenses, not otherwise provided for, as determined by
    the Commissioner:  Provided further, That funds may be transferred from
    one specified activity to another with the prior approval of the
    Committees on Appropriations of both Houses of Congress.
        In addition, mammography user fees authorized by 42 U.S.C. 263b,
    export certification user fees authorized by 21 U.S.C. 381, and
    priority review user fees authorized by 21 U.S.C. 360n may be credited
    to this account, to remain available until expended.

                            buildings and facilities

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

                               INDEPENDENT AGENCY

                           Farm Credit Administration

                     limitation on administrative expenses

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

                                   TITLE VII

                               GENERAL PROVISIONS

                 (including rescissions and transfers of funds)

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

        (b) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure for activities,
    programs, or projects through a reprogramming or use of the authorities
    referred to in subsection (a) involving funds in excess of $500,000 or
    10 percent, whichever is less, that:
                (1) augments existing programs, projects, or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;
    unless the Secretary of Agriculture and the Secretary of Health and
    Human Services, notifies, in writing, the Committees on Appropriations
    of both Houses of Congress at least 30 days in advance of the
    reprogramming of such funds or the use of such authority.
        (c) The Secretary of Agriculture and the Secretary of Health and
    Human Services, shall notify in writing the Committees on
    Appropriations of both Houses of Congress before implementing a program
    or activity not carried out during the previous fiscal year unless the
    program or activity is funded by this Act or specifically funded by any
    other Act.
        Sec. 712.  None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's Budget
    submission to the Congress of the United States for programs under the
    jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies that
    assumes revenues or reflects a reduction from the previous year due to
    user fees proposals that have not been enacted into law prior to the
    submission of the Budget unless such Budget submission identifies which
    additional spending reductions should occur in the event the user fees
    proposals are not enacted prior to the date of the convening of a
    committee of conference for the fiscal year 2012 appropriations Act.
        Sec. 713.  None of the funds made available by this or any other
    Act may be used to close or relocate a Rural Development office unless
    or until the Secretary of Agriculture determines the cost effectiveness
    and/or enhancement of program delivery: Provided, That not later than
    120 days before the date of the proposed closure or relocation, the
    Secretary notifies in writing the Committees on Appropriation of the
    House and Senate, and the members of Congress from the State in which
    the office is located of the proposed closure or relocation and
    provides a report that describes the justifications for such closures
    and relocations.
        Sec. 714.  None of the funds made available in fiscal year 2010 or
    preceding fiscal years for programs authorized under the Food for Peace
    Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
    reimburse the Commodity Credit Corporation for the release of eligible
    commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
    Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
    available to reimburse the Commodity Credit Corporation shall only be
    used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
    Humanitarian Trust Act.
        Sec. 715.  None of the funds made available to the Food and Drug
    Administration by this Act shall be used to close or relocate, or to
    plan to close or relocate, the Food and Drug Administration Division of
    Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
    county limits of St. Louis, Missouri.
        Sec. 716.  Funds made available under section 1240I and section
    1241(a) of the Food Security Act of 1985 and section 524(b) of the
    Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
    year shall remain available until expended to disburse obligations made
    in the current fiscal year.
        Sec. 717.  Unless otherwise authorized by existing law, none of the
    funds provided in this Act, may be used by an executive branch agency
    to produce any prepackaged news story intended for broadcast or
    distribution in the United States unless the story includes a clear
    notification within the text or audio of the prepackaged news story
    that the prepackaged news story was prepared or funded by that
    executive branch agency.
        Sec. 718.  There is hereby appropriated $5,000,000, to remain
    available until expended, for a grant to the National Center for
    Natural Products Research for construction or renovation to carry out
    the research objectives of the natural products research grant issued
    by the Food and Drug Administration.
        Sec. 719.  None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out in fiscal year 2011 the
    following:
                (1) An Environmental Quality Incentives Program as
            authorized by sections 1240-1240 H of the Food Security of
            1985, as amended (16 U.S.C. 3839aa-3839aa(8)), in excess of
            $1,311,548,000.
                (2) A program authorized by section 14(h)(1) of the
            Watershed Protection and Flood Prevention Act (16 U.S.C.
            1012(h)(1)).
                (3) A program under subsection (b)(2)(A)(iii) of section
            14222 of Public Law 110-246 in excess of $1,052,000,000:
            Provided, That none of the funds made available in this Act or
            any other Act shall be used for salaries and expenses to carry
            out section 19(i)(1)(D) of the Richard B. Russell National
            School Lunch Act as amended by section 4304 of Public Law 110-
            246 in excess of $37,000,000, including the transfer of funds
            under subsection (c) of section 14222 of Public Law 110-246,
            until October 1, 2011:  Provided further, That $113,000,000
            made available on October 1, 2011, to carry out section
            19(i)(1)(D) of the Richard B. Russell National School Lunch Act
            as amended by section 4304 of Public Law 110-246 shall be
            excluded from the limitation described in subsection
            (b)(2)(A)(iv) of section 14222 of Public Law 110-246.
                (4) A Wetlands Reserve Program as authorized by sections
            1237-1237F of the Food Security Act of 1985, as amended (16
            U.S.C. 3837), to enroll in excess of 247,500 acres.
        Sec. 720.  Notwithstanding any other provision of law, any former
    RUS borrower that has repaid or prepaid an insured, direct or
    guaranteed loan under the Rural Electrification Act, or any not-for-
    profit utility that is eligible to receive an insured or direct loan
    under such Act, shall be eligible for assistance under section
    313(b)(2)(B) of such Act in the same manner as a borrower under such
    Act.
        Sec. 721.  None of the funds made available to the Department of
    Agriculture in this Act may be used to implement the risk-based
    inspection program in the 30 prototype locations announced on February
    22, 2007, by the Under Secretary for Food Safety, or at any other
    locations, until the USDA Office of Inspector General has provided its
    findings to the Food Safety and Inspection Service and the Committees
    on Appropriations of the House of Representatives and the Senate on the
    data used in support of the development and design of the risk-based
    inspection program and FSIS has addressed and resolved issues
    identified by OIG.
        Sec. 722.  Notwithstanding any other provision of law, the
    Secretary of Agriculture--
                (1) shall consider--
                        (A) the town of Alden, NY, the town of Fallsburg,
                    NY, and the town of Moreau, NY, to be rural areas for
                    the purposes of eligibility for Rural Utilities Service
                    water and waste disposal loans and grants;
                        (B) the town of Brattleboro, VT, (including
                    individuals and entities with projects within the town)
                    eligible for loans and grants funded through the Rural
                    Utilities Service water and waste disposal program;
                        (C) the cities of Greenwood, SC, and Paragould, AR,
                    (including individuals and entities with projects
                    within the cities) eligible for loans and grants funded
                    through the Rural Community Facilities Program Account;
                        (D) the area of South Apopka, FL, and the
                    unincorporated community of Oceano, CA (including
                    individuals and entities with projects within the
                    community), eligible for loans and grants funded under
                    the housing programs of the Rural Housing Service;
                        (E) the city of Wilkes-Barre, PA, the city of
                    Pittston, PA, the city of Nanticoke, PA, the township
                    of Pittston, PA, and the township of Hanover, PA
                    (including individuals and entities with projects
                    within the city) eligible for loans and grants funded
                    through the Rural Business Program Account; and
                        (F) the area of Dededo, Guam, and the area of Yigo,
                    Guam (including individuals and entities with projects
                    within the city), eligible for loans and grants funded
                    through the Rural Development mission area; and
                (2) may fund Rural Community Facility Program projects of
            the Rural Housing Service and Water and Waste Disposal Program
            projects of the Rural Utilities Service for communities and
            municipal districts and areas in New York that filed
            applications for such projects with the appropriate Rural
            Development field office of the Department of Agriculture prior
            to January 1, 2010, and that such projects were determined by
            the field office to be eligible for funding.
        Sec. 723.  There is hereby appropriated $2,600,000, to remain
    available until expended, for the construction and interim operations
    for establishment of an agricultural pest facility in the State of
    Hawaii.
        Sec. 724.  Notwithstanding any other provision of law, the Natural
    Resources Conservation Service shall provide financial and technical
    assistance through the Watershed and Flood Prevention Operations
    program to carry out--
                (1) the Alameda Creek Watershed Project in Alameda County,
            California;
                (2) the Pidcock-Mill Creeks Watershed project in Bucks
            County, Pennsylvania;
                (3) the Gin Bayou Bank Stabilization in Mississippi;
                (4) the North Drainage Projects in Mississippi;
                (5) the Copper Mine Brook Watershed project in the State of
            Connecticut;
                (6) the East Locust Creek Watershed Plan Revision in
            Missouri, including up to 100 percent of the engineering
            assistance and 75 percent cost share for construction cost of
            site RW1;
                (7) the Little Otter Creek Watershed project in Missouri.
            The sponsoring local organization may obtain land rights by
            perpetual easements;
                (8) the Lake County Watershed in the State of Illinois;
                (9) the Dunloup Creek Watershed project in Fayette and
            Raleigh Counties, West Virginia;
                (10) the North Fork of Elkhorn Creek Watershed project in
            the State of West Virginia;
                (11) the Pocasset River Floodplain Management project in
            the State of Rhode Island; and
                (12) the Southeast Quadrant Drainage and Flood Prevention
            project in the State of Alabama.
        Sec. 725.  Notwithstanding any other provision of law, for the
    purposes of a grant under section 412 of the Agricultural Research,
    Extension, and Education Reform Act of 1998, none of the funds in this
    or any other Act may be used to prohibit the provision of in-kind
    support from non-Federal sources under section 412(e)(3) in the form of
    unrecovered indirect costs not otherwise charged against the grant,
    consistent with the indirect rate of cost approved for a recipient.
        Sec. 726.  Notwithstanding any other provision of law, there is
    hereby appropriated:
                (1) $3,000,000 of which $2,000,000 shall be for a grant to
            the Wisconsin Department of Agriculture, Trade, and Consumer
            Protection, and $1,000,000 shall be for a grant to the Vermont
            Agency of Agriculture, Foods, and Markets, as authorized by
            section 6402 of the Farm Security and Rural Investment Act of
            2002 (7 U.S.C. 1621 note);
                (2) $350,000 for a grant to the Wisconsin Department of
            Agriculture, Trade and Consumer Protection; and
                (3) $250,000 for the Tioga County, NY, Rural Economic Area
            Partnership.
        Sec. 727.  The Secretary of Agriculture may authorize a State
    agency to use funds provided in this Act to exceed the maximum amount
    of liquid infant formula specified in 7 C.F.R. 246.10 when issuing
    liquid infant formula to participants.
        Sec. 728.  Of the unobligated balances provided pursuant to section
    16(h)(1)(A) of the Food and Nutrition Act of 2008, $15,000,000 is
    hereby rescinded.
        Sec. 729. (a) None of the funds made available by this Act may be
    used to promulgate or implement a poultry products inspection rule
    allowing processed poultry or processed poultry products to be imported
    into the United States from the People's Republic of China unless the
    Secretary of Agriculture formally notifies Congress that the Department
    will--
        (1) not provide any preferential consideration to any application
    by the People's Republic of China for authorization to export poultry
    or poultry products to the United States;
        (2) conduct audits of inspection systems and on-site reviews of
    slaughter and processing facilities, laboratories and other control
    operations before any Chinese facilities are certified as eligible to
    ship poultry or poultry products to the United States and, in
    subsequent years, to conduct such audits and reviews at least once
    annually or more frequently as the Secretary determines necessary;
        (3) implement a significantly increased level of port of entry re-
    inspection;
        (4) establish and conduct a formal and expeditious information
    sharing program with other countries importing processed poultry or
    processed poultry products from China that have conducted audits and
    plant inspections;
        (5) report to the House and Senate Committees on Appropriations
    within 60 days of the date of enactment of this Act, and every 90 days
    thereafter for an indefinite period, with respect to the promulgation
    or implementation of any poultry products inspection rule authorizing
    the People's Republic of China to export poultry or poultry products to
    the United States, including--
                (A) actions taken or to be taken by the Secretary,
            including new audits and on-site reviews, to implement any
            poultry products inspection rule authorizing the People's
            Republic of China to export processed poultry or processed
            poultry products to the United States;
                (B) actions taken or to be taken by the Secretary,
            including new audits and on-site reviews, to determine whether
            the poultry inspection system of the People's Republic of China
            achieves a level of sanitary protection equivalent to that
            achieved under United States standards;
                (C) actions taken or to be taken by the Secretary to
            determine whether the administration and enforcement of the
            poultry and poultry products inspection system of the People's
            Republic of China ensures that it achieves a level of sanitary
            protection equivalent to that achieved under United States
            standards;
                (D) the level of port of entry re-inspections to be
            conducted on processed poultry and processed poultry products
            offered for importation into the United States from the
            People's Republic of China; and
                (E) a work plan incorporating any understandings or
            agreements between FSIS and relevant authorities of the
            People's Republic of China with respect to carrying out the
            Secretary's assessment of the equivalency of the poultry
            products inspection system of the People's Republic of China;
        (6) make publicly available, no later than 30 days from the date
    they are finalized, the reports of any new audits and on-site reviews
    conducted by the Secretary, and, in addition, when such audit or review
    is being conducted to determine whether the People's Republic of
    China's poultry inspection system achieves a level of sanitary
    protection equivalent to that achieved under United States standards,
    to make the final report of such audit or review publicly available no
    later than 30 days prior to the publication of any notice of proposed
    rulemaking for such determination; and
        (7) make publicly available a list of facilities in the People's
    Republic of China certified to export poultry or poultry products to
    the United States and to notify the House and Senate Committees on
    Appropriations if the number of facilities certified by the People's
    Republic of China exceeds ten.
        (b) None of the funds made available by this Act may be used to
    promulgate any proposed or final rule allowing the importation into the
    United States of poultry slaughtered or poultry products produced from
    poultry slaughtered in the People's Republic of China unless such rule
    is promulgated in accordance with the procedures for significant rules
    specified in Executive Order 12866.
        (c) This section shall be applied in a manner consistent with
    United States obligations under its international trade agreements.
        Sec. 730.  None of the funds made available in this Act may be used
    to pay the salaries or expenses of personnel to--
                (1) inspect horses under section 3 of the Federal Meat
            Inspection Act (21 U.S.C. 603);
                (2) inspect horses under section 903 of the Federal
            Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
            note; Public Law 104-127); or
                (3) implement or enforce section 352.19 of title 9, Code of
            Federal Regulations.
        Sec. 731.  There is hereby appropriated $2,600,000 to carry out
    section 1621 of Public Law 110-246 and $3,000,000, to remain available
    until expended, to carry out section 1613 of Public Law 110-246.
        Sec. 732.  There is hereby appropriated $800,000 to the Farm
    Service Agency to carry out a pilot program to demonstrate the use of
    new technologies that increase the rate of growth of re-forested
    hardwood trees on private non-industrial forests lands, enrolling lands
    on the coast of the Gulf of Mexico that were damaged by Hurricane
    Katrina in 2005.
        Sec. 733.  In the case of each program established or amended by
    the Food, Conservation, and Energy Act of 2008 (Public Law 110-246),
    other than by title I or subtitle A of title III of such Act, or
    programs for which indefinite amounts were provided in that Act that is
    authorized or required to be carried out using funds of the Commodity
    Credit Corporation--
                (1) such funds shall be available for salaries and related
            administrative expenses, including technical assistance,
            associated with the implementation of the program, without
            regard to the limitation on the total amount of allotments and
            fund transfers contained in section 11 of the Commodity Credit
            Corporation Charter Act (15 U.S.C. 714i); and
                (2) the use of such funds for such purpose shall not be
            considered to be a fund transfer or allotment for purposes of
            applying the limitation on the total amount of allotments and
            fund transfers contained in such section.
        Sec. 734.  Hereafter, notwithstanding section 310B(g)(5) of the
    Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
    Secretary may assess a one-time fee for any guaranteed business and
    industry loan in an amount that does not exceed 3 percent of the
    guaranteed principal portion of the loan.
        Sec. 735.  The Secretary may reserve, through April 1, 2011, up to
    5 percent of the funding available for the following items for projects
    in areas that are engaged in strategic regional development planning as
    defined by the Secretary: business and industry guaranteed loans; rural
    development loan fund; rural business enterprise grants; rural business
    opportunity grants; value-added producer grants; broadband program;
    water and waste program; and rural community facilities program.
        Sec. 736.  Appropriations to the Department of Agriculture made
    available in fiscal years 2005, 2006, and 2007 to carry out section 601
    of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for the cost
    of direct loans shall remain available until expended to disburse valid
    obligations made in fiscal years 2005, 2006, 2007, and 2008.
        Sec. 737.  Of the unobligated balances in the Agricultural Research
    Service, Buildings and Facilities account, $2,226,000 are hereby
    rescinded: Provided, That no amounts may be rescinded from amounts that
    were designated by the Congress as an emergency requirement pursuant to
    the Concurrent Resolution on the Budget or the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended: Provided further,
    That no amounts may be rescinded from amounts greater than $5,000,000
    or that have received an appropriation since 2007 unless construction
    of those facilities has been completed.
        Sec. 738.  Of the unobligated balances in the Distance Learning,
    Telemedicine and Broadband Program for the cost of the broadband loans,
    $39,000,000 are rescinded: Provided, That no amounts may be rescinded
    from amounts that were designated by the Congress as an emergency
    requirement pursuant to the Concurrent Resolution on the Budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
        Sec. 739.  Of the unobligated balances available for Cooperative
    State Research, Education, and Extension Service, Buildings and
    Facilities, $3,531,000 are rescinded.
        Sec. 740.  For an additional amount for the ``Departmental
    Administration'' account, $1,000,000, to increase the Department's
    acquisition workforce capacity and capabilities:  Provided, That such
    funds may be transferred by the Secretary to any other account in the
    Department to carry out the purposes provided herein:  Provided
    further, That such transfer authority is in addition to any other
    transfer authority provided in this Act:  Provided further, That such
    funds shall be available only to supplement and not to supplant
    existing acquisition workforce activities:  Provided further, That such
    funds shall be available for training, recruitment, and retention of
    additional members of the acquisition workforce as defined by the
    Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401 et
    seq.):  Provided further, That such funds shall be available for
    information technology in support of acquisition workforce
    effectiveness or for management solutions to improve acquisition
    management.
        Sec. 741.  Notwithstanding any other provision of law, school food
    authorities which received a grant for equipment assistance under the
    grant program carried out pursuant to the heading ``Food and Nutrition
    Service Child Nutrition Programs'' in title I of division A of the
    American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall
    be eligible to receive a grant under section 749 (j) of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 2010 (Public Law 111-80).
        Sec. 742.  The Agricultural Research Service may convey all rights
    and title of the United States, to a parcel of land comprising .93
    acres, more or less, located in SW1/4 Section 26 and NW1/4 Section 35,
    Township 12 North, Range 1 East, Salt Lake Meridian in Cache County,
    Utah, originally conveyed by the Board of Trustees of the Utah State
    University of Agriculture and Applied Science, and described in
    instruments recorded in Book 45, pages 493-495, of the public land
    records of Cache County, Utah, including facilities, and fixed
    equipment, to the Utah State University, Logan, Utah, in their ``as
    is'' condition, once suitable headhouse and greenhouse facilities have
    been provided and when the facilities are vacated by the Agricultural
    Research Service.
        Sec. 743. (a) When implementing the authority provided in
    paragraphs (2) and (3) of section 740(c) of the Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2010 (Public Law 111-80) that requires the
    Commissioner of Food and Drugs to develop updated guidance documents
    and review standards for the development of safe and effective products
    to treat rare diseases and neglected tropical diseases, the
    Commissioner shall--
                (1) maximize the use of accelerated approval where feasible
            and appropriate;
                (2) work with sponsors to facilitate expanded access to
            investigational therapies;
                (3) increase coordination and interaction with the World
            Health Organization, European Medicines Agency, and other
            international regulatory agencies;
                (4) implement mechanisms for enhanced collaboration between
            the Food and Drug Administration and National Regulatory
            Authorities in developing countries;
                (5) develop guidance on clinical development programs for
            rare diseases;
                (6) develop guidance on the use of surrogate endpoints that
            are reasonably likely to predict clinical benefit of drugs and
            biological products under the regulations under subpart H of
            part 314 of title 21, Code of Federal Regulations and subpart E
            of part 601 of title 21, Code of Federal Regulations; and
                (7) increase coordination among individual drug, biological
            product, and device review divisions across Food and Drug
            Administration centers to support the development of safe and
            effective medical products for rare and neglected diseases.
        (b) The Commissioner of Food and Drugs shall submit a report to the
    Committee on Appropriations of the Senate and the Committee on
    Appropriations of the House of Representatives not later than 180 days
    after the report required in section 740(c)(1) of the Agriculture,
    Rural Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2010 (Public Law 111-80) is submitted: Provided,
    That the report submitted in response to this section shall describe in
    detail how the Food and Drug Administration is implementing subsection
    (a).
        Sec. 744. (a) Stakeholder Panel.--Not later than 90 days after the
    date of the enactment of this section, the Secretary of Agriculture
    shall contract with a person, firm or organization that specializes in
    facilitating meetings to establish the Stakeholder Panel referred to in
    paragraph (b). Section 706 of this Act shall not apply to the
    Stakeholder Panel referred to in paragraph (b).
        (b) Formation.--
                (1) Establishment.--Not later than 180 days after the date
            of the enactment of this section, the person, firm or
            organization that specializes in facilitating meetings
            described in subsection (a) shall select the members, convene,
            and preside over the Stakeholder Panel to analyze public health
            needs related to food safety and develop a concept for a modern
            food safety system designed to reduce the risk of foodborne
            illness for products regulated by the Food Safety and
            Inspection Service.
                (2) Membership.--The Stakeholder Panel shall consist of 15
            members and include a balanced representation from the
            following sectors--
                        (A) membership-based consumer organizations;
                        (B) the public health profession;
                        (C) Federal and industry employees, including a
                    representative of employees of the Food Safety and
                    Inspection Service that are represented by a labor
                    organization (as defined in section (a)(4) of the Civil
                    Service Reform Act (5 U.S.C. 7103)) and a
                    representative of employees of the industries regulated
                    by the Food Safety and Inspection Service that are
                    represented by a labor organization (as defined in
                    section 2 of the National Labor Relations Act (29
                    U.S.C. 152));
                        (D) agriculture and livestock producers of varying
                    sizes whose products are regulated by the Food Safety
                    and Inspection Service, including one representative of
                    small agriculture or livestock producers; and
                        (E) food manufacturers and processors of varying
                    sizes that are regulated by the Food Safety and
                    Inspection Service, including at least one
                    representative of small food manufacturers or
                    processors.
                (3) Initial duties and report.--Not later than 180 days
            after the date on which the stakeholder panel is initially
            convened, the stakeholder panel shall develop and submit to the
            Secretary of Agriculture the terms of reference and the scope
            of the work to be addressed by the Institute of Medicine and
            the National Research Council of the National Academy of
            Sciences study described in subsection (c) based on an analysis
            of public health needs related to food safety and a conception
            of a modern food safety system.
                (4) Policy recommendations and final report.--Not later
            than one year after the date on which the Secretary of
            Agriculture submits to the stakeholder panel the report
            described in subsection (c)(3), the stakeholder panel shall
            develop and submit to the congressional agriculture committees
            policy recommendations, including identifying statutory and
            regulatory changes necessary, on how to improve the food safety
            system for products regulated by the Food Safety and Inspection
            Service based on an analysis of public health needs, a
            conception of a modern food safety system, and considering the
            report described in subsection (c)(3).
        (c) National Academy of Sciences Study.--
                (1) In general.--The Secretary of Agriculture shall
            contract with the Institute of Medicine and the National
            Research Council of the National Academy of Sciences to conduct
            an evidence-based study of the food safety system for products
            regulated by the Food Safety and Inspection Service.
                (2) Use of terms and scope.--The study described in
            subparagraph (1) shall use the terms of reference and be
            conducted within the scope developed by the stakeholder panel
            under subsection (b)(4).
                (3) Report.--Not later than one year after the date on
            which the stakeholder panel submits the report required under
            subsection (b)(3), the Institute of Medicine and the National
            Research Council of the National Academy of Sciences shall
            submit to the Secretary of Agriculture a report detailing the
            results of the study conducted under this subsection. Upon
            receipt of such report, the Secretary of Agriculture shall
            submit such report to the stakeholder panel.
        (d) Definitions.--In this section:
                (1) Congressional agriculture committees.--The term
            ``congressional agriculture committees'' means--
                        (A) the Committee on Agriculture and the Committee
                    on Appropriations of the House of Representatives; and
                        (B) the Committee on Agriculture, Nutrition, and
                    Forestry and the Committee on Appropriations of the
                    Senate.
                (2) Food safety and inspection service.--The term ``Food
            Safety and Inspection Service'' means the Food Safety and
            Inspection Service of the Department of Agriculture.
                (3) Stakeholder panel.--The term ``stakeholder panel''
            means the stakeholder panel established under subsection
            (b)(2).
        Sec. 745.  The unobligated balances available for the wildlife
    habitat incentives program under section 1240N of the Food Security Act
    of 1985 (16 U.S.C. 3839bb-1), as identified by Treasury Appropriation
    Fund Symbol 12X3322, are rescinded; for the program under the Water
    Bank Act (16 U.S.C. 1301 et seq.), as identified by Treasury
    Appropriation Fund Symbol 12X3320; and for the wetlands reserve program
    under section 1237 of the Food Security Act of 1985 (16 U.S.C. 3837),
    as identified by Treasury Appropriation Fund Symbol 12X1080; are
    rescinded.
        Sec. 746.  Hereafter, under the Rural Electrification Act of 1936
    the Secretary of Agriculture shall conduct a pilot program that
    provides loans or loan guarantees for the construction of not more than
    three baseload electric generation plants: Provided, That in issuing
    loans and loan guarantees the Secretary shall not discriminate based on
    the fuel input of such plants as long as the input is from fossil fuels
    and the generation facility emits into the ambient air CO<INF>2</INF>
    at a rate, in lbs CO<INF>2</INF>/MWh, not greater than the
    CO<INF>2</INF> emitted from a natural gas fired generation facility of
    a similar size that began operation within the last 10 years, as
    determined by the Secretary: Provided further, That the Secretary shall
    charge an upfront fee equal to the subsidy cost of such loans as
    calculated in accordance with section 502 of the Federal Credit Reform
    Act of 1990: Provided further, That the fee shall be paid from non-
    Federal sources: Provided further, That the source of such payment
    received from borrowers is not a loan or other debt obligation that is
    guaranteed by the Federal Government: Provided further, That gross
    obligations for the principal amount of loans authorized by this
    section shall not exceed $1,500,000,000.
        Sec. 747.  The unobligated balances available for the Outreach for
    Socially Disadvantaged Farmers account, as identified by Treasury
    Appropriation Fund Symbol 12X0601, are rescinded; for the Rural
    Community Advancement Program, as identified by Treasury Appropriation
    Fund Symbol 12X0400, are rescinded; for the Payments to States program,
    as identified by Treasury Appropriation Fund symbol 12X2501, are
    rescinded; for the Common Computing Environment account, as identified
    by Treasury Appropriation Fund Symbol 12X0113, $1,866,000 are
    rescinded; for the Office of the Secretary, as identified by Treasury
    Appropriation Fund Symbol 12X0115, are rescinded; for the Agricultural
    Credit Insurance Fund, as identified by Treasury Appropriation Fund
    Symbol 12X1140, $3,000,000 are rescinded; for the Resource Conservation
    and Development program, as identified by Treasury Appropriation Fund
    Symbol 12X1010, $1,563,000 are rescinded; for the Emergency
    Conservation Program, as identified by Treasury Appropriation Fund
    Symbol 12X3316, $19,939,000 are rescinded; for Watershed and Flood
    Prevention Operations, as identified by Treasury Appropriation Fund
    Symbol 12X1072, $38,846,000 are rescinded; for the Animal and Plant
    Health Inspection Service--Buildings and Facilities account, as
    identified by Treasury Appropriation Fund Symbol 12X1601, $3,000,000
    are rescinded. In addition, from prior year unobligated balances of
    Animal and Plant Health Inspection Service--Salaries and Expenses
    account, the following amounts are rescinded: Sudden Oak Death,
    $295,000; Sirex Woodwasp, $408,000; Avian Influenza, $8,000,000;
    Information Technology Infrastructure, $86,000; Screwworm, $1,000,000;
    HUB Relocation, $98,000; H1N1, $5,000,000; and Contingency Funds,
    $1,000,000.
        Sec. 748.  The unobligated balances available for the Agricultural
    Research Service--Salaries and Expenses account, as identified by
    Treasury Appropriation Fund Symbol 12X1400, as provided through Public
    Law 109-234 and Public Law 111-32, $971,000 is hereby rescinded; the
    unobligated balances provided pursuant to section 9005 of the Farm
    Security and Rural Investment Act of 2002 (7 U.S.C. 8105), $28,042,000
    is hereby rescinded; the unobligated balances provided pursuant to
    section 9003 of the Farm Security and Rural Investment Act of 2002 (7
    U.S.C. 8103), $56,084,000 is hereby rescinded.
        Sec. 749.  None of the funds appropriated or made available by this
    or any other Act shall be used to pay the salaries and expenses of
    personnel to carry out a biomass crop assistance program as authorized
    by section 9011 of Public Law 107-171 in fiscal year 2011.
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2011''.

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

                                    TITLE I

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                         operations and administration

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

                        Bureau of Industry and Security

                         operations and administration

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

                      Economic Development Administration

                    economic development assistance programs

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

                             salaries and expenses

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

                      Minority Business Development Agency

                         minority business development

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

                       Economic and Statistical Analysis

                             salaries and expenses

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

                              Bureau of the Census

                             salaries and expenses

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

                         periodic censuses and programs

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

           National Telecommunications and Information Administration

                             salaries and expenses

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

        public telecommunications facilities, planning and construction

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

                   United States Patent and Trademark Office

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the United States Patent and Trademark
    Office (USPTO) provided for by law, including defense of suits
    instituted against the Under Secretary of Commerce for Intellectual
    Property and Director of the United States Patent and Trademark Office,
    $2,262,000,000, to remain available until expended: Provided, That the
    sum herein appropriated from the general fund shall be reduced as
    offsetting collections assessed and collected pursuant to 15 U.S.C.
    1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2011, so
    as to result in a fiscal year 2011 appropriation from the general fund
    estimated at $0: Provided further, That during fiscal year 2011, should
    the total amount of offsetting collections, and the surcharge provided
    herein, be less than $2,262,000,000, this amount shall be reduced
    accordingly:  Provided further, That any amount received in excess of
    $2,262,000,000 in fiscal year 2011, in an amount up to $200,000,000,
    shall remain available until expended: Provided further, That from
    amounts provided herein, not to exceed $750 shall be made available in
    fiscal year 2011 for official reception and representation expenses:
    Provided further, That in fiscal year 2011 from the amounts made
    available for ``Salaries and Expenses'' for the USPTO, the amounts
    necessary to pay: (1) the difference between the percentage of basic
    pay contributed by the USPTO and employees under section 8334(a) of
    title 5, United States Code, and the normal cost percentage (as defined
    by section 8331(17) of that title) of basic pay, of employees subject
    to subchapter III of chapter 83 of that title; and (2) the present
    value of the otherwise unfunded accruing costs, as determined by the
    Office of Personnel Management, of post-retirement life insurance and
    post-retirement health benefits coverage for all USPTO employees, shall
    be transferred to the Civil Service Retirement and Disability Fund, the
    Employees Life Insurance Fund, and the Employees Health Benefits Fund,
    as appropriate, and shall be available for the authorized purposes of
    those accounts: Provided further, That sections 801, 802, and 803 of
    division B, Public Law 108-447 shall remain in effect during fiscal
    year 2011: Provided further, That the Director may, this year, reduce
    by regulation fees payable for documents in patent and trademark
    matters, in connection with the filing of documents filed
    electronically in a form prescribed by the Director: Provided further,
    That from the amounts provided herein, no less than $4,000,000 shall be
    available only for the USPTO contribution in a cooperative or joint
    agreement or agreements with a non-profit organization or
    organizations, successfully audited within the previous year, and with
    previous experience in such programs, to conduct policy studies,
    including studies relating to activities of United Nations Specialized
    agencies and other international organizations, as well as conferences
    and other development programs, in support of fair international
    protection of intellectual property rights: Provided further, That
    there shall be a surcharge of 15 percent, rounded by standard
    arithmetic rules, on fees charged or authorized by subsections (a), (b)
    and (d)(1) of section 41 of title 35, United States Code, as
    administered under Public Law 108-447 and this Act and on fees charged
    or authorized by section 132(b) of title 35, United States Code:
    Provided further, That the surcharge established under the previous
    proviso shall be separate from, and in addition to, any other surcharge
    that may be required pursuant to any provision of title 35, United
    States Code: Provided further, That the surcharge established in the
    previous two provisions shall take effect on the date that is 10 days
    after the date of enactment of this Act, and shall remain in effect
    during fiscal year 2011: Provided further, That, the receipts collected
    as a result of these surcharges shall be available, within the amounts
    provided herein, to the USPTO without fiscal year limitation, for all
    authorized activities and operations of the Office: Provided further,
    That within the amounts appropriated, $1,000,000 shall be transferred
    to the Office of Inspector General for activities associated with
    carrying out investigations and audits related to the USPTO.

                 National Institute of Standards and Technology

                 scientific and technical research and services

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

                         industrial technology services

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

                      construction of research facilities

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

                National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfers of funds)

        For necessary expenses of activities authorized by law for the
    National Oceanic and Atmospheric Administration (NOAA), including
    maintenance, operation, and hire of aircraft and vessels; grants,
    contracts, or other payments to nonprofit organizations for the
    purposes of conducting activities pursuant to cooperative agreements;
    and relocation of facilities, $3,475,460,000, to remain available until
    September 30, 2012, except for funds provided for cooperative
    enforcement, which shall remain available until September 30, 2013:
    Provided, That fees and donations received by the National Ocean
    Service for the management of national marine sanctuaries may be
    retained and used for the salaries and expenses associated with those
    activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
    addition, $3,000,000 shall be derived by transfer from the fund
    entitled ``Coastal Zone Management'' and in addition $68,000,000 shall
    be derived by transfer from the fund entitled ``Promote and Develop
    Fishery Products and Research Pertaining to American Fisheries'' and
    $6,000,000 is derived from recoveries of prior-year obligations:
    Provided further, That of the $3,552,460,000 provided for in direct
    obligations under this heading $3,475,460,000 is appropriated from the
    general fund, and $71,000,000 is provided by transfer: Provided
    further, That no more than $391,000,000 of these funds may be used for
    administrative costs incurred by NOAA's corporate staff and line office
    headquarters offices, and within this amount $245,028,000 shall be
    available for the NOAA corporate service administrative support costs:
    Provided further, That this $391,000,000 limitation may be increased up
    to 5 percent, provided that the Administrator of NOAA shall notify the
    Committees on Appropriations at least 15 days in advance of the need
    with the reasons for any proposed increase: Provided further, That
    payments of funds made available under this heading to the Department
    of Commerce Working Capital Fund including Department of Commerce
    General Counsel legal services shall not exceed $41,944,000: Provided
    further, That within the amounts appropriated, $97,565,000 shall be
    used for the projects, and in the amounts, as specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act): Provided further, That none of
    the funds within the Fisheries Enforcement Asset Forfeiture Fund shall
    be available for obligation until the Administrator of NOAA completes a
    comprehensive independent audit of the fund's assets and related
    transactions, defines precisely what monies constitute fund assets,
    states how the fund will comply with all applicable laws, and receives
    approval from the Committees on Appropriations for its spend plan:
    Provided further, That the Administrator shall identify and account for
    the Fisheries Enforcement Asset Forfeiture Fund as a separate and
    distinct part of the agency's annual budget submissions: Provided
    further, That any deviation from the amounts designated for specific
    activities in the explanatory statement accompanying this Act, or any
    use of deobligated balances of funds provided under this heading in
    previous years, shall be subject to the procedures set forth in section
    505 of this Act: Provided further, That in allocating grants under
    sections 306 and 306A of the Coastal Zone Management Act of 1972, as
    amended, no coastal State shall receive more than 5 percent or less
    than 1 percent of increased funds appropriated over the previous fiscal
    year.
        In addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for the medical care of retired personnel and their dependents
    under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
    be necessary.

                   procurement, acquisition and construction

                         (including transfer of funds)

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

                        pacific coastal salmon recovery

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

                          fishermen's contingency fund

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

                          coastal zone management fund

                         (including transfer of funds)

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

                       fisheries finance program account

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

                            Departmental Management

                             salaries and expenses

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

                          renovation and modernization

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

                          office of inspector general

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

                   General Provisions--Department of Commerce

        Sec. 101.  During the current fiscal year, applicable
    appropriations and funds made available to the Department of Commerce
    by this Act shall be available for the activities specified in the Act
    of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
    prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
    for advanced payments not otherwise authorized only upon the
    certification of officials designated by the Secretary of Commerce that
    such payments are in the public interest.
        Sec. 102.  During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 103.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall
    be treated as a reprogramming of funds under section 505 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, That the Secretary of Commerce shall notify the Committees on
    Appropriations at least 15 days in advance of the acquisition or
    disposal of any capital asset (including land, structures, and
    equipment) not specifically provided for in this Act or any other law
    appropriating funds for the Department of Commerce.
        Sec. 104.  Any costs incurred by a department or agency funded
    under this title resulting from personnel actions taken in response to
    funding reductions included in this title or from actions taken for the
    care and protection of loan collateral or grant property shall be
    absorbed within the total budgetary resources available to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 505 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 105.  The requirements set forth by section 112 of division B
    of Public Law 110-161 are hereby adopted by reference.
        Sec. 106.  Notwithstanding any other law, the Secretary may furnish
    services (including but not limited to utilities, telecommunications,
    and security services) necessary to support the operation, maintenance,
    and improvement of space that persons, firms or organizations are
    authorized pursuant to the Public Buildings Cooperative Use Act of 1976
    or other authority to use or occupy in the Herbert C. Hoover Building,
    Washington, DC, or other buildings, the maintenance, operation, and
    protection of which has been delegated to the Secretary from the
    Administrator of General Services pursuant to the Federal Property and
    Administrative Services Act of 1949, as amended, on a reimbursable or
    non-reimbursable basis. Amounts received as reimbursement for services
    provided under this section or the authority under which the use or
    occupancy of the space is authorized, up to $200,000, shall be credited
    to the appropriation or fund which initially bears the costs of such
    services.
        Sec. 107.  Nothing in this title shall be construed to prevent a
    grant recipient from deterring child pornography, copyright
    infringement, or any other unlawful activity over its networks.
        Sec. 108.  The Administrator of the National Oceanic and
    Atmospheric Administration is authorized to use, with their consent,
    with reimbursement and subject to the limits of available
    appropriations, the land, services, equipment, personnel, and
    facilities of any department, agency or instrumentality of the United
    States, or of any State, local government, Indian tribal government,
    Territory or possession, or of any political subdivision thereof, or of
    any foreign government or international organization for purposes
    related to carrying out the responsibilities of any statute
    administered by the National Oceanic and Atmospheric Administration.
        Sec. 109. (a) The Secretary of State shall ensure participation in
    the Commission for the Conservation and Management of Highly Migratory
    Fish Stocks in the Western and Central Pacific Ocean (``Commission'')
    and its subsidiary bodies by American Samoa, Guam, and the Northern
    Mariana Islands (collectively, the U.S. Participating Territories) to
    the same extent provided to the territories of other nations.
        (b) The U.S. Participating Territories are each authorized to use,
    assign, and allocate catch limits of highly migratory fish stocks, or
    fishing effort limits, agreed to by the Commission for the
    participating territories of the Convention for the Conservation and
    Management of Highly Migratory Fish Stocks in the Western and Central
    Pacific Ocean, through arrangements with U.S. vessels with permits
    issued under the Pelagic Fishery Management Plan of the Western Pacific
    Region. Vessels under such arrangements are integral to the domestic
    fisheries of the U.S. Participating Territories, provided that such
    arrangements are funded by deposits to the Western Pacific Sustainable
    Fisheries Fund in support of fisheries development projects identified
    in a Territory's Marine Conservation Plan and adopted pursuant to
    section 204 of the Magnuson-Stevens Fishery Conservation and Management
    Act (16 U.S.C. 1824). The Secretary of Commerce shall attribute catches
    made by vessels operating under such arrangements to the U.S.
    Participating Territories for the purposes of annual reporting to the
    Commission.
        (c) The Western Pacific Regional Fisheries Management Council--
                (1) is authorized to accept and deposit into the Western
            Pacific Sustainable Fisheries Fund funding for arrangements
            pursuant to subsection (b);
                (2) shall use amounts deposited under paragraph (1) that
            are attributable to a particular U.S. Participating Territory
            only for implementation of that Territory's Marine Conservation
            Plan adopted pursuant to section 204 of the Magnuson-Stevens
            Fishery Conservation and Management Act (16 U.S.C. 1824); and
                (3) shall recommend an amendment to the Pelagics Fishery
            Ecosystem Plan for the Western Pacific Region, and associated
            regulations, to implement this section.
        (d) Subsection (b) shall remain in effect until such time as--
                (1) the Western Pacific Regional Fishery Management Council
            recommends an amendment to the Pelagics Fishery Ecosystem Plan
            for the Western Pacific Region, and implementing regulations,
            to the Secretary of Commerce that authorize use, assignment,
            and allocation of catch limits of highly migratory fish stocks,
            or fishing effort limits, established by the Commission and
            applicable to U.S. Participating Territories;
                (2) the Secretary of Commerce approves the amendment; and
                (3) such implementing regulations become effective.
        This title may be cited as the ``Department of Commerce
    Appropriations Act, 2011''.

                                    TITLE II

                             DEPARTMENT OF JUSTICE

                             General Administration

                             salaries and expenses

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

                       national drug intelligence center

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

                     justice information sharing technology

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

                    law enforcement wireless communications

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

                       Administrative Review and Appeals

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

                               Detention Trustee

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

                          Office of Inspector General

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

                        United States Parole Commission

                             salaries and expenses

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

                                Legal Activities

                salaries and expenses, general legal activities

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

                   salaries and expenses, antitrust division

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

                 salaries and expenses, united states attorneys

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

                       united states trustee system fund

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

          salaries and expenses, foreign claims settlement commission

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

                         fees and expenses of witnesses

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

               salaries and expenses, community relations service

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

                             assets forfeiture fund

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

                         United States Marshals Service

                             salaries and expenses

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

                                  construction

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

                           National Security Division

                             salaries and expenses

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

                          Interagency Law Enforcement

                     interagency crime and drug enforcement

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

                        Federal Bureau of Investigation

                             salaries and expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States, $8,089,597,000, of which not to exceed $150,000,000 shall
    remain available until expended: Provided, That not to exceed $153,750
    shall be available for official reception and representation expenses:
    Provided further, That of the amount provided under this heading, not
    less than $42,752,000 is for the investigation of serious crimes in
    Indian Country.

                                  construction

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

                        Drug Enforcement Administration

                             salaries and expenses

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

                                  construction

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

              Bureau of Alcohol, Tobacco, Firearms and Explosives

                             salaries and expenses

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

                             Federal Prison System

                             salaries and expenses

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

                            buildings and facilities

        For planning, acquisition of sites and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $269,733,000, to remain available until expended, of which $75,000,000
    shall be derived from available unobligated balances previously
    appropriated under this heading, and of which not to exceed $14,000,000
    shall be available to construct areas for inmate work programs:
    Provided, That labor of United States prisoners may be used for work
    performed under this appropriation: Provided further, That none of the
    funds provided under this heading in this or any prior Act shall be
    available for the acquisition of any facility that is to be used wholly
    or in part for the incarceration or detention of any individual
    detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009.

                    federal prison industries, incorporated

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

       limitation on administrative expenses, federal prison industries,
                                  incorporated

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

                   State and Local Law Enforcement Activities

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

                         (including transfer of funds)

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

                             salaries and expenses

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

                           Office of Justice Programs

                      research, evaluation and statistics

                         (including transfer of funds)

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

                   state and local law enforcement assistance

                         (including transfer of funds)

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

                           juvenile justice programs

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''); the Violence Against Women and Department
    of Justice Reauthorization Act of 2005 (Public Law 109-162); the
    Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); the
    Prosecutorial Remedies and Other Tools to end the Exploitation of
    Children Today Act of 2003 (Public Law 108-21); the Victims of Child
    Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
    Walsh Child Protection and Safety Act of 2006 (Public Law 109-248); the
    PROTECT Our Children Act of 2008 (Public Law 110-401); and other
    juvenile justice programs, $506,040,000, to remain available until
    expended as follows--
                (1) $72,000,000 for programs authorized by section 221 of
            the 1974 Act, and for training and technical assistance to
            assist small, nonprofit organizations with the Federal grants
            process;
                (2) $73,240,000 for grants and projects, as authorized by
            sections 261 and 262 of the 1974 Act, which shall be used for
            the projects, and in the amounts, as specified in the
            explanatory statement described in section 4 (in the matter
            preceding division A of this consolidated Act);
                (3) $100,000,000 for youth mentoring grants;
                (4) $80,000,000 for delinquency prevention, as authorized
            by section 505 of the 1974 Act, of which, pursuant to sections
            261 and 262 thereof--
                        (A) $40,000,000 shall be for the Tribal Youth
                    Program;
                        (B) $15,000,000 shall be for gang and youth
                    violence education and prevention and related
                    activities; and
                        (C) $25,000,000 shall be for grants of $360,000 to
                    each State and $4,840,000 shall be available for
                    discretionary grants, for programs and activities to
                    enforce State laws prohibiting the sale of alcoholic
                    beverages to minors or the purchase or consumption of
                    alcoholic beverages by minors, for prevention and
                    reduction of consumption of alcoholic beverages by
                    minors, and for technical assistance and training;
                (5) $22,500,000 for programs authorized by the Victims of
            Child Abuse Act of 1990;
                (6) $45,000,000 for the Juvenile Accountability Block
            Grants program as authorized by part R of title I of the 1968
            Act and Guam shall be considered a State;
                (7) $20,000,000 for community-based violence prevention
            initiatives;
                (8) $5,000,000 for a juvenile delinquency court improvement
            program;
                (9) $15,000,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (10) $2,500,000 for child abuse training programs for
            judicial personnel and practitioners, as authorized by section
            222 of the 1990 Act;
                (11) $70,000,000 for missing and exploited children
            programs, including as authorized by sections 404(b) and 405(a)
            of the 1974 Act; and
                (12) $800,000 for a disproportionate minority contact
            evaluation and pilot program:
    Provided, That not more than 10 percent of each amount may be used for
    research, evaluation, and statistics activities designed to benefit the
    programs or activities authorized: Provided further, That not more than
    2 percent of each amount may be used for training and technical
    assistance: Provided further, That the previous two provisos shall not
    apply to grants and projects authorized by sections 261 and 262 of the
    1974 Act, or by sections 217 and 222 of the 1990 Act, or to missing and
    exploited children programs.

                         public safety officer benefits

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

                             salaries and expenses

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

                      Community Oriented Policing Services

                 community oriented policing services programs

                         (including transfers of funds)

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

                             salaries and expenses

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

                   General Provisions--department of Justice

        Sec. 201.  In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of
    not to exceed $56,250 from funds appropriated to the Department of
    Justice in this title shall be available to the Attorney General for
    official reception and representation expenses.
        Sec. 202.  None of the funds appropriated by this title shall be
    available to pay for an abortion, except where the life of the mother
    would be endangered if the fetus were carried to term, or in the case
    of rape: Provided, That should this prohibition be declared
    unconstitutional by a court of competent jurisdiction, this section
    shall be null and void.
        Sec. 203.  None of the funds appropriated under this title shall be
    used to require any person to perform, or facilitate in any way the
    performance of, any abortion.
        Sec. 204.  Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 203 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 205.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Sec. 206.  The Attorney General is authorized to extend through
    September 30, 2012, the Personnel Management Demonstration Project
    transferred to the Attorney General pursuant to section 1115 of the
    Homeland Security Act of 2002, Public Law 107-296 (28 U.S.C. 599B)
    without limitation on the number of employees or the positions covered.
        Sec. 207.  Notwithstanding any other provision of law, Public Law
    102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco,
    Firearms and Explosives in the conduct of undercover investigative
    operations and shall apply without fiscal year limitation with respect
    to any undercover investigative operation by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives that is necessary for the detection
    and prosecution of crimes against the United States.
        Sec. 208.  None of the funds made available to the Department of
    Justice in this Act may be used for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.
        Sec. 209. (a) None of the funds appropriated by this Act may be
    used by Federal prisons to purchase cable television services, to rent
    or purchase videocassettes, videocassette recorders, or other
    audiovisual or electronic equipment used primarily for recreational
    purposes.
        (b) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 210.  None of the funds made available under this title shall
    be obligated or expended for Sentinel, or for any other major new or
    enhanced information technology program having total estimated
    development costs in excess of $100,000,000, unless the Deputy Attorney
    General and the investment review board certify to the Committees on
    Appropriations that the information technology program has appropriate
    program management and contractor oversight mechanisms in place, and
    that the program is compatible with the enterprise architecture of the
    Department of Justice.
        Sec. 211.  The notification thresholds and procedures set forth in
    section 505 of this Act shall apply to deviations from the amounts
    designated for specific activities in this Act and accompanying
    statement, and to any reobligation, for any purpose other than that of
    the program for which the prior obligation was made, of deobligated
    balances of funds provided under this title in previous years.
        Sec. 212.  None of the funds appropriated by this Act may be used
    to plan for, begin, continue, finish, process, or approve a public-
    private competition under the Office of Management and Budget Circular
    A-76 or any successor administrative regulation, directive, or policy
    for work performed by employees of the Bureau of Prisons or of Federal
    Prison Industries, Incorporated.
        Sec. 213.  Notwithstanding any other provision of law, no funds
    shall be available for the salary, benefits, or expenses of any United
    States Attorney assigned dual or additional responsibilities by the
    Attorney General or his designee that exempt that United States
    Attorney from the residency requirements of 28 U.S.C. 545.
        Sec. 214.  At the discretion of the Attorney General, and in
    addition to any amounts that otherwise may be available (or authorized
    to be made available) by law, with respect to funds appropriated by
    this Act under the headings for ``Research, Evaluation and
    Statistics'',  ``State and Local Law Enforcement Assistance'' (other
    than funds specifically appropriated for discretionary grants to
    improve the functioning of the criminal justice system, to prevent or
    combat juvenile delinquency, and to assist victims of crime), and
    ``Juvenile Justice Programs'' (other than funds specifically
    appropriated for grants and projects, as authorized by sections 261 and
    262 of the Juvenile Justice and Delinquency Prevention Act of 1974)--
                (1) Up to 3 percent of funds made available for grant or
            reimbursement programs may be used to provide training and
            technical assistance; and
                (2) Notwithstanding section 205 of this Act, up to 3
            percent of funds made available for grant or reimbursement
            programs under such headings, except for amounts appropriated
            specifically for research, evaluation, or statistical programs
            administered by the National Institute of Justice and the
            Bureau of Justice Statistics, may be transferred to and merged
            with funds provided to the National Institute of Justice and
            the Bureau of Justice Statistics, to be used by them for
            research, evaluation, or statistical purposes, without regard
            to the authorizations for such grant or reimbursement programs.
        Sec. 215.  The Attorney General may, upon request by a grantee and
    based upon a determination of fiscal hardship, waive the requirements
    of paragraph (1) of section 2976(g) and the requirements of paragraphs
    (1) and (2) of section 2978(e), and the requirements of section 2904 of
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
    U.S.C. 3797w(g)(1) and 42 U.S.C. 3797w-2(e)(1) and 42 U.S.C. 3797w-
    2(e)(2) and 42 U.S.C. 3797q-3) with respect to funds appropriated in
    this or any other Act making appropriations for fiscal years 2010 and
    2011 for Adult and Juvenile Offender State and Local Reentry
    Demonstration Projects, State, Tribal and Local Reentry Courts, and the
    Prosecution Drug Treatment Alternatives to Prison Program authorized
    under parts CC and FF of such title of such Act of 1968.
        Sec. 216.  Section 530A of title 28, United States Code, is hereby
    amended by replacing ``appropriated'' with ``used from
    appropriations'', and by inserting ``(2),'' before ``(3)''.
        This title may be cited as the ``Department of Justice
    Appropriations Act, 2011''.

                                   TITLE III

                                    SCIENCE

                    Office of Science and Technology Policy

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

                 National Aeronautics and Space Administration

                                    science

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

                                  aeronautics

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

                         space research and technology

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

                                  exploration

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

                                space operations

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

                                   education

        For necessary expenses, not otherwise provided for, in carrying out
    aerospace and aeronautical education research and development
    activities, including research, development, operations, support, and
    services; program management; personnel and related costs, uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; and purchase,
    lease, charter, maintenance, and operation of mission and
    administrative aircraft, $180,000,000, to remain available until
    September 30, 2012: Provided, That within the amounts appropriated,
    $44,800,000 shall be for space grant activities: Provided further, That
    of the funds provided for space grant activities, none shall be
    available for National Aeronautics and Space Administration
    administrative costs: Provided further, That 42 U.S.C. 2467a is amended
    by adding at the end thereof:
        ``(d) Availability of Funds.--The interest accruing from the
    National Aeronautics and Space Administration Endeavor Teacher
    Fellowship Trust Fund principal shall be available in fiscal year 2011
    for science, technology, engineering and math teacher development.''.

                              cross agency support

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

           construction and environmental compliance and restoration

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

                          office of inspector general

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

                           administrative provisions

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

                          National Science Foundation

                        research and related activities

                         (including transfer of funds)

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

              major research equipment and facilities construction

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

                         education and human resources

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

                     agency operations and award management

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

                      office of the national science board

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of
    1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880
    et seq.), $4,840,000: Provided, That not to exceed $2,100 shall be
    available for official reception and representation expenses.

                          office of inspector general

        For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, as amended,
    $14,700,000.
        This title may be cited as the ``Science Appropriations Act,
    2011''.

                                    TITLE IV

                                RELATED AGENCIES

                           Commission on Civil Rights

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Commission on Civil Rights, including
    hire of passenger motor vehicles, $9,400,000: Provided, That none of
    the funds appropriated in this paragraph shall be used to employ in
    excess of four full-time individuals under Schedule C of the Excepted
    Service exclusive of one special assistant for each Commissioner:
    Provided further, That none of the funds appropriated in this paragraph
    shall be used to reimburse Commissioners for more than 75 billable
    days, with the exception of the chairperson, who is permitted 125
    billable days: Provided further, That none of the funds appropriated in
    this paragraph shall be used for any activity or expense that is not
    explicitly authorized by 42 U.S.C. 1975a: Provided further, That there
    shall be an Inspector General at the Commission on Civil Rights who
    shall have the duties, responsibilities, and authorities specified in
    the Inspector General Act of 1978, as amended: Provided further, That
    an individual appointed to the position of Inspector General of the
    Equal Employment Opportunity Commission (EEOC) shall, by virtue of such
    appointment, also hold the position of Inspector General of the
    Commission on Civil Rights: Provided further, That the Inspector
    General of the Commission on Civil Rights shall utilize personnel of
    the Office of Inspector General of EEOC in performing the duties of the
    Inspector General of the Commission on Civil Rights, and shall not
    appoint any individuals to positions within the Commission on Civil
    Rights: Provided further, That of the amounts made available in this
    paragraph, $900,000 shall be transferred directly to the Office of
    Inspector General of EEOC upon enactment of this Act for salaries and
    expenses necessary to carry out the duties of the Inspector General of
    the Commission on Civil Rights.

                    Equal Employment Opportunity Commission

                             salaries and expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
    of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
    (Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
    325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
    including services as authorized by 5 U.S.C. 3109; hire of passenger
    motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards
    to private citizens, $355,303,000: Provided, That the Commission is
    authorized to make available for official reception and representation
    expenses not to exceed $1,875 from available funds: Provided further,
    That the Commission may take no action to implement any workforce
    repositioning, restructuring, or reorganization until such time as the
    Committees on Appropriations have been notified of such proposals, in
    accordance with the reprogramming requirements of section 505 of this
    Act: Provided further, That the Chair is authorized to accept and use
    any gift or donation to carry out the work of the Commission.

                           state and local assistance

        For payments to State and local enforcement agencies for authorized
    services to the Commission, $30,000,000.

                         International Trade Commission

                             salaries and expenses

        For necessary expenses of the International Trade Commission,
    including hire of passenger motor vehicles, and services as authorized
    by 5 U.S.C. 3109, and not to exceed $1,875 for official reception and
    representation expenses, $87,000,000, to remain available until
    expended.

                           Legal Services Corporation

                   payment to the legal services corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974, $440,000,000,
    of which $410,650,000 is for basic field programs and required
    independent audits; $4,350,000 is for the Office of Inspector General,
    of which such amounts as may be necessary may be used to conduct
    additional audits of recipients; $20,000,000 is for management and
    grants oversight; $4,000,000 is for client self-help and information
    technology; and $1,000,000 is for loan repayment assistance: Provided,
    That the Legal Services Corporation may continue to provide locality
    pay to officers and employees at a rate no greater than that provided
    by the Federal Government to Washington, DC-based employees as
    authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the
    Legal Services Corporation Act, 42 U.S.C. 2996(d): Provided further,
    That the authorities provided in section 205 of this Act shall be
    applicable to the Legal Services Corporation.

              administrative provision--legal services corporation

        None of the funds appropriated in this Act to the Legal Services
    Corporation shall be expended for any purpose prohibited or limited by,
    or contrary to any of the provisions of, sections 501, 502, 503, 504,
    505, and 506 of Public Law 105-119, and all funds appropriated in this
    Act to the Legal Services Corporation shall be subject to the same
    terms and conditions set forth in such sections, except that all
    references in sections 502 and 503 to 1997 and 1998 shall be deemed to
    refer instead to 2010 and 2011, respectively.

                            Marine Mammal Commission

                             salaries and expenses

        For necessary expenses of the Marine Mammal Commission as
    authorized by title II of Public Law 92-522, $3,500,000.

                Office of the United States Trade Representative

                             salaries and expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by 5 U.S.C. 3109,
    $48,000,000, of which $1,000,000 shall remain available until expended:
    Provided, That not to exceed $93,000 shall be available for official
    reception and representation expenses: Provided further, That
    negotiations shall be conducted within the World Trade Organization to
    recognize the right of members to distribute monies collected from
    antidumping and countervailing duties: Provided further, That
    negotiations shall be conducted within the World Trade Organization
    consistent with the negotiating objectives contained in the Trade Act
    of 2002, Public Law 107-210.

                            State Justice Institute

                             salaries and expenses

        For necessary expenses of the State Justice Institute, as
    authorized by the State Justice Institute Authorization Act of 1984 (42
    U.S.C. 10701 et seq.) $6,273,000, of which $500,000 shall remain
    available until September 30, 2012: Provided, That not to exceed $1,875
    shall be available for official reception and representation expenses.

     Commission on Wartime Relocation and Internment of Latin Americans of
                                Japanese Descent

                             salaries and expenses

        For necessary expenses to carry out the activities of the
    Commission on Wartime Relocation and Internment of Latin Americans of
    Japanese Descent, as authorized by section 539 of this Act, $1,700,000.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 504.  If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons
    or circumstances other than those as to which it is held invalid shall
    not be affected thereby.
        Sec. 505. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2011, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through the reprogramming of funds that--
                (1) creates or initiates a new program, project or
            activity;
                (2) eliminates a program, project or activity, unless the
            House and Senate Committees on Appropriations are notified 15
            days in advance of such reprogramming of funds;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted by this Act, unless the House and Senate Committees
            on Appropriations are notified 15 days in advance of such
            reprogramming of funds;
                (4) relocates an office or employees, unless the House and
            Senate Committees on Appropriations are notified 15 days in
            advance of such reprogramming of funds;
                (5) reorganizes or renames offices, programs or activities,
            unless the House and Senate Committees on Appropriations are
            notified 15 days in advance of such reprogramming of funds;
                (6) contracts out or privatizes any functions or activities
            presently performed by Federal employees, unless the House and
            Senate Committees on Appropriations are notified 15 days in
            advance of such reprogramming of funds;
                (7) proposes to use funds directed for a specific activity
            by either the House or Senate Committee on Appropriations for a
            different purpose, unless the House and Senate Committees on
            Appropriations are notified 15 days in advance of such
            reprogramming of funds;
                (8) augments funds for existing programs, projects or
            activities in excess of $500,000 or 10 percent, whichever is
            less, or reduces by 10 percent funding for any program, project
            or activity, or numbers of personnel by 10 percent as approved
            by Congress, unless the House and Senate Committees on
            Appropriations are notified 15 days in advance of such
            reprogramming of funds; or
                (9) results from any general savings, including savings
            from a reduction in personnel, which would result in a change
            in existing programs, projects or activities as approved by
            Congress, unless the House and Senate Committees on
            Appropriations are notified 15 days in advance of such
            reprogramming of funds.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2011, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure, through the
    reprogramming of funds after August 1, except in extraordinary
    circumstances, and only after the House and Senate Committees on
    Appropriations are notified 30 days in advance of such reprogramming of
    funds.
        Sec. 506.  Hereafter, none of the funds made available in this or
    any other Act may be used to implement, administer, or enforce any
    guidelines of the Equal Employment Opportunity Commission covering
    harassment based on religion, when it is made known to the Federal
    entity or official to which such funds are made available that such
    guidelines do not differ in any respect from the proposed guidelines
    published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
        Sec. 507.  If it has been finally determined by a court or Federal
    agency that any person intentionally affixed a label bearing a ``Made
    in America'' inscription, or any inscription with the same meaning, to
    any product sold in or shipped to the United States that is not made in
    the United States, the person shall be ineligible to receive any
    contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        Sec. 508.  The Departments of Commerce and Justice, the National
    Science Foundation, and the National Aeronautics and Space
    Administration, shall provide to the House and Senate Committees on
    Appropriations a quarterly accounting of the cumulative balances of any
    unobligated funds that were received by such agency during any previous
    fiscal year.
        Sec. 509.  Any costs incurred by a department or agency funded
    under this Act resulting from, or to prevent, personnel actions taken
    in response to funding reductions included in this Act shall be
    absorbed within the total budgetary resources available to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 505 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 510.  None of the funds provided by this Act shall be
    available to promote the sale or export of tobacco or tobacco products,
    or to seek the reduction or removal by any foreign country of
    restrictions on the marketing of tobacco or tobacco products, except
    for restrictions which are not applied equally to all tobacco or
    tobacco products of the same type.
        Sec. 511.  None of the funds appropriated pursuant to this Act or
    any other provision of law may be used for--
                (1) the implementation of any tax or fee in connection with
            the implementation of subsection 922(t) of title 18, United
            States Code; and
                (2) any system to implement subsection 922(t) of title 18,
            United States Code, that does not require and result in the
            destruction of any identifying information submitted by or on
            behalf of any person who has been determined not to be
            prohibited from possessing or receiving a firearm no more than
            24 hours after the system advises a Federal firearms licensee
            that possession or receipt of a firearm by the prospective
            transferee would not violate subsection (g) or (n) of section
            922 of title 18, United States Code, or State law.
        Sec. 512.  Notwithstanding any other provision of law, amounts
    deposited or available in the Fund established under section 1402 of
    the Victims of Crime Act of 1984 (42 U.S.C. 10601) in any fiscal year
    in excess of $820,000,000 shall not be available for obligation until
    the following fiscal year.
        Sec. 513.  None of the funds made available to the Department of
    Justice in this Act may be used to discriminate against or denigrate
    the religious or moral beliefs of students who participate in programs
    for which financial assistance is provided from those funds, or of the
    parents or legal guardians of such students.
        Sec. 514.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 515.  Any funds provided in this Act used to implement E-
    Government Initiatives shall be subject to the procedures set forth in
    section 505 of this Act.
        Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives are released without adequate
    disclaimers regarding the limitations of the data.
        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
                (1) Firearm traces are designed to assist law enforcement
            authorities in conducting investigations by tracking the sale
            and possession of specific firearms. Law enforcement agencies
            may request firearms traces for any reason, and those reasons
            are not necessarily reported to the Federal Government. Not all
            firearms used in crime are traced and not all firearms traced
            are used in crime.
                (2) Firearms selected for tracing are not chosen for
            purposes of determining which types, makes, or models of
            firearms are used for illicit purposes. The firearms selected
            do not constitute a random sample and should not be considered
            representative of the larger universe of all firearms used by
            criminals, or any subset of that universe. Firearms are
            normally traced to the first retail seller, and sources
            reported for firearms traced do not necessarily represent the
            sources or methods by which firearms in general are acquired
            for use in crime.
        Sec. 517. (a) The Inspectors General of the Department of Commerce,
    the Department of Justice, the National Aeronautics and Space
    Administration, the National Science Foundation, and the Legal Services
    Corporation shall conduct audits, pursuant to the Inspector General Act
    (5 U.S.C. App.), of grants or contracts for which funds are
    appropriated by this Act, and shall submit reports to Congress on the
    progress of such audits, which may include preliminary findings and a
    description of areas of particular interest, within 180 days after
    initiating such an audit and every 180 days thereafter until any such
    audit is completed.
        (b) Within 60 days after the date on which an audit described in
    subsection (a) by an Inspector General is completed, the Secretary,
    Attorney General, Administrator, Director, or President, as
    appropriate, shall make the results of the audit available to the
    public on the Internet Web site maintained by the Department,
    Administration, Foundation, or Corporation, respectively. The results
    shall be made available in redacted form to exclude--
                (1) any matter described in section 552(b) of title 5,
            United States Code; and
                (2) sensitive personal information for any individual, the
            public access to which could be used to commit identity theft
            or for other inappropriate or unlawful purposes.
        (c) A grant or contract funded by amounts appropriated by this Act
    may not be used for the purpose of defraying the costs of a banquet or
    conference that is not directly and programmatically related to the
    purpose for which the grant or contract was awarded, such as a banquet
    or conference held in connection with planning, training, assessment,
    review, or other routine purposes related to a project funded by the
    grant or contract.
        (d) Any person awarded a grant or contract funded by amounts
    appropriated by this Act shall submit a statement to the Secretary of
    Commerce, the Attorney General, the Administrator, Director, or
    President, as appropriate, certifying that no funds derived from the
    grant or contract will be made available through a subcontract or in
    any other manner to another person who has a financial interest in the
    person awarded the grant or contract.
        (e) The provisions of the preceding subsections of this section
    shall take effect 30 days after the date on which the Director of the
    Office of Management and Budget, in consultation with the Director of
    the Office of Government Ethics, determines that a uniform set of rules
    and requirements, substantially similar to the requirements in such
    subsections, consistently apply under the executive branch ethics
    program to all Federal departments, agencies, and entities.
        Sec. 518.  None of the funds appropriated or otherwise made
    available under this Act may be used to issue patents on claims
    directed to or encompassing a human organism.
        Sec. 519.  None of the funds made available in this Act shall be
    used in any way whatsoever to support or justify the use of torture by
    any official or contract employee of the United States Government.
        Sec. 520. (a) Notwithstanding any other provision of law or treaty,
    none of the funds appropriated or otherwise made available under this
    Act or any other Act may be expended or obligated by a department,
    agency, or instrumentality of the United States to pay administrative
    expenses or to compensate an officer or employee of the United States
    in connection with requiring an export license for the export to Canada
    of components, parts, accessories or attachments for firearms listed in
    Category I, section 121.1 of title 22, Code of Federal Regulations
    (International Trafficking in Arms Regulations (ITAR), part 121, as it
    existed on April 1, 2005) with a total value not exceeding $500
    wholesale in any transaction, provided that the conditions of
    subsection (b) of this section are met by the exporting party for such
    articles.
        (b) The foregoing exemption from obtaining an export license--
                (1) does not exempt an exporter from filing any Shipper's
            Export Declaration or notification letter required by law, or
            from being otherwise eligible under the laws of the United
            States to possess, ship, transport, or export the articles
            enumerated in subsection (a); and
                (2) does not permit the export without a license of--
                        (A) fully automatic firearms and components and
                    parts for such firearms, other than for end use by the
                    Federal Government, or a Provincial or Municipal
                    Government of Canada;
                        (B) barrels, cylinders, receivers (frames) or
                    complete breech mechanisms for any firearm listed in
                    Category I, other than for end use by the Federal
                    Government, or a Provincial or Municipal Government of
                    Canada; or
                        (C) articles for export from Canada to another
                    foreign destination.
        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in
    the United States or return to Canada for a Canadian citizen.
        (d) The President may require export licenses under this section on
    a temporary basis if the President determines, upon publication first
    in the Federal Register, that the Government of Canada has implemented
    or maintained inadequate import controls for the articles specified in
    subsection (a), such that a significant diversion of such articles has
    and continues to take place for use in international terrorism or in
    the escalation of a conflict in another nation. The President shall
    terminate the requirements of a license when reasons for the temporary
    requirements have ceased.
        Sec. 521.  Notwithstanding any other provision of law, no
    department, agency, or instrumentality of the United States receiving
    appropriated funds under this Act or any other Act shall obligate or
    expend in any way such funds to pay administrative expenses or the
    compensation of any officer or employee of the United States to deny
    any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
    qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
    import United States origin ``curios or relics'' firearms, parts, or
    ammunition.
        Sec. 522.  None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the
    text of--
                (1) paragraph 2 of article 16.7 of the United States-
            Singapore Free Trade Agreement;
                (2) paragraph 4 of article 17.9 of the United States-
            Australia Free Trade Agreement; or
                (3) paragraph 4 of article 15.9 of the United States-
            Morocco Free Trade Agreement.
        Sec. 523.  None of the funds made available in this Act may be used
    to authorize or issue a national security letter in contravention of
    any of the following laws authorizing the Federal Bureau of
    Investigation to issue national security letters: The Right to
    Financial Privacy Act; The Electronic Communications Privacy Act; The
    Fair Credit Reporting Act; The National Security Act of 1947; USA
    PATRIOT Act; and the laws amended by these Acts.
        Sec. 524.  If at any time during any quarter, the program manager
    of a project within the jurisdiction of the Departments of Commerce or
    Justice, the National Aeronautics and Space Administration, or the
    National Science Foundation totaling more than $75,000,000 has
    reasonable cause to believe that the total program cost has increased
    by 10 percent, the program manager shall immediately inform the
    Secretary, Administrator, or Director. The Secretary, Administrator, or
    Director shall notify the House and Senate Committees on Appropriations
    within 30 days in writing of such increase, and shall include in such
    notice: the date on which such determination was made; a statement of
    the reasons for such increases; the action taken and proposed to be
    taken to control future cost growth of the project; changes made in the
    performance or schedule milestones and the degree to which such changes
    have contributed to the increase in total program costs or procurement
    costs; new estimates of the total project or procurement costs; and a
    statement validating that the project's management structure is
    adequate to control total project or procurement costs.
        Sec. 525.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence or intelligence related
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2011 until the enactment of the Intelligence
    Authorization Act for fiscal year 2011.
        Sec. 526.  The Departments, agencies, and commissions funded under
    this Act, shall establish and maintain on the homepages of their
    Internet Web sites--
                (1) direct links to the Internet Web sites of their Offices
            of Inspectors General; and
                (2) mechanisms on the Offices of Inspectors General Web
            sites by which individuals may anonymously report cases of
            waste, fraud, or abuse with respect to those Departments,
            agencies, and commissions.
        Sec. 527.  None of the funds appropriated or otherwise made
    available by this Act may be used to enter into a contract in an amount
    greater than $5,000,000 or to award a grant in excess of such amount
    unless the prospective contractor or grantee certifies in writing to
    the agency awarding the contract or grant that, to the best of its
    knowledge and belief, the contractor or grantee has filed all Federal
    tax returns required during the three years preceding the
    certification, has not been convicted of a criminal offense under the
    Internal Revenue Code of 1986, and has not, more than 90 days prior to
    certification, been notified of any unpaid Federal tax assessment for
    which the liability remains unsatisfied, unless the assessment is the
    subject of an installment agreement or offer in compromise that has
    been approved by the Internal Revenue Service and is not in default, or
    the assessment is the subject of a non-frivolous administrative or
    judicial proceeding.
        Sec. 528.  None of the funds appropriated or otherwise made
    available in this Act may be used in a manner that is inconsistent with
    the principal negotiating objective of the United States with respect
    to trade remedy laws to preserve the ability of the United States--
                (1) to enforce vigorously its trade laws, including
            antidumping, countervailing duty, and safeguard laws;
                (2) to avoid agreements that--
                        (A) lessen the effectiveness of domestic and
                    international disciplines on unfair trade, especially
                    dumping and subsidies; or
                        (B) lessen the effectiveness of domestic and
                    international safeguard provisions, in order to ensure
                    that United States workers, agricultural producers, and
                    firms can compete fully on fair terms and enjoy the
                    benefits of reciprocal trade concessions; and
                (3) to address and remedy market distortions that lead to
            dumping and subsidization, including overcapacity,
            cartelization, and market access barriers.
        Sec. 529.  Section 504(a) of the Departments of Commerce, Justice,
    and State, the Judiciary, and Related Agencies Appropriations Act, 1996
    (as contained in Public Law 104-134) is amended by striking paragraph
    (7).

                                 (rescissions)

        Sec. 530. (a) Of the unobligated balances available to the Foreign
    Fishing Observer Fund, $350,000 are hereby rescinded;
        (b) Of the unobligated balances available to the Department of
    Justice from prior appropriations, the following funds are hereby
    rescinded, not later than September 30, 2011, from the following
    accounts in the specified amounts--
                (1) ``Legal Activities, Assets Forfeiture Fund'',
            $850,000,000;
                (2) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
            Violent Crime Reduction Program'', $1,028,000;
                (3) ``Office of Justice Programs'', $42,000,000;
                (4) ``Community Oriented Policing Services'', $10,200,000;
                (5) ``Working Capital Fund'', $20,000,000;
                (6) ``Federal Bureau of Investigation, Salaries and
            Expenses'', $57,000,000; and
                (7) ``Detention Trustee'', $6,000,000.
        (c) Of the unobligated balances available to the National
    Aeronautics and Space Administration from prior year appropriations
    under the heading ``Exploration'', $14,000,000 are hereby rescinded.
        (d) Of the unobligated balances available to the Bureau of the
    Census from prior year appropriations, $1,740,000,000 under the heading
    ``Periodic Censuses and Programs'' are hereby rescinded.
        (e) Within 30 days of enactment of this Act, the Department of
    Justice, the National Aeronautics and Space Administration, and the
    Department of Commerce shall submit to the Committees on Appropriations
    of the House and Senate a report specifying the amount of each
    rescission made pursuant to this section.
        (f) The rescissions contained in this section shall not apply to
    funds provided in this Act.
        Sec. 531.  None of the funds made available in this Act may be used
    to purchase first class or premium airline travel in contravention of
    sections 301-10.122 through 301-10.124 of title 41 of the Code of
    Federal Regulations.
        Sec. 532.  None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees
    from a Federal department or agency at any single conference occurring
    outside the United States. This provision shall not apply to law
    enforcement training and/or operational conferences for law enforcement
    personnel when the majority of Federal employees in attendance are law
    enforcement personnel stationed outside the United States.
        Sec. 533.  None of the funds made available under this Act may be
    distributed to the Association of Community Organizations for Reform
    Now (ACORN) or its subsidiaries.
        Sec. 534.  To the extent practicable, funds made available in this
    Act should be used to purchase light bulbs that are ``Energy Star''
    qualified or have the ``Federal Energy Management Program''
    designation.
        Sec. 535.  None of the funds made available in this Act may be used
    to relocate the Bureau of the Census or employees from the Department
    of Commerce to the jurisdiction of the Executive Office of the
    President.
        Sec. 536. (a) The head of any department, agency, board or
    commission funded by this Act shall submit quarterly reports to the
    Inspector General for any entity without an inspector general or the
    senior ethics official of the appropriate department, agency, board or
    commission regarding the costs and contracting procedures relating to
    each conference held by the department, agency, board or commission
    during fiscal year 2011 for which the cost to the Government was more
    than $20,000.
        (b) Each report submitted under subsection (a) shall include, for
    each conference described in that subsection held during the applicable
    quarter--
                (1) a description of the subject of and number of
            participants attending that conference;
                (2) a detailed statement of the costs to the Government
            relating to that conference, including--
                        (A) the cost of any food or beverages;
                        (B) the cost of any audio-visual services; and
                        (C) a discussion of the methodology used to
                    determine which costs relate to that conference; and
                (3) a description of the contracting procedures relating to
            that conference, including--
                        (A) whether contracts were awarded on a competitive
                    basis for that conference; and
                        (B) a discussion of any cost comparison conducted
                    by the department, agency, board or commission in
                    evaluating potential contractors for that conference.
        Sec. 537.  The Departments of Commerce and Justice, the National
    Aeronautics and Space Administration, and the National Science
    Foundation shall provide to the House and Senate Committees on
    Appropriations an annual report, by September 30, 2011, and annually
    thereafter, on the progress toward achieving the sustainability goals
    and targets described in Executive Order 13514.
        Sec. 538. (a) Of the amounts appropriated for grants and projects,
    as authorized by sections 261 and 262 of the Juvenile Justice and
    Delinquency Prevention Act of 1974, under the heading ``Juvenile
    Justice Programs'' under the major heading ``Office of Justice
    Programs'' under the overarching heading ``State and Local Law
    Enforcement Activities'' under division B, title II of the Omnibus
    Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 581), the amounts
    to be made available to Youth Alive, Inc. in Louisville, Kentucky, for
    At-Risk Youths Crime Prevention pursuant to the joint statement of
    managers accompanying that Act shall be made available to the St.
    Stephen Family Life Center in Louisville, Kentucky, for a youth
    mentoring program.
        (b) Of the amounts appropriated for discretionary grants to improve
    the functioning of the criminal justice system, to prevent or combat
    juvenile delinquency, and to assist victims of crime (other than
    compensation), under the heading ``State and Local Law Enforcement
    Assistance'' under the major heading ``Office of Justice Programs''
    under the overarching heading ``State and Local Law Enforcement
    Activities'' under division B, title II of the Consolidated
    Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3133), the
    amounts to be made available to the Texas Engineering Extension Service
    in San Marcos, Texas, for the ALERRT program pursuant to the joint
    statement of managers accompanying that Act shall be made available to
    Texas State University in San Marcos, Texas, for the same purpose.
        (c) Of the amounts appropriated for a law enforcement technologies
    and interoperable communications program under the heading ``Community
    Oriented Policing Services'' under the overarching heading ``State and
    Local Law Enforcement Activities'' under division B, title II of the
    Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
    3137), the amounts to be made available to the Elgin Police Department
    in Elgin, Illinois, for Police Car Video Recording Replacement pursuant
    to the joint statement of managers accompanying that Act shall be made
    available to the same entity, for law enforcement technology.
        (d) Of the amounts appropriated for a law enforcement technologies
    and interoperable communications program under the heading ``Community
    Oriented Policing Services''under the overarching heading ``State and
    Local Law Enforcement Activities'' under division B, title II of the
    Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 583), the
    amounts to be made available to the City of Monroe, North Carolina, for
    an In-Car Camera Project pursuant to the joint statement of managers
    accompanying that Act shall be made available to the same entity, for
    an interoperable radio project.
        (e) Of the amounts appropriated for a law enforcement technologies
    and interoperable communications program under the major heading
    ``Community Oriented Policing Services'' under the overarching heading
    ``State and Local Law Enforcement Activities'' under division B, title
    II of the Consolidated Appropriations Act, 2010 (Public Law 111-117;
    123 Stat. 3137), the amounts to be made available to the Beaver County
    Sheriff in Beaver, Pennsylvania, for Law Enforcement Technology and
    Equipment pursuant to the joint statement of managers accompanying that
    Act shall be transferred to the appropriation for discretionary grants
    to improve the functioning of the criminal justice system, to prevent
    or combat juvenile delinquency, and to assist victims of crime (other
    than compensation) under the heading ``State and Local Law Enforcement
    Assistance'', under the major heading ``Office of Justice Programs''
    under the same overarching heading, for the same entity, for the same
    purpose.
        (f) Of the amounts appropriated for a law enforcement technologies
    and interoperable communications program under the major heading
    ``Community Oriented Policing Services'' under the overarching heading
    ``State and Local Law Enforcement Activities'' under division B, title
    II of the Consolidated Appropriations Act, 2010 (Public Law 111-117;
    123 Stat. 3137), the amounts to be made available to the Lawrence
    County Sheriff in New Castle, Pennsylvania, for Law Enforcement
    Technology and Equipment pursuant to the joint statement of managers
    accompanying that Act shall be transferred to the appropriation for
    discretionary grants to improve the functioning of the criminal justice
    system, to prevent or combat juvenile delinquency, and to assist
    victims of crime (other than compensation) under the heading ``State
    and Local Law Enforcement Assistance'', under the major heading
    ``Office of Justice Programs'' under the same overarching heading, for
    the same entity, for the same purpose.
        (g) Of the amounts appropriated for a law enforcement technologies
    and interoperable communications program under the heading ``Community
    Oriented Policing Services'' under the overarching heading ``State and
    Local Law Enforcement Activities'' under division B, title II of the
    Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 583), the
    amounts to be made available to the City of Green Bay, Wisconsin, for a
    Police Department Drying Room pursuant to the joint statement of
    managers accompanying that Act shall be made available to the same
    entity, for forensics equipment.
        (h) Of the amounts appropriated for discretionary grants to improve
    the functioning of the criminal justice system, to prevent or combat
    juvenile delinquency, and to assist victims of crime (other than
    compensation), under the heading ``State and Local Law Enforcement
    Assistance'', under the major heading ``Office of Justice Programs'',
    under the overarching heading ``State and Local Law Enforcement
    Activities'', under division B, title II of the Consolidated
    Appropriations Act, 2010 (Public Law 111-117, 123 Stat. 3133), the
    amounts to be made available to the Montana Sheriffs and Peace Officers
    Association in Helena, Montana, for the Montana Offender Notification
    and Tracking System--Juvenile Justice System (MONTS-JJS), pursuant to
    the joint explanatory statement of the Committee of Conference
    accompanying that Act, shall be made available, instead, for adult
    initiatives.
        (i) Of the amounts appropriated for grants and projects, as
    authorized by sections 261 and 262 of the Juvenile Justice and
    Delinquency Prevention Act of 1974, under the heading ``Juvenile
    Justice Programs'', under the major heading ``Office of Justice
    Programs'', under the overarching heading ``State and Local Law
    Enforcement Activities'', under division B, title II of the Omnibus
    Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 581), the amounts
    to be made available to the Self-Reliance Foundation in Washington, DC,
    for a Latino Youth Gang Prevention Project pursuant to the joint
    statement of managers accompanying that Act shall be made available to
    Identity, Inc. in Gaithersburg, Maryland, for the same purpose.
        (j) Of the amounts appropriated for a law enforcement technologies
    and interoperable communications program under the heading ``Community
    Oriented Policing Services'', under the overarching heading ``State and
    Local Law Enforcement Activities'', under division B, title II of the
    Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
    3137), the amounts to be made available to the Webb County Sheriff in
    Laredo, Texas, for a South Texas Forensics Laboratory pursuant to the
    joint statement of managers accompanying that Act shall be made
    available to the same entity, for South Texas emergency operations
    equipment.
        (k) Of the amounts appropriated for grants and projects, as
    authorized by sections 261 and 262 of the Juvenile Justice and
    Delinquency Prevention Act of 1974, under the heading ``Juvenile
    Justice Programs'', under the major heading ``Office of Justice
    Programs'', under the overarching heading ``State and Local Law
    Enforcement Activities'', under division B, title II of the Omnibus
    Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 581), the amounts
    to be made available to the Self-Reliance Foundation in Washington, DC,
    for a Wake County Gang Prevention Partnership Spanish Language Anti-
    Gang Campaign pursuant to the joint statement of managers accompanying
    that Act shall be made available to the Department of 4-H Youth
    Development and Family & Consumer Sciences at North Carolina State
    University in Raleigh, North Carolina, for the same purpose.
        (l) Of the amounts appropriated for discretionary grants to improve
    the functioning of the criminal justice system, to prevent or combat
    juvenile delinquency, and to assist victims of crime (other than
    compensation), under the heading ``State and Local Law Enforcement
    Assistance'' under the major heading ``Office of Justice Programs''
    under the overarching heading ``State and Local Law Enforcement
    Activities'', under division B, title II of the Omnibus Appropriations
    Act, 2009 (Public Law 111-8; 123 Stat. 579), the amounts to be made
    available to the Louisiana District Attorney's Association in Baton
    Rouge, Louisiana, to support an early intervention program for at-risk
    elementary students, pursuant to the joint statement of managers
    accompanying that Act, shall be made available to the University of
    Louisiana-Lafayette in Lafayette, Louisiana, for the same purpose.
        (m) Of the amounts appropriated for discretionary grants to improve
    the functioning of the criminal justice system, to prevent or combat
    juvenile delinquency, and to assist victims of crime (other than
    compensation), under the heading ``State and Local Law Enforcement
    Assistance'' under the major heading ``Office of Justice Programs'',
    under the overarching heading ``State and Local Law Enforcement
    Activities'', under division B, title II of the Omnibus Appropriations
    Act, 2009 (Public Law 111-8; 123 Stat. 579), the amounts to be made
    available to the City of Las Vegas, Nevada, for copper wire theft
    prevention efforts, pursuant to the joint statement of managers
    accompanying that Act, shall be made available to the City of Las Vegas
    for the Shared Computer Operation for Protection and Enforcement
    (SCOPE), Las Vegas, Nevada.

     commission on wartime relocation and internment of latin americans of
                                japanese descent

        Sec. 539. (a) Findings.--Based on a preliminary study published in
    December 1982 by the Commission on Wartime Relocation and Internment of
    Civilians, Congress finds the following:
                (1) During World War II, the United States--
                        (A) expanded its internment program and national
                    security investigations to conduct the program and
                    investigations in Latin America; and
                        (B) financed relocation to the United States, and
                    internment, of approximately 2,300 Latin Americans of
                    Japanese descent, for the purpose of exchanging the
                    Latin Americans of Japanese descent for United States
                    citizens held by Axis countries.
                (2) Approximately 2,300 men, women, and children of
            Japanese descent from 13 Latin American countries were held in
            the custody of the Department of State in internment camps
            operated by the Immigration and Naturalization Service from
            1941 through 1948.
                (3) Those men, women, and children either--
                        (A) were arrested without a warrant, hearing, or
                    indictment by local police, and sent to the United
                    States for internment; or
                        (B) in some cases involving women and children,
                    voluntarily entered internment camps to remain with
                    their arrested husbands, fathers, and other male
                    relatives.
                (4) Passports held by individuals who were Latin Americans
            of Japanese descent were routinely confiscated before the
            individuals arrived in the United States, and the Department of
            State ordered United States consuls in Latin American countries
            to refuse to issue visas to the individuals prior to departure.
                (5) Despite their involuntary arrival, Latin American
            internees of Japanese descent were considered to be and treated
            as illegal entrants by the Immigration and Naturalization
            Service. Thus, the internees became illegal aliens in United
            States custody who were subject to deportation proceedings for
            immediate removal from the United States. In some cases, Latin
            American internees of Japanese descent were deported to Axis
            countries to enable the United States to conduct prisoner
            exchanges.
                (6) Approximately 2,300 men, women, and children of
            Japanese descent were relocated from their homes in Latin
            America, detained in internment camps in the United States, and
            in some cases, deported to Axis countries to enable the United
            States to conduct prisoner exchanges.
                (7) The Commission on Wartime Relocation and Internment of
            Civilians studied Federal actions conducted pursuant to
            Executive Order 9066 (relating to authorizing the Secretary of
            War to prescribe military areas). Although the United States
            program of interning Latin Americans of Japanese descent was
            not conducted pursuant to Executive Order 9066, an examination
            of that extraordinary program is necessary to establish a
            complete account of Federal actions to detain and intern
            civilians of enemy or foreign nationality, particularly of
            Japanese descent. Although historical documents relating to the
            program exist in distant archives, the Commission on Wartime
            Relocation and Internment of Civilians did not research those
            documents.
                (8) Latin American internees of Japanese descent were a
            group not covered by the Civil Liberties Act of 1988 (50 U.S.C.
            App. 1989b et seq.), which formally apologized and provided
            compensation payments to former Japanese Americans interned
            pursuant to Executive Order 9066.
        (b) Purpose.--The purpose of this section is to establish a fact-
    finding Commission to extend the study of the Commission on Wartime
    Relocation and Internment of Civilians to investigate and determine
    facts and circumstances surrounding the relocation, internment, and
    deportation to Axis countries of Latin Americans of Japanese descent
    from December 1941 through February 1948, and the impact of those
    actions by the United States, and to recommend appropriate remedies, if
    any, based on preliminary findings by the original Commission and new
    discoveries.
        (c) Establishment of the Commission.--
                (1) In general.--There is established the Commission on
            Wartime Relocation and Internment of Latin Americans of
            Japanese descent (referred to in this section as the
            ``Commission'').
                (2) Composition.--The Commission shall be composed of 9
            members, who shall be appointed not later than 60 days after
            the date of enactment of this section, of whom--
                        (A) 3 members shall be appointed by the President;
                        (B) 3 members shall be appointed by the Speaker of
                    the House of Representatives, on the joint
                    recommendation of the majority leader of the House of
                    Representatives and the minority leader of the House of
                    Representatives; and
                        (C) 3 members shall be appointed by the President
                    pro tempore of the Senate, on the joint recommendation
                    of the majority leader of the Senate and the minority
                    leader of the Senate.
                (3) Period of appointment; vacancies.--Members shall be
            appointed for the life of the Commission. A vacancy in the
            Commission shall not affect its powers, but shall be filled in
            the same manner as the original appointment was made.
                (4) Meetings.--
                        (A) First meeting.--The President shall call the
                    first meeting of the Commission not later than the
                    later of--
                                (i) 60 days after the date of enactment of
                            this section; or
                                (ii) 30 days after the date of enactment of
                            legislation making appropriations to carry out
                            this section.
                        (B) Subsequent meetings.--Except as provided in
                    subparagraph (A), the Commission shall meet at the call
                    of the Chairperson.
                (5) Quorum.--Five members of the Commission shall
            constitute a quorum, but a lesser number of members may hold
            hearings.
                (6) Chairperson and vice chairperson.--The Commission shall
            elect a Chairperson and Vice Chairperson from among its
            members. The Chairperson and Vice Chairperson shall serve for
            the life of the Commission.
        (d) Duties of the Commission.--
                (1) In general.--The Commission shall--
                        (A) extend the study of the Commission on Wartime
                    Relocation and Internment of Civilians, established by
                    the Commission on Wartime Relocation and Internment of
                    Civilians Act--
                                (i) to investigate and determine facts and
                            circumstances surrounding the United States'
                            relocation, internment, and deportation to Axis
                            countries of Latin Americans of Japanese
                            descent from December 1941 through February
                            1948, and the impact of those actions by the
                            United States; and
                                (ii) in investigating those facts and
                            circumstances, to review directives of the
                            United States Armed Forces and the Department
                            of State requiring the relocation, detention in
                            internment camps, and deportation to Axis
                            countries of Latin Americans of Japanese
                            descent; and
                        (B) recommend appropriate remedies, if any, based
                    on preliminary findings by the original Commission and
                    new discoveries.
                (2) Report.--Not later than 1 year after the date of the
            first meeting of the Commission pursuant to subsection
            (c)(4)(A), the Commission shall submit a written report to
            Congress, which shall contain findings resulting from the
            investigation conducted under paragraph (1)(A) and
            recommendations described in paragraph (1)(B).
        (e) Powers of the Commission.--
                (1) Hearings.--The Commission or, at its direction, any
            subcommittee or member of the Commission, may, for the purpose
            of carrying out this section--
                        (A) hold such public hearings in such cities and
                    countries, sit and act at such times and places, take
                    such testimony, receive such evidence, and administer
                    such oaths as the Commission or such subcommittee or
                    member considers advisable; and
                        (B) require, by subpoena or otherwise, the
                    attendance and testimony of such witnesses and the
                    production of such books, records, correspondence,
                    memoranda, papers, documents, tapes, and materials as
                    the Commission or such subcommittee or member considers
                    advisable.
                (2) Issuance and enforcement of subpoenas.--
                        (A) Issuance.--Subpoenas issued under paragraph (1)
                    shall bear the signature of the Chairperson of the
                    Commission and shall be served by any person or class
                    of persons designated by the Chairperson for that
                    purpose.
                        (B) Enforcement.--In the case of contumacy or
                    failure to obey a subpoena issued under paragraph (1),
                    the United States district court for the judicial
                    district in which the subpoenaed person resides, is
                    served, or may be found may issue an order requiring
                    such person to appear at any designated place to
                    testify or to produce documentary or other evidence.
                    Any failure to obey the order of the court may be
                    punished by the court as a contempt of that court.
                (3) Witness allowances and fees.--Section 1821 of title 28,
            United States Code, shall apply to witnesses requested or
            subpoenaed to appear at any hearing of the Commission. The per
            diem and mileage allowances for witnesses shall be paid from
            funds available to pay the expenses of the Commission.
                (4) Information from federal agencies.--The Commission may
            secure directly from any Federal department or agency such
            information as the Commission considers necessary to perform
            its duties. Upon request of the Chairperson of the Commission,
            the head of such department or agency shall furnish such
            information to the Commission.
                (5) Postal services.--The Commission may use the United
            States mails in the same manner and under the same conditions
            as other departments and agencies of the Federal Government.
        (f) Personnel and Administrative Provisions.--
                (1) Compensation of members.--Each member of the Commission
            who is not an officer or employee of the Federal Government
            shall be compensated at a rate equal to the daily equivalent of
            the annual rate of basic pay prescribed for level IV of the
            Executive Schedule under section 5315 of title 5, United States
            Code, for each day (including travel time) during which such
            member is engaged in the performance of the duties of the
            Commission. All members of the Commission who are officers or
            employees of the United States shall serve without compensation
            in addition to that received for their services as officers or
            employees of the United States.
                (2) Travel expenses.--The members of the Commission shall
            be allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for employees of agencies
            under subchapter I of chapter 57 of title 5, United States
            Code, while away from their homes or regular places of business
            in the performance of services for the Commission.
                (3) Staff.--
                        (A) In general.--The Chairperson of the Commission
                    may, without regard to the civil service laws and
                    regulations, appoint and terminate the employment of
                    such personnel as may be necessary to enable the
                    Commission to perform its duties.
                        (B) Compensation.--The Chairperson of the
                    Commission may fix the compensation of the personnel
                    without regard to chapter 51 and subchapter III of
                    chapter 53 of title 5, United States Code, relating to
                    classification of positions and General Schedule pay
                    rates, except that the rate of pay for the personnel
                    may not exceed the rate payable for level V of the
                    Executive Schedule under section 5316 of such title.
                (4) Detail of government employees.--Any Federal Government
            employee may be detailed to the Commission without
            reimbursement, and such detail shall be without interruption or
            loss of civil service status or privilege.
                (5) Procurement of temporary and intermittent services.--
            The Chairperson of the Commission may procure temporary and
            intermittent services under section 3109(b) of title 5, United
            States Code, at rates for individuals that do not exceed the
            daily equivalent of the annual rate of basic pay prescribed for
            level V of the Executive Schedule under section 5316 of such
            title.
                (6) Other administrative matters.--The Commission may--
                        (A) enter into agreements with the Administrator of
                    General Services to procure necessary financial and
                    administrative services;
                        (B) enter into contracts to procure supplies,
                    services, and property; and
                        (C) enter into contracts with Federal, State, or
                    local agencies, or private institutions or
                    organizations, for the conduct of research or surveys,
                    the preparation of reports, and other activities
                    necessary to enable the Commission to perform its
                    duties.
        (g) Termination.--The Commission shall terminate 90 days after the
    date on which the Commission submits its report to Congress under
    subsection (d)(2).
        (h) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated
            such sums as may be necessary to carry out this section.
                (2) Availability.--Any sums appropriated under the
            authorization contained in this subsection shall remain
            available, without fiscal year limitation, until expended.
        Sec. 540. (a) Using funds appropriated to the Legal Services
    Corporation (``Corporation'') in this Act, the Corporation shall comply
    with, and ensure that recipients and recipient attorneys comply with,
    the corresponding recommendations contained in the provisions of--
                (1) the report entitled ``Governance and Accountability
            Practices Need to Be Modernized and Strengthened'', GAO-07-993,
            issued August 2007 by the Government Accountability Office;
                (2) the report entitled ``Improved Internal Controls Needed
            in Grants Management and Oversight'', GAO-08-37, issued
            December 2007 by the Government Accountability Office;
                (3) the report entitled ``Selected Internal Controls at
            Legal Services NYC'', Report No. AU09-01, issued December 11,
            2008 by the Office of Inspector General of the Corporation;
                (4) the report entitled ``Selected Internal Controls at
            Legal Aid and Defender Association, Inc.'', Report No. AU09-02,
            issued February 5, 2009 by that Office of Inspector General;
                (5) the report entitled ``Selected Internal Controls at
            California Indian Legal Services'', Report No. AU09-03, issued
            March 27, 2009 by that Office of Inspector General;
                (6) the report entitled ``Selected Internal Controls at
            Legal Assistance Foundation of Metropolitan Chicago'', Report
            No. AU08-05, issued September 30, 2008 by that Office of
            Inspector General;
                (7) the report entitled ``Selected Internal Controls at
            Philadelphia Legal Assistance Center'', Report No. AU08-04,
            issued August 14, 2008 by that Office of Inspector General;
                (8) the report entitled ``Legal Services Corporation FY
            2008 Financial Statement Audit Report'', issued January 28,
            2009 by that Office of Inspector General;
                (9) the report entitled ``Audit of Legal Services
            Corporation's Consultant Contract'', Report No. AU09-05, issued
            July 7, 2009 by that Office of Inspector General;
                (10) the report entitled ``Selected Internal Controls at
            Legal Aid of Northwest Texas'', Report No. AU09-06, issued
            August 10, 2009 by that Office of Inspector General; and
                (11) the report entitled ``Protocol for the Acceptance and
            Use of Private Contributions to LSC'', issued August 2008 by
            the Audit Committee of the Board of Directors of the
            Corporation.
        (b) The Corporation may not expend $5,000,000 of the funds
    described in subsection (a) until the President and the Chairman submit
    the certification described in subsection (c).
        (c) The President and the Chairman shall, not later than 30 days
    after enactment of this Act, determine whether the Corporation has met
    the requirements of subsection (a). The President and the Chairman
    shall make the determination based on the standards, best management
    practices, and guidelines in the provisions described in subsection
    (a). If the President and the Chairman determine that the Corporation
    has met the requirements, the President and the Chairman shall submit a
    certification to the Committee on Appropriations of the House of
    Representatives, and the Committee on Appropriations of the Senate.
    Upon the President's and the Chairman's joint submission of the
    certification, the Corporation may expend the amount described in
    subsection (b).
        (d) In this section, the terms ``Corporation'' and ``recipient''
    have the meanings given the terms in section 1002 of the Legal Services
    Corporation Act (42 U.S.C. 2996a).
        (e) In this section, the terms ``President'' and ``Chairman'' refer
    to the President of the Legal Services Corporation and the Chairman of
    the Board of the Legal Services Corporation.
        Sec. 541.  Chapter 85 of title 18, United States Code, is amended
    in section 1761--
                (1) by striking ``non-Federal'' in subsection (c)(1);
                (2) by redesignating subsection (d) as subsection (e); and
                (3) by adding after subsection (c) the following new
            subsection:
        ``(d) This chapter shall not apply to goods, wares, or merchandise
    manufactured, produced, mined or assembled by convicts or prisoners who
    are participating in any pilot project approved by the Federal Prison
    Industries Board of Directors, which are currently, or would otherwise
    be, manufactured, produced, mined, or assembled outside the United
    States.''.

                national criminal justice commission act of 2010

        Sec. 542. (a) Short Title.--This section may be cited as the
    ``National Criminal Justice Commission Act of 2010''.
        (b) Findings.--Congress finds that--
                (1) it is in the interest of the Nation to establish a
            commission to undertake a comprehensive review of the criminal
            justice system;
                (2) there has not been a comprehensive study since the
            President's Commission on Law Enforcement and Administration of
            Justice was established in 1965;
                (3) that commission, in a span of 18 months, produced a
            comprehensive report entitled ``The Challenge of Crime in a
            Free Society,'' which contained 200 specific recommendations on
            all aspects of the criminal justice system involving Federal,
            State, tribal, and local governments, civic organizations,
            religious institutions, business groups, and individual
            citizens; and
                (4) developments over the intervening 45 years require once
            again that Federal, State, tribal, and local governments, civic
            organizations, religious institutions, business groups, and
            individual citizens come together to review evidence and
            consider how to improve the criminal justice system.
        (c) Establishment of Commission.--There is established a commission
    to be known as the ``National Criminal Justice Commission'' (referred
    to in this section as the ``Commission'').
        (d) Purpose of the Commission.--The Commission shall undertake a
    comprehensive review of the criminal justice system, encompassing
    current Federal, State, local, and tribal criminal justice policies and
    practices, and make reform recommendations for the President, Congress,
    State, local, and tribal governments.
        (e) Review and Recommendations.--
                (1) General review.--The Commission shall undertake a
            comprehensive review of all areas of the criminal justice
            system, including Federal, State, local, and tribal
            governments' criminal justice costs, practices, and policies.
                (2) Findings and recommendations.--After conducting a
            review of the United States criminal justice system as required
            by paragraph (1), the Commission shall make findings regarding
            such review and recommendations for changes in oversight,
            policies, practices, and laws designed to prevent, deter, and
            reduce crime and violence, reduce recidivism, improve cost-
            effectiveness, and ensure the interests of justice at every
            step of the criminal justice system.
                (3) Prior commissions.--The Commission shall take into
            consideration the work of prior relevant commissions in
            conducting its review.
                (4) State and local government.--In making its
            recommendations, the Commission should consider the financial
            and human resources of State and local governments.
            Recommendations shall not infringe on the legitimate rights of
            the States to determine their own criminal laws or the
            enforcement of such laws.
                (5) Public hearings.--The Commission shall conduct public
            hearings in various locations around the United States.
                (6) Consultation with government and nongovernment
            representatives.--
                        (A) In general.--The Commission shall--
                                (i) closely consult with Federal, State,
                            local, and tribal government and
                            nongovernmental leaders, including State,
                            local, and tribal law enforcement officials,
                            legislators, public health officials, judges,
                            court administrators, prosecutors, defense
                            counsel, victims' rights organizations,
                            probation and parole officials, criminal
                            justice planners, criminologists, civil rights
                            and liberties organizations, formerly
                            incarcerated individuals, professional
                            organizations, and corrections officials; and
                                (ii) include in the final report required
                            by paragraph (7) summaries of the input and
                            recommendations of these leaders.
                        (B) United states sentencing commission.--To the
                    extent the review and recommendations required by this
                    section relate to sentencing policies and practices for
                    the Federal criminal justice system, the Commission
                    shall conduct such review and make such recommendations
                    in consultation with the United States Sentencing
                    Commission.
                (7) Report.--
                        (A) Report.--Not later than 18 months after the
                    first meeting of the Commission, the Commission shall
                    prepare and submit a final report that contains a
                    detailed statement of findings, conclusions, and
                    recommendations of the Commission to Congress, the
                    President, State, local, and tribal governments.
                        (B) Goal of unanimity.--It is the sense of the
                    Congress that, given the national importance of the
                    matters before the Commission, the Commission should
                    work toward unanimously supported findings and
                    recommendations.
                        (C) Public availability.--The report submitted
                    under this paragraph shall be made available to the
                    public.
                        (D) Votes on recommendations in report.--Consistent
                    with paragraph (2), the Commission shall state the vote
                    total for each recommendation contained in its report
                    to Congress.
        (f) Membership.--
                (1) In general.--The Commission shall be composed of 14
            members, as follows:
                        (A) 1 member shall be appointed by the President,
                    who shall serve as co-chairman of the Commission;
                        (B) 1 member shall be appointed by the leader of
                    the Senate (majority or minority leader, as the case
                    may be) of the Republican Party, in consultation with
                    the leader of the House of Representatives (majority or
                    minority leader, as the case may be) of the Republican
                    Party, who shall serve as co-chairman of the
                    Commission;
                        (C) 2 members shall be appointed by the senior
                    member of the Senate leadership of the Democratic
                    Party, in consultation with the Democratic leadership
                    of the Committee on the Judiciary.
                        (D) 2 members shall be appointed by the senior
                    member of the Senate leadership of the Republican
                    Party, in consultation with the Republican leadership
                    of the Committee on the Judiciary.
                        (E) 2 members shall be appointed by the senior
                    member of the leadership of the House of
                    Representatives of the Republican Party, in
                    consultation with the Republican leadership of the
                    Committee on the Judiciary.
                        (F) 2 members shall be appointed by the senior
                    member of the leadership of the House of
                    Representatives of the Democratic Party, in
                    consultation with the Democratic leadership of the
                    Committee on the Judiciary.
                        (G) 2 members, who shall be State and local
                    representatives, shall be appointed by the President in
                    agreement with leader of the Senate (majority or
                    minority leader, as the case may be) of the Republican
                    Party and the leader of the House of Representatives
                    (majority or minority leader, as the case may be) of
                    the Republican Party.
                        (H) 2 members, who shall be State and local
                    representatives, shall be appointed by the President in
                    agreement with leader of the Senate (majority or
                    minority leader, as the case may be) of the Democratic
                    Party and the leader of the House of Representatives
                    (majority or minority leader, as the case may be) of
                    the Democratic Party.
                (2) Membership.--
                        (A) Qualifications.--The individuals appointed from
                    private life as members of the Commission shall be
                    individuals with distinguished reputations for
                    integrity and nonpartisanship who are nationally
                    recognized for expertise, knowledge, or experience in
                    such relevant areas as--
                                (i) law enforcement;
                                (ii) criminal justice;
                                (iii) national security;
                                (iv) prison and jail administration;
                                (v) prisoner reentry;
                                (vi) public health, including physical and
                            sexual victimization, drug addiction and mental
                            health;
                                (vii) victims' rights;
                                (viii) civil liberties;
                                (ix) court administration;
                                (x) social services; and
                                (xi) State, local, and tribal government.
                        (B) Disqualification.--An individual shall not be
                    appointed as a member of the Commission if such
                    individual possesses any personal financial interest in
                    the discharge of any of the duties of the Commission.
                        (C) Terms.--Members shall be appointed for the life
                    of the Commission.
                (3) Appointment; first meeting.--
                        (A) Appointment.--Members of the Commission shall
                    be appointed not later than 45 days after the date of
                    the enactment of this Act.
                        (B) First meeting.--The Commission shall hold its
                    first meeting on the date that is 60 days after the
                    date of enactment of this Act, or not later than 30
                    days after the date on which funds are made available
                    for the Commission, whichever is later.
                        (C) Ethics.--At the first meeting of the
                    Commission, the Commission shall draft appropriate
                    ethics guidelines for commissioners and staff,
                    including guidelines relating to conflict of interest
                    and financial disclosure. The Commission shall consult
                    with the Senate and House Committees on the Judiciary
                    as a part of drafting the guidelines and furnish the
                    Committees with a copy of the completed guidelines.
                (4) Meetings; quorum; vacancies.--
                        (A) Meetings.--The Commission shall meet at the
                    call of the co-chairs or a majority of its members.
                        (B) Quorum.--Seven members of the Commission,
                    including at least 2 members chosen by either the
                    senior member of the Senate leadership of the
                    Democratic Party, the senior member of the leadership
                    of the House of Representatives of the Democratic
                    Party, or the senior member of the Senate leadership of
                    the Democratic Party and the senior member of the
                    leadership of the House of Representatives of the
                    Democratic Party in agreement with the President and 2
                    members chosen by either the senior member of the
                    Senate leadership of the Republican Party, the senior
                    member of the leadership of the House of
                    Representatives of the Republican Party, or the senior
                    member of the Senate leadership of the Republican Party
                    and the senior member of the leadership of the House of
                    Representatives of the Republican Party in agreement
                    with the President, shall constitute a quorum for
                    purposes of conducting business, except that 2 members
                    of the Commission shall constitute a quorum for
                    purposes of receiving testimony.
                        (C) Vacancies.--Any vacancy in the Commission shall
                    not affect its powers, but shall be filled in the same
                    manner in which the original appointment was made. If
                    vacancies in the Commission occur on any day after 45
                    days after the date of the enactment of this Act, a
                    quorum shall consist of a majority of the members of
                    the Commission as of such day, so long as at least 1
                    Commission member chosen by a member of each party,
                    Republican and Democratic, is present.
                (5) Actions of commission.--
                        (A) In general.--The Commission--
                                (i) shall act by resolution agreed to by a
                            majority of the members of the Commission
                            voting and present; and
                                (ii) may establish panels composed of less
                            than the full membership of the Commission for
                            purposes of carrying out the duties of the
                            Commission under this title--
                                        (I) which shall be subject to the
                                    review and control of the Commission;
                                    and
                                        (II) any findings and
                                    determinations made by such a panel
                                    shall not be considered the findings
                                    and determinations of the Commission
                                    unless approved by the Commission.
                        (B) Delegation.--Any member, agent, or staff of the
                    Commission may, if authorized by the co-chairs of the
                    Commission, take any action which the Commission is
                    authorized to take pursuant to this section.
        (g) Administration.--
                (1) Staff.--
                        (A) Executive director.--The Commission shall have
                    a staff headed by an Executive Director. The Executive
                    Director shall be paid at a rate established for the
                    Certified Plan pay level for the Senior Executive
                    Service under section 5382 of title 5, United States
                    Code.
                        (B) Appointment and compensation.--The co-chairs of
                    the Commission shall designate and fix the compensation
                    of the Executive Director and, in accordance with rules
                    agreed upon by the Commission, may appoint and fix the
                    compensation of such other personnel as may be
                    necessary to enable the Commission to carry out its
                    functions, without regard to the provisions of title 5,
                    United States Code, governing appointments in the
                    competitive service, and without regard to the
                    provisions of chapter 51 and subchapter III of chapter
                    53 of such title relating to classification and General
                    Schedule pay rates, except that no rate of pay fixed
                    under this paragraph may exceed the equivalent of that
                    payable for a position at level V of the Executive
                    Schedule under section 5316 of title 5, United States
                    Code.
                        (C) Personnel as federal employees.--
                                (i) In general.--The executive director and
                            any personnel of the Commission who are
                            employees shall be employees under section 2105
                            of title 5, United States Code, for purposes of
                            chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
                            that title.
                                (ii) Members of commission.--Clause (i)
                            shall not be construed to apply to members of
                            the Commission.
                        (D) The compensation of commissioners.--Each member
                    of the Commission may be compensated at not to exceed
                    the daily equivalent of the annual rate of basic pay in
                    effect for a position at level V of the Executive
                    Schedule under section 5315 of title 5, United States
                    Code, for each day during which that member is engaged
                    in the actual performance of the duties of the
                    Commission. All members of the Commission who are
                    officers or employees of the United States , State, or
                    local government shall serve without compensation in
                    addition to that received for their services as
                    officers or employees.
                        (E) Travel expenses.--While away from their homes
                    or regular places of business in the performance of
                    services for the Commission, members of the Commission
                    shall be allowed travel expenses, including per diem in
                    lieu of subsistence, in the same manner as persons
                    employed intermittently in the Government service are
                    allowed expenses under section 5703(b) of title 5,
                    United States Code.
                (2) Experts and consultants.--With the approval of the
            Commission, the Executive Director may procure temporary and
            intermittent services under section 3109(b) of title 5, United
            States Code.
                (3) Detail of government employees.--Upon the request of
            the Commission, the head of any Federal agency may detail,
            without reimbursement, any of the personnel of such agency to
            the Commission to assist in carrying out the duties of the
            Commission. Any such detail shall not interrupt or otherwise
            affect the civil service status or privileges of the Federal
            employee.
                (4) Other resources.--The Commission shall have reasonable
            access to materials, resources, statistical data, and other
            information such Commission determines to be necessary to carry
            out its duties from the Library of Congress, the Department of
            Justice, the Office of National Drug Control Policy, the
            Department of State, and other agencies of the executive and
            legislative branches of the Federal Government. The co-chairs
            of the Commission shall make requests for such access in
            writing when necessary.
                (5) Volunteer services.--Notwithstanding the provisions of
            section 1342 of title 31, United States Code, the Commission is
            authorized to accept and utilize the services of volunteers
            serving without compensation. The Commission may reimburse such
            volunteers for local travel and office supplies, and for other
            travel expenses, including per diem in lieu of subsistence, as
            authorized by section 5703 of title 5, United States Code. A
            person providing volunteer services to the Commission shall be
            considered an employee of the Federal Government in performance
            of those services for the purposes of chapter 81 of title 5 of
            the United States Code, relating to compensation for work-
            related injuries, chapter 171 of title 28 of the United States
            Code, relating to tort claims, and chapter 11 of title 18 of
            the United States Code, relating to conflicts of interest.
                (6) Obtaining official data.--The Commission may secure
            directly from any agency of the United States information
            necessary to enable it to carry out this section. Upon the
            request of the co-chairs of the Commission, the head of that
            department or agency shall furnish that information to the
            Commission. The Commission shall not have access to sensitive
            information regarding ongoing investigations.
                (7) Mails.--The Commission may use the United States mails
            in the same manner and under the same conditions as other
            departments and agencies of the United States.
                (8) Administrative reporting.--The Commission shall issue
            bi-annual status reports to Congress regarding the use of
            resources, salaries, and all expenditures of appropriated
            funds.
                (9) Contracts.--The Commission is authorized to enter into
            contracts with Federal and State agencies, private firms,
            institutions, and individuals for the conduct of activities
            necessary to the discharge of its duties and responsibilities.
            A contract, lease or other legal agreement entered into by the
            Commission may not extend beyond the date of the termination of
            the Commission.
                (10) Gifts.--Subject to existing law, the Commission may
            accept, use, and dispose of gifts or donations of services or
            property.
                (11) Administrative assistance.--The Administrator of
            General Services shall provide to the Commission, on a
            reimbursable basis, the administrative support services
            necessary for the Commission to carry out its responsibilities
            under this section. These administrative services may include
            human resource management, budget, leasing, accounting, and
            payroll services.
                (12) Nonapplicability of faca and public access to meetings
            and minutes.--
                        (A) In general.--The Federal Advisory Committee Act
                    (5 U.S.C. App.) shall not apply to the Commission.
                        (B) Meetings and minutes.--
                                (i) Meetings.--
                                        (I) Administration.--All meetings
                                    of the Commission shall be open to the
                                    public, except that a meeting or any
                                    portion of it may be closed to the
                                    public if it concerns matters or
                                    information described in section
                                    552b(c) of title 5, United States Code.
                                    Interested persons shall be permitted
                                    to appear at open meetings and present
                                    oral or written statements on the
                                    subject matter of the meeting. The
                                    Commission may administer oaths or
                                    affirmations to any person appearing
                                    before it.
                                        (II) Notice.--All open meetings of
                                    the Commission shall be preceded by
                                    timely public notice in the Federal
                                    Register of the time, place, and
                                    subject of the meeting.
                                (ii) Minutes and public availability.--
                            Minutes of each open meeting shall be kept and
                            shall contain a record of the people present, a
                            description of the discussion that occurred,
                            and copies of all statements filed. The minutes
                            and records of all open meetings and other
                            documents that were made available to or
                            prepared for the Commission shall be available
                            for public inspection and copying at a single
                            location in the offices of the Commission.
                (13) Archiving.--Not later than the date of termination of
            the Commission, all records and papers of the Commission shall
            be delivered to the Archivist of the United States for deposit
            in the National Archives.
        (h) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated
            for fiscal years 2011 and 2012 such sums are as necessary to
            carry out the purposes of this section, not to exceed
            $7,000,000 per year for each fiscal year, and not more than
            $14,000,000 total. None of the funds appropriated under this
            section may be utilized for international travel.
                (2) Availability.--Any sums appropriated under the
            paragraph (1) shall remain available, without fiscal year
            limitation, until expended.
        (i) Sunset.--The Commission shall terminate 60 days after it
    submits its report to Congress.
        This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2011''.

           DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

                                    TITLE I

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Army on active duty, (except members of reserve components provided
    for elsewhere), cadets, and aviation cadets; for members of the Reserve
    Officers' Training Corps; and for payments pursuant to section 156 of
    Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $41,042,653,000.

                            Military Personnel, Navy

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Navy on active duty (except members of the Reserve provided for
    elsewhere), midshipmen, and aviation cadets; for members of the Reserve
    Officers' Training Corps; and for payments pursuant to section 156 of
    Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $25,912,449,000.

                        Military Personnel, Marine Corps

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Marine Corps on active duty (except members of the Reserve provided
    for elsewhere); and for payments pursuant to section 156 of Public Law
    97-377, as amended (42 U.S.C. 402 note), and to the Department of
    Defense Military Retirement Fund, $13,210,161,000.

                         Military Personnel, Air Force

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Air Force on active duty (except members of reserve components
    provided for elsewhere), cadets, and aviation cadets; for members of
    the Reserve Officers' Training Corps; and for payments pursuant to
    section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
    to the Department of Defense Military Retirement Fund, $27,105,755,000.

                            Reserve Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army Reserve on active duty under
    sections 10211, 10302, and 3038 of title 10, United States Code, or
    while serving on active duty under section 12301(d) of title 10, United
    States Code, in connection with performing duty specified in section
    12310(a) of title 10, United States Code, or while undergoing reserve
    training, or while performing drills or equivalent duty or other duty,
    and expenses authorized by section 16131 of title 10, United States
    Code; and for payments to the Department of Defense Military Retirement
    Fund, $4,333,165,000.

                            Reserve Personnel, Navy

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Navy Reserve on active duty under
    section 10211 of title 10, United States Code, or while serving on
    active duty under section 12301(d) of title 10, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing reserve training, or while
    performing drills or equivalent duty, and expenses authorized by
    section 16131 of title 10, United States Code; and for payments to the
    Department of Defense Military Retirement Fund, $1,940,191,000.

                        Reserve Personnel, Marine Corps

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Marine Corps Reserve on active
    duty under section 10211 of title 10, United States Code, or while
    serving on active duty under section 12301(d) of title 10, United
    States Code, in connection with performing duty specified in section
    12310(a) of title 10, United States Code, or while undergoing reserve
    training, or while performing drills or equivalent duty, and for
    members of the Marine Corps platoon leaders class, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $612,191,000.

                          Reserve Personnel, Air Force

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air Force Reserve on active duty
    under sections 10211, 10305, and 8038 of title 10, United States Code,
    or while serving on active duty under section 12301(d) of title 10,
    United States Code, in connection with performing duty specified in
    section 12310(a) of title 10, United States Code, or while undergoing
    reserve training, or while performing drills or equivalent duty or
    other duty, and expenses authorized by section 16131 of title 10,
    United States Code; and for payments to the Department of Defense
    Military Retirement Fund, $1,650,797,000.

                         National Guard Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army National Guard while on duty
    under section 10211, 10302, or 12402 of title 10 or section 708 of
    title 32, United States Code, or while serving on duty under section
    12301(d) of title 10 or section 502(f) of title 32, United States Code,
    in connection with performing duty specified in section 12310(a) of
    title 10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $7,514,896,000.

                      National Guard Personnel, Air Force

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air National Guard on duty under
    section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
    United States Code, or while serving on duty under section 12301(d) of
    title 10 or section 502(f) of title 32, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $3,067,431,000.

                                    TITLE II

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Army, as authorized by law; and not to
    exceed $12,478,000 can be used for emergencies and extraordinary
    expenses, to be expended on the approval or authority of the Secretary
    of the Army, and payments may be made on his certificate of necessity
    for confidential military purposes, $33,351,597,000.

                        Operation and Maintenance, Navy

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Navy and the Marine Corps, as
    authorized by law; and not to exceed $14,804,000 can be used for
    emergencies and extraordinary expenses, to be expended on the approval
    or authority of the Secretary of the Navy, and payments may be made on
    his certificate of necessity for confidential military purposes,
    $37,849,700,000.

                    Operation and Maintenance, Marine Corps

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Marine Corps, as authorized by law,
    $5,546,060,000.

                      Operation and Maintenance, Air Force

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Air Force, as authorized by law; and
    not to exceed $7,699,000 can be used for emergencies and extraordinary
    expenses, to be expended on the approval or authority of the Secretary
    of the Air Force, and payments may be made on his certificate of
    necessity for confidential military purposes, $36,110,720,000.

                    Operation and Maintenance, Defense-Wide

                         (including transfer of funds)

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of activities and agencies of the Department
    of Defense (other than the military departments), as authorized by law,
    $30,303,622,000: Provided, That not more than $50,000,000 may be used
    for the Combatant Commander Initiative Fund authorized under section
    166a of title 10, United States Code: Provided further, That not to
    exceed $36,000,000 can be used for emergencies and extraordinary
    expenses, to be expended on the approval or authority of the Secretary
    of Defense, and payments may be made on his certificate of necessity
    for confidential military purposes: Provided further, That of the funds
    provided under this heading, not less than $31,659,000 shall be made
    available for the Procurement Technical Assistance Cooperative
    Agreement Program, of which not less than $3,600,000 shall be available
    for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
    none of the funds appropriated or otherwise made available by this Act
    may be used to plan or implement the consolidation of a budget or
    appropriations liaison office of the Office of the Secretary of
    Defense, the office of the Secretary of a military department, or the
    service headquarters of one of the Armed Forces into a legislative
    affairs or legislative liaison office: Provided further, That
    $8,251,000, to remain available until expended, is available only for
    expenses relating to certain classified activities, and may be
    transferred as necessary by the Secretary of Defense to operation and
    maintenance appropriations or research, development, test and
    evaluation appropriations, to be merged with and to be available for
    the same time period as the appropriations to which transferred:
    Provided further, That any ceiling on the investment item unit cost of
    items that may be purchased with operation and maintenance funds shall
    not apply to the funds described in the preceding proviso: Provided
    further, That the transfer authority provided under this heading is in
    addition to any other transfer authority provided elsewhere in this
    Act.

                    Operation and Maintenance, Army Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Army Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $2,840,427,000.

                    Operation and Maintenance, Navy Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Navy Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $1,344,264,000.

                Operation and Maintenance, Marine Corps Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Marine Corps Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $275,484,000.

                  Operation and Maintenance, Air Force Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Air Force Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $3,291,027,000.

                 Operation and Maintenance, Army National Guard

        For expenses of training, organizing, and administering the Army
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; hire of passenger motor vehicles;
    personnel services in the National Guard Bureau; travel expenses (other
    than mileage), as authorized by law for Army personnel on active duty,
    for Army National Guard division, regimental, and battalion commanders
    while inspecting units in compliance with National Guard Bureau
    regulations when specifically authorized by the Chief, National Guard
    Bureau; supplying and equipping the Army National Guard as authorized
    by law; and expenses of repair, modification, maintenance, and issue of
    supplies and equipment (including aircraft), $6,504,424,000.

                 Operation and Maintenance, Air National Guard

        For expenses of training, organizing, and administering the Air
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; transportation of things, hire of
    passenger motor vehicles; supplying and equipping the Air National
    Guard, as authorized by law; expenses for repair, modification,
    maintenance, and issue of supplies and equipment, including those
    furnished from stocks under the control of agencies of the Department
    of Defense; travel expenses (other than mileage) on the same basis as
    authorized by law for Air National Guard personnel on active Federal
    duty, for Air National Guard commanders while inspecting units in
    compliance with National Guard Bureau regulations when specifically
    authorized by the Chief, National Guard Bureau, $5,969,267,000.

              United States Court of Appeals for the Armed Forces

        For salaries and expenses necessary for the United States Court of
    Appeals for the Armed Forces, $14,068,000, of which not to exceed
    $5,000 may be used for official representation purposes.

                        Environmental Restoration, Army

                         (including transfer of funds)

        For the Department of the Army, $464,581,000, to remain available
    until transferred: Provided, That the Secretary of the Army shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of the Army, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of the Army, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation: Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

                        Environmental Restoration, Navy

                         (including transfer of funds)

        For the Department of the Navy, $304,867,000, to remain available
    until transferred: Provided, That the Secretary of the Navy shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of the Navy, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of the Navy, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation: Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

                      Environmental Restoration, Air Force

                         (including transfer of funds)

        For the Department of the Air Force, $502,653,000, to remain
    available until transferred: Provided, That the Secretary of the Air
    Force shall, upon determining that such funds are required for
    environmental restoration, reduction and recycling of hazardous waste,
    removal of unsafe buildings and debris of the Department of the Air
    Force, or for similar purposes, transfer the funds made available by
    this appropriation to other appropriations made available to the
    Department of the Air Force, to be merged with and to be available for
    the same purposes and for the same time period as the appropriations to
    which transferred: Provided further, That upon a determination that all
    or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation: Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority provided elsewhere in this Act.

                    Environmental Restoration, Defense-Wide

                         (including transfer of funds)

        For the Department of Defense, $10,744,000, to remain available
    until transferred: Provided, That the Secretary of Defense shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of Defense, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of Defense, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation: Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

             Environmental Restoration, Formerly Used Defense Sites

                         (including transfer of funds)

        For the Department of the Army, $316,546,000, to remain available
    until transferred: Provided, That the Secretary of the Army shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris at sites formerly used by the Department of Defense,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of the Army, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation: Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

                 Overseas Humanitarian, Disaster, and Civic Aid

        For expenses relating to the Overseas Humanitarian, Disaster, and
    Civic Aid programs of the Department of Defense (consisting of the
    programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
    title 10, United States Code), $108,032,000, to remain available until
    September 30, 2012.

                      Cooperative Threat Reduction Account

        For assistance to the republics of the former Soviet Union and,
    with appropriate authorization by the Department of Defense and
    Department of State, to countries outside of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, and for defense and military
    contacts, $522,512,000, to remain available until September 30, 2013:
    Provided, That of the amounts provided under this heading, not less
    than $13,500,000 shall be available only to support the dismantling and
    disposal of nuclear submarines, submarine reactor components, and
    security enhancements for transport and storage of nuclear warheads in
    the Russian Far East and North.

          Department of Defense Acquisition Workforce Development Fund

        For the Department of Defense Acquisition Workforce Development
    Fund, $217,561,000.

                                   TITLE III

                                  PROCUREMENT

                           Aircraft Procurement, Army

        For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $5,268,991,000, to remain available for obligation until
    September 30, 2013.

                           Missile Procurement, Army

        For construction, procurement, production, modification, and
    modernization of missiles, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $1,570,108,000, to remain available for obligation until
    September 30, 2013.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For construction, procurement, production, and modification of
    weapons and tracked combat vehicles, equipment, including ordnance,
    spare parts, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including the
    land necessary therefor, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway;
    and other expenses necessary for the foregoing purposes,
    $1,477,922,000, to remain available for obligation until September 30,
    2013.

                        Procurement of Ammunition, Army

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including
    ammunition facilities, authorized by section 2854 of title 10, United
    States Code, and the land necessary therefor, for the foregoing
    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine
    tools in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway; and other expenses necessary for
    the foregoing purposes, $1,857,786,000, to remain available for
    obligation until September 30, 2013.

                            Other Procurement, Army

                         (including transfer of funds)

        For construction, procurement, production, and modification of
    vehicles, including tactical, support, and non-tracked combat vehicles;
    the purchase of passenger motor vehicles for replacement only;
    communications and electronic equipment; other support equipment; spare
    parts, ordnance, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including the
    land necessary therefor, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway;
    and other expenses necessary for the foregoing purposes,
    $8,204,605,000, to remain available for obligation until September 30,
    2013: Provided, That of the funds made available in this paragraph,
    $15,000,000 shall be made available to procure equipment, not otherwise
    provided for, and may be transferred to other procurement accounts
    available to the Department of the Army, and that funds so transferred
    shall be available for the same purposes and the same time period as
    the account to which transferred.

                           Aircraft Procurement, Navy

        For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, spare parts,
    and accessories therefor; specialized equipment; expansion of public
    and private plants, including the land necessary therefor, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway, $17,473,588,000, to remain available for obligation
    until September 30, 2013.

                           Weapons Procurement, Navy

        For construction, procurement, production, modification, and
    modernization of missiles, torpedoes, other weapons, and related
    support equipment including spare parts, and accessories therefor;
    expansion of public and private plants, including the land necessary
    therefor, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine
    tools in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway, $3,236,157,000, to remain available
    for obligation until September 30, 2013.

                Procurement of Ammunition, Navy and Marine Corps

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including
    ammunition facilities, authorized by section 2854 of title 10, United
    States Code, and the land necessary therefor, for the foregoing
    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine
    tools in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway; and other expenses necessary for
    the foregoing purposes, $790,527,000, to remain available for
    obligation until September 30, 2013.

                       Shipbuilding and Conversion, Navy

        For expenses necessary for the construction, acquisition, or
    conversion of vessels as authorized by law, including armor and
    armament thereof, plant equipment, appliances, and machine tools and
    installation thereof in public and private plants; reserve plant and
    Government and contractor-owned equipment layaway; procurement of
    critical, long lead time components and designs for vessels to be
    constructed or converted in the future; and expansion of public and
    private plants, including land necessary therefor, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title, as follows:
                Carrier Replacement Program, $1,721,969,000;
                Carrier Replacement Program (AP), $908,313,000;
                NSSN, $3,430,343,000;
                NSSN (AP), $1,691,236,000;
                CVN Refueling, $1,248,999,000;
                CVN Refuelings (AP), $408,037,000;
                DDG-1000 Program, $77,512,000;
                DDG-51 Destroyer, $2,868,454,000;
                DDG-51 Destroyer (AP), $47,984,000;
                Littoral Combat Ship, $1,168,984,000;
                Littoral Combat Ship (AP), $190,351,000;
                LHA-R, $942,837,000;
                Joint High Speed Vessel, $180,703,000;
                Oceanographic Ships, $88,561,000;
                LCAC Service Life Extension Program, $83,035,000;
                Service Craft, $13,770,000; and
                For outfitting, post delivery, conversions, and first
            destination transportation, $295,570,000.
        In all: $15,366,658,000, to remain available for obligation until
    September 30, 2015: Provided, That additional obligations may be
    incurred after September 30, 2015, for engineering services, tests,
    evaluations, and other such budgeted work that must be performed in the
    final stage of ship construction: Provided further, That none of the
    funds provided under this heading for the construction or conversion of
    any naval vessel to be constructed in shipyards in the United States
    shall be expended in foreign facilities for the construction of major
    components of such vessel: Provided further, That none of the funds
    provided under this heading shall be used for the construction of any
    naval vessel in foreign shipyards.

                            Other Procurement, Navy

                         (including transfer of funds)

        For procurement, production, and modernization of support equipment
    and materials not otherwise provided for, Navy ordnance (except
    ordnance for new aircraft, new ships, and ships authorized for
    conversion); the purchase of passenger motor vehicles for replacement
    only, and the purchase of seven vehicles required for physical security
    of personnel, notwithstanding price limitations applicable to passenger
    vehicles but not to exceed $250,000 per vehicle; expansion of public
    and private plants, including the land necessary therefor, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway, $5,833,683,000, to remain available for obligation
    until September 30, 2013: Provided,  That of the funds made available
    in this paragraph, $15,000,000 shall be made available to procure
    equipment, not otherwise provided for, and may be transferred to other
    procurement accounts available to the Department of the Navy, and that
    funds so transferred shall be available for the same purposes and the
    same time period as the account to which transferred.

                           Procurement, Marine Corps

        For expenses necessary for the procurement, manufacture, and
    modification of missiles, armament, military equipment, spare parts,
    and accessories therefor; plant equipment, appliances, and machine
    tools, and installation thereof in public and private plants; reserve
    plant and Government and contractor-owned equipment layaway; vehicles
    for the Marine Corps, including the purchase of passenger motor
    vehicles for replacement only; and expansion of public and private
    plants, including land necessary therefor, and such lands and interests
    therein, may be acquired, and construction prosecuted thereon prior to
    approval of title, $1,238,036,000, to remain available for obligation
    until September 30, 2013.

                        Aircraft Procurement, Air Force

        For construction, procurement, and modification of aircraft and
    equipment, including armor and armament, specialized ground handling
    equipment, and training devices, spare parts, and accessories therefor;
    specialized equipment; expansion of public and private plants,
    Government-owned equipment and installation thereof in such plants,
    erection of structures, and acquisition of land, for the foregoing
    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; reserve
    plant and Government and contractor-owned equipment layaway; and other
    expenses necessary for the foregoing purposes including rents and
    transportation of things, $12,528,779,000, to remain available for
    obligation until September 30, 2013: Provided, That none of the funds
    provided in this Act for modification of C-17 aircraft, Global Hawk
    Unmanned Aerial Vehicle and F-22 aircraft may be obligated until all C-
    17, Global Hawk and F-22 contracts funded with prior year ``Aircraft
    Procurement, Air Force'' appropriated funds are definitized unless the
    Secretary of the Air Force certifies in writing to the congressional
    defense committees that each such obligation is necessary to meet the
    needs of a warfighting requirement or prevents increased costs to the
    taxpayer, and provides the reasons for failing to definitize the prior
    year contracts along with the prospective contract definitization
    schedule: Provided further, That the Secretary of the Air Force shall
    expand the current HH-60 Operational Loss Replacement program to meet
    the approved HH-60 Recapitalization program requirements.

                         Missile Procurement, Air Force

        For construction, procurement, and modification of missiles,
    spacecraft, rockets, and related equipment, including spare parts and
    accessories therefor, ground handling equipment, and training devices;
    expansion of public and private plants, Government-owned equipment and
    installation thereof in such plants, erection of structures, and
    acquisition of land, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; reserve plant and Government and
    contractor-owned equipment layaway; and other expenses necessary for
    the foregoing purposes including rents and transportation of things,
    $5,430,764,000, to remain available for obligation until September 30,
    2013.

                      Procurement of Ammunition, Air Force

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including
    ammunition facilities, authorized by section 2854 of title 10, United
    States Code, and the land necessary therefor, for the foregoing
    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine
    tools in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway; and other expenses necessary for
    the foregoing purposes, $735,487,000, to remain available for
    obligation until September 30, 2013.

                          Other Procurement, Air Force

                         (including transfer of funds)

        For procurement and modification of equipment (including ground
    guidance and electronic control equipment, and ground electronic and
    communication equipment), and supplies, materials, and spare parts
    therefor, not otherwise provided for; the purchase of passenger motor
    vehicles for replacement only, and the purchase of two vehicles
    required for physical security of personnel, notwithstanding price
    limitations applicable to passenger vehicles but not to exceed $250,000
    per vehicle; lease of passenger motor vehicles; and expansion of public
    and private plants, Government-owned equipment and installation thereof
    in such plants, erection of structures, and acquisition of land, for
    the foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon, prior to approval of
    title; reserve plant and Government and contractor-owned equipment
    layaway, $17,598,331,000, to remain available for obligation until
    September 30, 2013: Provided, That of the funds made available in this
    paragraph, $15,000,000 shall be made available to procure equipment,
    not otherwise provided for, and may be transferred to other procurement
    accounts available to the Department of the Air Force, and that funds
    so transferred shall be available for the same purposes and the same
    time period as the account to which transferred.

                           Procurement, Defense-Wide

                         (including transfer of funds)

        For expenses of activities and agencies of the Department of
    Defense (other than the military departments) necessary for
    procurement, production, and modification of equipment, supplies,
    materials, and spare parts therefor, not otherwise provided for; the
    purchase of passenger motor vehicles for replacement only; expansion of
    public and private plants, equipment, and installation thereof in such
    plants, erection of structures, and acquisition of land for the
    foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title; reserve plant and Government and contractor-owned equipment
    layaway, $4,042,241,000, to remain available for obligation until
    September 30, 2013: Provided, That of the funds made available in this
    paragraph, $15,000,000 shall be made available to procure equipment,
    not otherwise provided for, and may be transferred to other procurement
    accounts available to the Department of Defense, and that funds so
    transferred shall be available for the same purposes and the same time
    period as the account to which transferred.

                        Defense Production Act Purchases

        For activities by the Department of Defense pursuant to sections
    108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
    App. 2078, 2091, 2092, and 2093), $74,906,000, to remain available
    until expended.

                                    TITLE IV

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                Research, Development, Test and Evaluation, Army

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance,
    rehabilitation, lease, and operation of facilities and equipment,
    $10,775,081,000, 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,
    $18,447,913,000, to remain available for obligation until September 30,
    2012: Provided, That funds appropriated in this paragraph which are
    available for the V-22 may be used to meet unique operational
    requirements of the Special Operations Forces: Provided further, That
    funds appropriated in this paragraph shall be available for the Cobra
    Judy program.

             Research, Development, Test and Evaluation, Air Force

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance,
    rehabilitation, lease, and operation of facilities and equipment,
    $27,006,965,000, 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, $21,171,272,000, to remain
    available for obligation until September 30, 2012: Provided, That of
    the funds made available in this paragraph, $3,200,000 shall only be
    available for program management and oversight of innovative research
    and development.

                    Operational Test and Evaluation, Defense

        For expenses, not otherwise provided for, necessary for the
    independent activities of the Director, Operational Test and
    Evaluation, in the direction and supervision of operational test and
    evaluation, including initial operational test and evaluation which is
    conducted prior to, and in support of, production decisions; joint
    operational testing and evaluation; and administrative expenses in
    connection therewith, $194,910,000, to remain available for obligation
    until September 30, 2012.

                                    TITLE V

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

        For the Defense Working Capital Funds, $1,434,536,000.

                         National Defense Sealift Fund

        For National Defense Sealift Fund programs, projects, and
    activities, and for expenses of the National Defense Reserve Fleet, as
    established by section 11 of the Merchant Ship Sales Act of 1946 (50
    U.S.C. App. 1744), and for the necessary expenses to maintain and
    preserve a U.S.-flag merchant fleet to serve the national security
    needs of the United States, $1,077,266,000, to remain available until
    expended: Provided, That none of the funds provided in this paragraph
    shall be used to award a new contract that provides for the acquisition
    of any of the following major components unless such components are
    manufactured in the United States: auxiliary equipment, including
    pumps, for all shipboard services; propulsion system components
    (engines, reduction gears, and propellers); shipboard cranes; and
    spreaders for shipboard cranes: Provided further, That the exercise of
    an option in a contract awarded through the obligation of previously
    appropriated funds shall not be considered to be the award of a new
    contract: Provided further, That the Secretary of the military
    department responsible for such procurement may waive the restrictions
    in the first proviso on a case-by-case basis by certifying in writing
    to the Committees on Appropriations of the House of Representatives and
    the Senate that adequate domestic supplies are not available to meet
    Department of Defense requirements on a timely basis and that such an
    acquisition must be made in order to acquire capability for national
    security purposes.

                                    TITLE VI

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For expenses, not otherwise provided for, for medical and health
    care programs of the Department of Defense as authorized by law,
    $31,460,770,000; of which $29,697,516,000 shall be for operation and
    maintenance, of which not to exceed 1 percent shall remain available
    until September 30, 2012, and of which up to $16,212,121,000 may be
    available for contracts entered into under the TRICARE program; of
    which $534,921,000, to remain available for obligation until September
    30, 2013, shall be for procurement; and of which $1,228,333,000, to
    remain available for obligation until September 30, 2012, shall be for
    research, development, test and evaluation: Provided, That,
    notwithstanding any other provision of law, of the amount made
    available under this heading for research, development, test and
    evaluation, not less than $10,000,000 shall be available for HIV
    prevention educational activities undertaken in connection with United
    States military training, exercises, and humanitarian assistance
    activities conducted primarily in African nations.

               Chemical Agents and Munitions Destruction, Defense

        For expenses, not otherwise provided for, necessary for the
    destruction of the United States stockpile of lethal chemical agents
    and munitions, to include construction of facilities, in accordance
    with the provisions of section 1412 of the Department of Defense
    Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of
    other chemical warfare materials that are not in the chemical weapon
    stockpile, $1,467,307,000, of which $1,067,364,000 shall be for
    operation and maintenance, of which no less than $111,178,000, shall be
    for the Chemical Stockpile Emergency Preparedness Program, consisting
    of $35,130,000 for activities on military installations and
    $76,048,000, to remain available until September 30, 2012, to assist
    State and local governments; $7,132,000 shall be for procurement, to
    remain available until September 30, 2013; and $392,811,000, to remain
    available until September 30, 2012, shall be for research, development,
    test and evaluation, of which $385,868,000 shall only be for the
    Assembled Chemical Weapons Alternatives (ACWA) program.

             Drug Interdiction and Counter-Drug Activities, Defense

                         (including transfer of funds)

        For drug interdiction and counter-drug activities of the Department
    of Defense, for transfer to appropriations available to the Department
    of Defense for military personnel of the reserve components serving
    under the provisions of title 10 and title 32, United States Code; for
    operation and maintenance; for procurement; and for research,
    development, test and evaluation, $1,207,877,000: Provided, That the
    funds appropriated under this heading shall be available for obligation
    for the same time period and for the same purpose as the appropriation
    to which transferred: Provided further, That upon a determination that
    all or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation: Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority contained elsewhere in this Act.

                        Office of the Inspector General

        For expenses and activities of the Office of the Inspector General
    in carrying out the provisions of the Inspector General Act of 1978, as
    amended, $306,794,000, of which $305,794,000 shall be for operation and
    maintenance, of which not to exceed $700,000 is available for
    emergencies and extraordinary expenses to be expended on the approval
    or authority of the Inspector General, and payments may be made on the
    Inspector General's certificate of necessity for confidential military
    purposes; and of which $1,000,000, to remain available until September
    30, 2013, shall be for procurement.

                                   TITLE VII

                                RELATED AGENCIES

       Central Intelligence Agency Retirement and Disability System Fund

        For payment to the Central Intelligence Agency Retirement and
    Disability System Fund, to maintain the proper funding level for
    continuing the operation of the Central Intelligence Agency Retirement
    and Disability System, $292,000,000.

                   Intelligence Community Management Account

        For necessary expenses of the Intelligence Community Management
    Account, $649,732,000.

                                   TITLE VIII

                               GENERAL PROVISIONS

        Sec. 8001.  No part of any appropriation contained in this Act
    shall be used for publicity or propaganda purposes not authorized by
    the Congress.
        Sec. 8002.  During the current fiscal year, provisions of law
    prohibiting the payment of compensation to, or employment of, any
    person not a citizen of the United States shall not apply to personnel
    of the Department of Defense: Provided, That salary increases granted
    to direct and indirect hire foreign national employees of the
    Department of Defense funded by this Act shall not be at a rate in
    excess of the percentage increase authorized by law for civilian
    employees of the Department of Defense whose pay is computed under the
    provisions of section 5332 of title 5, United States Code, or at a rate
    in excess of the percentage increase provided by the appropriate host
    nation to its own employees, whichever is higher: Provided further,
    That, in the case of a host nation that does not provide salary
    increases on an annual basis, any increase granted by that nation shall
    be annualized for the purpose of applying the preceding proviso:
    Provided further, That this section shall not apply to Department of
    Defense foreign service national employees serving at United States
    diplomatic missions whose pay is set by the Department of State under
    the Foreign Service Act of 1980: Provided further, That the limitations
    of this provision shall not apply to foreign national employees of the
    Department of Defense in the Republic of Turkey.
        Sec. 8003.  No part of any appropriation contained in this Act
    shall remain available for obligation beyond the current fiscal year,
    unless expressly so provided herein.
        Sec. 8004.  No more than 20 percent of the appropriations in this
    Act which are limited for obligation during the current fiscal year
    shall be obligated during the last 2 months of the fiscal year:
    Provided, That this section shall not apply to obligations for support
    of active duty training of reserve components or summer camp training
    of the Reserve Officers' Training Corps.

                              (transfer of funds)

        Sec. 8005.  Upon determination by the Secretary of Defense that
    such action is necessary in the national interest, he may, with the
    approval of the Office of Management and Budget, transfer not to exceed
    $4,000,000,000 of working capital funds of the Department of Defense or
    funds made available in this Act to the Department of Defense for
    military functions (except military construction) between such
    appropriations or funds or any subdivision thereof, to be merged with
    and to be available for the same purposes, and for the same time
    period, as the appropriation or fund to which transferred: Provided,
    That such authority to transfer may not be used unless for higher
    priority items, based on unforeseen military requirements, than those
    for which originally appropriated and in no case where the item for
    which funds are requested has been denied by the Congress: Provided
    further, That the Secretary of Defense shall notify the Congress
    promptly of all transfers made pursuant to this authority or any other
    authority in this Act: Provided further, That no part of the funds in
    this Act shall be available to prepare or present a request to the
    Committees on Appropriations for reprogramming of funds, unless for
    higher priority items, based on unforeseen military requirements, than
    those for which originally appropriated and in no case where the item
    for which reprogramming is requested has been denied by the Congress:
    Provided further, That a request for multiple reprogrammings of funds
    using authority provided in this section shall be made prior to June
    30, 2011: Provided further, That transfers among military personnel
    appropriations shall not be taken into account for purposes of the
    limitation on the amount of funds that may be transferred under this
    section.
        Sec. 8006. (a) With regard to the list of specific programs,
    projects, and activities (and the dollar amounts and adjustments to
    budget activities corresponding to such programs, projects, and
    activities) contained in the tables titled ``Explanation of Project
    Level Adjustments'' in the explanatory statement regarding this Act,
    the obligation and expenditure of amounts appropriated or otherwise
    made available in this Act for those programs, projects, and activities
    for which the amounts appropriated exceed the amounts requested are
    hereby required by law to be carried out in the manner provided by such
    tables to the same extent as if the tables were included in the text of
    this Act.
        (b) Amounts specified in the referenced tables described in
    subsection (a) shall not be treated as subdivisions of appropriations
    for purposes of section 8005 of this Act: Provided, That section 8005
    shall apply when transfers of the amounts described in subsection (a)
    occur between appropriation accounts.
        Sec. 8007. (a) Not later than 60 days after enactment of this Act,
    the Department of Defense shall submit a report to the congressional
    defense committees to establish the baseline for application of
    reprogramming and transfer authorities for fiscal year 2011: Provided,
    That the report shall include--
                (1) a table for each appropriation with a separate column
            to display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) a delineation in the table for each appropriation both
            by budget activity and program, project, and activity as
            detailed in the Budget Appendix; and
                (3) an identification of items of special congressional
            interest.
        (b) Notwithstanding section 8005 of this Act, none of the funds
    provided in this Act shall be available for reprogramming or transfer
    until the report identified in subsection (a) is submitted to the
    congressional defense committees, unless the Secretary of Defense
    certifies in writing to the congressional defense committees that such
    reprogramming or transfer is necessary as an emergency requirement.
        Sec. 8008.  The Secretaries of the Air Force and the Army are
    authorized, using funds available under the headings ``Operation and
    Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to
    complete facility conversions and phased repair projects which may
    include upgrades and additions to Alaskan range infrastructure and
    training areas, and improved access to these ranges.

                              (transfer of funds)

        Sec. 8009.  During the current fiscal year, cash balances in
    working capital funds of the Department of Defense established pursuant
    to section 2208 of title 10, United States Code, may be maintained in
    only such amounts as are necessary at any time for cash disbursements
    to be made from such funds: Provided, That transfers may be made
    between such funds: Provided further, That transfers may be made
    between working capital funds and the ``Foreign Currency Fluctuations,
    Defense'' appropriation and the ``Operation and Maintenance''
    appropriation accounts in such amounts as may be determined by the
    Secretary of Defense, with the approval of the Office of Management and
    Budget, except that such transfers may not be made unless the Secretary
    of Defense has notified the Congress of the proposed transfer. Except
    in amounts equal to the amounts appropriated to working capital funds
    in this Act, no obligations may be made against a working capital fund
    to procure or increase the value of war reserve material inventory,
    unless the Secretary of Defense has notified the Congress prior to any
    such obligation.
        Sec. 8010.  Funds appropriated by this Act may not be used to
    initiate a special access program without prior notification 30
    calendar days in advance to the congressional defense committees.
        Sec. 8011.  None of the funds provided in this Act shall be
    available to initiate: (1) a multiyear contract that employs economic
    order quantity procurement in excess of $20,000,000 in any one year of
    the contract or that includes an unfunded contingent liability in
    excess of $20,000,000; or (2) a contract for advance procurement
    leading to a multiyear contract that employs economic order quantity
    procurement in excess of $20,000,000 in any one year, unless the
    congressional defense committees have been notified at least 30 days in
    advance of the proposed contract award: Provided, That no part of any
    appropriation contained in this Act shall be available to initiate a
    multiyear contract for which the economic order quantity advance
    procurement is not funded at least to the limits of the Government's
    liability: Provided further, That no part of any appropriation
    contained in this Act shall be available to initiate multiyear
    procurement contracts for any systems or component thereof if the value
    of the multiyear contract would exceed $500,000,000 unless specifically
    provided in this Act: Provided further, That no multiyear procurement
    contract can be terminated without 10-day prior notification to the
    congressional defense committees: Provided further, That the execution
    of multiyear authority shall require the use of a present value
    analysis to determine lowest cost compared to an annual procurement:
    Provided further, That none of the funds provided in this Act may be
    used for a multiyear contract executed after the date of the enactment
    of this Act unless in the case of any such contract--
                (1) the Secretary of Defense has submitted to Congress a
            budget request for full funding of units to be procured through
            the contract and, in the case of a contract for procurement of
            aircraft, that includes, for any aircraft unit to be procured
            through the contract for which procurement funds are requested
            in that budget request for production beyond advance
            procurement activities in the fiscal year covered by the
            budget, full funding of procurement of such unit in that fiscal
            year;
                (2) cancellation provisions in the contract do not include
            consideration of recurring manufacturing costs of the
            contractor associated with the production of unfunded units to
            be delivered under the contract;
                (3) the contract provides that payments to the contractor
            under the contract shall not be made in advance of incurred
            costs on funded units; and
                (4) the contract does not provide for a price adjustment
            based on a failure to award a follow-on contract.
         Funds appropriated in title III of this Act may be used for a
    multiyear procurement contract as follows:
         Navy MH-60R/S Helicopter Systems.
        Sec. 8012.  Within the funds appropriated for the operation and
    maintenance of the Armed Forces, funds are hereby appropriated pursuant
    to section 401 of title 10, United States Code, for humanitarian and
    civic assistance costs under chapter 20 of title 10, United States
    Code. Such funds may also be obligated for humanitarian and civic
    assistance costs incidental to authorized operations and pursuant to
    authority granted in section 401 of chapter 20 of title 10, United
    States Code, and these obligations shall be reported as required by
    section 401(d) of title 10, United States Code: Provided, That funds
    available for operation and maintenance shall be available for
    providing humanitarian and similar assistance by using Civic Action
    Teams in the Trust Territories of the Pacific Islands and freely
    associated states of Micronesia, pursuant to the Compact of Free
    Association as authorized by Public Law 99-239: Provided further, That
    upon a determination by the Secretary of the Army that such action is
    beneficial for graduate medical education programs conducted at Army
    medical facilities located in Hawaii, the Secretary of the Army may
    authorize the provision of medical services at such facilities and
    transportation to such facilities, on a nonreimbursable basis, for
    civilian patients from American Samoa, the Commonwealth of the Northern
    Mariana Islands, the Marshall Islands, the Federated States of
    Micronesia, Palau, and Guam.
        Sec. 8013. (a) During fiscal year 2011, the civilian personnel of
    the Department of Defense may not be managed on the basis of any end-
    strength, and the management of such personnel during that fiscal year
    shall not be subject to any constraint or limitation (known as an end-
    strength) on the number of such personnel who may be employed on the
    last day of such fiscal year.
        (b) The fiscal year 2012 budget request for the Department of
    Defense as well as all justification material and other documentation
    supporting the fiscal year 2012 Department of Defense budget request
    shall be prepared and submitted to the Congress as if subsections (a)
    and (b) of this provision were effective with regard to fiscal year
    2012.
        (c) Nothing in this section shall be construed to apply to military
    (civilian) technicians.
        Sec. 8014.  None of the funds made available by this Act shall be
    used in any way, directly or indirectly, to influence congressional
    action on any legislation or appropriation matters pending before the
    Congress.
        Sec. 8015.  None of the funds appropriated by this Act shall be
    available for the basic pay and allowances of any member of the Army
    participating as a full-time student and receiving benefits paid by the
    Secretary of Veterans Affairs from the Department of Defense Education
    Benefits Fund when time spent as a full-time student is credited toward
    completion of a service commitment: Provided, That this section shall
    not apply to those members who have reenlisted with this option prior
    to October 1, 1987: Provided further, That this section applies only to
    active components of the Army.
        Sec. 8016. (a) None of the funds appropriated by this Act shall be
    available to convert to contractor performance an activity or function
    of the Department of Defense that, on or after the date of the
    enactment of this Act, is performed by Department of Defense civilian
    employees unless--
                (1) the conversion is based on the result of a public-
            private competition that includes a most efficient and cost
            effective organization plan developed by such activity or
            function;
                (2) the Competitive Sourcing Official determines that, over
            all performance periods stated in the solicitation of offers
            for performance of the activity or function, the cost of
            performance of the activity or function by a contractor would
            be less costly to the Department of Defense by an amount that
            equals or exceeds the lesser of--
                        (A) 10 percent of the most efficient organization's
                    personnel-related costs for performance of that
                    activity or function by Federal employees; or
                        (B) $10,000,000; and
                (3) the contractor does not receive an advantage for a
            proposal that would reduce costs for the Department of Defense
            by--
                        (A) not making an employer-sponsored health
                    insurance plan available to the workers who are to be
                    employed in the performance of that activity or
                    function under the contract; or
                        (B) offering to such workers an employer-sponsored
                    health benefits plan that requires the employer to
                    contribute less towards the premium or subscription
                    share than the amount that is paid by the Department of
                    Defense for health benefits for civilian employees
                    under chapter 89 of title 5, United States Code.
        (b)(1) The Department of Defense, without regard to subsection (a)
    of this section or subsection (a), (b), or (c) of section 2461 of title
    10, United States Code, and notwithstanding any administrative
    regulation, requirement, or policy to the contrary shall have full
    authority to enter into a contract for the performance of any
    commercial or industrial type function of the Department of Defense
    that--
                        (A) is included on the procurement list established
                    pursuant to section 2 of the Javits-Wagner-O'Day Act
                    (41 U.S.C. 47);
                        (B) is planned to be converted to performance by a
                    qualified nonprofit agency for the blind or by a
                    qualified nonprofit agency for other severely
                    handicapped individuals in accordance with that Act; or
                        (C) is planned to be converted to performance by a
                    qualified firm under at least 51 percent ownership by
                    an Indian tribe, as defined in section 4(e) of the
                    Indian Self-Determination and Education Assistance Act
                    (25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
                    as defined in section 8(a)(15) of the Small Business
                    Act (15 U.S.C. 637(a)(15)).
                (2) This section shall not apply to depot contracts or
            contracts for depot maintenance as provided in sections 2469
            and 2474 of title 10, United States Code.
        (c) The conversion of any activity or function of the Department of
    Defense under the authority provided by this section shall be credited
    toward any competitive or outsourcing goal, target, or measurement that
    may be established by statute, regulation, or policy and is deemed to
    be awarded under the authority of, and in compliance with, subsection
    (h) of section 2304 of title 10, United States Code, for the
    competition or outsourcing of commercial activities.

                              (transfer of funds)

        Sec. 8017.  Funds appropriated in title III of this Act for the
    Department of Defense Pilot Mentor-Protege Program may be transferred
    to any other appropriation contained in this Act solely for the purpose
    of implementing a Mentor-Protege Program developmental assistance
    agreement pursuant to section 831 of the National Defense Authorization
    Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
    amended, under the authority of this provision or any other transfer
    authority contained in this Act.
        Sec. 8018.  None of the funds in this Act may be available for the
    purchase by the Department of Defense (and its departments and
    agencies) of welded shipboard anchor and mooring chain 4 inches in
    diameter and under unless the anchor and mooring chain are manufactured
    in the United States from components which are substantially
    manufactured in the United States: Provided, That for the purpose of
    this section, the term ``manufactured'' shall include cutting, heat
    treating, quality control, testing of chain and welding (including the
    forging and shot blasting process): Provided further, That for the
    purpose of this section substantially all of the components of anchor
    and mooring chain shall be considered to be produced or manufactured in
    the United States if the aggregate cost of the components produced or
    manufactured in the United States exceeds the aggregate cost of the
    components produced or manufactured outside the United States: Provided
    further, That when adequate domestic supplies are not available to meet
    Department of Defense requirements on a timely basis, the Secretary of
    the service responsible for the procurement may waive this restriction
    on a case-by-case basis by certifying in writing to the Committees on
    Appropriations that such an acquisition must be made in order to
    acquire capability for national security purposes.
        Sec. 8019.  None of the funds available to the Department of
    Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
    Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
    M-1911 pistols, or to demilitarize or destroy small arms ammunition or
    ammunition components that are not otherwise prohibited from commercial
    sale under Federal law, unless the small arms ammunition or ammunition
    components are certified by the Secretary of the Army or designee as
    unserviceable or unsafe for further use.
        Sec. 8020.  No more than $500,000 of the funds appropriated or made
    available in this Act shall be used during a single fiscal year for any
    single relocation of an organization, unit, activity or function of the
    Department of Defense into or within the National Capital Region:
    Provided, That the Secretary of Defense may waive this restriction on a
    case-by-case basis by certifying in writing to the congressional
    defense committees that such a relocation is required in the best
    interest of the Government.
        Sec. 8021.  In addition to the funds provided elsewhere in this
    Act, $15,000,000 is appropriated only for incentive payments authorized
    by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
    Provided, That a prime contractor or a subcontractor at any tier that
    makes a subcontract award to any subcontractor or supplier as defined
    in section 1544 of title 25, United States Code, or a small business
    owned and controlled by an individual or individuals defined under
    section 4221(9) of title 25, United States Code, shall be considered a
    contractor for the purposes of being allowed additional compensation
    under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
    whenever the prime contract or subcontract amount is over $500,000 and
    involves the expenditure of funds appropriated by an Act making
    Appropriations for the Department of Defense with respect to any fiscal
    year: Provided further, That notwithstanding section 430 of title 41,
    United States Code, this section shall be applicable to any Department
    of Defense acquisition of supplies or services, including any contract
    and any subcontract at any tier for acquisition of commercial items
    produced or manufactured, in whole or in part by any subcontractor or
    supplier defined in section 1544 of title 25, United States Code, or a
    small business owned and controlled by an individual or individuals
    defined under section 4221(9) of title 25, United States Code.
        Sec. 8022.  Funds appropriated by this Act for the Defense Media
    Activity shall not be used for any national or international political
    or psychological activities.
        Sec. 8023.  During the current fiscal year, the Department of
    Defense is authorized to incur obligations of not to exceed
    $350,000,000 for purposes specified in section 2350j(c) of title 10,
    United States Code, in anticipation of receipt of contributions, only
    from the Government of Kuwait, under that section: Provided, That upon
    receipt, such contributions from the Government of Kuwait shall be
    credited to the appropriations or fund which incurred such obligations.
        Sec. 8024. (a) Of the funds made available in this Act, not less
    than $30,374,000 shall be available for the Civil Air Patrol
    Corporation, of which--
                (1) $27,048,000 shall be available from ``Operation and
            Maintenance, Air Force'' to support Civil Air Patrol
            Corporation operation and maintenance, readiness, counterdrug
            activities, and drug demand reduction activities involving
            youth programs;
                (2) $2,424,000 shall be available from ``Aircraft
            Procurement, Air Force''; and
                (3) $902,000 shall be available from ``Other Procurement,
            Air Force'' for vehicle procurement.
        (b) The Secretary of the Air Force should waive reimbursement for
    any funds used by the Civil Air Patrol for counter-drug activities in
    support of Federal, State, and local government agencies.
        Sec. 8025. (a) None of the funds appropriated in this Act are
    available to establish a new Department of Defense (department)
    federally funded research and development center (FFRDC), either as a
    new entity, or as a separate entity administrated by an organization
    managing another FFRDC, or as a nonprofit membership corporation
    consisting of a consortium of other FFRDCs and other nonprofit
    entities.
        (b) No member of a Board of Directors, Trustees, Overseers,
    Advisory Group, Special Issues Panel, Visiting Committee, or any
    similar entity of a defense FFRDC, and no paid consultant to any
    defense FFRDC, except when acting in a technical advisory capacity, may
    be compensated for his or her services as a member of such entity, or
    as a paid consultant by more than one FFRDC in a fiscal year: Provided,
    That a member of any such entity referred to previously in this
    subsection shall be allowed travel expenses and per diem as authorized
    under the Federal Joint Travel Regulations, when engaged in the
    performance of membership duties.
        (c) Notwithstanding any other provision of law, none of the funds
    available to the department from any source during fiscal year 2011 may
    be used by a defense FFRDC, through a fee or other payment mechanism,
    for construction of new buildings, for payment of cost sharing for
    projects funded by Government grants, for absorption of contract
    overruns, or for certain charitable contributions, not to include
    employee participation in community service and/or development.
        (d) Notwithstanding any other provision of law, of the funds
    available to the department during fiscal year 2011, not more than
    5,750 staff years of technical effort (staff years) may be funded for
    defense FFRDCs: Provided, That of the specific amount referred to
    previously in this subsection, not more than 1,125 staff years may be
    funded for the defense studies and analysis FFRDCs: Provided further,
    That this subsection shall not apply to staff years funded in the
    National Intelligence Program (NIP) and the Military Intelligence
    Program (MIP).
        (e) The Secretary of Defense shall, with the submission of the
    department's fiscal year 2012 budget request, submit a report
    presenting the specific amounts of staff years of technical effort to
    be allocated for each defense FFRDC during that fiscal year and the
    associated budget estimates.
        (f) Notwithstanding any other provision of this Act, the total
    amount appropriated in this Act for FFRDCs is hereby reduced by
    $125,000,000.
        Sec. 8026.  None of the funds appropriated or made available in
    this Act shall be used to procure carbon, alloy or armor steel plate
    for use in any Government-owned facility or property under the control
    of the Department of Defense which were not melted and rolled in the
    United States or Canada: Provided, That these procurement restrictions
    shall apply to any and all Federal Supply Class 9515, American Society
    of Testing and Materials (ASTM) or American Iron and Steel Institute
    (AISI) specifications of carbon, alloy or armor steel plate: Provided
    further, That the Secretary of the military department responsible for
    the procurement may waive this restriction on a case-by-case basis by
    certifying in writing to the Committees on Appropriations of the House
    of Representatives and the Senate that adequate domestic supplies are
    not available to meet Department of Defense requirements on a timely
    basis and that such an acquisition must be made in order to acquire
    capability for national security purposes: Provided further, That these
    restrictions shall not apply to contracts which are in being as of the
    date of the enactment of this Act.
        Sec. 8027.  For the purposes of this Act, the term ``congressional
    defense committees'' means the Armed Services Committee of the House of
    Representatives, the Armed Services Committee of the Senate, the
    Subcommittee on Defense of the Committee on Appropriations of the
    Senate, and the Subcommittee on Defense of the Committee on
    Appropriations of the House of Representatives.
        Sec. 8028.  During the current fiscal year, the Department of
    Defense may acquire the modification, depot maintenance and repair of
    aircraft, vehicles and vessels as well as the production of components
    and other Defense-related articles, through competition between
    Department of Defense depot maintenance activities and private firms:
    Provided, That the Senior Acquisition Executive of the military
    department or Defense Agency concerned, with power of delegation, shall
    certify that successful bids include comparable estimates of all direct
    and indirect costs for both public and private bids: Provided further,
    That Office of Management and Budget Circular A-76 shall not apply to
    competitions conducted under this section.
        Sec. 8029. (a)(1) If the Secretary of Defense, after consultation
    with the United States Trade Representative, determines that a foreign
    country which is party to an agreement described in paragraph (2) has
    violated the terms of the agreement by discriminating against certain
    types of products produced in the United States that are covered by the
    agreement, the Secretary of Defense shall rescind the Secretary's
    blanket waiver of the Buy American Act with respect to such types of
    products produced in that foreign country.
        (2) An agreement referred to in paragraph (1) is any reciprocal
    defense procurement memorandum of understanding, between the United
    States and a foreign country pursuant to which the Secretary of Defense
    has prospectively waived the Buy American Act for certain products in
    that country.
        (b) The Secretary of Defense shall submit to the Congress a report
    on the amount of Department of Defense purchases from foreign entities
    in fiscal year 2011. Such report shall separately indicate the dollar
    value of items for which the Buy American Act was waived pursuant to
    any agreement described in subsection (a)(2), the Trade Agreement Act
    of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
    which the United States is a party.
        (c) For purposes of this section, the term ``Buy American Act''
    means title III of the Act entitled ``An Act making appropriations for
    the Treasury and Post Office Departments for the fiscal year ending
    June 30, 1934, and for other purposes'', approved March 3, 1933 (41
    U.S.C. 10a et seq.).
        Sec. 8030.  During the current fiscal year, amounts contained in
    the Department of Defense Overseas Military Facility Investment
    Recovery Account established by section 2921(c)(1) of the National
    Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
    note) shall be available until expended for the payments specified by
    section 2921(c)(2) of that Act.
        Sec. 8031. (a) Notwithstanding any other provision of law, the
    Secretary of the Air Force may convey at no cost to the Air Force,
    without consideration, to Indian tribes located in the States of
    Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
    and Washington relocatable military housing units located at Grand
    Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
    Base, Ellsworth Air Force Base, and Minot Air Force Base that are
    excess to the needs of the Air Force.
        (b) The Secretary of the Air Force shall convey, at no cost to the
    Air Force, military housing units under subsection (a) in accordance
    with the request for such units that are submitted to the Secretary by
    the Operation Walking Shield Program on behalf of Indian tribes located
    in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
    Oregon, Minnesota, and Washington. Any such conveyance shall be subject
    to the condition that the housing units shall be removed within a
    reasonable period of time, as determined by the Secretary.
        (c) The Operation Walking Shield Program shall resolve any
    conflicts among requests of Indian tribes for housing units under
    subsection (a) before submitting requests to the Secretary of the Air
    Force under subsection (b).
        (d) In this section, the term ``Indian tribe'' means any recognized
    Indian tribe included on the current list published by the Secretary of
    the Interior under section 104 of the Federally Recognized Indian Tribe
    Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
        Sec. 8032.  During the current fiscal year, appropriations which
    are available to the Department of Defense for operation and
    maintenance may be used to purchase items having an investment item
    unit cost of not more than $250,000.
        Sec. 8033. (a) During the current fiscal year, none of the
    appropriations or funds available to the Department of Defense Working
    Capital Funds shall be used for the purchase of an investment item for
    the purpose of acquiring a new inventory item for sale or anticipated
    sale during the current fiscal year or a subsequent fiscal year to
    customers of the Department of Defense Working Capital Funds if such an
    item would not have been chargeable to the Department of Defense
    Business Operations Fund during fiscal year 1994 and if the purchase of
    such an investment item would be chargeable during the current fiscal
    year to appropriations made to the Department of Defense for
    procurement.
        (b) The fiscal year 2012 budget request for the Department of
    Defense as well as all justification material and other documentation
    supporting the fiscal year 2012 Department of Defense budget shall be
    prepared and submitted to the Congress on the basis that any equipment
    which was classified as an end item and funded in a procurement
    appropriation contained in this Act shall be budgeted for in a proposed
    fiscal year 2012 procurement appropriation and not in the supply
    management business area or any other area or category of the
    Department of Defense Working Capital Funds.
        Sec. 8034.  None of the funds appropriated by this Act for programs
    of the Central Intelligence Agency shall remain available for
    obligation beyond the current fiscal year, except for funds
    appropriated for the Reserve for Contingencies, which shall remain
    available until September 30, 2012: Provided, That funds appropriated,
    transferred, or otherwise credited to the Central Intelligence Agency
    Central Services Working Capital Fund during this or any prior or
    subsequent fiscal year shall remain available until expended: Provided
    further, That any funds appropriated or transferred to the Central
    Intelligence Agency for advanced research and development acquisition,
    for agent operations, and for covert action programs authorized by the
    President under section 503 of the National Security Act of 1947, as
    amended, shall remain available until September 30, 2012.
        Sec. 8035.  Notwithstanding any other provision of law, funds made
    available in this Act for the Defense Intelligence Agency may be used
    for the design, development, and deployment of General Defense
    Intelligence Program intelligence communications and intelligence
    information systems for the Services, the Unified and Specified
    Commands, and the component commands.
        Sec. 8036.  Of the funds appropriated to the Department of Defense
    under the heading ``Operation and Maintenance, Defense-Wide'', not less
    than $12,000,000 shall be made available only for the mitigation of
    environmental impacts, including training and technical assistance to
    tribes, related administrative support, the gathering of information,
    documenting of environmental damage, and developing a system for
    prioritization of mitigation and cost to complete estimates for
    mitigation, on Indian lands resulting from Department of Defense
    activities.
        Sec. 8037. (a) None of the funds appropriated in this Act may be
    expended by an entity of the Department of Defense unless the entity,
    in expending the funds, complies with the Buy American Act. For
    purposes of this subsection, the term ``Buy American Act'' means title
    III of the Act entitled ``An Act making appropriations for the Treasury
    and Post Office Departments for the fiscal year ending June 30, 1934,
    and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
    seq.).
        (b) If the Secretary of Defense determines that a person has been
    convicted of intentionally affixing a label bearing a ``Made in
    America'' inscription to any product sold in or shipped to the United
    States that is not made in America, the Secretary shall determine, in
    accordance with section 2410f of title 10, United States Code, whether
    the person should be debarred from contracting with the Department of
    Defense.
        (c) In the case of any equipment or products purchased with
    appropriations provided under this Act, it is the sense of the Congress
    that any entity of the Department of Defense, in expending the
    appropriation, purchase only American-made equipment and products,
    provided that American-made equipment and products are cost-
    competitive, quality competitive, and available in a timely fashion.
        Sec. 8038.  None of the funds appropriated by this Act shall be
    available for a contract for studies, analysis, or consulting services
    entered into without competition on the basis of an unsolicited
    proposal unless the head of the activity responsible for the
    procurement determines--
                (1) as a result of thorough technical evaluation, only one
            source is found fully qualified to perform the proposed work;
                (2) the purpose of the contract is to explore an
            unsolicited proposal which offers significant scientific or
            technological promise, represents the product of original
            thinking, and was submitted in confidence by one source; or
                (3) the purpose of the contract is to take advantage of
            unique and significant industrial accomplishment by a specific
            concern, or to insure that a new product or idea of a specific
            concern is given financial support: Provided, That this
            limitation shall not apply to contracts in an amount of less
            than $25,000, contracts related to improvements of equipment
            that is in development or production, or contracts as to which
            a civilian official of the Department of Defense, who has been
            confirmed by the Senate, determines that the award of such
            contract is in the interest of the national defense.
        Sec. 8039. (a) Except as provided in subsections (b) and (c), none
    of the funds made available by this Act may be used--
                (1) to establish a field operating agency; or
                (2) to pay the basic pay of a member of the Armed Forces or
            civilian employee of the department who is transferred or
            reassigned from a headquarters activity if the member or
            employee's place of duty remains at the location of that
            headquarters.
        (b) The Secretary of Defense or Secretary of a military department
    may waive the limitations in subsection (a), on a case-by-case basis,
    if the Secretary determines, and certifies to the Committees on
    Appropriations of the House of Representatives and Senate that the
    granting of the waiver will reduce the personnel requirements or the
    financial requirements of the department.
        (c) This section does not apply to--
                (1) field operating agencies funded within the National
            Intelligence Program; or
                (2) an Army field operating agency established to
            eliminate, mitigate, or counter the effects of improvised
            explosive devices, and, as determined by the Secretary of the
            Army, other similar threats; or
                (3) an Army field operating agency established to improve
            the effectiveness and efficiencies of biometric activities and
            to integrate common biometric technologies throughout the
            Department of Defense.
        Sec. 8040.  The Secretary of Defense, notwithstanding any other
    provision of law, acting through the Office of Economic Adjustment of
    the Department of Defense, may use funds made available in this Act
    under the heading ``Operation and Maintenance, Defense-Wide'' to make
    grants and supplement other Federal funds in accordance with the
    guidance provided in the explanatory statement regarding this Act.

                                 (rescissions)

        Sec. 8041.  Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:
                ``Procurement of Weapons and Tracked Combat Vehicles, Army,
            2009/2011'', $86,300,000;
                ``Other Procurement, Army, 2009/2011'', $147,600,000;
                ``Aircraft Procurement, Navy, 2009/2011'', $26,100,000;
                ``Aircraft Procurement, Air Force, 2009/2011'',
            $116,900,000;
                ``Aircraft Procurement, Army, 2010/2012'', $14,000,000;
                ``Procurement of Weapons and Tracked Combat Vehicles, Army,
            2010/2012'', $36,000,000;
                ``Missile Procurement, Army, 2010/2012'', $9,171,000;
                ``Aircraft Procurement, Navy, 2010/2012'', $184,847,000;
                ``Procurement of Ammunition, Navy and Marine Corps, 2010/
            2012'', $11,576,000;
                Under the heading, ``Shipbuilding and Conversion, Navy,
            2010/2014'': DDG-51 Destroyer, $22,000,000;
                ``Other Procurement, Navy, 2010/2012'', $9,042,000;
                ``Aircraft Procurement, Air Force, 2010/2012'',
            $151,300,000;
                ``Other Procurement, Air Force, 2010/2012'', $36,600,000;
                ``Research, Development, Test and Evaluation, Army, 2010/
            2011'', $53,500,000;
                ``Research, Development, Test and Evaluation, Air Force,
            2010/2011'', $198,600,000; and
                ``Research, Development, Test and Evaluation, Defense-Wide,
            2010/2011'', $10,000,000.
        Sec. 8042.  None of the funds available in this Act may be used to
    reduce the authorized positions for military (civilian) technicians of
    the Army National Guard, Air National Guard, Army Reserve and Air Force
    Reserve for the purpose of applying any administratively imposed
    civilian personnel ceiling, freeze, or reduction on military (civilian)
    technicians, unless such reductions are a direct result of a reduction
    in military force structure.
        Sec. 8043.  None of the funds appropriated or otherwise made
    available in this Act may be obligated or expended for assistance to
    the Democratic People's Republic of Korea unless specifically
    appropriated for that purpose.
        Sec. 8044.  Funds appropriated in this Act for operation and
    maintenance of the Military Departments, Combatant Commands and Defense
    Agencies shall be available for reimbursement of pay, allowances and
    other expenses which would otherwise be incurred against appropriations
    for the National Guard and Reserve when members of the National Guard
    and Reserve provide intelligence or counterintelligence support to
    Combatant Commands, Defense Agencies and Joint Intelligence Activities,
    including the activities and programs included within the National
    Intelligence Program and the Military Intelligence Program: Provided,
    That nothing in this section authorizes deviation from established
    Reserve and National Guard personnel and training procedures.
        Sec. 8045.  During the current fiscal year, none of the funds
    appropriated in this Act may be used to reduce the civilian medical and
    medical support personnel assigned to military treatment facilities
    below the September 30, 2003, level: Provided, That the Service
    Surgeons General may waive this section by certifying to the
    congressional defense committees that the beneficiary population is
    declining in some catchment areas and civilian strength reductions may
    be consistent with responsible resource stewardship and capitation-
    based budgeting.
        Sec. 8046. (a) None of the funds available to the Department of
    Defense for any fiscal year for drug interdiction or counter-drug
    activities may be transferred to any other department or agency of the
    United States except as specifically provided in an appropriations law.
        (b) None of the funds available to the Central Intelligence Agency
    for any fiscal year for drug interdiction and counter-drug activities
    may be transferred to any other department or agency of the United
    States except as specifically provided in an appropriations law.
        Sec. 8047.  None of the funds appropriated by this Act may be used
    for the procurement of ball and roller bearings other than those
    produced by a domestic source and of domestic origin: Provided, That
    the Secretary of the military department responsible for such
    procurement may waive this restriction on a case-by-case basis by
    certifying in writing to the Committees on Appropriations of the House
    of Representatives and the Senate, that adequate domestic supplies are
    not available to meet Department of Defense requirements on a timely
    basis and that such an acquisition must be made in order to acquire
    capability for national security purposes: Provided further, That this
    restriction shall not apply to the purchase of ``commercial items'', as
    defined by section 4(12) of the Office of Federal Procurement Policy
    Act, except that the restriction shall apply to ball or roller bearings
    purchased as end items.
        Sec. 8048.  None of the funds in this Act may be used to purchase
    any supercomputer which is not manufactured in the United States,
    unless the Secretary of Defense certifies to the congressional defense
    committees that such an acquisition must be made in order to acquire
    capability for national security purposes that is not available from
    United States manufacturers.
        Sec. 8049.  None of the funds made available in this or any other
    Act may be used to pay the salary of any officer or employee of the
    Department of Defense who approves or implements the transfer of
    administrative responsibilities or budgetary resources of any program,
    project, or activity financed by this Act to the jurisdiction of
    another Federal agency not financed by this Act without the express
    authorization of Congress: Provided, That this limitation shall not
    apply to transfers of funds expressly provided for in Defense
    Appropriations Acts, or provisions of Acts providing supplemental
    appropriations for the Department of Defense.
        Sec. 8050. (a) Notwithstanding any other provision of law, none of
    the funds available to the Department of Defense for the current fiscal
    year may be obligated or expended to transfer to another nation or an
    international organization any defense articles or services (other than
    intelligence services) for use in the activities described in
    subsection (b) unless the congressional defense committees, the
    Committee on Foreign Affairs of the House of Representatives, and the
    Committee on Foreign Relations of the Senate are notified 15 days in
    advance of such transfer.
        (b) This section applies to--
                (1) any international peacekeeping or peace-enforcement
            operation under the authority of chapter VI or chapter VII of
            the United Nations Charter under the authority of a United
            Nations Security Council resolution; and
                (2) any other international peacekeeping, peace-
            enforcement, or humanitarian assistance operation.
        (c) A notice under subsection (a) shall include the following--
                (1) A description of the equipment, supplies, or services
            to be transferred.
                (2) A statement of the value of the equipment, supplies, or
            services to be transferred.
                (3) In the case of a proposed transfer of equipment or
            supplies--
                        (A) a statement of whether the inventory
                    requirements of all elements of the Armed Forces
                    (including the reserve components) for the type of
                    equipment or supplies to be transferred have been met;
                    and
                        (B) a statement of whether the items proposed to be
                    transferred will have to be replaced and, if so, how
                    the President proposes to provide funds for such
                    replacement.
        Sec. 8051.  None of the funds available to the Department of
    Defense under this Act shall be obligated or expended to pay a
    contractor under a contract with the Department of Defense for costs of
    any amount paid by the contractor to an employee when--
                (1) such costs are for a bonus or otherwise in excess of
            the normal salary paid by the contractor to the employee; and
                (2) such bonus is part of restructuring costs associated
            with a business combination.

                         (including transfer of funds)

        Sec. 8052.  During the current fiscal year, no more than
    $30,000,000 of appropriations made in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'' may be transferred to
    appropriations available for the pay of military personnel, to be
    merged with, and to be available for the same time period as the
    appropriations to which transferred, to be used in support of such
    personnel in connection with support and services for eligible
    organizations and activities outside the Department of Defense pursuant
    to section 2012 of title 10, United States Code.
        Sec. 8053.  During the current fiscal year, in the case of an
    appropriation account of the Department of Defense for which the period
    of availability for obligation has expired or which has closed under
    the provisions of section 1552 of title 31, United States Code, and
    which has a negative unliquidated or unexpended balance, an obligation
    or an adjustment of an obligation may be charged to any current
    appropriation account for the same purpose as the expired or closed
    account if--
                (1) the obligation would have been properly chargeable
            (except as to amount) to the expired or closed account before
            the end of the period of availability or closing of that
            account;
                (2) the obligation is not otherwise properly chargeable to
            any current appropriation account of the Department of Defense;
            and
                (3) in the case of an expired account, the obligation is
            not chargeable to a current appropriation of the Department of
            Defense under the provisions of section 1405(b)(8) of the
            National Defense Authorization Act for Fiscal Year 1991, Public
            Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
            in the case of an expired account, if subsequent review or
            investigation discloses that there was not in fact a negative
            unliquidated or unexpended balance in the account, any charge
            to a current account under the authority of this section shall
            be reversed and recorded against the expired account: Provided
            further, That the total amount charged to a current
            appropriation under this section may not exceed an amount equal
            to 1 percent of the total appropriation for that account.
        Sec. 8054. (a) Notwithstanding any other provision of law, the
    Chief of the National Guard Bureau may permit the use of equipment of
    the National Guard Distance Learning Project by any person or entity on
    a space-available, reimbursable basis. The Chief of the National Guard
    Bureau shall establish the amount of reimbursement for such use on a
    case-by-case basis.
        (b) Amounts collected under subsection (a) shall be credited to
    funds available for the National Guard Distance Learning Project and be
    available to defray the costs associated with the use of equipment of
    the project under that subsection. Such funds shall be available for
    such purposes without fiscal year limitation.
        Sec. 8055.  Using funds available by this Act or any other Act, the
    Secretary of the Air Force, pursuant to a determination under section
    2690 of title 10, United States Code, may implement cost-effective
    agreements for required heating facility modernization in the
    Kaiserslautern Military Community in the Federal Republic of Germany:
    Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
    Barracks area, such agreements will include the use of United States
    anthracite as the base load energy for municipal district heat to the
    United States Defense installations: Provided further, That at
    Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
    heat may be obtained from private, regional or municipal services, if
    provisions are included for the consideration of United States coal as
    an energy source.
        Sec. 8056.  None of the funds appropriated in title IV of this Act
    may be used to procure end-items for delivery to military forces for
    operational training, operational use or inventory requirements:
    Provided, That this restriction does not apply to end-items used in
    development, prototyping, and test activities preceding and leading to
    acceptance for operational use: Provided further, That this restriction
    does not apply to programs funded within the National Intelligence
    Program: Provided further, That the Secretary of Defense may waive this
    restriction on a case-by-case basis by certifying in writing to the
    Committees on Appropriations of the House of Representatives and the
    Senate that it is in the national security interest to do so.
        Sec. 8057.  None of the funds made available in this Act may be
    used to approve or license the sale of the F-22A advanced tactical
    fighter to any foreign government: Provided, That the Department of
    Defense may conduct or participate in studies, research, design and
    other activities to define and develop a future export version of the
    F-22A that protects classified and sensitive information, technologies
    and U.S. warfighting capabilities.
        Sec. 8058. (a) The Secretary of Defense may, on a case-by-case
    basis, waive with respect to a foreign country each limitation on the
    procurement of defense items from foreign sources provided in law if
    the Secretary determines that the application of the limitation with
    respect to that country would invalidate cooperative programs entered
    into between the Department of Defense and the foreign country, or
    would invalidate reciprocal trade agreements for the procurement of
    defense items entered into under section 2531 of title 10, United
    States Code, and the country does not discriminate against the same or
    similar defense items produced in the United States for that country.
        (b) Subsection (a) applies with respect to--
                (1) contracts and subcontracts entered into on or after the
            date of the enactment of this Act; and
                (2) options for the procurement of items that are exercised
            after such date under contracts that are entered into before
            such date if the option prices are adjusted for any reason
            other than the application of a waiver granted under subsection
            (a).
        (c) Subsection (a) does not apply to a limitation regarding
    construction of public vessels, ball and roller bearings, food, and
    clothing or textile materials as defined by section 11 (chapters 50-65)
    of the Harmonized Tariff Schedule and products classified under
    headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
    7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
    8109, 8211, 8215, and 9404.
        Sec. 8059. (a) None of the funds made available by this Act may be
    used to support any training program involving a unit of the security
    forces or police of a foreign country if the Secretary of Defense has
    received credible information from the Department of State that the
    unit has committed a gross violation of human rights, unless all
    necessary corrective steps have been taken.
        (b) The Secretary of Defense, in consultation with the Secretary of
    State, shall ensure that prior to a decision to conduct any training
    program referred to in subsection (a), full consideration is given to
    all credible information available to the Department of State relating
    to human rights violations by foreign security forces.
        (c) The Secretary of Defense, after consultation with the Secretary
    of State, may waive the prohibition in subsection (a) if he determines
    that such waiver is required by extraordinary circumstances.
        (d) Not more than 15 days after the exercise of any waiver under
    subsection (c), the Secretary of Defense shall submit a report to the
    congressional defense committees describing the extraordinary
    circumstances, the purpose and duration of the training program, the
    United States forces and the foreign security forces involved in the
    training program, and the information relating to human rights
    violations that necessitates the waiver.
        Sec. 8060.  None of the funds appropriated or made available in
    this Act to the Department of the Navy shall be used to develop, lease
    or procure the T-AKE class of ships unless the main propulsion diesel
    engines and propulsors are manufactured in the United States by a
    domestically operated entity: Provided, That the Secretary of Defense
    may waive this restriction on a case-by-case basis by certifying in
    writing to the Committees on Appropriations of the House of
    Representatives and the Senate that adequate domestic supplies are not
    available to meet Department of Defense requirements on a timely basis
    and that such an acquisition must be made in order to acquire
    capability for national security purposes or there exists a significant
    cost or quality difference.
        Sec. 8061.  None of the funds appropriated or otherwise made
    available by this or other Department of Defense Appropriations Acts
    may be obligated or expended for the purpose of performing repairs or
    maintenance to military family housing units of the Department of
    Defense, including areas in such military family housing units that may
    be used for the purpose of conducting official Department of Defense
    business.
        Sec. 8062.  Notwithstanding any other provision of law, funds
    appropriated in this Act under the heading ``Research, Development,
    Test and Evaluation, Defense-Wide'' for any new start advanced concept
    technology demonstration project or joint capability demonstration
    project may only be obligated 30 days after a report, including a
    description of the project, the planned acquisition and transition
    strategy and its estimated annual and total cost, has been provided in
    writing to the congressional defense committees: Provided, That the
    Secretary of Defense may waive this restriction on a case-by-case basis
    by certifying to the congressional defense committees that it is in the
    national interest to do so.
        Sec. 8063.  The Secretary of Defense shall provide a classified
    quarterly report beginning 30 days after enactment of this Act, to the
    House and Senate Appropriations Committees, Subcommittees on Defense on
    certain matters as directed in the classified annex accompanying this
    Act.
        Sec. 8064.  During the current fiscal year, none of the funds
    available to the Department of Defense may be used to provide support
    to another department or agency of the United States if such department
    or agency is more than 90 days in arrears in making payment to the
    Department of Defense for goods or services previously provided to such
    department or agency on a reimbursable basis: Provided, That this
    restriction shall not apply if the department is authorized by law to
    provide support to such department or agency on a nonreimbursable
    basis, and is providing the requested support pursuant to such
    authority: Provided further, That the Secretary of Defense may waive
    this restriction on a case-by-case basis by certifying in writing to
    the Committees on Appropriations of the House of Representatives and
    the Senate that it is in the national security interest to do so.
        Sec. 8065.  Notwithstanding section 12310(b) of title 10, United
    States Code, a Reserve who is a member of the National Guard serving on
    full-time National Guard duty under section 502(f) of title 32, United
    States Code, may perform duties in support of the ground-based elements
    of the National Ballistic Missile Defense System.
        Sec. 8066.  None of the funds provided in this Act may be used to
    transfer to any nongovernmental entity ammunition held by the
    Department of Defense that has a center-fire cartridge and a United
    States military nomenclature designation of ``armor penetrator'',
    ``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
    ``armor-piercing incendiary tracer (API-T)'', except to an entity
    performing demilitarization services for the Department of Defense
    under a contract that requires the entity to demonstrate to the
    satisfaction of the Department of Defense that armor piercing
    projectiles are either: (1) rendered incapable of reuse by the
    demilitarization process; or (2) used to manufacture ammunition
    pursuant to a contract with the Department of Defense or the
    manufacture of ammunition for export pursuant to a License for
    Permanent Export of Unclassified Military Articles issued by the
    Department of State.
        Sec. 8067.  Notwithstanding any other provision of law, the Chief
    of the National Guard Bureau, or his designee, may waive payment of all
    or part of the consideration that otherwise would be required under
    section 2667 of title 10, United States Code, in the case of a lease of
    personal property for a period not in excess of 1 year to any
    organization specified in section 508(d) of title 32, United States
    Code, or any other youth, social, or fraternal nonprofit organization
    as may be approved by the Chief of the National Guard Bureau, or his
    designee, on a case-by-case basis.
        Sec. 8068.  None of the funds appropriated by this Act shall be
    used for the support of any nonappropriated funds activity of the
    Department of Defense that procures malt beverages and wine with
    nonappropriated funds for resale (including such alcoholic beverages
    sold by the drink) on a military installation located in the United
    States unless such malt beverages and wine are procured within that
    State, or in the case of the District of Columbia, within the District
    of Columbia, in which the military installation is located: Provided,
    That in a case in which the military installation is located in more
    than one State, purchases may be made in any State in which the
    installation is located: Provided further, That such local procurement
    requirements for malt beverages and wine shall apply to all alcoholic
    beverages only for military installations in States which are not
    contiguous with another State: Provided further, That alcoholic
    beverages other than wine and malt beverages, in contiguous States and
    the District of Columbia shall be procured from the most competitive
    source, price and other factors considered.
        Sec. 8069.  Funds available to the Department of Defense for the
    Global Positioning System during the current fiscal year, and
    hereafter, may be used to fund civil requirements associated with the
    satellite and ground control segments of such system's modernization
    program.

                         (including transfer of funds)

        Sec. 8070.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Army'', $147,258,300 shall remain
    available until expended: Provided, That notwithstanding any other
    provision of law, the Secretary of Defense is authorized to transfer
    such funds to other activities of the Federal Government: Provided
    further, That the Secretary of Defense is authorized to enter into and
    carry out contracts for the acquisition of real property, construction,
    personal services, and operations related to projects carrying out the
    purposes of this section: Provided further, That contracts entered into
    under the authority of this section may provide for such
    indemnification as the Secretary determines to be necessary: Provided
    further, That projects authorized by this section shall comply with
    applicable Federal, State, and local law to the maximum extent
    consistent with the national security, as determined by the Secretary
    of Defense.
        Sec. 8071.  Section 8106 of the Department of Defense
    Appropriations Act, 1997 (titles I through VIII of the matter under
    subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
    113 note) shall continue in effect to apply to disbursements that are
    made by the Department of Defense in fiscal year 2011.
        Sec. 8072.  In addition to amounts provided elsewhere in this Act,
    $4,000,000 is hereby appropriated to the Department of Defense, to
    remain available for obligation until expended: Provided, That
    notwithstanding any other provision of law, these funds shall be
    available only for a grant to the Fisher House Foundation, Inc., only
    for the construction and furnishing of additional Fisher Houses to meet
    the needs of military family members when confronted with the illness
    or hospitalization of an eligible military beneficiary.

                         (including transfer of funds)

        Sec. 8073.  Of the amounts appropriated in this Act under the
    headings ``Procurement, Defense-Wide'' and ``Research, Development,
    Test and Evaluation, Defense-Wide'', $415,115,000 shall be for the
    Israeli Cooperative Programs: Provided, That of this amount,
    $205,000,000 shall be for the Secretary of Defense to provide to the
    Government of Israel for the procurement of the Iron Dome defense
    system to counter short-range rocket threats, $84,722,000 shall be for
    the Short Range Ballistic Missile Defense (SRBMD) program, including
    cruise missile defense research and development under the SRBMD
    program, $58,966,000 shall be available for an upper-tier component to
    the Israeli Missile Defense Architecture, and $66,427,000 shall be for
    the Arrow System Improvement Program including development of a long
    range, ground and airborne, detection suite, of which $12,000,000 shall
    be for producing Arrow missile components in the United States and
    Arrow missile components in Israel to meet Israel's defense
    requirements, consistent with each nation's laws, regulations and
    procedures: Provided further, That funds made available under this
    provision for production of missiles and missile components may be
    transferred to appropriations available for the procurement of weapons
    and equipment, to be merged with and to be available for the same time
    period and the same purposes as the appropriation to which transferred:
    Provided further, That the transfer authority provided under this
    provision is in addition to any other transfer authority contained in
    this Act.
        Sec. 8074.  None of the funds available to the Department of
    Defense may be obligated to modify command and control relationships to
    give Fleet Forces Command administrative and operational control of
    U.S. Navy forces assigned to the Pacific fleet: Provided, That the
    command and control relationships which existed on October 1, 2004,
    shall remain in force unless changes are specifically authorized in a
    subsequent Act.
        Sec. 8075.  Notwithstanding any other provision of law or
    regulation, the Secretary of Defense may exercise the provisions of
    section 7403(g) of title 38, United States Code, for occupations listed
    in section 7403(a)(2) of title 38, United States Code, as well as the
    following:
                Pharmacists, Audiologists, Psychologists, Social Workers,
            Othotists/Prosthetists, Occupational Therapists, Physical
            Therapists, Rehabilitation Therapists, Respiratory Therapists,
            Speech Pathologists, Dietitian/Nutritionists, Industrial
            Hygienists, Psychology Technicians, Social Service Assistants,
            Practical Nurses, Nursing Assistants, and Dental Hygienists:
                        (A) The requirements of section 7403(g)(1)(A) of
                    title 38, United States Code, shall apply.
                        (B) The limitations of section 7403(g)(1)(B) of
                    title 38, United States Code, shall not apply.
        Sec. 8076.  Funds appropriated by this Act, or made available by
    the transfer of funds in this Act, for intelligence activities are
    deemed to be specifically authorized by the Congress for purposes of
    section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
    fiscal year 2011 until the enactment of the Intelligence Authorization
    Act for Fiscal Year 2011.
        Sec. 8077.  None of the funds provided in this Act shall be
    available for obligation or expenditure through a reprogramming of
    funds that creates or initiates a new program, project, or activity
    unless such program, project, or activity must be undertaken
    immediately in the interest of national security and only after written
    prior notification to the congressional defense committees.
        Sec. 8078.  In addition to funds made available elsewhere in this
    Act, $5,500,000 is hereby appropriated and shall remain available until
    expended to provide assistance, by grant or otherwise (such as the
    provision of funds for information technology and textbook purchases,
    professional development for educators, and student transition support)
    to public schools in states that are considered overseas assignments
    with unusually high concentrations of special needs military dependents
    enrolled: Provided, That up to 2 percent of the total appropriated
    funds under this section shall be available for the administration and
    execution of the programs and/or events that promote the purpose of
    this appropriation: Provided further, That up to 5 percent of the total
    appropriated funds under this section shall be available to public
    schools that have entered into a military partnership: Provided
    further, That $1,000,000 shall be available for a nonprofit trust fund
    to assist in the public-private funding of public school repair and
    maintenance projects: Provided further, That $500,000 shall be
    available to fund an ongoing special education support program in
    public schools with unusually high concentrations of active duty
    military dependents enrolled: Provided further, That to the extent a
    Federal agency provides this assistance by contract, grant, or
    otherwise, it may accept and expend non-Federal funds in combination
    with these Federal funds to provide assistance for the authorized
    purpose.
        Sec. 8079. (a) In addition to the amounts provided elsewhere in
    this Act, $3,200,000 is hereby appropriated to the Department of
    Defense for ``Operation and Maintenance, Army National Guard''. Such
    amount shall be made available to the Secretary of the Army only to
    make a grant in the amount of $3,200,000 to the entity specified in
    subsection (b) to facilitate access by veterans to opportunities for
    skilled employment in the construction industry.
        (b) The entity referred to in subsection (a) is the Center for
    Military Recruitment, Assessment and Veterans Employment, a nonprofit
    labor-management cooperation committee provided for by section
    302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
    186(c)(9)), for the purposes set forth in section 6(b) of the Labor
    Management Cooperation Act of 1978 (29 U.S.C. 175a note).
        Sec. 8080.  The budget of the President for fiscal year 2012
    submitted to the Congress pursuant to section 1105 of title 31, United
    States Code, shall include separate budget justification documents for
    costs of United States Armed Forces' participation in contingency
    operations for the Military Personnel accounts, the Operation and
    Maintenance accounts, and the Procurement accounts: Provided, That
    these documents shall include a description of the funding requested
    for each contingency operation, for each military service, to include
    all Active and Reserve components, and for each appropriations account:
    Provided further, That these documents shall include estimated costs
    for each element of expense or object class, a reconciliation of
    increases and decreases for each contingency operation, and
    programmatic data including, but not limited to, troop strength for
    each Active and Reserve component, and estimates of the major weapons
    systems deployed in support of each contingency: Provided further, That
    these documents shall include budget exhibits OP-5 and OP-32 (as
    defined in the Department of Defense Financial Management Regulation)
    for all contingency operations for the budget year and the two
    preceding fiscal years.
        Sec. 8081.  None of the funds in this Act may be used for research,
    development, test, evaluation, procurement or deployment of nuclear
    armed interceptors of a missile defense system.

                         (including transfer of funds)

        Sec. 8082.  In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act, $65,200,000 is hereby
    appropriated to the Department of Defense: Provided, That the Secretary
    of Defense shall make grants in the amounts specified as follows:
    $20,000,000 to the United Service Organizations; $24,000,000 to the Red
    Cross; $1,200,000 to the Special Olympics; and $20,000,000 to the Youth
    Mentoring Grants Program: Provided further, That funds available in
    this section for the Youth Mentoring Grants Program may be available
    for transfer to the Department of Justice Youth Mentoring Grants
    Program.
        Sec. 8083.  None of the funds appropriated or made available in
    this Act shall be used to reduce or disestablish the operation of the
    53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
    action would reduce the WC-130 Weather Reconnaissance mission below the
    levels funded in this Act: Provided, That the Air Force shall allow the
    53rd Weather Reconnaissance Squadron to perform other missions in
    support of national defense requirements during the non-hurricane
    season.
        Sec. 8084.  None of the funds provided in this Act shall be
    available for integration of foreign intelligence information unless
    the information has been lawfully collected and processed during the
    conduct of authorized foreign intelligence activities: Provided, That
    information pertaining to United States persons shall only be handled
    in accordance with protections provided in the Fourth Amendment of the
    United States Constitution as implemented through Executive Order No.
    12333.
        Sec. 8085. (a) At the time members of reserve components of the
    Armed Forces are called or ordered to active duty under section
    12302(a) of title 10, United States Code, each member shall be notified
    in writing of the expected period during which the member will be
    mobilized.
        (b) The Secretary of Defense may waive the requirements of
    subsection (a) in any case in which the Secretary determines that it is
    necessary to do so to respond to a national security emergency or to
    meet dire operational requirements of the Armed Forces.

                         (including transfer of funds)

        Sec. 8086.  The Secretary of Defense may transfer funds from any
    available Department of the Navy appropriation to any available Navy
    ship construction appropriation for the purpose of liquidating
    necessary changes resulting from inflation, market fluctuations, or
    rate adjustments for any ship construction program appropriated in law:
    Provided, That the Secretary may transfer not to exceed $100,000,000
    under the authority provided by this section: Provided further, That
    the Secretary may not transfer any funds until 30 days after the
    proposed transfer has been reported to the Committees on Appropriations
    of the House of Representatives and the Senate, unless a response from
    the Committees is received sooner: Provided further, That any funds
    transferred pursuant to this section shall retain the same period of
    availability as when originally appropriated: Provided further, That
    the transfer authority provided by this section is in addition to any
    other transfer authority contained elsewhere in this Act.
        Sec. 8087.  For purposes of section 612 of title 41, United States
    Code, any subdivision of appropriations made under the heading
    ``Shipbuilding and Conversion, Navy'' that is not closed at the time
    reimbursement is made shall be available to reimburse the Judgment Fund
    and shall be considered for the same purposes as any subdivision under
    the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
    current fiscal year or any prior fiscal year.
        Sec. 8088. (a) None of the funds appropriated by this Act may be
    used to transfer research and development, acquisition, or other
    program authority relating to current tactical unmanned aerial vehicles
    (TUAVs) from the Army.
        (b) The Army shall retain responsibility for and operational
    control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order
    to support the Secretary of Defense in matters relating to the
    employment of unmanned aerial vehicles.
        Sec. 8089.  Of the funds provided in this Act, $7,080,000 shall be
    available for the operations and development of training and technology
    for the Joint Interagency Training and Education Center and the
    affiliated Center for National Response at the Memorial Tunnel and for
    providing homeland defense/security and traditional warfighting
    training to the Department of Defense, other Federal agencies, and
    State and local first responder personnel at the Joint Interagency
    Training and Education Center.
        Sec. 8090.  Notwithstanding any other provision of law or
    regulation, during the current fiscal year and hereafter, the Secretary
    of Defense may adjust wage rates for civilian employees hired for
    certain health care occupations as authorized for the Secretary of
    Veterans Affairs by section 7455 of title 38, United States Code.
        Sec. 8091.  Up to $15,000,000 of the funds appropriated under the
    heading ``Operation and Maintenance, Navy'' may be made available for
    the Asia Pacific Regional Initiative Program for the purpose of
    enabling the Pacific Command to execute Theater Security Cooperation
    activities such as humanitarian assistance, and payment of incremental
    and personnel costs of training and exercising with foreign security
    forces: Provided, That funds made available for this purpose may be
    used, notwithstanding any other funding authorities for humanitarian
    assistance, security assistance or combined exercise expenses: Provided
    further, That funds may not be obligated to provide assistance to any
    foreign country that is otherwise prohibited from receiving such type
    of assistance under any other provision of law.
        Sec. 8092.  None of the funds appropriated by this Act for programs
    of the Office of the Director of National Intelligence shall remain
    available for obligation beyond the current fiscal year, except for
    funds appropriated for research and technology, which shall remain
    available until September 30, 2012.
        Sec. 8093.  For purposes of section 1553(b) of title 31, United
    States Code, any subdivision of appropriations made in this Act under
    the heading ``Shipbuilding and Conversion, Navy'' shall be considered
    to be for the same purpose as any subdivision under the heading
    ``Shipbuilding and Conversion, Navy'' appropriations in any prior
    fiscal year, and the 1 percent limitation shall apply to the total
    amount of the appropriation.
        Sec. 8094.  Notwithstanding any other provision of law, not more
    than 35 percent of funds provided in this Act for environmental
    remediation may be obligated under indefinite delivery/indefinite
    quantity contracts with a total contract value of $130,000,000 or
    higher.
        Sec. 8095.  The Director of National Intelligence shall include the
    budget exhibits identified in paragraphs (1) and (2) as described in
    the Department of Defense Financial Management Regulation with the
    congressional budget justification books.
                (1) For procurement programs requesting more than
            $20,000,000 in any fiscal year, the P-1, Procurement Program;
            P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
            21, Production Schedule; and P-40, Budget Item Justification.
                (2) For research, development, test and evaluation projects
            requesting more than $10,000,000 in any fiscal year, the R-1,
            RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
            Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
        Sec. 8096.  The Secretary of Defense shall create a major force
    program category for space for each future-years defense program of the
    Department of Defense submitted to Congress under section 221 of title
    10, United States Code, during fiscal year 2011. The Secretary of
    Defense shall designate an official in the Office of the Secretary of
    Defense to provide overall supervision of the preparation and
    justification of program recommendations and budget proposals to be
    included in such major force program category.
        Sec. 8097. (a) Not later than 60 days after enactment of this Act,
    the Office of the Director of National Intelligence shall submit a
    report to the congressional intelligence committees to establish the
    baseline for application of reprogramming and transfer authorities for
    fiscal year 2011: Provided, That the report shall include--
                (1) a table for each appropriation with a separate column
            to display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) a delineation in the table for each appropriation by
            Expenditure Center and project; and
                (3) an identification of items of special congressional
            interest.
        (b) None of the funds provided for the National Intelligence
    Program in this Act shall be available for reprogramming or transfer
    until the report identified in subsection (a) is submitted to the
    congressional intelligence committees, unless the Director of National
    Intelligence certifies in writing to the congressional intelligence
    committees that such reprogramming or transfer is necessary as an
    emergency requirement.
        Sec. 8098.  The Director of National Intelligence shall submit to
    Congress each year, at or about the time that the President's budget is
    submitted to Congress that year under section 1105(a) of title 31,
    United States Code, a future-years intelligence program (including
    associated annexes) reflecting the estimated expenditures and proposed
    appropriations included in that budget. Any such future-years
    intelligence program shall cover the fiscal year with respect to which
    the budget is submitted and at least the four succeeding fiscal years.
        Sec. 8099.  For the purposes of this Act, the term ``congressional
    intelligence committees'' means the Permanent Select Committee on
    Intelligence of the House of Representatives, the Select Committee on
    Intelligence of the Senate, the Subcommittee on Defense of the
    Committee on Appropriations of the House of Representatives, and the
    Subcommittee on Defense of the Committee on Appropriations of the
    Senate.
        Sec. 8100.  The Department of Defense shall continue to report
    incremental contingency operations costs for Operation New Dawn and
    Operation Enduring Freedom on a monthly basis in the Cost of War
    Execution Report as prescribed in the Department of Defense Financial
    Management Regulation Department of Defense Instruction 7000.14, Volume
    12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
    2005.
        Sec. 8101.  The amounts appropriated in title II of this Act are
    hereby reduced by $483,000,000 to reflect excess cash balances in
    Department of Defense Working Capital Funds, as follows: From
    ``Operation and Maintenance, Army'', $483,000,000.

                         (including transfer of funds)

        Sec. 8102.  During the current fiscal year, not to exceed
    $11,000,000 from each of the appropriations made in title II of this
    Act for ``Operation and Maintenance, Army'', ``Operation and
    Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
    be transferred by the military department concerned to its central fund
    established for Fisher Houses and Suites pursuant to section 2493(d) of
    title 10, United States Code.

                         (including transfer of funds)

        Sec. 8103.  Of the funds appropriated in the Intelligence Community
    Management Account for the Program Manager for the Information Sharing
    Environment, $24,000,000 is available for transfer by the Director of
    National Intelligence to other departments and agencies for purposes of
    Government-wide information sharing activities: Provided, That funds
    transferred under this provision are to be merged with and available
    for the same purposes and time period as the appropriation to which
    transferred: Provided further, That the Office of Management and Budget
    must approve any transfers made under this provision.
        Sec. 8104.  Funds appropriated by this Act for operation and
    maintenance may be available for the purpose of making remittances to
    the Defense Acquisition Workforce Development Fund in accordance with
    the requirements of section 1705 of title 10, United States Code.
        Sec. 8105. (a) Any agency receiving funds made available in this
    Act, shall, subject to subsections (b) and (c), post on the public
    website of that agency any report required to be submitted by the
    Congress in this or any other Act, upon the determination by the head
    of the agency that it shall serve the national interest.
        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains proprietary information.
        (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee
    or Committees of Congress for no less than 45 days.
        Sec. 8106. (a) None of the funds appropriated or otherwise made
    available by this Act may be expended for any Federal contract for an
    amount in excess of $1,000,000 unless the contractor agrees not to:
                (1) enter into any agreement with any of its employees or
            independent contractors that requires, as a condition of
            employment, that the employee or independent contractor agree
            to resolve through arbitration any claim under title VII of the
            Civil Rights Act of 1964 or any tort related to or arising out
            of sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention;
            or
                (2) take any action to enforce any provision of an existing
            agreement with an employee or independent contractor that
            mandates that the employee or independent contractor resolve
            through arbitration any claim under title VII of the Civil
            Rights Act of 1964 or any tort related to or arising out of
            sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention.
        (b) None of the funds appropriated or otherwise made available by
    this Act may be expended for any Federal contract unless the contractor
    certifies that it requires each covered subcontractor to agree not to
    enter into, and not to take any action to enforce any provision of, any
    agreement as described in paragraphs (1) and (2) of subsection (a),
    with respect to any employee or independent contractor performing work
    related to such subcontract. For purposes of this subsection, a
    ``covered subcontractor'' is an entity that has a subcontract in excess
    of $1,000,000 on a contract subject to subsection (a).
        (c) The prohibitions in this section do not apply with respect to a
    contractor's or subcontractor's agreements with employees or
    independent contractors that may not be enforced in a court of the
    United States.
        (d) The Secretary of Defense may waive the application of
    subsection (a) or (b) to a particular contractor or subcontractor for
    the purposes of a particular contract or subcontract if the Secretary
    or the Deputy Secretary personally determines that the waiver is
    necessary to avoid harm to national security interests of the United
    States, and that the term of the contract or subcontract is not longer
    than necessary to avoid such harm. The determination shall set forth
    with specificity the grounds for the waiver and for the contract or
    subcontract term selected, and shall state any alternatives considered
    in lieu of a waiver and the reasons each such alternative would not
    avoid harm to national security interests of the United States. The
    Secretary of Defense shall transmit to Congress, and simultaneously
    make public, any determination under this subsection not less than 15
    business days before the contract or subcontract addressed in the
    determination may be awarded.
        (e) By March 1, 2011, or within 60 days after enactment of this
    Act, whichever is later, the Government Accountability Office shall
    submit a report to the Congress evaluating the effect that the
    requirements of this section have had on national security, including
    recommendations, if any, for changes to these requirements.
        Sec. 8107. (a) Prohibition on Conversion of Functions Performed by
    Federal Employees to Contractor Performance.--None of the funds
    appropriated by this Act or otherwise available to the Department of
    Defense may be used to begin or announce the competition to award to a
    contractor or convert to performance by a contractor any functions
    performed by Federal employees pursuant to a study conducted under
    Office of Management and Budget (OMB) Circular A-76.
        (b) Exception.--The prohibition in subsection (a) shall not apply
    to the award of a function to a contractor or the conversion of a
    function to performance by a contractor pursuant to a study conducted
    under Office of Management and Budget (OMB) Circular A-76 once all
    reporting and certifications required by section 325 of the National
    Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have
    been satisfactorily completed.
        Sec. 8108. (a)(1) No National Intelligence Program funds
    appropriated in this Act may be used for a mission critical or mission
    essential business management information technology system that is not
    registered with the Director of National Intelligence. A system shall
    be considered to be registered with that officer upon the furnishing
    notice of the system, together with such information concerning the
    system as the Director of the Business Transformation Office may
    prescribe.
        (2) During the current fiscal year no funds may be obligated or
    expended for a financial management automated information system, a
    mixed information system supporting financial and non-financial
    systems, or a business system improvement of more than $3,000,000,
    within the Intelligence Community without the approval of the Business
    Transformation Office, and the designated Intelligence Community
    functional lead element.
        (b) The Director of the Business Transformation Office shall
    provide the congressional intelligence committees a semi-annual report
    of approvals under paragraph (1) no later than March 30 and September
    30 of each year. The report shall include the results of the Business
    Transformation Investment Review Board's semi-annual activities, and
    each report shall certify that the following steps have been taken for
    systems approved under paragraph (1):
                (1) Business process reengineering.
                (2) An analysis of alternatives and an economic analysis
            that includes a calculation of the return on investment.
                (3) Assurance the system is compatible with the enterprise-
            wide business architecture.
                (4) Performance measures.
                (5) An information assurance strategy consistent with the
            Chief Information Officer of the Intelligence Community.
        (c) This section shall not apply to any programmatic or analytic
    systems or programmatic or analytic system improvements.

                         (including transfer of funds)

        Sec. 8109.  Of the funds appropriated in this Act for the Office of
    the Director of National Intelligence, $50,000,000, may be transferred
    to appropriations available to the Central Intelligence Agency, the
    National Security Agency, and the National Geospatial Intelligence
    Agency, the Defense Intelligence Agency and the National Reconnaissance
    Office for the Business Transformation Transfer Funds, to be merged
    with and to be available for the same time period and the same purposes
    as the appropriation to which transferred: Provided, That the transfer
    authority provided under this provision is in addition to any other
    transfer authority contained in this Act.

                         (including transfer of funds)

        Sec. 8110.  In addition to funds made available elsewhere in this
    Act, there is hereby appropriated $538,875,000, to remain available
    until transferred: Provided, That these funds are appropriated to the
    ``Tanker Replacement Transfer Fund'' (referred to as ``the Fund''
    elsewhere in this section): Provided further, That the Secretary of the
    Air Force may transfer amounts in the Fund to ``Operation and
    Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and
    ``Research, Development, Test and Evaluation, Air Force'', only for the
    purposes of proceeding with a tanker acquisition program: Provided
    further, That funds transferred shall be merged with and be available
    for the same purposes and for the same time period as the
    appropriations or fund to which transferred: Provided further, That
    this transfer authority is in addition to any other transfer authority
    available to the Department of Defense: Provided further, That the
    Secretary of the Air Force shall, not fewer than 15 days prior to
    making transfers using funds provided in this section, notify the
    congressional defense committees in writing of the details of any such
    transfer: Provided further, That the Secretary shall submit a report no
    later than 30 days after the end of each fiscal quarter to the
    congressional defense committees summarizing the details of the
    transfer of funds from this appropriation.
        Sec. 8111. (a) Each congressionally directed spending item
    specified in this Act or the explanatory statement regarding this Act
    intended for award to a for-profit entity shall be subject to
    acquisition regulations for full and open competition on the same basis
    as each spending item intended for a for-profit entity that is
    contained in the budget request of the President.
        (b) Exceptions.--Subsection (a) shall not apply to any contract
    awarded--
                (1) by a means that is required by Federal statute,
            including for a purchase made under a mandated preferential
            program;
                (2) pursuant to the Small Business Act (15 U.S.C. 631 et
            seq.); or
                (3) in an amount less than the simplified acquisition
            threshold described in section 302A(a) of the Federal Property
            and Administrative Services Act of 1949 (41 U.S.C. 252a(a)).
        (c) In this section, the term ``congressionally directed spending
    item'' means a congressionally directed spending item, as defined in
    Rule XLIV of the Standing Rules of the Senate.

                         (including transfer of funds)

        Sec. 8112.  From within the funds appropriated for operation and
    maintenance for the Defense Health Program in this Act, up to
    $132,200,000, shall be available for transfer to the Joint Department
    of Defense-Department of Veterans Affairs Medical Facility
    Demonstration Fund in accordance with the provisions of section 1704 of
    the National Defense Authorization Act for Fiscal Year 2010, Public Law
    111-84: Provided, That for purposes of section 1704(b), the facility
    operations funded are operations of the integrated Captain James A.
    Lovell Federal Health Care Center, consisting of the North Chicago
    Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
    supporting facilities designated as a combined Federal medical facility
    as described by section 706 of Public Law 110-417: Provided further,
    That additional funds may be transferred from funds appropriated for
    operation and maintenance for the Defense Health Program to the Joint
    Department of Defense-Department of Veterans Affairs Medical Facility
    Demonstration Fund upon written notification by the Secretary of
    Defense to the Committees on Appropriations of the House of
    Representatives and the Senate.
        Sec. 8113. (a) Of the amounts made available in this Act under the
    heading ``Operation and Maintenance, Navy'', not less than $2,000,000,
    shall be made available for leveraging the Army's Contractor Manpower
    Reporting Application, modified as appropriate for Service-specific
    requirements, for documenting the number of full-time contractor
    employees (or its equivalent) pursuant to United States Code title 10,
    section 2330a(c) and meeting the requirements of United States Code
    title 10, section 2330a(e) and United States Code title 10, section
    235.
        (b) Of the amounts made available in this Act under the heading
    ``Operation and Maintenance, Air Force'', not less than $2,000,000
    shall be made available for leveraging the Army's Contractor Manpower
    Reporting Application, modified as appropriate for Service-specific
    requirements, for documenting the number of full-time contractor
    employees (or its equivalent) pursuant to United States Code title 10
    section 2330a(c) and meeting the requirements of United States Code
    title 10, section 2330a(e) and United States Code title 10, section
    235.
        (c) The Secretaries of the Army, Navy, Air Force, and the Directors
    of the Defense Agencies and Field Activities (in coordination with the
    appropriate Principal Staff Assistant), in coordination with the Under
    Secretary of Defense for Personnel and Readiness, shall report to the
    congressional defense committees within 60 days of enactment of this
    Act their plan for documenting the number of full-time contractor
    employees (or its equivalent), as required by United States Code title
    10, section 2330a.

                         (including transfer of funds)

        Sec. 8114.  In addition to amounts provided elsewhere in this Act,
    there is appropriated $250,000,000, for an additional amount for
    ``Operation and Maintenance, Defense-Wide'', to be available until
    expended: Provided, That such funds shall only be available to the
    Secretary of Defense, acting through the Office of Economic Adjustment
    of the Department of Defense, or for transfer to the Secretary of
    Education, notwithstanding any other provision of law, to make grants,
    conclude cooperative agreements, or supplement other Federal funds to
    construct, renovate, repair, or expand elementary and secondary public
    schools on military installations in order to address capacity or
    facility condition deficiencies at such schools: Provided further, That
    in making such funds available, the Office of Economic Adjustment or
    the Secretary of Education shall give priority consideration to those
    military installations with schools having the most serious capacity or
    facility condition deficiencies as determined by the Secretary of
    Defense.
        Sec. 8115.  In addition to amounts provided elsewhere in this Act,
    there is appropriated $300,000,000, for an additional amount for
    ``Operation and Maintenance, Defense-Wide'', to remain available until
    expended. Such funds may be available for the Office of Economic
    Adjustment, notwithstanding any other provision of law, for
    transportation infrastructure improvements associated with medical
    facilities related to recommendations of the Defense Base Closure and
    Realignment Commission.
        Sec. 8116.  Section 310(b) of the Supplemental Appropriations Act,
    2009 (Public Law 111-32; 124 Stat. 1871) is amended by striking ``1
    year'' both places it appears and inserting ``2 years''.
        Sec. 8117.  The Office of the Director of National Intelligence
    shall not employ more Senior Executive employees than are specified in
    the classified annex: Provided, That not later than 90 days after
    enactment of this Act, the Director of National Intelligence shall
    certify that the Office of the Director of National Intelligence
    selects individuals for Senior Executive positions in a manner
    consistent with statutes, regulations, and the requirements of other
    Federal agencies in making such appointments and will submit its
    policies and procedures related to the appointment of personnel to
    Senior Executive positions to the congressional intelligence oversight
    committees.
        Sec. 8118.  For all major defense acquisition programs for which
    the Department of Defense plans to proceed to source selection during
    the current fiscal year, the Secretary of Defense shall perform an
    assessment of the winning bidder to determine whether or not the
    proposed costs are realistic and reasonable with respect to proposed
    development and production costs. The Secretary of Defense shall
    provide a report of these assessments, to specifically include whether
    any cost assessments determined that such proposed costs were
    unreasonable or unrealistic, to the congressional defense committees
    not later than 60 days after enactment of this Act and on a quarterly
    basis thereafter.
        Sec. 8119. (a) The Deputy Under Secretary of Defense for
    Installations and Environment, in collaboration with the Secretary of
    Energy, shall conduct energy security pilot projects at facilities of
    the Department of Defense.
        (b) In addition to the amounts provided elsewhere in this Act,
    $20,000,000, is appropriated to the Department of Defense for
    ``Operation and Maintenance, Defense-Wide'' for energy security pilot
    projects under subsection (a).
        Sec. 8120.  None of the funds appropriated or otherwise made
    available by this Act may be obligated or expended to pay a retired
    general or flag officer to serve as a senior mentor advising the
    Department of Defense unless such retired officer files a Standard Form
    278 (or successor form concerning public financial disclosure under
    part 2634 of title 5, Code of Federal Regulations) to the Office of
    Government Ethics.
        Sec. 8121.  Not later than 180 days after the date of the enactment
    of this Act, the Secretary of Defense, the Chief of the Air Force
    Reserve, and the Director of the National Guard Bureau, in
    collaboration with the Secretary of Agriculture and the Secretary of
    the Interior, shall submit to the Committees on Appropriations of the
    House and Senate, the House Committee on Agriculture, the Senate
    Committee on Agriculture, Nutrition and Forestry, the House Committee
    on Natural Resources, and the Senate Committee on Energy and Natural
    Resources a report of firefighting aviation assets. The report required
    under this section shall include each of the following:
                (1) A description of the programming details necessary to
            obtain an appropriate mix of fixed wing and rotor wing
            firefighting assets needed to produce an effective aviation
            resource base to support the wildland fire management program
            into the future. Such programming details shall include the
            acquisition and contracting needs of the mix of aviation
            resources fleet, including the acquisition of up to 24 C-130Js
            equipped with the Mobile Airborne Fire Fighting System II (in
            this section referred to as ``MAFFS''), to be acquired over
            several fiscal years starting in fiscal year 2012.
                (2) The costs associated with acquisition and contracting
            of the aviation assets described in paragraph (1).
                (3) A description of the costs of the operation,
            maintenance, and sustainment of a fixed and rotor wing aviation
            fleet, including a C-130J/MAFFS II in an Air National Guard
            tactical airlift unit construct of 4, 6, or 8 C-130Js per unit
            starting in fiscal year 2012, projected out through fiscal year
            2020. Such description shall include the projected costs
            associated with each of the following through fiscal year 2020:
                        (A) Crew ratio based on 4, 6, or 8 C-130J Air
                    National Guard unit construct and requirement for full-
                    time equivalent crews.
                        (B) Associated maintenance and other support
                    personnel and requirement for full-time equivalent
                    positions.
                        (C) Yearly flying hour model and the cost for use
                    of a fixed and rotor wing aviation fleet, including C-
                    130J in its MAFFS capacity supporting the United States
                    Forest Service.
                        (D) Yearly flying hour model and cost for use of a
                    C-130J in its capacity supporting Air National Guard
                    tactical airlift training.
                        (E) Any other costs required to conduct both the
                    airlift and firefighting missions, including the Air
                    National Guard unit construct for C-130Js.
                (4) Proposed program management, utilization, and cost
            share arrangements for the aircraft described in paragraph (1)
            for primary support of the Forest Service and secondary
            support, on an as available basis, for the Department of
            Defense, together with any proposed statutory language needed
            to authorize and effectuate the same.
                (5) An integrated plan for the Forest Service and the
            Department of the Interior wildland fire management programs to
            operate the fire fighting air tanker assets referred to in this
            section.
        Sec. 8122.  In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act, $41,400,000 is hereby
    appropriated to the Department of Defense: Provided, That the Secretary
    of Defense shall make grants in the amounts specified as follows:
    $6,400,000 to the SOAR Virtual School District; $7,800,000 to the New
    Jersey Technology Solutions Center; $8,000,000 to the Edward M. Kennedy
    Institute for the United States Senate; $10,000,000 to the John P.
    Murtha Foundation; $1,040,000 to the Women in Military Service for
    American Memorial Foundation; $8,000,000 to the Paralympics Military
    Program; and $160,000 to the Online Tax Preparation Assistance for
    Servicemembers.
        Sec. 8123.  Subject to the availability of appropriations, the
    Secretary of the Navy may award a contract or contracts for up to 20
    Littoral Combat Ships (LCS).
        Sec. 8124.  Section 115 of the Miscellaneous Appropriations and
    Offsets Act, 2004 (division H of Public Law 108-199; 118 Stat. 439), as
    amended by section 1017 of the Emergency Supplemental Appropriations
    Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
    (Public Law 109-13; 119 Stat. 250), is amended by striking all after
    ``company'' through ``requirements.'' and inserting ``, of ocean going
    commercial vessels of 20,000 dwt or greater capable of supporting
    military sealift requirements.''.
        Sec. 8125.  Of the funds provided in this Act, $3,600,000 shall be
    available for the operations and development of training and technology
    for the Columbia Geospatial Center and the affiliated universities for
    providing mapping information in support of emergency planning and
    response, economic development and resource management: Provided, That
    this funding will provide homeland defense/security and traditional
    warfighting training to the Department of Defense, other Federal
    agencies, and State and local first responder agencies and personnel:
    Provided further, That this funding is also available to pay for
    services provided to other Federal agencies and State and local first
    responder agencies and personnel by the Columbia Geospatial Center and
    the affiliated universities for service rendered between October 1,
    2009 and September 30, 2010.
        Sec. 8126.  The authority provided by section 1222(e) of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law
    111-84), shall continue in effect through September 30, 2011.
        Sec. 8127.  The authority provided by section 1234 of the National
    Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
    Stat. 2532) shall continue in effect through the earlier of the date of
    enactment of the National Defense Authorization Act for Fiscal Year
    2011 or December 31, 2011.
        Sec. 8128.  The authority provided by section 1224 of the National
    Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
    Stat. 2521) shall continue in effect through the earlier of the date of
    enactment of the National Defense Authorization Act for Fiscal Year
    2011 or December 31, 2011.
        Sec. 8129.  Notwithstanding any other provision of law, during
    fiscal year 2011 up to $75,000,000 of funds made available for
    operation and maintenance in this Act may be obligated and expended for
    purposes of building the capacity of Yemeni Ministry of Interior forces
    to conduct counterterrorism operations, subject to the direction and
    control of the Secretary of Defense, with the concurrence of the
    Secretary of State: Provided, That the Secretary of Defense shall, not
    fewer than 15 days prior to providing assistance under this section,
    submit to the congressional defense committees a notice setting forth
    the assistance to be provided, including the types of such assistance,
    the budget for such assistance, and the completion date for the
    provision of such assistance.
        Sec. 8130.  The authority provided by section 1014 of the Duncan
    Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
    Law 110-417), shall continue in effect through the earlier of the date
    of enactment of the National Defense Authorization Act for Fiscal Year
    2011 or December 31, 2011.
        Sec. 8131.  Section 8905a(d)(4)(B) of title 5, United States Code,
    is amended--
                (1) in clause (i), by striking ``October 1, 2010'' and
            inserting ``December 31, 2011''; and
                (2) in clause (ii)--
                        (A) by striking ``February 1, 2011'' and inserting
                    ``February 1, 2012''; and
                        (B) by striking ``October 1, 2010'' and inserting
                    ``December 31, 2011''.
        Sec. 8132.  The authority provided by section 1021 of the Ronald W.
    Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
    Law 108-375; 118 Stat. 2042), as amended by section 1011 of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law
    111-84; 123 Stat. 2441), shall continue in effect through the earlier
    of the date of enactment of the National Defense Authorization Act for
    Fiscal Year 2011 or September 30, 2011.
        Sec. 8133.  The authority provided by section 1022 of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
    U.S.C. 371 note), as amended by section 1012 of the National Defense
    Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
    2441), shall continue in effect through the earlier of the date of
    enactment of the National Defense Authorization Act for Fiscal Year
    2011 or September 30, 2011.
        Sec. 8134.  The authority provided by section 1033 of the National
    Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85), as
    amended by section 1014 of the National Defense Authorization Act for
    Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), shall continue in
    effect through the earlier of the date of enactment of the National
    Defense Authorization Act for Fiscal Year 2011 or September 30, 2011.
        Sec. 8135.  The authority provided by sections 611, 612, 613, 614,
    615, and 616 of the National Defense Authorization Act for Fiscal Year
    2010 (Public Law 111-84) shall continue in effect through the earlier
    of the date of enactment of the National Defense Authorization Act for
    Fiscal Year 2011 or December 31, 2011.
        Sec. 8136.  The authority provided by section 631 of the National
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181)
    shall continue in effect through the earlier of the date of enactment
    of the National Defense Authorization Act for Fiscal Year 2011 or
    December 31, 2011.
        Sec. 8137.  The authority provided by section 1071 of the National
    Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84)
    shall continue in effect through the earlier of the date of enactment
    of the National Defense Authorization Act for Fiscal Year 2011 or
    December 31, 2011.
        Sec. 8138.  The authority provided by section 931 of the National
    Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364)
    shall continue in effect through the earlier of the date of enactment
    of the National Defense Authorization Act for Fiscal Year 2011 or
    December 31, 2011.
        Sec. 8139.  The authority provided by section 1106 of the National
    Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84)
    shall continue in effect through the earlier of the date of enactment
    of the National Defense Authorization Act for Fiscal Year 2011 or
    December 31, 2011.
        Sec. 8140. (a) Extension of Waiver.--Paragraph (1) of section
    941(b) of the Duncan Hunter National Defense Authorization Act for
    Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184
    note) is amended by striking ``fiscal years 2009 and 2010'' and
    inserting ``fiscal years 2009 through 2011.''
        (b) Annual Report.--Paragraph (3) of such section 941(b) is amended
    by striking ``in 2010 and 2011'' and inserting ``in each year through
    2012.''
        Sec. 8141.  Subsection (a) of section 2808 of the Military
    Construction Authorization Act for Fiscal Year 2004 (division B of
    Public Law 108-136; 117 Stat. 1723), as amended by section 2806 of the
    Military Construction Authorization Act for Fiscal Year 2010 (division
    B of Public Law 111-84; 123 Stat. 2660), shall continue in effect
    through September 30, 2011.

                                    TITLE IX

                        OVERSEAS CONTINGENCY OPERATIONS

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For an additional amount for ``Military Personnel, Army'',
    $11,468,033,000.

                            Military Personnel, Navy

        For an additional amount for ``Military Personnel, Navy'',
    $1,308,719,000.

                        Military Personnel, Marine Corps

        For an additional amount for ``Military Personnel, Marine Corps'',
    $732,920,000.

                         Military Personnel, Air Force

        For an additional amount for ``Military Personnel, Air Force'',
    $2,060,442,000.

                            Reserve Personnel, Army

        For an additional amount for ``Reserve Personnel, Army'',
    $268,031,000.

                            Reserve Personnel, Navy

        For an additional amount for ``Reserve Personnel, Navy'',
    $48,912,000.

                        Reserve Personnel, Marine Corps

        For an additional amount for ``Reserve Personnel, Marine Corps'',
    $45,437,000.

                          Reserve Personnel, Air Force

        For an additional amount for ``Reserve Personnel, Air Force'',
    $27,002,000.

                         National Guard Personnel, Army

        For an additional amount for ``National Guard Personnel, Army'',
    $853,022,000.

                      National Guard Personnel, Air Force

        For an additional amount for ``National Guard Personnel, Air
    Force'', $16,860,000.

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $59,212,782,000.

                        Operation and Maintenance, Navy

        For an additional amount for ``Operation and Maintenance, Navy'',
    $8,970,724,000.

                    Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $4,008,022,000.

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $12,989,643,000.

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $9,276,990,000, of which:
                (1) Not to exceed $12,500,000 for the Combatant Commander
            Initiative Fund, to be used in support of Operation New Dawn
            and Operation Enduring Freedom; and
                (2) Not to exceed $1,600,000,000, to remain available until
            expended, for payments to reimburse key cooperating nations for
            logistical, military, and other support, including access
            provided to United States military operations in support of
            Operation New Dawn and Operation Enduring Freedom,
            notwithstanding any other provision of law: Provided, That such
            reimbursement payments may be made in such amounts as the
            Secretary of Defense, with the concurrence of the Secretary of
            State, and in consultation with the Director of the Office of
            Management and Budget, may determine, in his discretion, based
            on documentation determined by the Secretary of Defense to
            adequately account for the support provided, and such
            determination is final and conclusive upon the accounting
            officers of the United States, and 15 days following
            notification to the appropriate congressional committees:
            Provided further, That the requirement to provide notification
            shall not apply with respect to a reimbursement for access
            based on an international agreement: Provided further, That
            these funds may be used for the purpose of providing
            specialized training and procuring supplies and specialized
            equipment and providing such supplies and loaning such
            equipment on a non-reimbursable basis to coalition forces
            supporting United States military operations in Iraq and
            Afghanistan, and 15 days following notification to the
            appropriate congressional committees: Provided further, That
            the Secretary of Defense shall provide quarterly reports to the
            congressional defense committees on the use of funds provided
            in this paragraph.

                    Operation and Maintenance, Army Reserve

        For an additional amount for ``Operation and Maintenance, Army
    Reserve'', $206,784,000.

                    Operation and Maintenance, Navy Reserve

        For an additional amount for ``Operation and Maintenance, Navy
    Reserve'', $93,559,000.

                Operation and Maintenance, Marine Corps Reserve

        For an additional amount for ``Operation and Maintenance, Marine
    Corps Reserve'', $29,685,000.

                  Operation and Maintenance, Air Force Reserve

        For an additional amount for ``Operation and Maintenance, Air Force
    Reserve'', $203,807,000.

                 Operation and Maintenance, Army National Guard

        For an additional amount for ``Operation and Maintenance, Army
    National Guard'', $497,849,000.

                 Operation and Maintenance, Air National Guard

        For an additional amount for ``Operation and Maintenance, Air
    National Guard'', $417,983,000.

                        Afghanistan Infrastructure Fund

                         (including transfer of funds)

        There is hereby established in the Treasury of the United States
    the ``Afghanistan Infrastructure Fund''. For the ``Afghanistan
    Infrastructure Fund'', $400,000,000, to remain available until
    September 30, 2012: Provided, That such sums shall be available for
    infrastructure projects in Afghanistan, notwithstanding any other
    provision of law, which shall be undertaken by the Secretary of State,
    unless the Secretary of State and the Secretary of Defense jointly
    decide that a specific project will be undertaken by the Department of
    Defense: Provided further, That the infrastructure referred to in the
    preceding proviso is in support of the counterinsurgency strategy,
    requiring funding for facility and infrastructure projects, including,
    but not limited to, water, power, and transportation projects and
    related maintenance and sustainment costs: Provided further, That the
    authority to undertake such infrastructure projects is in addition to
    any other authority to provide assistance to foreign nations: Provided
    further, That any projects funded by this appropriation shall be
    jointly formulated and concurred in by the Secretary of State and
    Secretary of Defense: Provided further, That funds may be transferred
    to the Department of State for purposes of undertaking projects, which
    funds shall be considered to be economic assistance under the Foreign
    Assistance Act of 1961 for purposes of making available the
    administrative authorities contained in that Act: Provided further,
    That the transfer authority in the preceding proviso is in addition to
    any other authority available to the Department of Defense to transfer
    funds: Provided further, That any unexpended funds transferred to the
    Secretary of State under this authority shall be returned to the
    Afghanistan Infrastructure Fund if the Secretary of State, in
    coordination with the Secretary of Defense, determines that the project
    cannot be implemented for any reason, or that the project no longer
    supports the counterinsurgency strategy in Afghanistan: Provided
    further, That any funds returned to the Secretary of Defense under the
    previous proviso shall be available for use under this appropriation
    and shall be treated in the same manner as funds not transferred to the
    Secretary of State: Provided further, That contributions of funds for
    the purposes provided herein to the Secretary of State in accordance
    with section 635(d) of the Foreign Assistance Act from any person,
    foreign government, or international organization may be credited to
    this Fund, to remain available until expended, and used for such
    purposes: Provided further, That the Secretary of Defense shall, not
    fewer than 15 days prior to making transfers to or from, or obligations
    from the Fund, notify the appropriate committees of Congress in writing
    of the details of any such transfer: Provided further, That the
    ``appropriate committees of Congress'' are the Committees on Armed
    Services, Foreign Relations and Appropriations of the Senate and the
    Committees on Armed Services, Foreign Affairs and Appropriations of the
    House of Representatives.

                        Afghanistan Security Forces Fund

        For the ``Afghanistan Security Forces Fund'', $11,619,283,000, to
    remain available until September 30, 2012: Provided, That such funds
    shall be available to the Secretary of Defense, notwithstanding any
    other provision of law, for the purpose of allowing the Commander,
    Combined Security Transition Command--Afghanistan, or the Secretary's
    designee, to provide assistance, with the concurrence of the Secretary
    of State, to the security forces of Afghanistan, including the
    provision of equipment, supplies, services, training, facility and
    infrastructure repair, renovation, and construction, and funding:
    Provided further, That the authority to provide assistance under this
    heading is in addition to any other authority to provide assistance to
    foreign nations: Provided further, That up to $15,000,000 of these
    funds may be available for coalition police trainer life support costs:
    Provided further, That contributions of funds for the purposes provided
    herein from any person, foreign government, or international
    organization may be credited to this Fund and used for such purposes:
    Provided further, That the Secretary of Defense shall notify the
    congressional defense committees in writing upon the receipt and upon
    the obligation of any contribution, delineating the sources and amounts
    of the funds received and the specific use of such contributions:
    Provided further, That the Secretary of Defense shall, not fewer than
    15 days prior to obligating from this appropriation account, notify the
    congressional defense committees in writing of the details of any such
    obligation: Provided further, That the Secretary of Defense shall
    notify the congressional defense committees of any proposed new
    projects or transfer of funds between budget sub-activity groups in
    excess of $20,000,000.

                           Iraq Security Forces Fund

        For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
    available until September 30, 2012: Provided, That such funds shall be
    available to the Secretary of Defense, notwithstanding any other
    provision of law, for the purpose of allowing the Commander, United
    States Forces-Iraq, or the Secretary's designee, to provide assistance,
    with the concurrence of the Secretary of State, to the security forces
    of Iraq, including the provision of equipment, supplies, services,
    training, facility and infrastructure repair, and renovation: Provided
    further, That the authority to provide assistance under this heading is
    in addition to any other authority to provide assistance to foreign
    nations: Provided further, That contributions of funds for the purposes
    provided herein from any person, foreign government, or international
    organization may be credited to this Fund and used for such purposes:
    Provided further, That the Secretary shall notify the congressional
    defense committees in writing upon the receipt and upon the obligation
    of any contribution, delineating the sources and amounts of the funds
    received and the specific use of such contributions: Provided further,
    That the Secretary of Defense shall, not fewer than 15 days prior to
    obligating from this appropriation account, notify the congressional
    defense committees in writing of the details of any such obligation:
    Provided further, That the Secretary of Defense shall notify the
    congressional defense committees of any proposed new projects or
    transfer of funds between budget sub-activity groups in excess of
    $20,000,000.

                                  PROCUREMENT

                           Aircraft Procurement, Army

        For an additional amount for ``Aircraft Procurement, Army'',
    $2,720,138,000, to remain available until September 30, 2013.

                           Missile Procurement, Army

        For an additional amount for ``Missile Procurement, Army'',
    $343,828,000, to remain available until September 30, 2013.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For an additional amount for ``Procurement of Weapons and Tracked
    Combat Vehicles, Army'', $896,996,000, to remain available until
    September 30, 2013.

                        Procurement of Ammunition, Army

        For an additional amount for ``Procurement of Ammunition, Army'',
    $369,885,000, to remain available until September 30, 2013.

                            Other Procurement, Army

        For an additional amount for ``Other Procurement, Army'',
    $6,423,832,000, to remain available until September 30, 2013.

                           Aircraft Procurement, Navy

        For an additional amount for ``Aircraft Procurement, Navy'',
    $1,269,549,000, to remain available until September 30, 2013.

                           Weapons Procurement, Navy

        For an additional amount for ``Weapons Procurement, Navy'',
    $90,502,000, to remain available until September 30, 2013.

                Procurement of Ammunition, Navy and Marine Corps

        For an additional amount for ``Procurement of Ammunition, Navy and
    Marine Corps'', $558,024,000, to remain available until September 30,
    2013.

                            Other Procurement, Navy

        For an additional amount for ``Other Procurement, Navy'',
    $316,835,000, to remain available until September 30, 2013.

                           Procurement, Marine Corps

        For an additional amount for ``Procurement, Marine Corps'',
    $1,589,119,000, to remain available until September 30, 2013.

                        Aircraft Procurement, Air Force

        For an additional amount for ``Aircraft Procurement, Air Force'',
    $1,991,955,000, to remain available until September 30, 2013.

                         Missile Procurement, Air Force

        For an additional amount for ``Missile Procurement, Air Force'',
    $56,621,000, to remain available until September 30, 2013.

                      Procurement of Ammunition, Air Force

        For an additional amount for ``Procurement of Ammunition, Air
    Force'', $292,959,000, to remain available until September 30, 2013.

                          Other Procurement, Air Force

        For an additional amount for ``Other Procurement, Air Force'',
    $2,868,593,000, to remain available until September 30, 2013.

                           Procurement, Defense-Wide

        For an additional amount for ``Procurement, Defense-Wide'',
    $1,262,499,000, to remain available until September 30, 2013.

                      National Guard and Reserve Equipment

        For procurement of aircraft, missiles, tracked combat vehicles,
    ammunition, other weapons and other procurement for the reserve
    components of the Armed Forces, $850,000,000, to remain available for
    obligation until September 30, 2013, of which $250,000,000 shall be
    available only for the Army National Guard: Provided, That the Chiefs
    of National Guard and Reserve components shall, not later than 30 days
    after the enactment of this Act, individually submit to the
    congressional defense committees the modernization priority assessment
    for their respective National Guard or Reserve component.

                  Mine Resistant Ambush Protected Vehicle Fund

                         (including transfer of funds)

        For the Mine Resistant Ambush Protected Vehicle Fund,
    $3,415,000,000, to remain available until September 30, 2012: Provided,
    That such funds shall be available to the Secretary of Defense,
    notwithstanding any other provision of law, to procure, sustain,
    transport, and field Mine Resistant Ambush Protected vehicles: Provided
    further, That the Secretary shall transfer such funds only to
    appropriations made available in this or any other Act for operation
    and maintenance; procurement; research, development, test and
    evaluation; and defense working capital funds to accomplish the purpose
    provided herein: Provided further, That such transferred funds shall be
    merged with and be available for the same purposes and the same time
    period as the appropriation to which transferred: Provided further,
    That this transfer authority is in addition to any other transfer
    authority available to the Department of Defense: Provided further,
    That the Secretary shall, not fewer than 10 days prior to making
    transfers from this appropriation, notify the congressional defense
    committees in writing of the details of any such transfer.

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                Research, Development, Test and Evaluation, Army

        For an additional amount for ``Research, Development, Test and
    Evaluation, Army'', $143,234,000, to remain available until September
    30, 2012.

                Research, Development, Test and Evaluation, Navy

        For an additional amount for ``Research, Development, Test and
    Evaluation, Navy'', $104,781,000, to remain available until September
    30, 2012.

             Research, Development, Test and Evaluation, Air Force

        For an additional amount for ``Research, Development, Test and
    Evaluation, Air Force'', $484,382,000, to remain available until
    September 30, 2012.

            Research, Development, Test and Evaluation, Defense-Wide

        For an additional amount for ``Research, Development, Test and
    Evaluation, Defense-Wide'', $222,616,000, to remain available until
    September 30, 2012.

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

        For an additional amount for ``Defense Working Capital Funds'',
    $485,384,000.

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $1,422,092,000, of which $1,398,092,000 shall be for operation and
    maintenance, to remain available until September 30, 2011, and of which
    $24,000,000 shall be for research, development, test and evaluation, to
    remain available until September 30, 2012.

             Drug Interdiction and Counter-Drug Activities, Defense

        For an additional amount for ``Drug Interdiction and Counter-Drug
    Activities, Defense'', $440,510,000, to remain available until
    September 30, 2012.

                 Joint Improvised Explosive Device Defeat Fund

                         (including transfer of funds)

        For the ``Joint Improvised Explosive Device Defeat Fund'',
    $2,793,768,000, to remain available until September 30, 2013: Provided,
    That such funds shall be available to the Secretary of Defense,
    notwithstanding any other provision of law, for the purpose of allowing
    the Director of the Joint Improvised Explosive Device Defeat
    Organization to investigate, develop and provide equipment, supplies,
    services, training, facilities, personnel and funds to assist United
    States forces in the defeat of improvised explosive devices: Provided
    further, That the Secretary of Defense may transfer funds provided
    herein to appropriations for military personnel; operation and
    maintenance; procurement; research, development, test and evaluation;
    and defense working capital funds to accomplish the purpose provided
    herein: Provided further, That this transfer authority is in addition
    to any other transfer authority available to the Department of Defense:
    Provided further, That the Secretary of Defense shall, not fewer than
    15 days prior to making transfers from this appropriation, notify the
    congressional defense committees in writing of the details of any such
    transfer.

                        Office of the Inspector General

        For an additional amount for the ``Office of the Inspector
    General'', $10,529,000.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 9001.  Notwithstanding any other provision of law, funds made
    available in this title are in addition to amounts appropriated or
    otherwise made available for the Department of Defense for fiscal year
    2011.

                         (including transfer of funds)

        Sec. 9002.  Upon the determination of the Secretary of Defense that
    such action is necessary in the national interest, the Secretary may,
    with the approval of the Office of Management and Budget, transfer up
    to $4,000,000,000 between the appropriations or funds made available to
    the Department of Defense in this title: Provided, That the Secretary
    shall notify the Congress promptly of each transfer made pursuant to
    the authority in this section: Provided further, That the authority
    provided in this section is in addition to any other transfer authority
    available to the Department of Defense and is subject to the same terms
    and conditions as the authority provided in the Department of Defense
    Appropriations Act, 2011.
        Sec. 9003.  Supervision and administration costs associated with a
    construction project funded with appropriations available for operation
    and maintenance or the ``Afghanistan Security Forces Fund'' provided in
    this Act and executed in direct support of overseas contingency
    operations in Afghanistan, may be obligated at the time a construction
    contract is awarded: Provided, That for the purpose of this section,
    supervision and administration costs include all in-house Government
    costs.
        Sec. 9004.  From funds made available in this title, the Secretary
    of Defense may purchase for use by military and civilian employees of
    the Department of Defense in Iraq and Afghanistan: (a) passenger motor
    vehicles up to a limit of $75,000 per vehicle and (b) heavy and light
    armored vehicles for the physical security of personnel or for force
    protection purposes up to a limit of $250,000 per vehicle,
    notwithstanding price or other limitations applicable to the purchase
    of passenger carrying vehicles.
        Sec. 9005.  Not to exceed $500,000,000 of the amount appropriated
    in this title under the heading ``Operation and Maintenance, Army'' may
    be used, notwithstanding any other provision of law, to fund the
    Commander's Emergency Response Program (CERP), for the purpose of
    enabling military commanders in Iraq and Afghanistan to respond to
    urgent, small scale, humanitarian relief and reconstruction
    requirements within their areas of responsibility: Provided, That
    projects (including any ancillary or related elements in connection
    with such project) executed under this authority shall not exceed
    $20,000,000: Provided further, That not later than 45 days after the
    end of each fiscal year quarter, the Secretary of Defense shall submit
    to the congressional defense committees a report regarding the source
    of funds and the allocation and use of funds during that quarter that
    were made available pursuant to the authority provided in this section
    or under any other provision of law for the purposes described herein:
    Provided further, That, not later than 30 days after the end of each
    month, the Army shall submit to the congressional defense committees
    monthly commitment, obligation, and expenditure data for the
    Commander's Emergency Response Program in Iraq and Afghanistan:
    Provided further, That not less than 15 days before making funds
    available pursuant to the authority provided in this section or under
    any other provision of law for the purposes described herein for a
    project with a total anticipated cost for completion of $5,000,000 or
    more, the Secretary shall submit to the congressional defense
    committees a written notice containing each of the following:
                (1) The location, nature and purpose of the proposed
            project, including how the project is intended to advance the
            military campaign plan for the country in which it is to be
            carried out.
                (2) The budget, implementation timeline with milestones,
            and completion date for the proposed project, including any
            other CERP funding that has been or is anticipated to be
            contributed to the completion of the project.
                (3) A plan for the sustainment of the proposed project,
            including the agreement with either the host nation, a non-
            Department of Defense agency of the United States Government or
            a third party contributor to finance the sustainment of the
            activities and maintenance of any equipment or facilities to be
            provided through the proposed project.
        Sec. 9006.  Funds available to the Department of Defense for
    operation and maintenance may be used, notwithstanding any other
    provision of law, to provide supplies, services, transportation,
    including airlift and sealift, and other logistical support to
    coalition forces supporting military and stability operations in Iraq
    and Afghanistan: Provided, That the Secretary of Defense shall provide
    quarterly reports to the congressional defense committees regarding
    support provided under this section.
        Sec. 9007.  The amounts provided by this title are designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).
        Sec. 9008.  None of the funds appropriated or otherwise made
    available by this or any other Act shall be obligated or expended by
    the United States Government for a purpose as follows:
                (1) To establish any military installation or base for the
            purpose of providing for the permanent stationing of United
            States Armed Forces in Iraq.
                (2) To exercise United States control over any oil resource
            of Iraq.
                (3) To establish any military installation or base for the
            purpose of providing for the permanent stationing of United
            States Armed Forces in Afghanistan.
        Sec. 9009.  None of the funds made available in this Act may be
    used in contravention of the following laws enacted or regulations
    promulgated to implement the United Nations Convention Against Torture
    and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
    New York on December 10, 1984):
                (1) Section 2340A of title 18, United States Code.
                (2) Section 2242 of the Foreign Affairs Reform and
            Restructuring Act of 1998 (division G of Public Law 105-277;
            112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
            prescribed thereto, including regulations under part 208 of
            title 8, Code of Federal Regulations, and part 95 of title 22,
            Code of Federal Regulations.
                (3) Sections 1002 and 1003 of the Department of Defense,
            Emergency Supplemental Appropriations to Address Hurricanes in
            the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
            Law 109-148).
        Sec. 9010. (a) The Secretary of Defense shall submit to the
    congressional defense committees not later than 45 days after the end
    of each fiscal quarter a report on the proposed use of all funds
    appropriated by this or any prior Act under each of the headings Iraq
    Security Forces Fund, Afghanistan Security Forces Fund, Afghanistan
    Infrastructure Fund, and Pakistan Counterinsurgency Fund on a project-
    by-project basis, for which the obligation of funds is anticipated
    during the 3-month period from such date, including estimates for the
    accounts referred to in this section of the costs required to complete
    each such project.
        (b) The report required by this subsection shall include the
    following:
                (1) The use of all funds on a project-by-project basis for
            which funds appropriated under the headings referred to in
            subsection (a) were obligated prior to the submission of the
            report, including estimates for the accounts referred to in
            subsection (a) of the costs to complete each project.
                (2) The use of all funds on a project-by-project basis for
            which funds were appropriated under the headings referred to in
            subsection (a) in prior appropriations Acts, or for which funds
            were made available by transfer, reprogramming, or allocation
            from other headings in prior appropriations Acts, including
            estimates for the accounts referred to in subsection (a) of the
            costs to complete each project.
                (3) An estimated total cost to train and equip the Iraq,
            Afghanistan, and Pakistan security forces, disaggregated by
            major program and sub-elements by force, arrayed by fiscal
            year.
        Sec. 9011.  Funds made available in this title to the Department of
    Defense for operation and maintenance may be used to purchase items
    having an investment unit cost of not more than $250,000: Provided,
    That, upon determination by the Secretary of Defense that such action
    is necessary to meet the operational requirements of a Commander of a
    Combatant Command engaged in contingency operations overseas, such
    funds may be used to purchase items having an investment item unit cost
    of not more than $500,000.

                         (including transfer of funds)

        Sec. 9012.  Of the funds appropriated by this Act for the Office of
    the Director of National Intelligence, $3,375,000 is available, as
    specified in the classified annex, for transfer to other departments
    and agencies of the Federal Government.
        Sec. 9013. (a) The Task Force for Business and Stability Operations
    in Afghanistan may, subject to the direction and control of the
    Secretary of Defense and with the concurrence of the Secretary of
    State, carry out projects in fiscal year 2011 to assist the commander
    of the United States Central Command in developing a link between
    United States military operations in Afghanistan under Operation
    Enduring Freedom and the economic elements of United States national
    power in order to reduce violence, enhance stability, and restore
    economic normalcy in Afghanistan through strategic business and
    economic opportunities.
        (b) The projects carried out under paragraph (a) may include
    projects that facilitate private investment, industrial development,
    banking and financial system development, agricultural diversification
    and revitalization, and energy development in and with respect to
    Afghanistan.
        (c) The Secretary may use up to $150,000,000 of the funds available
    for overseas contingency operations in ``Operation and Maintenance,
    Army'' for additional activities to carry out projects under paragraph
    (a).
        Sec. 9014. (a) Not more than 85 percent of the funds provided in
    this title for Operation and Maintenance may be available for
    obligation or expenditure until the date on which the Secretary of
    Defense submits the report under subsection (b).
        (b) Not later than 120 days after the date of the enactment of this
    Act, the Secretary of Defense shall submit to the congressional defense
    committees a report on contractor employees in the United States
    Central Command, including--
                (1) the number of employees of a contractor awarded a
            contract by the Department of Defense (including subcontractor
            employees) who are employed at the time of the report in the
            area of operations of the United States Central Command,
            including a list of the number of such employees in each of
            Iraq, Afghanistan, and all other areas of operations of the
            United States Central Command; and
                (2) for each fiscal year quarter beginning on the date of
            the report and ending on September 30, 2012--
                        (A) the number of such employees planned by the
                    Secretary to be employed during each such period in
                    each of Iraq, Afghanistan, and all other areas of
                    operations of the United States Central Command; and
                        (B) an explanation of how the number of such
                    employees listed under subparagraph (A) relates to the
                    planned number of military personnel in such locations.
        This division may be cited as the ``Department of Defense
    Appropriations Act, 2011''.

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

                                    TITLE I

                           CORPS OF ENGINEERS--CIVIL

                             DEPARTMENT OF THE ARMY

                           Corps of Engineers--Civil

        The following appropriations shall be expended under the direction
    of the Secretary of the Army and the supervision of the Chief of
    Engineers for authorized civil functions of the Department of the Army
    pertaining to rivers and harbors, flood and storm damage reduction,
    shore protection, aquatic ecosystem restoration, and related efforts.

                                 investigations

        For expenses necessary where authorized by law for the collection
    and study of basic information pertaining to river and harbor, flood
    and storm damage reduction, shore protection, aquatic ecosystem
    restoration, and related needs; for surveys and detailed studies, and
    plans and specifications of proposed river and harbor, flood and storm
    damage reduction, shore protection, and aquatic ecosystem restoration
    projects and related efforts prior to construction; for restudy of
    authorized projects; and for miscellaneous investigations and, when
    authorized by law, surveys and detailed studies, and plans and
    specifications of projects prior to construction, $150,000,000, to
    remain available until expended.

                                  construction

        For expenses necessary for the construction of river and harbor,
    flood and storm damage reduction, shore protection, aquatic ecosystem
    restoration, and related projects authorized by law; for conducting
    detailed studies, and plans and specifications, of such projects
    (including those involving participation by States, local governments,
    or private groups) authorized or made eligible for selection by law
    (but such detailed studies, and plans and specifications, shall not
    constitute a commitment of the Government to construction);
    $1,823,625,000, to remain available until expended; of which such sums
    as are necessary to cover the Federal share of construction costs for
    facilities under the Dredged Material Disposal Facilities program shall
    be derived from the Harbor Maintenance Trust Fund as authorized by
    Public Law 104-303; and of which such sums as are necessary to cover
    one-half of the costs of construction, replacement, rehabilitation, and
    expansion of inland waterways projects (including only Kentucky Lock
    and Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 4
    Monongahela River, Pennsylvania; Lock and Dam 27, Mississippi River,
    Illinois; Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock
    and Dam, Illinois and Kentucky; and Emsworth Locks and Dam, Ohio River,
    Pennsylvania) shall be derived from the Inland Waterways Trust Fund:
    Provided, That the Chief of Engineers is directed to use $20,500,000 of
    the funds appropriated herein for the Dallas Floodway Extension, Texas,
    project, including the Cadillac Heights feature, generally in
    accordance with the Chief of Engineers report dated December 7, 1999:
    Provided further, That the Chief of Engineers is directed to use
    $1,434,000 of funds available for the Greenbrier Basin, Marlinton, West
    Virginia, Local Protection Project to continue engineering and design
    efforts, execute a project partnership agreement for phases 1 and 2,
    and initiate construction of the project substantially in accordance
    with Alternative 1 as described in the Corps of Engineers Final
    Detailed Project Report and Environmental Impact Statement for
    Marlinton, West Virginia, Local Protection Project dated September 2008
    with the Federal and non-Federal cost shares determined in accordance
    with the ability-to-pay provisions prescribed in section 103(m) of the
    Water Resources Development Act of 1986:  Provided further, That the
    Chief of Engineers is directed to use $2,750,000 of the funds
    appropriated herein to continue planning, engineering, design or
    construction of the Lower Mingo County, Upper Mingo County, Wayne
    County, McDowell County, West Virginia, elements of the Levisa and Tug
    Forks of the Big Sandy River and Upper Cumberland River Project:
    Provided further, That the limitation concerning total project costs in
    section 902 of the Water Resources Development Act of 1986 (33 U.S.C.
    2280), shall not apply during fiscal year 2011 to any project that
    received funds provided in this title.

                       mississippi river and tributaries

        For expenses necessary for flood damage reduction projects and
    related efforts in the Mississippi River alluvial valley below Cape
    Girardeau, Missouri, as authorized by law, $325,000,000, to remain
    available until expended, of which such sums as are necessary to cover
    the Federal share of eligible operation and maintenance costs for
    inland harbors shall be derived from the Harbor Maintenance Trust Fund:
    Provided, That the Secretary of the Army, acting through the Chief of
    Engineers is directed to use $10,500,000 appropriated herein for
    construction of water withdrawal features of the Grand Prairie,
    Arkansas, project.

                           operation and maintenance

        For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law;
    providing security for infrastructure owned or operated by the Corps,
    including administrative buildings and laboratories; maintaining harbor
    channels provided by a State, municipality, or other public agency that
    serve essential navigation needs of general commerce, where authorized
    by law; surveying and charting northern and northwestern lakes and
    connecting waters; clearing and straightening channels; and removing
    obstructions to navigation, $2,475,000,000, to remain available until
    expended, of which such sums as are necessary to cover the Federal
    share of eligible operation and maintenance costs for coastal harbors
    and channels, and for inland harbors shall be derived from the Harbor
    Maintenance Trust Fund; of which such sums as become available from the
    special account for the Corps established by the Land and Water
    Conservation Act of 1965 (16 U.S.C. 460l-6a(i)), shall be derived from
    that account for resource protection, research, interpretation, and
    maintenance activities related to resource protection in the areas at
    which outdoor recreation is available; and of which such sums as become
    available from fees collected under section 217 of the Water Resources
    Development Act of 1996 (Public Law 104-303) shall be used to cover the
    cost of operation and maintenance of the dredged material disposal
    facilities for which such fees have been collected: Provided, That 1
    percent of the total amount of funds provided for each of the programs,
    projects or activities funded under this heading shall be available for
    use by the Chief of Engineers to fund such emergency activities as the
    Chief of Engineers determines to be necessary and appropriate.

                               regulatory program

        For expenses necessary for administration of laws pertaining to
    regulation of navigable waters and wetlands, $193,000,000, to remain
    available until expended.

                formerly utilized sites remedial action program

        For expenses necessary to clean up contamination from sites in the
    United States resulting from work performed as part of the Nation's
    early atomic energy program, $130,000,000, to remain available until
    expended.

                     flood control and coastal emergencies

        For expenses necessary to prepare for flood, hurricane, and other
    natural disasters and to support emergency operations, repairs, and
    other activities in response to such disasters as authorized by law,
    $30,000,000, to remain available until expended.

                                    expenses

        For expenses necessary for the supervision and general
    administration of the civil works program in Corps headquarters and
    division offices; and for the management and operation costs allocable
    to the civil works program of the Humphreys Engineer Center Support
    Activity, the Institute for Water Resources, the Engineer Research and
    Development Center, and the Corps Finance Center, $187,375,000, to
    remain available until expended, of which not to exceed $5,000 may be
    used for official reception and representation purposes and only during
    the current fiscal year: Provided, That no part of any other
    appropriation in this title shall be available to fund the above
    activities: Provided further, That any Flood Control and Coastal
    Emergencies appropriation may be used to fund the supervision and
    general administration of emergency operations, repairs, and other
    activities in response to any flood, hurricane, or other natural
    disaster.

         office of the assistant secretary of the army for civil works

        For the Office of the Assistant Secretary of the Army for Civil
    Works as authorized by 10 U.S.C. 3016(b)(3), $6,000,000, to remain
    available until expended.

                            administrative provision

        The Revolving Fund, Corps of Engineers, shall be available during
    the current fiscal year for purchase (not to exceed 100 for replacement
    only) and hire of passenger motor vehicles for the civil works program.

                 general provisions, corps of engineers--civil

        Sec. 101. (a) None of the funds provided in title I of this Act, or
    provided by previous appropriations Acts to the agencies or entities
    funded in title I of this Act that remain available for obligation or
    expenditure in fiscal year 2011, shall be available for obligation or
    expenditure through a reprogramming of funds that:
                (1) creates or initiates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel for any program, project,
            or activity for which funds have been denied or restricted by
            this Act, unless prior approval is received from the House and
            Senate Committees on Appropriations;
                (4) proposes to uses funds directed for a specific activity
            for a different purpose, unless prior approval is received from
            the House and Senate Committees on Appropriations;
                (5) augments or reduces existing programs, projects or
            activities in excess of the amounts contained in subsections 6
            through 10, unless prior approval is received from the House
            and Senate Committees on Appropriations;
                (6) Investigations.--For a base level over $100,000,
            reprogramming of 25 percent of the base amount up to a limit of
            $150,000 per project, study or activity is allowed: Provided,
            That for a base level less than $100,000, the reprogramming
            limit is $25,000:  Provided further, That up to $25,000 may be
            reprogrammed to continue ongoing work on any program, project,
            or activity that did not receive an appropriation for existing
            obligations and concomitant administrative expenses;
                (7) Construction.--For a base level over $2,000,000,
            reprogramming of 15 percent of the base amount up to a limit of
            $3,000,000 per project, study or activity is allowed: Provided,
            That for a base level less than $2,000,000, the reprogramming
            limit is $300,000:  Provided further, That up to $3,000,000 may
            be reprogrammed for settled contractor claims,  changed
            conditions, or  real estate deficiency judgments:  Provided
            further, That up to $300,000 may be reprogrammed into
            continuing any study or activity that did not receive an
            appropriation for existing obligations and concomitant
            administrative expenses;
                (8) Operation and maintenance.--Unlimited reprogramming
            authority is granted in order for the Corps to be able to
            respond to emergencies: Provided, That the Chief of Engineers
            must notify the House and Senate Committees on Appropriations
            of these emergency actions as soon thereafter as practicable:
            Provided further, That for a base level over $1,000,000,
            reprogramming of 15 percent of the base amount up to a limit of
            $5,000,000 per project, study or activity is allowed:  Provided
            further, That for a base level less than $1,000,000, the
            reprogramming limit is $150,000:  Provided further, That up to
            $150,000 may be reprogrammed into continuing any study or
            activity that did not receive an appropriation;
                (9) Mississippi river and tributaries.--The same
            reprogramming guidelines as provided in subsections 6 through 8
            above apply to the Investigations, Construction, and Operation
            and Maintenance portions of the Mississippi River and
            Tributaries Account; and
                (10) Formerly utilized sites remedial action program.--
            Reprogramming of up to 15 percent of the base of the receiving
            project is permitted.
        (b) De Minimis Reprogrammings.--In no case should a reprogramming
    for less than $50,000 be submitted to the House and Senate Committees
    on Appropriations.
        (c) Not later than 60 days after the date of enactment of this Act,
    the Corps of Engineers shall submit a report to the House and Senate
    Committees on Appropriations to establish the baseline for application
    of reprogramming and transfer authorities for the current fiscal year:
    Provided, That the report shall include:
                (1) A table for each appropriation with a separate column
            to display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) A delineation in the table for each appropriation both
            by object class and program, project and activity as detailed
            in the budget appendix for the respective appropriations; and
                (3) An identification of items of special congressional
            interest.
        Sec. 102.  None of the funds in this Act, or previous Acts, making
    funds available to the Corps, shall be used to implement any pending or
    future competitive sourcing actions under OMB Circular A-76 or High
    Performing Organizations for the U.S. Army Corps of Engineers.
        Sec. 103.  None of the funds in this Act, or previous Acts, making
    funds available to the Corps, shall be used to award any continuing
    contract that commits additional funding from the Inland Waterways
    Trust Fund unless or until such time that a long-term mechanism to
    enhance revenues in this Fund sufficient to meet the cost-sharing
    authorized in the Water Resources Development Act of 1986 (Public Law
    99-662) is enacted.
        Sec. 104.  Within 120 days of the date of the Chief of Engineers
    Report on a water resource matter, the Assistant Secretary of the Army
    (Civil Works) shall submit the report to the appropriate authorizing
    and appropriating committees of the Congress.
        Sec. 105.  During the fiscal year period covered by this Act, the
    Secretary of the Army shall implement measures recommended in the
    efficacy study, or provided in interim reports, authorized under
    section 3061 of the Water Resources Development Act of 2007 (121 Stat.
    1121), with such modifications or emergency measures as the Secretary
    of the Army determines to be appropriate, to prevent aquatic nuisance
    species from bypassing the Chicago Sanitary and Ship Canal Dispersal
    Barrier Project referred to in that section and to prevent aquatic
    nuisance species from dispersing into the Great Lakes and such
    emergency measures as the Secretary of the Army determines to be
    appropriate to prevent such species from dispersing into the Great
    Lakes by way of any other hydrologic connections between the Great
    Lakes and the Mississippi River.
        Sec. 106.  That portion of the project for navigation, Block Island
    Harbor of Refuge, Rhode Island adopted by the Rivers and Harbors Act of
    July 11, 1870, consisting of the cut-stone breakwater lining the west
    side of the Inner Basin: Beginning at a point with coordinates
    N32579.55, E312625.53, thence running northerly about 76.59 feet to a
    point with coordinates N32655.92, E312631.32, thence running northerly
    about 206.81 feet to a point with coordinates N32858.33, E312673.74,
    thence running easterly about 109.00 feet to a point with coordinates
    N32832.15, E312779.54, shall no longer be authorized after the date of
    enactment of this Act.
        Sec. 107.  Section 595(a)(2) of the Water Resources Development Act
    of 1999 (113 Stat. 383; 117 Stat. 1836) is amended--
                (1) in subparagraph (A), by striking ``; and'' and
            inserting a semicolon;
                (2) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(C) the portions of Utah County and Weber
                    Counties that are located outside of a political
                    subdivision, the population of which is greater than
                    10,000 residents.''.
        Sec. 108.  Section 595 of the Water Resources Development Act of
    1999 (113 Stat. 383; 117 Stat. 1836; 118 Stat. 440), as amended by
    section 5067 of the Water Resources Development Act of 2007 (121 Stat.
    1219), is amended in subsection (h) by striking ``$150,000,000 for
    rural Nevada'' and inserting ``$200,000,000 for rural Nevada''.
        Sec. 109. (a) Acquisition.--The Secretary is authorized to acquire
    any real property and associated real property interests in the
    vicinity of Hanover, New Hampshire as may be needed for the Engineer
    Research and Development Center laboratory facilities at the Cold
    Regions Research and Engineering Laboratory.
        (b) Revolving Fund.--The Secretary is authorized to use the
    Revolving Fund (33 U.S.C. 576) through the Plant Replacement and
    Improvement Program to acquire the real property and associated real
    property interests in subsection (a). The Secretary shall ensure that
    the Revolving Fund is appropriately reimbursed from the benefitting
    appropriations.
        (c) Right of First Refusal.--The Secretary may provide the seller
    of any real property and associated property interests identified in
    subsection (a)--
                (1) a right of first refusal to acquire such property, or
            any portion thereof, in the event the property, or any portion
            thereof, is no longer needed by the Department of the Army.
                (2) a right of first refusal to acquire any real property
            or associated real property interests acquired by condemnation
            in Civil Action No. 81-360-L, in the event the property, or any
            portion thereof, is no longer needed by the Department of the
            Army.
                (3) The purchase of any property by the seller exercising
            either right of first refusal authorized in this section shall
            be for consideration acceptable to the Secretary and shall be
            for not less than fair market value at the time the property
            becomes available for purchase. The right of first refusal
            authorized in this section shall not inure to the benefit of
            the Seller's successors or assigns.
        (d) Disposal.--The Secretary of the Army is authorized to dispose
    of any property or associated real property interests that are subject
    to the exercise of the right of first refusal as set forth herein.
        Sec. 110.  The Secretary of the Army, acting through the Chief of
    Engineers, is authorized, using amounts available in the Revolving Fund
    established by section 101 of the Act of July 27, 1953, chap. 245 (33
    U.S.C. 576), to construct a Ship/Tow Simulator building, an Engineer
    Research and Development Center headquarters building, and a Modular
    Hydraulic Flume building, and to purchase real estate, perform
    construction, and make facility, utility, street, road, and
    infrastructure improvements to the Engineer Research and Development
    Center's installations and facilities. The Secretary shall ensure that
    the Revolving Fund is appropriately reimbursed from the benefitting
    appropriations.
        Sec. 111.  Section 3113 of the Water Resources Development Act,
    2007 (121 Stat. 1041) is amended by striking all after the words
    ``total cost of'' and inserting in lieu thereof the following:
    ``$38,800,000, with an estimated Federal cost of $25,220,000 and an
    estimated non-Federal cost of $13,580,000.''
        Sec. 112.  The boundaries of the project referred to as ``Des
    Moines Recreational River and Greenbelt, Iowa'' in the Supplemental
    Appropriations Act, 1985 (99 Stat. 313) are hereby expanded to include
    the entirety of sections 19 and 29, situated in T89N, R28W.
        Sec. 113.  That portion of the project of navigation, Chicago
    Harbor, Illinois, authorized by the River and Harbor Acts of March 3,
    1899 and March 2, 1919, and that begins at the southwest corner of the
    Metropolitan Sanitary District of Greater Chicago sluice gate that
    abuts the north wall of the Chicago River Lock and that continues north
    for approximately 290 feet, thence east approximately 1,000 feet, then
    south approximately 290 feet, thence west approximately 1,000 feet to
    the point of beginning shall no longer be authorized as of the date of
    enactment of this Act.
        Sec. 114. (a) The Secretary shall assume responsibility for the
    long-term maintenance and repair of the major flood damage reduction
    features constructed by the Corps of Engineers at Devils Lake, North
    Dakota. The City of Devils Lake, North Dakota, shall be responsible for
    all costs of operation and maintenance other than those defined as
    Long-Term Maintenance and Repair in subsection (b) below.
        (b) Long-Term Maintenance and Repair consists of replacing,
    reconstructing, or rehabilitating major flood damage reduction features
    such as embankments, pump stations, pumps and gate wells that: (1) have
    become dilapidated or in need of repair as a result of the passage of
    time or ordinary wear and tear; or (2) have been damaged or destroyed
    by wind, wave, or water action of other than an ordinary nature when,
    in the discretion of the Secretary, such replacement, reconstruction,
    or rehabilitation is warranted for the continued functioning of the
    flood damage reduction project at Devils Lake.
        Sec. 115.  Section 111 of title I of division C of the Consolidated
    Appropriations Act, 2005 (118 Stat. 2944) as amended by section 3001 of
    Public Law 110-114 is further amended by adding the following before
    ```(c) Authorization of Appropriations.''':
                ```(3) may grant to the City of Tuscaloosa a long term
            lease or license agreement for any portion of the Parcel not
            required for construction of the new administrative facility
            under subsection (a)(2)(c) until such time as the City of
            Tuscaloosa is prepared to take fee simple title per the
            provisions of subsection (b)(2).'''.
        Sec. 116.  Section 333 of the Water Resources Development Act of
    1996 (110 Stat. 3718) is further amended to read as follows:
                (1) by striking subsection (b) and inserting the following
            in lieu thereof:
        ``(b) Lands individually acquired by the Secretary under this
    section for flood protection and flood management in the Passaic River
    Basin are to held by the Secretary and the non-Federal sponsor as
    tenants in common with, thereafter, any interest held by the Secretary
    in such lands to be transferred by Quitclaim Deed to the Non-Federal
    Sponsor for consideration as is necessary to render the project cost-
    sharing percentages to be in compliance with section 903(c) of the
    Water Resources Development Act of 1986 (33 U.S.C. 2213) and such other
    law as may be applicable.''; and
                (2) inserting the following as a new subsection (e):
        ``(e) Funds for Land Acquisition.--Funds for acquiring such lands
    as are necessary in carrying out the requirements of this section and
    requirements as further recommended by the Secretary shall include
    funds as provided in subsection (c) and (d) of this section herein and
    also funds as previously appropriated with any and all such funds to be
    held by the Secretary for use in acquiring the requisite lands in
    proportion to the project cost-sharing percentages.''.
        Sec. 117.  Section 3182 of Public Law 110-114 is amended as follows
    by inserting a new subparagraph (k) and redesignating the existing
    subparagraph (k) as subparagraph (l):
        ``(k) St. Charles County, Missouri.--
                ``(1) Definitions.--In this subsection, the following
            definitions apply:
                        ``(A) Federal land.--The term `Federal land' means
                    the 1 parcel of Corps of Engineers land totaling
                    approximately 84 acres, located U.S. Survey No. 1838,
                    Township 48 North, Range 6 East.
                        ``(B) Non-federal land.--The term `non-Federal
                    land' means the approximately 70 acres of land, subject
                    to any existing easements situated in Jersey County,
                    Illinois, adjacent to existing Corps fee title land.
                ``(2) Land exchange.--Subject to paragraph (3), on
            conveyance by Ameren U.E. to the United States of all right,
            title, and interest in and to the non-Federal land, the
            Secretary shall convey to Ameren U.E., all right, title, and
            interest of the United States in and to the Federal land.
                ``(3) Conditions.--
                        ``(A) Deeds.--
                                ``(i) Non-federal land.--The conveyance of
                            the non-Federal land to the Secretary shall be
                            by a warranty deed acceptable to the Secretary.
                                ``(ii) Federal land.--The conveyance of the
                            Federal land to Ameren U.E., shall be--
                                        ``(I) by quitclaim deed; and
                                        ``(II) subject to any reservations,
                                    terms, and conditions that the
                                    Secretary determines to be necessary to
                                    allow the United States to operate and
                                    maintain the Mississippi River 9-Foot
                                    Navigation Project.
                                ``(iii) Legal descriptions.--The Secretary
                            shall provide a legal description of the
                            Federal land, and Ameren U.E., shall provide a
                            legal description of the non-Federal land, for
                            inclusion in the deeds referred to in clauses
                            (i) and (ii).
                        ``(B) Removal of improvements.--
                                ``(i) In general.--The Secretary may
                            require the removal of, or Ameren U.E., may
                            voluntarily remove, any improvements to the
                            non-Federal land before the completion of the
                            exchange or as a condition of the exchange.
                                ``(ii) No liability.--If Ameren U.E.,
                            removes any improvements to the non-Federal
                            land under clause (i)--
                                        ``(I) Ameren U.E., shall have no
                                    claim against the United States
                                    relating to the removal; and
                                        ``(II) the United States shall not
                                    incur or be liable for any cost
                                    associated with the removal or
                                    relocation of the improvements.
                        ``(C) Administrative costs.--The Secretary shall
                    require Ameren U.E. to pay reasonable administrative
                    costs associated with the exchange.
                        ``(D) Cash equalization payment.--If the appraised
                    fair market value, as determined by the Secretary, of
                    the Federal land exceeds the appraised fair market
                    value, as determined by the Secretary, of the non-
                    Federal land, Ameren U.E. shall make a cash
                    equalization payment to the United States.
                        ``(E) Deadline.--The land exchange under
                    subparagraph (B) shall be completed not later than 2
                    years after the date of enactment of this Act.''.
        Sec. 118.  The project for flood control, Little Calumet River,
    Indiana, authorized by section 401(a) of the Water Resources
    Development Act of 1986 (100 Stat. 4115) and modified by section 127 of
    the Energy and Water Appropriations Act, 2006 (119 Stat. 2259), is
    further modified to authorize the Secretary to construct the project,
    including all necessary tie backs, at a total cost of $275,000,000,
    with an estimated Federal cost of $206,000,000, and an estimated non-
    Federal cost of $69,000,000.
        Sec. 119.  The project for ecosystem restoration, Tres Rios,
    Arizona, authorized by section 101(b)(4) of the Water Resources
    Development Act of 2000 (114 Stat. 2577), is modified to authorize the
    Secretary to construct the project at a total cost of $230,000,000,
    with an estimated Federal cost of $149,500,000 and an estimated non-
    Federal cost of $80,500,000.

                                    TITLE II

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                    central utah project completion account

        For carrying out activities authorized by the Central Utah Project
    Completion Act, $43,004,000, to remain available until expended, of
    which $2,500,000 shall be deposited into the Utah Reclamation
    Mitigation and Conservation Account for use by the Utah Reclamation
    Mitigation and Conservation Commission, and of which $1,694,000 for
    necessary expenses incurred in carrying out related responsibilities of
    the Secretary of the Interior. For fiscal year 2011, the Commission may
    use an amount not to exceed $1,500,000 for administrative expenses.

                             Bureau of Reclamation

        The following appropriations shall be expended to execute
    authorized functions of the Bureau of Reclamation:

                          water and related resources

                         (including transfers of funds)

        For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other facilities,
    participation in fulfilling related Federal responsibilities to Native
    Americans, and related grants to, and cooperative and other agreements
    with, State and local governments, federally recognized Indian tribes,
    and others, $938,600,000, to remain available until expended, of which
    $11,746,000 shall be available for transfer to the Upper Colorado River
    Basin Fund and $8,627,000 shall be available for transfer to the Lower
    Colorado River Basin Development Fund; of which such amounts as may be
    necessary may be advanced to the Colorado River Dam Fund: Provided,
    That such transfers may be increased or decreased within the overall
    appropriation under this heading:  Provided further, That of the total
    appropriated, the amount for program activities that can be financed by
    the Reclamation Fund or the Bureau of Reclamation special fee account
    established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
    account:  Provided further, That funds contributed under 43 U.S.C. 395
    are available until expended for the purposes for which contributed:
    Provided further, That funds advanced under 43 U.S.C. 397a shall be
    credited to this account and are available until expended for the same
    purposes as the sums appropriated under this heading: Provided, That
    the funds provided herein for the St. Mary Storage Unit facilities,
    Milk River Project, Montana, shall be used on a nonreimbursible basis:
    Provided further, That $1,476,000 of the funds appropriated under this
    heading shall be deposited in the San Gabriel Basin Restoration Fund
    established by section 110 of title I of appendix D of Public Law 106-
    554:  Provided further, That funds available for expenditure for the
    Departmental Irrigation Drainage Program may be expended by the Bureau
    of Reclamation for site remediation on a nonreimbursable basis:
    Provided further, That of the amounts provided herein, funds may be
    used for high priority projects which shall be carried out by the Youth
    Conservation Corps, as authorized by 16 U.S.C. 1706.

                    central valley project restoration fund

        For carrying out the programs, projects, plans, habitat
    restoration, improvement, and acquisition provisions of the Central
    Valley Project Improvement Act, $49,915,000, to be derived from such
    sums as may be collected in the Central Valley Project Restoration Fund
    pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
    102-575, to remain available until expended: Provided, That the Bureau
    of Reclamation is directed to assess and collect the full amount of the
    additional mitigation and restoration payments authorized by section
    3407(d) of Public Law 102-575:  Provided further, That none of the
    funds made available under this heading may be used for the acquisition
    or leasing of water for in-stream purposes if the water is already
    committed to in-stream purposes by a court adopted decree or order.

                        california bay-delta restoration

                         (including transfer of funds)

        For carrying out activities authorized by the Water Supply,
    Reliability, and Environmental Improvement Act, consistent with plans
    to be approved by the Secretary of the Interior, $40,000,000, to remain
    available until expended, of which such amounts as may be necessary to
    carry out such activities may be transferred to appropriate accounts of
    other participating Federal agencies to carry out authorized purposes:
    Provided, That funds appropriated herein may be used for the Federal
    share of the costs of CALFED Program management:  Provided further,
    That the use of any funds provided to the California Bay-Delta
    Authority for programwide management and oversight activities shall be
    subject to the approval of the Secretary of the Interior:  Provided
    further, That CALFED implementation shall be carried out in a balanced
    manner with clear performance measures demonstrating concurrent
    progress in achieving the goals and objectives of the Program.

                           policy and administration

        For necessary expenses of policy, administration, and related
    functions in the Office of the Commissioner, the Denver office, and
    offices in the five regions of the Bureau of Reclamation, to remain
    available until expended, $61,200,000, to be derived from the
    Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
    Provided, That no part of any other appropriation in this Act shall be
    available for activities or functions budgeted as policy and
    administration expenses.

                            administrative provision

        Appropriations for the Bureau of Reclamation shall be available for
    purchase of not to exceed 5 passenger motor vehicles, which are for
    replacement only.

                 General Provisions--Department of the Interior

        Sec. 201. (a) None of the funds provided in title II of this Act
    for Water and Related Resources, or provided by previous appropriations
    Acts to the agencies or entities funded in title II of this Act for
    Water and Related Resources that remain available for obligation or
    expenditure in fiscal year 2011, shall be available for obligation or
    expenditure through a reprogramming of funds that--
                (1) initiates or creates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) increases funds for any program, project, or activity
            for which funds have been denied or restricted by this Act,
            unless prior approval is received from the Committees on
            Appropriations of the House of Representatives and the Senate;
                (4) restarts or resumes any program, project or activity
            for which funds are not provided in this Act, unless prior
            approval is received from the Committees on Appropriations of
            the House of Representatives and the Senate;
                (5) transfers funds in excess of the following limits,
            unless prior approval is received from the Committees on
            Appropriations of the House of Representatives and the Senate:
                        (A) 15 percent for any program, project or activity
                    for which $2,000,000 or more is available at the
                    beginning of the fiscal year; or
                        (B) $300,000 for any program, project or activity
                    for which less than $2,000,000 is available at the
                    beginning of the fiscal year;
                (6) transfers more than $500,000 from either the Facilities
            Operation, Maintenance, and Rehabilitation category or the
            Resources Management and Development category to any program,
            project, or activity in the other category, unless prior
            approval is received from the Committees on Appropriations of
            the House of Representatives and the Senate; or
                (7) transfers, where necessary to discharge legal
            obligations of the Bureau of Reclamation, more than $5,000,000
            to provide adequate funds for settled contractor claims,
            increased contractor earnings due to accelerated rates of
            operations, and real estate deficiency judgments, unless prior
            approval is received from the Committees on Appropriations of
            the House of Representatives and the Senate.
        (b) Subsection (a)(5) shall not apply to any transfer of funds
    within the Facilities Operation, Maintenance, and Rehabilitation
    category.
        (c) For purposes of this section, the term ``transfer'' means any
    movement of funds into or out of a program, project, or activity.
        (d) The Bureau of Reclamation shall submit reports on a quarterly
    basis to the Committees on Appropriations of the House of
    Representatives and the Senate detailing all the funds reprogrammed
    between programs, projects, activities, or categories of funding. The
    first quarterly report shall be submitted not later than 60 days after
    the date of enactment of this Act.
        Sec. 202. (a) None of the funds appropriated or otherwise made
    available by this Act may be used to determine the final point of
    discharge for the interceptor drain for the San Luis Unit until
    development by the Secretary of the Interior and the State of
    California of a plan, which shall conform to the water quality
    standards of the State of California as approved by the Administrator
    of the Environmental Protection Agency, to minimize any detrimental
    effect of the San Luis drainage waters.
        (b) The costs of the Kesterson Reservoir Cleanup Program and the
    costs of the San Joaquin Valley Drainage Program shall be classified by
    the Secretary of the Interior as reimbursable or nonreimbursable and
    collected until fully repaid pursuant to the ``Cleanup Program-
    Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
    Plan'' described in the report entitled ``Repayment Report, Kesterson
    Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
    February 1995'', prepared by the Department of the Interior, Bureau of
    Reclamation. Any future obligations of funds by the United States
    relating to, or providing for, drainage service or drainage studies for
    the San Luis Unit shall be fully reimbursable by San Luis Unit
    beneficiaries of such service or studies pursuant to Federal
    reclamation law.
        Sec. 203.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used to pay the salaries and
    expenses of personnel to purchase or lease water in the Middle Rio
    Grande or the Carlsbad Projects in New Mexico unless said purchase or
    lease is in compliance with the purchase requirements of section 202 of
    Public Law 106-60.
        Sec. 204.  Funds under this title for Drought Emergency Assistance
    shall be made available primarily for leasing of water for specified
    drought related purposes from willing lessors, in compliance with
    existing State laws and administered under State water priority
    allocation.
        Sec. 205.  Section 529(b)(3) of Public Law 106-541 is amended by
    striking ``$20,000,000'' and inserting ``$30,000,000'' in lieu thereof.
        Sec. 206. (a) Notwithstanding any other provision of law, of
    amounts made available under section 2507 of the Farm Security and
    Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171),
    the Secretary of the Interior, acting through the Commissioner of
    Reclamation, shall allocate--
                (1) $11,300,000 to the Bureau of Indian Affairs, of which--
                        (A) $7,400,000 shall be for the participation by
                    the Walker River Paiute Tribe in the settlement of
                    surface water rights in the Walker River Basin,
                    including water associated with the Walker River Indian
                    Reservation;
                        (B) $1,000,000 shall be for the Walker River Paiute
                    Tribe for legal and professional services in support of
                    settling tribal water claims in the Walker River Basin;
                    and
                        (C) $2,900,000 shall be for the acquisition of
                    property upstream from and adjacent to the Reservation,
                    title to which shall be taken in the name of the United
                    States to be held in trust for the Tribe, and shall be
                    added to the Reservation and appurtenant water rights
                    which shall be used for the benefit of Walker Lake;
                (2) $2,500,000 to the Federal Water Master of the Walker
            River, Nevada, for water monitoring and measurement improvement
            in the Walker River Basin;
                (3) $3,080,000 to the Environmental Protection Agency, to
            provide funding relating to the Anaconda Mine site in Lyon
            County, Nevada, of which--
                        (A) $750,000 shall be for groundwater testing for
                    Arimetco portions of the site; and
                        (B) $2,330,000 shall be for a pilot closure of an
                    Arimetco heap leach pad;
                (4) $6,250,000 to provide grants of equal amounts to the
            State of Nevada, the State of California, the Truckee Meadows
            Water Authority, the Pyramid Lake Paiute Tribe, and the Federal
            Water Master of the Truckee River to implement the Truckee-
            Carson-Pyramid Lake Water Rights Settlement Act (title II of
            Public Law 101-618; 104 Stat. 3294);
                (5) $5,000,000 to be divided equally by the City of
            Fernley, Nevada, and the Pyramid Lake Paiute Tribe for joint
            planning and development activities for water, wastewater, and
            sewer facilities;
                (6) $17,200,000 to the Pyramid Lake Paiute Tribe for the
            benefit of the Truckee River and Pyramid Lake, of which--
                        (A) $10,000,000 shall be used for 1 or more of--
                                (i) implementing the 1996 Truckee River
                            Water Quality Settlement Agreement; and
                                (ii) implementing the Newland Project Water
                            Rights Fund for retirement of water rights;
                        (B) $4,200,000 shall be used for 1 or more of--
                                (i) payment to the City of Fernley, with
                            the agreement of the City, to temporarily
                            transfer water rights owned by the City to the
                            Truckee River; and
                                (ii) acquisition of ground-water rights to
                            be traded with the City of Fernley, with the
                            agreement of the City, for Truckee River water
                            rights; and
                        (C) $3,000,000 to acquire interests in fee-patented
                    land, water rights, or surface rights to land within or
                    contiguous to the exterior boundaries of the Pyramid
                    Lake Indian Reservation;
                (7) $15,000,000 to an entity selected by the Truckee
            Meadows Water Authority, Washoe County, and the cities of Reno
            and Sparks, Nevada, to acquire up to 6,700 acre-feet of water
            rights to help implement the Truckee River Operating Agreement;
                (8) $500,000 to Washoe County, Nevada, for a Regional
            Strategic Initiative to develop wastewater effluent management
            and reclaimed water resources;
                (9) $5,000,000 to the City of Sparks, Nevada, related to
            upgrading and realigning the North Truckee Drain for improved
            flood control;
                (10) $715,000 to the Pyramid Lake Paiute Tribe to enhance
            fish reproduction in the Truckee River watershed and to develop
            a water quality model for Pyramid Lake;
                (11) $1,500,000 to the Specialty Crop Institute of Western
            Nevada College to support alternative crops and alternative
            agricultural cooperatives programs that promote water
            conservation;
                (12) $1,000,000 to the Desert Research Institute to monitor
            reservoir evaporation and invasive species in the southwestern
            United States, including work in the Walker Basin; and
                (13) not more than $8,455,000 of available funds to the
            United States Fish and Wildlife Service to acquire water and
            water rights, with or without the land to which the rights are
            appurtenant, pursuant to subsection 206(a) of the Truckee-
            Carson-Pyramid Lake Water Rights Settlement Act (title II of
            Public Law 101-618; 104 Stat. 3308).
        (b) Section 208 of the Energy and Water Development and Related
    Agencies Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858)
    is amended--
                (1) in subsection (a)(1)--
                        (A) by striking ``$66,200,000'' and inserting
                    ``$81,200,000''; and
                        (B) by inserting ``, and including associated
                    activities that enhance recovery of the federally
                    threatened Lahontan cutthroat trout'' after ``Rivers'';
                    and
                (2) in subsection (b)(1)(B)--
                        (A) in clause (i)(I), after ``inflows'', by
                    inserting ``beginning on the date on which the first
                    lease under the demonstration program is signed''; and
                        (B) by adding at the end the following:
                                ``(vii) $15,000,000 to be used as described
                            in subparagraph (A), as determined by the
                            National Fish and Wildlife Foundation:
                            Provided, That the National Fish and Wildlife
                            Foundation shall consult with Mono County,
                            California, prior to spending any funds under
                            this section to lease surface water rights
                            appurtenant to lands in California.''.
        (c) Section 208(a) of division C of the Consolidated Appropriations
    Act, 2008 (Public Law 110-161; 121 Stat. 1953) is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (C), by adding ``and'' at the
                    end;
                        (B) by striking subsections (D) and (E); and
                        (C) by redesignating subparagraph (F) as
                    subparagraph (D); and
                (2) in paragraph (3), by striking ``restoration efforts at
            the Summit Lake in Northern Washoe County'' and inserting
            ``restoration and environmental protection efforts at the
            Summit Lake in Humboldt County''.
        (d) Notwithstanding this section or any amendment made by this
    section, the Commissioner of Reclamation may retain sufficient amounts
    from funds allocated to the Commissioner to administer all financial
    assistance agreements under the Desert Terminal Lakes program under
    section 2507 of the Farm Security and Rural Investment Act of 2002 (43
    U.S.C. 2211 note; Public Law 107-171).
        Sec. 207.  The Secretary of the Interior may extend the contract
    for water services between the United States and the East Bench
    Irrigation District, numbered 14-06-600-3593, until the earlier of--
                (1) the date that is 2 years after the date on which the
            contract would have expired if this Act had not been enacted;
            or
                (2) the date on which a new long-term contract is executed
            by the parties to the contract.
        Sec. 208.  The Secretary of the Interior is hereby directed,
    through the Commissioner of Reclamation, to amend or re-issue Seasonal
    Recreation Use Permits for the Northside Trailer Areas 1 and 2 and
    Southside Trailer Area around Heart Butte Reservoir (Lake Tschida) in
    North Dakota to extend the valid time period for those permits from the
    current 12 years to 15 years, to be measured from the date of original
    issuance, April 3, 2010. The amended or re-issued permits shall contain
    language ensuring the affected permits are fully transferrable for the
    full 15-year period.

                                   TITLE III

                              DEPARTMENT OF ENERGY

                                ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for energy efficiency and renewable energy
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, $2,242,500,000 to
    remain available until expended: Provided, That $145,000,000 shall be
    available until September 30, 2012 for program direction:  Provided
    further, That within the amounts appropriated, $211,580,000 shall be
    used for the projects specified in the table that appears under the
    heading ``Congressionally Directed Energy Efficiency and Renewable
    Energy Projects'' in the text and table under this heading in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

                  Electricity Delivery and Energy Reliability

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for electricity delivery and energy reliability
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, $172,000,000 to
    remain available until expended: Provided, That $27,049,000 shall be
    available until September 30, 2012 for program direction:  Provided
    further, That within the amounts appropriated, $11,050,000 shall be
    used for the projects specified in the table that appears under the
    heading ``Congressionally Directed Electricity Delivery and Energy
    Reliability Projects'' in the text and table under this heading in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided further, That
    notwithstanding section 3304 of title 5, United States Code, and
    without regard to the provisions of sections 3309 through 3318 of such
    title 5, the Secretary of Energy, upon a determination that there is a
    severe shortage of candidates or a critical hiring need for particular
    positions, may from within the funds provided, recruit and directly
    appoint highly qualified individuals into the competitive service:
    Provided further, That such authority shall not apply to positions in
    the Excepted Service or the Senior Executive Service:  Provided
    further, That any action authorized herein shall be consistent with the
    merit principles of section 2301 of such title 5, and the Department
    shall comply with the public notice requirements of section 3327 of
    such title 5.

                                 Nuclear Energy

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for nuclear energy activities in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101
    et seq.), including the acquisition or condemnation of any real
    property or any facility or for plant or facility acquisition,
    construction, or expansion, and the purchase of not more than 9 buses,
    all for replacement only, $775,000,000, to remain available until
    expended: Provided, That $86,452,000 shall be available until September
    30, 2012 for program direction:  Provided further, That if by June 30,
    2011 the Secretary has not determined to proceed with the second
    project phase of the Next Generation Nuclear Plant program in
    accordance with section 643(b)(2) of the Energy Policy Act of 2005,
    $23,000,000 of the $103,000,000 appropriated for the Next Generation
    Nuclear Plant program shall be transferred to the Small Modular Reactor
    program to remain available until expended: Provided further, That
    within the amounts appropriated, $7,800,000 shall be used for the
    projects specified in the table that appears under the heading
    ``Congressionally Directed Nuclear Energy Projects'' in the text and
    table under this heading in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                     Fossil Energy Research and Development

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of
    interest, including defeasible and equitable interests in any real
    property or any facility or for plant or facility acquisition or
    expansion, and for conducting inquiries, technological investigations,
    and research concerning the extraction, processing, use, and disposal
    of mineral substances without objectionable social and environmental
    costs under section 2 of the Act of May 16, 1910 (chapter 240; 30
    U.S.C. 3) and sections 3 and 4 of the National Materials and Minerals
    Policy, Research and Development Act of 1980 (30 U.S.C. 1602 and 1603),
    $672,000,000, to remain available until expended: Provided, That
    $161,000,000 shall be available until September 30, 2012 for program
    direction: Provided further, That within the amounts appropriated,
    $23,000,000 shall be used for the projects specified in the table that
    appears under the heading ``Congressionally Directed Fossil Energy
    Projects'' in the text and table under this heading in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).

                     Naval Petroleum and Oil Shale Reserves

        For expenses necessary to carry out naval petroleum and oil shale
    reserve activities, $23,614,000, to remain available until expended:
    Provided, That, notwithstanding any other provision of law, unobligated
    funds remaining from prior years shall be available for all naval
    petroleum and oil shale reserve activities.

                          Strategic Petroleum Reserve

        For necessary expenses for Strategic Petroleum Reserve facility
    development and operations and program management activities pursuant
    to the Energy Policy and Conservation Act of 1975, (42 U.S.C. 6201 et
    seq.), $209,861,000, to remain available until expended.

                       Northeast Home Heating Oil Reserve

        For necessary expenses for Northeast Home Heating Oil Reserve
    storage, operation, and management activities pursuant to the Energy
    Policy and Conservation Act, $11,300,000, to remain available until
    expended.

                       Energy Information Administration

        For necessary expenses in carrying out the activities of the Energy
    Information Administration, $111,000,000, to remain available until
    expended.

                       Non-Defense Environmental Cleanup

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for non-defense environmental cleanup activities in
    carrying out the purposes of the Department of Energy Organization Act
    (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
    any real property or any facility or for plant or facility acquisition,
    construction, or expansion, $244,163,000, to remain available until
    expended.

          Uranium Enrichment Decontamination and Decommissioning Fund

        For necessary expenses in carrying out uranium enrichment facility
    decontamination and decommissioning, remedial actions, and other
    activities of title II of the Atomic Energy Act of 1954, and title X,
    subtitle A, of the Energy Policy Act of 1992, $550,000,000 to be
    derived from the Uranium Enrichment Decontamination and Decommissioning
    Fund, to remain available until expended.

                                    Science

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for science activities in carrying out the purposes
    of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or
    facility or for plant or facility acquisition, construction, or
    expansion, and purchase of not more than 57 passenger motor vehicles,
    56 of which are for replacement only, including two law enforcement
    vehicles, two ambulances, and two buses, $4,904,000,000, to remain
    available until expended: Provided, That $202,000,000 shall remain
    available until September 30, 2012 for program direction:  Provided
    further, That within the amounts appropriated, $61,650,000 shall be
    used for the projects specified in the table that appears under the
    heading ``Congressionally Directed Office of Science Projects'' in the
    text and table under this heading in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                   advanced research projects agency--energy

        For necessary expenses in carrying out the activities authorized by
    section 5012 of the America COMPETES Act (Public Law 110-69),
    $200,000,000, to remain available until expended: Provided, That
    $20,000,000 shall remain available until September 30, 2012 for program
    direction: Provided further, That of the funds provided in this
    paragraph, the Director shall have the authority to fix basic pay and
    payments in addition to basic pay without regard to the civil service
    laws, provided that aggregate pay does not exceed the Vice President's
    salary as specified in 3 U.S.C. section 104.

             Title 17 Innovative Technology Loan Guarantee Program

                        (including rescission of funds)

        Subject to section 502 of the Congressional Budget Act of 1974,
    amounts necessary to support commitments to guarantee loans under title
    XVII of the Energy Policy Act of 2005, not to exceed a total principal
    amount of $12,000,000,000, to remain available until committed:
    Provided, That of such amount $8,000,000,000 is for nuclear power
    facilities and $4,000,000,000 is for fossil energy technologies:
    Provided further, That these amounts are in addition to authorities
    provided in any other Act: Provided further, That for amounts collected
    pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the
    source of such payment received from borrowers may not be a loan or
    other debt obligation that is guaranteed by the Federal Government:
    Provided further, That pursuant to section 1702(b)(2) of the Energy
    Policy Act of 2005, no appropriations are available to pay the subsidy
    cost of such guarantees for nuclear power facilities or fossil energy
    technologies: Provided further, That none of the loan guarantee
    authority made available in this Act shall be available for commitments
    to guarantee loans for any projects where funds, personnel, or property
    (tangible or intangible) of any Federal agency, instrumentality,
    personnel, or affiliated entity are expected be used (directly or
    indirectly) through acquisitions, contracts, demonstrations, exchanges,
    grants, incentives, leases, procurements, sales, other transaction
    authority, or other arrangements, to support the project or to obtain
    goods or services from the project: Provided further, That the previous
    proviso shall not be interpreted as precluding the use of the loan
    guarantee authority in this Act for commitments to guarantee loans for
    (1) projects as a result of such projects benefitting from otherwise
    allowable Federal income tax benefits; (2) projects as a result of such
    projects benefitting from being located on Federal land pursuant to a
    lease or right-of-way agreement for which all consideration for all
    uses is (A) paid exclusively in cash, (B) deposited in the Treasury as
    offsetting receipts, and (C) equal to the fair market value as
    determined by the head of the relevant Federal agency; (3) projects as
    a result of such projects benefitting from Federal insurance programs,
    including under section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
    2210; commonly known as the ``Price-Anderson Act''); or (4) electric
    generation projects using transmission facilities owned or operated by
    a Federal Power Marketing Administration or the Tennessee Valley
    Authority that have been authorized, approved, and financed independent
    of the project receiving the guarantee: Provided further, That none of
    the loan guarantee authority made available in this Act shall be
    available for any project unless the Director of the Office of
    Management and Budget has certified in advance in writing that the loan
    guarantee and the project comply with the provisions under this
    section: Provided further, That in addition to amounts otherwise made
    available by this Act, $405,982,000 is appropriated, to remain
    available until expended, for the cost of loan guarantees for projects
    that employ: (1) new or significantly improved technologies of
    renewable energy systems or efficient end-use energy technologies under
    section 1703 of the Energy Policy Act of 2005; or (2) notwithstanding
    section 1703(a)(2), commercial technologies of renewable energy
    systems, efficient end-use energy technologies, or leading edge biofuel
    projects: Provided further, That of the authority provided for
    commitments to guarantee loans under ``Department of Energy--Energy
    Programs--Title 17 Innovative Technology Loan Guarantee Program'' in
    title III of division C of Public Law 111-8 and title III of division C
    of Public Law 110-161, $18,000,000,000 are rescinded: Provided further,
    That an additional amount for necessary administrative expenses to
    carry out this Loan Guarantee program, $58,000,000 is appropriated, to
    remain available until expended: Provided further, That $58,000,000 of
    the fees collected pursuant to section 1702(h) of the Energy Policy Act
    of 2005 shall be credited as offsetting collections to this account to
    cover administrative expenses and shall remain available until
    expended, so as to result in a final fiscal year 2011 appropriations
    from the general fund estimated at not more than $0: Provided further,
    That fees collected under such section 1702(h) in excess of the amount
    appropriated for administrative expenses shall not be available until
    appropriated.

            Advanced Technology Vehicles Manufacturing Loan Program

        For administrative expenses in carrying out the Advanced Technology
    Vehicles Manufacturing Loan Program, $9,998,000, to remain available
    until expended.

                          Departmental Administration

        For salaries and expenses of the Department of Energy necessary for
    departmental administration in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the hire of passenger motor vehicles and official reception
    and representation expenses not to exceed $30,000; $288,872,000, to
    remain available until September 30, 2012, plus such additional amounts
    as necessary to cover increases in the estimated amount of cost of work
    for others notwithstanding the provisions of the Anti-Deficiency Act
    (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
    are offset by revenue increases of the same or greater amount, to
    remain available until expended:  Provided further, That moneys
    received by the Department for miscellaneous revenues estimated to
    total $119,740,000 in fiscal year 2011 may be retained and used for
    operating expenses within this account, and shall remain available
    until September 30, 2012, as authorized by section 201 of Public Law
    95-238, notwithstanding the provisions of 31 U.S.C. 3302:  Provided
    further, That the sum herein appropriated shall be reduced by the
    amount of miscellaneous revenues received during 2011, and any related
    appropriated receipt account balances remaining from prior years'
    miscellaneous revenues, so as to result in a final fiscal year 2011
    appropriation from the general fund estimated at not more than
    $169,132,000.

                        Office of the Inspector General

        For necessary expenses of the Office of the Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $42,850,000, to remain available until September 30, 2012.

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    NATIONAL NUCLEAR SECURITY ADMINISTRATION

                               Weapons Activities

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense weapons
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, the purchase of not
    to exceed one ambulance and one aircraft; $7,008,835,000, to remain
    available until expended: Provided, That of the funds appropriated
    under this heading, $30,000,000 is directed for the 09-D-007 LANSCE
    Refurbishment, Los Alamos National Laboratory, Los Alamos, New Mexico:
    Provided further, That within the amounts appropriated, $2,000,000
    shall be used for the projects specified in the table that appears
    under the heading ``Congressionally Directed Weapons Activities
    Projects'' in the text and table under this heading in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).

                        Defense Nuclear Nonproliferation

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for defense nuclear nonproliferation
    activities, in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, and the purchase of
    not to exceed one passenger motor vehicle for replacement only,
    $2,575,167,000, to remain available until expended.

                                 Naval Reactors

        For Department of Energy expenses necessary for naval reactors
    activities to carry out the Department of Energy Organization Act (42
    U.S.C. 7101 et seq.), including the acquisition (by purchase,
    condemnation, construction, or otherwise) of real property, plant, and
    capital equipment, facilities, and facility expansion, $945,133,000, to
    remain available until expended.

                          Office of the Administrator

        For necessary expenses of the Office of the Administrator in the
    National Nuclear Security Administration, including official reception
    and representation expenses not to exceed $12,000, $438,267,000, to
    remain available until September 30, 2012: Provided, That within the
    amounts appropriated, $13,150,000 shall be used for the projects
    specified in the table that appears under the heading ``Congressionally
    Directed Office of the Administrator (NNSA) Projects'' in the text and
    table under this heading in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                   ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                         Defense Environmental Cleanup

                         (including transfer of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for atomic energy defense environmental cleanup
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, and the purchase of
    not to exceed two ambulances and one fire truck for replacement only,
    $5,260,135,000, to remain available until expended, of which
    $33,700,000 shall be transferred to the ``Uranium Enrichment
    Decontamination and Decommissioning Fund'': Provided, That $355,000,000
    shall remain available until September 30, 2012 for program direction.

                            Other Defense Activities

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses, necessary for atomic energy defense, other defense
    activities, and classified activities, in carrying out the purposes of
    the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, and the purchase of not to exceed 10 passenger motor
    vehicles for replacement only, $866,317,000, to remain available until
    expended: Provided, That $120,244,000 shall be available until
    September 30, 2012 for program direction: Provided further, That within
    the amounts appropriated, $2,000,000 shall be used for the projects
    specified in the table that appears under the heading ``Congressionally
    Directed Other Defense Activities Projects'' in the text and table
    under this heading in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act).

                        POWER MARKETING ADMINISTRATIONS

                      Bonneville Power Administration Fund

        Expenditures from the Bonneville Power Administration Fund,
    established pursuant to Public Law 93-454, are approved for official
    reception and representation expenses in an amount not to exceed
    $7,000. During fiscal year 2011, no new direct loan obligations may be
    made.

          Operation and Maintenance, Southeastern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric power and energy,
    including transmission wheeling and ancillary services pursuant to
    section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
    to the southeastern power area, $8,034,000, to remain available until
    expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5
    of the Flood Control Act of 1944, up to $8,034,000 collected by the
    Southeastern Power Administration from the sale of power and related
    services shall be credited to this account as discretionary offsetting
    collections, to remain available until expended for the sole purpose of
    funding the annual expenses of the Southeastern Power Administration:
    Provided further, That the sum herein appropriated for annual expenses
    shall be reduced as collections are received during the fiscal year so
    as to result in a final fiscal year 2011 appropriation estimated at not
    more than $0:  Provided further, That, notwithstanding 31 U.S.C. 3302,
    up to $74,157,000 collected by the Southeastern Power Administration
    pursuant to the Flood Control Act of 1944 to recover purchase power and
    wheeling expenses shall be credited to this account as offsetting
    collections, to remain available until expended for the sole purpose of
    making purchase power and wheeling expenditures:  Provided further,
    That for purposes of this appropriation, annual expenses means
    expenditures that are generally recovered in the same year that they
    are incurred (excluding purchase power and wheeling expenses).

          Operation and Maintenance, Southwestern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric power and energy, for
    construction and acquisition of transmission lines, substations and
    appurtenant facilities, and for administrative expenses, including
    official reception and representation expenses in an amount not to
    exceed $1,500 in carrying out section 5 of the Flood Control Act of
    1944 (16 U.S.C. 825s), as applied to the Southwestern Power
    Administration, $46,312,000, to remain available until expended:
    Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
    Flood Control Act of 1944 (16 U.S.C. 825s), up to $33,613,000 collected
    by the Southwestern Power Administration from the sale of power and
    related services shall be credited to this account as discretionary
    offsetting collections, to remain available until expended, for the
    sole purpose of funding the annual expenses of the Southwestern Power
    Administration:  Provided further, That the sum herein appropriated for
    annual expenses shall be reduced as collections are received during the
    fiscal year so as to result in a final fiscal year 2011 appropriation
    estimated at not more than $12,699,000:  Provided further, That,
    notwithstanding 31 U.S.C. 3302, up to $39,000,000 collected by the
    Southwestern Power Administration pursuant to the Flood Control Act of
    1944 to recover purchase power and wheeling expenses shall be credited
    to this account as offsetting collections, to remain available until
    expended for the sole purpose of making purchase power and wheeling
    expenditures:  Provided further, That for purposes of this
    appropriation, annual expenses means expenditures that are generally
    recovered in the same year that they are incurred (excluding purchase
    power and wheeling expenses).

     Construction, Rehabilitation, Operation and Maintenance, Western Area
                              Power Administration

        For carrying out the functions authorized by title III, section
    302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
    related activities including conservation and renewable resources
    programs as authorized, including official reception and representation
    expenses in an amount not to exceed $1,500; $285,864,000 to remain
    available until expended, of which $277,430,000 shall be derived from
    the Department of the Interior Reclamation Fund: Provided, That
    notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
    1944 (16 U.S.C. 825s), and section 1 of the Interior Department
    Appropriation Act, 1939 (43 U.S.C. 392a), up to $180,306,000 collected
    by the Western Area Power Administration from the sale of power and
    related services shall be credited to this account as discretionary
    offsetting collections, to remain available until expended, for the
    sole purpose of funding the annual expenses of the Western Area Power
    Administration:  Provided further, That the sum herein appropriated for
    annual expenses shall be reduced as collections are received during the
    fiscal year so as to result in a final fiscal year 2011 appropriation
    estimated at not more than $105,558,000, of which $97,124,000 is
    derived from the Reclamation Fund:  Provided further, That of the
    amount herein appropriated, $7,627,000 is for deposit into the Utah
    Reclamation Mitigation and Conservation Account pursuant to title IV of
    the Reclamation Projects Authorization and Adjustment Act of 1992:
    Provided further, That notwithstanding 31 U.S.C. 3302, up to
    $350,919,000 collected by the Western Area Power Administration
    pursuant to the Flood Control Act of 1944 and the Reclamation Project
    Act of 1939 to recover purchase power and wheeling expenses shall be
    credited to this account as offsetting collections, to remain available
    until expended for the sole purpose of making purchase power and
    wheeling expenditures:  Provided further, That for purposes of this
    appropriation, annual expenses means expenditures that are generally
    recovered in the same year that they are incurred (excluding purchase
    power and wheeling expenses).

               Falcon and Amistad Operating and Maintenance Fund

        For operation, maintenance, and emergency costs for the
    hydroelectric facilities at the Falcon and Amistad Dams, $3,715,000, to
    remain available until expended, and to be derived from the Falcon and
    Amistad Operating and Maintenance Fund of the Western Area Power
    Administration, as provided in section 2 of the Act of June 18, 1954
    (68 Stat. 255): Provided, That notwithstanding the provisions of that
    Act and of 31 U.S.C. 3302, up to $3,495,000 collected by the Western
    Area Power Administration from the sale of power and related services
    from the Falcon and Amistad Dams shall be credited to this account as
    discretionary offsetting collections, to remain available until
    expended for the sole purpose of funding the annual expenses of the
    hydroelectric facilities of these Dams and associated Western Area
    Power Administration activities:  Provided further, That the sum herein
    appropriated for annual expenses shall be reduced as collections are
    received during the fiscal year so as to result in a final fiscal year
    2011 appropriation estimated at not more than $220,000:  Provided
    further, That for purposes of this appropriation, annual expenses means
    expenditures that are generally recovered in the same year that they
    are incurred.

                      Federal Energy Regulatory Commission

                             Salaries and Expenses

        For necessary expenses of the Federal Energy Regulatory Commission
    to carry out the provisions of the Department of Energy Organization
    Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
    U.S.C. 3109, the hire of passenger motor vehicles, and official
    reception and representation expenses not to exceed $3,000,
    $315,600,000, to remain available until expended: Provided, That
    notwithstanding any other provision of law, not to exceed $315,600,000
    of revenues from fees and annual charges, and other services and
    collections in fiscal year 2011 shall be retained and used for
    necessary expenses in this account, and shall remain available until
    expended:  Provided further, That the sum herein appropriated from the
    general fund shall be reduced as revenues are received during fiscal
    year 2011 so as to result in a final fiscal year 2011 appropriation
    from the general fund estimated at not more than $0.

                    GENERAL PROVISIONS--DEPARTMENT OF ENERGY

        Sec. 301. (a) None of the funds provided in this title shall be
    available for obligation or expenditure through a reprogramming of
    funds that--
                (1) creates or initiates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel for any program, project,
            or activity for which funds are denied or restricted by this
            Act;
                (4) reduces funds that are directed to be used for a
            specific program, project, or activity by this Act;
                (5) increases funds for any program, project, or activity
            by more than $5,000,000 or 10 percent, whichever is less; or
                (6) reduces funds for any program, project, or activity by
            more than $5,000,000 or 10 percent, whichever is less;
        (b) The Secretary of Energy may waive this restriction on
    reprogramming under subsection (a) for reasons of national security,
    safety and health, environmental risk, or to accomplish project
    completion. In instances involving the National Nuclear Security
    Administration, the Secretary and the Administrator must jointly waive
    the restriction.
        Sec. 302.  None of the funds made available in this title and
    subsequent appropriation acts may be used to prepare or initiate
    Requests For Proposals (RFPs) or similar arrangements (including but
    not limited to: Requests for Quotations (RFQs), Requests for
    Information (RFIs), Funding Opportunity Announcements (FOAs), etc.) for
    a program or activity if the program or activity has not been funded by
    Congress.
        Sec. 303.  None of the funds appropriated by this Act and
    subsequent appropriation acts may be used--
                (1) to augment the funds made available for obligation by
            this Act for severance payments and other benefits and
            community assistance grants under section 4604 of the Atomic
            Energy Defense Act (50 U.S.C. 2704) unless the Department of
            Energy submits a reprogramming request to the appropriate
            congressional committees; or
                (2) to provide enhanced severance payments or other
            benefits for employees of the Department of Energy under such
            section; or
                (3) develop or implement a workforce restructuring plan
            that covers employees of the Department of Energy.
        Sec. 304.  Plant or construction projects for which amounts are
    made available under this and subsequent appropriation Acts with an
    estimated cost of less than $10,000,000 are considered for purposes of
    section 4703 of the Atomic Energy Defense Act (50 U.S.C. 2743) as a
    plant project for which the approved total estimated cost does not
    exceed the minor construction threshold and for purposes of section
    4704 of the Atomic Energy Defense Act (50 U.S.C. 2744) as a
    construction project with an estimated cost of less than a minor
    construction threshold.
        Sec. 305.  The unexpended balances of prior appropriations provided
    for activities in this title may be available to the same appropriation
    accounts for such activities established pursuant to this title.
    Available balances may be merged with funds in the applicable
    established accounts and thereafter may be accounted for as one fund
    for the same time period as originally enacted.
        Sec. 306.  Funds appropriated by this or any other Act, or made
    available by the transfer of funds in this Act, for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2011 until the enactment of the Intelligence
    Authorization Act for fiscal year 2011.
        Sec. 307.  None of the funds made available in this title may be
    used to approve critical decision-2 or critical decision-3 under
    Department of Energy Order 413.3A, or any successive departmental
    guidance, for construction projects where the total project cost
    exceeds $100,000,000, until a separate independent cost estimate has
    been developed for the project for that critical decision.
        Sec. 308.  None of the funds made available in this title may be
    used to take any action to authorize the construction of any liquefied
    natural gas terminal or its infrastructure to be located within 5 miles
    of the City of Fall River, Massachusetts, or to authorize vessels
    carrying liquefied natural gas to serve such terminal.
        Sec. 309.  None of the funds made available by this title may be
    used to make a discretionary grant allocation, discretionary grant
    award, discretionary contract award, Other Transaction Agreement, or to
    issue a letter of intent totaling in excess of $1,000,000, or to
    announce publicly the intention to make such an award, including a
    contract covered by the Federal Acquisition Regulation, unless the
    Secretary of Energy notifies the Committees on Appropriations of the
    Senate and the House of Representatives at least 3 full business days
    in advance of making such an award or issuing such a letter. The
    notification shall include the recipient, the amount of the award, the
    fiscal year for which the funds for the award were appropriated, and
    the account and program or activity from which the funds are being
    drawn. If the Secretary of the Department of Energy determines that
    compliance with this section would pose a substantial risk to human
    life, health, or safety, an award may be made without notification and
    the Committees on Appropriations of the Senate and the House of
    Representatives shall be notified not later than 5 full business days
    after such an award is made or letter issued. Purchases of power or
    transmission services made by the Federal Power Marketing
    Administrations shall not be subject to the notification requirements
    of this section.
        Sec. 310. (a) Notwithstanding any other provision of law, no funds
    appropriated in this Act, or any other act, may be used in fiscal year
    2011 to transfer, sell, barter, distribute, or otherwise provide more
    than 3.3 million pounds of natural uranium equivalent of uranium in any
    form from the Department's inventory.
        (b) Any transfer, sale, barter, distribution, or other provision of
    uranium in any form under subsection (a) shall be carried out
    consistent with the Department's Excess Uranium Inventory Management
    Plan, dated December 16, 2008.
        (c) The prohibition in subsection (a) shall not apply to the
    transfer, sale, barter, distribution, or provision of uranium in any
    form for use in initial reactor cores.
        (d) Not less than 30 days prior to the provision of uranium in any
    form in accordance with this section, the Secretary shall notify the
    House and Senate Committees on Appropriations, including:
                (1) the amount of uranium to be bartered;
                (2) the estimated market value of the uranium;
                (3) the expected date of provision of the uranium; and
                (4) the recipient of the uranium.
        Sec. 311.  None of the funds made available by this title or prior
    appropriation Acts may be used to make a final or conditional loan
    guarantee award unless the Secretary of Energy provides notification of
    the award, including the proposed subsidy cost, to the Committees on
    Appropriations of the Senate and the House of Representatives at least
    three full business days in advance of such award.
        Sec. 312. (a) Submission to Congress.--The Secretary of Energy
    shall submit to Congress each year, at the time that the President's
    budget is submitted to Congress that year under section 1105(a) of
    title 31, United States Code, a future-years energy program reflecting
    the estimated expenditures and proposed appropriations included in that
    budget. Any such future-years energy program shall cover the fiscal
    year with respect to which the budget is submitted and at least the
    four succeeding fiscal years. A future-years energy program shall be
    included in the fiscal year 2013 budget submission to Congress and
    every fiscal year thereafter.
        (b) Elements.--Each future-years energy program shall contain the
    following:
                (1) The estimated expenditures and proposed appropriations
            necessary to support programs, projects, and activities of the
            Secretary of Energy during the five fiscal year period covered
            by the program, expressed in a level of detail comparable to
            that contained in the budget submitted by the President to
            Congress under section 1105 of title 31, United States Code.
                (2) The estimated expenditures and proposed appropriations
            shaped by high-level, prioritized program and budgetary
            guidance that is consistent with the Administration's policies
            and out-year budget projections and reviewed by the
            Department's senior leadership to ensure that the future-years
            energy program is consistent and congruent with previously
            established program and budgetary guidance.
                (3) A description of the anticipated workload requirements
            for each national laboratory during the five fiscal year
            period.
        (c) Consistency in Budgeting.--
                (1) The Secretary of Energy shall ensure that amounts
            described in subparagraph (A) of paragraph (2) for any fiscal
            year are consistent with amounts described in subparagraph (B)
            of paragraph (2) for that fiscal year.
                (2) Amounts referred to in paragraph (1) are the following:
                        (A) The amounts specified in program and budget
                    information submitted to Congress by the Secretary of
                    Energy in support of expenditure estimates and proposed
                    appropriations in the budget submitted to Congress by
                    the President under section 1105(a) of title 31, United
                    States Code, for any fiscal year, as shown in the
                    future-years energy program submitted pursuant to
                    subsection (a).
                        (B) The total amounts of estimated expenditures and
                    proposed appropriations necessary to support the
                    programs, projects, and activities of the
                    Administration included pursuant to paragraph (5) of
                    section 1105(a) of such title in the budget submitted
                    to Congress under that section for any fiscal year.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                        Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, for necessary expenses
    for the Federal Co-Chairman and the Alternate on the Appalachian
    Regional Commission, for payment of the Federal share of the
    administrative expenses of the Commission, including services as
    authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
    $76,000,000, to remain available until expended.

                    Defense Nuclear Facilities Safety Board

                             salaries and expenses

        For necessary expenses of the Defense Nuclear Facilities Safety
    Board in carrying out activities authorized by the Atomic Energy Act of
    1954, as amended by Public Law 100-456, section 1441, $26,086,000, to
    remain available until expended.

                            Delta Regional Authority

                             salaries and expenses

        For necessary expenses of the Delta Regional Authority and to carry
    out its activities, as authorized by the Delta Regional Authority Act
    of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N
    of said Act, $13,000,000, to remain available until expended.

                               Denali Commission

        For expenses of the Denali Commission including the purchase,
    construction, and acquisition of plant and capital equipment as
    necessary and other expenses, $11,965,000, to remain available until
    expended, notwithstanding the limitations contained in section 306(g)
    of the Denali Commission Act of 1998:  Provided, That funds shall be
    available for construction projects in an amount not to exceed 80
    percent of total project cost for distressed communities, as defined by
    section 307 of the Denali Commission Act of 1998 (division C, title
    III, Public Law 105-277), as amended by section 701 of appendix D,
    title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
    to exceed 50 percent for nondistressed communities.

                      Northern Border Regional Commission

        For necessary expenses of the Northern Border Regional Commission
    in carrying out activities authorized by subtitle V of title 40, United
    States Code, notwithstanding section 15751(b), $1,500,000, to remain
    available until expended.

                     Southeast Crescent Regional Commission

        For necessary expenses of the Southeast Crescent Regional
    Commission in carrying out activities authorized by subtitle V of title
    40, United States Code, notwithstanding section 15751(b), $250,000, to
    remain available until expended.

                         Nuclear Regulatory Commission

                             salaries and expenses

        For necessary expenses of the Nuclear Regulatory Commission in
    carrying out the purposes of the Energy Reorganization Act of 1974 and
    the Atomic Energy Act of 1954, including official representation
    expenses (not to exceed $25,000), $1,053,483,000, to remain available
    until expended: Provided, That of the amount appropriated herein,
    $10,000,000 shall be derived from the Nuclear Waste Fund:   Provided
    further, That revenues from licensing fees, inspection services, and
    other services and collections estimated at $915,220,000 in fiscal year
    2011 shall be retained and used for necessary salaries and expenses in
    this account, notwithstanding 31 U.S.C. 3302, and shall remain
    available until expended:  Provided further, That the sum herein
    appropriated shall be reduced by the amount of revenues received during
    fiscal year 2011 so as to result in a final fiscal year 2011
    appropriation estimated at not more than $138,263,000:  Provided
    further, That of the amounts appropriated, $10,000,000 is provided to
    support university research and development in areas relevant to their
    respective organization's mission, and $5,000,000 is to support a
    Nuclear Science and Engineering Grant Program that will support
    multiyear projects that do not align with programmatic missions but are
    critical to maintaining the discipline of nuclear science and
    engineering.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $10,102,000, to remain available until expended: Provided,
    That revenues from licensing fees, inspection services, and other
    services and collections estimated at $9,092,000 in fiscal year 2011
    shall be retained and be available until expended, for necessary
    salaries and expenses in this account, notwithstanding 31 U.S.C. 3302:
    Provided further, That the sum herein appropriated shall be reduced by
    the amount of revenues received during fiscal year 2011 so as to result
    in a final fiscal year 2011 appropriation estimated at not more than
    $1,010,000.

                      Nuclear Waste Technical Review Board

                             salaries and expenses

        For necessary expenses of the Nuclear Waste Technical Review Board,
    as authorized by Public Law 100-203, section 5051, $3,891,000, to be
    derived from the Nuclear Waste Fund, and to remain available until
    expended.

    Office of the Federal Coordinator for Alaska Natural Gas Transportation
                                    Projects

        For necessary expenses for the Office of the Federal Coordinator
    for Alaska Natural Gas Transportation Projects pursuant to the Alaska
    Natural Gas Pipeline Act of 2004, $4,285,000, to remain available until
    expended: Provided, That any fees, charges, or commissions received
    pursuant to section 802 of Public Law 110-140 in fiscal year 2011 in
    excess of $4,683,000 shall not be available for obligation until
    appropriated in a subsequent Act of Congress.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  None of the funds appropriated by this Act may be used
    in any way, directly or indirectly, to influence congressional action
    on any legislation or appropriation matters pending before Congress,
    other than to communicate to Members of Congress as described in 18
    U.S.C. 1913.
        Sec. 502.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in this Act or any other appropriation Act.
        This division may be cited as the ``Energy and Water Development
    and Related Agencies Appropriations Act, 2011''.

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

                                    TITLE I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of,
    and purchase of commercial insurance policies for, real properties
    leased or owned overseas, when necessary for the performance of
    official business, $334,650,000, of which not to exceed $38,531,000 is
    for executive direction program activities; not to exceed $66,918,000
    is for economic policies and programs activities, including $1,000,000
    that shall be transferred to the National Academy of Sciences for a
    study by the Board on Mathematical Sciences and Their Applications on
    the long-term economic effects of the aging population in the United
    States, to remain available until September 30, 2012; not to exceed
    $86,075,000 is for financial policies and programs activities; not to
    exceed $102,613,000 is for terrorism and financial intelligence
    activities; and not to exceed $40,512,000 is for Treasury-wide
    management policies and programs activities: Provided, That the
    Secretary of the Treasury is authorized to transfer funds appropriated
    for any program activity of the Departmental Offices to any other
    program activity of the Departmental Offices upon notification to the
    Committees on Appropriations: Provided further, That no appropriation
    for any program activity shall be increased or decreased by more than 4
    percent by all such transfers: Provided further, That any change in
    funding greater than 4 percent shall be submitted for approval to the
    Committees on Appropriations: Provided further, That of the amount
    appropriated under this heading, not to exceed $3,000,000, to remain
    available until September 30, 2012, is for information technology
    modernization requirements; not to exceed $200,000 is for official
    reception and representation expenses; $400,000 is to support increased
    international representation commitments of the Secretary; and not to
    exceed $258,000 is for unforeseen emergencies of a confidential nature,
    to be allocated and expended under the direction of the Secretary of
    the Treasury and to be accounted for solely on his certificate:
    Provided further, That of the amount appropriated under this heading,
    $6,787,000, to remain available until September 30, 2012, is for the
    Treasury-wide Financial Statement Audit and Internal Control Program,
    of which such amounts as may be necessary may be transferred to
    accounts of the Department's offices and bureaus to conduct audits:
    Provided further, That this transfer authority shall be in addition to
    any other provided in this Act: Provided further, That of the amount
    appropriated under this heading, $500,000, to remain available until
    September 30, 2012, is for secure space requirements: Provided further,
    That of the amount appropriated under this heading, $1,100,000, to
    remain available until September 30, 2012, is for salary and benefits
    for hiring of personnel whose work will require completion of a
    security clearance investigation in order to perform highly classified
    work to further the activities of the Office of Terrorism and Financial
    Intelligence: Provided further, That of the amount appropriated under
    this heading, up to $3,400,000, to remain available until September 30,
    2013, is to develop and implement programs within the Office of
    Critical Infrastructure Protection and Compliance Policy, including
    entering into cooperative agreements: Provided further, That of the
    amount appropriated under this heading, $3,000,000, to remain available
    until September 30, 2013, is for modernizing the Office of Debt
    Management's information technology: Provided further, That
    notwithstanding any other provision of law, up to $1,000,000, may be
    contributed to the Global Forum on Transparency and Exchange of
    Information for Tax Purposes, a Part II Program of the Organization for
    Economic Cooperation and Development (OECD), to cover the cost assessed
    by that organization for Treasury's participation therein, and to the
    Forum on Tax Administration of the OECD in which the Internal Revenue
    Service participates, to support the work of that forum to improve
    global tax administration: Provided further, That of the amount
    appropriated under this heading, $2,500,000 shall be to supplement and
    not supplant training, recruitment, retention, and hiring additional
    members of the acquisition workforce as defined by the Office of
    Federal Procurement Policy Act (41 U.S.C. 401 et seq.) and for
    information technology in support of acquisition workforce
    effectiveness and management.

            department-wide systems and capital investments programs

                         (including transfer of funds)

        For development and acquisition of automatic data processing
    equipment, software, and services for the Department of the Treasury,
    $11,000,000, to remain available until September 30, 2013: Provided,
    That these funds shall be transferred to accounts and in amounts as
    necessary to satisfy the requirements of the Department's offices,
    bureaus, and other organizations: Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act: Provided further, That none of the funds appropriated
    under this heading shall be used to support or supplement ``Internal
    Revenue Service, Operations Support'' or ``Internal Revenue Service,
    Business Systems Modernization''.

                          office of inspector general

                             salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $32,269,000, of which not to exceed $2,000,000 for official travel
    expenses, including hire of passenger motor vehicles; of which not to
    exceed $100,000 for unforeseen emergencies of a confidential nature, to
    be allocated and expended under the direction of the Inspector General
    of the Treasury, and of which not to exceed $2,500 shall be available
    for official reception and representation expenses.

               treasury inspector general for tax administration

                             salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978,
    including purchase (not to exceed 150 for replacement only for police-
    type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
    services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration;
    $155,452,000, of which not to exceed $6,000,000 shall be available for
    official travel expenses; of which not to exceed $500,000 shall be
    available for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration; and of which not to exceed $1,500 shall be
    available for official reception and representation expenses.

        special inspector general for the troubled asset relief program

                             salaries and expenses

        For necessary expenses of the Office of the Special Inspector
    General in carrying out the provisions of the Emergency Economic
    Stabilization Act of 2008 (Public Law 110-343), $49,600,000.

                      Financial Crimes Enforcement Network

                             salaries and expenses

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel and training
    expenses, including for course development, of non-Federal and foreign
    government personnel to attend meetings and training concerned with
    domestic and foreign financial intelligence activities, law
    enforcement, and financial regulation; not to exceed $14,000 for
    official reception and representation expenses; and for assistance to
    Federal law enforcement agencies, with or without reimbursement,
    $121,000,000, of which not to exceed $45,835,000 shall remain available
    until September 30, 2013; and of which $9,268,000 shall remain
    available until September 30, 2012: Provided, That funds appropriated
    in this account may be used to procure personal services contracts.

                            Treasury Forfeiture Fund

                                  (rescission)

        Of the unobligated balances available under this heading,
    $370,000,000 are rescinded.

                          Financial Management Service

                             salaries and expenses

        For necessary expenses of the Financial Management Service,
    $235,253,000, of which not to exceed $9,220,000 shall remain available
    until September 30, 2013, for information systems modernization
    initiatives; and of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

                    Alcohol and Tobacco Tax and Trade Bureau

                             salaries and expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $101,000,000; of which not to exceed $6,000 for official reception and
    representation expenses; not to exceed $50,000 for cooperative research
    and development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement.

                               United States Mint

                   united states mint public enterprise fund

        Pursuant to 31 U.S.C. 5136, the United States Mint is provided
    funding through the United States Mint Public Enterprise Fund for costs
    associated with the production of circulating coins, numismatic coins,
    and protective services, including both operating expenses and capital
    investments. The aggregate amount of new liabilities and obligations
    incurred during fiscal year 2011 under such section 5136 for
    circulating coinage and protective service capital investments of the
    United States Mint shall not exceed $25,000,000.

                           Bureau of the Public Debt

                         administering the public debt

        For necessary expenses connected with any public-debt issues of the
    United States, $185,985,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $2,000,000 shall remain available until September
    30, 2013, for systems modernization: Provided, That the sum
    appropriated herein from the general fund for fiscal year 2011 shall be
    reduced by not more than $10,000,000 as definitive security issue fees
    and Legacy Treasury Direct Investor Account Maintenance fees are
    collected, so as to result in a final fiscal year 2011 appropriation
    from the general fund estimated at $175,985,000. In addition, $110,000
    to be derived from the Oil Spill Liability Trust Fund to reimburse the
    Bureau for administrative and personnel expenses for financial
    management of the Fund, as authorized by section 1012 of Public Law
    101-380.

       Community Development Financial Institutions Fund Program Account

        To carry out the Community Development Banking and Financial
    Institutions Act of 1994 (Public Law 103-325), including services
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for ES-3, notwithstanding 12
    U.S.C. 4707(d) and (e), $277,400,000, to remain available until
    September 30, 2012; of which $12,000,000 shall be for financial
    assistance, technical assistance, training and outreach programs
    designed to benefit Native American, Native Hawaiian, and Alaskan
    Native communities and provided primarily through qualified community
    development lender organizations with experience and expertise in
    community development banking and lending in Indian country, Native
    American organizations, tribes and tribal organizations and other
    suitable providers; of which $1,000,000 shall be available for the
    grant program under section 1132 of division A of the Housing and
    Economic Recovery Act of 2008 (Public Law 110-289); of which,
    notwithstanding 12 U.S.C. 4707(d) and (e), up to $25,000,000 shall be
    for a Healthy Food Financing Initiative to provide grants and loans to
    community development financial institutions for the purpose of
    offering affordable financing and technical assistance to expand the
    availability of healthy food options in distressed communities; of
    which up to $52,400,000 shall be for initiatives designed to enable
    individuals with low or moderate income levels to establish bank
    accounts and to improve access to the provision of bank accounts as
    authorized by sections 1204 and 1205 of Public Law 111-203, of which
    not less than $2,400,000 shall be for an eligible entity or entities
    located in the State of Hawaii; of which up to $5,000,000 shall be for
    grants to establish loan-loss reserve funds to defray the costs of
    small dollar loan programs as authorized by section 1206 of Public Law
    111-203; and of which up to $26,000,000 may be used for administrative
    expenses, including administration of the New Markets Tax Credit.

                            Internal Revenue Service

                               taxpayer services

        For necessary expenses of the Internal Revenue Service (IRS) to
    provide taxpayer services, including pre-filing assistance and
    education, filing and account services, taxpayer advocacy services, and
    other services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $2,338,215,000, of which not less than
    $6,500,000 shall be for the Tax Counseling for the Elderly Program, of
    which not less than $10,500,000 shall be available for low-income
    taxpayer clinic grants, of which not less than $14,000,000, to remain
    available until September 30, 2012, shall be available for a Community
    Volunteer Income Tax Assistance matching grants program for tax return
    preparation assistance, and of which not less than $212,500,000 shall
    be available for operating expenses of the Taxpayer Advocate Service.

                                  enforcement

                         (including transfer of funds)

        For necessary expenses for tax enforcement activities of the IRS to
    determine and collect owed taxes, to provide legal and litigation
    support, to conduct criminal investigations, to enforce criminal
    statutes related to violations of internal revenue laws and other
    financial crimes, to purchase (for police-type use, not to exceed 850)
    and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to provide
    other services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $5,709,547,000, of which not less than
    $60,257,000 shall be for the Interagency Crime and Drug Enforcement
    program: Provided, That up to $10,000,000 may be transferred as
    necessary from this account to ``Operations Support'' solely for the
    purposes of the Interagency Crime and Drug Enforcement program:
    Provided further, That this transfer authority shall be in addition to
    any other transfer authority provided in this Act.

                               operations support

        For necessary expenses of the IRS to support taxpayer services and
    enforcement programs, including rent payments; facilities services;
    printing; postage; physical security; headquarters and other IRS-wide
    administration activities; research and statistics of income;
    telecommunications; information technology development, enhancement,
    operations, maintenance, and security; the hire of passenger motor
    vehicles (31 U.S.C. 1343(b)); and other services as authorized by 5
    U.S.C. 3109, at such rates as may be determined by the Commissioner;
    $4,079,591,000, of which up to $75,000,000 shall remain available until
    September 30, 2012, for information technology support; of which up to
    $65,000,000 shall remain available until expended for acquisition of
    real property, equipment, construction and renovation of facilities;
    and of which not to exceed $1,000,000 shall remain available until
    September 30, 2013, for research; of which not less than $2,000,000
    shall be for the IRS Oversight Board; of which not to exceed $25,000
    shall be for official reception and representation.

                         business systems modernization

        For necessary expenses of the IRS's business systems modernization
    program, $364,181,000, to remain available until September 30, 2013,
    for the capital asset acquisition of information technology systems,
    including management and related contractual costs of said
    acquisitions, including related IRS labor costs, and contractual costs
    associated with operations authorized by 5 U.S.C. 3109: Provided, That,
    with the exception of labor costs, none of these funds may be obligated
    until the IRS submits to the Committees on Appropriations, and such
    Committees approve, a plan for expenditure that: (1) meets the capital
    planning and investment control review requirements established by the
    Office of Management and Budget (OMB), including Circular A-11; (2)
    complies with the IRS's enterprise architecture, including the
    modernization blueprint; (3) conforms with the IRS's enterprise life
    cycle methodology; (4) is approved by the IRS, the Department of the
    Treasury, and OMB; (5) has been reviewed by the Government
    Accountability Office; and (6) complies with the acquisition rules,
    requirements, guidelines, and systems acquisition management practices
    of the Federal Government.

                   health insurance tax credit administration

        For expenses necessary to implement the health insurance tax credit
    included in the Trade Act of 2002 (Public Law 107-210), $18,987,000.

              administrative provisions--internal revenue service

                         (including transfer of funds)

        Sec. 101.  Not to exceed 5 percent of any appropriation made
    available in this Act to the IRS or not to exceed 3 percent of
    appropriations under the heading ``Enforcement'' may be transferred to
    any other IRS appropriation upon the advance approval of the Committees
    on Appropriations.
        Sec. 102.  The IRS shall maintain a training program to ensure that
    IRS employees are trained in taxpayers' rights, in dealing courteously
    with taxpayers, and in cross-cultural relations.
        Sec. 103.  The IRS shall institute and enforce policies and
    procedures that will safeguard the confidentiality of taxpayer
    information.
        Sec. 104.  Funds made available by this or any other Act to the IRS
    shall be available for improved facilities and increased staffing to
    provide sufficient and effective 1-800 help line service for taxpayers.
    The Commissioner shall continue to make the improvement of the IRS 1-
    800 help line service a priority and allocate resources necessary to
    increase phone lines and staff to improve the IRS 1-800 help line
    service.
        Sec. 105.  None of the funds made available in this Act may be used
    to enter into, renew, extend, administer, implement, enforce, or
    provide oversight of any qualified tax collection contract (as defined
    in section 6306 of the Internal Revenue Code of 1986).

             Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 106.  Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services
    to employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 107.  Not to exceed 2 percent of any appropriations in this
    Act made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Special Inspector General for the Troubled
    Asset Relief Program, Financial Management Service, Alcohol and Tobacco
    Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau
    of the Public Debt, may be transferred between such appropriations upon
    the advance approval of the Committees on Appropriations: Provided,
    That no transfer may increase or decrease any such appropriation by
    more than 2 percent.
        Sec. 108.  Not to exceed 2 percent of any appropriation made
    available in this Act to the IRS may be transferred to the Treasury
    Inspector General for Tax Administration's appropriation upon the
    advance approval of the Committees on Appropriations: Provided, That no
    transfer may increase or decrease any such appropriation by more than 2
    percent.
        Sec. 109.  Of the funds available for the purchase of law
    enforcement vehicles, no funds may be obligated until the Secretary of
    the Treasury certifies that the purchase by the respective Treasury
    bureau is consistent with departmental vehicle management principles:
    Provided, That the Secretary may delegate this authority to the
    Assistant Secretary for Management.
        Sec. 110.  None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 111.  The Secretary of the Treasury may transfer funds from
    Financial Management Service, Salaries and Expenses to the Debt
    Collection Fund as necessary to cover the costs of debt collection:
    Provided, That such amounts shall be reimbursed to such salaries and
    expenses account from debt collections received in the Debt Collection
    Fund.
        Sec. 112.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``12 years'' and inserting ``13
    years''.
        Sec. 113.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States
    Mint to construct or operate any museum without the explicit approval
    of the Committees on Appropriations, the House Committee on Financial
    Services, and the Senate Committee on Banking, Housing and Urban
    Affairs.
        Sec. 114.  None of the funds appropriated or otherwise made
    available by this or any other Act or source to the Department of the
    Treasury, the Bureau of Engraving and Printing, and the United States
    Mint, individually or collectively, may be used to consolidate any or
    all functions of the Bureau of Engraving and Printing and the United
    States Mint without the explicit approval of the House Committee on
    Financial Services; the Senate Committee on Banking, Housing, and Urban
    Affairs; and the Committees on Appropriations.
        Sec. 115.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for the Department of the Treasury's
    intelligence or intelligence related activities are deemed to be
    specifically authorized by the Congress for purposes of section 504 of
    the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
    2011 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2011.
        Sec. 116.  Not to exceed $5,000 shall be made available from the
    Bureau of Engraving and Printing's Industrial Revolving Fund for
    necessary official reception and representation expenses.
        Sec. 117.  The Secretary of the Treasury shall notify the
    Committees on Appropriations of any proposed transfer of funds
    available under 31 U.S.C. 9703(g)(4)(B) from the Department of the
    Treasury Forfeiture Fund to any agency or account within the Department
    of the Treasury: Provided, That none of the funds identified for such
    transfer may be obligated until the Committees on Appropriations
    approve the proposed transfers in writing: Provided further, That none
    of the funds identified for such transfers may be used to initiate or
    resume any project, program, or activity for which appropriations,
    funds, or other authority are not available during fiscal year 2011:
    Provided further, That none of the funds identified for such transfer
    may be used during fiscal year 2011 for any project, program, or
    activity for which appropriations, funds, or other authority will be
    necessary to continue or complete such project, program, or activity in
    fiscal year 2012 or thereafter without prior notification of the multi-
    year nature and cost estimate of the project, program, or activity and
    written approval of the Committees on Appropriations: Provided further,
    That none of the funds identified for such transfer may be used for the
    purpose of any large-scale information technology modernization
    project.
        Sec. 118.  The Secretary of the Treasury shall submit a Capital
    Investment Plan to the Committees on Appropriations not later than 30
    days following the submission of the annual budget for the
    Administration submitted by the President. Such Capital Investment Plan
    shall include capital investment spending included in the annual budget
    for the administration on programs, projects, or activities of the
    Department of the Treasury from all accounts within the Department of
    the Treasury, including but not limited to the Department-wide Systems
    and Capital Investment Programs account, the Working Capital Fund
    account, and the Treasury Forfeiture Fund account. Such Capital
    Investment Plan shall include expenditures occurring in previous fiscal
    years for each capital investment project that has not been fully
    completed.
         This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2011''.

                                    TITLE II

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                   PRESIDENT

                         Compensation of the President

        For compensation of the President, including an expense allowance
    at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
    $450,000: Provided, That none of the funds made available for official
    expenses shall be expended for any other purpose and any unused amount
    shall revert to the Treasury pursuant to 31 U.S.C. 1552.

                                The White House

                             salaries and expenses

        For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, newspapers,
    periodicals, teletype news service, and travel (not to exceed $100,000
    to be expended and accounted for as provided by 3 U.S.C. 103); and not
    to exceed $19,000 for official entertainment expenses, to be available
    for allocation within the Executive Office of the President; and for
    necessary expenses of the Office of Policy Development, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,859,000,
    of which not less than $1,400,000 shall be for the Office of National
    AIDS Policy.

                     Executive Residence at the White House

                               operating expenses

        For the care, maintenance, repair and alteration, refurnishing,
    improvement, heating, and lighting, including electric power and
    fixtures, of the Executive Residence at the White House and official
    entertainment expenses of the President, $14,006,000, to be expended
    and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                             reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be
    made in accordance with the provisions of this paragraph: Provided
    further, That, notwithstanding any other provision of law, such amount
    for reimbursable operating expenses shall be the exclusive authority of
    the Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year: Provided further, That the Executive Residence shall
    ensure that a written notice of any amount owed for a reimbursable
    operating expense under this paragraph is submitted to the person owing
    such amount within 60 days after such expense is incurred, and that
    such amount is collected within 30 days after the submission of such
    notice: Provided further, That the Executive Residence shall charge
    interest and assess penalties and other charges on any such amount that
    is not reimbursed within such 30 days, in accordance with the interest
    and penalty provisions applicable to an outstanding debt on a United
    States Government claim under 31 U.S.C. 3717: Provided further, That
    each such amount that is reimbursed, and any accompanying interest and
    charges, shall be deposited in the Treasury as miscellaneous receipts:
    Provided further, That the Executive Residence shall prepare and submit
    to the Committees on Appropriations, by not later than 90 days after
    the end of the fiscal year covered by this Act, a report setting forth
    the reimbursable operating expenses of the Executive Residence during
    the preceding fiscal year, including the total amount of such expenses,
    the amount of such total that consists of reimbursable official and
    ceremonial events, the amount of such total that consists of
    reimbursable political events, and the portion of each such amount that
    has been reimbursed as of the date of the report: Provided further,
    That the Executive Residence shall maintain a system for the tracking
    of expenses related to reimbursable events within the Executive
    Residence that includes a standard for the classification of any such
    expense as political or nonpolitical: Provided further, That no
    provision of this paragraph may be construed to exempt the Executive
    Residence from any other applicable requirement of subchapter I or II
    of chapter 37 of title 31, United States Code.

                       White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive
    Residence at the White House, $2,005,000, to remain available until
    expended, for required maintenance, resolution of safety and health
    issues, and continued preventative maintenance.

                          Council of Economic Advisers

                             salaries and expenses

        For necessary expenses of the Council of Economic Advisers in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021 et seq.), $4,403,000.

            National Security Council and Homeland Security Council

                             salaries and expenses

        For necessary expenses of the National Security Council and the
    Homeland Security Council, including services as authorized by 5 U.S.C.
    3109, $14,134,000.

                            Office of Administration

                             salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $115,280,000, of which $12,777,000 shall
    remain available until expended for continued modernization of the
    information technology infrastructure within the Executive Office of
    the President.

                        Office of Management and Budget

                             salaries and expenses

        For necessary expenses of the Office of Management and Budget
    (OMB), including hire of passenger motor vehicles and services as
    authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter
    35 of title 44, U.S.C., $92,863,000, of which not to exceed $3,000
    shall be available for official representation expenses: Provided, That
    none of the funds appropriated in this Act for OMB may be used for the
    purpose of reviewing any agricultural marketing orders or any
    activities or regulations under the provisions of the Agricultural
    Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
    further, That none of the funds made available for OMB by this Act may
    be expended for the altering of the transcript of actual testimony of
    witnesses, except for testimony of officials of OMB, before the
    Committees on Appropriations or their subcommittees: Provided further,
    That none of the funds provided in this or prior Acts shall be used,
    directly or indirectly, by OMB, for evaluating or determining if water
    resource project or study reports submitted by the Chief of Engineers
    acting through the Secretary of the Army are in compliance with all
    applicable laws, regulations, and requirements relevant to the Civil
    Works water resource planning process: Provided further, That OMB shall
    have not more than 60 days in which to perform budgetary policy reviews
    of water resource matters on which the Chief of Engineers has reported:
    Provided further, That the Director of OMB shall notify the appropriate
    authorizing and appropriating committees when the 60-day review is
    initiated: Provided further, That if water resource reports have not
    been transmitted to the appropriate authorizing and appropriating
    committees within 15 days after the end of the OMB review period based
    on the notification from the Director, Congress shall assume OMB
    concurrence with the report and act accordingly.

                      Government-wide Management Councils

                         (including transfer of funds)

        Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the
    head of each Executive department and agency is hereby authorized to
    transfer to or reimburse ``General Services Administration, Government-
    wide Policy'' with the approval of the Director of the Office of
    Management and Budget (OMB), funds made available for fiscal year 2011
    by this or any other Act, including rebates from charge card and other
    contracts: Provided, That these funds shall be administered by the
    Administrator of General Services to support Government-wide and other
    multi-agency financial, information technology, procurement, and other
    management innovations, initiatives, and activities, as approved by the
    Director of OMB, in consultation with the appropriate interagency and
    multi-agency groups designated by the Director, including the
    President's Management Council for overall management improvement
    initiatives, the Chief Financial Officers Council for financial
    management initiatives, the Chief Information Officers Council for
    information technology initiatives, the Chief Human Capital Officers
    Council for human capital initiatives, the Chief Acquisition Officers
    Council for procurement initiatives, and the Performance Improvement
    Council for performance improvement initiatives: Provided further, That
    the total funds transferred or reimbursed shall not exceed $17,000,000:
     Provided further, That the funds transferred to or for reimbursement
    of ``General Services Administration, Government-wide Policy'' during
    fiscal year 2011 shall remain available for obligation through
    September 30, 2012: Provided further, That such transfers or
    reimbursements may only be made following written approval of the
    Committees on Appropriations.

                     Office of National Drug Control Policy

                             salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
    exceed $10,000 for official reception and representation expenses; and
    for participation in joint projects or in the provision of services on
    matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $27,900,000;
    of which up to $1,235,000 may remain available until expended upon
    receipt of an expenditure plan for policy research and evaluation:
    Provided, That the Office is authorized to accept, hold, administer,
    and utilize gifts, both real and personal, public and private, without
    fiscal year limitation, for the purpose of aiding or facilitating the
    work of the Office.

                         federal drug control programs

                 high intensity drug trafficking areas program

                         (including transfers of funds)

        For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $239,000,000,
    to remain available until September 30, 2012, for drug control
    activities consistent with the approved strategy for each of the
    designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
    not less than 51 percent shall be transferred to State and local
    entities for drug control activities and shall be obligated not later
    than 120 days after enactment of this Act: Provided, That up to 49
    percent may be transferred to Federal agencies and departments in
    amounts determined by the Director of the Office of National Drug
    Control Policy (``the Director''), of which up to $2,700,000 may be
    used for auditing services and associated activities (including up to
    $500,000 to ensure the continued operation and maintenance of the
    Performance Management System): Provided further, That, notwithstanding
    the requirements of Public Law 106-58, any unexpended funds obligated
    prior to fiscal year 2009 may be used for any other approved activities
    of that High Intensity Drug Trafficking Area, subject to reprogramming
    requirements: Provided further, That each High Intensity Drug
    Trafficking Area designated as of September 30, 2010, shall be funded
    at not less than the fiscal year 2010 base level, unless the Director
    submits to the Committees on Appropriations justification for changes
    to those levels based on clearly articulated priorities and published
    Office of National Drug Control Policy performance measures of
    effectiveness: Provided further, That the Director shall notify the
    Committees on Appropriations of the initial allocation of fiscal year
    2011 funding among HIDTAs not later than 45 days after enactment of
    this Act, and shall notify the Committees of planned uses of
    discretionary HIDTA funding, as determined in consultation with the
    HIDTA Directors, not later than 90 days after enactment of this Act.

                      other federal drug control programs

                         (including transfers of funds)

        For other drug control activities authorized by the Office of
    National Drug Control Policy Reauthorization Act of 2006 (Public Law
    109-469), $150,825,000, to remain available until expended, which shall
    be available as follows: $40,000,000 to support a national media
    campaign; $96,000,000 for the Drug-Free Communities Program, of which
    $2,000,000 shall be made available as directed by section 4 of Public
    Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note);
    $1,500,000 for the National Drug Court Institute; $10,000,000 for the
    United States Anti-Doping Agency for anti-doping activities; $1,900,000
    for the United States membership dues to the World Anti-Doping Agency;
    $1,187,500 for the National Alliance for Model State Drug Laws; and
    $237,500 for evaluations and research related to National Drug Control
    Program performance measures, which may be transferred to other Federal
    departments and agencies to carry out such activities.

                              Unanticipated Needs

        For expenses necessary to enable the President to meet
    unanticipated needs, in furtherance of the national interest, security,
    or defense which may arise at home or abroad during the current fiscal
    year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
    until September 30, 2012.

       Integrated, Efficient and Effective Uses of Information Technology

                         (including transfer of funds)

        For necessary expenses for the furtherance of integrated,
    efficient, and effective uses of information technology in the Federal
    Government, including the development and operation of government-wide
    shared information technology services, the implementation of
    consolidated, resource-saving and energy-efficient platforms, and the
    development and operation of information technology security services
    and the provision of architectural expertise to promote inter-agency
    interoperability, $37,500,000, to remain available until September 30,
    2013: Provided, That the Director of the Office of Management and
    Budget (OMB) may transfer these funds to one or more Federal agencies
    to carry out projects to meet these purposes: Provided further, That
    such transfers may only be made following written approval of the
    Committees on Appropriations: Provided further, That the Director of
    OMB shall submit a progress report to the Committees on Appropriations
    not later than March 31, 2011 and semiannually thereafter until the
    program is completed, including detailed information on goals,
    objectives, performance measures, and evaluations of the program in
    general and of each specific project funded pursuant to this
    initiative.

                      Special Assistance to the President

                             salaries and expenses

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,657,000.

                    Official Residence of the Vice President

                               operating expenses

                         (including transfer of funds)

        For the care, operation, refurnishing, improvement, and to the
    extent not otherwise provided for, heating and lighting, including
    electric power and fixtures, of the official residence of the Vice
    President; the hire of passenger motor vehicles; and not to exceed
    $90,000 for official entertainment expenses of the Vice President, to
    be accounted for solely on his certificate, $335,000: Provided, That
    advances or repayments or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

    Administrative Provisions--Executive Office of the President and Funds
                         Appropriated to the President

                         (including transfers of funds)

        Sec. 201.  From funds made available in this Act under the headings
    ``The White House'', ``Executive Residence at the White House'',
    ``White House Repair and Restoration'', ``Council of Economic
    Advisers'', ``National Security Council and Homeland Security
    Council'', ``Office of Administration'', ``Special Assistance to the
    President'', and ``Official Residence of the Vice President'', the
    Director of the Office of Management and Budget (or such other officer
    as the President may designate in writing), may, 15 days after giving
    notice to the Committees on Appropriations, transfer not to exceed 10
    percent of any such appropriation to any other such appropriation, to
    be merged with and available for the same time and for the same
    purposes as the appropriation to which transferred: Provided, That the
    amount of an appropriation shall not be increased by more than 50
    percent by such transfers: Provided further, That no amount shall be
    transferred from ``Special Assistance to the President'' or ``Official
    Residence of the Vice President'' without the approval of the Vice
    President.
        Sec. 202.  The Director of the Office of National Drug Control
    Policy shall submit to the Committees on Appropriations not later than
    60 days after the date of enactment of this Act, and prior to the
    initial obligation of more than 20 percent of the funds appropriated in
    any account under the heading ``Office of National Drug Control
    Policy'', a detailed narrative and financial plan on the proposed uses
    of all funds under the account by program, project, and activity:
    Provided, That the reports required by this section shall be updated
    and submitted to the Committees on Appropriations every 6 months and
    shall include information detailing how the estimates and assumptions
    contained in previous reports have changed: Provided further, That any
    new projects and changes in funding of ongoing projects shall be
    subject to the prior approval of the Committees on Appropriations.
        Sec. 203.  Not to exceed 2 percent of any appropriations in this
    Act made available to the Office of National Drug Control Policy may be
    transferred between appropriated programs upon the advance approval of
    the Committees on Appropriations: Provided, That no transfer may
    increase or decrease any such appropriation by more than 3 percent.
        Sec. 204.  Not to exceed $1,000,000 of any appropriations in this
    Act made available to the Office of National Drug Control Policy may be
    reprogrammed among object class, program, project, or activity upon the
    advance approval of the Committees on Appropriations.
         This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2011''.

                                   TITLE III

                                 THE JUDICIARY

                       Supreme Court of the United States

                             salaries and expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    purchase or hire, driving, maintenance, and operation of an automobile
    for the Chief Justice, not to exceed $10,000 for the purpose of
    transporting Associate Justices, and hire of passenger motor vehicles
    as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
    official reception and representation expenses; and for miscellaneous
    expenses, to be expended as the Chief Justice may approve, $77,758,000,
    of which $2,000,000 shall remain available until expended.

                        care of the building and grounds

        For such expenditures as may be necessary to enable the Architect
    of the Capitol to carry out the duties imposed upon the Architect by 40
    U.S.C. 6111 and 6112, $14,788,000, to remain available until expended,
    of which $5,000,000 may not be obligated or expended until the
    Committee on Appropriations receives a detailed capital improvements
    report as required by Senate Report 111-238, filed on July 29, 2010.

             United States Court of Appeals for the Federal Circuit

                             salaries and expenses

        For salaries of the chief judge, judges, and other officers and
    employees, and for necessary expenses of the court, as authorized by
    law, $34,273,000.

                   United States Court of International Trade

                             salaries and expenses

        For salaries of the chief judge and eight judges, salaries of the
    officers and employees of the court, services, and necessary expenses
    of the court, as authorized by law, $22,251,000.

        Courts of Appeals, District Courts, and Other Judicial Services

                             salaries and expenses

                         (including transfer of funds)

        For the salaries of circuit and district judges (including judges
    of the territorial courts of the United States), justices and judges
    retired from office or from regular active service, judges of the
    United States Court of Federal Claims, bankruptcy judges, magistrate
    judges, and all other officers and employees of the Federal Judiciary
    not otherwise specifically provided for, and necessary expenses of the
    courts, as authorized by law, $5,177,568,000 (including the purchase of
    firearms and ammunition); of which not to exceed $27,817,000 shall
    remain available until expended for space alteration projects and for
    furniture and furnishings related to new space alteration and
    construction projects.
        In addition, for expenses of the United States Court of Federal
    Claims associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
    $4,785,000, to be appropriated from the Vaccine Injury Compensation
    Trust Fund.

                               defender services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599,
    in cases in which a defendant is charged with a crime that may be
    punishable by death; the compensation and reimbursement of expenses of
    persons furnishing investigative, expert, and other services under 18
    U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases
    in which a defendant is charged with a crime that may be punishable by
    death; the compensation (in accordance with the maximums under 18
    U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to
    assist the court in criminal cases where the defendant has waived
    representation by counsel; the compensation and reimbursement of travel
    expenses of guardians ad litem, appointed under 18 U.S.C. 4100(b);
    acting on behalf of financially eligible minor or incompetent offenders
    in connection with transfers from the United States to foreign
    countries with which the United States has a treaty for the execution
    of penal sentences (18 U.S.C. 4109(b)); the compensation and
    reimbursement of expenses of attorneys appointed to represent jurors in
    civil actions for the protection of their employment, as authorized by
    28 U.S.C. 1875(d)(1); the compensation and reimbursement of expenses of
    attorneys appointed under 18 U.S.C. 983(b)(1) in connection with
    certain judicial civil forfeiture proceedings; and for necessary
    training and general administrative expenses, $1,050,458,000, to remain
    available until expended.

                        fees of jurors and commissioners

        For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
    1876; compensation of jury commissioners as authorized by 28 U.S.C.
    1863; and compensation of commissioners appointed in condemnation cases
    pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
    U.S.C. Appendix Rule 71.1(h)), $52,410,000, to remain available until
    expended: Provided, That the compensation of land commissioners shall
    not exceed the daily equivalent of the highest rate payable under 5
    U.S.C. 5332.

                                 court security

                         (including transfers of funds)

        For necessary expenses, not otherwise provided for, incident to the
    provision of protective guard services for United States courthouses
    and other facilities housing Federal court operations, and the
    procurement, installation, and maintenance of security systems and
    equipment for United States courthouses and other facilities housing
    Federal court operations, including building ingress-egress control,
    inspection of mail and packages, directed security patrols, perimeter
    security, basic security services provided by the Federal Protective
    Service, and other similar activities as authorized by section 1010 of
    the Judicial Improvement and Access to Justice Act (Public Law 100-
    702), $489,753,000, of which not to exceed $15,000,000 shall remain
    available until expended, to be expended directly or transferred to the
    United States Marshals Service, which shall be responsible for
    administering the Judicial Facility Security Program consistent with
    standards or guidelines agreed to by the Director of the Administrative
    Office of the United States Courts and the Attorney General.

               Administrative Office of the United States Courts

                             salaries and expenses

        For necessary expenses of the Administrative Office of the United
    States Courts as authorized by law, including travel as authorized by
    31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
    U.S.C. 1343(b), advertising and rent in the District of Columbia and
    elsewhere, $86,968,000, of which not to exceed $8,500 is authorized for
    official reception and representation expenses.

                            Federal Judicial Center

                             salaries and expenses

        For necessary expenses of the Federal Judicial Center, as
    authorized by Public Law 90-219, $28,284,000; of which $1,800,000 shall
    remain available through September 30, 2012, to provide education and
    training to Federal court personnel; and of which not to exceed $1,500
    is authorized for official reception and representation expenses.

                           Judicial Retirement Funds

                        payment to judiciary trust funds

        For payment to the Judicial Officers' Retirement Fund, as
    authorized by 28 U.S.C. 377(o), $79,061,400; to the Judicial Survivors'
    Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000; and to
    the United States Court of Federal Claims Judges' Retirement Fund, as
    authorized by 28 U.S.C. 178(l), $4,000,000.

                      United States Sentencing Commission

                             salaries and expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, U.S.C., $17,595,000, of which not to exceed
    $1,000 is authorized for official reception and representation
    expenses.

                    Administrative Provisions--The Judiciary

                         (including transfer of funds)

        Sec. 301.  Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers: Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under sections 604 and 608 of this Act and shall
    not be available for obligation or expenditure except in compliance
    with the procedures set forth in section 608.
        Sec. 303.  Notwithstanding any other provision of law, the salaries
    and expenses appropriation for ``Courts of Appeals, District Courts,
    and Other Judicial Services'' shall be available for official reception
    and representation expenses of the Judicial Conference of the United
    States: Provided, That such available funds shall not exceed $11,000
    and shall be administered by the Director of the Administrative Office
    of the United States Courts in the capacity as Secretary of the
    Judicial Conference.
        Sec. 304.  Within 90 days after the date of the enactment of this
    Act, the Administrative Office of the U.S. Courts shall submit to the
    Committees on Appropriations a comprehensive financial plan for the
    Judiciary allocating all sources of available funds including
    appropriations, fee collections, and carryover balances, to include a
    separate and detailed plan for the Judiciary Information Technology
    Fund, which will establish the baseline for application of
    reprogramming and transfer authorities for the current fiscal year.
        Sec. 305.  Section 3314(a) of title 40, United States Code, shall
    be applied by substituting ``Federal'' for ``executive'' each place it
    appears.
        Sec. 306.  In accordance with 28 U.S.C. 561-569, and
    notwithstanding any other provision of law, the United States Marshals
    Service shall provide, for such courthouses as its Director may
    designate in consultation with the Director of the Administrative
    Office of the United States Courts, for purposes of a pilot program,
    the security services that 40 U.S.C. 1315 authorizes the Department of
    Homeland Security to provide, except for the services specified in 40
    U.S.C. 1315(b)(2)(E). For building-specific security services at these
    courthouses, the Director of the Administrative Office of the United
    States Courts shall reimburse the United States Marshals Service rather
    than the Department of Homeland Security.
        Sec. 307.  Section 203(c) of the Judicial Improvements Act of 1990
    (Public Law 101-650; 28 U.S.C. 133 note), is amended--
                (1) in the third sentence (relating to the District of
            Kansas), by striking ``19 years'' and inserting ``20 years,
            plus any additional periods of time in which funding for the
            judiciary in fiscal year 2012 is provided by continuing
            resolutions'';
                (2) in the sixth sentence (relating to the Northern
            District of Ohio), by striking ``19 years'' and inserting ``20
            years, plus any additional periods of time in which funding for
            the judiciary in fiscal year 2012 is provided by continuing
            resolutions''; and
                (3) in the seventh sentence (relating to the District of
            Hawaii), by striking ``16 years'' and inserting ``17 years,
            plus any additional periods of time in which funding for the
            judiciary in fiscal year 2012 is provided by continuing
            resolutions''.
        This title may be cited as the ``Judiciary Appropriations Act,
    2011''.

                                    TITLE IV

                              DISTRICT OF COLUMBIA

                                 Federal Funds

                  federal payment for resident tuition support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered
    by the Mayor, for District of Columbia resident tuition support,
    $35,100,000, to remain available until expended: Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education: Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized: Provided further, That the
    District of Columbia government shall maintain a dedicated account for
    the Resident Tuition Support Program that shall consist of the Federal
    funds appropriated to the Program in this Act and any subsequent
    appropriations, any unobligated balances from prior fiscal years, and
    any interest earned in this or any fiscal year: Provided further, That
    the account shall be under the control of the District of Columbia
    Chief Financial Officer, who shall use those funds solely for the
    purposes of carrying out the Resident Tuition Support Program: Provided
    further, That the Office of the Chief Financial Officer shall provide a
    quarterly financial report to the Committees on Appropriations for
    these funds showing, by object class, the expenditures made and the
    purpose therefor.

       federal payment for emergency planning and security costs in the
                              district of columbia

        For a Federal payment of necessary expenses, as determined by the
    Mayor of the District of Columbia in written consultation with the
    elected county or city officials of surrounding jurisdictions,
    $15,000,000, to remain available until expended and in addition any
    funds that remain available from prior year appropriations under this
    heading for the District of Columbia Government, for the costs of
    providing public safety at events related to the presence of the
    national capital in the District of Columbia, including support
    requested by the Director of the United States Secret Service Division
    in carrying out protective duties under the direction of the Secretary
    of Homeland Security, and for the costs of providing support to respond
    to immediate and specific terrorist threats or attacks in the District
    of Columbia or surrounding jurisdictions.

               federal payment to the district of columbia courts

        For salaries and expenses for the District of Columbia Courts,
    $258,168,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $12,998,000, of which not to exceed $2,500 is for
    official reception and representation expenses; for the District of
    Columbia Superior Court, $110,149,000, of which not to exceed $2,500 is
    for official reception and representation expenses; for the District of
    Columbia Court System, $65,371,000, of which not to exceed $2,500 is
    for official reception and representation expenses; and $69,650,000, to
    remain available until September 30, 2012, for capital improvements for
    District of Columbia courthouse facilities, including structural
    improvements to the District of Columbia cell block at the Moultrie
    Courthouse, of which $13,670,000 is for renovation of courtrooms and
    chambers in the Moultrie Courthouse: Provided, That funds made
    available for capital improvements shall be expended consistent with
    the General Services Administration (GSA) master plan study and
    building evaluation report: Provided further, That notwithstanding any
    other provision of law, all amounts under this heading shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    salaries and expenses of other Federal agencies, with payroll and
    financial services to be provided on a contractual basis with the GSA,
    and such services shall include the preparation of monthly financial
    reports, copies of which shall be submitted directly by GSA to the
    President and to the Committees on Appropriations, the House Committee
    on Oversight and Government Reform, and the Senate Committee on
    Homeland Security and Governmental Affairs: Provided further, That upon
    prior approval of the Committees on Appropriations, the District of
    Columbia Courts may reallocate not more than 10 percent of the funds
    provided under this heading among the items and entities funded under
    this heading for operations but no such allocation shall be increased
    by more than 10 percent.

      federal payment for defender services in district of columbia courts

        For payments authorized under section 11-2604 and section 11-2605,
    D.C. Official Code (relating to representation provided under the
    District of Columbia Criminal Justice Act), payments for counsel
    appointed in proceedings in the Family Court of the Superior Court of
    the District of Columbia under chapter 23 of title 16, D.C. Official
    Code, or pursuant to contractual agreements to provide guardian ad
    litem representation, training, technical assistance, and such other
    services as are necessary to improve the quality of guardian ad litem
    representation, payments for counsel appointed in adoption proceedings
    under chapter 3 of title 16, D.C. Official Code, and payments for
    counsel authorized under section 21-2060, D.C. Official Code (relating
    to representation provided under the District of Columbia Guardianship,
    Protective Proceedings, and Durable Power of Attorney Act of 1986),
    $55,000,000, to remain available until expended: Provided, That funds
    provided under this heading shall be administered by the Joint
    Committee on Judicial Administration in the District of Columbia:
    Provided further, That notwithstanding any other provision of law, this
    appropriation shall be apportioned quarterly by the Office of
    Management and Budget and obligated and expended in the same manner as
    funds appropriated for expenses of other Federal agencies, with payroll
    and financial services to be provided on a contractual basis with the
    General Services Administration (GSA), and such services shall include
    the preparation of monthly financial reports, copies of which shall be
    submitted directly by GSA to the President and to the Committees on
    Appropriations, the House Committee on Oversight and Government Reform,
    and the Senate Committee on Homeland Security and Governmental Affairs.

     federal payment to the court services and offender supervision agency
                          for the district of columbia

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia, as authorized by the National Capital
    Revitalization and Self-Government Improvement Act of 1997,
    $217,783,000, of which not to exceed $2,000 is for official reception
    and representation expenses related to Community Supervision and
    Pretrial Services Agency programs; of which not to exceed $25,000 is
    for dues and assessments relating to the implementation of the Court
    Services and Offender Supervision Agency Interstate Supervision Act of
    2002; of which $1,000,000 shall remain available until September 30,
    2013 for relocation of the Pretrial Services Agency drug testing
    laboratory; of which $156,472,000 shall be for necessary expenses of
    Community Supervision and Sex Offender Registration, to include
    expenses relating to the supervision of adults subject to protection
    orders or the provision of services for or related to such persons; of
    which $61,311,000 shall be available to the Pretrial Services Agency:
    Provided, That notwithstanding any other provision of law, all amounts
    under this heading shall be apportioned quarterly by the Office of
    Management and Budget and obligated and expended in the same manner as
    funds appropriated for salaries and expenses of other Federal agencies:
    Provided further, That not less than $1,500,000 shall be available for
    re-entrant housing in the District of Columbia: Provided further, That
    the Director is authorized to accept and use gifts in the form of in-
    kind contributions of space and hospitality to support offender and
    defendant programs, and equipment and vocational training services to
    educate and train offenders and defendants: Provided further, That the
    Director shall keep accurate and detailed records of the acceptance and
    use of any gift or donation under the previous proviso, and shall make
    such records available for audit and public inspection: Provided
    further, That the Court Services and Offender Supervision Agency
    Director is authorized to accept and use reimbursement from the
    District of Columbia Government for space and services provided on a
    cost reimbursable basis.

      federal payment to the public defender service for the district of
                                    columbia

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the District of Columbia Public Defender Service, as
    authorized by the National Capital Revitalization and Self-Government
    Improvement Act of 1997, $40,690,000: Provided, That notwithstanding
    any other provision of law, all amounts under this heading shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    salaries and expenses of Federal agencies.

     federal payment to the district of columbia water and sewer authority

        For a Federal payment to the District of Columbia Water and Sewer
    Authority, $25,000,000, to remain available until expended, to continue
    implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
    That the District of Columbia Water and Sewer Authority provides a 100
    percent match for this payment.

          federal payment to the criminal justice coordinating council

        For a Federal payment to the Criminal Justice Coordinating Council,
    $1,800,000, to remain available until expended, to support initiatives
    related to the coordination of Federal and local criminal justice
    resources in the District of Columbia.

                    federal payment for judicial commissions

        For a Federal payment, to remain available until September 30,
    2012, to the Commission on Judicial Disabilities and Tenure, $295,000,
    and for the Judicial Nomination Commission, $205,000.

     federal payment to the office of the chief financial officer for the
                              district of columbia

        For a Federal payment to the Office of the Chief Financial Officer
    for the District of Columbia, $1,475,000, in the amounts and for the
    projects specified in the table that appears under the heading
    ``Federal Payment to the Office of the Chief Financial Officer for the
    District of Columbia'' in the explanatory statement described in
    section 4: Provided, That each entity that receives funding under this
    heading shall submit to the Office of the Chief Financial Officer for
    the District of Columbia (CFO), not later than 60 days after enactment
    of this Act, a detailed budget and comprehensive description of the
    activities to be carried out with such funds, and the CFO shall submit
    a comprehensive report to the Committees on Appropriations not later
    than June 1, 2011.

                     federal payment for school improvement

        For a Federal payment for a school improvement program in the
    District of Columbia, $72,400,000, to be allocated as follows: for the
    District of Columbia Public Schools, $43,000,000 to improve public
    school education in the District of Columbia; for the State Education
    Office, $20,000,000 to expand quality public charter schools in the
    District of Columbia, to remain available until expended; for the
    Secretary of the Department of Education, $9,400,000 to provide
    opportunity scholarships for students in the District of Columbia in
    accordance with title III of division C of the District of Columbia
    Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), to remain
    available until expended, of which up to $1,000,000 may be used to
    administer and fund assessments: Provided, That notwithstanding the
    second proviso under this heading in Public Law 111-8, funds provided
    herein may only be used to provide opportunity scholarships to students
    who received scholarships in the 2010-2011 school year: Provided
    further, That funds available under this heading for opportunity
    scholarships, including from prior-year appropriations Acts, may be
    made available only for scholarships to students who received
    scholarships in the 2010-2011 school year: Provided further, That none
    of the funds provided in this Act or any other Act for opportunity
    scholarships may be used by an eligible student to enroll in a
    participating school under the DC School Choice Incentive Act of 2003
    unless (1) the participating school has and maintains a valid
    certificate of occupancy issued by the District of Columbia; (2) the
    core subject matter teachers of the eligible student hold 4-year
    bachelor's degrees; and (3) the participating school is in compliance
    with the accreditation and other standards prescribed under the
    District of Columbia compulsory school attendance laws that apply to
    educational institutions not affiliated with the District of Columbia
    Public Schools: Provided further, That the Secretary of Education shall
    ensure that site inspections of participating schools are conducted at
    least twice annually.

          federal payment for the district of columbia national guard

        For a Federal payment to the District of Columbia National Guard,
    $1,375,000, to remain available until expended for the District of
    Columbia National Guard, of which $375,000 shall be available for the
    ``Major General David F. Wherley, Jr. District of Columbia National
    Guard Retention and College Access Program''.

                  federal payment for housing for the homeless

        For a Federal payment to the District of Columbia, $10,000,000, to
    remain available until September 30, 2012, to support permanent
    supportive housing programs in the District.

    federal payment for redevelopment of the st. elizabeths hospital campus

        For a Federal payment to the District of Columbia, $2,000,000, to
    remain available until September 30, 2012, for planning activities to
    support redevelopment efforts at the site of the former St. Elizabeths
    Hospital in the District of Columbia.

                    federal payment for hiv/aids prevention

        For a Federal payment to the District of Columbia, $5,000,000, to
    remain available until September 30, 2012, to support initiatives
    designed to reduce the incidence of human immunodeficiency virus and
    acquired immunodeficiency syndrome in the District of Columbia.

                           District of Columbia Funds

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the General Fund of the District of
    Columbia (``General Fund''), except as otherwise specifically provided:
    Provided, That notwithstanding any other provision of law, except as
    provided in section 450A of the District of Columbia Home Rule Act,
    (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions
    of the Fiscal Year 2011 Budget Request Act, the total amount
    appropriated in this Act for operating expenses for the District of
    Columbia for fiscal year 2011 under this heading shall not exceed the
    lesser of the sum of the total revenues of the District of Columbia for
    such fiscal year or $10,440,946,000 (of which $5,790,842,000 shall be
    from local funds, (including $402,685,000 from dedicated taxes),
    $2,611,497,000 shall be from Federal grant funds, $2,031,730,000 shall
    be from other funds, and $6,877,000 shall be from private funds); in
    addition, $169,650,000 from funds previously appropriated in this Act
    as Federal payments, which does not include funds appropriated under
    the American Recovery and Reinvestment Act of 2009: Provided further,
    That of the local funds, such amounts as may be necessary may be
    derived from the District's General Fund balance: Provided further,
    That of these funds the District's intradistrict authority shall be
    $567,683,000: in addition for capital construction projects, an
    increase of $1,390,591,000, of which $1,121,261,000 shall be from local
    funds, $46,350,000 from the District of Columbia Highway Trust fund,
    $32,523,000 from the Local Street Maintenance fund, $190,457,000 from
    Federal grant funds, and a rescission of $741,735,000 from local funds
    and a rescission of $145,874,000 from Local Street Maintenance funds
    appropriated under this heading in prior fiscal years for a net amount
    of $502,983,000, to remain available until expended: Provided further,
    That the amounts provided under this heading are to be available,
    allocated and expended as proposed under title III of the Fiscal Year
    2011 Budget Request Act of 2010 at the rate set forth under ``District
    of Columbia Funds Division of Expenses'' of the Fiscal Year 2011
    Proposed Budget and Financial Plan submitted to the Congress of the
    United States by the District of Columbia: Provided further, That this
    amount may be increased by proceeds of one-time transactions, which are
    expended for emergency or unanticipated operating or capital needs:
    Provided further, That such increases shall be approved by enactment of
    local District law and shall comply with all reserve requirements
    contained in the District of Columbia Home Rule Act (87 Stat. 777; D.C.
    Official Code sec. 1-201.01 et seq.): Provided further, That the Chief
    Financial Officer of the District of Columbia shall take such steps as
    are necessary to assure that the District of Columbia meets these
    requirements, including the apportioning by the Chief Financial Officer
    of the appropriations and funds made available to the District during
    fiscal year 2011, except that the Chief Financial Officer may not
    reprogram for operating expenses any funds derived from bonds, notes,
    or other obligations issued for capital projects.
         This title may be cited as the ``District of Columbia
    Appropriations Act, 2011''.

                                    TITLE V

                              INDEPENDENT AGENCIES

                 Administrative Conference of the United States

                             salaries and expenses

        For necessary expenses of the Administrative Conference of the
    United States, authorized by 5 U.S.C. 591 et seq., $2,800,000, to
    remain available until September 30, 2012, of which not to exceed
    $1,000 is for official reception and representation expenses.

                   Christopher Columbus Fellowship Foundation

                             salaries and expenses

        For payment to the Christopher Columbus Fellowship Foundation,
    established by section 423 of Public Law 102-281, $750,000, to remain
    available until expended.

                      Commodity Futures Trading Commission

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles, and the rental of space (to include multiple
    year leases) in the District of Columbia and elsewhere, $286,000,000,
    to remain available until September 30, 2012, including not to exceed
    $3,000 for official reception and representation expenses, and not to
    exceed $25,000 for the expenses for consultations and meetings hosted
    by the Commission with foreign governmental and other regulatory
    officials.

                       Consumer Product Safety Commission

                             salaries and expenses

                             (including rescission)

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $2,000 for
    official reception and representation expenses, $120,600,000, of which
    $2,000,000 shall remain available until September 30, 2012, for the
    grant program under section 1405 of the Virginia Graeme Baker Pool and
    Spa Safety Act (Public Law 110-140; 15 U.S.C. 8004): Provided, That of
    the amount made available under this heading for such program in title
    V of division C of Public Law 111-117, $2,000,000 are rescinded.

                         Election Assistance Commission

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act of
    2002 (Public Law 107-252), $17,100,000, of which $3,250,000 shall be
    transferred to the National Institute of Standards and Technology for
    election reform activities authorized under the Help America Vote Act
    of 2002: Provided, That $750,000 shall be for the Help America Vote
    College Program as authorized by the Help America Vote Act of 2002:
    Provided further, That $300,000 shall be for a competitive grant
    program to support community involvement in student and parent mock
    elections.

                            election reform programs

        For purposes of determining the eligibility of a State to receive a
    requirements payment under part 1 of subtitle D of title II of the Help
    America Vote Act of 2002 (42 U.S.C. 15401 et seq.) for fiscal year
    2011, any unobligated amount in the election fund of the State under
    section 254(b) of such Act which is attributable to interest earned on
    amounts appropriated to the fund by the State may, at the option of the
    State, be included under section 253(b)(5) of such Act.

                       Federal Communications Commission

                             salaries and expenses

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as authorized by 5 U.S.C.
    3109, $355,500,000: Provided, That $355,500,000 of offsetting
    collections shall be assessed and collected pursuant to section 9 of
    title I of the Communications Act of 1934, shall be retained and used
    for necessary expenses in this appropriation, and shall remain
    available until expended: Provided further, That the sum herein
    appropriated shall be reduced as such offsetting collections are
    received during fiscal year 2011 so as to result in a final fiscal year
    2011 appropriation estimated at $0: Provided further, That any
    offsetting collections received in excess of $355,500,000 in fiscal
    year 2011 shall not be available for obligation: Provided further, That
    remaining offsetting collections from prior years collected in excess
    of the amount specified for collection in each such year and otherwise
    becoming available on October 1, 2010, shall not be available for
    obligation: Provided further, That notwithstanding 47 U.S.C.
    309(j)(8)(B), proceeds from the use of a competitive bidding system
    that may be retained and made available for obligation shall not exceed
    $85,000,000 for fiscal year 2011: Provided further, That of the amount
    appropriated under this heading, not less than $9,345,217 shall be for
    the salaries and expenses of the Office of Inspector General.

          administrative provisions--federal communications commission

        Sec. 501.  Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act is amended by striking ``December 31, 2010'',
    each place it appears and inserting ``December 31, 2011''.
        Sec. 502.  None of the funds appropriated by this Act may be used
    by the Federal Communications Commission to modify, amend, or change
    its rules or regulations for universal service support payments to
    implement the February 27, 2004 recommendations of the Federal-State
    Joint Board on Universal Service regarding single connection or primary
    line restrictions on universal service support payments.

                     Federal Deposit Insurance Corporation

                        office of the inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $47,916,000, to be derived from the Deposit Insurance Fund or, only
    when appropriate, the FSLIC Resolution Fund.

                          Federal Election Commission

                             salaries and expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, $69,800,000, of which not to exceed
    $5,000 shall be available for reception and representation expenses.

                       Federal Labor Relations Authority

                             salaries and expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of
    1978, and the Civil Service Reform Act of 1978, including services
    authorized by 5 U.S.C. 3109, and including hire of experts and
    consultants, hire of passenger motor vehicles, and including official
    reception and representation expenses (not to exceed $1,500) and rental
    of conference rooms in the District of Columbia and elsewhere,
    $26,000,000: Provided, That public members of the Federal Service
    Impasses Panel may be paid travel expenses and per diem in lieu of
    subsistence as authorized by law (5 U.S.C. 5703) for persons employed
    intermittently in the Government service, and compensation as
    authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31
    U.S.C. 3302, funds received from fees charged to non-Federal
    participants at labor-management relations conferences shall be
    credited to and merged with this account, to be available without
    further appropriation for the costs of carrying out these conferences.

                            Federal Trade Commission

                             salaries and expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $316,500,000, to remain available until
    expended: Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718: Provided further, That,
    notwithstanding any other provision of law, not to exceed $96,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
    shall be retained and used for necessary expenses in this
    appropriation: Provided further, That, notwithstanding any other
    provision of law, not to exceed $21,000,000 in offsetting collections
    derived from fees sufficient to implement and enforce the Telemarketing
    Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
    Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
    this account, and be retained and used for necessary expenses in this
    appropriation: Provided further, That the sum herein appropriated from
    the general fund shall be reduced as such offsetting collections are
    received during fiscal year 2011, so as to result in a final fiscal
    year 2011 appropriation from the general fund estimated at not more
    than $199,500,000: Provided further, That none of the funds made
    available to the Federal Trade Commission may be used to implement
    subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
    (12 U.S.C. 1831t).

                        General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

        Amounts in the Fund, including revenues and collections deposited
    into the Fund shall be available for necessary expenses of real
    property management and related activities not otherwise provided for,
    including operation, maintenance, and protection of federally owned and
    leased buildings; rental of buildings in the District of Columbia;
    restoration of leased premises; moving governmental agencies (including
    space adjustments and telecommunications relocation expenses) in
    connection with the assignment, allocation and transfer of space;
    contractual services incident to cleaning or servicing buildings, and
    moving; repair and alteration of federally owned buildings including
    grounds, approaches and appurtenances; care and safeguarding of sites;
    maintenance, preservation, demolition, and equipment; acquisition of
    buildings and sites by purchase, condemnation, or as otherwise
    authorized by law; acquisition of options to purchase buildings and
    sites; conversion and extension of federally owned buildings;
    preliminary planning and design of projects by contract or otherwise;
    construction of new buildings (including equipment for such buildings);
    and payment of principal, interest, and any other obligations for
    public buildings acquired by installment purchase and purchase
    contract; in the aggregate amount of $8,666,570,000, of which: (1)
    $492,722,000 shall remain available until expended for construction and
    acquisition (including funds for sites and expenses and associated
    design and construction services) of additional projects at the
    following locations:
        New Construction:
                Colorado:
                        Lakewood, Denver Federal Center Remediation,
                    $7,957,000.
                District of Columbia:
                        Washington, St. Elizabeths DHS Consolidation and
                    Development, $267,675,000.
                        Washington, St. Elizabeths Historic Preservation
                    Mitigation, $4,990,000.
                        Washington, St. Elizabeths Highway Interchange,
                    $8,350,000.
                Maine:
                        Calais, Ferry Point Land Port of Entry, $1,552,000.
                Maryland:
                        White Oak, Food and Drug Administration
                    Consolidation, $173,773,000.
                Michigan:
                        Detroit, P. V. McNamara Federal Building FBI
                    Garage, $3,658,000.
                West Virginia:
                        Martinsburg, IRS Annex, $24,767,000:
    Provided, That, for the new courthouse project in Salt Lake City, Utah,
    for which funds have been appropriated in Public Law 111-117 and other
    Acts, the total estimated cost, exclusive of any permitted escalations,
    shall not exceed $185,700,000: Provided further, That each of the
    foregoing limits of costs on new construction projects may be exceeded
    to the extent that savings are effected in other such projects, but not
    to exceed 10 percent of the amounts included in an approved prospectus,
    if required, unless advance approval is obtained from the Committees on
    Appropriations of a greater amount: Provided further, That all funds
    for direct construction projects shall expire on September 30, 2012 and
    remain in the Federal Buildings Fund except for funds for projects as
    to which funds for design or other funds have been obligated in whole
    or in part prior to such date: Provided further, That for fiscal year
    2012 and thereafter, the annual budget submission to Congress for the
    General Services Administration shall include a detailed 5-year plan
    for Federal building construction projects with a yearly update of
    total projected future funding needs: Provided further, That for fiscal
    year 2012 and thereafter, the annual budget submission to Congress for
    the General Services Administration shall, in consultation with U.S.
    Customs and Border Protection, include a detailed 5-year plan for
    Federal land port-of-entry projects with a yearly update of total
    projected future funding needs; (2) $500,014,000 shall remain available
    until expended for repairs and alterations, which includes associated
    design and construction services:
        Repairs and Alterations:
                California:
                        Richmond, Frank Hagel Federal Building,
                    $113,620,000.
                        Van Nuys, James C. Corman Federal Building,
                    $11,039,000.
                District of Columbia:
                        Washington, West Wing Design Phase II, $6,245,000.
                Indiana:
                        Indianapolis, Major General Emmett J. Bean Federal
                    Center, $65,813,000.
                New York:
                        New York, Daniel Patrick Moynihan United States
                    Courthouse, $28,000,000.
                Special Emphasis Programs:
                        Energy and Water Retrofit and Conservation
                    Measures, $15,000,000.
                        Fire Prevention Program, $10,000,000.
                        Wellness and Fitness Program, $3,500,000.
                        Judiciary Capital Security Program, $20,000,000.
                        Basic Repairs and Alterations, $226,797,000:
    Provided further, That funds made available in this or any previous Act
    in the Federal Buildings Fund for Repairs and Alterations shall, for
    prospectus projects, be limited to the amount identified for each
    project, except each project in this or any previous Act may be
    increased by an amount not to exceed 10 percent unless advance approval
    is obtained from the Committees on Appropriations of a greater amount:
    Provided further, That additional projects for which prospectuses have
    been fully approved may be funded under this category only if advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That the amounts provided in this or any prior Act for
    ``Repairs and Alterations'' may be used to fund costs associated with
    implementing security improvements to buildings necessary to meet the
    minimum standards for security in accordance with current law and in
    compliance with the reprogramming guidelines of the appropriate
    Committees of the House and Senate: Provided further, That the
    difference between the funds appropriated and expended on any projects
    in this or any prior Act, under the heading ``Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus projects: Provided
    further, That all funds for repairs and alterations prospectus projects
    shall expire on September 30, 2012 and remain in the Federal Buildings
    Fund except funds for projects as to which funds for design or other
    funds have been obligated in whole or in part prior to such date:
    Provided further, That the amount provided in this or any prior Act for
    Basic Repairs and Alterations may be used to pay claims against the
    Government arising from any projects under the heading ``Repairs and
    Alterations'' or used to fund authorized increases in prospectus
    projects; (3) $135,540,000 for installment acquisition payments
    including payments on purchase contracts which shall remain available
    until expended; (4) $5,216,946,000 for rental of space which shall
    remain available until expended; and (5) $2,321,348,000 for building
    operations which shall remain available until expended: Provided
    further, That funds available to the General Services Administration
    shall not be available for expenses of any construction, repair,
    alteration and acquisition project for which a prospectus, if required
    by 40 U.S.C. 3307(a), has not been approved, except that necessary
    funds may be expended for each project for required expenses for the
    development of a proposed prospectus: Provided further, That funds
    available in the Federal Buildings Fund may be expended for emergency
    repairs when advance approval is obtained from the Committees on
    Appropriations: Provided further, That amounts necessary to provide
    reimbursable special services to other agencies under 40 U.S.C.
    592(b)(2) and amounts to provide such reimbursable fencing, lighting,
    guard booths, and other facilities on private or other property not in
    Government ownership or control as may be appropriate to enable the
    United States Secret Service to perform its protective functions
    pursuant to 18 U.S.C. 3056, shall be available from such revenues and
    collections: Provided further, That revenues and collections and any
    other sums accruing to this Fund during fiscal year 2011, excluding
    reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new
    obligational authority authorized for Real Property Activities of the
    Federal Buildings Fund in this Act shall remain in the Fund and shall
    not be available for expenditure except as authorized in appropriations
    Acts.

                               general activities

                             government-wide policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support
    responsibilities relating to acquisition, telecommunications,
    information technology management, and related technology activities;
    and services as authorized by 5 U.S.C. 3109 and the Office of Federal
    High Performance Green Buildings; $77,621,000.

                               operating expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property; agency-wide
    policy direction, management, and communications; the Civilian Board of
    Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to
    exceed $7,500 for official reception and representation expenses;
    $72,203,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General and
    service authorized by 5 U.S.C. 3109, $61,025,000: Provided, That not to
    exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                           electronic government fund

                         (including transfer of funds)

        For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation
    of innovative uses of the Internet and other electronic methods,
    $20,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purpose
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 15 days after a
    proposed spending plan and explanation for each project to be
    undertaken has been submitted to the Committees on Appropriations.

               allowances and office staff for former presidents

        For carrying out the provisions of 3 U.S.C. 102 note and Public Law
    95-138, $3,907,000.

                 federal acquisition workforce initiatives fund

                         (including transfers of funds)

        For necessary expenses in support of government-wide investments in
    the capacity and capabilities of the acquisition workforce,
    $10,000,000; of which $4,000,000 shall be available for salaries,
    curriculum development, competency management, certification management
    and career management: Provided, That up to 25 percent of the total
    amount appropriated herein may be transferred among such
    appropriations: Provided further, That these funds shall be
    administered by the Administrator of General Services, as approved by
    the Director of OMB: Provided further, That such funds may be
    transferred to Federal agencies, as approved by the Director of OMB, to
    carry out the purposes provided herein: Provided further, That this
    transfer authority is in addition to any other transfer authority
    provided in this Act; and of which $6,000,000 shall be available to
    create and maintain the contractor inventory database required by
    section 743 of Public Law 111-117.

                         federal citizen services fund

        For necessary expenses of the Office of Citizen Services, including
    services authorized by 5 U.S.C. 3109, $36,825,000, to be deposited into
    the Federal Citizen Services Fund: Provided, That the appropriations,
    revenues, and collections deposited into the Fund shall be available
    for necessary expenses of Federal Citizen Services activities in the
    aggregate amount not to exceed $100,000,000. Appropriations, revenues,
    and collections accruing to this Fund during fiscal year 2011 in excess
    of such amount shall remain in the Fund and shall not be available for
    expenditure except as authorized in appropriations Acts.

           administrative provisions--general services administration

                         (including transfers of funds)

        Sec. 510.  Funds available to the General Services Administration
    (GSA) shall be available for the hire of passenger motor vehicles.
        Sec. 511.  Funds in the Federal Buildings Fund made available for
    fiscal year 2011 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to
    meet program requirements: Provided, That any proposed transfers shall
    be approved in advance by the Committees on Appropriations.
        Sec. 512.  Except as otherwise provided in this title, funds made
    available by this Act shall be used to transmit a fiscal year 2012
    request for United States Courthouse construction only if the request:
    (1) meets the design guide standards for construction as established
    and approved by GSA, the Judicial Conference of the United States, and
    OMB; (2) reflects the priorities of the Judicial Conference of the
    United States as set out in its approved 5-year construction plan; and
    (3) includes a standardized courtroom utilization study of each
    facility to be constructed, replaced, or expanded.
        Sec. 513.  None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the GSA in compliance with the Public Buildings Amendments Act of 1972
    (Public Law 92-313).
        Sec. 514.  From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims
    against the Government of less than $250,000 arising from direct
    construction projects and acquisition of buildings may be liquidated
    from savings effected in other construction projects with prior
    notification to the Committees on Appropriations.
        Sec. 515.  In any case in which the House Committee on
    Transportation and Infrastructure and the Senate Committee on
    Environment and Public Works adopt a resolution granting lease
    authority pursuant to a prospectus transmitted to Congress by the
    Administrator of GSA under 40 U.S.C. 3307, the Administrator shall
    ensure that the delineated area of procurement is identical to the
    delineated area included in the prospectus for all lease agreements,
    except that, if the Administrator determines that the delineated area
    of the procurement should not be identical to the delineated area
    included in the prospectus, the Administrator shall provide an
    explanatory statement to each of such committees and the Committees on
    Appropriations prior to exercising any lease authority provided in the
    resolution.
        Sec. 516.  In furtherance of the emergency management policy set
    forth in the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, the Administrator of GSA may provide for the use of the
    GSA Federal supply schedules by relief and disaster assistance
    organizations as described in section 309 of that Act. Purchases under
    this authority shall be limited to use in preparation for, response to,
    and recovery from hazards as defined in section 602 of that Act.
        Sec. 517.  Section 37 of the Office of Federal Procurement Policy
    Act (41 U.S.C. 433), as amended, is further amended in paragraph
    (h)(3)(E) by: (a) deleting ``for training''; and (b) deleting
    ``subparagraph (A)'' and inserting in lieu thereof ``subparagraphs (A)
    and (C) to (J) of section 405 (d)(5) of this title.''
        Sec. 518. (a) The Administrator of General Services
    (Administrator), through a deed of release or other appropriate
    instrument, may release to the city of Tracy, California (the City) the
    reversionary interests retained by the United States, and all other
    terms, conditions, reservations, and restrictions imposed, in
    connection with the conveyance of the 200 acres conveyed pursuant to
    Public Law 105-277 section 140, as amended by Public Law 106-31 section
    3034 and Public Law 108-199 section 411. The exact acreage and legal
    description of the parcel to be released under subsection (a) shall be
    determined by a survey that is satisfactory to the Administrator.
        (b) As consideration for such release authorized under subsection
    (a), the City shall pay to the Administrator an amount not less than
    the property's appraised Fair Market Value as determined by the
    Administrator. The determination of the Administrator is final. The
    Administrator shall determine the property's Fair Market Value through
    an appraisal conducted by a licensed, independent appraiser. The
    appraisal shall be based on the property's highest and best use.
        (c) As soon as practicable, but not more than 180 days after
    enactment of this Act, the City shall enter into a binding agreement
    with the Administrator for the conveyance described in subsection (a)
    of this section. The net proceeds from sale shall be deposited into the
    Federal Buildings Fund established under section 592 of title 40,
    U.S.C.
        (d) The City shall be responsible for reimbursing the Administrator
    for the costs associated with implementing this section, including the
    costs of appraisal and survey. The Administrator may require such
    additional terms and conditions in connection with the release under
    subsection (a) as the Administrator considers appropriate to protect
    the interests of the United States.
        Sec. 519.  Funds made available to GSA in the Federal Buildings
    Fund shall remain available to fund authorized increases or costs
    arising from any projects identified in the detailed plan submitted by
    GSA pursuant to Public Law 111-5: Provided, That the Administrator of
    General Services shall obtain the advance approval of the Committees on
    Appropriations for any project cost increase in an amount greater than
    10 percent.
        Sec. 520.  Of the amounts made available under the heading ``Policy
    and Operations'' for the maintenance, protection, and disposal of the
    U.S. Coast Guard Service Center at Governor's Island, NY, and the
    Lorton Correctional Facility in Lorton, VA in prior years, whether
    appropriated directly to GSA or to any other agency of the Government
    and received by GSA for such purpose, $1,400,000 in unobligated
    balances are rescinded.
        Sec. 521. (a) The Administrator of General Services, not later than
    120 days after the date of enactment of this Act, shall prepare and
    submit to Congress a building project survey report related to a
    consolidated headquarters for the Federal Bureau of Investigation (FBI)
    in the Washington metropolitan region (as defined in 40 U.S.C. 8301).
        (b) The building project survey report shall be prepared by the
    Administrator of General Services in consultation with the Director of
    the FBI, and each strategy described in the report shall contain, at a
    minimum, an estimated cost, a financing and development plan, a
    budgetary and financial impact analysis, a procurement and
    implementation plan, an analysis of security and information technology
    issues specific to the FBI, and a schedule.
        (c) The building project survey report shall identify a preferred
    strategy.

                     Harry S Truman Scholarship Foundation

                             salaries and expenses

        For payment to the Harry S Truman Scholarship Foundation Trust
    Fund, established by section 10 of Public Law 93-642, $1,000,000 to
    remain available until expended.

                         Merit Systems Protection Board

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
    the Civil Service Reform Act of 1978, and the Whistleblower Protection
    Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, direct procurement of
    survey printing, and not to exceed $2,000 for official reception and
    representation expenses, $41,621,000 together with not to exceed
    $2,579,000 for administrative expenses to adjudicate retirement appeals
    to be transferred from the Civil Service Retirement and Disability Fund
    in amounts determined by the Merit Systems Protection Board.

                Morris K. Udall and Stewart L. Udall Foundation

                morris k. udall and stewart l. udall trust fund

                         (including transfer of funds)

        For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
    pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
    U.S.C. 5601 et seq.), $2,500,000, to remain available until expended,
    of which up to $50,000 shall be used to conduct financial audits
    pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
    107-289) notwithstanding sections 8 and 9 of Public Law 102-259:
    Provided, That up to 60 percent of such funds may be transferred by the
    Morris K. Udall and Stewart L. Udall Foundation for the necessary
    expenses of the Native Nations Institute.

                     environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $3,800,000, to remain available until expended.

                  National Archives and Records Administration

                               operating expenses

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (NARA) (including the
    Information Security Oversight Office) and archived Federal records and
    related activities, as provided by law, and for expenses necessary for
    the review and declassification of documents and the activities of the
    Public Interest Declassification Board, and for the hire of passenger
    motor vehicles, and for uniforms or allowances therefor, as authorized
    by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
    cleaning, $348,689,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Reform Act of
    2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
    General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
    motor vehicles, $4,250,000.

                          electronic records archives

        For necessary expenses in connection with the development of the
    electronic records archives, to include all direct project costs
    associated with research, analysis, design, development, and program
    management, $72,000,000, of which $52,500,000 shall remain available
    until September 30, 2013: Provided, That none of the multi-year funds
    may be obligated until the NARA submits to the Committees on
    Appropriations, and such Committees approve, a plan for expenditure
    that: (1) meets the capital planning and investment control review
    requirements established by OMB, including Circular A-11; (2) complies
    with NARA's enterprise architecture; (3) conforms with NARA's
    enterprise life cycle methodology; (4) is approved by NARA and OMB; (5)
    has been reviewed by the Government Accountability Office; and (6)
    complies with the acquisition rules, requirements, guidelines, and
    systems acquisition management practices of the Federal Government.

                            repairs and restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $11,848,000, to remain
    available until expended: Provided, That language under the heading
    ``Repairs and Restoration'' in Public Law 109-115 shall be amended by
    striking ``of which $1,500,000 is to construct a new regional archives
    and records facility in Anchorage, Alaska,'': Provided further, That
    language under the heading ``Repairs and Restoration'' in Public Law
    108-447 shall be amended by striking ``of which $3,000,000 is for site
    preparation and construction management to construct a new regional
    archives and records facility in Anchorage, Alaska, and''.

            national historical publications and records commission

                                 grants program

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, $10,000,000,
    to remain available until expended.

                      National Credit Union Administration

                           central liquidity facility

        During fiscal year 2011, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
    authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
    U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
    Central Liquidity Facility in fiscal year 2011 shall not exceed
    $1,250,000.

                   community development revolving loan fund

        For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
    available until September 30, 2012 for technical assistance to low-
    income designated credit unions.

                          Office of Government Ethics

                             salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, and
    the Ethics Reform Act of 1989, including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
    for official reception and representation expenses, $14,227,000.

                         Office of Personnel Management

                             salaries and expenses

                      (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
    of 1978 and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for
    veterans by private physicians on a fee basis; rental of conference
    rooms in the District of Columbia and elsewhere; hire of passenger
    motor vehicles; not to exceed $2,500 for official reception and
    representation expenses; advances for reimbursements to applicable
    funds of OPM and the Federal Bureau of Investigation for expenses
    incurred under Executive Order No. 10422 of January 9, 1953, as
    amended; and payment of per diem and/or subsistence allowances to
    employees where Voting Rights Act activities require an employee to
    remain overnight at his or her post of duty, $96,439,000, of which
    $670,210 shall be available to increase the agency's acquisition
    workforce capacity and capabilities; of which $6,004,000 shall remain
    available until September 30, 2012 for the Enterprise Human Resources
    Integration project; $1,416,000 shall remain available until September
    30, 2012 for the Human Resources Line of Business project; and in
    addition $121,738,000 for administrative expenses, to be transferred
    from the appropriate trust funds of OPM without regard to other
    statutes, including direct procurement of printed materials, for the
    retirement and insurance programs, of which not more than $9,495,000
    shall remain available until September 30, 2012 for the cost of
    implementing the new integrated financial system: Provided, That the
    provisions of this appropriation shall not affect the authority to use
    applicable trust funds as provided by sections 8348(a)(1)(B), and
    9004(f)(2)(A) of title 5, U.S.C.: Provided further, That no part of
    this appropriation shall be available for salaries and expenses of the
    OPM Legal Examining Unit established pursuant to Executive Order No.
    9358 of July 1, 1943, or any successor unit of like purpose: Provided
    further, That the President's Commission on White House Fellows,
    established by Executive Order No. 11183 of October 3, 1964, may,
    during fiscal year 2011, accept donations of money, property, and
    personal services: Provided further, That such donations, including
    those from prior years, may be used for the development of publicity
    materials to provide information about the White House Fellows, except
    that no such donations shall be accepted for travel or reimbursement of
    travel expenses, or for the salaries of employees of such Commission:
    Provided further, That funds to increase the agency's acquisition
    workforce capacity and capabilities shall be available only to
    supplement and not to supplant existing acquisition workforce
    activities, and shall be available for training, recruitment,
    retention, and hiring additional members of the acquisition workforce
    as defined by the Office of Federal Procurement Policy Act, as amended
    (41 U.S.C. 401 et seq.): Provided further, That such acquisition
    workforce funds shall be available for information technology in
    support of acquisition workforce effectiveness or for management
    solutions to improve acquisition management: Provided further, That
    such acquisition workforce improvement funds may be transferred by the
    Director of OPM to any other account in the agency to carry out the
    purposes provided herein: Provided further, That such transfer
    authority is in addition to any other transfer authority provided in
    this Act.

                          office of inspector general

                             salaries and expenses

                      (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $3,997,000, and in addition, not to exceed $21,888,000
    for administrative expenses to audit, investigate, and provide other
    oversight of OPM's retirement and insurance programs, to be transferred
    from the appropriate trust funds of OPM, as determined by the Inspector
    General: Provided, That the Inspector General is authorized to rent
    conference rooms in the District of Columbia and elsewhere.

          government payment for annuitants, employees health benefits

        For payment of Government contributions with respect to retired
    employees, as authorized by chapter 89 of title 5, U.S.C., and the
    Retired Federal Employees Health Benefits Act (74 Stat. 849), such sums
    as may be necessary.

           government payment for annuitants, employee life insurance

        For payment of Government contributions with respect to employees
    retiring after December 31, 1989, as required by chapter 87 of title 5,
    U.S.C., such sums as may be necessary.

            payment to civil service retirement and disability fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to
    the Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, That annuities authorized by the Act of May 29,
    1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter
    be paid out of the Civil Service Retirement and Disability Fund.

                           Office of Special Counsel

                             salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
    Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
    Uniformed Services Employment and Reemployment Rights Act of 1994
    (Public Law 103-353), including services as authorized by 5 U.S.C.
    3109, payment of fees and expenses for witnesses, rental of conference
    rooms in the District of Columbia and elsewhere, and hire of passenger
    motor vehicles; $19,486,000.

                          Postal Regulatory Commission

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Postal Regulatory Commission in
    carrying out the provisions of the Postal Accountability and
    Enhancement Act (Public Law 109-435), $14,450,000, to be derived by
    transfer from the Postal Service Fund and expended as authorized by
    section 603(a) of such Act.

                  Privacy and Civil Liberties Oversight Board

                             salaries and expenses

        For necessary expenses of the Privacy and Civil Liberties Oversight
    Board, as authorized by section 1061 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to
    remain available until September 30, 2012.

                       Securities and Exchange Commission

                             salaries and expenses

        For necessary expenses for the Securities and Exchange Commission,
    including services as authorized by 5 U.S.C. 3109, the rental of space
    (to include multiple year leases) in the District of Columbia and
    elsewhere, and not to exceed $3,500 for official reception and
    representation expenses, $1,300,000,000, to remain available until
    expended; of which not less than $6,250,000 shall be for the Office of
    Inspector General; of which not to exceed $30,000 may be used toward
    funding a permanent secretariat for the International Organization of
    Securities Commissions; and of which not to exceed $100,000 shall be
    available for expenses for consultations and meetings hosted by the
    Commission with foreign governmental and other regulatory officials,
    members of their delegations, appropriate representatives and staff to
    exchange views concerning developments relating to securities matters,
    development and implementation of cooperation agreements concerning
    securities matters and provision of technical assistance for the
    development of foreign securities markets, such expenses to include
    necessary logistic and administrative expenses and the expenses of
    Commission staff and foreign invitees in attendance at such
    consultations and meetings including: (1) such incidental expenses as
    meals taken in the course of such attendance; (2) any travel and
    transportation to or from such meetings; and (3) any other related
    lodging or subsistence; and of which not to exceed $483,130 shall be
    available to increase the Commission's acquisition workforce capacity
    and capabilities: Provided, That such acquisition workforce funds may
    be transferred by the Chairman to any other account in the Commission
    to carry out the purposes provided herein: Provided further, That such
    transfer authority is in addition to any other transfer authority
    provided in this Act: Provided further, That such acquisition workforce
    funds shall be available only to supplement and not to supplant
    existing acquisition workforce activities: Provided further, That such
    funds shall be available for training, recruitment, retention, and
    hiring additional members of the acquisition workforce as defined by
    the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401
    et seq.): Provided further, That such funds shall be available for
    information technology in support of acquisition workforce
    effectiveness and management: Provided further, That fees and
    assessments authorized by sections 6(b) of the Securities Exchange Act
    of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities
    Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), as in effect
    on the day before the date of enactment of the Dodd-Frank Wall Street
    Reform and Consumer Protection Act (Public Law 111-203, 124 Stat. 1376)
    shall be credited to this account as offsetting collections: Provided
    further, That not to exceed $1,300,000,000 of such offsetting
    collections shall be available until expended for necessary expenses of
    this account: Provided further, That the total amount appropriated
    under this heading from the general fund for fiscal year 2011 shall be
    reduced as such offsetting collections are received so as to result in
    a final total fiscal year 2011 appropriation from the general fund
    estimated at not more than $0.

                            Selective Service System

                             salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 for official reception and representation expenses;
    $24,275,000: Provided, That during the current fiscal year, the
    President may exempt this appropriation from the provisions of 31
    U.S.C. 1341, whenever the President deems such action to be necessary
    in the interest of national defense: Provided further, That none of the
    funds appropriated by this Act may be expended for or in connection
    with the induction of any person into the Armed Forces of the United
    States.

                         Small Business Administration

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the Small
    Business Administration as authorized by Public Law 108-447, including
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
    1344, and not to exceed $3,500 for official reception and
    representation expenses, $459,125,000: Provided, That the Administrator
    is authorized to charge fees to cover the cost of publications
    developed by the Small Business Administration, and certain loan
    program activities, including fees authorized by section 5(b) of the
    Small Business Act: Provided further, That, notwithstanding 31 U.S.C.
    3302, revenues received from all such activities shall be credited to
    this account, to remain available until expended, for carrying out
    these purposes without further appropriations: Provided further, That
    $115,250,000 shall be available to fund grants for performance in
    fiscal year 2011 or fiscal year 2012 as authorized by section 21 of the
    Small Business Act, of which $1,000,000 shall be for the Veterans
    Assistance and Services Program authorized by section 21(n) of the
    Small Business Act, and of which $1,000,000 shall be for the Small
    Business Energy Efficiency Program authorized by section 1203(c) of
    Public Law 110-140: Provided further, That $22,000,000 shall remain
    available until September 30, 2012 for marketing, management, and
    technical assistance under section 7(m) of the Small Business Act (15
    U.S.C. 636(m)(4)) by intermediaries that make microloans under the
    microloan program: Provided further, That during fiscal year 2011, the
    applicable percentage under section 7(m)(4)(A) of the Small Business
    Act shall be 50 percent: Provided further, That $15,347,700 shall be
    available for the Loan Modernization and Accounting System, to be
    available until September 30, 2012: Provided further, That $2,000,000
    shall be for the Federal and State Technology Partnership Program under
    section 34 of the Small Business Act (15 U.S.C. 657d): Provided
    further, That $1,000,000, to remain available until September 30, 2012,
    shall be for a pilot program to provide financial assistance in the
    form of grants or cooperative agreements to educational institutions,
    nonprofit organizations, or State and local departments and agencies
    for the purposes of providing management or technical assistance to
    Hispanic small businesses: Provided further, That $1,767,090 shall be
    to supplement and not supplant training, recruitment, retention, and
    hiring additional members of the acquisition workforce as defined by
    the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)
    and for information technology in support of acquisition workforce
    effectiveness and management.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $18,000,000.

                         business loans program account

                         (including transfer of funds)

        For the cost of direct loans, $4,000,000, to remain available until
    expended, and for the cost of guaranteed loans as authorized by section
    7(a) of the Small Business Act, $79,000,000, to remain available until
    expended: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That subject to section 502 of
    the Congressional Budget Act of 1974, during fiscal year 2011
    commitments to guarantee loans under section 503 of the Small Business
    Investment Act of 1958 shall not exceed $7,500,000,000: Provided
    further, That during fiscal year 2011 commitments for general business
    loans authorized under section 7(a) of the Small Business Act shall not
    exceed $17,500,000,000 for a combination of amortizing term loans and
    the aggregated maximum line of credit provided by revolving loans:
    Provided further, That during fiscal year 2011 commitments to guarantee
    loans for debentures under section 303(b) of the Small Business
    Investment Act of 1958, shall not exceed $3,000,000,000: Provided
    further, That during fiscal year 2011, guarantees of trust certificates
    authorized by section 5(g) of the Small Business Act shall not exceed a
    principal amount of $12,000,000,000. In addition, for administrative
    expenses to carry out the direct and guaranteed loan programs,
    $157,000,000, which may be transferred to and merged with the
    appropriations for Salaries and Expenses.

                         disaster loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the direct loan program
    authorized by section 7(b) of the Small Business Act, $193,000,000, to
    be available until expended, of which $1,000,000 is for the Office of
    Inspector General of the Small Business Administration for audits and
    reviews of disaster loans and the disaster loan programs and shall be
    transferred to and merged with the appropriations for the Office of
    Inspector General; of which $183,000,000 is for direct administrative
    expenses of loan making and servicing to carry out the direct loan
    program, which may be transferred to and merged with the appropriations
    for Salaries and Expenses; of which $9,000,000 is for indirect
    administrative expenses for the direct loan program, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses.

            administrative provisions--small business administration

                         (including transfer of funds)

        Sec. 530.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Small Business
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation shall be increased by more
    than 10 percent by any such transfers: Provided, That any transfer
    pursuant to this paragraph shall be treated as a reprogramming of funds
    under section 608 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.
        Sec. 531.  All disaster loans issued in Alaska or North Dakota
    shall be administered by the Small Business Administration and shall
    not be sold during fiscal year 2010.
        Sec. 532.  Funds made available under Public Law 111-8 and Public
    Law 111-117 for Community Links Hawaii shall be made available to the
    Pacific International Center for High Technology Research.
        Sec. 533.  Public Law 111-240 is amended in section 1114 and
    section 1704 by striking ``December 31, 2010'' and inserting
    ``September 30, 2011'' each time it appears and in section 1704 by
    adding at the end the following: ``(c) For purposes of the loans made
    under this section, the maximum guaranteed amount outstanding to the
    borrower may not exceed $4,500,000.''
        Sec. 534.  For an additional amount under the heading ``Small
    Business Administration--Salaries and Expenses,'' $47,575,000 to remain
    available until September 30, 2012, which shall be for initiatives
    related to small business development and entrepreneurship, including
    programmatic and construction activities, in the amounts and for the
    projects specified in the table that appears under the heading
    ``Administrative Provisions--Small Business Administration'' in the
    explanatory statement to accompany this Act.

                          United States Postal Service

                       payment to the postal service fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of 39 U.S.C.
    2401, $103,905,000, of which $74,905,000 shall not be available for
    obligation until October 1, 2011: Provided, That mail for overseas
    voting and mail for the blind shall continue to be free: Provided
    further, That 6-day delivery and rural delivery of mail shall continue
    at not less than the 1983 level: Provided further, That none of the
    funds made available to the Postal Service by this Act shall be used to
    implement any rule, regulation, or policy of charging any officer or
    employee of any State or local child support enforcement agency, or any
    individual participating in a State or local program of child support
    enforcement, a fee for information requested or provided concerning an
    address of a postal customer: Provided further, That none of the funds
    provided in this Act shall be used to consolidate or close small rural
    and other small post offices in fiscal year 2011.

                          office of inspector general

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $244,397,000, to be derived by transfer from the Postal Service Fund
    and expended as authorized by section 603(b)(3) of the Postal
    Accountability and Enhancement Act (Public Law 109-435).

                            United States Tax Court

                             salaries and expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $55,053,000, of which
    $2,852,000 shall remain available until September 30, 2012: Provided,
    That travel expenses of the judges shall be paid upon the written
    certificate of the judge.

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

        Sec. 601.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 602.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 603.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 604.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 605.  None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation,
    or policy that would prohibit the enforcement of section 307 of the
    Tariff Act of 1930 (19 U.S.C. 1307).
        Sec. 606.  No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with the Buy American Act (41 U.S.C.
    10a-10c).
        Sec. 607.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 608.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2011, or provided from any
    accounts in the Treasury derived by the collection of fees and
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program; (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project, or activity
    for which funds have been denied or restricted by the Congress; (4)
    proposes to use funds directed for a specific activity by the Committee
    on Appropriations of either the House of Representatives or the Senate
    for a different purpose; (5) augments existing programs, projects, or
    activities in excess of $5,000,000 or 10 percent, whichever is less;
    (6) reduces existing programs, projects, or activities by $5,000,000 or
    10 percent, whichever is less; or (7) creates or reorganizes offices,
    programs, or activities unless prior approval is received from the
    Committees on Appropriations: Provided, That prior to any significant
    reorganization or restructuring of offices, programs, or activities,
    each agency or entity funded in this Act shall consult with the
    Committees on Appropriations: Provided further, That not later than 60
    days after the date of enactment of this Act, each agency funded by
    this Act shall submit a report to the Committees on Appropriations to
    establish the baseline for application of reprogramming and transfer
    authorities for the current fiscal year: Provided further, That the
    report shall include: (1) a table for each appropriation with a
    separate column to display the President's budget request, adjustments
    made by Congress, adjustments due to enacted rescissions, if
    appropriate, and the fiscal year enacted level; (2) a delineation in
    the table for each appropriation both by object class and program,
    project, and activity as detailed in the budget appendix for the
    respective appropriation; and (3) an identification of items of special
    congressional interest: Provided further, That the amount appropriated
    or limited for salaries and expenses for an agency shall be reduced by
    $100,000 per day for each day after the required date that the report
    has not been submitted to the Congress.
        Sec. 609.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2011 from appropriations made available for salaries
    and expenses for fiscal year 2011 in this Act, shall remain available
    through September 30, 2012, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
        Sec. 610.  None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
                (1) such individual has given his or her express written
            consent for such request not more than 6 months prior to the
            date of such request and during the same presidential
            administration; or
                (2) such request is required due to extraordinary
            circumstances involving national security.
        Sec. 611.  The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, U.S.C.
        Sec. 612.  For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management (OPM) may accept
    and utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to OPM
    pursuant to court approval.
        Sec. 613.  No funds appropriated by this Act shall be available to
    pay for an abortion, or the administrative expenses in connection with
    any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.
        Sec. 614.  The provision of section 613 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
        Sec. 615.  In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in the Buy American Act (41
    U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in 40 U.S.C. 11101),
    that is a commercial item (as defined in section 4(12) of the Office of
    Federal Procurement Policy Act (41 U.S.C. 403(12)).
        Sec. 616.  Notwithstanding 31 U.S.C. 1353, no officer or employee
    of any regulatory agency or commission funded by this Act may accept on
    behalf of that agency, nor may such agency or commission accept,
    payment or reimbursement from a non-Federal entity for travel,
    subsistence, or related expenses for the purpose of enabling an officer
    or employee to attend and participate in any meeting or similar
    function relating to the official duties of the officer or employee
    when the entity offering payment or reimbursement is a person or entity
    subject to regulation by such agency or commission, or represents a
    person or entity subject to regulation by such agency or commission,
    unless the person or entity is an organization described in section
    501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax
    under section 501(a) of such Code.
        Sec. 617.  The Public Company Accounting Oversight Board shall have
    authority to obligate funds for the scholarship program established by
    section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
    204) in an aggregate amount not exceeding the amount of funds collected
    by the Board as of December 31, 2010, including accrued interest, as a
    result of the assessment of monetary penalties. Funds available for
    obligation in fiscal year 2011 shall remain available until expended.
        Sec. 618.  From the unobligated balances of prior year
    appropriations made available for the Privacy and Civil Liberties
    Oversight Board, $1,500,000 are rescinded.
        Sec. 619.  During fiscal year 2011, for purposes of section
    908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of
    2000 (22 U.S.C. 7207(b)(1)), the term ``payment of cash in advance''
    shall be interpreted as payment before the transfer of title to, and
    control of, the exported items to the Cuban purchaser.
        Sec. 620. (a) Section 1403(8) of the Virginia Graeme Baker Pool and
    Spa Safety Act (15 U.S.C. 8002(8)) is amended by adding at the end the
    following: ``For purposes of eligibility for the grants authorized
    under section 1405, such term shall also include any political
    subdivision of a State.''.
        (b) Extension of Grant Program.--Section 1405(e) of the Virginia
    Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004 (e)) is amended by
    striking ``2010'' and inserting ``2011''.
        Sec. 621.  Notwithstanding section 708 of this Act, funds made
    available to the Commodity Futures Trading Commission and the
    Securities and Exchange Commission by this or any other Act may be used
    for the interagency funding and sponsorship of a joint advisory
    committee to advise on emerging regulatory issues.
        Sec. 622.  Any expenses incurred by the Election Assistance
    Commission using amounts appropriated under the heading ``Election
    Assistance Commission, Election Reform Programs'' in the
    Transportation, Treasury, and Independent Agencies Appropriations Act,
    2004 (Public Law 108-199; 118 Stat. 327) for any program or activity
    which the Commission is authorized to carry out under the Help America
    Vote Act of 2002 shall be considered to have been incurred for the
    programs and activities described under such heading.
        Sec. 623.  Section 1107 of 31 U.S.C. 1107 is amended by adding to
    the end thereof the following: ``The President shall transmit promptly
    to Congress without change, proposed deficiency and supplemental
    appropriations submitted to the President by the legislative branch and
    the judicial branch.''.
        Sec. 624.  Section 7 of the Abraham Lincoln Commemorative Coin Act
    (31 U.S.C. Sec.  5112 note) is amended in subsection (b) by striking
    ``Abraham Lincoln Bicentennial Commission to further the work of the
    Commission'' and inserting ``Abraham Lincoln Bicentennial Foundation
    for the purposes of commemorating the bicentennial of the birth of
    Abraham Lincoln, and fostering and promoting the awareness and study of
    the life of Abraham Lincoln'' and in subsection (c) by striking
    ``Abraham Lincoln Bicentennial Commission'' and inserting ``Abraham
    Lincoln Bicentennial Foundation''.
        Sec. 625.  Of the unobligated balances available to the Federal
    Communications Commission from prior appropriations under the heading
    ``Salaries and Expenses'', $2,800,000 are hereby rescinded.

                                   TITLE VII

                      GENERAL PROVISIONS--GOVERNMENT-WIDE

                    Departments, Agencies, and Corporations

        Sec. 701.  No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2011 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act (21 U.S.C. 802)) by the officers and employees of such
    department, agency, or instrumentality.
        Sec. 702.  Unless otherwise specifically provided, the maximum
    amount allowable during the current fiscal year in accordance with 31
    U.S.C. 1343(c), for the purchase of any passenger motor vehicle
    (exclusive of buses, ambulances, law enforcement, and undercover
    surveillance vehicles), is hereby fixed at $13,197 except station
    wagons for which the maximum shall be $13,631: Provided, That these
    limits may be exceeded by not to exceed $3,700 for police-type
    vehicles, and by not to exceed $4,000 for special heavy-duty vehicles:
    Provided further, That the limits set forth in this section may not be
    exceeded by more than 5 percent for electric or hybrid vehicles
    purchased for demonstration under the provisions of the Electric and
    Hybrid Vehicle Research, Development, and Demonstration Act of 1976:
    Provided further, That the limits set forth in this section may be
    exceeded by the incremental cost of clean alternative fuels vehicles
    acquired pursuant to Public Law 101-549 over the cost of comparable
    conventionally fueled vehicles: Provided further, That the limits set
    forth in this section shall not apply to any vehicle that is a
    commercial item and which operates on emerging motor vehicle
    technology, including but not limited to electric, plug-in hybrid
    electric, and hydrogen fuel cell vehicles.
        Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 704.  Unless otherwise specified during the current fiscal
    year, no part of any appropriation contained in this or any other Act
    shall be used to pay the compensation of any officer or employee of the
    Government of the United States (including any agency the majority of
    the stock of which is owned by the Government of the United States)
    whose post of duty is in the continental United States unless such
    person: (1) is a citizen of the United States; (2) is a person who is
    lawfully admitted for permanent residence and is seeking citizenship as
    outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as
    a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
    and has filed a declaration of intention to become a lawful permanent
    resident and then a citizen when eligible; or (4) is a person who owes
    allegiance to the United States: Provided, That for purposes of this
    section, affidavits signed by any such person shall be considered prima
    facie evidence that the requirements of this section with respect to
    his or her status are being complied with: Provided further, That any
    person making a false affidavit shall be guilty of a felony, and upon
    conviction, shall be fined no more than $4,000 or imprisoned for not
    more than 1 year, or both: Provided further, That the above penal
    clause shall be in addition to, and not in substitution for, any other
    provisions of existing law: Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section
    shall be recoverable in action by the Federal Government: Provided
    further, That this section shall not apply to any person who is an
    officer or employee of the Government of the United States on the date
    of enactment of this Act, or to international broadcasters employed by
    the Broadcasting Board of Governors, or to temporary employment of
    translators, or to temporary employment in the field service (not to
    exceed 60 days) as a result of emergencies: Provided further, That this
    section does not apply to the employment as Wildland firefighters for
    not more than 120 days of nonresident aliens employed by the Department
    of the Interior or the USDA Forest Service pursuant to an agreement
    with another country.
        Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 13423
            (January 24, 2007), including any such programs adopted prior
            to the effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.
        Sec. 707.  Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, U.S.C., shall be
    available, in addition to objects for which such funds are otherwise
    available, for rent in the District of Columbia; services in accordance
    with 5 U.S.C. 3109; and the objects specified under this head, all the
    provisions of which shall be applicable to the expenditure of such
    funds unless otherwise specified in the Act by which they are made
    available: Provided, That in the event any functions budgeted as
    administrative expenses are subsequently transferred to or paid from
    other funds, the limitations on administrative expenses shall be
    correspondingly reduced.
        Sec. 708.  No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards
    (except Federal Executive Boards), commissions, councils, committees,
    or similar groups (whether or not they are interagency entities) which
    do not have a prior and specific statutory approval to receive
    financial support from more than one agency or instrumentality.
        Sec. 709.  None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a joint
    resolution duly adopted in accordance with the applicable law of the
    United States.
        Sec. 710. (a) Notwithstanding any other provision of law, and
    except as otherwise provided in this section, no part of any of the
    funds appropriated for fiscal year 2011, by this or any other Act, may
    be used to pay any prevailing rate employee described in 5 U.S.C.
    5342(a)(2)(A)--
                (1) during the period from the date of expiration of the
            limitation imposed by the comparable section for previous
            fiscal years until the normal effective date of the applicable
            wage survey adjustment that is to take effect in fiscal year
            2011, in an amount that exceeds the rate payable for the
            applicable grade and step of the applicable wage schedule in
            accordance with such section; and
                (2) during the period consisting of the remainder of fiscal
            year 2011, in an amount that exceeds, as a result of a wage
            survey adjustment, the rate payable under paragraph (1) by more
            than the sum of--
                        (A) the percentage adjustment taking effect in
                    fiscal year 2011 under section 5303 of title 5, United
                    States Code, in the rates of pay under the General
                    Schedule; and
                        (B) the difference between the overall average
                    percentage of the locality-based comparability payments
                    taking effect in fiscal year 2011 under section 5304 of
                    such title (whether by adjustment or otherwise), and
                    the overall average percentage of such payments which
                    was effective in the previous fiscal year under such
                    section.
        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, U.S.C., and no employee covered by section 5348 of such title,
    may be paid during the periods for which subsection (a) is in effect at
    a rate that exceeds the rates that would be payable under subsection
    (a) were subsection (a) applicable to such employee.
        (c) For the purposes of this section, the rates payable to an
    employee who is covered by this section and who is paid from a schedule
    not in existence on September 30, 2010, shall be determined under
    regulations prescribed by the Office of Personnel Management (OPM).
        (d) Notwithstanding any other provision of law, rates of premium
    pay for employees subject to this section may not be changed from the
    rates in effect on September 30, 2010, except to the extent determined
    by OPM to be consistent with the purpose of this section.
        (e) This section shall apply with respect to pay for service
    performed after September 30, 2010.
        (f) For the purpose of administering any provision of law
    (including any rule or regulation that provides premium pay,
    retirement, life insurance, or any other employee benefit) that
    requires any deduction or contribution, or that imposes any requirement
    or limitation on the basis of a rate of salary or basic pay, the rate
    of salary or basic pay payable after the application of this section
    shall be treated as the rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or
    require the payment to any employee covered by this section at a rate
    in excess of the rate that would be payable were this section not in
    effect.
        (h) OPM may provide for exceptions to the limitations imposed by
    this section if OPM determines that such exceptions are necessary to
    ensure the recruitment or retention of qualified employees.
        Sec. 711.  During the period in which the head of any department or
    agency, or any other officer or civilian employee of the Federal
    Government appointed by the President of the United States, holds
    office, no funds may be obligated or expended in excess of $5,000 to
    furnish or redecorate the office of such department head, agency head,
    officer, or employee, or to purchase furniture or make improvements for
    any such office, unless advance notice of such furnishing or
    redecoration is transmitted to the Committees on Appropriations. For
    the purposes of this section, the term ``office'' shall include the
    entire suite of offices assigned to the individual, as well as any
    other space used primarily by the individual or the use of which is
    directly controlled by the individual.
        Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or section 708
    of this Act, funds made available for the current fiscal year by this
    or any other Act shall be available for the interagency funding of
    national security and emergency preparedness telecommunications
    initiatives which benefit multiple Federal departments, agencies, or
    entities, as provided by Executive Order No. 12472 (April 3, 1984).
        Sec. 713. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to 5 U.S.C.
    3302, without a certification to OPM from the head of the Federal
    department, agency, or other instrumentality employing the Schedule C
    appointee that the Schedule C position was not created solely or
    primarily in order to detail the employee to the White House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed forces detailed to or from--
                (1) the Central Intelligence Agency;
                (2) the National Security Agency;
                (3) the Defense Intelligence Agency;
                (4) the National Geospatial-Intelligence Agency;
                (5) the offices within the Department of Defense for the
            collection of specialized national foreign intelligence through
            reconnaissance programs;
                (6) the Bureau of Intelligence and Research of the
            Department of State;
                (7) any agency, office, or unit of the Army, Navy, Air
            Force, and Marine Corps, the Department of Homeland Security,
            the Federal Bureau of Investigation and the Drug Enforcement
            Administration of the Department of Justice, the Department of
            Transportation, the Department of the Treasury, and the
            Department of Energy performing intelligence functions; and
                (8) the Director of National Intelligence or the Office of
            the Director of National Intelligence.
        Sec. 714.  No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
                (1) prohibits or prevents, or attempts or threatens to
            prohibit or prevent, any other officer or employee of the
            Federal Government from having any direct oral or written
            communication or contact with any Member, committee, or
            subcommittee of the Congress in connection with any matter
            pertaining to the employment of such other officer or employee
            or pertaining to the department or agency of such other officer
            or employee in any way, irrespective of whether such
            communication or contact is at the initiative of such other
            officer or employee or in response to the request or inquiry of
            such Member, committee, or subcommittee; or
                (2) removes, suspends from duty without pay, demotes,
            reduces in rank, seniority, status, pay, or performance or
            efficiency rating, denies promotion to, relocates, reassigns,
            transfers, disciplines, or discriminates in regard to any
            employment right, entitlement, or benefit, or any term or
            condition of employment of, any other officer or employee of
            the Federal Government, or attempts or threatens to commit any
            of the foregoing actions with respect to such other officer or
            employee, by reason of any communication or contact of such
            other officer or employee with any Member, committee, or
            subcommittee of the Congress as described in paragraph (1).
        Sec. 715. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some
            participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants--
            personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 716.  No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; 5 U.S.C. 7211 (governing disclosures to Congress); 10 U.S.C.
    1034, as amended by the Military Whistleblower Protection Act
    (governing disclosure to Congress by members of the military); 5 U.S.C.
    2302(b)(8), as amended by the Whistleblower Protection Act of 1989
    (governing disclosures of illegality, waste, fraud, abuse or public
    health or safety threats); the Intelligence Identities Protection Act
    of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could
    expose confidential Government agents); and the statutes which protect
    against disclosure that may compromise the national security, including
    sections 641, 793, 794, 798, and 952 of title 18, U.S.C., and section
    4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
    definitions, requirements, obligations, rights, sanctions, and
    liabilities created by said Executive order and listed statutes are
    incorporated into this agreement and are controlling.'': Provided, That
    notwithstanding the preceding paragraph, a nondisclosure policy form or
    agreement that is to be executed by a person connected with the conduct
    of an intelligence or intelligence-related activity, other than an
    employee or officer of the United States Government, may contain
    provisions appropriate to the particular activity for which such
    document is to be used. Such form or agreement shall, at a minimum,
    require that the person will not disclose any classified information
    received in the course of such activity unless specifically authorized
    to do so by the United States Government. Such nondisclosure forms
    shall also make it clear that they do not bar disclosures to Congress,
    or to an authorized official of an executive agency or the Department
    of Justice, that are essential to reporting a substantial violation of
    law.
        Sec. 717.  No part of any funds appropriated in this or any other
    Act shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for
    publicity or propaganda purposes, and for the preparation, distribution
    or use of any kit, pamphlet, booklet, publication, radio, television,
    or film presentation designed to support or defeat legislation pending
    before the Congress, except in presentation to the Congress itself.
        Sec. 718.  None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address
    to any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 719.  None of the funds made available in this Act or any
    other Act may be used to provide any non-public information such as
    mailing or telephone lists to any person or any organization outside of
    the Federal Government without the approval of the Committees on
    Appropriations.
        Sec. 720.  No part of any appropriation contained in this or any
    other Act shall be used directly or indirectly, including by private
    contractor, for publicity or propaganda purposes within the United
    States not heretofore authorized by the Congress.
        Sec. 721. (a) In this section, the term ``agency''--
                (1) means an Executive agency, as defined under 5 U.S.C.
            105;
                (2) includes a military department, as defined under
            section 102 of such title, the Postal Service, and the Postal
            Regulatory Commission; and
                (3) shall not include the Government Accountability Office.
        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
    effort and a reasonable proportion of such employee's time in the
    performance of official duties.
        Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.
        Sec. 723.  Notwithstanding any other provision of law, a woman may
    breastfeed her child at any location in a Federal building or on
    Federal property, if the woman and her child are otherwise authorized
    to be present at the location.
        Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of specific
    projects, workshops, studies, and similar efforts to carry out the
    purposes of the National Science and Technology Council (authorized by
    Executive Order No. 12881), which benefit multiple Federal departments,
    agencies, or entities: Provided, That the Office of Management and
    Budget (OMB) shall provide a report describing the budget of and
    resources connected with the National Science and Technology Council to
    the Committees on Appropriations, the House Committee on Science and
    Technology, and the Senate Committee on Commerce, Science, and
    Transportation 90 days after enactment of this Act.
        Sec. 725.  Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided: Provided, That this provision
    shall apply to direct payments, formula funds, and grants received by a
    State receiving Federal funds.
        Sec. 726. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--
                (1) to collect, review, or create any aggregation of data,
            derived from any means, that includes any personally
            identifiable information relating to an individual's access to
            or use of any Federal Government Internet site of the agency;
            or
                (2) to enter into any agreement with a third party
            (including another government agency) to collect, review, or
            obtain any aggregation of data, derived from any means, that
            includes any personally identifiable information relating to an
            individual's access to or use of any nongovernmental Internet
            site.
        (b) Exceptions.--The limitations established in subsection (a)
    shall not apply to--
                (1) any record of aggregate data that does not identify
            particular persons;
                (2) any voluntary submission of personally identifiable
            information;
                (3) any action taken for law enforcement, regulatory, or
            supervisory purposes, in accordance with applicable law; or
                (4) any action described in subsection (a)(1) that is a
            system security action taken by the operator of an Internet
            site and is necessarily incident to providing the Internet site
            services or to protecting the rights or property of the
            provider of the Internet site.
        (c) Definitions.--For the purposes of this section:
                (1) The term ``regulatory'' means agency actions to
            implement, interpret or enforce authorities provided in law.
                (2) The term ``supervisory'' means examinations of the
            agency's supervised institutions, including assessing safety
            and soundness, overall financial condition, management
            practices and policies and compliance with applicable standards
            as provided in law.
        Sec. 727. (a) None of the funds appropriated by this Act may be
    used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.
        (b) Nothing in this section shall apply to a contract with--
                (1) any of the following religious plans:
                        (A) Personal Care's HMO; and
                        (B) OSF HealthPlans, Inc.; and
                (2) any existing or future plan, if the carrier for the
            plan objects to such coverage on the basis of religious
            beliefs.
        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing in this section shall be construed to require coverage
    of abortion or abortion-related services.
        Sec. 728.  The Congress of the United States recognizes the United
    States Anti-Doping Agency (USADA) as the official anti-doping agency
    for Olympic, Pan American, and Paralympic sport in the United States.
        Sec. 729.  Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies
    may be used by such departments and agencies, if consistent with OMB
    Circular A-126 regarding official travel for Government personnel, to
    participate in the fractional aircraft ownership pilot program.
        Sec. 730.  Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of OPM to add sections 300.311
    through 300.316 to part 300 of title 5 of the Code of Federal
    Regulations, published in the Federal Register, volume 68, number 174,
    on September 9, 2003 (relating to the detail of executive branch
    employees to the legislative branch).
        Sec. 731.  Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations,
    except that the Federal Law Enforcement Training Center is authorized
    to obtain the temporary use of additional facilities by lease,
    contract, or other agreement for training which cannot be accommodated
    in existing Center facilities.
        Sec. 732. (a) For fiscal year 2011, no funds shall be available for
    transfers or reimbursements to the E-Government initiatives sponsored
    by OMB prior to 15 days following submission of a report to the
    Committees on Appropriations by the Director of OMB and receipt of
    approval to transfer funds by the Committees on Appropriations.
        (b) The report in subsection (a) and other required justification
    materials shall include at a minimum--
                (1) a description of each initiative including but not
            limited to its objectives, benefits, development status, risks,
            cost effectiveness (including estimated net costs or savings to
            the government), and the estimated date of full operational
            capability;
                (2) the total development cost of each initiative by fiscal
            year including costs to date, the estimated costs to complete
            its development to full operational capability, and estimated
            annual operations and maintenance costs; and
                (3) the sources and distribution of funding by fiscal year
            and by agency and bureau for each initiative including agency
            contributions to date and estimated future contributions by
            agency.
        (c) No funds shall be available for obligation or expenditure for
    new E-Government initiatives without the explicit approval of the
    Committees on Appropriations.
        Sec. 733.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act and any other provision of law, the head of each appropriate
    executive department and agency shall transfer to or reimburse the
    United States Fish and Wildlife Service, upon the direction of the
    Director of OMB, funds made available by this or any other Act for the
    purposes described below, and shall submit budget requests for such
    purposes. These funds shall be administered by the U.S. Fish and
    Wildlife Service, in consultation with the appropriate interagency
    groups designated by the Director and shall be used to ensure the
    uninterrupted, continuous operation of the Midway Atoll Airfield by the
    U.S. Fish and Wildlife Service pursuant to an operational agreement
    with the Federal Aviation Administration for the entirety of fiscal
    year 2011 and any period thereafter that precedes the enactment of the
    Financial Services and General Government Appropriations Act, 2012. The
    Director of OMB shall mandate the necessary transfers after determining
    an equitable allocation between the appropriate executive departments
    and agencies of the responsibility for funding the continuous operation
    of the Midway Atoll Airfield based on, but not limited to, potential
    use, interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
    sums shall be sufficient to ensure continued operation of the airfield
    throughout the period cited above. Funds shall be available for
    operation of the airfield or airfield-related capital upgrades. The
    Director of OMB shall notify the Committees on Appropriations of such
    transfers or reimbursements within 15 days of this Act. Such transfers
    or reimbursements shall begin within 30 days of enactment of this Act.
        Sec. 734.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used to begin or announce a
    study or public-private competition regarding the conversion to
    contractor performance of any function performed by Federal employees
    pursuant to OMB Circular A-76 or any other administrative regulation,
    directive, or policy.
        Sec. 735.  Unless otherwise authorized by existing law, none of the
    funds provided in this Act or any other Act may be used by an executive
    branch agency to produce any prepackaged news story intended for
    broadcast or distribution in the United States, unless the story
    includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.
        Sec. 736.  None of the funds made available in this Act may be used
    in contravention of 5 U.S.C. 552a (popularly known as the Privacy Act)
    and regulations implementing that section.
        Sec. 737.  Each executive department and agency shall evaluate the
    creditworthiness of an individual before issuing the individual a
    government travel charge card. Such evaluations for individually billed
    travel charge cards shall include an assessment of the individual's
    consumer report from a consumer reporting agency as those terms are
    defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
    508): Provided, That the department or agency may not issue a
    government travel charge card to an individual that either lacks a
    credit history or is found to have an unsatisfactory credit history as
    a result of this evaluation: Provided further, That this restriction
    shall not preclude issuance of a restricted-use charge, debit, or
    stored value card made in accordance with agency procedures to: (1) an
    individual with an unsatisfactory credit history where such card is
    used to pay travel expenses and the agency determines there is no
    suitable alternative payment mechanism available before issuing the
    card; or (2) an individual who lacks a credit history. Each executive
    department and agency shall establish guidelines and procedures for
    disciplinary actions to be taken against agency personnel for improper,
    fraudulent, or abusive use of government charge cards, which shall
    include appropriate disciplinary actions for use of charge cards for
    purposes, and at establishments, that are inconsistent with the
    official business of the Department or agency or with applicable
    standards of conduct.
        Sec. 738. (a) Definitions.--For purposes of this section the
    following definitions apply:
                (1) Great lakes.--The terms ``Great Lakes'' and ``Great
            Lakes State'' have the same meanings as such terms have in
            section 506 of the Water Resources Development Act of 2000 (42
            U.S.C. 1962d-22).
                (2) Great lakes restoration activities.--The term ``Great
            Lakes restoration activities'' means any Federal or State
            activity primarily or entirely within the Great Lakes watershed
            that seeks to improve the overall health of the Great Lakes
            ecosystem.
        (b) Report.--Not later than 45 days after submission of the budget
    of the President to Congress, the Director of OMB, in coordination with
    the Governor of each Great Lakes State and the Great Lakes Interagency
    Task Force, shall submit to the appropriate authorizing and
    appropriating committees of the Senate and the House of Representatives
    a financial report, certified by the Secretary of each agency that has
    budget authority for Great Lakes restoration activities, containing--
                (1) an interagency budget crosscut report that--
                        (A) displays the budget proposed, including any
                    planned interagency or intra-agency transfer, for each
                    of the Federal agencies that carries out Great Lakes
                    restoration activities in the upcoming fiscal year,
                    separately reporting the amount of funding to be
                    provided under existing laws pertaining to the Great
                    Lakes ecosystem; and
                        (B) identifies all expenditures since fiscal year
                    2004 by the Federal Government and State governments
                    for Great Lakes restoration activities;
                (2) a detailed accounting of all funds received and
            obligated by all Federal agencies and, to the extent available,
            State agencies using Federal funds, for Great Lakes restoration
            activities during the current and previous fiscal years;
                (3) a budget for the proposed projects (including a
            description of the project, authorization level, and project
            status) to be carried out in the upcoming fiscal year with the
            Federal portion of funds for activities; and
                (4) a listing of all projects to be undertaken in the
            upcoming fiscal year with the Federal portion of funds for
            activities.
        Sec. 739. (a) In General.--None of the funds appropriated or
    otherwise made available by this or any other Act may be used for any
    Federal Government contract with any foreign incorporated entity which
    is treated as an inverted domestic corporation under section 835(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
    of such an entity.
        (b) Waivers.--
                (1) In general.--Any Secretary shall waive subsection (a)
            with respect to any Federal Government contract under the
            authority of such Secretary if the Secretary determines that
            the waiver is required in the interest of national security.
                (2) Report to congress.--Any Secretary issuing a waiver
            under paragraph (1) shall report such issuance to Congress.
        (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.
        Sec. 740.  None of the funds made available by this or any other
    Act may be used to implement, administer, enforce, or apply the rule
    entitled ``Competitive Area'' published by OPM in the Federal Register
    on April 15, 2008 (73 Fed. Reg. 20180 et seq.).
        Sec. 741.  Section 743 of the Consolidated Appropriations Act, 2010
    (Public Law 111-117; 31 U.S.C. 501 note) is amended--
                (1) in subsection (a)(3), by inserting after ``exercise of
            an option'' the following: ``, and task orders issued under any
            such contract,'';
                (2) in subsection (a)(3)(G), by inserting before the period
            at the end the following: ``, using direct labor hours and
            associated cost data collected from contractors'';
                (3) in subsection (e)(2)(B), by striking the text and
            inserting the following: ``the contracts exclude to the maximum
            extent practicable functions that are closely associated with
            inherently governmental functions;''; and
                (4) by redesignating subsections (h) and (i) as subsections
            (i) and (j) and by inserting after subsection (g) the following
            new subsection:
        ``(h) Submission of Report on Actions Taken Before Public-private
    Competition May Occur.--An executive agency may not begin, plan for, or
    announce a study or public-private competition regarding the conversion
    to contractor performance of any function performed by Federal
    employees pursuant to OMB Circular A-76 or any other administrative
    regulation or directive until after that agency has submitted to OMB a
    report, pursuant to subsection (f), that includes actions taken to
    convert from contractor to Federal employee performance functions that
    are not inherently governmental, closely associated with governmental
    functions, critical, or should not otherwise be reserved for
    performance by Federal employees. This subsection shall take effect
    beginning with the report required under subsection (f) that is
    included as an attachment to the annual inventory due by December 31,
    2011.''.
        Sec. 742. (a) The Vice President may not receive a pay rate
    increase in calendar year 2011, notwithstanding 3 U.S.C. 104 or any
    other provision of law.
        (b) An individual serving in an Executive Schedule position, or in
    a position for which the rate of pay is fixed by statute at an
    Executive Schedule rate, may not receive a pay rate increase in
    calendar year 2011, notwithstanding schedule adjustments made under 5
    U.S.C. 5318, or any other provision of law, except as provided in
    subsection (g) or (h). The preceding sentence applies only to
    individuals who are holding a position in which they serve at the
    pleasure of the President or other appointing official.
        (c) A chief of mission or ambassador at large may not receive a pay
    rate increase in calendar year 2011, notwithstanding section 401 of the
    Foreign Service Act of 1980 (Public Law 96-465) or any other provision
    of law, except as provided in subsection (g) or (h).
        (d) A noncareer appointee in the Senior Executive Service may not
    receive a pay rate increase in calendar year 2011, notwithstanding
    sections 5382 and 5383 of title 5, U.S.C.
        (e) Any employee paid a rate of basic pay (including locality-based
    payments under 5 U.S.C. 5304 or similar authority) at or above level IV
    of the Executive Schedule who serves at the pleasure of the appointing
    official may not receive a pay rate increase in calendar year 2011,
    notwithstanding any other provision of law, except as provided in
    subsection (g) or (h). This subsection does not apply to employees in
    the General Schedule pay system or the Foreign Service pay system, or
    to employees appointed under 5 U.S.C. 3161, or to employees in another
    pay system whose position would be classified at GS-15 or below if
    chapter 51 of title 5, U.S.C., applied to them.
        (f) Nothing in this section shall prevent employees who do not
    serve at the pleasure of the appointing official from receiving pay
    increases as otherwise provided under applicable law.
        (g) A career appointee in the Senior Executive Service who receives
    a Presidential appointment and who makes an election to retain Senior
    Executive Service basic pay entitlements under 5 U.S.C. 3392, is not
    subject to this section.
        (h) A member of Senior Foreign Service who receives a Presidential
    appointment to any position in the executive branch and who makes an
    election to retain Senior Foreign Service pay entitlements under
    section 302(b)of the Foreign Service Act of 1980 (Public Law 96-465) is
    not subject to this section.
        Sec. 743.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in any title other than title IV or VIII shall
    not apply to such title IV or VIII.
        Sec. 744. (a) Study.--The Comptroller General of the United States
    shall conduct a study of the feasibility of allowing agencies of the
    Federal Government to impose convenience fees for the use of credit
    cards for the purchase of goods or services by individuals or
    businesses from Federal agencies, where such convenience fees would be
    designed to recover the cost to the Federal agency of accepting credit
    card payments.
        (b) Considerations.--In conducting the study required by subsection
    (a), the Comptroller General shall take into consideration--
                (1) the impact of convenience fees on consumers;
                (2) the extent to which convenience fees would affect the
            ability of smaller financial institutions and credit unions to
            offer basic banking and other services, as well as compete
            against larger financial institutions; and
                (3) the impact of convenience fees on Federal agencies and
            departments.
        (c) Report.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General shall submit a report to Congress on
    the results of the study required by this section.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                         (including transfer of funds)

        Sec. 801.  Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 802.  Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor, or, in the case of the Council of the District
    of Columbia, funds may be expended with the authorization of the
    Chairman of the Council.
        Sec. 803.  There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government.
        Sec. 804. (a) None of the Federal funds provided in this Act shall
    be used for publicity or propaganda purposes or implementation of any
    policy including boycott designed to support or defeat legislation
    pending before Congress or any State legislature.
        (b) The District of Columbia may use local funds provided in this
    title to carry out lobbying activities on any matter.
        Sec. 805. (a) None of the Federal funds provided under this Act to
    the agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2011, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditures
    for an agency through a reprogramming of funds which--
                (1) creates new programs;
                (2) eliminates a program, project, or responsibility
            center;
                (3) establishes or changes allocations specifically denied,
            limited or increased under this Act;
                (4) increases funds or personnel by any means for any
            program, project, or responsibility center for which funds have
            been denied or restricted;
                (5) re-establishes any program or project previously
            deferred through reprogramming;
                (6) augments any existing program, project, or
            responsibility center through a reprogramming of funds in
            excess of $3,000,000 or 10 percent, whichever is less; or
                (7) increases by 20 percent or more personnel assigned to a
            specific program, project or responsibility center,
    unless the Committees on Appropriations are notified in writing 15 days
    in advance of the reprogramming.
        (b) The District of Columbia government is authorized to approve
    and execute reprogramming and transfer requests of local funds under
    this title through November 1, 2011.
        Sec. 806.  Consistent with the provisions of 31 U.S.C. 1301(a),
    appropriations under this Act shall be applied only to the objects for
    which the appropriations were made except as otherwise provided by law.
        Sec. 807.  None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 808.  Except as otherwise provided in this section, none of
    the funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only
    in the performance of the officer's or employee's official duties. For
    purposes of this section, the term ``official duties'' does not include
    travel between the officer's or employee's residence and workplace,
    except in the case of--
                (1) an officer or employee of the Metropolitan Police
            Department who resides in the District of Columbia or a
            District of Columbia government employee as may otherwise be
            designated by the Chief of the Department;
                (2) at the discretion of the Fire Chief, an officer or
            employee of the District of Columbia Fire and Emergency Medical
            Services Department who resides in the District of Columbia and
            is on call 24 hours a day or is otherwise designated by the
            Fire Chief;
                (3) at the discretion of the Director of the Department of
            Corrections, an officer or employee of the District of Columbia
            Department of Corrections who resides in the District of
            Columbia and is on call 24 hours a day or is otherwise
            designated by the Director;
                (4) the Mayor of the District of Columbia; and
                (5) the Chairman of the Council of the District of
            Columbia.
        Sec. 809. (a) None of the Federal funds contained in this Act may
    be used by the District of Columbia Attorney General or any other
    officer or entity of the District government to provide assistance for
    any petition drive or civil action which seeks to require Congress to
    provide for voting representation in Congress for the District of
    Columbia.
        (b) Nothing in this section bars the District of Columbia Attorney
    General from reviewing or commenting on briefs in private lawsuits, or
    from consulting with officials of the District government regarding
    such lawsuits.
        Sec. 810.  None of the Federal funds contained in this Act may be
    used to distribute any needle or syringe for the purpose of preventing
    the spread of blood borne pathogens in any location that has been
    determined by the local public health or local law enforcement
    authorities to be inappropriate for such distribution.
        Sec. 811.  Nothing in this Act may be construed to prevent the
    Council or Mayor of the District of Columbia from addressing the issue
    of the provision of contraceptive coverage by health insurance plans,
    but it is the intent of Congress that any legislation enacted on such
    issue should include a ``conscience clause'' which provides exceptions
    for religious beliefs and moral convictions.
        Sec. 812.  The Mayor of the District of Columbia shall submit to
    the Committees on Appropriations, the House Committee on Oversight and
    Government Reform, and the Senate Committee on Homeland Security and
    Governmental Affairs annual reports addressing--
                (1) crime, including the homicide rate, implementation of
            community policing, the number of police officers on local
            beats, and the closing down of open-air drug markets;
                (2) access to substance and alcohol abuse treatment,
            including the number of treatment slots, the number of people
            served, the number of people on waiting lists, and the
            effectiveness of treatment programs, the retention rates in
            treatment programs, and the recidivism/re-arrest rates for
            treatment participants;
                (3) management of parolees and pre-trial violent offenders,
            including the number of halfway houses escapes and steps taken
            to improve monitoring and supervision of halfway house
            residents to reduce the number of escapes to be provided in
            consultation with the Court Services and Offender Supervision
            Agency for the District of Columbia;
                (4) education, including access to special education
            services and student achievement to be provided in consultation
            with the District of Columbia Public Schools and the District
            of Columbia public charter schools, repeated grade rates, high
            school graduation rates, post-secondary education attendance
            rates, and teen pregnancy rates;
                (5) improvement in basic District services, including rat
            control and abatement;
                (6) application for and management of Federal grants,
            including the number and type of grants for which the District
            was eligible but failed to apply and the number and type of
            grants awarded to the District but for which the District
            failed to spend the amounts received;
                (7) indicators of child and family well-being including
            child living arrangements by family structure, number of
            children aging out of foster care, poverty rates by family
            structure, crime by family structure, marriage rates by income
            quintile, and out-of-wedlock births; and
                (8) employment, including job status and participation in
            assistance programs by income, education and family structure.
        Sec. 813.  None of the Federal funds contained in this Act may be
    used to enact or carry out any law, rule, or regulation to legalize or
    otherwise reduce penalties associated with the possession, use, or
    distribution of any schedule I substance under the Controlled
    Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
    derivative.
        Sec. 814.  None of the Federal funds appropriated under this Act
    shall be expended for any abortion except where the life of the mother
    would be endangered if the fetus were carried to term or where the
    pregnancy is the result of an act of rape or incest.
        Sec. 815. (a) No later than 30 calendar days after the date of the
    enactment of this Act, the Chief Financial Officer for the District of
    Columbia shall submit to the appropriate committees of Congress, the
    Mayor, and the Council of the District of Columbia, a revised
    appropriated funds operating budget in the format of the budget that
    the District of Columbia government submitted pursuant to section 442
    of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
    204.42), for all agencies of the District of Columbia government for
    fiscal year 2011 that is in the total amount of the approved
    appropriation and that realigns all budgeted data for personal services
    and other-than-personal services, respectively, with anticipated actual
    expenditures.
        (b) This section shall apply only to an agency for which the Chief
    Financial Officer for the District of Columbia certifies that a
    reallocation is required to address unanticipated changes in program
    requirements.
        Sec. 816.  No later than 30 calendar days after the date of the
    enactment of this Act, the Chief Financial Officer for the District of
    Columbia shall submit to the appropriate committees of Congress, the
    Mayor, and the Council for the District of Columbia, a revised
    appropriated funds operating budget for the District of Columbia Public
    Schools that aligns schools budgets to actual enrollment. The revised
    appropriated funds budget shall be in the format of the budget that the
    District of Columbia government submitted pursuant to section 442 of
    the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
    204.42).
        Sec. 817.  Amounts appropriated in this Act as operating funds may
    be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred, shall retain appropriation
    authority consistent with the provisions of this Act.
        Sec. 818.  Notwithstanding any other laws, for this and succeeding
    fiscal years, the Director of the District of Columbia Public Defender
    Service shall, to the extent the Director considers appropriate,
    provide representation for and hold harmless, or provide liability
    insurance for, any person who is an employee, member of the Board of
    Trustees, or officer of the District of Columbia Public Defender
    Service for money damages arising out of any claim, proceeding, or case
    at law relating to the furnishing of representational services or
    management services or related services while acting within the scope
    of that person's office or employment, including, but not limited to
    such claims, proceedings, or cases at law involving employment actions,
    injury, loss of liberty, property damage, loss of property, or personal
    injury, or death arising from malpractice or negligence of any such
    officer or employee.
        Sec. 819.  Section 346 of the District of Columbia Appropriations
    Act, 2005 (Public Law 108-335) is amended--
                (1) in the title, by striking ``Biennial'';
                (2) in subsection (a), by striking ``Biennial management''
            and inserting ``Management'';
                (3) in subsection (a), by striking ``States.'' and
            inserting ``States every five years.''; and
                (4) in subsection (b)(6), by striking ``2'' and inserting
            ``5''.
        Sec. 820.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2011''.

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

                                    TITLE I

                     DEPARTMENTAL MANAGEMENT AND OPERATIONS

                Office of the Secretary and Executive Management

        For necessary expenses of the Office of the Secretary of Homeland
    Security, as authorized by section 102 of the Homeland Security Act of
    2002 (6 U.S.C. 112), and executive management of the Department of
    Homeland Security, as authorized by law, $150,126,000: Provided, That
    not to exceed $55,000 shall be for official reception and
    representation expenses, of which $15,000 shall be made available to
    the Office of Policy for Visa Waiver Program negotiations in
    Washington, DC, and for other international activities: Provided
    further, That all official costs associated with the use of Government
    aircraft by Department of Homeland Security personnel to support
    official travel of the Secretary and the Deputy Secretary shall be paid
    from amounts made available for the Immediate Office of the Secretary
    and the Immediate Office of the Deputy Secretary: Provided further,
    That $25,000,000 shall not be available for obligation until the
    Secretary submits to the Committees on Appropriations of the Senate and
    the House of Representatives: (1) an expenditure plan for the Office of
    Policy for fiscal year 2011; and (2) a comprehensive plan to initiate
    implementation of a biometric air exit capability in fiscal year 2011,
    or a written certification to the Congress that it is the position of
    the Administration that the statutory requirements for biometric air
    exit be repealed.

                  Office of the Under Secretary for Management

        For necessary expenses of the Office of the Under Secretary for
    Management, as authorized by sections 701 through 705 of the Homeland
    Security Act of 2002 (6 U.S.C. 341 through 345), $242,233,000, of which
    not less than $500,000 shall be for logistics training; and of which
    not to exceed $3,000 shall be for official reception and representation
    expenses: Provided, That of the total amount made available under this
    heading, $5,000,000 shall remain available until expended solely for
    the alteration and improvement of facilities, tenant improvements, and
    relocation costs to consolidate Department headquarters operations at
    the Nebraska Avenue Complex; and $14,641,000 shall remain available
    until expended for the Human Resources Information Technology program.

                     Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial
    Officer, as authorized by section 103 of the Homeland Security Act of
    2002 (6 U.S.C. 113), $64,480,000, of which $11,000,000 shall remain
    available until expended for financial systems consolidation efforts.

                    Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, as authorized by section 103 of the Homeland Security Act of
    2002 (6 U.S.C. 113), and Department-wide technology investments,
    $375,359,000; of which $82,727,000 shall be available for salaries and
    expenses; and of which $292,632,000, to remain available until
    expended, shall be available for development and acquisition of
    information technology equipment, software, services, and related
    activities for the Department of Homeland Security: Provided, That of
    the total amount appropriated, not less than $83,948,000 shall be
    available for data center development, of which not less than
    $27,730,000 shall be available for power capabilities upgrades and
    facility construction projects at Data Center One (National Center for
    Critical Information Processing and Storage): Provided further, That
    the Chief Information Officer shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives, not more
    than 60 days after the date of enactment of this Act, an expenditure
    plan for all information technology acquisition projects that: (1) are
    funded under this heading; or (2) are funded by multiple components of
    the Department of Homeland Security through reimbursable agreements:
    Provided further, That such expenditure plan shall include each
    specific project funded, key milestones, all funding sources for each
    project, details of annual and lifecycle costs, and projected cost
    savings or cost avoidance to be achieved by the project: Provided
    further, That $75,000,000 shall not be available for obligation until
    the submission of the expenditure plan to the Committees on
    Appropriations of the Senate and the House of Representatives.

                            Analysis and Operations

        For necessary expenses for intelligence analysis and operations
    coordination activities, as authorized by title II of the Homeland
    Security Act of 2002 (6 U.S.C. 121 et seq.), $340,000,000, of which not
    to exceed $5,000 shall be for official reception and representation
    expenses; and of which $53,975,000 shall remain available until
    September 30, 2012: Provided, That $20,000,000 shall be withheld from
    obligation until an expenditure plan for the Office of Intelligence and
    Analysis is received by the Committees on Appropriations of the Senate
    and House of Representatives: Provided further, That none of the funds
    provided in this or any other Act shall be available to commence
    operations of the National Immigration Information Sharing Operation or
    any follow-on entity until the Secretary certifies that such program
    complies with all existing laws, including all applicable privacy and
    civil liberties standards; the Comptroller General of the United States
    notifies the Committees on Appropriations of the Senate and the House
    of Representatives and the Secretary that the Comptroller has reviewed
    such certification; and the Secretary notifies the Committees on
    Appropriations of the Senate and the House of Representatives of all
    funds to be expended on operations of the National Immigration
    Information Sharing Operation or any follow-on entity pursuant to
    section 503 of this Act: Provided further, That none of the funds
    provided under this heading may be obligated to create or operate a new
    program management office or similar organization or entity to oversee
    the State and Local Fusion Center program until the Committees on
    Appropriations of the Senate and House of Representatives receive a
    notification pursuant to section 503 of this Act that describes the
    purpose, management goals, implementation timeline, budget, and funding
    sources for any proposed new office, organization, or entity.

                          Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $115,806,000, of which not to exceed $300,000 may be used
    for certain confidential operational expenses, including the payment of
    informants, to be expended at the direction of the Inspector General.

                                    TITLE II

                   SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                       U.S. Customs and Border Protection

                             salaries and expenses

        For necessary expenses for enforcement of laws relating to border
    security, immigration, customs, agricultural inspections and regulatory
    activities related to plant and animal imports, and transportation of
    unaccompanied minor aliens; purchase and lease of up to 8,000 (7,000
    for replacement only) police-type vehicles; and contracting with
    individuals for personal services abroad; $8,239,377,000, of which
    $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
    administrative expenses related to the collection of the Harbor
    Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
    Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
    1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
    of which not to exceed $45,000 shall be for official reception and
    representation expenses; of which not less than $311,052,000 shall be
    for Air and Marine Operations; of which such sums as become available
    in the Customs User Fee Account, except sums subject to section
    13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
    1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of
    which not to exceed $150,000 shall be available for payment for rental
    space in connection with preclearance operations; and of which not to
    exceed $1,000,000 shall be for awards of compensation to informants, to
    be accounted for solely under the certificate of the Secretary of
    Homeland Security: Provided, That for fiscal year 2011, the overtime
    limitation prescribed in section 5(c)(1) of the Act of February 13,
    1911 (19 U.S.C. 267(c)(1)) shall be $35,000, and notwithstanding any
    other provision of law, none of the funds appropriated by this Act may
    be available to compensate any employee of U.S. Customs and Border
    Protection for overtime, from whatever source, in an amount that
    exceeds such limitation, except in individual cases determined by the
    Secretary of Homeland Security, or the designee of the Secretary, to be
    necessary for national security purposes, to prevent excessive costs,
    or in cases of immigration emergencies: Provided further, That of the
    total amount provided, $1,700,000 shall remain available until
    September 30, 2012, for the Global Advanced Passenger Information/
    Passenger Name Record Program: Provided further, That the Border Patrol
    shall maintain an active duty presence of not less than 20,500 full-
    time equivalent agents protecting the borders of the United States
    throughout the fiscal year.

                            automation modernization

        For expenses for U.S. Customs and Border Protection automated
    systems, $347,575,000, to remain available until expended, of which not
    less than $153,090,000 shall be for the development of the Automated
    Commercial Environment: Provided, That not later than 30 days after the
    date of enactment of this Act, the Commissioner of U.S. Customs and
    Border Protection shall submit to the Committees on Appropriations of
    the Senate and the House of Representatives a report on the results to
    date of, and plans for completing, the Automated Commercial Environment
    program.

            border security fencing, infrastructure, and technology

        For expenses for border security fencing, infrastructure, and
    technology, $574,173,000, to remain available until expended: Provided,
    That of the total amount made available under this heading, $75,000,000
    shall not be obligated until the Committees on Appropriations of the
    Senate and the House of Representatives receive and approve a plan for
    expenditure, prepared by the Commissioner of U.S. Customs and Border
    Protection, reviewed by the Government Accountability Office, and
    submitted not later than 90 days after the date of the enactment of
    this Act, for a program to establish and maintain a security barrier
    along the borders of the United States, of fencing and vehicle barriers
    where practicable, and of other forms of tactical infrastructure and
    technology, that meets the statutory conditions specified under this
    heading in Public Law 111-83 and which may cite by reference previous
    expenditure plans and supporting documentation previously submitted to
    the Committees: Provided further, That at least 15 days before the
    award of any task order requiring an obligation of funds in an amount
    greater than $25,000,000 and before the award of a task order that
    would cause cumulative obligations of funds to exceed 50 percent of the
    total amount appropriated under this heading, the Commissioner of U.S.
    Customs and Border Protection shall report to the Committees on
    Appropriations of the Senate and the House of Representatives on the
    progress of the program, and obligations and expenditures for all
    outstanding task orders awarded under the program, and specific
    objectives to be achieved through the award of current and remaining
    task orders planned for the balance of available appropriations for the
    program:  Provided further, That none of the funds made available under
    this heading may be obligated unless the Department has complied with
    section 102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (8 U.S.C. 1103 note), and the Secretary
    certifies such to the Committees on Appropriations of the Senate and
    the House of Representatives: Provided further, That none of the funds
    made available under this heading may be obligated for any project or
    activity for which the Secretary has exercised waiver authority
    pursuant to section 102(c) of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 days
    have elapsed from the date of the publication in the Federal Register
    of the decision to exercise that authority.

     air and marine interdiction, operations, maintenance, and procurement

        For necessary expenses for the operations, maintenance, and
    procurement of marine vessels, aircraft, unmanned aircraft systems, and
    other related equipment of the air and marine program, including
    operational training and mission-related travel; the interdiction of
    narcotics and other goods; the provision of support to Federal, State,
    and local agencies in the enforcement or administration of laws
    enforced by the Department; and at the discretion of the Secretary of
    Homeland Security, the provision of assistance to Federal, State, and
    local agencies in other law enforcement and emergency humanitarian
    efforts, $511,751,000, to remain available until expended: Provided,
    That no aircraft or other related equipment, with the exception of
    aircraft that are one of a kind and have been identified as excess to
    U.S. Customs and Border Protection requirements and aircraft that have
    been damaged beyond repair, shall be transferred to any other Federal
    agency, department, or office outside of the Department in fiscal year
    2011 without the prior approval of the Committees on Appropriations of
    the Senate and the House of Representatives.

                     construction and facilities management

        For necessary expenses to plan, acquire, construct, renovate,
    equip, and maintain buildings and facilities necessary for the
    administration and enforcement of the laws relating to customs,
    immigration, and border security, $282,740,000, to remain available
    until expended; of which $4,000,000 shall be for constructing and
    equipping the Advanced Training Center: Provided, That for fiscal year
    2012 and hereafter, the annual budget submission of U.S. Customs and
    Border Protection for ``Construction and Facilities Management'' shall,
    in consultation with the General Services Administration, include a
    detailed 5-year plan for all Federal land border port of entry projects
    with a yearly update of total projected future funding needs delineated
    by land port of entry.

                    U.S. Immigration and Customs Enforcement

                             salaries and expenses

                         (including transfer of funds)

        For the necessary expenses to conduct investigations of criminal
    violations of Federal law relating to border security, customs and
    trade, immigration and naturalization, intellectual property rights,
    and travel and transportation; for the civil enforcement of immigration
    and customs laws, including the detention and removal of immigration
    status violators; and for the purchase and lease of up to 3,790 (2,350
    for replacement only) police-type vehicles, $5,508,555,000, of which
    not less than $250,000,000 shall be for activities to investigate
    violations of immigration and customs laws along the Southwest border
    of the United States, including Border Enforcement Security Task Force
    operations and Law Enforcement Agency Response Teams; of which not less
    than $120,000,000 shall be for activities to investigate cyber crimes
    and child exploitation offenses, including sex trafficking, child
    pornography, child sex tourism, and promotion of public awareness of
    the child pornography tipline; of which $15,770,000 shall be for
    activities in fiscal year 2011 to enforce laws against forced child
    labor, of which $6,000,000 shall be available until expended; of which
    not to exceed $10,000,000 shall be available until expended for
    conducting special operations under section 3131 of the Customs
    Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed
    $2,000,000 shall be for awards of compensation to informants, to be
    accounted for solely under the certificate of the Secretary of Homeland
    Security; of which not to exceed $11,216,000 shall be available to fund
    or reimburse other Federal agencies for the costs associated with the
    care, maintenance, and repatriation of smuggled aliens unlawfully
    present in the United States; of which not to exceed $15,000 shall be
    for official reception and representation expenses: Provided, That none
    of the funds made available under this heading shall be available to
    compensate any employee for overtime in an annual amount in excess of
    $35,000, except that the Secretary, or the designee of the Secretary,
    may waive that amount as necessary for national security purposes and
    in cases of immigration emergencies: Provided further, That of the
    total amount made available under this heading, not less than
    $2,000,000,000 shall be available to identify aliens convicted of a
    crime who may be deportable, and to remove them from the United States
    once they are judged deportable: Provided further, That the Secretary,
    or the designee of the Secretary, shall report to the Committees on
    Appropriations of the Senate and the House of Representatives, not
    later than 45 days after the end of each quarter of the fiscal year, on
    progress in implementing the preceding proviso and the funds obligated
    during that quarter to make that progress: Provided further, That the
    Secretary shall prioritize the identification and removal of aliens
    convicted of a crime by the severity of that crime: Provided further,
    That not less than $5,400,000 shall be used to facilitate agreements
    consistent with section 287(g) of the Immigration and Nationality Act
    (8 U.S.C. 1357(g)): Provided further, That none of the funds under this
    heading may be used to continue a delegation of law enforcement
    authority authorized under section 287(g) of the Immigration and
    Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
    Security Inspector General determines that the terms of the agreement
    governing the delegation of authority have been violated: Provided
    further, That of the total amount provided, not less than
    $2,583,021,000 is for detention and removal operations, including
    transportation of unaccompanied alien minors: Provided further, That
    funding made available under this heading shall maintain a level of not
    less than 33,400 detention beds through September 30, 2011: Provided
    further, That none of the funds made available under this heading may
    be used to continue any contract for the provision of detention
    services if the two most recent overall performance evaluations
    received by the contracted facility are less than ``adequate'' or the
    equivalent median score in any subsequent performance evaluation
    system: Provided further, That nothing under this heading shall prevent
    U.S. Immigration and Customs Enforcement from exercising those
    authorities provided under immigration laws (as defined in section
    101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(17))) during priority operations pertaining to aliens convicted
    of a crime: Provided further, That none of the funds provided under
    this heading may be obligated to collocate field offices of U.S.
    Immigration and Customs Enforcement until the Secretary submits to the
    Committees on Appropriations of the Senate and the House of
    Representatives a plan for the nationwide implementation of the
    Alternatives to Detention program that identifies: (1) how funding made
    available by this Act will be used to expand the Alternatives to
    Detention program; (2) the date by which the Secretary will achieve
    nationwide implementation of the Alternatives to Detention program; and
    (3) the milestones the Secretary will establish to measure progress
    toward achieving nationwide implementation of the Alternatives to
    Detention program: Provided further, That of the total amount provided
    for the purposes of identifying aliens convicted of a crime who may be
    deportable, and removing them from the United States once they are
    judged deportable, $259,825,000 shall remain available until September
    30, 2012, of which up to $30,625,000 may be available for transfer to
    U.S. Immigration and Customs Enforcement ``Automation Modernization''
    for information technology investments associated with these purposes:
    Provided further, That of the total amount provided, $7,300,000 shall
    remain available until September 30, 2012, for the Visa Security
    Program.

                            automation modernization

        For expenses of immigration and customs enforcement automated
    systems, $84,700,000, to remain available until expended: Provided,
    That of the funds made available under this heading, $10,000,000 shall
    not be obligated until the Committees on Appropriations of the Senate
    and the House of Representatives receive an expenditure plan prepared
    by the Assistant Secretary of U.S. Immigration and Customs Enforcement.

                     Transportation Security Administration

                               aviation security

        For necessary expenses of the Transportation Security
    Administration related to providing civil aviation security services
    pursuant to the Aviation and Transportation Security Act (Public Law
    107-71), $5,452,037,000, to remain available until September 30, 2012,
    of which not to exceed $10,000 shall be for official reception and
    representation expenses: Provided, That of the total amount made
    available under this heading, not to exceed $4,363,000,000 shall be for
    screening operations, of which $643,325,000 shall be available for
    explosives detection systems; and not to exceed $1,089,037,000 shall be
    for aviation security direction and enforcement: Provided further, That
    of the amount made available in the preceding proviso for explosives
    detection systems, $320,000,000 shall be available for the purchase and
    installation of these systems, of which not less than 9 percent shall
    be available for the purchase and installation of certified explosives
    detection systems at medium- and small-sized airports: Provided
    further, That any award to deploy explosives detection systems shall be
    based on risk, the airport's current reliance on other screening
    solutions, lobby congestion resulting in increased security concerns,
    high injury rates, airport readiness, and increased cost effectiveness:
    Provided further, That security service fees authorized under section
    44940 of title 49, United States Code, shall be credited to this
    appropriation as offsetting collections and shall be available only for
    aviation security: Provided further, That the sum appropriated under
    this heading from the general fund shall be reduced on a dollar-for-
    dollar basis as such offsetting collections are received in fiscal year
    2011, so as to result in a final fiscal year appropriation from the
    general fund of not more than $3,352,037,000: Provided further, That
    any security service fees collected in excess of the amount made
    available under this heading shall be available for fiscal year 2012:
    Provided further, That Members of the House of Representatives and
    Senate, including the leadership; the heads of Federal agencies and
    commissions, including the Secretary, Deputy Secretary, Under
    Secretaries, and Assistant Secretaries of the Department of Homeland
    Security; the Attorney General, Assistant Attorneys General, and United
    States attorneys; and senior members of the Executive Office of the
    President, including the Director of the Office of Management and
    Budget; shall not be exempt from Federal passenger and baggage
    screening.

                        surface transportation security

        For necessary expenses of the Transportation Security
    Administration related to surface transportation security activities,
    $137,558,000, to remain available until September 30, 2012.

               transportation threat assessment and credentialing

        For necessary expenses for the development and implementation of
    screening programs of the Office of Transportation Threat Assessment
    and Credentialing, $159,124,000, to remain available until September
    30, 2012:  Provided, That if the Assistant Secretary of Homeland
    Security (Transportation Security Administration) determines that the
    Secure Flight program does not need to check airline passenger names
    against the full terrorist watchlist, the Assistant Secretary shall
    certify to the Committees on Appropriations of the Senate and the House
    of Representatives, not later than 30 days after the date of enactment
    of this Act, that no significant security risks are raised by screening
    airline passenger names only against a subset of the full terrorist
    watchlist.

                        transportation security support

        For necessary expenses of the Transportation Security
    Administration related to providing transportation security support and
    intelligence pursuant to the Aviation and Transportation Security Act
    (Public Law 107-71), $1,039,777,000, to remain available until
    September 30, 2012: Provided, That of the funds appropriated under this
    heading, $50,000,000 may not be obligated for headquarters
    administration until the Assistant Secretary of Homeland Security
    (Transportation Security Administration) submits to the Committees on
    Appropriations of the Senate and the House of Representatives detailed
    expenditure plans for air cargo security, and for checkpoint support
    and explosives detection systems refurbishment, procurement, and
    installations on an airport-by-airport basis for fiscal year 2011:
    Provided further, That such plans shall be submitted no later than 60
    days after the date of enactment of this Act.

                              federal air marshals

        For necessary expenses of the Federal Air Marshals, $945,015,000.

                                  Coast Guard

                               operating expenses

        For necessary expenses for the operation and maintenance of the
    Coast Guard, not otherwise provided for; purchase or lease of not to
    exceed 25 passenger motor vehicles, which shall be for replacement
    only; purchase or lease of small boats for contingent and emergent
    requirements (at a unit cost of no more than $700,000) and repairs and
    service-life replacements, not to exceed a total of $26,000,000, in
    addition to boats necessary for overseas deployments and other
    activities; minor shore construction projects not exceeding $1,000,000
    in total cost at any location; payments pursuant to section 156 of
    Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
    and welfare; $6,951,973,000, of which $594,000,000 shall be for
    defense-related activities, of which $254,000,000 is for overseas
    deployments and other activities; of which $24,500,000 shall be derived
    from the Oil Spill Liability Trust Fund to carry out the purposes of
    section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
    2712(a)(5)); and of which not to exceed $20,000 shall be for official
    reception and representation expenses: Provided, That none of the funds
    made available by this or any other Act shall be available for
    administrative expenses in connection with shipping commissioners in
    the United States: Provided further, That none of the funds made
    available by this Act shall be for expenses incurred for recreational
    vessels under section 12114 of title 46, United States Code, except to
    the extent fees are collected from yacht owners and credited to this
    appropriation: Provided further, That the Coast Guard shall comply with
    the requirements of section 527 of the National Defense Authorization
    Act for Fiscal Year 2004 (10 U.S.C. 4331 note) with respect to the
    Coast Guard Academy: Provided further, That of the funds made available
    under this heading, $75,000,000 shall be withheld from obligation for
    Headquarters Directorates until: (1) the fiscal year 2011 second
    quarter acquisition report; (2) the annual review of the Revised
    Deepwater Implementation Plan; (3) the future-years capital investment
    plan for fiscal years 2012-2016; and (4) the Polar High Latitude Study
    are received by the Committees on Appropriations of the Senate and the
    House of Representatives: Provided further, That of the amount provided
    under this heading for overseas deployments and other activities,
    $254,000,000 is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act): Provided further, That
    funds made available under this heading for overseas deployments and
    other activities may be allocated by program, project, and activity,
    notwithstanding section 503 of this Act.

                    environmental compliance and restoration

        For necessary expenses to carry out the environmental compliance
    and restoration functions of the Coast Guard under chapter 19 of title
    14, United States Code, $13,329,000, to remain available until
    expended.

                                reserve training

        For necessary expenses of the Coast Guard Reserve, as authorized by
    law; operations and maintenance of the reserve program; personnel and
    training costs; and equipment and services; $135,675,000.

                  acquisition, construction, and improvements

        For necessary expenses of acquisition, construction, renovation,
    and improvement of aids to navigation, shore facilities, vessels, and
    aircraft, including equipment related thereto; and maintenance,
    rehabilitation, lease and operation of facilities and equipment, as
    authorized by law; $1,518,613,000, of which $20,000,000 shall be
    derived from the Oil Spill Liability Trust Fund to carry out the
    purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
    U.S.C. 2712(a)(5)); of which $2,000,000 shall be derived from the Coast
    Guard Housing Fund, established pursuant to 14 U.S.C. 687, and shall
    remain available until expended for military family housing; of which
    $73,200,000 shall be available until September 30, 2015, to acquire,
    effect major repairs, renovate, or improve vessels, small boats, and
    related equipment; of which $36,000,000 shall be available until
    September 30, 2013, for other equipment; of which $108,350,000 shall be
    available until September 30, 2013, for shore facilities and aids to
    navigation facilities, including not less than $23,500,000 for
    waterfront improvements and support facilities for buoy tender
    operations at Naval Station Newport, not less than $18,100,000 for the
    Coast Guard Sector Honolulu Command and Interagency Operations Center,
    and not less than $21,050,000 for Coast Guard Station Cleveland Harbor;
    of which $107,561,000 shall be available for personnel compensation and
    benefits and related costs; and of which $1,191,502,000 shall be
    available until September 30, 2015, for the Integrated Deepwater
    Systems program: Provided, That of the funds made available for the
    Integrated Deepwater Systems program, $103,000,000 is for aircraft and
    $933,002,000 is for surface ships: Provided further, That the
    Commandant of the Coast Guard shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives, in
    conjunction with the President's fiscal year 2012 budget, a review of
    the Revised Deepwater Implementation Plan that identifies any changes
    to the plan for the fiscal year; an annual performance comparison of
    Integrated Deepwater Systems program assets to pre-Deepwater legacy
    assets; a status report of such legacy assets; a detailed explanation
    of how the costs of such legacy assets are being accounted for within
    the Integrated Deepwater Systems program; and the earned value
    management system gold card data for each Integrated Deepwater Systems
    program asset: Provided further, That the Commandant of the Coast Guard
    shall submit to the Committees on Appropriations of the Senate and the
    House of Representatives, in conjunction with the fiscal year 2016
    budget request, and every 5 years thereafter, a comprehensive review of
    the Revised Deepwater Implementation Plan, that includes a complete
    projection of the acquisition costs and schedule for the duration of
    the plan: Provided further, That the Commandant of the Coast Guard
    shall annually submit to the Committees on Appropriations of the Senate
    and the House of Representatives, at the time that the President's
    budget is submitted under section 1105(a) of title 31, United States
    Code, a future-years capital investment plan for the Coast Guard that
    identifies for each capital budget line item--
                (1) the proposed appropriation included in that budget;
                (2) the estimated total acquisition cost;
                (3) projected funding levels, including a listing (by
            fiscal year) of the number of assets or segments that will be
            procured with the funding requested, for each fiscal year for
            the next 5 fiscal years or until project completion, whichever
            is earlier;
                (4) an estimated completion date at the projected funding
            levels;
                (5) the total number of planned assets or segments;
                (6) justification for each requested project including a
            qualitative description of mission performance envisioned to be
            achieved upon completion of the acquisition program and
            missions that will be supported by such project; and
                (7) changes, if any, in the total estimated cost of
            completion or estimated completion date from previous future-
            years capital investment plans submitted to the Committees on
            Appropriations of the Senate and the House of Representatives:
    Provided further, That the Commandant of the Coast Guard shall ensure
    that amounts specified in the future-years capital investment plan are
    consistent, to the maximum extent practicable, with proposed
    appropriations necessary to support the programs, projects, and
    activities of the Coast Guard in the President's budget as submitted
    under section 1105(a) of title 31, United States Code, for that fiscal
    year: Provided further, That any inconsistencies between the capital
    investment plan and proposed appropriations shall be identified and
    justified: Provided further, That subsections (a) and (b) of section
    6402 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
    Iraq Accountability Appropriations Act, 2007 (Public Law 110-28) shall
    apply to fiscal year 2011.

                             alteration of bridges

        For necessary expenses for alteration or removal of obstructive
    bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
    516), $4,000,000, to remain available until expended: Provided, That of
    the amounts made available under this heading, $4,000,000 shall be for
    the Union Pacific Railroad Bridge in Clinton, Iowa.

                  research, development, test, and evaluation

        For necessary expenses for applied scientific research,
    development, test, and evaluation; and for maintenance, rehabilitation,
    lease, and operation of facilities and equipment; as authorized by law;
    $32,534,000, to remain available until expended, of which $500,000
    shall be derived from the Oil Spill Liability Trust Fund to carry out
    the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
    U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
    for the purposes of this appropriation funds received from State and
    local governments, other public authorities, private sources, and
    foreign countries for expenses incurred for research, development,
    testing, and evaluation.

                                  retired pay

        For retired pay, including the payment of obligations otherwise
    chargeable to lapsed appropriations for this purpose, payments under
    the Retired Serviceman's Family Protection and Survivor Benefits Plans,
    payment for career status bonuses, concurrent receipts and combat-
    related special compensation under the National Defense Authorization
    Act, and payments for medical care of retired personnel and their
    dependents under chapter 55 of title 10, United States Code,
    $1,400,700,000, to remain available until expended.

                          United States Secret Service

                             salaries and expenses

        For necessary expenses of the United States Secret Service,
    including: purchase of not to exceed 652 vehicles for police-type use
    for replacement only; hire of passenger motor vehicles; purchase of
    motorcycles made in the United States; hire of aircraft; services of
    expert witnesses at such rates as may be determined by the Director of
    the Secret Service; rental of buildings in the District of Columbia,
    and fencing, lighting, guard booths, and other facilities on private or
    other property not in Government ownership or control, as may be
    necessary to perform protective functions; payment of per diem or
    subsistence allowances to employees in a case in which a protective
    assignment during the actual day or days of the visit of a protectee
    requires an employee to work 16 hours per day or to remain overnight at
    a post of duty; conduct of and participation in firearms matches;
    presentation of awards; travel of United States Secret Service
    employees on protective missions without regard to the limitations on
    such expenditures in this or any other Act if approval is obtained in
    advance from the Committees on Appropriations of the Senate and the
    House of Representatives; research and development; grants to conduct
    behavioral research in support of protective research and operations;
    and payment in advance for commercial accommodations as may be
    necessary to perform protective functions; $1,574,642,000, of which not
    to exceed $25,000 shall be for official reception and representation
    expenses; of which not to exceed $100,000 shall be to provide technical
    assistance and equipment to foreign law enforcement organizations in
    counterfeit investigations; of which $2,366,000 shall be for forensic
    and related support of investigations of missing and exploited
    children; and of which $6,000,000 shall be for a grant for activities
    related to the investigations of missing and exploited children and
    shall remain available until expended: Provided, That up to $18,000,000
    for protective travel shall remain available until September 30, 2012:
    Provided further, That up to $1,000,000 for National Special Security
    Events shall remain available until expended: Provided further, That
    the United States Secret Service is authorized to obligate funds in
    anticipation of reimbursements from Federal agencies and entities, as
    defined in section 105 of title 5, United States Code, receiving
    training sponsored by the James J. Rowley Training Center, except that
    total obligations for the fiscal year shall not exceed total budgetary
    resources available under this heading at the end of the fiscal year:
    Provided further, That none of the funds made available under this
    heading shall be available to compensate any employee for overtime in
    an annual amount in excess of $35,000, except that the Secretary of
    Homeland Security, or the designee of the Secretary, may waive that
    amount as necessary for national security purposes: Provided further,
    That none of the funds made available to the United States Secret
    Service by this Act or by previous appropriations Acts may be made
    available for the protection of the head of a Federal agency other than
    the Secretary of Homeland Security: Provided further, That the Director
    of the Secret Service may enter into an agreement to perform such
    service on a fully reimbursable basis: Provided further, That of the
    total amount made available under this heading, $69,960,000, to remain
    available until expended, is for information integration and technology
    transformation: Provided further, That of the funds made available in
    the preceding proviso, $20,000,000 shall not be available for
    obligation until the Chief Information Officer of the Department
    submits a report to the Committees on Appropriations of the Senate and
    the House of Representatives certifying that all plans for such
    activities are consistent with Department of Homeland Security data
    center migration and enterprise architecture requirements: Provided
    further, That none of the funds made available to the United States
    Secret Service by this Act or by previous appropriations Acts may be
    obligated for the purpose of opening a new permanent domestic or
    overseas office or location unless the Committees on Appropriations of
    the Senate and the House of Representatives are notified 15 days in
    advance of such obligation.

         acquisition, construction, improvements, and related expenses

        For necessary expenses for acquisition, construction, repair,
    alteration, and improvement of facilities, $3,975,000, to remain
    available until expended.

                                   TITLE III

                PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                  National Protection and Programs Directorate

                         management and administration

        For salaries and expenses of the Office of the Under Secretary for
    the National Protection and Programs Directorate, support for
    operations, information technology, and the Office of Risk Management
    and Analysis, $45,387,000: Provided, That not to exceed $5,000 shall be
    for official reception and representation expenses.

               infrastructure protection and information security

        For necessary expenses for infrastructure protection and
    information security programs and activities, as authorized by title II
    of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
    $874,923,000, of which $720,884,000 shall remain available until
    September 30, 2012: Provided, That of the amount made available under
    this heading, $100,000,000 may not be obligated for the National Cyber
    Security Division and $10,000,000 may not be obligated for the Next
    Generation Networks program until the Committees on Appropriations of
    the Senate and the House of Representatives receive a plan for
    expenditure for each that describes the strategic context, the specific
    goals and milestones set, and the funds allocated to achieving each of
    those goals and milestones: Provided further, That of the total amount
    provided, not less than: $18,000,000 is for the National Infrastructure
    Simulation and Analysis Center; $3,000,000 is for State and local cyber
    security training; $3,000,000 is for the Multi-State Information
    Sharing and Analysis Center; and $1,000,000 is for interoperable
    communications, technical assistance, and outreach programs.

                           federal protective service

        The revenues and collections of security fees credited to this
    account shall be available until expended for necessary expenses
    related to the protection of federally-owned and leased buildings and
    for the operations of the Federal Protective Service: Provided, That
    the Secretary of Homeland Security and the Director of the Office of
    Management and Budget shall certify in writing to the Committees on
    Appropriations of the Senate and the House of Representatives, no later
    than 60 days after the date of enactment of this Act, that the
    operations of the Federal Protective Service will be fully funded in
    fiscal year 2011 through revenues and collection of security fees, and
    shall adjust the fees to ensure fee collections are sufficient to
    ensure that, no later than September 1, 2011, the Federal Protective
    Service maintains not fewer than 1,348 full-time staff and 1,011 full-
    time Police Officers, Inspectors, Area Commanders, and Special Agents
    who, while working, are directly engaged on a daily basis protecting
    and enforcing laws at Federal buildings (referred to as ``in-service
    field staff'').

        united states visitor and immigrant status indicator technology

        For necessary expenses for the development of the United States
    Visitor and Immigrant Status Indicator Technology project, as
    authorized by section 110 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $339,263,000, of
    which $50,000,000 shall remain available until September 30, 2012:
    Provided, That of the total amount made available under this heading,
    $125,000,000 shall not be obligated for the United States Visitor and
    Immigrant Status Indicator Technology project until the Committees on
    Appropriations of the Senate and the House of Representatives receive a
    plan for expenditure, prepared by the Secretary of Homeland Security,
    not later than 90 days after the date of enactment of this Act that
    meets the statutory conditions specified under this heading in Public
    Law 110-329: Provided further, That not less than $50,000,000 of
    unobligated balances of prior year appropriations shall remain
    available and be obligated solely for implementation of a biometric air
    exit capability.

                            Office of Health Affairs

        For necessary expenses of the Office of Health Affairs,
    $157,984,000, of which $27,053,000 is for salaries and expenses:
    Provided, That $130,931,000 shall remain available until September 30,
    2012, for biosurveillance, BioWatch, medical readiness planning,
    chemical response, and other activities, including $4,750,000 for the
    North Carolina Collaboratory for Bio-Preparedness, University of North
    Carolina, Chapel Hill: Provided further, That of the amount made
    available under this heading, $3,500,000 may not be obligated for the
    National Biosurveillance Integration System until the Committees on
    Appropriations of the Senate and the House of Representatives receive a
    plan for expenditure for such System: Provided further, That not to
    exceed $3,000 shall be for official reception and representation
    expenses.

                      Federal Emergency Management Agency

                         management and administration

        For necessary expenses for management and administration of the
    Federal Emergency Management Agency, $764,296,000, including activities
    authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
    et seq.), the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire
    Assistance Act of 2000 (division C, title I, 114 Stat. 583), the
    Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
    Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
    107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
    Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland
    Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina
    Emergency Management Reform Act of 2006 (Public Law 109-295): Provided,
    That not to exceed $3,000 shall be for official reception and
    representation expenses: Provided further, That the President's budget
    submitted under section 1105(a) of title 31, United States Code, shall
    be detailed by office for the Federal Emergency Management Agency:
    Provided further, That the Administrator of the Federal Emergency
    Management Agency shall provide to the Committees on Appropriations of
    the Senate and the House of Representatives an expenditure plan for all
    funds made available in this Act for Federal Emergency Management
    Agency ``Management and Administration'', not later than 75 days after
    the date of enactment of this Act: Provided further, That of the total
    amount made available under this heading, not to exceed $12,000,000
    shall remain available until September 30, 2012, for capital
    improvements at the Mount Weather Emergency Operations Center: Provided
    further, That of the total amount made available under this heading,
    $38,000,000 shall be for the Urban Search and Rescue Response System,
    of which not to exceed $1,600,000 may be made available for
    administrative costs; and $7,049,000 shall be for the Office of
    National Capital Region Coordination: Provided further, That for
    purposes of planning, coordination, execution, and decisionmaking
    related to mass evacuation during a disaster, for fiscal year 2011 and
    hereafter, the Governors of the State of West Virginia and the
    Commonwealth of Pennsylvania, or their designees, shall be incorporated
    into efforts to integrate the activities of Federal, State, and local
    governments in the National Capital Region, as defined in section 882
    of Public Law 107-296, the Homeland Security Act of 2002.

                            state and local programs

                         (including transfer of funds)

        For grants, contracts, cooperative agreements, and other
    activities, $3,080,450,000 shall be allocated as follows:
                (1) $950,000,000 shall be for the State Homeland Security
            Grant Program under section 2004 of the Homeland Security Act
            of 2002 (6 U.S.C. 605): Provided, That of the amount provided
            by this paragraph and not subject to the requirements of title
            XX, subtitle A of the Homeland Security Act of 2002 (6 U.S.C.
            603, et seq.), $60,000,000 shall be for Operation Stonegarden
            and $10,000,000 shall be for the Citizen Corps Program:
            Provided further, That notwithstanding subsection (c)(4) of
            such section 2004, for fiscal year 2011, the Commonwealth of
            Puerto Rico shall make available to local and tribal
            governments amounts provided to the Commonwealth of Puerto Rico
            under this paragraph in accordance with subsection (c)(1) of
            such section 2004.
                (2) $977,500,000 shall be for the Urban Area Security
            Initiative under section 2003 of the Homeland Security Act of
            2002 (6 U.S.C. 604): Provided, That, notwithstanding subsection
            (c)(1) of such section, $19,000,000 shall be for grants to
            organizations (as described under section 501(c)(3) of the
            Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt
            from tax section 501(a) of such code (26 U.S.C. 501(a))
            determined by the Secretary of Homeland Security to be at high
            risk of a terrorist attack:  Provided further, That of the
            amount provided by this paragraph, $20,000,000 shall be for
            radiological and nuclear detection systems:  Provided further,
            That of the amount provided by this paragraph and not subject
            to the requirements of title XX, subtitle A of the Homeland
            Security Act of 2002 (6 U.S.C. 603, et seq.), $17,500,000, to
            remain available until expended, shall be for necessary
            expenses for reimbursement of the actual costs to State and
            local governments for providing emergency management, public
            safety, and security at events, as determined by the
            Administrator of the Federal Emergency Management Agency,
            related to the presence of a National Special Security Event:
            Provided further, That the amount of any grant made to
            reimburse the actual costs related to a National Special
            Security Event shall not be deducted from the allocation of any
            amounts otherwise made available under this paragraph to any
            entity.
                (3) $35,000,000 shall be for Regional Catastrophic
            Preparedness Grants.
                (4) $41,000,000 shall be for the Metropolitan Medical
            Response System under section 635 of the Post-Katrina Emergency
            Management Reform Act of 2006 (6 U.S.C. 723).
                (5) $350,000,000 shall be for Public Transportation
            Security Assistance, Railroad Security Assistance, and Over-
            the-Road Bus Security Assistance under section 1406, 1513, and
            1532 of the Implementing Recommendations of the 9/11 Commission
            Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182);
            of which not less than $25,000,000 shall be for Amtrak
            security; and not less than $12,000,000 shall be for Over-the-
            Road Bus Security Assistance: Provided, That such public
            transportation security assistance shall be provided directly
            to public transportation agencies.
                (6) $350,000,000 shall be for Port Security Grants under
            section 70107 of title 46, United States Code.
                (7) $35,000,000 shall be for Buffer Zone Protection Program
            Grants.
                (8) $35,000,000 shall be for the Interoperable Emergency
            Communications Grant Program under section 1809 of the Homeland
            Security Act of 2002 (6 U.S.C. 579).
                (9) $50,000,000 shall be for grants for Emergency
            Operations Centers under section 614 of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c)
            to remain available until expended, of which not less than the
            amount specified for each Emergency Operations Center shall be
            provided as follows: $700,000, California Emergency Management
            Agency; $228,125, Cherry Hill Township, New Jersey; $800,000,
            City of Alexandria, Virginia; $250,000, City of Baton Rouge,
            Louisiana; $800,000, City of Bowie Police Department, Maryland;
            $800,000, City of Brownsville, Texas; $442,000, City of
            Columbia, South Carolina; $800,000, City of Columbus, Ohio;
            $800,000, City of Compton, California; $800,000, City of
            Houston, Texas; $800,000, City of Laredo, Texas; $500,000, City
            of Lauderdale Lakes, Florida; $800,000, City of New Orleans,
            Louisiana; $600,000, City of Orange Township, New Jersey;
            $800,000, City of Palm Beach Gardens, Florida; $500,000, City
            of Pasadena, California; $950,000, City of Passaic, New Jersey;
            $800,000, City of Pharr, Texas; $800,000, City of Phoenix,
            Arizona; $800,000, City of South Daytona, Florida; $375,000,
            City of Temple City, California; $800,000, Clallam County
            Sheriff's Office, Washington; $800,000, County of Gloucester,
            New Jersey; $3,450,000, County of Hudson, New Jersey; $771,000,
            Missoula County, Montana; $250,000, Fulton County Government,
            Arkansas; $300,000, Fulton County Government, County Manager's
            Office, Georgia; $800,000, Hancock County Commission, West
            Virginia; $750,000, Louisiana Sheriff's Association, Baton
            Rouge, Louisiana; $250,000, Madison County, Texas; $750,000,
            Maryland Emergency Management Agency; $800,000, Oakland County
            Homeland Security Division, Michigan; $129,000, Park County,
            Montana; $800,000, Plaquemines Parish Sheriff's Office,
            Louisiana; $610,000, Polk County, Iowa; $750,000, Providence
            Emergency Management Agency and Office of Homeland Security,
            Rhode Island; $1,000,000, Rhode Island Emergency Management
            Agency; $750,000, Salt Lake County, Utah; $1,000,000, State of
            Illinois; $250,000, State of Michigan; $5,000,000, State of
            West Virginia; $800,000, Town of East Haven, Connecticut;
            $800,000, Town of South Windsor, Connecticut; $800,000, Town of
            Southwest Ranches, Florida; $775,000, Uvalde County, Texas; and
            $800,000, Wisconsin Division of Emergency Management.
                (10) $256,950,000 shall be for training, exercises,
            technical assistance, and other programs, of which--
                        (A) $159,500,000 shall be for the National Domestic
                    Preparedness Consortium in accordance with section 1204
                    of the Implementing Recommendations of the 9/11
                    Commission Act of 2007 (6 U.S.C. 1102), of which
                    $62,500,000 shall be for the Center for Domestic
                    Preparedness; $23,000,000 shall be for the National
                    Energetic Materials Research and Testing Center, New
                    Mexico Institute of Mining and Technology; $23,000,000
                    shall be for the National Center for Biomedical
                    Research and Training, Louisiana State University;
                    $23,000,000 shall be for the National Emergency
                    Response and Rescue Training Center, Texas A&M
                    University; $23,000,000 shall be for the National
                    Exercise, Test, and Training Center, Nevada Test Site;
                    and $5,000,000 shall be for the National Disaster
                    Preparedness Training Center, University of Hawaii,
                    Honolulu, Hawaii; and
                        (B) $2,450,000 shall be for the Center for
                    Counterterrorism and Cyber Crime, Norwich University,
                    Northfield, Vermont:
    Provided, That not to exceed 4.7 percent of the amounts provided under
    this heading shall be transferred to the Federal Emergency Management
    Agency ``Management and Administration'' account for program
    administration: Provided further, That notwithstanding section
    2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)),
    or any other provision of law, a grantee may use not more than 5
    percent of the amount of a grant made available under this heading for
    expenses directly related to administration of the grant: Provided
    further, That for grants under paragraphs (1) through (4), the
    applications for grants shall be made available to eligible applicants
    not later than 25 days after the date of enactment of this Act,
    eligible applicants shall submit applications not later than 90 days
    after the grant announcement, and that the Administrator of the Federal
    Emergency Management Agency shall act within 90 days after receipt of
    an application:  Provided further, That the previous proviso shall not
    apply to funds for necessary expenses related to the presence of a
    National Special Security Event: Provided further, That for grants
    under paragraphs (5) through (8), the applications for grants shall be
    made available to eligible applicants not later than 30 days after the
    date of enactment of this Act, eligible applicants shall submit
    applications within 45 days after the grant announcement, and   the
    Administrator of the Federal Emergency Management Agency shall act not
    later than 60 days after receipt of an application: Provided further,
    That for grants under paragraphs (1) and (2), the installation of
    communications towers is not considered construction of a building or
    other physical facility: Provided further, That grantees shall provide
    reports on their use of funds, as determined necessary by the
    Secretary: Provided further, That in fiscal year 2011 and hereafter,
    (a) the Center for Domestic Preparedness may provide training to
    emergency response providers from the Federal Government, foreign
    governments, or private entities, if the Center for Domestic
    Preparedness is reimbursed for the cost of such training, and any
    reimbursement under this subsection shall be credited to the account
    from which the expenditure being reimbursed was made and shall be
    available, without fiscal year limitation, for the purposes for which
    amounts in the account may be expended; (b) the head of the Center for
    Domestic Preparedness shall ensure that any training provided under (a)
    does not interfere with the primary mission of the Center to train
    state and local emergency response providers; (c) subject to (b),
    nothing in (a) prohibits the Center for Domestic Preparedness from
    providing training to employees of the Federal Emergency Management
    Agency for the professional development of those employees pursuant to
    5 U.S.C. 4103 without reimbursement for the cost of such training.

                         firefighter assistance grants

        For necessary expenses for programs authorized by the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
    $840,000,000, of which $420,000,000 shall be available to carry out
    section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be
    available to carry out section 34 of that Act (15 U.S.C. 2229a), to
    remain available until September 30, 2012: Provided, That
    notwithstanding the requirement under section 34(a)(1)(A) of such Act
    that grants must be used to increase the number of firefighters in fire
    departments, the Secretary of Homeland Security, in making grants under
    section 34 of such Act using the funds made available under this
    heading, shall grant waivers from the requirements of subsections
    (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: Provided
    further, That section 34(a)(1)(E) of such Act shall not apply with
    respect to funds appropriated under this heading for grants under
    section 34 of such Act: Provided further, That the Secretary of
    Homeland Security, in making grants under section 34 of such Act, shall
    ensure that funds appropriated under this heading are made available
    for the retention of firefighters: Provided further, That not to exceed
    5 percent of the amount available under this heading shall be available
    for program administration.

                    emergency management performance grants

        For necessary expenses for emergency management performance grants,
    as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
    4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
    Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
    No. 3 of 1978 (5 U.S.C. App.), $345,000,000: Provided, That total
    administrative costs shall not exceed 3 percent of the total amount
    appropriated under this heading.

                  radiological emergency preparedness program

        The aggregate charges assessed during fiscal year 2011, as
    authorized in title III of the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
    amounts anticipated by the Department of Homeland Security necessary
    for the radiological emergency preparedness program for the next fiscal
    year: Provided, That the methodology for assessment and collection of
    fees under that title shall be fair and equitable and shall reflect
    costs of providing such services, including administrative costs of
    collecting such fees: Provided further, That fees collected shall be
    deposited in this account as offsetting collections and will become
    available for authorized purposes on October 1, 2011, and remain
    available until expended.

                       united states fire administration

        For necessary expenses of the United States Fire Administration and
    for other purposes, as authorized by the Federal Fire Prevention and
    Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
    Act of 2002 (6 U.S.C. 101 et seq.), $45,930,000.

                                disaster relief

                         (including transfers of funds)

        For necessary expenses in carrying out the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
    $1,950,000,000, to remain available until expended: Provided, That the
    Federal Emergency Management Agency shall submit an expenditure plan to
    the Committees on Appropriations of the Senate and the House of
    Representatives detailing the use of the funds for disaster readiness
    and support not later than 60 days after the date of enactment of this
    Act: Provided further, That the Federal Emergency Management Agency
    shall submit to such Committees a quarterly report detailing
    obligations against the expenditure plan and a justification for any
    changes in spending: Provided further, That of the total amount
    provided, $16,000,000 shall be transferred to the Department of
    Homeland Security Office of Inspector General for audits and
    investigations related to disasters, subject to section 503 of this
    Act: Provided further, That, not later than 60 days after enactment of
    this Act, $145,600,000 shall be transferred to Federal Emergency
    Management Agency ``Management and Administration'' for management and
    administration functions: Provided further, That the Federal Emergency
    Management Agency shall submit the monthly ``Disaster Relief'' report,
    as specified in Public Law 110-161, to the Committees on Appropriations
    of the Senate and the House of Representatives, and include the amounts
    provided to each Federal agency for mission assignments: Provided
    further, That for any request for reimbursement from a Federal agency
    to the Department of Homeland Security to cover expenditures under the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.), or any mission assignment orders issued by the
    Department for such purposes, the Secretary of Homeland Security shall
    take appropriate steps to ensure that each agency is periodically
    reminded of Department policies on--
                (1) the detailed information required in supporting
            documentation for reimbursements; and
                (2) the necessity for timeliness of agency billings.

                disaster assistance direct loan program account

        For activities under section 319 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
    the cost of direct loans: Provided, That gross obligations for the
    principal amount of direct loans shall not exceed $25,000,000: Provided
    further, That the cost of modifying such loans shall be as defined in
    section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

                     flood hazard mapping and risk analysis

        For necessary expenses under section 1360 of the National Flood
    Insurance Act of 1968 (42 U.S.C. 4101), $194,000,000, and such
    additional sums as may be provided by State and local governments or
    other political subdivisions for cost-shared mapping activities under
    section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
    available until expended: Provided, That total administrative costs
    shall not exceed 5 percent of the total amount appropriated under this
    heading.

                         national flood insurance fund

        For activities under the National Flood Insurance Act of 1968 (42
    U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42
    U.S.C. 4001 et seq.), $169,000,000, which shall be derived from
    offsetting collections assessed and collected under section 1308(d) of
    the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), of which
    not to exceed $22,145,000 shall be available for salaries and expenses
    associated with flood mitigation and flood insurance operations; and
    not less than $146,855,000 shall be available for flood plain
    management and flood mapping, which shall remain available until
    September 30, 2012: Provided, That any additional fees collected
    pursuant to section 1308(d) of the National Flood Insurance Act of 1968
    (42 U.S.C. 4015(d)) shall be credited as an offsetting collection to
    this account, to be available for flood plain management and flood
    mapping: Provided further, That in fiscal year 2011, no funds shall be
    available from the National Flood Insurance Fund under section 1310 of
    that Act (42 U.S.C. 4017) in excess of: (1) $110,000,000 for operating
    expenses; (2) $963,339,000 for commissions and taxes of agents; (3)
    such sums as are necessary for interest on Treasury borrowings; and (4)
    $120,000,000, which shall remain available until expended for flood
    mitigation actions, of which not less than $40,000,000 is for severe
    repetitive loss properties under section 1361A of the National Flood
    Insurance Act of 1968 (42 U.S.C. 4102a), of which $10,000,000 shall be
    for repetitive insurance claims properties under section 1323 of the
    National Flood Insurance Act of 1968 (42 U.S.C. 4030), and of which
    $40,000,000 shall be for flood mitigation assistance under section 1366
    of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
    notwithstanding subparagraphs (B) and (C) of subsection (b)(3) and
    subsection (f) of section 1366 of the National Flood Insurance Act of
    1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) of section
    1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017):
    Provided further, That amounts collected under section 102 of the Flood
    Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(i)
    of the National Flood Insurance Act of 1968 shall be deposited in the
    National Flood Insurance Fund to supplement other amounts specified as
    available for section 1366 of the National Flood Insurance Act of 1968,
    notwithstanding subsection (f)(8) of such section 102 (42 U.S.C.
    4012a(f)(8) and section 1366(i) and paragraphs (2) and (3) of section
    1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
    4104c(i), 4104d(b)(2)-(3)): Provided further, That total administrative
    costs shall not exceed 4 percent of the total appropriation.

                      national predisaster mitigation fund

        For the predisaster mitigation grant program under section 203 of
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5133), including administrative costs, $85,000,000, to remain
    available until expended and to be obligated as detailed in the
    statement accompanying this Act: Provided, That the total
    administrative costs associated with such grants shall not exceed 3
    percent of the total amount made available under this heading.

                           emergency food and shelter

        To carry out the emergency food and shelter program pursuant to
    title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11331 et seq.), $150,000,000, to remain available until expended:
    Provided, That total administrative costs shall not exceed 3.5 percent
    of the total amount made available under this heading.

                                    TITLE IV

                RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

               United States Citizenship and Immigration Services

        For necessary expenses for citizenship and immigration services,
    $297,993,000, of which $176,400,000 is for processing applications for
    asylum or refugee status; and of which $103,400,000 is for the E-Verify
    Program, as authorized by section 402 of the Illegal Immigration Reform
    and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to
    assist United States employers with maintaining a legal workforce:
    Provided, That notwithstanding any other provision of law, funds
    available to United States Citizenship and Immigration Services may be
    used to acquire, operate, equip, and dispose of up to five vehicles,
    for replacement only, for use in areas where the Administrator of
    General Services does not provide vehicles for lease: Provided further,
    That the Director of United States Citizenship and Immigration Services
    may authorize employees of United States Citizenship and Immigration
    Services who are assigned to those areas to use such vehicles to travel
    between the employees' residences and places of employment: Provided
    further, That none of the funds made available in this Act for grants
    for immigrant integration may be used to provide services to aliens who
    have not been lawfully admitted to the United States for permanent
    residence.

                    Federal Law Enforcement Training Center

                             salaries and expenses

        For necessary expenses of the Federal Law Enforcement Training
    Center as authorized under section 884 of the Homeland Security Act of
    2002 (6 U.S.C. 464), including materials and support costs of Federal
    law enforcement basic training; the purchase of not to exceed 117
    vehicles for police-type use and hire of passenger motor vehicles;
    expenses for student athletic and related activities; the conduct of
    and participation in firearms matches and presentation of awards;
    public awareness and enhancement of community support of law
    enforcement training; room and board for student interns; a flat
    monthly reimbursement to employees authorized to use personal mobile
    phones for official duties; and services as authorized by section 3109
    of title 5, United States Code, $234,500,000, of which up to
    $48,420,000 shall remain available until September 30, 2012, for
    materials and support costs of Federal law enforcement basic training;
    and of which not to exceed $12,000 shall be for official reception and
    representation expenses: Provided, That of the total amount made
    available under this heading, not to exceed $30,000,000 shall be for
    management and administration: Provided further, That the Center is
    authorized to obligate funds in anticipation of reimbursements from
    agencies receiving training sponsored by the Center, except that total
    obligations at the end of the fiscal year shall not exceed total
    budgetary resources available at the end of the fiscal year: Provided
    further, That the Director of the Federal Law Enforcement Training
    Center shall schedule basic or advanced law enforcement training, or
    both, at all four training facilities under the control of the Federal
    Law Enforcement Training Center to ensure that such training facilities
    are operated at the highest capacity throughout the fiscal year:
    Provided further, That section 1202(a) of the 2002 Supplemental
    Appropriations Act for Further Recovery From and Response to Terrorist
    Attacks on the United States (Public Law 107-206; 42 U.S.C. 3771 note),
    is amended by striking ``December 31, 2012'' and inserting ``December
    31, 2013''.

                                 accreditation

        For necessary expenses of Federal Law Enforcement Training
    Accreditation activities, $1,419,000, of which $300,000 shall remain
    available until expended to be distributed to Federal law enforcement
    agencies for expenses incurred participating in training accreditation:
    Provided, That the Federal Law Enforcement Training Accreditation
    Board, including representatives from the Federal law enforcement
    community and non-Federal accreditation experts involved in law
    enforcement training, shall lead the Federal law enforcement training
    accreditation process to continue the implementation of measuring and
    assessing the quality and effectiveness of Federal law enforcement
    training programs, facilities, and instructors.

         acquisitions, construction, improvements, and related expenses

        For acquisition of necessary additional real property and
    facilities, construction, and ongoing maintenance, facility
    improvements, and related expenses of the Federal Law Enforcement
    Training Center, $38,456,000, to remain available until expended:
    Provided, That the Center is authorized to accept reimbursement to this
    appropriation from Government agencies requesting the construction of
    special use facilities.

                             Science and Technology

                         management and administration

        For salaries and expenses of the Office of the Under Secretary for
    Science and Technology and for management and administration of
    programs and activities, as authorized by title III of the Homeland
    Security Act of 2002 (6 U.S.C. 181 et seq.), $145,959,000: Provided,
    That not to exceed $10,000 shall be for official reception and
    representation expenses.

               research, development, acquisition, and operations

        For necessary expenses for science and technology research,
    including advanced research projects; development; test and evaluation;
    acquisition; and operations, as authorized by title III of the Homeland
    Security Act of 2002 (6 U.S.C. 181 et seq.); and the purchase or lease
    of not to exceed five vehicles, $902,651,000, of which $780,651,000 is
    to remain available until September 30, 2013; and of which not less
    than $122,000,000 is to remain available until September 30, 2015,
    solely for laboratory facilities: Provided, That not less than
    $50,000,000 shall be available for university programs: Provided
    further, That not less than $20,865,000 shall be available for the
    Southeast Region Research Initiative at the United States Army Corps of
    Engineers' Engineer Research and Development Center: Provided further,
    That not less than $2,250,000 shall be available for Distributed
    Environment for Critical Infrastructure Decisionmaking Exercises:
    Provided further, That not less than $500,000 shall be available to
    continue a project to develop situational awareness and decision
    support capabilities through remote sensing technologies: Provided
    further, That not less than $1,000,000 shall be available to continue a
    homeland security research, development, and manufacturing pilot
    project.

                       Domestic Nuclear Detection Office

                         management and administration

        For salaries and expenses of the Domestic Nuclear Detection Office
    as authorized by title XIX of the Homeland Security Act of 2002 (6
    U.S.C. 591 et seq.), for management and administration of programs and
    activities, $36,400,000: Provided, That not to exceed $3,000 shall be
    for official reception and representation expenses: Provided further,
    That not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committees on Appropriations of the
    Senate and House of Representatives a strategic plan of investments
    necessary to implement the Department of Homeland Security's
    responsibilities under the domestic component of the global nuclear
    detection architecture that shall: (1) define each Departmental
    entity's roles and responsibilities in support of the domestic
    detection architecture, including any existing or planned programs to
    pre-screen cargo or conveyances overseas; (2) identify and describe the
    specific investments being made by Departmental organizations in fiscal
    year 2011, and planned for fiscal year 2012, to support the domestic
    architecture and the security of sea, land, and air pathways into the
    United States; (3) describe the investments necessary to close known
    vulnerabilities and gaps, including associated costs and timeframes,
    and estimates of feasibility and cost effectiveness; and (4) explain
    how the Department's research and development funding is furthering the
    implementation of the domestic nuclear detection architecture,
    including specific investments planned for fiscal years 2011 and 2012.

                     research, development, and operations

        For necessary expenses for radiological and nuclear detection,
    development, testing, evaluation, and operations, $191,242,000, to
    remain available until September 30, 2013: Provided, That not later
    than 60 days after the date of enactment of this Act, all prior year
    balances available for transformational research and development shall
    be transferred to Science and Technology ``Research, Development,
    Acquisition, and Operations''.

                              systems acquisition

        For expenses for the Domestic Nuclear Detection Office acquisition
    and deployment of radiological detection systems in accordance with the
    global nuclear detection architecture, $52,000,000, to remain available
    until September 30, 2013: Provided, That none of the funds appropriated
    under this heading in this Act or any other Act shall be obligated for
    full-scale procurement of advanced spectroscopic portal monitors until
    the Secretary of Homeland Security submits to the Committees on
    Appropriations of the Senate and the House of Representatives a report
    certifying that a significant increase in operational effectiveness
    will be achieved by such obligation: Provided further, That the
    Secretary shall submit separate and distinct certifications prior to
    the procurement of advanced spectroscopic portal monitors for primary
    and secondary deployment that address the unique requirements for
    operational effectiveness of each type of deployment: Provided further,
    That the Secretary may continue to consult with the National Academy of
    Sciences before making such certifications: Provided further, That none
    of the funds appropriated under this heading shall be used for high-
    risk concurrent development and production of mutually dependent
    software and hardware.

                                    TITLE V

                               GENERAL PROVISIONS

                        (including rescissions of funds)

        Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 502.  Subject to the requirements of section 503 of this Act,
    the unexpended balances of prior appropriations provided for activities
    in this Act may be transferred to appropriation accounts for such
    activities established pursuant to this Act, may be merged with funds
    in the applicable established accounts, and thereafter may be accounted
    for as one fund for the same time period as originally enacted.
        Sec. 503. (a) None of the funds provided by this Act, provided by
    previous appropriations Acts to the agencies in or transferred to the
    Department of Homeland Security that remain available for obligation or
    expenditure in fiscal year 2011, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program, project, or activity; (2) eliminates a program,
    project, office, or activity; (3) increases funds for any program,
    project, or activity for which funds have been denied or restricted by
    the Congress; (4) proposes to use funds directed for a specific
    activity by either of the Committees on Appropriations of the Senate or
    the House of Representatives for a different purpose; or (5) contracts
    out any function or activity for which funding levels were requested
    for Federal full-time equivalents in the object classification tables
    contained in the fiscal year 2011 Budget Appendix for the Department of
    Homeland Security, as modified by the explanatory statement
    accompanying this Act, unless the Committees on Appropriations of the
    Senate and the House of Representatives are notified 15 days in advance
    of such reprogramming of funds.
        (b) None of the funds provided by this Act, provided by previous
    appropriations Acts to the agencies in or transferred to the Department
    of Homeland Security that remain available for obligation or
    expenditure in fiscal year 2011, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees or
    proceeds available to the agencies funded by this Act, shall be
    available for obligation or expenditure for programs, projects, or
    activities through a reprogramming of funds in excess of $5,000,000 or
    10 percent, whichever is less, that: (1) augments existing programs,
    projects, or activities; (2) reduces by 10 percent funding for any
    existing program, project, or activity, or numbers of personnel by 10
    percent as approved by the Congress; or (3) results from any general
    savings from a reduction in personnel that would result in a change in
    existing programs, projects, or activities as approved by the Congress,
    unless the Committees on Appropriations of the Senate and the House of
    Representatives are notified 15 days in advance of such reprogramming
    of funds.
        (c) Not to exceed 5 percent of any appropriation made available for
    the current fiscal year for the Department of Homeland Security by this
    Act or provided by previous appropriations Acts may be transferred
    between such appropriations, but no such appropriation, except as
    otherwise specifically provided, shall be increased by more than 10
    percent by such transfers: Provided, That any transfer under this
    section shall be treated as a reprogramming of funds under subsection
    (b) and shall not be available for obligation unless the Committees on
    Appropriations of the Senate and the House of Representatives are
    notified 15 days in advance of such transfer.
        (d) Notwithstanding subsections (a), (b), and (c) of this section,
    no funds shall be reprogrammed within or transferred between
    appropriations after May 31, except in extraordinary circumstances that
    imminently threaten the safety of human life or the protection of
    property.
        Sec. 504.  The Department of Homeland Security Working Capital
    Fund, established pursuant to section 403 of the Federal Financial
    Management Act of 1994 (Public Law 103-356; 31 U.S.C. 501 note), shall
    continue operations as a permanent working capital fund for fiscal year
    2011: Provided, That none of the funds appropriated or otherwise made
    available to the Department of Homeland Security may be used to make
    payments to the Working Capital Fund, except for the activities and
    amounts allowed in the President's fiscal year 2011 budget: Provided
    further, That funds provided to the Working Capital Fund shall be
    available for obligation until expended to carry out the purposes of
    the Working Capital Fund: Provided further, That all departmental
    components shall be charged only for direct usage of each Working
    Capital Fund service: Provided further, That funds provided to the
    Working Capital Fund shall be used only for purposes consistent with
    the contributing component: Provided further, That such funds shall be
    paid in advance or reimbursed at rates which will return the full cost
    of each service: Provided further, That the Working Capital Fund shall
    be subject to the requirements of section 503 of this Act.
        Sec. 505.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of the amount of any unobligated balances remaining
    available at the end of fiscal year 2011 from appropriations for
    salaries and expenses for fiscal year 2011, under this Act shall remain
    available through September 30, 2012, in the account and for the
    purposes for which the appropriations were provided: Provided, That
    prior to the obligation of such funds, a request shall be submitted to
    the Committees on Appropriations of the Senate and the House of
    Representatives for approval in accordance with section 503 of this
    Act.
        Sec. 506.  Funds made available by this Act for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2011 until the enactment of an Act authorizing
    intelligence activities for fiscal year 2011.
        Sec. 507.  None of the funds made available by this Act may be used
    to make a grant allocation, grant award, contract award, other
    transaction agreement, a task or delivery order on a Department of
    Homeland Security multiple award contract, or to issue a letter of
    intent totaling in excess of $1,000,000, or to announce publicly the
    intention to make such an award, including a contract covered by the
    Federal Acquisition Regulation, unless the Secretary of Homeland
    Security notifies the Committees on Appropriations of the Senate and
    the House of Representatives at least 3 full business days in advance
    of making such an award or issuing such a letter: Provided, That if the
    Secretary of Homeland Security determines that compliance with this
    section would pose a substantial risk to human life, health, or safety,
    an award may be made without such notification and the Committees on
    Appropriations of the Senate and the House of Representatives shall be
    notified not later than 5 full business days after such an award is
    made or letter issued: Provided further, That no notification shall
    involve funds that are not available for obligation: Provided further,
    That a notification under this section shall include the amount of the
    award, the fiscal year for which the funds for the award were
    appropriated, and the account from which the funds are being drawn:
    Provided further, That the Federal Emergency Management Agency shall
    brief the Committees on Appropriations of the Senate and the House of
    Representatives 5 full business days in advance of announcing publicly
    the intention of making an award under ``State and Local Programs''.
        Sec. 508.  Notwithstanding any other provision of law, no Federal
    department or agency shall purchase, construct, or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations of the
    Senate and the House of Representatives, except that the Federal Law
    Enforcement Training Center is authorized to obtain the temporary use
    of additional facilities by lease, contract, or other agreement for
    training that cannot be accommodated in existing Center facilities.
        Sec. 509.  None of the funds appropriated or otherwise made
    available by this Act may be used for expenses for any construction,
    repair, alteration, or acquisition project for which a prospectus
    otherwise required under chapter 33 of title 40, United States Code,
    has not been approved, except that necessary funds may be expended for
    each project for required expenses for the development of a proposed
    prospectus.
        Sec. 510.  Sections 520, 522, 528, and 530 of the Department of
    Homeland Security Appropriations Act, 2008 (division E of Public Law
    110-161; 121 Stat. 2073 et seq.) shall apply with respect to funds made
    available in this Act in the same manner as such sections applied to
    funds made available in that Act.
        Sec. 511.  None of the funds made available in this Act may be used
    in contravention of the applicable provisions of the Buy American Act
    (41 U.S.C. 10a et seq.).
        Sec. 512.  None of the funds made available in this Act may be used
    by any person other than the Privacy Officer appointed under subsection
    (a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
    142(a)) to alter, direct that changes be made to, delay, or prohibit
    the transmission to Congress of any report prepared under paragraph (6)
    of such subsection.
        Sec. 513.  None of the funds made available in this Act may be used
    to amend the oath of allegiance required by section 337 of the
    Immigration and Nationality Act (8 U.S.C. 1448).
        Sec. 514.  None of the funds appropriated by this Act may be used
    to process or approve a competition under Office of Management and
    Budget Circular A-76 for services provided as of June 1, 2004, by
    employees (including employees serving on a temporary or term basis) of
    United States Citizenship and Immigration Services of the Department of
    Homeland Security who are known as of that date as Immigration
    Information Officers, Contact Representatives, or Investigative
    Assistants.
        Sec. 515. (a) The Assistant Secretary of Homeland Security
    (Transportation Security Administration) shall work with air carriers
    and airports to ensure that screening of cargo carried on passenger
    aircraft, as that term is defined in section 44901(g)(5) of title 49,
    United States Code, increases incrementally each quarter until the
    requirement under section 44901(g)(2)(B) of such title is met.
        (b) Not later than 120 days after the end of each quarter, the
    Assistant Secretary shall submit to the Committees on Appropriations of
    the Senate and the House of Representatives a report on air cargo
    inspection statistics by airport and air carrier detailing the
    incremental progress being made to meet the requirement of section
    44901(g)(2)(B) of title 49, United States Code.
        Sec. 516.  Not later than 45 days after the last day of each month,
    the Chief Financial Officer of the Department of Homeland Security
    shall submit to the Committees on Appropriations of the Senate and the
    House of Representatives a monthly budget and staffing report for that
    month that includes total obligations, on-board versus funded full-time
    equivalent staffing levels, and the number of contract employees for
    each office of the Department.
        Sec. 517.  Any funds appropriated to Coast Guard ``Acquisition,
    Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
    2005, and 2006 for the 110-123 foot patrol boat conversion that are
    recovered, collected, or otherwise received as the result of
    negotiation, mediation, or litigation, shall be available until
    expended for the Fast Response Cutter program.
        Sec. 518.  None of the funds provided by this or any other Act may
    be obligated for the development, testing, deployment, or operation of
    any portion of a human resources management system authorized by
    section 9701(a) of title 5, United States Code, or by regulations
    prescribed pursuant to such section, for an employee, as that term is
    defined in section 7103(a)(2) of such title.
        Sec. 519.  Section 532(a) of the Department of the Homeland
    Security Appropriations Act, 2007 (Public Law 109-295, 120 Stat. 1384)
    is amended by striking ``2010'' and inserting ``2011 and thereafter''.
        Sec. 520.  The functions of the Federal Law Enforcement Training
    Center instructor staff shall be classified as inherently governmental
    for the purpose of the Federal Activities Inventory Reform Act of 1998
    (31 U.S.C. 501 note).
        Sec. 521.  None of the funds provided by this or previous
    appropriations Acts shall be used to fund any position designated as a
    Principal Federal Official (or the successor thereto) for any Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.) declared disasters or emergencies unless--
                (1) The responsibilities of the Principal Federal Official
            do not include operational functions related to incident
            management, including coordination of operations, and are
            consistent with the requirements of subsection 509(c) and
            subsections 503(c)(3) and (c)(4)(A) of the Homeland Security
            Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and
            section 302 of the Robert T. Stafford Disaster Relief and
            Assistance Act (42 U.S.C. 5143); and
                (2) Not later than 10 business days after the latter of the
            date on which the Secretary of Homeland Security appoints the
            Principal Federal Official and the date on which the President
            issues a declaration under section 401 or section 501 of the
            Robert T. Stafford Disaster Relief and Emergency Assistance Act
            (42 U.S.C. 5170 and 5191, respectively), the Secretary of
            Homeland Security shall submit a notification of the
            appointment of the Principal Federal Official and a description
            of the responsibilities of such Official and how such
            responsibilities are consistent with paragraph (1) to the
            Committees on Appropriations of the Senate and the House of
            Representatives, the Transportation and Infrastructure
            Committee of the House of Representatives, and the Homeland
            Security and Governmental Affairs Committee of the Senate.
                (3) Not later than 60 days after the date of enactment of
            this Act, the Secretary shall provide a report specifying
            timeframes and milestones regarding the update of operations,
            planning and policy documents, and training and exercise
            protocols, to ensure consistency with paragraph (1) of this
            section.
        Sec. 522. (a) Except as provided in subsection (b), none of the
    funds appropriated in this or any other Act to the Office of the
    Secretary and Executive Management, the Office of the Under Secretary
    for Management, or the Office of the Chief Financial Officer may be
    obligated for a grant or contract funded under any such heading by any
    means other than full and open competition.
        (b) Subsection (a) does not apply to obligation of funds for a
    contract awarded--
                (1) by a means that is required by a Federal statute,
            including obligation for a purchase made under a mandated
            preferential program, including the AbilityOne Program, that is
            authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
            seq.);
                (2) pursuant to the Small Business Act (15 U.S.C. 631 et
            seq.);
                (3) in an amount less than the simplified acquisition
            threshold described under section 302A(a) of the Federal
            Property and Administrative Services Act of 1949 (41 U.S.C.
            252a(a)); or
                (4) by a Federal agency other than the Department of
            Homeland Security using funds provided through an interagency
            agreement.
        (c)(1) Subject to paragraph (2), the Secretary of Homeland Security
    may waive the applicability of this section with respect to the award
    of a contract if such a waiver is in the interest of national security
    or if failure to waive such applicability would pose a substantial risk
    to human health or welfare.
        (2) Not later than 5 days after the date on which the Secretary of
    Homeland Security issues a waiver under this subsection, the Secretary
    shall submit notification of that waiver to the Committees on
    Appropriations of the Senate and the House of Representatives,
    including a description of the contract to which the waiver applies and
    an explanation of why the waiver authority was used. The Secretary may
    not delegate the authority to grant such a waiver.
        (d) In addition to the requirements established by subsections (a),
    (b), and (c) of this section, the Inspector General of the Department
    of Homeland Security shall review departmental contracts awarded
    through means other than a full and open competition to assess
    departmental compliance with applicable laws and regulations: Provided,
    That the Inspector General shall review selected contracts awarded in
    the previous fiscal year through means other than a full and open
    competition: Provided further, That in selecting which contracts to
    review, the Inspector General shall consider the cost and complexity of
    the goods and services to be provided under the contract, the
    criticality of the contract to fulfilling Department missions, past
    performance problems on similar contracts or by the selected vendor,
    complaints received about the award process or contractor performance,
    and such other factors as the Inspector General determines are
    relevant: Provided further, That no later than February 7, 2011, the
    Inspector General shall submit to the Committees on Appropriations of
    the Senate and the House of Representatives a report on the reviews
    conducted under this section.
        Sec. 523.  None of the funds made available in this or any other
    Act may be used to enforce section 4025(1) of the Intelligence Reform
    and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
    3724) unless the Assistant Secretary of Homeland Security
    (Transportation Security Administration) reverses the determination of
    July 19, 2007, that butane lighters are not a significant threat to
    civil aviation security.
        Sec. 524.  None of the funds made available by this Act may be used
    to take an action that would violate Executive Order No. 13423 (72 Fed.
    Reg. 3919; relating to strengthening Federal environmental, energy, and
    transportation management).
        Sec. 525.  Funds made available in this Act may be used to alter
    operations within the Civil Engineering Program of the Coast Guard
    nationwide, including civil engineering units, facilities design and
    construction centers, maintenance and logistics commands, and the Coast
    Guard Academy, except that none of the funds provided in this Act may
    be used to reduce operations within any Civil Engineering Unit unless
    specifically authorized by a statute enacted after the date of the
    enactment of this Act.
        Sec. 526.  None of the funds made available in this Act shall be
    available to carry out section 872 of the Homeland Security Act of 2002
    (6 U.S.C. 452).
        Sec. 527.  None of the funds made available in this Act may be used
    by United States Citizenship and Immigration Services to grant an
    immigration benefit unless the results of background checks required by
    law to be completed prior to the granting of the benefit have been
    received by United States Citizenship and Immigration Services and such
    results do not preclude the granting of the benefit.
        Sec. 528.  None of the funds made available in this or any other
    Act for fiscal year 2011 and hereafter may be used to destroy or put
    out to pasture any horse or other equine belonging to any component or
    agency of the Department of Homeland Security that has become unfit for
    service, unless the trainer or handler is first given the option to
    take possession of the equine through an adoption program that has
    safeguards against slaughter and inhumane treatment.
        Sec. 529.  None of the funds appropriated by this Act may be used
    to conduct, or to implement the results of, a competition under Office
    of Management and Budget Circular A-76 for activities performed with
    respect to the Coast Guard National Vessel Documentation Center.
        Sec. 530.  None of the funds provided in this Act under the heading
    ``Office of the Chief Information Officer'' shall be used for data
    center development other than for Data Center One (National Center for
    Critical Information Processing and Storage) until the Chief
    Information Officer certifies that Data Center One is fully utilized as
    the Department's primary data storage center at the highest capacity
    throughout the fiscal year.
        Sec. 531.  Section 831 of the Homeland Security Act of 2002 (6
    U.S.C. 391) is amended--
                (1) in subsection (a), by striking ``Until September 30,
            2010'' and inserting ``Until September 30, 2011,''; and
                (2) in subsection (d)(1), by striking ``September 30,
            2010,'' and inserting ``September 30, 2011,''.
        Sec. 532.  None of the funds in this Act shall be used to reduce
    the United States Coast Guard's Operations Systems Center mission or
    its Government-employed or contract staff levels.
        Sec. 533.  The Secretary of Homeland Security shall require that
    all contracts entered into by the Department of Homeland Security that
    provide award fees link such fees to successful acquisition outcomes
    (which outcomes shall be specified in terms of cost, schedule, and
    performance).
        Sec. 534.  None of the funds made available to the ``Office of the
    Secretary and Executive Management'' under this Act may be expended to
    hire any new employees of the Department of Homeland Security who are
    not verified through the E-Verify Program established under title IV of
    the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    (8 U.S.C. 1324a note).
        Sec. 535.  None of the funds made available in this Act for U.S.
    Customs and Border Protection may be used to prevent an individual not
    in the business of importing a prescription drug (within the meaning of
    section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
    importing a prescription drug from Canada that complies with the
    Federal Food, Drug, and Cosmetic Act: Provided, That this section shall
    apply only to individuals transporting on their person a personal-use
    quantity of the prescription drug, not to exceed a 90-day supply:
    Provided further, That the prescription drug may not be--
                (1) a controlled substance, as defined in section 102 of
            the Controlled Substances Act (21 U.S.C. 802); or
                (2) a biological product, as defined in section 351 of the
            Public Health Service Act (42 U.S.C. 262).
        Sec. 536.  None of the funds made available in this Act may be used
    by the Secretary of Homeland Security or any delegate of the Secretary
    to issue any rule or regulation which implements the Notice of Proposed
    Rulemaking related to Petitions for Aliens To Perform Temporary
    Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed.
    Reg. 3984 (January 27, 2005).
        Sec. 537.  The Secretary of Homeland Security, in consultation with
    the Secretary of the Treasury, shall notify the Committees on
    Appropriations of the Senate and the House of Representatives of any
    proposed transfers of funds available under section 9703(g)(4)(B) of
    title 31, Unites States Code (added by Public Law 102-393) from the
    Department of the Treasury Forfeiture Fund to any agency within the
    Department of Homeland Security: Provided, That none of the funds
    identified for such a transfer may be obligated until the Committees on
    Appropriations of the Senate and the House of Representatives approve
    the proposed transfers.
        Sec. 538.  None of the funds made available in this Act may be used
    for planning, testing, piloting, or developing a national
    identification card.
        Sec. 539.  If the Assistant Secretary of Homeland Security
    (Transportation Security Administration) determines that an airport
    does not need to participate in the E-Verify Program established under
    title IV of the Illegal Immigration Reform and Immigrant Responsibility
    Act of 1996 (8 U.S.C. 1324a note), the Assistant Secretary shall
    certify to the Committees on Appropriations of the Senate and the House
    of Representatives that no security risks will result from such
    nonparticipation.
        Sec. 540. (a) Notwithstanding any other provision of this Act,
    except as provided in subsection (b), and by the later of 30 days after
    the date that the President determines whether to declare a major
    disaster because of an event or the date of the completion of any
    appeal by a Governor regarding such determination, the Administrator
    shall submit to the Committee on Homeland Security and Governmental
    Affairs of the Senate, the Committee on Homeland Security of the House
    of Representatives, the Committee on Transportation and Infrastructure
    of the House of Representatives, the Committees on Appropriations of
    the Senate and the House of Representatives, and publish on the website
    of the Federal Emergency Management Agency, a report regarding that
    decision, summarizing damage assessment information used to determine
    whether to declare a major disaster.
        (b) The Administrator may redact from a report under subsection (a)
    any data that the Administrator determines would compromise national
    security.
        (c) In this section--
                (1) the term ``Administrator'' means the Administrator of
            the Federal Emergency Management Agency; and
                (2) the term ``major disaster'' has the meaning given that
            term in section 102 of the Robert T. Stafford Disaster Relief
            and Emergency Assistance Act (42 U.S.C. 5122).
        Sec. 541. (a) Notwithstanding any other provision of law, during
    fiscal year 2011 or any subsequent fiscal year, if the Secretary of
    Homeland Security determines that the National Bio- and Agro-defense
    Facility is to be located at a site other than Plum Island, New York,
    the Secretary shall ensure that the Administrator of General Services
    sells, through public sale, all real and related personal property and
    transportation assets that support Plum Island operations, subject to
    such terms and conditions as may be necessary to protect Government
    interests and meet program requirements.
        (b) The proceeds of any sale described in subsection (a) shall be
    deposited as offsetting collections into the Department of Homeland
    Security Science and Technology ``Research, Development, Acquisition,
    and Operations'' account and, subject to appropriation, shall be
    available until expended, for site acquisition, construction, and costs
    related to the construction of the National Bio- and Agro-defense
    Facility, including the costs associated with the sale, including due
    diligence requirements, necessary environmental remediation at Plum
    Island, and reimbursement of any expenses incurred by the General
    Services Administration.
        Sec. 542. (a) For an additional amount for Science and Technology,
    ``Research, Development, Acquisition, and Operations'', $40,000,000, to
    remain available until September 30, 2012, for construction of the
    Central Utility Plant at the approved National Bio- and Agro-defense
    Facility site in Manhattan, Kansas.
        (b) The Department shall provide an update of the site-specific
    biosafety and biosecurity mitigation risk assessment of the National
    Bio- and Agro-defense Facility in Manhattan, Kansas that integrates
    findings from the Department's risk assessment, as well as findings
    from the National Academy of Sciences' evaluation of the Department's
    risk assessment. The update shall:
                (1) include strategies to mitigate the risk of foot-and-
            mouth disease virus release from the laboratory and ensure safe
            operations at the approved National Bio- and Agro-defense
            Facility site in Manhattan, Kansas;
                (2) address the impact of surveillance, response, and
            mitigation plans (developed in consultation with local, State,
            and national authorities and appropriate stakeholders) if a
            release occurs, to detect and control the spread of disease;
            and
                (3) address how the Department will collaborate with the
            United States Department of Agriculture and other appropriate
            Federal departments and agencies to identify and complete such
            additional studies as may be necessary in order to secure a
            future permit from the United States Department of Agriculture
            to operate the National Bio- and Agro-defense Facility safely
            and securely.
        (c) The Secretary of Homeland Security shall enter into a contract
    with the National Academy of Sciences to evaluate the adequacy and
    validity of the risk assessment required by subsection (b). The
    National Academy of Sciences shall submit a report on such evaluation
    within 4 months after the date the Department of Homeland Security
    concludes its mitigation risk assessment.
        Sec. 543.  Any official who is required by this Act to report or
    certify to the Committees on Appropriations of the Senate and the House
    of Representatives may not delegate such authority to perform that act
    unless specifically authorized herein.
        Sec. 544.  Section 203(m) of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
    ``September 30, 2010'' and inserting ``September 30, 2011''.
        Sec. 545.  Section 550(b) of the Department of Homeland Security
    Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
    amended by striking ``on October 4, 2010'' and inserting ``on October
    4, 2011''.
        Sec. 546.  None of the funds made available in this Act may be used
    for first-class travel by the employees of agencies funded by this Act
    in contravention of sections 301-10.122 through 301.10-124 of title 41,
    Code of Federal Regulations.
        Sec. 547.  For purposes of section 210C of the Homeland Security
    Act of 2002 (6 U.S.C. 124j), for fiscal year 2011 and hereafter, a
    rural area shall also include any area that is located in a
    metropolitan statistical area and a county, borough, parish, or area
    under the jurisdiction of an Indian tribe with a population of not more
    than 50,000.
        Sec. 548.  None of the funds made available in this Act may be used
    to propose or effect a disciplinary or adverse action with respect to
    any Department of Homeland Security employee who engages regularly with
    the public in the performance of his or her official duties solely
    because that employee elects to utilize protective equipment or
    measures, including surgical masks, N95 respirators, gloves, or hand-
    sanitizers, where use of such equipment or measures is in accordance
    with Department of Homeland Security policy, and Centers for Disease
    Control and Prevention and Office of Personnel Management guidance.
        Sec. 549.  None of the funds made available in this Act may be used
    to employ workers described in section 274A(h)(3) of the Immigration
    and Nationality Act (8 U.S.C. 1324a(h)(3)).
        Sec. 550. (a) Any company that collects or retains personal
    information directly from any individual who participates in the
    Registered Traveler program of the Transportation Security
    Administration shall safeguard and dispose of such information in
    accordance with the requirements in--
                (1) the National Institute for Standards and Technology
            Special Publication 800-30, entitled ``Risk Management Guide
            for Information Technology Systems'';
                (2) the National Institute for Standards and Technology
            Special Publication 800-53, Revision 3, entitled ``Recommended
            Security Controls for Federal Information Systems and
            Organizations''; and
                (3) any supplemental standards established by the Assistant
            Secretary, Transportation Security Administration (referred to
            in this section as the ``Assistant Secretary'').
        (b) The airport authority or air carrier operator that sponsors the
    company under the Registered Traveler program shall be known as the
    Sponsoring Entity.
        (c) The Assistant Secretary shall require any company covered by
    subsection (a) to provide, not later than 30 days after the date of the
    enactment of this Act, to the Sponsoring Entity written certification
    that the procedures used by the company to safeguard and dispose of
    information are in compliance with the requirements under subsection
    (a). Such certification shall include a description of the procedures
    used by the company to comply with such requirements.
        (d) Not later than 90 days after the date of the enactment of this
    Act, the Assistant Secretary shall submit to the Committees on
    Appropriations of the Senate and House of Representatives a report that
    includes a description of--
                (1) the procedures that have been used to safeguard and
            dispose of personal information collected through the
            Registered Traveler program; and
                (2) the status of any certifications required to be
            submitted by subsection (c).
        Sec. 551.  Notwithstanding any other provision of this Act, none of
    the funds appropriated or otherwise made available by this Act may be
    used to pay award or incentive fees for contractor performance that has
    been judged to be below satisfactory performance or for performance
    that does not meet the basic requirements of a contract.
        Sec. 552.  None of the funds appropriated or otherwise made
    available by this Act may be used by the Department of Homeland
    Security to enter into any Federal contract unless such contract is
    entered into in accordance with the requirements of the Federal
    Property and Administrative Services Act of 1949 (41 U.S.C. 253) or
    chapter 137 of title 10, United States Code, and the Federal
    Acquisition Regulation, unless such contract is otherwise authorized by
    statute to be entered into without regard to the above referenced
    statutes.

                         (including transfers of funds)

        Sec. 553. (a) Funds made available by this Act solely for data
    center migration may be transferred by the Secretary between
    appropriations for the same purpose, notwithstanding section 503 of
    this Act.
        (b) No transfer described in (a) shall occur until 15 days after
    the Committees on Appropriations of the Senate and the House of
    Representatives are notified of such transfer.
        Sec. 554.  The administrative law judge annuitants participating in
    the Senior Administrative Law Judge Program managed by the Director of
    the Office of Personnel Management under section 3323 of title 5,
    United States Code, shall be available on a temporary re-employment
    basis to conduct arbitrations of disputes as part of the arbitration
    panel established by the President under section 601 of division A of
    the American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
    123 Stat. 164).
        Sec. 555.  For an additional amount for the ``Office of the Under
    Secretary for Management'', $270,800,000 to remain available until
    expended for necessary expenses to plan, acquire, construct, renovate,
    remediate, equip, furnish, and occupy buildings and facilities to
    consolidate the Department of Homeland Security headquarters at St.
    Elizabeths, and for associated mission support lease consolidation:
    Provided, That the Committees on Appropriations of the Senate and House
    of Representatives shall receive an expenditure plan no later than 60
    days after the date of enactment of this Act detailing the allocation
    of these funds.

                         (including transfers of funds)

        Sec. 556.  For an additional amount for the ``Office of the Under
    Secretary for Management'', $10,000,000, to increase the acquisition
    workforce capacity and capabilities of the Department of Homeland
    Security: Provided, That such funds may be transferred by the Under
    Secretary for Management to any other account in the Department to
    carry out the purposes provided herein: Provided further, That such
    transfer authority is in addition to any other transfer authority
    provided in this Act, but no transfer shall occur until 15 days after
    the Committees on Appropriations of the Senate and the House of
    Representatives are notified of such transfer: Provided further, That
    any such notification shall include an expenditure plan that outlines
    the amount of funds to be obligated, the number of personnel to be
    hired and the details of any other intended uses of these funds:
    Provided further, That such funds shall be available only to supplement
    and not to supplant existing acquisition workforce activities: Provided
    further, That such funds shall be available for training, recruitment,
    retention, and hiring additional members of the acquisition workforce
    as defined by the Office of Federal Procurement Policy Act (41 U.S.C.
    401 et seq.): Provided further, That such funds shall be available for
    information technology in support of acquisition workforce
    effectiveness or for management solutions to improve acquisition
    management.
        Sec. 557.  Section 559(e) of the Department of Homeland Security
    Appropriations Act, 2010 (Public Law 111-83) is amended--
                (1) in the matter preceding the first proviso, by striking
            ``law, sell'' and inserting ``law, hereafter sell''; and
                (2) in the first proviso---
                        (A) by striking ``shall be deposited'' and
                    inserting ``shall hereafter be deposited''; and
                        (B) by striking ``subject to appropriation,'' and
                    inserting ``without further appropriations,''.
        Sec. 558. (a) Not later than 180 days after the date of enactment
    of this Act, the Assistant Secretary of Homeland Security
    (Transportation Security Administration) shall submit to the Committees
    on Appropriations of the Senate and the House of Representatives, a
    report that either--
                (1) certifies that the requirement for screening all air
            cargo on passenger aircraft by the deadline under section
            44901(g) of title 49, United States Code, has been met; or
                (2) includes a strategy to comply with the requirements
            under title 44901(g) of title 49, United States Code,
            including--
                        (A) a plan to meet the requirement under section
                    44901(g) of title 49, United States Code, to screen 100
                    percent of air cargo transported on passenger aircraft
                    arriving in the United States in foreign air
                    transportation (as that term is defined in section
                    40102 of that title); and
                        (B) specification of--
                                (i) the percentage of such air cargo that
                            is being screened; and
                                (ii) the schedule for achieving screening
                            of 100 percent of such air cargo.
        (b) The Assistant Secretary shall continue to submit reports
    described in subsection (a)(2) every 180 days thereafter until the
    Assistant Secretary certifies that the Transportation Security
    Administration has achieved screening of 100 percent of such air cargo.
        Sec. 559.  In developing any process to screen aviation passengers
    and crews for transportation or national security purposes, the
    Secretary of Homeland Security shall ensure that any processes
    developed take into consideration such passengers' and crews' privacy
    and civil liberties consistent with applicable laws, regulations, and
    guidance.
        Sec. 560.  Notwithstanding any other provision of law, should the
    Secretary of Homeland Security determine that specific U.S. Immigration
    and Customs Enforcement Service Processing Centers or other U.S.
    Immigration and Customs Enforcement owned detention facilities no
    longer meet the mission need, the Secretary is authorized to dispose of
    individual Service Processing Centers or other U.S. Immigration and
    Customs Enforcement owned detention facilities by directing the
    Administrator of General Services to sell all real and related personal
    property which support Service Processing Centers or other U.S.
    Immigration and Customs Enforcement owned detention facilities, subject
    to such terms and conditions as necessary to protect Government
    interests and meet program requirements: Provided, That the proceeds,
    net of the costs of sale incurred by the General Services
    Administration and U.S. Immigration and Customs Enforcement, shall be
    deposited as offsetting collections into a separate account that shall
    be available, subject to appropriation, until expended for other real
    property capital asset needs of existing U.S. Immigration and Customs
    Enforcement assets, excluding daily operations and maintenance costs,
    as the Secretary deems appropriate: Provided further, That any sale or
    collocation of federally owned detention facilities shall not result in
    the maintenance of fewer than 33,400 detention beds: Provided further,
    That the Committees on Appropriations of the Senate and the House of
    Representatives shall be notified 15 days prior to the announcement of
    any proposed sale or collocation.
        Sec. 561. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of title
    49, United States Code, is amended--
                (1) by striking ``or chapter 449'' and inserting ``chapter
            449''; and
                (2) by inserting ``, or section 46314(a)'' after
            ``44909)''.
        (b) Criminal Penalties.--Section 46314(b) of title 49, United
    States Code, is amended to read as follows:
        ``(b) Criminal Penalty.--A person violating subsection (a) of this
    section shall be fined under title 18, imprisoned for not more than 10
    years, or both.''.
        (c) Notice of Penalties.--Section 46314 of title 49, United States
    Code, is amended by adding at the end the following new subsection:
        ``(c) Notice of Penalties.--
                ``(1) In general.--Each operator of an airport in the
            United States that is required to establish an air
            transportation security program pursuant to section 44903(c)
            shall ensure that signs that meet such requirements as the
            Secretary of Homeland Security may prescribe providing notice
            of the penalties imposed under sections 46301(a)(5)(A)(i) and
            subsection (b) of this section, are displayed near all
            screening locations, all locations where passengers exit the
            sterile area, and such other locations at the airport as the
            Secretary of Homeland Security determines appropriate.
                ``(2) Effect of signs on penalties.--An individual shall be
            subject to the penalty provided for under section
            46301(a)(5)(A)(i) and subsection (b) of this section without
            regard to whether signs are displayed at an airport as required
            by paragraph (1).''.
        Sec. 562.  Section 301(b) of the McKinney-Vento Homeless Assistance
    Act (42 U.S.C. 11331(b)) is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) United Way Worldwide.''; and
                (2) by striking paragraph (5) and inserting the following:
                ``(5) The Jewish Federations of North America, Inc.''.
        Sec. 563.  Lot 1 of the Morning Heights Subdivision, Lot 2 and PT
    ST of the Morning Heights Subdivision, Lot 1 and PT ST of the Bayless
    Addition, and Lot 24 of the Bayless Addition in Findlay, Ohio, shall be
    available for construction and operation of portions of a flood control
    levee if a feasibility study completed by the Chief of Engineers, of
    the civil works program, of the United States Army Corps of Engineers
    indicates that such construction is the most appropriate and cost-
    effective flood risk management project for the area: Provided, That
    those portions of the properties identified by the Chief of Engineers
    for construction and operation of portions of the flood control levee
    pursuant to the preceding proviso shall be excepted from section
    404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, and those portions of the named properties that are not
    used to construct and operate portions of said flood control levee
    shall remain deeded as open space in perpetuity, in accordance with
    section 404(b)(2)(B).

                         (including transfers of funds)

        Sec. 564.  Notwithstanding the 10 percent limitation contained in
    section 503(c) of this Act, the Secretary of Homeland Security may
    transfer to the fund established by 8 U.S.C. 1101 (note), up to
    $20,000,000 from appropriations available to the Department of Homeland
    Security: Provided, That the Secretary shall notify the Committees on
    Appropriations of the Senate and the House of Representatives 5 days in
    advance of such transfer.

                         (including transfers of funds)

        Sec. 565. (a) The Secretary of Homeland Security may transfer to
    the Secretary of the Interior amounts available for environmental
    mitigation requirements for ``U.S. Customs and Border Protection--
    Border Security Fencing, Infrastructure, and Technology'' for fiscal
    year 2009 or thereafter, for use by the Secretary of the Interior under
    laws administered by such Secretary to mitigate adverse environmental
    impacts, including impact on species listed under the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.) resulting from
    construction, operation, and maintenance activities related to border
    security.
        (b) Uses of funds authorized by this section include acquisition of
    land or interests in land that will, in the judgment of the Secretary
    of the Interior, mitigate or offset such adverse impacts.
        (c) Any funds transferred under this section shall be used in
    accordance with an agreement between the Secretaries.
        (d) Not later than September 30, 2011, and on an annual basis
    thereafter, the Secretary of the Interior, in consultation with the
    Secretary of Homeland Security, shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives a report
    that describes in detail the actions taken in the preceding year with
    amounts transferred under this section.
        Sec. 566. (a) Subject to subsection (b), for fiscal year 2011, the
    Coast Guard may enter into Economy Act Agreements (31 U.S.C. 1535) with
    the Secretary of the Navy for the disposal of Coast Guard vessels
    pursuant to the authority, terms and conditions set forth in 10 U.S.C.
    7305 and 7305a.
        (b) Any agreement entered into under subsection (a) shall be at no
    additional cost to the United States Navy.
        Sec. 567.  For fiscal year 2011 and hereafter, U.S. Customs and
    Border Protection's Advanced Training Center is authorized to charge
    fees for any service and/or thing of value it provides to Federal
    Government or non-government entities or individuals, so long as the
    fees charged do not exceed the full costs associated with the service
    or thing of value provided: Provided, That notwithstanding 31 U.S.C.
    3302(b), fees collected by the Advanced Training Center are to be
    deposited into a separate account entitled the ``Advanced Training
    Center Revolving Fund'', and be available, without further
    appropriations, for necessary expenses of the Advanced Training Center
    program, and are to remain available until expended.
        Sec. 568.  Notwithstanding any other provision of law, including
    any agreement, the Federal share of assistance, including direct
    Federal assistance provided under sections 403, 406, and 407 of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5140b, 5172, and 5173), for damages resulting from FEMA-1867-DR,
    FEMA-1873-DR, FEMA-1889-DR, and FEMA-1897-DR shall not be less than 90
    percent of the eligible costs under such sections.
        Sec. 569.  The Administrator of the Federal Emergency Management
    Agency shall consider as non-discretionary the decision to award grants
    for the construction and equipping of any interoperable communications
    system for which construction was initiated before June 1, 2009, for
    which grant applications were made under section 573 of division E of
    the Consolidated Appropriations Act, 2008 (Public Law 110-161), section
    10501 of division B of the Consolidated Security, Disaster Assistance,
    and Continuing Appropriations Act, 2009 (Public Law 110-329), or
    section 603 of the Supplemental Appropriations Act, 2009 (Public Law
    111-32).

                                  rescissions

        Sec. 570.  The following unobligated balances made available
    pursuant to section 505 of Public Law 111-83 are rescinded: $886,665
    from the ``Office of the Secretary and Executive Management''; $603,638
    from the ``Office of the Under Secretary for Management''; $24,379 from
    the ``Office of the Chief Financial Officer''; $29,736 from the
    ``Office of the Chief Information Officer''; $183,762 from ``Analysis
    and Operations''; $76,498 from the ``Office of the Federal Coordinator
    for Gulf Coast Rebuilding''; $152,735 from the ``Office of Inspector
    General''; $7,610,588 from U.S. Customs and Border Protection
    ``Salaries and Expenses''; $3,443,644 from U.S. Immigration and Customs
    Enforcement ``Salaries and Expenses''; $4,542,980 from the
    Transportation Security Administration ``Federal Air Marshals'';
    $246,435 from Coast Guard ``Operating Expenses''; $2,965,312 from Coast
    Guard ``Reserve Training''; $83,784 from National Protection and
    Programs Directorate ``Management and Administration''; $551,737 from
    National Protection and Programs Directorate ``Infrastructure
    Protection and Information Security''; $700,167 from United States
    Secret Service ``Salaries and Expenses''; $863,628 from Federal
    Emergency Management Agency ``Management and Administration''; $837,953
    from ``Office of Health Affairs''; $32,945,983 from ``United States
    Citizenship and Immigration Services''; $927,823 from Federal Law
    Enforcement Training Center ``Salaries and Expenses''; $346,637 from
    Science and Technology ``Management and Administration''; and $42,257
    from Domestic Nuclear Detection Office ``Management and
    Administration''.
        Sec. 571.  Of the unobligated balances available in the Department
    of the Treasury Forfeiture Fund established by section 9703 of title
    31, United States Code, that was added to such title by section 638 of
    Public Law 102-393, $22,600,000 are rescinded.
        Sec. 572.  From the unobligated balances for ``Operations'' of
    funds transferred to the Department of Homeland Security when it was
    created in 2003, $1,891,657 are rescinded.
        Sec. 573.  From the unobligated balances of prior year
    appropriations made available for U.S. Customs and Border Protection
    ``Automation Modernization'', $10,000,000 are rescinded.
        Sec. 574.  From the unobligated balances of prior year
    appropriations made available for U.S. Customs and Border Protection
    ``Border Security Fencing, Infrastructure, and Technology'',
    $68,000,000 are rescinded.
        Sec. 575.  Of the unobligated balances available for U.S. Customs
    and Border Protection ``Construction'' for construction projects in
    prior year appropriations, $99,772,000 are rescinded: Provided, That
    amounts rescinded shall be limited to Border Patrol projects and
    facilities: Provided further, That no amounts may be rescinded from
    amounts that were designated by Congress as an emergency requirement
    pursuant to a concurrent resolution on the budget or the Balanced
    Budget and Emergency Deficit Control Act of 1985.
        Sec. 576.  From the unobligated balances of funds for the ``Violent
    Crime Reduction Program'' transferred to the Department of Homeland
    Security when it was established in 2003, $4,912,245 are rescinded.
        Sec. 577.  From the unobligated balances of prior year
    appropriations made available for U.S. Customs and Border Protection,
    ``Salaries and Expenses'' transferred to the Department of Homeland
    Security when it was established in 2003, $18,122,393 are rescinded.
        Sec. 578.  From the unobligated balances of prior year
    appropriations made available for Transportation Security
    Administration, $15,000,000 are rescinded: Provided, That the
    Transportation Security Administration shall not rescind any
    unobligated balances from the following programs: explosives detection
    systems; checkpoint support; aviation regulation and other enforcement;
    and air cargo.
        Sec. 579.  From the unobligated balances of prior year
    appropriations made available for National Protection and Programs
    Directorate ``Infrastructure Protection and Information Security'' the
    following amounts are rescinded--
                (1) $6,000,000 from Next Generation Networks; and
                (2) $9,600,000 to be specified in a report to the
            Committees on Appropriations of the Senate and the House of
            Representatives which describes the amounts rescinded and the
            original purpose of such funds no later than 15 days after the
            date of enactment of this Act.
        Sec. 580.  From the unobligated balances of prior year
    appropriations made available for the Federal Emergency Management
    Agency ``National Pre-Disaster Mitigation Fund'', $18,173,641 are
    rescinded.
        Sec. 581.  From the unobligated balances of funds for the ``Office
    for Domestic Preparedness'' transferred to the Department of Homeland
    Security when it was established in 2003, $10,568,964 are rescinded.
        Sec. 582.  From the unobligated balances of prior year
    appropriations made available for United States Visitor and Immigrant
    Status Indicator Technology, $28,000,000 are rescinded: Provided, That
    none of these rescissions may be taken from the $50,000,000 in
    unobligated balances of prior-year appropriations made available for a
    biometric air exit capability.
        Sec. 583.  From unobligated balances of prior year appropriations
    made available for United States Citizenship and Immigration Services
    for the program commonly known as the ``REAL ID hub'', $18,500,000 are
    rescinded.
        Sec. 584.  From the unobligated balances of prior year
    appropriations made available for Science and Technology ``Research,
    Development, Acquisition, and Operations'', $62,900,000 are rescinded:
    Provided, That this rescission shall not apply to funds made available
    for Laboratory Facilities in Public Law 111-83.
        Sec. 585.  From the unobligated balances of prior year
    appropriations made available for Domestic Nuclear Detection Office
    ``Research, Development, and Operations'', $27,000,000 are rescinded.
        Sec. 586.  From the unobligated balances made available for Coast
    Guard ``Operating Expenses'' in chapter 6 of title I of Public Law 111-
    212, $5,000,000 are rescinded.
        Sec. 587.  From the unobligated balances made available for
    ``United States Citizenship and Immigration Services'' in chapter 6 of
    title I of Public Law 111-212, $6,500,000 are rescinded.
        Sec. 588.  From the unobligated balances made available for Coast
    Guard ``Acquisition, Construction, and Improvements'' in chapter 5 of
    title I of division B of Public Law 110-329, $7,000,000 are rescinded.
        Sec. 589.  From the unobligated balances made available for
    Transportation Security Administration ``Aviation Security'' in chapter
    5 of title III of Public Law 110-28, $18,345,000 are rescinded.
        Sec. 590.  From the unobligated balances made available for
    ``Office of the Secretary and Executive Management'' in chapter 4 of
    title II of division B of Public Law 109-148, $196,653 are rescinded.
        This division may be cited as the ``Department of Homeland Security
    Appropriations Act, 2011''.

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

                                    TITLE I

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       management of lands and resources

        For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law,
    in the management of lands and their resources under the jurisdiction
    of the Bureau of Land Management, including the general administration
    of the Bureau, and assessment of mineral potential of public lands
    pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $954,633,000, to
    remain available until expended; of which $4,000,000 shall be available
    in fiscal year 2011 subject to a match by at least an equal amount by
    the National Fish and Wildlife Foundation for cost-shared projects
    supporting conservation of Bureau lands; and such funds shall be
    advanced to the Foundation as a lump sum grant without regard to when
    expenses are incurred.
        In addition, $45,500,000 is for the processing of applications for
    permit to drill and related use authorizations, to remain available
    until expended, to be reduced by amounts collected by the Bureau and
    credited to this appropriation that shall be derived from $6,500 per
    new application for permit to drill that the Bureau shall collect upon
    submission of each new application, and in addition, $20,000,000 is for
    conducting oil and gas inspection activities, to remain available until
    expended, to be reduced by amounts collected by the Bureau and credited
    to this appropriation that shall be derived from fees that the Bureau
    shall collect to offset inspection costs, as provided for in this Act,
    and in addition, $36,696,000 is for Mining Law Administration program
    operations, including the cost of administering the mining claim fee
    program; to remain available until expended, to be reduced by amounts
    collected by the Bureau and credited to this appropriation from mining
    claim maintenance fees and location fees that are hereby authorized for
    fiscal year 2011 so as to result in a final appropriation estimated at
    not more than $954,633,000, and $2,000,000, to remain available until
    expended, from communication site rental fees established by the Bureau
    for the cost of administering communication site activities.

                                  construction

        For construction of buildings, recreation facilities, roads,
    trails, and appurtenant facilities, $4,066,000, to remain available
    until expended.

                                land acquisition

        For expenses necessary to carry out sections 205, 206, and 318(d)
    of Public Law 94-579, including administrative expenses and acquisition
    of lands or waters, or interests therein, $36,550,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

                       oregon and california grant lands

        For expenses necessary for management, protection, and development
    of resources and for construction, operation, and maintenance of access
    roads, reforestation, and other improvements on the revested Oregon and
    California Railroad grant lands, on other Federal lands in the Oregon
    and California land-grant counties of Oregon, and on adjacent rights-
    of-way; and acquisition of lands or interests therein, including
    existing connecting roads on or adjacent to such grant lands;
    $111,759,000, to remain available until expended: Provided, That 25
    percent of the aggregate of all receipts during the current fiscal year
    from the revested Oregon and California Railroad grant lands is hereby
    made a charge against the Oregon and California land-grant fund and
    shall be transferred to the General Fund in the Treasury in accordance
    with the second paragraph of subsection (b) of title II of the Act of
    August 28, 1937 (50 Stat. 876).

                               range improvements

        For rehabilitation, protection, and acquisition of lands and
    interests therein, and improvement of Federal rangelands pursuant to
    section 401 of the Federal Land Policy and Management Act of 1976 (43
    U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
    of all moneys received during the prior fiscal year under sections 3
    and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
    designated for range improvements from grazing fees and mineral leasing
    receipts from Bankhead-Jones lands transferred to the Department of the
    Interior pursuant to law, but not less than $10,000,000, to remain
    available until expended: Provided, That not to exceed $600,000 shall
    be available for administrative expenses.

                   service charges, deposits, and forfeitures

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be
    collected under Public Law 94-579, as amended, and Public Law 93-153,
    to remain available until expended: Provided, That, notwithstanding any
    provision to the contrary of section 305(a) of Public Law 94-579 (43
    U.S.C. 1735(a)), any moneys that have been or will be received pursuant
    to that section, whether as a result of forfeiture, compromise, or
    settlement, if not appropriate for refund pursuant to section 305(c) of
    that Act (43 U.S.C. 1735(c)), shall be available and may be expended
    under the authority of this Act by the Secretary to improve, protect,
    or rehabilitate any public lands administered through the Bureau of
    Land Management which have been damaged by the action of a resource
    developer, purchaser, permittee, or any unauthorized person, without
    regard to whether all moneys collected from each such action are used
    on the exact lands damaged which led to the action: Provided further,
    That any such moneys that are in excess of amounts needed to repair
    damage to the exact land for which funds were collected may be used to
    repair other damaged public lands.

                           miscellaneous trust funds

        In addition to amounts authorized to be expended under existing
    laws, there is hereby appropriated such amounts as may be contributed
    under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
    such amounts as may be advanced for administrative costs, surveys,
    appraisals, and costs of making conveyances of omitted lands under
    section 211(b) of that Act, to remain available until expended.

                           administrative provisions

        The Bureau of Land Management may carry out the operations funded
    under this Act by direct expenditure, contracts, grants, cooperative
    agreements and reimbursable agreements with public and private
    entities, including with States. For October 1, 2010 and hereafter, in
    carrying out work involving cooperation with any State or political
    subdivision thereof, the Bureau may record obligations against accounts
    receivable from any such entities. Appropriations for the Bureau shall
    be available for purchase, erection, and dismantlement of temporary
    structures, and alteration and maintenance of necessary buildings and
    appurtenant facilities to which the United States has title; up to
    $100,000 for payments, at the discretion of the Secretary, for
    information or evidence concerning violations of laws administered by
    the Bureau; miscellaneous and emergency expenses of enforcement
    activities authorized or approved by the Secretary and to be accounted
    for solely on the Secretary's certificate, not to exceed $10,000:
    Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under
    cooperative cost-sharing and partnership arrangements authorized by
    law, procure printing services from cooperators in connection with
    jointly produced publications for which the cooperators share the cost
    of printing either in cash or in services, and the Bureau determines
    the cooperator is capable of meeting accepted quality standards:
    Provided further, That projects to be funded pursuant to a written
    commitment by a State government to provide an identified amount of
    money in support of the project may be carried out by the Bureau on a
    reimbursable basis. Appropriations herein made shall not be available
    for the destruction of healthy, unadopted, wild horses and burros in
    the care of the Bureau or its contractors or for the sale of wild
    horses and burros that results in their destruction for processing into
    commercial products: Provided further, That the Secretary of the
    Interior may enter into multiyear cooperative agreements with nonprofit
    organizations and other appropriate entities, and may enter into
    multiyear contracts in accordance with the provisions of section 304B
    of the Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 254c) (except that the 5 year term restriction in subsection (d)
    shall not apply), for the long-term care and maintenance of excess wild
    horses and burros by such organizations or entities on private land.
    Such cooperative agreements and contracts may not exceed 10 years,
    subject to renewal at the discretion of the Secretary.

                    United States Fish and Wildlife Service

                              resource management

        For necessary expenses of the United States Fish and Wildlife
    Service, as authorized by law, and for scientific and economic studies,
    general administration, and for the performance of other authorized
    functions related to such resources, $1,296,770,000, to remain
    available until September 30, 2012 except as otherwise provided herein:
    Provided, That not to exceed $21,945,000 shall be used for implementing
    subsections (a), (b), (c), and (e) of section 4 of the Endangered
    Species Act, as amended, (except for processing petitions, developing
    and issuing proposed and final regulations, and taking any other steps
    to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i),
    or (c)(2)(B)(ii)), of which not to exceed $10,548,000 shall be used for
    any activity regarding the designation of critical habitat, pursuant to
    subsection (a)(3), excluding litigation support, for species listed
    pursuant to subsection (a)(1) prior to October 1, 2010; of which not to
    exceed $1,500,000 shall be used for implementing subsections (a), (b),
    (c), and (e) of section 4 of the Endangered Species Act, as amended,
    for species that are not indigenous to the United States: Provided
    further, That, in fiscal year 2011 and hereafter of the amount
    available for law enforcement, up to $400,000, to remain available
    until expended, may at the discretion of the Secretary be used for
    payment for information, rewards, or evidence concerning violations of
    laws administered by the Service, and miscellaneous and emergency
    expenses of enforcement activity, authorized or approved by the
    Secretary and to be accounted for solely on the Secretary's
    certificate.

                                  construction

        For construction, improvement, acquisition, or removal of buildings
    and other facilities required in the conservation, management,
    investigation, protection, and utilization of fishery and wildlife
    resources, and the acquisition of lands and interests therein;
    $35,676,000, to remain available until expended.

                                land acquisition

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of land or waters, or
    interest therein, in accordance with statutory authority applicable to
    the United States Fish and Wildlife Service, $101,925,000, to be
    derived from the Land and Water Conservation Fund and to remain
    available until expended, of which, notwithstanding 16 U.S.C. 460l-9,
    not more than $5,000,000 shall be for land conservation partnerships
    authorized by the Highlands Conservation Act of 2004, including not to
    exceed $160,000 for administrative expenses: Provided, That none of the
    funds appropriated for specific land acquisition projects may be used
    to pay for any administrative overhead, planning or other management
    costs.

                cooperative endangered species conservation fund

        For expenses necessary to carry out section 6 of the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $85,000,000,
    to remain available until expended, of which $35,000,000 is to be
    derived from the Cooperative Endangered Species Conservation Fund, of
    which $4,987,000 shall be for the Idaho Salmon and Clearwater River
    Basins Habitat Account pursuant to the Snake River Water Rights Act of
    2004; and of which $50,000,000 is to be derived from the Land and Water
    Conservation Fund.

                         national wildlife refuge fund

        For expenses necessary to implement the Act of October 17, 1978 (16
    U.S.C. 715s), $14,500,000.

                   north american wetlands conservation fund

        For expenses necessary to carry out the provisions of the North
    American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414),
    $45,000,000, to remain available until expended.

                    neotropical migratory bird conservation

        For expenses necessary to carry out the Neotropical Migratory Bird
    Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,000,000, to
    remain available until expended.

                    multinational species conservation fund

        For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246,
    and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
    4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
    5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
    6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
    6606), $12,000,000, to remain available until expended.

                        state and tribal wildlife grants

        For wildlife conservation grants to States and to the District of
    Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
    Northern Mariana Islands, American Samoa, and Indian tribes under the
    provisions of the Fish and Wildlife Act of 1956 and the Fish and
    Wildlife Coordination Act, for the development and implementation of
    programs for the benefit of wildlife and their habitat, including
    species that are not hunted or fished, $90,000,000, to remain available
    until expended: Provided, That of the amount provided herein,
    $7,000,000 is for a competitive grant program for Indian tribes not
    subject to the remaining provisions of this appropriation: Provided
    further, That $5,000,000 is for a competitive grant program for States,
    territories, and other jurisdictions with approved plans, not subject
    to the remaining provisions of this appropriation: Provided further,
    That the Secretary shall, after deducting $12,000,000 and
    administrative expenses, apportion the amount provided herein in the
    following manner: (1) to the District of Columbia and to the
    Commonwealth of Puerto Rico, each a sum equal to not more than one-half
    of 1 percent thereof; and (2) to Guam, American Samoa, the United
    States Virgin Islands, and the Commonwealth of the Northern Mariana
    Islands, each a sum equal to not more than one-fourth of 1 percent
    thereof: Provided further, That the Secretary shall apportion the
    remaining amount in the following manner: (1) one-third of which is
    based on the ratio to which the land area of such State bears to the
    total land area of all such States; and (2) two-thirds of which is
    based on the ratio to which the population of such State bears to the
    total population of all such States: Provided further, That the amounts
    apportioned under this paragraph shall be adjusted equitably so that no
    State shall be apportioned a sum which is less than 1 percent of the
    amount available for apportionment under this paragraph for any fiscal
    year or more than 5 percent of such amount: Provided further, That the
    Federal share of planning grants shall not exceed 75 percent of the
    total costs of such projects and the Federal share of implementation
    grants shall not exceed 50 percent of the total costs of such projects:
    Provided further, That the non-Federal share of such projects may not
    be derived from Federal grant programs: Provided further, That any
    amount apportioned in 2011 to any State, territory, or other
    jurisdiction that remains unobligated as of September 30, 2012, shall
    be reapportioned, together with funds appropriated in 2013, in the
    manner provided herein.

                           administrative provisions

        The Fish and Wildlife Service may carry out the operations of
    Service programs by direct expenditure, contracts, grants, cooperative
    agreements and reimbursable agreements with public and private
    entities. Appropriations and funds available to the United States Fish
    and Wildlife Service shall be available for repair of damage to public
    roads within and adjacent to reservation areas caused by operations of
    the Service; options for the purchase of land at not to exceed $1 for
    each option; facilities incident to such public recreational uses on
    conservation areas as are consistent with their primary purpose; and
    the maintenance and improvement of aquaria, buildings, and other
    facilities under the jurisdiction of the Service and to which the
    United States has title, and which are used pursuant to law in
    connection with management, and investigation of fish and wildlife
    resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
    may, under cooperative cost sharing and partnership arrangements
    authorized by law, procure printing services from cooperators in
    connection with jointly produced publications for which the cooperators
    share at least one-half the cost of printing either in cash or services
    and the Service determines the cooperator is capable of meeting
    accepted quality standards: Provided further, That the Service may
    accept donated aircraft as replacements for existing aircraft.

                             National Park Service

                     operation of the national park system

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service (including expenses to carry out programs of the United States
    Park Police), and for the general administration of the National Park
    Service, $2,298,577,000, of which $9,943,000 for planning and
    interagency coordination in support of Everglades restoration and
    $98,092,000 for maintenance, repair or rehabilitation projects for
    constructed assets, operation of the National Park Service automated
    facility management software system, and comprehensive facility
    condition assessments shall remain available until September 30, 2012.

                      national recreation and preservation

        For expenses necessary to carry out recreation programs, natural
    programs, cultural programs, heritage partnership programs,
    environmental compliance and review, international park affairs,
    statutory or contractual aid for other activities, and grant
    administration, not otherwise provided for, $67,958,000, of which
    $3,000,000 under section 7301(b) of the Omnibus Public Land Management
    Act of 2009 (Public Law 111-11) shall be available for competitive
    grants for programs and projects related to the sesquicentennial of the
    American Civil War.

                           historic preservation fund

        For expenses necessary in carrying out the Historic Preservation
    Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
    Public Lands Management Act of 1996 (Public Law 104-333), $78,000,000,
    to be derived from the Historic Preservation Fund and to remain
    available until September 30, 2012; of which $20,000,000 shall be for
    Save America's Treasures grants as authorized by section 7303 of the
    Omnibus Public Land Management Act of 2009 (Public Law 111-11).

                                  construction

        For construction, improvements, repair or replacement of physical
    facilities, including modifications authorized by section 104 of the
    Everglades National Park Protection and Expansion Act of 1989,
    $197,105,000, to remain available until expended: Provided, That for
    fiscal year 2011, funds provided in this account shall be available,
    not to exceed $4,000,000, for further payments consistent with an
    agreement signed by the Secretary of the Interior that supersedes the
    agreement of July 30, 1943 (relating to the construction of the North
    Shore Road from the eastern boundary of Great Smoky Mountains National
    Park), and such payments shall be considered construction,
    improvements, repair or replacement of physical facilities for purposes
    of this account: Provided further, That notwithstanding any other
    provision of law, a single procurement for phase 1 of the National Mall
    improvement project number 151515, may be issued that includes the full
    scope of this phase of the project, so long as the solicitation and
    contract shall contain the clause ``availability of appropriated
    funds'' found in CFR section 52.232.18 of title 48: Provided further,
    That the National Park Service may acquire through donation, land near
    Great Smoky Mountains National Park and adjacent to the Great Smoky
    Mountains Heritage Museum, in Townsend, Tennessee for the purpose of
    constructing a curatorial storage facility for the park.

                        land and water conservation fund

                                  (rescission)

        The contract authority provided for fiscal year 2011 by 16 U.S.C.
    460l-10a is rescinded.

                     land acquisition and state assistance

        For expenses necessary to carry out the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of lands or waters, or
    interest therein, in accordance with the statutory authority applicable
    to the National Park Service, $143,423,000, to be derived from the Land
    and Water Conservation Fund and to remain available until expended, of
    which $50,000,000 is for the State assistance program and of which
    $6,000,000 shall be for the American Battlefield Protection Program
    grants as authorized by section 7301 of the Omnibus Public Land
    Management Act of 2009 (Public Law 111-11): Provided, That
    notwithstanding sections 6(b)(3) and 6(c) of the Land and Water
    Conservation Fund Act of 1965, as amended, payments to any State
    through a competitive demonstration grants program shall not be counted
    towards an individual State's total allocation subject to the 10 per
    centum annual limitation and shall not cover more than 70 per centum of
    the total cost of the demonstration grant project.

                           administrative provisions

                         (including transfer of funds)

        In addition to other uses set forth in section 407(d) of Public Law
    105-391, franchise fees credited to a sub-account shall be available
    for expenditure by the Secretary, without further appropriation, for
    use at any unit within the National Park System to extinguish or reduce
    liability for Possessory Interest or leasehold surrender interest. Such
    funds may only be used for this purpose to the extent that the
    benefitting unit anticipated franchise fee receipts over the term of
    the contract at that unit exceed the amount of funds used to extinguish
    or reduce liability. Franchise fees at the benefitting unit shall be
    credited to the sub-account of the originating unit over a period not
    to exceed the term of a single contract at the benefitting unit, in the
    amount of funds so expended to extinguish or reduce liability.
        For the costs of administration of the Land and Water Conservation
    Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
    Energy Security Act of 2006 (Public Law 109-432), the National Park
    Service may retain up to 3 percent of the amounts which are authorized
    to be disbursed under such section, such retained amounts to remain
    available until expended.
        National Park Service funds may be transferred to the Federal
    Highway Administration (FHWA), Department of Transportation, for
    purposes authorized under 23 U.S.C. 204. Transfers may include a
    reasonable amount for FHWA administrative support costs.

                        United States Geological Survey

                     surveys, investigations, and research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); conduct
    inquiries into the economic conditions affecting mining and materials
    processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
    and related purposes as authorized by law; and to publish and
    disseminate data relative to the foregoing activities; $1,154,179,000,
    to remain available until September 30, 2012, of which $65,598,000
    shall be available only for cooperation with States or municipalities
    for water resources investigations; of which $53,500,000 shall remain
    available until expended for satellite operations; of which $4,807,000
    shall be available until expended for deferred maintenance and capital
    improvement projects that exceed $100,000 in cost; and of which
    $2,000,000 shall be available to fund the operating expenses for the
    Civil Applications Committee: Provided, That none of the funds provided
    for the biological research activity shall be used to conduct new
    surveys on private property, unless specifically authorized in writing
    by the property owner: Provided further, That no part of this
    appropriation shall be used to pay more than one-half the cost of
    topographic mapping or water resources data collection and
    investigations carried on in cooperation with States and
    municipalities.

                           administrative provisions

        From within the amount appropriated for activities of the United
    States Geological Survey such sums as are necessary shall be available
    for reimbursement to the General Services Administration for security
    guard services; contracting for the furnishing of topographic maps and
    for the making of geophysical or other specialized surveys when it is
    administratively determined that such procedures are in the public
    interest; construction and maintenance of necessary buildings and
    appurtenant facilities; acquisition of lands for gauging stations and
    observation wells; expenses of the United States National Committee on
    Geology; and payment of compensation and expenses of persons on the
    rolls of the Survey duly appointed to represent the United States in
    the negotiation and administration of interstate compacts: Provided,
    That activities funded by appropriations herein made may be
    accomplished through the use of contracts, grants, or cooperative
    agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
    the United States Geological Survey may enter into contracts or
    cooperative agreements directly with individuals or indirectly with
    institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
    for the temporary or intermittent services of students or recent
    graduates, who shall be considered employees for the purpose of
    chapters 57 and 81 of title 5, United States Code, relating to
    compensation for travel and work injuries, and chapter 171 of title 28,
    United States Code, relating to tort claims, but shall not be
    considered to be Federal employees for any other purposes.

         Bureau of Ocean Energy Management, Regulation, and Enforcement

                   (formerly the minerals management service)

                    royalty and offshore minerals management

                         (including transfer of funds)

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of
    royalties, as authorized by law; for enforcing laws and regulations
    applicable to oil, gas, and other minerals leases, permits, licenses
    and operating contracts; for energy-related or other authorized marine-
    related purposes on the Outer Continental Shelf; and for matching
    grants or cooperative agreements, $221,113,000, to remain available
    until September 30, 2012, of which $113,174,000 shall be available for
    royalty management activities; and an amount not to exceed
    $154,890,000, to be credited to this appropriation and to remain
    available until expended, from additions to receipts resulting from
    increases to rates in effect on August 5, 1993, and from cost recovery
    fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year
    2011, such amounts as are assessed under 31 U.S.C. 9701 shall be
    collected and credited to this account and shall be available until
    expended for necessary expenses: Provided further, That to the extent
    $154,890,000 in addition to receipts are not realized from the sources
    of receipts stated above, the amount needed to reach $154,890,000 shall
    be credited to this appropriation from receipts resulting from rental
    rates for Outer Continental Shelf leases in effect before August 5,
    1993: Provided further, That for fiscal year 2011 and each fiscal year
    thereafter, the term ``qualified Outer Continental Shelf revenues'', as
    defined in section 102(9)(A) of the Gulf of Mexico Energy Security Act,
    division C of Public Law 109-432, shall include only the portion of
    rental revenues that would have been collected at the rental rates in
    effect before August 5, 1993: Provided further, That not to exceed
    $3,000 shall be available for reasonable expenses related to promoting
    volunteer beach and marine cleanup activities: Provided further, That
    notwithstanding any other provision of law, $15,000 under this heading
    shall be available for refunds of overpayments in connection with
    certain Indian leases in which the Director of the Bureau of Ocean
    Energy Management, Regulation, and Enforcement concurred with the
    claimed refund due, to pay amounts owed to Indian allottees or tribes,
    or to correct prior unrecoverable erroneous payments.
        For an additional amount, $60,000,000, to remain available until
    expended, which shall be derived from nonrefundable inspection fees
    collected in fiscal year 2011, as provided in this Act: Provided, That
    to the extent that such amounts are not realized from such fees, the
    amount needed to reach $60,000,000 shall be credited to this
    appropriation from receipts resulting from rental rates for Outer
    Continental Shelf leases in effect before August 5, 1993: Provided
    further, That to implement a reorganization of the Bureau of Ocean
    Energy Management, Regulation, and Enforcement the Secretary may
    establish accounts, transfer funds among and between the offices and
    bureaus affected by the reorganization, and take any other
    administrative actions necessary in conformance with the Appropriations
    Committees' reprogramming guidance (as described in House Report 111-
    316, the explanatory statement accompanying Public Law 111-88).

                               oil spill research

                         (including transfer of funds)

        For necessary expenses to carry out title I, section 1016, title
    IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
    the Oil Pollution Act of 1990, $11,768,000, which shall be derived from
    the Oil Spill Liability Trust Fund, to remain available until expended:
    Provided, That to implement a reorganization of the Bureau of Ocean
    Energy Management, Regulation, and Enforcement the Secretary may
    establish accounts, transfer funds among and between the offices and
    bureaus affected by the reorganization, and take any other
    administrative actions necessary in conformance with the Appropriations
    Committees' reprogramming guidance (as described in House Report 111-
    316, the explanatory statement accompanying Public Law 111-88).

                            administrative provision

        Notwithstanding the provisions of section 35(b) of the Mineral
    Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct
    2 percent from the amount payable to each State in fiscal year 2011 and
    deposit the amount deducted to miscellaneous receipts of the Treasury.

              Office of Surface Mining Reclamation and Enforcement

                           regulation and technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, $127,185,000, to remain available until September 30, 2012:
    Provided, That appropriations for the Office of Surface Mining
    Reclamation and Enforcement may provide for the travel and per diem
    expenses of State and tribal personnel attending Office of Surface
    Mining Reclamation and Enforcement sponsored training.

                        abandoned mine reclamation fund

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, as amended,
    $34,909,000, to be derived from receipts of the Abandoned Mine
    Reclamation Fund and to remain available until expended: Provided, That
    pursuant to Public Law 97-365, the Department of the Interior is
    authorized to use up to 20 percent from the recovery of the delinquent
    debt owed to the United States Government to pay for contracts to
    collect these debts: Provided further, That funds made available under
    title IV of Public Law 95-87 may be used for any required non-Federal
    share of the cost of projects funded by the Federal Government for the
    purpose of environmental restoration related to treatment or abatement
    of acid mine drainage from abandoned mines: Provided further, That such
    projects must be consistent with the purposes and priorities of the
    Surface Mining Control and Reclamation Act: Provided further, That
    amounts provided under this heading may be used for the travel and per
    diem expenses of State and tribal personnel attending Office of Surface
    Mining Reclamation and Enforcement sponsored training.

                            administrative provision

        With funds available for the Technical Innovation and Professional
    Services program in this Act, the Secretary may transfer title for
    computer hardware, software and other technical equipment to State and
    tribal regulatory and reclamation programs.

            Bureau of Indian Affairs and Bureau of Indian Education

                          operation of indian programs

                         (including transfer of funds)

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13), the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
    of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
    of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,404,029,000, to remain
    available until September 30, 2012 except as otherwise provided herein;
    of which not to exceed $8,500 may be for official reception and
    representation expenses; of which not to exceed $74,911,000 shall be
    for welfare assistance payments: Provided, That in cases of designated
    Federal disasters, the Secretary may exceed such cap, from the amounts
    provided herein, to provide for disaster relief to Indian communities
    affected by the disaster; and of which, notwithstanding any other
    provision of law, including but not limited to the Indian Self-
    Determination Act of 1975, as amended, not to exceed $187,526,000 shall
    be available for payments for contract support costs associated with
    ongoing contracts, grants, compacts, or annual funding agreements
    entered into with the Bureau prior to or during fiscal year 2011, as
    authorized by such Act, except that tribes, and tribal organizations,
    may use their tribal priority allocations for unmet contract support
    costs of ongoing contracts, grants, or compacts, or annual funding
    agreements and for unmet welfare assistance costs; of which not to
    exceed $590,111,000 for school operations costs of Bureau-funded
    schools and other education programs shall become available on July 1,
    2011, and shall remain available until September 30, 2012; Provided
    further, That notwithstanding any prohibitions in this Act, the Bureau
    shall fund the school operations costs of Jones Academy for the 2011-
    2012 school year in Hartshorne, Oklahoma for grades 1-6 as if Jones
    Academy were in the Bureau school system as of October 1, 1995 and in
    determining the academic ISEP formula pursuant to 25 CFR Part 39 for
    the 2011-2012 school year, Jones Academy shall be funded for academic
    ISEP based on its average student enrollment for the 2008-2009, 2009-
    2010, and 2010-2011 school years, and thereafter based on its three-
    year average enrollment determined pursuant to 25 CFR Part 39; and of
    which not to exceed $59,630,000 shall remain available until expended
    for housing improvement, road maintenance, attorney fees, litigation
    support, the Indian Self-Determination Fund, land records improvement,
    and the Navajo-Hopi Settlement Program: Provided further, That
    notwithstanding any other provision of law, including but not limited
    to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
    2008, not to exceed $46,373,000 within and only from such amounts made
    available for school operations shall be available for administrative
    cost grants associated with ongoing grants entered into with the Bureau
    prior to or during fiscal year 2010 for the operation of Bureau-funded
    schools, and up to $500,000 within and only from such amounts made
    available for administrative cost grants shall be available for the
    transitional costs of initial administrative cost grants to grantees
    that assume operation on or after July 1, 2010, of Bureau-funded
    schools: Provided further, That any forestry funds allocated to a tribe
    which remain unobligated as of September 30, 2012, may be transferred
    during fiscal year 2013 to an Indian forest land assistance account
    established for the benefit of the holder of the funds within the
    holder's trust fund account: Provided further, That any such
    unobligated balances not so transferred shall expire on September 30,
    2013: Provided further, That in order to enhance the safety of Bureau
    field employees, the Bureau may use funds to purchase uniforms or other
    identifying articles of clothing for personnel.

                                  construction

                         (including transfer of funds)

        For construction, repair, improvement, and maintenance of
    irrigation and power systems, buildings, utilities, and other
    facilities, including architectural and engineering services by
    contract; acquisition of lands, and interests in lands; and preparation
    of lands for farming, and for construction of the Navajo Indian
    Irrigation Project pursuant to Public Law 87-483, $125,723,000, to
    remain available until expended: Provided, That such amounts as may be
    available for the construction of the Navajo Indian Irrigation Project
    may be transferred to the Bureau of Reclamation: Provided further, That
    not to exceed 6 percent of contract authority available to the Bureau
    of Indian Affairs from the Federal Highway Trust Fund may be used to
    cover the road program management costs of the Bureau: Provided
    further, That any funds provided for the Safety of Dams program
    pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
    basis: Provided further, That for fiscal year 2011, in implementing new
    construction or facilities improvement and repair project grants in
    excess of $100,000 that are provided to grant schools under Public Law
    100-297, as amended, the Secretary of the Interior shall use the
    Administrative and Audit Requirements and Cost Principles for
    Assistance Programs contained in 43 CFR part 12 as the regulatory
    requirements: Provided further, That such grants shall not be subject
    to section 12.61 of 43 CFR; the Secretary and the grantee shall
    negotiate and determine a schedule of payments for the work to be
    performed: Provided further, That in considering grant applications,
    the Secretary shall consider whether such grantee would be deficient in
    assuring that the construction projects conform to applicable building
    standards and codes and Federal, tribal, or State health and safety
    standards as required by 25 U.S.C. 2005(b), with respect to
    organizational and financial management capabilities: Provided further,
    That if the Secretary declines a grant application, the Secretary shall
    follow the requirements contained in 25 U.S.C. 2504(f): Provided
    further, That any disputes between the Secretary and any grantee
    concerning a grant shall be subject to the disputes provision in 25
    U.S.C. 2507(e): Provided further, That in order to ensure timely
    completion of construction projects, the Secretary may assume control
    of a project and all funds related to the project, if, within 18 months
    of the date of enactment of this Act, any grantee receiving funds
    appropriated in this Act or in any prior Act, has not completed the
    planning and design phase of the project and commenced construction:
    Provided further, That this appropriation may be reimbursed from the
    Office of the Special Trustee for American Indians appropriation for
    the appropriate share of construction costs for space expansion needed
    in agency offices to meet trust reform implementation.

     indian land and water claim settlements and miscellaneous payments to
                                    indians

        For payments and necessary administrative expenses for
    implementation of Indian land and water claim settlements pursuant to
    Public Laws 99-264, 100-580, 101-618, 108-447, 109-479, 110-297, and
    111-11, and for implementation of other land and water rights
    settlements, $46,480,000, to remain available until expended.

                     indian guaranteed loan program account

        For the cost of guaranteed loans and insured loans, $8,158,000, of
    which $1,572,000 is for administrative expenses, as authorized by the
    Indian Financing Act of 1974, as amended: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That these funds are available to subsidize total loan principal, any
    part of which is to be guaranteed or insured, not to exceed
    $83,740,196.

                           indian land consolidation

        For consolidation of fractional interests in Indian lands and
    expenses associated with redetermining and redistributing escheated
    interests in allotted lands, and for necessary expenses to carry out
    the Indian Land Consolidation Act of 1983, as amended, by direct
    expenditure or cooperative agreement, $1,000,000, to remain available
    until expended.

                           administrative provisions

        The Bureau of Indian Affairs may carry out the operation of Indian
    programs by direct expenditure, contracts, cooperative agreements,
    compacts and grants, either directly or in cooperation with States and
    other organizations.
        Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
    contract for services in support of the management, operation, and
    maintenance of the Power Division of the San Carlos Irrigation Project.
        Appropriations for the Bureau of Indian Affairs (except the
    Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and
    Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
    Account, Indian Direct Loan Financing Account, and the Indian
    Guaranteed Loan Program account) shall be available for expenses of
    exhibits.
        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs for central office oversight and Executive
    Direction and Administrative Services (except executive direction and
    administrative services funding for Tribal Priority Allocations,
    regional offices, and facilities operations and maintenance) shall be
    available for contracts, grants, compacts, or cooperative agreements
    with the Bureau of Indian Affairs under the provisions of the Indian
    Self-Determination Act or the Tribal Self-Governance Act of 1994
    (Public Law 103-413).
        In the event any tribe returns appropriations made available by
    this Act to the Bureau of Indian Affairs, this action shall not
    diminish the Federal Government's trust responsibility to that tribe,
    or the government-to-government relationship between the United States
    and that tribe, or that tribe's ability to access future
    appropriations.
        Notwithstanding any other provision of law, no funds available to
    the Bureau, other than the amounts provided herein for assistance to
    public schools under 25 U.S.C. 452 et seq., shall be available to
    support the operation of any elementary or secondary school in the
    State of Alaska.
        Appropriations made available in this or any other Act for schools
    funded by the Bureau shall be available only to the schools in the
    Bureau school system as of September 1, 1996. No funds available to the
    Bureau shall be used to support expanded grades for any school or
    dormitory beyond the grade structure in place or approved by the
    Secretary of the Interior at each school in the Bureau school system as
    of October 1, 1995. Funds made available under this Act may not be used
    to establish a charter school at a Bureau-funded school (as that term
    is defined in section 1146 of the Education Amendments of 1978 (25
    U.S.C. 2026)), except that a charter school that is in existence on the
    date of the enactment of this Act and that has operated at a Bureau-
    funded school before September 1, 1999, may continue to operate during
    that period, but only if the charter school pays to the Bureau a pro
    rata share of funds to reimburse the Bureau for the use of the real and
    personal property (including buses and vans), the funds of the charter
    school are kept separate and apart from Bureau funds, and the Bureau
    does not assume any obligation for charter school programs of the State
    in which the school is located if the charter school loses such
    funding. Employees of Bureau-funded schools sharing a campus with a
    charter school and performing functions related to the charter schools
    operation and employees of a charter school shall not be treated as
    Federal employees for purposes of chapter 171 of title 28, United
    States Code.
        Notwithstanding any other provision of law, including section 113
    of title I of appendix C of Public Law 106-113, if in fiscal year 2003
    or 2004 a grantee received indirect and administrative costs pursuant
    to a distribution formula based on section 5(f) of Public Law 101-301,
    the Secretary shall continue to distribute indirect and administrative
    cost funds to such grantee using the section 5(f) distribution formula.

                              Departmental Offices

                            Office of the Secretary

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses for management of the Department of the
    Interior, $121,987,000; of which not to exceed $15,000 may be for
    official reception and representation expenses; and of which up to
    $1,000,000 shall be available for workers compensation payments and
    unemployment compensation payments associated with the orderly closure
    of the United States Bureau of Mines; and of which $14,136,000 for
    consolidated appraisal services is to be derived from the Land and
    Water Conservation Fund and shall remain available until expended:
    Provided, That, for each fiscal year through fiscal year 2012, up to
    $400,000 of the payments authorized by the Act of October 20, 1976, as
    amended (31 U.S.C. 6901-6907) may be retained for administrative
    expenses of the Payments in Lieu of Taxes Program: Provided further,
    That no payment shall be made pursuant to that Act to otherwise
    eligible units of local government if the computed amount of the
    payment is less than $100: Provided further, That to implement a
    reorganization of the Bureau of Ocean Energy Management, Regulation,
    and Enforcement the Secretary may establish accounts, transfer funds
    among and between the offices and bureaus affected by the
    reorganization, and take any other administrative actions necessary in
    conformance with the Appropriations Committees' reprogramming guidance
    (as described in House Report 111-316, the explanatory statement
    accompanying Public Law 111-88).

                                Insular Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $88,507,000, of which:
    (1) $77,808,000 shall remain available until expended for territorial
    assistance, including general technical assistance, maintenance
    assistance, disaster assistance, insular management controls, coral
    reef initiative activities, and brown tree snake control and research;
    grants to the judiciary in American Samoa for compensation and
    expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
    Government of American Samoa, in addition to current local revenues,
    for construction and support of governmental functions; grants to the
    Government of the Virgin Islands as authorized by law; grants to the
    Government of Guam, as authorized by law; and grants to the Government
    of the Northern Mariana Islands as authorized by law (Public Law 94-
    241; 90 Stat. 272); and (2) $10,699,000 shall be available until
    September 30, 2012 for salaries and expenses of the Office of Insular
    Affairs: Provided, That all financial transactions of the territorial
    and local governments herein provided for, including such transactions
    of all agencies or instrumentalities established or used by such
    governments, may be audited by the Government Accountability Office, at
    its discretion, in accordance with chapter 35 of title 31, United
    States Code: Provided further, That Northern Mariana Islands Covenant
    grant funding shall be provided according to those terms of the
    Agreement of the Special Representatives on Future United States
    Financial Assistance for the Northern Mariana Islands approved by
    Public Law 104-134: Provided further, That of the amounts provided for
    technical assistance, sufficient funds shall be made available for a
    grant to the Pacific Basin Development Council: Provided further, That
    of the amounts provided for technical assistance, sufficient funding
    shall be made available for a grant to the Close Up Foundation:
    Provided further, That the funds for the program of operations and
    maintenance improvement are appropriated to institutionalize routine
    operations and maintenance improvement of capital infrastructure with
    territorial participation and cost sharing to be determined by the
    Secretary based on the grantee's commitment to timely maintenance of
    its capital assets: Provided further, That any appropriation for
    disaster assistance under this heading in this Act or previous
    appropriations Acts may be used as non-Federal matching funds for the
    purpose of hazard mitigation grants provided pursuant to section 404 of
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170c).

                          compact of free association

        For grants and necessary expenses, $5,318,000, to remain available
    until expended, as provided for in sections 221(a)(2), 221(b), and 233
    of the Compact of Free Association for the Republic of Palau; and
    section 221(a)(2) of the Compacts of Free Association for the
    Government of the Republic of the Marshall Islands and the Federated
    States of Micronesia, as authorized by Public Law 99-658 and Public Law
    108-188.

                           administrative provisions

                         (including transfer of funds)

        At the request of the Governor of Guam, the Secretary may transfer
    discretionary funds or mandatory funds provided under section 104(e) of
    Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
    to the Secretary of Agriculture for the subsidy cost of direct or
    guaranteed loans, plus not to exceed three percent of the amount of the
    subsidy transferred for the cost of loan administration, for the
    purposes authorized by the Rural Electrification Act of 1936 and
    section 306(a)(1) of the Consolidated Farm and Rural Development Act
    for construction and repair projects in Guam, and such funds shall
    remain available until expended: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That such loans
    or loan guarantees may be made without regard to the population of the
    area, credit elsewhere requirements, and restrictions on the types of
    eligible entities under the Rural Electrification Act of 1936 and
    section 306(a)(1) of the Consolidated Farm and Rural Development Act:
    Provided further, That any funds transferred to the Secretary of
    Agriculture shall be in addition to funds otherwise made available to
    make or guarantee loans under such authorities.

                            Office of the Solicitor

                             salaries and expenses

        For necessary expenses of the Office of the Solicitor, $67,894,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $49,560,000.

               Office of the Special Trustee for American Indians

                             federal trust programs

                         (including transfer of funds)

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $168,115,000, to remain available until expended, of which not to
    exceed $31,534,000 from this or any other Act, shall be available for
    historical accounting: Provided, That funds for trust management
    improvements and litigation support may, as needed, be transferred to
    or merged with the Bureau of Indian Affairs, ``Operation of Indian
    Programs'' account; the Office of the Solicitor, ``Salaries and
    Expenses'' account; and the Office of the Secretary, ``Salaries and
    Expenses'' account: Provided further, That funds made available through
    contracts or grants obligated during fiscal year 2011, as authorized by
    the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
    shall remain available until expended by the contractor or grantee:
    Provided further, That, notwithstanding any other provision of law, the
    statute of limitations shall not commence to run on any claim,
    including any claim in litigation pending on the date of the enactment
    of this Act, concerning losses to or mismanagement of trust funds,
    until the affected tribe or individual Indian has been furnished with
    an accounting of such funds from which the beneficiary can determine
    whether there has been a loss: Provided further, That, notwithstanding
    any other provision of law, the Secretary shall not be required to
    provide a quarterly statement of performance for any Indian trust
    account that has not had activity for at least 18 months and has a
    balance of $15.00 or less: Provided further, That the Secretary shall
    issue an annual account statement and maintain a record of any such
    accounts and shall permit the balance in each such account to be
    withdrawn upon the express written request of the account holder:
    Provided further, That not to exceed $50,000 is available for the
    Secretary to make payments to correct administrative errors of either
    disbursements from or deposits to Individual Indian Money or Tribal
    accounts after September 30, 2002: Provided further, That erroneous
    payments that are recovered shall be credited to and remain available
    in this account for this purpose.

                            Department-wide Programs

                            wildland fire management

                 (including transfers and rescission of funds)

        For necessary expenses for fire preparedness, suppression
    operations, fire science and research, emergency rehabilitation,
    hazardous fuels reduction, and rural fire assistance by the Department
    of the Interior, $825,452,000, to remain available until expended, of
    which not to exceed $6,137,000 shall be for the renovation or
    construction of fire facilities: Provided, That such funds are also
    available for repayment of advances to other appropriation accounts
    from which funds were previously transferred for such purposes:
    Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
    furnished subsistence and lodging without cost from funds available
    from this appropriation: Provided further, That notwithstanding 42
    U.S.C. 1856d, sums received by a bureau or office of the Department of
    the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
    seq., protection of United States property, may be credited to the
    appropriation from which funds were expended to provide that
    protection, and are available without fiscal year limitation: Provided
    further, That using the amounts designated under this title of this
    Act, the Secretary of the Interior may enter into procurement
    contracts, grants, or cooperative agreements, for hazardous fuels
    reduction activities, and for training and monitoring associated with
    such hazardous fuels reduction activities, on Federal land, or on
    adjacent non-Federal land for activities that benefit resources on
    Federal land: Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any non-
    Federal entity may be shared, as mutually agreed on by the affected
    parties: Provided further, That notwithstanding requirements of the
    Competition in Contracting Act, the Secretary, for purposes of
    hazardous fuels reduction activities, may obtain maximum practicable
    competition among: (1) local private, nonprofit, or cooperative
    entities; (2) Youth Conservation Corps crews, Public Lands Corps
    (Public Law 109-154), or related partnerships with State, local, or
    nonprofit youth groups; (3) small or micro-businesses; or (4) other
    entities that will hire or train locally a significant percentage,
    defined as 50 percent or more, of the project workforce to complete
    such contracts: Provided further, That in implementing this section,
    the Secretary shall develop written guidance to field units to ensure
    accountability and consistent application of the authorities provided
    herein: Provided further, That funds appropriated under this head may
    be used to reimburse the United States Fish and Wildlife Service and
    the National Marine Fisheries Service for the costs of carrying out
    their responsibilities under the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.) to consult and conference, as required by section
    7 of such Act, in connection with wildland fire management activities:
    Provided further, That the Secretary of the Interior may use wildland
    fire appropriations to enter into noncompetitive sole-source leases of
    real property with local governments, at or below fair market value, to
    construct capitalized improvements for fire facilities on such leased
    properties, including but not limited to fire guard stations, retardant
    stations, and other initial attack and fire support facilities, and to
    make advance payments for any such lease or for construction activity
    associated with the lease: Provided further, That the Secretary of the
    Interior and the Secretary of Agriculture may authorize the transfer of
    funds appropriated for wildland fire management, in an aggregate amount
    not to exceed $50,000,000, between the Departments when such transfers
    would facilitate and expedite jointly funded wildland fire management
    programs and projects: Provided further, That funds provided for
    wildfire suppression shall be available for support of Federal
    emergency response actions: Provided further, That $145,000,000 in
    unobligated fire suppression balances under this heading in Public Law
    111-8 and Public Law 111-88 are hereby permanently rescinded.

                    flame wildfire suppression reserve fund

                         (including transfer of funds)

        For deposit in the FLAME Wildfire Suppression Reserve Fund, as
    authorized in the FLAME Act of 2009 (title V of division A of Public
    Law 111-88), $96,000,000, to remain available until expended.

                        central hazardous materials fund

        For necessary expenses of the Department of the Interior and any of
    its component offices and bureaus for the response action, including
    associated activities, performed pursuant to the Comprehensive
    Environmental Response, Compensation, and Liability Act, as amended (42
    U.S.C. 9601 et seq.), $10,152,000, to remain available until expended.

               natural resource damage assessment and restoration

                    natural resource damage assessment fund

        To conduct natural resource damage assessment and restoration
    activities by the Department of the Interior necessary to carry out the
    provisions of the Comprehensive Environmental Response, Compensation,
    and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
    Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
    Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
    337, as amended (16 U.S.C. 19jj et seq.), $6,434,000, to remain
    available until expended.

                              working capital fund

        For the acquisition of a departmental financial and business
    management system and information technology improvements of general
    benefit to the Department, $81,619,000, to remain available until
    expended: Provided, That hereafter none of the funds in this Act or any
    other Act may be used to establish reserves in the Working Capital Fund
    account other than for accrued annual leave and depreciation of
    equipment without prior approval of the House and Senate Committees on
    Appropriations: Provided further, That for fiscal years 2011 through
    2013 the Secretary may assess reasonable charges to State, local and
    tribal government employees for training services provided by the
    National Indian Program Training Center, other than training related to
    Public Law 93-638: Provided further, That the Secretary may lease or
    otherwise provide space and related facilities, equipment or
    professional services of the National Indian Program Training Center to
    State, local and tribal government employees or persons or
    organizations engaged in cultural, educational, or recreational
    activities (as defined in 40 U.S.C. 3306(a)) at the prevailing rate for
    similar space, facilities, equipment, or services in the vicinity of
    the National Indian Program Training Center: Provided further, That for
    fiscal years 2011 through 2013 all funds received pursuant to the two
    preceding provisos shall be credited to this account, shall be
    available until expended, and shall be used by the Secretary for
    necessary expenses of the National Indian Program Training Center:
    Provided further, That of the funds made available under this heading,
    $2,500,000 shall be used to increase acquisition workforce and
    capabilities and to support the implementation of Department-wide
    strategic sourcing vehicles for improved effectiveness and efficiency.

                            administrative provision

        There is hereby authorized for acquisition from available resources
    within the Working Capital Fund, 15 aircraft, 10 of which shall be for
    replacement and which may be obtained by donation, purchase or through
    available excess surplus property: Provided, That existing aircraft
    being replaced may be sold, with proceeds derived or trade-in value
    used to offset the purchase price for the replacement aircraft.

                 General Provisions, Department of the Interior

                         (including transfers of funds)

                   emergency transfer authority--intra-bureau

        Sec. 101.  Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section must be replenished by a supplemental appropriation which must
    be requested as promptly as possible.

                 emergency transfer authority--department-wide

        Sec. 102.  The Secretary may authorize the expenditure or transfer
    of any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of wildland fires on or threatening
    lands under the jurisdiction of the Department of the Interior; for the
    emergency rehabilitation of burned-over lands under its jurisdiction;
    for emergency actions related to potential or actual earthquakes,
    floods, volcanoes, storms, or other unavoidable causes; for contingency
    planning subsequent to actual oil spills; for response and natural
    resource damage assessment activities related to actual oil spills; for
    the prevention, suppression, and control of actual or potential
    grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in section
    1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
    projects under section 410 of Public Law 95-87; and shall transfer,
    from any no year funds available to the Office of Surface Mining
    Reclamation and Enforcement, such funds as may be necessary to permit
    assumption of regulatory authority in the event a primacy State is not
    carrying out the regulatory provisions of the Surface Mining Act:
    Provided, That appropriations made in this title for wildland fire
    operations shall be available for the payment of obligations incurred
    during the preceding fiscal year, and for reimbursement to other
    Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for wildland fire operations,
    such reimbursement to be credited to appropriations currently available
    at the time of receipt thereof: Provided further, That for wildland
    fire operations, no funds shall be made available under this authority
    until the Secretary determines that funds appropriated for ``wildland
    fire operations'' and ``FLAME Wildfire Suppression Reserve Fund'' shall
    be exhausted within 30 days: Provided further, That all funds used
    pursuant to this section must be replenished by a supplemental
    appropriation which must be requested as promptly as possible: Provided
    further, That such replenishment funds shall be used to reimburse, on a
    pro rata basis, accounts from which emergency funds were transferred.

                            authorized use of funds

        Sec. 103.  Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; purchase and replacement of motor vehicles, including
    specially equipped law enforcement vehicles; hire, maintenance, and
    operation of aircraft; hire of passenger motor vehicles; purchase of
    reprints; payment for telephone service in private residences in the
    field, when authorized under regulations approved by the Secretary; and
    the payment of dues, when authorized by the Secretary, for library
    membership in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members.

                authorized use of funds, indian trust management

        Sec. 104.  Appropriations made in this Act under the headings
    Bureau of Indian Affairs and Office of the Special Trustee for American
    Indians and any unobligated balances from prior appropriations Acts
    made under the same headings shall be available for expenditure or
    transfer for Indian trust management and reform activities. Total
    funding for historical accounting activities shall not exceed amounts
    specifically designated in this Act for such purpose.

               redistribution of funds, bureau of indian affairs

        Sec. 105.  Notwithstanding any other provision of law, the
    Secretary of the Interior is authorized to redistribute any Tribal
    Priority Allocation funds, including tribal base funds, to alleviate
    tribal funding inequities by transferring funds to address identified,
    unmet needs, dual enrollment, overlapping service areas or inaccurate
    distribution methodologies. No tribe shall receive a reduction in
    Tribal Priority Allocation funds of more than 10 percent in fiscal year
    2011. Under circumstances of dual enrollment, overlapping service areas
    or inaccurate distribution methodologies, the 10 percent limitation
    does not apply.

                          twin cities research center

        Sec. 106.  Notwithstanding any other provision of law, in conveying
    the Twin Cities Research Center under the authority provided by Public
    Law 104-134, as amended by Public Law 104-208, the Secretary may accept
    and retain land and other forms of reimbursement: Provided, That the
    Secretary may retain and use any such reimbursement until expended and
    without further appropriation: (1) for the benefit of the National
    Wildlife Refuge System within the State of Minnesota; and (2) for all
    activities authorized by 16 U.S.C. 460zz.

                                payment of fees

        Sec. 107.  The Secretary of the Interior may use discretionary
    funds to pay private attorney fees and costs for employees and former
    employees of the Department of the Interior reasonably incurred in
    connection with Cobell v. Salazar to the extent that such fees and
    costs are not paid by the Department of Justice or by private
    insurance. In no case shall the Secretary make payments under this
    section that would result in payment of hourly fees in excess of the
    highest hourly rate approved by the District Court for the District of
    Columbia for counsel in Cobell v. Salazar.

                           mass marking of salmonids

        Sec. 108.  The United States Fish and Wildlife Service shall, in
    carrying out its responsibilities to protect threatened and endangered
    species of salmon, implement a system of mass marking of salmonid
    stocks, intended for harvest, that are released from federally operated
    or federally financed hatcheries including but not limited to fish
    releases of coho, chinook, and steelhead species. Marked fish must have
    a visible mark that can be readily identified by commercial and
    recreational fishers.

                     ellis, governors, and liberty islands

        Sec. 109.  Notwithstanding any other provision of law, the
    Secretary of the Interior is authorized to acquire lands, waters, or
    interests therein including the use of all or part of any pier, dock,
    or landing within the State of New York and the State of New Jersey,
    for the purpose of operating and maintaining facilities in the support
    of transportation and accommodation of visitors to Ellis, Governors,
    and Liberty Islands, and of other program and administrative
    activities, by donation or with appropriated funds, including franchise
    fees (and other monetary consideration), or by exchange; and the
    Secretary is authorized to negotiate and enter into leases, subleases,
    concession contracts or other agreements for the use of such facilities
    on such terms and conditions as the Secretary may determine reasonable.

             prohibition on use of funds, mojave national preserve

        Sec. 110. (a) Any proposed new use of the Arizona & California
    Railroad Company's Right of Way for conveyance of water shall not
    proceed unless the Secretary of the Interior certifies that the
    proposed new use is within the scope of the Right of Way.
        (b) No funds appropriated or otherwise made available to the
    Department of the Interior may be used, in relation to any proposal to
    store water underground for the purpose of export, for approval of any
    right-of-way or similar authorization on the Mojave National Preserve
    or lands managed by the Needles Field Office of the Bureau of Land
    Management, or for carrying out any activities associated with such
    right-of-way or similar approval.

                         ice age national scenic trail

        Sec. 111.  Funds provided in this Act for Federal land acquisition
    by the National Park Service for Ice Age National Scenic Trail may be
    used for a grant to a State, a local government, or any other land
    management entity for the acquisition of lands without regard to any
    restriction on the use of Federal land acquisition funds provided
    through the Land and Water Conservation Fund Act of 1965 as amended.

                    outer continental shelf inspection fees

        Sec. 112. (a) In fiscal year 2011, the Bureau of Ocean Energy
    Management, Regulation, and Enforcement (BOEMRE) shall collect a
    nonrefundable inspection fee, which shall be deposited in the ``Royalty
    and Offshore Minerals Management'' account, from the designated
    operator for facilities subject to inspection by BOEMRE under 43 U.S.C.
    1348(c) that are above the waterline, except mobile offshore drilling
    units, and are in place at the start of fiscal year 2011.
        (b) Fees for 2011 shall be:
                (1) $12,000 for facilities with no wells, but with
            processing equipment or gathering lines;
                (2) $19,500 for facilities with one to ten wells, with any
            combination of active or inactive wells; and
                (3) $36,000 for facilities with more than ten wells, with
            any combination of active or inactive wells.
        (c) BOEMRE will bill designated operators within 60 days of
    enactment of this Act, with payment required within 30 days of billing.

           prohibition on use of funds, point reyes national seashore

        Sec. 113.  None of the funds in this Act may be used to further
    reduce the number of Axis or Fallow deer at Point Reyes National
    Seashore below the number as of the date of enactment of this Act.

             pearl harbor naval complex, joint ticketing, amendment

        Sec. 114.  Section 121(b)(1) of Public Law 111-88 is amended by
    inserting the word ``hereafter'' between the words ``may'' and
    ``enter''.

                      onshore oil and gas inspection fees

        Sec. 115. (a) In fiscal year 2011, the Bureau of Land Management
    (BLM) shall collect a non-refundable inspection fee, which shall be
    deposited in the ``Management of Lands and Resources'' account, from
    the designated operator of each Federal and Indian lease or agreement
    subject to inspection by BLM under 30 U.S.C. 1718(b) that is in place
    at the start of fiscal year 2011.
        (b) Fees for 2011 shall be:
                (1) $300 for each lease or agreement with no active or
            inactive wells, but with surface use, disturbance or
            reclamation;
                (2) $600 for each lease or agreement with one to ten wells,
            with any combination of active or inactive wells;
                (3) $1,500 for each lease or agreement with 11 to 50 wells,
            with any combination of active or inactive wells; and
                (4) $3,000 for each lease or agreement with more than 50
            wells, with any combination of active or inactive wells.
        (c) BLM will bill designated operators within 60 days of enactment
    of this Act, with payment required within 30 days of billing.

                      oil and gas leasing internet program

        Sec. 116.  Notwithstanding section 17(b)(1)(A) of the Mineral
    Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior
    shall have the authority to establish an oil and gas leasing Internet
    program, under which the Secretary may conduct lease sales through
    methods other than oral bidding.

                             indian probate judges

        Sec. 117.  Section 108 of Public Law 109-54 (the Department of the
    Interior, Environment, and Related Agencies Appropriations Act, 2006)
    is amended by striking ``for fiscal years 2006 through 2010, for the
    purpose of reducing the backlog of'' and inserting ``for fiscal year
    2006 and each fiscal year thereafter, for the purpose of
    adjudicating''.

                    authorized use of indian education funds

        Sec. 118.  Beginning July 1, 2008, any funds (including investments
    and interest earned, except for construction funds) held by a Public
    Law 100-297 grant or a Public Law 93-638 contract school shall, upon
    retrocession to or re-assumption by the Bureau of Indian Education,
    remain available to BIE for a period of 5 years from the date of
    retrocession or re-assumption for the benefit of the programs approved
    for the school on October 1, 1995.

                   bureau of indian affairs operated schools

        Sec. 119. (a)(1) Notwithstanding section 586(c) of title 40, United
    States Code, the Director of the BIE, or the Director's designee, is
    authorized to enter into agreements with public and private persons and
    entities that provide for such persons and entities to rent or lease
    the land or facilities of a Bureau-operated school for such periods of
    time as the school is Bureau operated, in exchange for a consideration
    (in the form of funds) that benefits the school, as determined by the
    head of the school.
        (2) Funds received under paragraph (1) shall be retained by the
    school and used for school purposes otherwise authorized by law. Any
    funds received under paragraph (1) are hereby made available until
    expended for such purposes, notwithstanding section 3302 of title 31,
    United States Code.
        (3) Nothing in this section shall be construed to allow for the
    diminishment of, or otherwise affect, the appropriation of funds to the
    budget accounts for the operation and maintenance of Bureau-operated
    schools. No funds shall be withheld from the distribution to the budget
    of any Bureau-operated school due to the receipt by the school of a
    benefit in accordance with this section.
        (b) The Secretary of the Interior shall promulgate regulations to
    carry out this section not later than 16 months after the date of the
    enactment of this Act. Such regulations shall include--
                (1) provisions for the establishment and administration of
            mechanisms for the acceptance of consideration for the use and
            benefit of a school in accordance with this section (including,
            in appropriate cases, the establishment and administration of
            trust funds);
                (2) accountability standards to ensure ethical conduct; and
                (3) provisions for monitoring the amount and terms of
            consideration received, the manner in which the consideration
            is used, and any results achieved by such use.
        (c) Provisions of this section shall apply to fiscal years 2011
    through 2013.

                     termination of hydropower reservations

        Sec. 120.  In the Bureau of Land Management patent numbered 04-83-
    0065 (CA 6313) and dated May 13, 1983, the reservation under section 24
    of the Federal Power Act (16 U.S.C. 818) that is encumbering
    approximately 103.26 acres of private land owned by Donald L. Smith
    within sections 25, 26, 35, and 36, T. 4 S., R. 24 E., Mount Diablo
    Meridian, Madera County, California, is terminated; and to the extent
    that any reservation of use for hydropower could be deemed to have been
    omitted under section 24 of the Federal Power Act (16 U.S.C. 818) from
    the patent numbered CA 6312 and dated September 25, 1987 to the
    approximately 41.323 acres of private land owned by Lindsay Smith,
    Peggy L. Birchim, Donald L. Smith, and Keith Smith and more
    particularly described as embracing a portion of Secs. 25 and 36,
    Unsurveyed T. 4 S., R 24 E., Mount Diablo Meridian, Jackass Mining
    District, Madera County, California, such reservation is terminated.

                 outer continental shelf leasing review period

        Sec. 121.  Section 11 of the Outer Continental Shelf Lands Act (43
    U.S.C. 1340) is amended in subsection (c)(1) in the fourth sentence by
    deleting ``within 30 days of its submission'' and inserting in lieu
    thereof ``within 90 days of its submission''.

                   protection of public lands, mojave desert

        Sec. 122.  No funds in this Act shall be used to process or grant a
    right of way, lease, or other property interest for the purpose of
    commercial energy production on public lands managed by the Bureau of
    Land Management previously acquired at least in part through donations
    for conservation purposes, within the boundaries of the area described
    as ``potential conservation lands'' and depicted on the map entitled
    ``Mojave Desert Area'' dated November 8, 2010 and on file at the Bureau
    of Land Management Director's office.

                      distribution of geothermal receipts

        Sec. 123.  Section 3003(a) of Public Law 111-212 (124 Stat. 2338)
    is amended by striking ``fiscal year 2010 only'' and inserting ``fiscal
    year 2010 and 2011''.

                bureau of land management, land reconfiguration

        Sec. 124.  Patent No. 27-2005-0081 and its associated land
    reconfiguration issued by the Bureau of Land Management on February 18,
    2005, is hereby affirmed and validated as having been issued pursuant
    to and in compliance with the provisions of the Nevada-Florida Land
    Exchange Authorization Act of 1988 (Public Law 100-275), the National
    Environmental Policy Act of 1969, and the Federal Land Policy
    Management Act of 1976 for the benefit of the desert tortoise and other
    species and their habitat to increase the likelihood of their recovery.
    The process utilized by the United States Fish and Wildlife Service and
    the Bureau of Land Management in reconfiguring the lands as shown on
    Exhibit 1-4 of the Final Environmental Impact Statement for the Planned
    Development Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136)
    and the reconfiguration provided for in Special Condition 10 of Army
    Corps of Engineers Permit No. 000005042 are hereby ratified.

                native hawaiian recognition study authorization

        Sec. 125.  The Secretary of the Interior shall, with funds
    appropriated for fiscal year 2011, and in coordination with the State
    of Hawaii and those offices designated under the Hawaii State
    Constitution as representative of the Native Hawaiian community,
    including the Office of Hawaiian Affairs and the Department of Hawaiian
    Home Lands, and the Attorney General of the United States, examine and
    make recommendations to Congress no later than September 30, 2011, on
    developing a mechanism for the reorganization of a Native Hawaiian
    governing entity and recognition by the United States of the Native
    Hawaiian governing entity as an Indian tribe within the meaning of
    Articles I and II of the Constitution.

                                    TITLE II

                        ENVIRONMENTAL PROTECTION AGENCY

                             Science and Technology

        For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended; necessary expenses for personnel and
    related costs and travel expenses; procurement of laboratory equipment
    and supplies; and other operating expenses in support of research and
    development, $852,197,000, to remain available until September 30,
    2012.

                     Environmental Programs and Management

        For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses; hire of passenger motor vehicles; hire,
    maintenance, and operation of aircraft; purchase of reprints; library
    memberships in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members; administrative costs of the brownfields program under the
    Small Business Liability Relief and Brownfields Revitalization Act of
    2002; and not to exceed $9,000 for official reception and
    representation expenses, $2,926,881,000, to remain available until
    September 30, 2012: Provided, That of the funds included under this
    heading, not less than $454,350,000 shall be for the Geographic
    Programs specified in the explanatory statement accompanying this Act.

                          Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $45,646,000, to remain available until September 30, 2012.

                            Buildings and Facilities

        For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or for use by, the
    Environmental Protection Agency, $38,001,000, to remain available until
    expended.

                         Hazardous Substance Superfund

                         (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611) $1,293,060,000, to remain available until expended, consisting of
    such sums as are available in the Trust Fund on September 30, 2010, as
    authorized by section 517(a) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA) and up to $1,293,060,000 as a
    payment from general revenues to the Hazardous Substance Superfund for
    purposes as authorized by section 517(b) of SARA, as amended: Provided,
    That funds appropriated under this heading may be allocated to other
    Federal agencies in accordance with section 111(a) of CERCLA: Provided
    further, That of the funds appropriated under this heading, $10,156,000
    shall be paid to the ``Office of Inspector General'' appropriation to
    remain available until September 30, 2012, and $24,527,000 shall be
    paid to the ``Science and Technology'' appropriation to remain
    available until September 30, 2012.

              Leaking Underground Storage Tank Trust Fund Program

        For necessary expenses to carry out leaking underground storage
    tank cleanup activities authorized by subtitle I of the Solid Waste
    Disposal Act, as amended, $113,219,000, to remain available until
    expended, of which $78,789,000 shall be for carrying out leaking
    underground storage tank cleanup activities authorized by section
    9003(h) of the Solid Waste Disposal Act, as amended; $34,430,000 shall
    be for carrying out the other provisions of the Solid Waste Disposal
    Act specified in section 9508(c) of the Internal Revenue Code, as
    amended: Provided, That the Administrator is authorized to use
    appropriations made available under this heading to implement section
    9013 of the Solid Waste Disposal Act to provide financial assistance to
    federally recognized Indian tribes for the development and
    implementation of programs to manage underground storage tanks.

                               Oil Spill Response

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $18,468,000, to be derived from the Oil Spill Liability trust fund, to
    remain available until expended.

                       State and Tribal Assistance Grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $4,768,929,000, to remain available until expended,
    of which $1,898,000,000 shall be for making capitalization grants for
    the Clean Water State Revolving Funds under title VI of the Federal
    Water Pollution Control Act, as amended (the ``Act''); of which
    $1,206,000,000 shall be for making capitalization grants for the
    Drinking Water State Revolving Funds under section 1452 of the Safe
    Drinking Water Act, as amended: Provided, That for fiscal year 2011, to
    the extent there are sufficient eligible project applications, not less
    than 20 percent of the funds made available under this title to each
    State for Clean Water State Revolving Fund capitalization grants and
    not less than 20 percent of the funds made available under this title
    to each State for Drinking Water State Revolving Fund capitalization
    grants shall be used by the State for projects to address green
    infrastructure, water or energy efficiency improvements, or other
    environmentally innovative activities; $17,000,000 shall be for
    architectural, engineering, planning, design, construction and related
    activities in connection with the construction of high priority water
    and wastewater facilities in the area of the United States-Mexico
    Border, after consultation with the appropriate border commission;
    $13,000,000 shall be for grants to the State of Alaska to address
    drinking water and wastewater infrastructure needs of rural and Alaska
    Native Villages: Provided further, That, of these funds: (1) the State
    of Alaska shall provide a match of 25 percent; (2) no more than 5
    percent of the funds may be used for administrative and overhead
    expenses; and (3) the State of Alaska shall make awards consistent with
    the State-wide priority list established in conjunction with the Agency
    and the U.S. Department of Agriculture for all water, sewer, waste
    disposal, and similar projects carried out by the State of Alaska that
    are funded under section 221 of the Federal Water Pollution Control Act
    (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7
    U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of
    the funds provided for projects in regional hub communities;
    $145,056,000 shall be for making special project grants and technical
    corrections to prior-year grants for the construction of drinking
    water, wastewater and storm water infrastructure and for water quality
    protection in accordance with the terms and conditions specified for
    such grants in the explanatory statement accompanying this Act, and,
    for purposes of these grants, each grantee shall contribute not less
    than 45 percent of the cost of the project unless the grantee is
    approved for a waiver by the Agency; $128,254,000 shall be to carry out
    section 104(k) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (CERCLA), as amended, including
    grants, interagency agreements, and associated program support costs;
    $60,000,000 shall be for grants under title VII, subtitle G of the
    Energy Policy Act of 2005, as amended; $15,000,000 shall be for
    emission reduction grants in accordance with the terms and conditions
    of the explanatory statement accompanying this Act; and $1,286,619,000
    shall be for grants, including associated program support costs, to
    States, federally recognized tribes, interstate agencies, tribal
    consortia, and air pollution control agencies for multi-media or single
    media pollution prevention, control and abatement and related
    activities, including activities pursuant to the provisions set forth
    under this heading in Public Law 104-134, and for making grants under
    section 103 of the Clean Air Act for particulate matter monitoring and
    data collection activities subject to terms and conditions specified by
    the Administrator, of which $49,495,000 shall be for carrying out
    section 128 of CERCLA, as amended, $10,200,000 shall be for
    Environmental Information Exchange Network grants, including associated
    program support costs, $10,000,000 shall be for competitive grants to
    communities to develop plans and demonstrate and implement projects
    which reduce greenhouse gas emissions, $30,000,000 shall be for grants
    to federally recognized Indian tribes for implementation of
    environmental programs and projects as defined by the Administrator
    that complement existing tribal environmental program grants, including
    interagency agreements, $23,500,000 of the funds available for grants
    under section 106 of the Act shall be for State participation in
    national- and State-level statistical surveys of water resources and
    enhancements to State monitoring programs, and, in addition to funds
    appropriated under the heading ``Leaking Underground Storage Tank Trust
    Fund Program'' to carry out the provisions of the Solid Waste Disposal
    Act specified in section 9508(c) of the Internal Revenue Code other
    than section 9003(h) of the Solid Waste Disposal Act, as amended,
    $2,550,000 shall be for grants to States under section 2007(f)(2) of
    the Solid Waste Disposal Act, as amended: Provided further, That
    notwithstanding section 603(d)(7) of the Federal Water Pollution
    Control Act, the limitation on the amounts in a State water pollution
    control revolving fund that may be used by a State to administer the
    fund shall not apply to amounts included as principal in loans made by
    such fund in fiscal year 2011 and prior years where such amounts
    represent costs of administering the fund to the extent that such
    amounts are or were deemed reasonable by the Administrator, accounted
    for separately from other assets in the fund, and used for eligible
    purposes of the fund, including administration: Provided further, That
    for fiscal year 2011, and notwithstanding section 518(f) of the Act,
    the Administrator is authorized to use the amounts appropriated for any
    fiscal year under section 319 of that Act to make grants to federally
    recognized Indian tribes pursuant to sections 319(h) and 518(e) of that
    Act: Provided further, That for fiscal year 2011, notwithstanding the
    limitation on amounts in section 518(c) of the Federal Water Pollution
    Control Act and section 1452(i) of the Safe Drinking Water Act, up to a
    total of 2 percent of the funds appropriated for State Revolving Funds
    under such Acts may be reserved by the Administrator for grants under
    section 518(c) and section 1452(i) of such Acts: Provided further, That
    for fiscal year 2011, notwithstanding the amounts specified in section
    205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of
    the aggregate funds appropriated for the Clean Water State Revolving
    Fund program under the Act less any sums reserved under section 518(c)
    of the Act may be reserved by the Administrator for grants made under
    title II of the Clean Water Act for American Samoa, Guam, the
    Commonwealth of the Northern Marianas, and United States Virgin
    Islands: Provided further, That for fiscal year 2011, notwithstanding
    the limitations on amounts specified in section 1452(j) of the Safe
    Drinking Water Act, up to 1.5 percent of the funds appropriated for the
    Drinking Water State Revolving Fund programs under the Safe Drinking
    Water Act may be reserved by the Administrator for grants made under
    section 1452(j) of the Safe Drinking Water Act: Provided further, That
    not less than 30 percent of the funds made available under this title
    to each State for Clean Water State Revolving Fund capitalization
    grants and not less than 30 percent of the funds made available under
    this title to each State for Drinking Water State Revolving Fund
    capitalization grants shall be used by the State to provide additional
    subsidy to eligible recipients in the form of forgiveness of principal,
    negative interest loans, or grants (or any combination of these), and
    shall be so used by the State only where such funds are provided as
    initial financing for an eligible recipient to buy, refinance, or
    restructure the debt obligations of eligible recipients only where such
    debt was incurred on or after the date of enactment of this Act, except
    that for the Clean Water State Revolving Fund capitalization grant
    appropriation this section shall only apply to the portion that exceeds
    $1,000,000,000:  Provided further, That no funds provided by this
    appropriations Act to address the water, wastewater and other critical
    infrastructure needs of the colonias in the United States along the
    United States-Mexico border shall be made available to a county or
    municipal government unless that government has established an
    enforceable local ordinance, or other zoning rule, which prevents in
    that jurisdiction the development or construction of any additional
    colonia areas, or the development within an existing colonia the
    construction of any new home, business, or other structure which lacks
    water, wastewater, or other necessary infrastructure: Provided further,
    That for fiscal year 2011 and hereafter, the Administrator may transfer
    funds provided for tribal set-asides through Clean Water State
    Revolving Funds and Drinking Water State Revolving Funds accounts
    between those accounts in the same manner as provided to States under
    section 302(a) of Public Law 104-182, as amended.

           Administrative Provisions, Environmental Protection Agency

                  (including transfer and rescission of funds)

        For fiscal year 2011, notwithstanding 31 U.S.C. 6303(1) and
    6305(1), the Administrator of the Environmental Protection Agency, in
    carrying out the Agency's function to implement directly Federal
    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally recognized Indian tribes or Intertribal consortia, if
    authorized by their member Tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance
    agreements.
        The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide,
    and Rodenticide Act, as amended by Public Law 110-94, the Pesticide
    Registration Improvement Renewal Act.
        The Administrator is authorized to transfer up to $300,000,000 of
    the funds appropriated for the Great Lakes Restoration Initiative under
    the heading ``Environmental Programs and Management'' to the head of
    any Federal department or agency, with the concurrence of such head, to
    carry out activities that would support the Great Lakes Restoration
    Initiative and Great Lakes Water Quality Agreement programs, projects,
    or activities; to enter into an interagency agreement with the head of
    such Federal department or agency to carry out these activities; and to
    make grants to governmental entities, nonprofit organizations,
    institutions, and individuals for planning, research, monitoring,
    outreach, and implementation in furtherance of the Great Lakes
    Restoration Initiative and the Great Lakes Water Quality Agreement.
        From unobligated balances to carry out projects and activities
    funded through the ``State and Tribal Assistance Grants'' account,
    $10,000,000 are permanently rescinded: Provided, That no amounts may be
    rescinded from amounts that were designated by Congress as an emergency
    requirement pursuant to the Concurrent Resolution on the Budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
        For fiscal year 2011, the requirements of section 513 of the
    Federal Water Pollution Control Act (33 U.S.C. 1372) shall apply to the
    construction of treatment works carried out in whole or in part with
    assistance made available by a State water pollution control revolving
    fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or
    with assistance made available under section 205(m) of that Act (33
    U.S.C. 1285(m)), or both.
        For fiscal year 2011, the requirements of section 1450(e) of the
    Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall apply to any
    construction project carried out in whole or in part with assistance
    made available by a drinking water treatment revolving loan fund as
    authorized by section 1452 of that Act (42 U.S.C. 300j-12).
        Under terms established by the Administrator, and in addition to
    funds otherwise available in other appropriations accounts for grant
    programs, the Agency may expend up to $2,448,000 appropriated in the
    ``Environmental Programs and Management'' account for competitive
    grants to communities to implement Community Action for a Renewed
    Environment projects.

                                   TITLE III

                                RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                         forest and rangeland research

        For necessary expenses of forest and rangeland research as
    authorized by law, $314,254,000, to remain available until expended:
    Provided, That of the funds provided, $66,939,000 is for the forest
    inventory and analysis program.

                           state and private forestry

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, including treatments of
    pests, pathogens, and invasive or noxious plants and for restoring and
    rehabilitating forests damaged by pests or invasive plants, cooperative
    forestry, and education and land conservation activities and conducting
    an international program as authorized, $323,142,000, to remain
    available until expended, as authorized by law; of which $87,285,000 is
    to be derived from the Land and Water Conservation Fund; and of which
    $2,000,000 may be made available to the Pest and Disease Revolving Loan
    Fund established by section 10205(b) of the Food, Conservation, and
    Energy Act of 2008 (16 U.S.C. 2104a(b)).

                             national forest system

                         (including transfer of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and utilization
    of the National Forest System, $1,618,743,000, to remain available
    until expended, which shall include 50 percent of all moneys received
    during prior fiscal years as fees collected under the Land and Water
    Conservation Fund Act of 1965, as amended, in accordance with section 4
    of the Act (16 U.S.C. 460l-6a(i)): Provided, That, of the funds
    provided, $40,000,000 shall be deposited in the Collaborative Forest
    Landscape Restoration Fund for ecological restoration treatments as
    authorized by 16 U.S.C. 7303(f).

                      capital improvement and maintenance

                         (including transfer of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, $544,547,000, to remain available until expended, for
    construction, capital improvement, maintenance and acquisition of
    buildings and other facilities and infrastructure; and for
    construction, capital improvement, decommissioning, and maintenance of
    forest roads and trails by the Forest Service as authorized by 16
    U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $90,000,000
    shall be designated for the Legacy Road and Trail Remediation Program
    as described under Administrative Provisions, Forest Service: Provided
    further, That no funds shall be expended to decommission any system
    road until notice and an opportunity for public comment has been
    provided on each decommissioning project: Provided further, That the
    decommissioning of unauthorized roads not part of the official
    transportation system shall be expedited in response to threats to
    public safety, water quality, or natural resources: Provided further,
    That funds becoming available in fiscal year 2011 under the Act of
    March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
    of the Treasury and shall not be available for transfer or obligation
    for any other purpose unless the funds are appropriated.

                                land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for acquisition of
    land or waters, or interest therein, in accordance with statutory
    authority applicable to the Forest Service, $73,489,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

             acquisition of lands for national forests special acts

        For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California, as authorized by law, $1,050,000, to be
    derived from forest receipts.

                acquisition of lands to complete land exchanges

        For acquisition of lands, such sums, to be derived from funds
    deposited by State, county, or municipal governments, public school
    districts, or other public school authorities, and for authorized
    expenditures from funds deposited by non-Federal parties pursuant to
    Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
    as amended (16 U.S.C. 484a), to remain available until expended (16
    U.S.C. 460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
    591; and Public Law 78-310).

                             range betterment fund

        For necessary expenses of range rehabilitation, protection, and
    improvement, 50 percent of all moneys received during the prior fiscal
    year, as fees for grazing domestic livestock on lands in National
    Forests in the 16 Western States, pursuant to section 401(b)(1) of
    Public Law 94-579, as amended, to remain available until expended, of
    which not to exceed 6 percent shall be available for administrative
    expenses associated with on-the-ground range rehabilitation,
    protection, and improvements.

        gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain
    available until expended, to be derived from the fund established
    pursuant to the above Act.

            management of national forest lands for subsistence uses

        For necessary expenses of the Forest Service to manage Federal
    lands in Alaska for subsistence uses under title VIII of the Alaska
    National Interest Lands Conservation Act (Public Law 96-487),
    $2,606,000, to remain available until expended.

                            wildland fire management

                 (including transfers and rescission of funds)

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    hazardous fuels reduction on or adjacent to such lands, and for
    emergency rehabilitation of burned-over National Forest System lands
    and water, $2,127,922,000, to remain available until expended:
    Provided, That such funds including unobligated balances under this
    heading, are available for repayment of advances from other
    appropriations accounts previously transferred for such purposes:
    Provided further, That such funds shall be available to reimburse State
    and other cooperating entities for services provided in response to
    wildfire and other emergencies or disasters to the extent such
    reimbursements by the Forest Service for non-fire emergencies are fully
    repaid by the responsible emergency management agency: Provided
    further, That, notwithstanding any other provision of law, $9,009,000
    of funds appropriated under this appropriation shall be available for
    the Forest Service in support of fire science research authorized by
    the Joint Fire Science Program, including all Forest Service
    authorities for the use of funds, such as contracts, grants, research
    joint venture agreements, and cooperative agreements: Provided further,
    That all authorities for the use of funds, including the use of
    contracts, grants, and cooperative agreements, available to execute the
    Forest and Rangeland Research appropriation, are also available in the
    utilization of these funds for Fire Science Research: Provided further,
    That funds provided shall be available for emergency rehabilitation and
    restoration, hazardous fuels reduction activities in the urban-wildland
    interface, support to Federal emergency response, and wildfire
    suppression activities of the Forest Service: Provided further, That of
    the funds provided, $369,447,000 is for hazardous fuels reduction
    activities, $11,000,000 is for rehabilitation and restoration,
    $24,060,000 is for research activities and to make competitive research
    grants pursuant to the Forest and Rangeland Renewable Resources
    Research Act, as amended (16 U.S.C. 1641 et seq.), $70,000,000 is for
    State fire assistance, $9,000,000 is for volunteer fire assistance,
    $20,752,000 is for forest health activities on Federal lands and
    $11,428,000 is for forest health activities on State and private lands:
    Provided further, That amounts in this paragraph may be transferred to
    the ``State and Private Forestry'', ``National Forest System'', and
    ``Forest and Rangeland Research'' accounts to fund State fire
    assistance, volunteer fire assistance, forest health management, forest
    and rangeland research, the Joint Fire Science Program, vegetation and
    watershed management, heritage site rehabilitation, and wildlife and
    fish habitat management and restoration: Provided further, That up to
    $10,000,000 of the funds provided under this heading for hazardous
    fuels treatments may be transferred to and made a part of the
    ``National Forest System'' account to facilitate integrated projects 30
    days after notifying the House and the Senate Committees on
    Appropriations: Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any non-
    Federal entity may be shared, as mutually agreed on by the affected
    parties: Provided further, That up to $15,000,000 of the funds provided
    herein may be used by the Secretary of Agriculture to enter into
    procurement contracts or cooperative agreements or to issue grants for
    hazardous fuels reduction and for training or monitoring associated
    with such hazardous fuels reduction activities on Federal land or on
    non-Federal land if the Secretary determines such activities implement
    a community wildfire protection plan (or equivalent) and benefit
    resources on Federal land: Provided further, That funds made available
    to implement the Community Forest Restoration Act, Public Law 106-393,
    title VI, shall be available for use on non-Federal lands in accordance
    with authorities made available to the Forest Service under the ``State
    and Private Forestry'' appropriation: Provided further, That the
    Secretary of the Interior and the Secretary of Agriculture may
    authorize the transfer of funds appropriated for wildland fire
    management, in an aggregate amount not to exceed $50,000,000, between
    the Departments when such transfers would facilitate and expedite
    jointly funded wildland fire management programs and projects: Provided
    further, That of the funds provided for hazardous fuels reduction, not
    to exceed $5,000,000 may be used to make grants, using any authorities
    available to the Forest Service under the ``State and Private
    Forestry'' appropriation, for the purpose of creating incentives for
    increased use of biomass from National Forest System lands; not to
    exceed $5,000,000 may be transferred to the ``State and Private
    Forestry'' account as authorized under Public Law 110-246, section
    9013, to fund the Community Wood Energy Program; and not to exceed
    $5,000,000 may be transferred to the ``Forest and Rangeland Research''
    account as authorized under Public Law 110-246, section 9012, to fund
    the Forest Biomass for Energy Program: Provided further, That funds
    designated for wildfire suppression, including funds transferred from
    the FLAME Wildfire Suppression Reserve Fund, shall be assessed for cost
    pools on the same basis as such assessments are calculated against
    other agency programs: Provided further, That $155,000,000 in
    unobligated fire suppression balances under this heading from Public
    Law 111-88 are hereby permanently rescinded.

                    Flame Wildfire Suppression Reserve Fund

                         (including transfers of funds)

        For deposit in the FLAME Wildfire Suppression Reserve Fund, as
    authorized in the FLAME Act of 2009 (title V of division A of Public
    Law 111-88), $291,000,000, to remain available until expended.

                   administrative provisions, forest service

                         (including transfers of funds)

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire
    of such vehicles; purchase, lease, operation, maintenance, and
    acquisition of aircraft from excess sources to maintain the operable
    fleet for use in Forest Service wildland fire programs and other Forest
    Service programs; notwithstanding other provisions of law, existing
    aircraft being replaced may be sold, with proceeds derived or trade-in
    value used to offset the purchase price for the replacement aircraft;
    (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
    employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
    of buildings and other public improvements (7 U.S.C. 2250); (4)
    acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
    428a; (5) for expenses pursuant to the Volunteers in the National
    Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
    of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
    collection contracts in accordance with 31 U.S.C. 3718(c).
        Any appropriations or funds available to the Forest Service may be
    transferred to the ``Wildland Fire Management'' appropriation for
    forest firefighting, emergency rehabilitation of burned-over or damaged
    lands or waters under its jurisdiction, and fire preparedness due to
    severe burning conditions five days after the Secretary notifies the
    House and Senate Committees on Appropriations that all fire suppression
    funds appropriated under the headings ``Wildland Fire Management'' and
    ``FLAME Wildfire Suppression Reserve Fund'' shall be fully obligated
    within 30 days: Provided, That all funds used pursuant to this
    paragraph must be replenished by a supplemental appropriation which
    must be requested as promptly as possible.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with United States
    and international organizations. The Forest Service, acting for the
    International Program, may sign direct funding agreements with foreign
    governments and institutions as well as other domestic agencies
    (including the U.S. Agency for International Development, the
    Department of State, and the Millennium Challenge Corporation), U.S.
    private sector firms, institutions and organizations to provide
    technical assistance and training programs overseas on forestry and
    rangeland management.
        None of the funds made available to the Forest Service in this Act
    or any other Act with respect to any fiscal year shall be subject to
    transfer under the provisions of section 702(b) of the Department of
    Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
    Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
    (7 U.S.C. 8316(b)).
        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in the explanatory statement accompanying this
    Act.
        Not more than $1,057,000,000 of funds made available to the Forest
    Service shall be assessed for cost pools 1 through 5.
        Not more than $75,310,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $16,726,000 of funds available to the
    Forest Service shall be transferred to the Department of Agriculture
    for Department Reimbursable Programs, commonly referred to as Greenbook
    charges. Nothing in this paragraph shall prohibit or limit the use of
    reimbursable agreements requested by the Forest Service in order to
    obtain services from the Department of Agriculture's National
    Information Technology Center.
        Funds available to the Forest Service shall be available for
    priority projects within the scope of the approved budget, which shall
    be carried out by the Youth Conservation Corps and shall be carried out
    under the authority of the Public Lands Corps Act of 1993, Public Law
    103-82, as amended by the Public Lands Corps Healthy Forests
    Restoration Act of 2005, Public Law 109-154.
        Of the funds available to the Forest Service, $4,000 is available
    to the Chief of the Forest Service for official reception and
    representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
    the funds available to the Forest Service, $3,000,000 may be advanced
    in a lump sum to the National Forest Foundation to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when the Foundation incurs expenses, for projects on or
    benefitting National Forest System lands or related to Forest Service
    programs: Provided, That of the Federal funds made available to the
    Foundation, no more than $50,000 shall be available for administrative
    expenses:  Provided further, That the Foundation shall obtain, by the
    end of the period of Federal financial assistance, private
    contributions to match, on at least a one-for-one basis, funds made
    available by the Forest Service: Provided further, That the Foundation
    may transfer Federal funds to a Federal or a non-Federal recipient for
    a project at the same rate that the recipient has obtained the non-
    Federal matching funds: Provided further, That authorized investments
    of Federal funds held by the Foundation may be made only in interest-
    bearing obligations of the United States or in obligations guaranteed
    as to both principal and interest by the United States.
        Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
    funds available to the Forest Service shall be advanced to the National
    Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest
    Service programs: Provided, That such funds shall be matched on at
    least a one-for-one basis by the Foundation or its sub-recipients:
    Provided further, That the Foundation may transfer Federal funds to a
    Federal or non-Federal recipient for a project at the same rate that
    the recipient has obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.
        During fiscal year 2011 and subsequent fiscal years, the Secretary
    of Agriculture, acting through the Forest Service, may carry out a
    program, to be known as the ``Legacy Road and Trail Remediation
    program'', to conduct urgently needed decommissioning of Forest Service
    roads, forest road and trail repair and maintenance and associated
    activities, and removal of fish passage barriers on National Forest
    System lands, especially in areas where Forest Service roads may be
    contributing to water quality problems in streams and water bodies
    supporting threatened, endangered or sensitive species or community
    water sources.
        In such amounts as may be provided in appropriation Acts, the
    Secretary of Agriculture, acting through the Forest Service, may
    provide for the decommissioning of Forest Service roads, including
    unauthorized roads not part of the Forest Service transportation
    system, which the Secretary determines are no longer needed.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        Any funds appropriated to the Forest Service may be used to meet
    the non-Federal share requirement in section 502(c) of the Older
    American Act of 1965 (42 U.S.C. 3056(c)(2)).
        Funds available to the Forest Service, not to exceed $55,000,000,
    shall be assessed for the purpose of performing fire, administrative
    and other facilities maintenance and decommissioning. Such assessments
    shall occur using a square foot rate charged on the same basis the
    agency uses to assess programs for payment of rent, utilities, and
    other support services.
        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service not to exceed $500,000 may be
    used to reimburse the Office of the General Counsel (OGC), Department
    of Agriculture, for travel and related expenses incurred as a result of
    OGC assistance or participation requested by the Forest Service at
    meetings, training sessions, management reviews, land purchase
    negotiations and similar nonlitigation-related matters. Future budget
    justifications for both the Forest Service and the Department of
    Agriculture should clearly display the sums previously transferred and
    the requested funding transfers.
        An eligible individual who is employed in any project funded under
    title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                             indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $3,961,187,000, together
    with payments received during the fiscal year pursuant to 42 U.S.C.
    238(b) and 238b for services furnished by the Indian Health Service:
    Provided, That funds made available to tribes and tribal organizations
    through contracts, grant agreements, or any other agreements or
    compacts authorized by the Indian Self-Determination and Education
    Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
    at the time of the grant or contract award and thereafter shall remain
    available to the tribe or tribal organization without fiscal year
    limitation: Provided further, That $862,765,000 for contract medical
    care, including $53,000,000 for the Indian Catastrophic Health
    Emergency Fund, shall remain available until expended: Provided
    further, That of the funding provided for information technology
    activities and, notwithstanding any other provision of law, $4,000,000
    shall be allocated at the discretion of the Director of the Indian
    Health Service: Provided further, That of the funds provided, up to
    $36,000,000 shall remain available until expended for implementation of
    the loan repayment program under section 108 of the Indian Health Care
    Improvement Act: Provided further, That the amounts collected by the
    Federal Government as authorized by sections 104 and 108 of the Indian
    Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
    preceding fiscal year for breach of contracts shall be deposited to the
    Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
    shall remain available until expended and, notwithstanding section
    108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
    make new awards under the loan repayment and scholarship programs under
    sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
    further, That $16,391,000 is provided for the methamphetamine and
    suicide prevention and treatment initiative and $10,000,000 is provided
    for the domestic violence prevention initiative and, notwithstanding
    any other provision of law, the amounts available under this proviso
    shall be allocated at the discretion of the Director of the Indian
    Health Service and shall remain available until expended: Provided
    further, That $4,000,000 is provided for a substance abuse treatment
    grant program and, notwithstanding any other provision of law, the
    amounts available under this proviso shall be allocated at the
    discretion of the Director of the Indian Health Service and shall
    remain available until September 30, 2012: Provided further, That funds
    provided in this Act may be used for annual contracts and grants that
    fall within 2 fiscal years, provided the total obligation is recorded
    in the year the funds are appropriated: Provided further, That the
    amounts collected by the Secretary of Health and Human Services under
    the authority of title IV of the Indian Health Care Improvement Act
    shall remain available until expended for the purpose of achieving
    compliance with the applicable conditions and requirements of titles
    XVIII and XIX of the Social Security Act, except for those related to
    the planning, design, or construction of new facilities: Provided
    further, That funding contained herein for scholarship programs under
    the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
    available until expended: Provided further, That amounts received by
    tribes and tribal organizations under title IV of the Indian Health
    Care Improvement Act shall be reported and accounted for and available
    to the receiving tribes and tribal organizations until expended:
    Provided further, That, notwithstanding any other provision of law, of
    the amounts provided herein, not to exceed $444,332,000 shall be for
    payments to tribes and tribal organizations for contract or grant
    support costs associated with contracts, grants, self-governance
    compacts, or annual funding agreements between the Indian Health
    Service and a tribe or tribal organization pursuant to the Indian Self-
    Determination Act of 1975, as amended, prior to or during fiscal year
    2011, of which not to exceed $10,000,000 may be used for contract
    support costs associated with new or expanded self-determination
    contracts, grants, self-governance compacts, or annual funding
    agreements: Provided further, That the Bureau of Indian Affairs may
    collect from the Indian Health Service, tribes and tribal organizations
    operating health facilities pursuant to Public Law 93-638, such
    individually identifiable health information relating to disabled
    children as may be necessary for the purpose of carrying out its
    functions under the Individuals with Disabilities Education Act (20
    U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
    Improvement Fund may be used, as needed, to carry out activities
    typically funded under the Indian Health Facilities account.

                            indian health facilities

        For construction, repair, maintenance, improvement, and equipment
    of health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the
    Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
    Act, and the Indian Health Care Improvement Act, and for expenses
    necessary to carry out such Acts and titles II and III of the Public
    Health Service Act with respect to environmental health and facilities
    support activities of the Indian Health Service, $445,242,000, to
    remain available until expended: Provided, That notwithstanding any
    other provision of law, funds appropriated for the planning, design,
    construction, renovation or expansion of health facilities for the
    benefit of an Indian tribe or tribes may be used to purchase land on
    which such facilities will be located: Provided further, That not to
    exceed $500,000 shall be used by the Indian Health Service to purchase
    TRANSAM equipment from the Department of Defense for distribution to
    the Indian Health Service and tribal facilities: Provided further, That
    none of the funds appropriated to the Indian Health Service may be used
    for sanitation facilities construction for new homes funded with grants
    by the housing programs of the United States Department of Housing and
    Urban Development: Provided further, That not to exceed $2,700,000 from
    this account and the ``Indian Health Services'' account shall be used
    by the Indian Health Service to obtain ambulances for the Indian Health
    Service and tribal facilities in conjunction with an existing
    interagency agreement between the Indian Health Service and the General
    Services Administration: Provided further, That not to exceed $500,000
    shall be placed in a Demolition Fund, to remain available until
    expended, and be used by the Indian Health Service for the demolition
    of Federal buildings.

                administrative provisions, indian health service

        Appropriations provided in this Act to the Indian Health Service
    shall be available for services as authorized by 5 U.S.C. 3109 at rates
    not to exceed the per diem rate equivalent to the maximum rate payable
    for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary; uniforms or allowances therefor as
    authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
    meetings that relate to the functions or activities of the Indian
    Health Service.
        In accordance with the provisions of the Indian Health Care
    Improvement Act, non-Indian patients may be extended health care at all
    tribally administered or Indian Health Service facilities, subject to
    charges, and the proceeds along with funds recovered under the Federal
    Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
    the account of the facility providing the service and shall be
    available without fiscal year limitation. Notwithstanding any other law
    or regulation, funds transferred from the Department of Housing and
    Urban Development to the Indian Health Service shall be administered
    under Public Law 86-121, the Indian Sanitation Facilities Act and
    Public Law 93-638, as amended.
        Funds appropriated to the Indian Health Service in this Act, except
    those used for administrative and program direction purposes, shall not
    be subject to limitations directed at curtailing Federal travel and
    transportation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used for any assessments or charges by the Department
    of Health and Human Services unless identified in the budget
    justification and provided in this Act, or approved by the House and
    Senate Committees on Appropriations through the reprogramming process.
        Notwithstanding any other provision of law, funds previously or
    herein made available to a tribe or tribal organization through a
    contract, grant, or agreement authorized by title I or title V of the
    Indian Self-Determination and Education Assistance Act of 1975 (25
    U.S.C. 450), may be deobligated and reobligated to a self-determination
    contract under title I, or a self-governance agreement under title V of
    such Act and thereafter shall remain available to the tribe or tribal
    organization without fiscal year limitation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used to implement the final rule published in the
    Federal Register on September 16, 1987, by the Department of Health and
    Human Services, relating to the eligibility for the health care
    services of the Indian Health Service until the Indian Health Service
    has submitted a budget request reflecting the increased costs
    associated with the proposed final rule, and such request has been
    included in an appropriations Act and enacted into law.
        With respect to functions transferred by the Indian Health Service
    to tribes or tribal organizations, the Indian Health Service is
    authorized to provide goods and services to those entities on a
    reimbursable basis, including payments in advance with subsequent
    adjustment. The reimbursements received therefrom, along with the funds
    received from those entities pursuant to the Indian Self-Determination
    Act, may be credited to the same or subsequent appropriation account
    from which the funds were originally derived, with such amounts to
    remain available until expended.
        Reimbursements for training, technical assistance, or services
    provided by the Indian Health Service will contain total costs,
    including direct, administrative, and overhead associated with the
    provision of goods, services, or technical assistance.
        The appropriation structure for the Indian Health Service may not
    be altered without advance notification to the House and Senate
    Committees on Appropriations.

                         National Institutes of Health

              national institute of environmental health sciences

        For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended, and section 126(g) of the Superfund
    Amendments and Reauthorization Act of 1986, $81,763,000.

                Agency for Toxic Substances and Disease Registry

                toxic substances and environmental public health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i) and 111(c)(4) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
    section 118(f) of the Superfund Amendments and Reauthorization Act of
    1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
    Act, as amended, $76,337,000, of which up to $1,000 per eligible
    employee of the Agency for Toxic Substances and Disease Registry shall
    remain available until expended for Individual Learning Accounts:
    Provided, That notwithstanding any other provision of law, in lieu of
    performing a health assessment under section 104(i)(6) of CERCLA, the
    Administrator of ATSDR may conduct other appropriate health studies,
    evaluations, or activities, including, without limitation, biomedical
    testing, clinical evaluations, medical monitoring, and referral to
    accredited health care providers: Provided further, That in performing
    any such health assessment or health study, evaluation, or activity,
    the Administrator of ATSDR shall not be bound by the deadlines in
    section 104(I)(6)(A) of CERCLA: Provided further, That none of the
    funds appropriated under this heading shall be available for ATSDR to
    issue in excess of 40 toxicological profiles pursuant to section 104(I)
    of CERCLA during fiscal year 2011, and existing profiles may be updated
    as necessary.

                             OTHER RELATED AGENCIES

                       Executive Office of the President

      council on environmental quality and office of environmental quality

        For necessary expenses to continue functions assigned to the
    Council on Environmental Quality and Office of Environmental Quality
    pursuant to the National Environmental Policy Act of 1969, the
    Environmental Quality Improvement Act of 1970, and Reorganization Plan
    No. 1 of 1977, and not to exceed $750 for official reception and
    representation expenses, $3,448,000: Provided, That notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

                 Chemical Safety and Hazard Investigation Board

                             salaries and expenses

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefor, as authorized by 5
    U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $13,147,000: Provided, That the Chemical Safety and Hazard
    Investigation Board (Board) shall have not more than three career
    Senior Executive Service positions: Provided further, That
    notwithstanding any other provision of law, the individual appointed to
    the position of Inspector General of the Environmental Protection
    Agency (EPA) shall, by virtue of such appointment, also hold the
    position of Inspector General of the Board: Provided further, That
    notwithstanding any other provision of law, the Inspector General of
    the Board shall utilize personnel of the Office of Inspector General of
    EPA in performing the duties of the Inspector General of the Board, and
    shall not appoint any individuals to positions within the Board.

                  Office of Navajo and Hopi Indian Relocation

                             salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $8,000,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible
    individuals and groups including evictees from District 6, Hopi-
    partitioned lands residents, those in significantly substandard
    housing, and all others certified as eligible and not included in the
    preceding categories: Provided further, That none of the funds
    contained in this or any other Act may be used by the Office of Navajo
    and Hopi Indian Relocation to evict any single Navajo or Navajo family
    who, as of November 30, 1985, was physically domiciled on the lands
    partitioned to the Hopi Tribe unless a new or replacement home is
    provided for such household: Provided further, That no relocatee will
    be provided with more than one new or replacement home: Provided
    further, That the Office shall relocate any certified eligible
    relocatees who have selected and received an approved homesite on the
    Navajo reservation or selected a replacement residence off the Navajo
    reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            payment to the institute

        For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by title XV of Public Law
    99-498, as amended (20 U.S.C. 56 part A), $8,750,000.

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art, science,
    and history; development, preservation, and documentation of the
    National Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease agreements of no
    more than 30 years, and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
    employees, $660,850,000, to remain available until September 30, 2012,
    except as otherwise provided herein; of which not to exceed $20,556,000
    for the instrumentation program, collections acquisition, exhibition
    reinstallation, the National Museum of African American History and
    Culture, and the repatriation of skeletal remains program shall remain
    available until expended; and including such funds as may be necessary
    to support American overseas research centers: Provided, That funds
    appropriated herein are available for advance payments to independent
    contractors performing research services or participating in official
    Smithsonian presentations.

                               facilities capital

        For necessary expenses of repair, revitalization, and alteration of
    facilities owned or occupied by the Smithsonian Institution, by
    contract or otherwise, as authorized by section 2 of the Act of August
    22, 1949 (63 Stat. 623), and for construction, including necessary
    personnel, $136,750,000, to remain available until expended, of which
    not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.

                            National Gallery of Art

                             salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services
    for protecting buildings and contents thereof, and maintenance,
    alteration, improvement, and repair of buildings, approaches, and
    grounds; and purchase of services for restoration and repair of works
    of art for the National Gallery of Art by contracts made, without
    advertising, with individuals, firms, or organizations at such rates or
    prices and under such terms and conditions as the Gallery may deem
    proper, $116,324,000, of which not to exceed $3,445,000 for the special
    exhibition program shall remain available until expended.

                repair, restoration and renovation of buildings

        For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, as authorized, $48,221,000,
    to remain available until expended: Provided, That of this amount,
    $42,250,000 shall be available for repair of the National Gallery's
    East Building facade: Provided further, That contracts awarded for
    environmental systems, protection systems, and exterior repair or
    renovation of buildings of the National Gallery of Art may be
    negotiated with selected contractors and awarded on the basis of
    contractor qualifications as well as price.

                 John f. Kennedy Center for the Performing Arts

                           operations and maintenance

        For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $23,500,000:
    Provided, That the proviso under this heading in division A of Public
    Law 111-88 is amended by striking ``until expended'' and all that
    follows and inserting ``until September 30, 2011.''.

                         capital repair and restoration

        For necessary expenses for capital repair and restoration of the
    existing features of the building and site of the John F. Kennedy
    Center for the Performing Arts, $13,920,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                             salaries and expenses

        For expenses necessary in carrying out the provisions of the
    Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
    passenger vehicles and services as authorized by 5 U.S.C. 3109,
    $12,225,000, to remain available until September 30, 2012.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $170,000,000 shall be
    available to the National Endowment for the Arts for the support of
    projects and productions in the arts, including arts education and
    public outreach activities, through assistance to organizations and
    individuals pursuant to section 5 of the Act, for program support, and
    for administering the functions of the Act, to remain available until
    expended: Provided, That funds appropriated herein shall be expended in
    accordance with sections 309 and 311 of Public Law 108-447, as amended
    by Public Law 110-161.

                     National Endowment for the Humanities

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $170,000,000, to
    remain available until expended, of which $154,600,000 shall be
    available for support of activities in the humanities, pursuant to
    section 7(c) of the Act and for administering the functions of the Act;
    and $15,400,000 shall be available to carry out the matching grants
    program pursuant to section 10(a)(2) of the Act including $10,175,000
    for the purposes of section 7(h): Provided, That appropriations for
    carrying out section 10(a)(2) shall be available for obligation only in
    such amounts as may be equal to the total amounts of gifts, bequests,
    and devises of money, and other property accepted by the chairman or by
    grantees of the Endowment under the provisions of subsections
    11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
    years for which equal amounts have not previously been appropriated.

                           administrative provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913: Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses: Provided further, That funds from
    nonappropriated sources may be used as necessary for official reception
    and representation expenses: Provided further, That the Chairperson of
    the National Endowment for the Arts may approve grants of up to
    $10,000, if in the aggregate this amount does not exceed 5 percent of
    the sums appropriated for grant-making purposes per year: Provided
    further, That such small grant actions are taken pursuant to the terms
    of an expressed and direct delegation of authority from the National
    Council on the Arts to the Chairperson.

                            Commission of Fine Arts

                             salaries and expenses

        For expenses made necessary by the Act establishing a Commission of
    Fine Arts (40 U.S.C. 104), $2,349,000: Provided, That the Commission is
    authorized to charge fees to cover the full costs of its publications,
    and such fees shall be credited to this account as an offsetting
    collection, to remain available until expended without further
    appropriation: Provided further, That the Commission is authorized to
    accept gifts, including objects, papers, artwork, drawings and
    artifacts, that pertain to the history and design of the Nation's
    Capital or the history and activities of the Commission of Fine Arts,
    for the purpose of artistic display, study or education.

                   National Capital Arts and Cultural Affairs

        For necessary expenses as authorized by Public Law 99-190 (20
    U.S.C. 956a), as amended, $12,000,000.

                   Advisory Council on Historic Preservation

                             salaries and expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665, as amended), $5,908,000.

                      National Capital Planning Commission

                             salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $9,100,000, of which $300,000 shall be
    used for coordination of a regional innovation cluster initiative for
    the National Capital region: Provided, That one-quarter of 1 percent of
    the funds provided under this heading may be used for official
    reception and representational expenses associated with hosting
    international visitors engaged in the planning and physical development
    of world capitals.

                    United States Holocaust Memorial Museum

                           holocaust memorial museum

        For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $50,521,000, of which
    $515,000 for the Museum's equipment replacement program, $1,900,000 for
    the Museum's repair and rehabilitation program, and $1,243,000 for the
    Museum's outreach initiatives program shall remain available until
    expended.

                                 Presidio Trust

                              presidio trust fund

        For necessary expenses to carry out title I of the Omnibus Parks
    and Public Lands Management Act of 1996, $21,600,000 shall be available
    to the Presidio Trust, to remain available until expended.

                                    TITLE IV

                               GENERAL PROVISIONS

                         (including transfers of funds)

                       limitation on consulting services

        Sec. 401.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive Order issued pursuant to existing law.

                          restriction on use of funds

        Sec. 402.  No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or
    opposition to any legislative proposal on which Congressional action is
    not complete other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

                          obligation of appropriations

        Sec. 403.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.

               prohibition on use of funds for personal services

        Sec. 404.  None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency except as otherwise provided by law.

                     disclosure of administrative expenses

        Sec. 405.  Estimated overhead charges, deductions, reserves or
    holdbacks from programs, projects, activities and subactivities to
    support government-wide, departmental, agency or bureau administrative
    functions or headquarters, regional or central operations shall be
    presented in annual budget justifications and subject to approval by
    the Committees on Appropriations. Changes to such estimates shall be
    presented to the Committees on Appropriations for approval.

                                 giant sequoia

        Sec. 406.  None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant
    sequoia (Sequoiadendron giganteum) which are located on National Forest
    System or Bureau of Land Management lands in a manner different than
    such sales were conducted in fiscal year 2010.

                          transfer of funds authority

        Sec. 407.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    provided in, this Act or any other Act.

                              mining applications

        Sec. 408. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply
    if the Secretary of the Interior determines that, for the claim
    concerned: (1) a patent application was filed with the Secretary on or
    before September 30, 1994; and (2) all requirements established under
    sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
    for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
    Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
    section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
    claims, as the case may be, were fully complied with by the applicant
    by that date.
        (c) Report.--On September 30, 2011, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Natural Resources of the House and the Committee on
    Energy and Natural Resources of the Senate a report on actions taken by
    the Department under the plan submitted pursuant to section 314(c) of
    the Department of the Interior and Related Agencies Appropriations Act,
    1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of the mining claims
    or mill sites contained in a patent application as set forth in
    subsection (b). The Bureau of Land Management shall have the sole
    responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.

                             contract support costs

        Sec. 409.  Notwithstanding any other provision of law, amounts
    appropriated to or otherwise designated in committee reports for the
    Bureau of Indian Affairs and the Indian Health Service by Public Laws
    103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
    107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
    Continuing Appropriations Resolution, 2007 (division B of Public Law
    109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
    92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8 and 111-
    88 for payments for contract support costs associated with self-
    determination or self-governance contracts, grants, compacts, or annual
    funding agreements with the Bureau of Indian Affairs or the Indian
    Health Service as funded by such Acts, are the total amounts available
    for fiscal years 1994 through 2010 for such purposes, except that the
    Bureau of Indian Affairs, tribes and tribal organizations may use their
    tribal priority allocations for unmet contract support costs of ongoing
    contracts, grants, self-governance compacts, or annual funding
    agreements.

                            forest management plans

        Sec. 410.  The Secretary of Agriculture shall not be considered to
    be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
    Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
    solely because more than 15 years have passed without revision of the
    plan for a unit of the National Forest System. Nothing in this section
    exempts the Secretary from any other requirement of the Forest and
    Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
    any other law: Provided, That if the Secretary is not acting
    expeditiously and in good faith, within the funding available, to
    revise a plan for a unit of the National Forest System, this section
    shall be void with respect to such plan and a court of proper
    jurisdiction may order completion of the plan on an accelerated basis.

                     prohibition within national monuments

        Sec. 411.  No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
    Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where
    such activities are allowed under the Presidential proclamation
    establishing such monument.

                international firefighter cooperative agreements

        Sec. 412.  In entering into agreements with foreign fire
    organizations pursuant to the Temporary Emergency Wildfire Suppression
    Act (42 U.S.C. 1856m-1856o), the Secretary of Agriculture and the
    Secretary of the Interior are authorized to enter into reciprocal
    agreements in which the individuals furnished under said agreements to
    provide wildfire services are considered, for purposes of tort
    liability, employees of the fire organization receiving said services
    when the individuals are engaged in fire suppression or presuppression:
    Provided, That the Secretary of Agriculture or the Secretary of the
    Interior shall not enter into any agreement under this provision unless
    the foreign fire organization agrees to assume any and all liability
    for the acts or omissions of American firefighters engaged in fire
    suppression or presuppression in a foreign country: Provided further,
    That when an agreement is reached for furnishing fire suppression or
    presuppression services, the only remedies for acts or omissions
    committed while engaged in fire suppression or presuppression shall be
    those provided under the laws applicable to the fire organization
    receiving the fire suppression or presuppression services, and those
    remedies shall be the exclusive remedies for any claim arising out of
    fire suppression or presuppression activities in a foreign country:
    Provided further, That neither the sending country nor any legal
    organization associated with the firefighter shall be subject to any
    legal action, consistent with the applicable laws governing sovereign
    immunity, pertaining to or arising out of the firefighter's role in
    fire suppression or presuppression, except that if the foreign fire
    organization is unable to provide immunity under laws applicable to it,
    it shall assume any and all liability for the United States or for any
    legal organization associated with the American firefighter, and for
    any and all costs incurred or assessed, including legal fees, for any
    act or omission pertaining to or arising out of the firefighter's role
    in fire suppression or presuppression.

                            contracting authorities

        Sec. 413.  In awarding a Federal contract with funds made available
    by this Act, notwithstanding Federal Government procurement and
    contracting laws, the Secretary of Agriculture and the Secretary of the
    Interior (the ``Secretaries'') may, in evaluating bids and proposals,
    give consideration to local contractors who are from, and who provide
    employment and training for, dislocated and displaced workers in an
    economically disadvantaged rural community, including those
    historically timber-dependent areas that have been affected by reduced
    timber harvesting on Federal lands and other forest-dependent rural
    communities isolated from significant alternative employment
    opportunities: Provided, That notwithstanding Federal Government
    procurement and contracting laws the Secretaries may award contracts,
    grants or cooperative agreements to local non-profit entities, Youth
    Conservation Corps or related partnerships with State, local or non-
    profit youth groups, or small or micro-business or disadvantaged
    business: Provided further, That the contract, grant, or cooperative
    agreement is for forest hazardous fuels reduction, watershed or water
    quality monitoring or restoration, wildlife or fish population
    monitoring, road decommissioning, trail maintenance or improvement, or
    habitat restoration or management: Provided further, That the terms
    ``rural community'' and ``economically disadvantaged'' shall have the
    same meanings as in section 2374 of Public Law 101-624: Provided
    further, That the Secretaries shall develop guidance to implement this
    section: Provided further, That nothing in this section shall be
    construed as relieving the Secretaries of any duty under applicable
    procurement laws, except as provided in this section.

                             limitation on takings

        Sec. 414.  Unless otherwise provided herein, no funds appropriated
    in this Act for the acquisition of lands or interests in lands may be
    expended for the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate Committees on
    Appropriations: Provided, That this provision shall not apply to funds
    appropriated to implement the Everglades National Park Protection and
    Expansion Act of 1989, or to funds appropriated for Federal assistance
    to the State of Florida to acquire lands for Everglades restoration
    purposes.

                      hunters point environmental cleanup

        Sec. 415.  In addition to the amounts otherwise provided to the
    Environmental Protection Agency in this Act, $8,000,000, to remain
    available until expended, is provided to EPA to be transferred to the
    Department of the Navy for clean-up activities at the Treasure Island
    Naval Station--Hunters Point Annex.

                            timber sale requirements

        Sec. 416.  The Forest Service shall use the residual value approach
    to appraising all timber sales in Alaska's Region 10 that contain a
    component of Western red cedar and shall only offer sales that contain
    a component of Western red cedar that are not deficit. Western red
    cedar shall be appraised using lower 48 State domestic values if the
    timber might be eligible for shipment to the lower 48 States. All of
    the Western red cedar timber from those sales which is surplus to the
    needs of domestic processors in Alaska shall be made available to
    domestic processors in the contiguous 48 United States at prevailing
    domestic prices in the contiguous 48 United States. Western red cedar
    shall be deemed ``surplus to the needs of domestic processors in
    Alaska'' if the Forest Service determines it is surplus or if the
    timber sale holder has presented to the Forest Service documentation
    that the Forest Service determines is valid of the inability to sell
    Western red cedar logs from a given sale to domestic Alaska processors
    at a price equal to or greater than the log selling value stated in the
    contract. All additional Western red cedar volume not sold to Alaska or
    to contiguous 48 United States domestic processors may be exported to
    foreign markets if the Forest Service determines it is surplus to the
    needs of the 50 States. All Alaska yellow cedar may be sold at
    prevailing export prices if the Forest Service determines it is surplus
    to the needs of the 50 States.

                                cabin user fees

        Sec. 417.  Notwithstanding any other provision of law, none of the
    funds made available by this or any other Act may be used by the
    Secretary of Agriculture to increase a recreation residence user fee
    for calendar year 2011 by more than 25 percent of the recreation
    residence user fee applicable to the recreation residence for calendar
    year 2010.

                     report on use of climate change funds

        Sec. 418.  Not later than 120 days after the date on which the
    President's fiscal year 2012 budget request is submitted to Congress,
    the President shall submit a comprehensive report to the Committee on
    Appropriations of the House of Representatives and the Committee on
    Appropriations of the Senate describing in detail all Federal agency
    funding, domestic and international, for climate change programs,
    projects and activities in fiscal year 2010 and fiscal year 2011,
    including an accounting of funding by agency with each agency
    identifying climate change programs, projects and activities and
    associated costs by line item as presented in the President's Budget
    Appendix, and including citations and linkages where practicable to
    each strategic plan that is driving funding within each climate change
    program, project and activity listed in the report.

            national capital arts and cultural affairs authorization

        Sec. 419.  The item relating to ``National Capital Arts and
    Cultural Affairs'' in the Department of the Interior and Related
    Agencies Appropriations Act, 1986, as enacted into law by section
    101(d) of Public Law 99-190 and as amended by section 418 of the
    Department of the Interior, Environment and Related Agencies
    Appropriations Act, 2010 (20 U.S.C. 956a), is amended in the second
    sentence of the first paragraph by striking ``$10,000,000'' and
    inserting ``$12,000,000''.

                        prohibition on no-bid contracts

        Sec. 420.  None of the funds appropriated or otherwise made
    available by this Act to executive branch agencies may be used to enter
    into any Federal contract unless such contract is entered into in
    accordance with the requirements of the Federal Property and
    Administrative Service Act of 1949 (41 U.S.C. 253) or chapter 137 of
    title 10, United States Code, and the Federal Acquisition Regulations,
    unless:
                (1) Federal law specifically authorizes a contract to be
            entered into without regard for these requirements, including
            formula grants for States, or federally recognized Indian
            tribes; or
                (2) such contract is authorized by the Indian Self-
            Determination and Education and Assistance Act (Public Law 93-
            638, 25 U.S.C. 450 et seq., as amended) or by any other Federal
            laws that specifically authorize a contract within an Indian
            tribe as defined in section 4(e) of that Act (25 U.S.C.
            450b(e)); or
                (3) such contract was awarded prior to the date of
            enactment of this Act.

                               posting of reports

        Sec. 421. (a) Any agency receiving funds made available in this
    Act, shall, subject to subsections (b) and (c), post on the public
    website of that agency any report required to be submitted by the
    Congress in this or any other Act, upon the determination by the head
    of the agency that it shall serve the national interest.
        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains proprietary information.
        (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee
    or Committees of Congress for no less than 45 days.

                  san francisco bay restoration grant program

        Sec. 422.  Title I of the Federal Water Pollution Control Act (33
    U.S.C. 1251 et seq.) is amended by adding at the end the following:

    ``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Annual priority list.--The term `annual priority
            list' means the annual priority list compiled under subsection
            (b).
                ``(2) Comprehensive plan.--The term `comprehensive plan'
            means--
                        ``(A) the comprehensive conservation and management
                    plan approved under section 320 for the San Francisco
                    Bay estuary; and
                        ``(B) any amendments to that plan.
                ``(3) Estuary partnership.--The term `Estuary Partnership'
            means the San Francisco Estuary Partnership, the entity that is
            designated as the management conference under section 320.
        ``(b) Annual Priority List.--
                ``(1) In general.--After providing public notice, the
            Administrator shall annually compile a priority list
            identifying and prioritizing the activities, projects, and
            studies intended to be funded with the amounts made available
            under subsection (c).
                ``(2) Inclusions.--The annual priority list compiled under
            paragraph (1) shall include--
                        ``(A) activities, projects, or studies, including
                    restoration projects and habitat improvement for fish,
                    waterfowl, and wildlife, that advance the goals and
                    objectives of the approved comprehensive plan;
                        ``(B) information on the activities, projects,
                    programs, or studies specified under subparagraph (A),
                    including a description of--
                                ``(i) the identities of the financial
                            assistance recipients; and
                                ``(ii) the communities to be served; and
                        ``(C) the criteria and methods established by the
                    Administrator for selection of activities, projects,
                    and studies.
                ``(3) Consultation.--In developing the priority list under
            paragraph (1), the Administrator shall consult with and
            consider the recommendations of--
                        ``(A) the Estuary Partnership;
                        ``(B) the State of California and affected local
                    governments in the San Francisco Bay estuary watershed;
                    and
                        ``(C) any other relevant stakeholder involved with
                    the protection and restoration of the San Francisco Bay
                    estuary that the Administrator determines to be
                    appropriate.
        ``(c) Grant Program.--
                ``(1) In general.--Pursuant to section 320, the
            Administrator may provide funding through cooperative
            agreements, grants, or other means to State and local agencies,
            and public or nonprofit agencies, institutions, and
            organizations, including the Estuary Partnership, for
            activities, studies, or projects identified on the annual
            priority list.
                ``(2) Maximum amount of grants; non-federal share.--
                        ``(A) Maximum amount of grants.--Funding provided
                    to any individual or entity under this section for a
                    fiscal year shall not exceed an amount equal to 75
                    percent of the total cost of eligible activities that
                    are to be carried out using such funds.
                        ``(B) Non-federal share.--The non-Federal share of
                    the total cost of any eligible activities that are
                    carried out using funds provided under this section
                    shall be--
                                ``(i) not less than 25 percent; and
                                ``(ii) provided from non-Federal sources.
        ``(d) Funding.--
                ``(1) Authorization of appropriations.--There are
            authorized to be appropriated to the Administrator to carry out
            this section $35,000,000 for each of fiscal years 2011 through
            2020.
                ``(2) Administrative expenses.--Of the amount made
            available to carry out this section for a fiscal year, the
            Administrator shall use not more than 5 percent to pay
            administrative expenses incurred in carrying out this section.
                ``(3) Relationship to other funding.--Nothing in this
            section shall limit the eligibility of the Estuary Partnership
            to receive funding under section 320(g).
                ``(4) Prohibition.--No funding made available under
            subsection (c) may be used for the administration of a
            management conference under section 320.''.

                          extension of grazing permits

        Sec. 423.  The terms and conditions of section 325 of Public Law
    108-108, regarding grazing permits at the Department of the Interior
    and the Forest Service shall remain in effect for fiscal year 2011.

                               control of border

        Sec. 424.  None of the funds made available by this Act may be used
    to impede, prohibit, or restrict activities of the Secretary of
    Homeland Security on public lands to achieve operational control (as
    defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701
    note; Public Law 109-367)) over the international land and maritime
    borders of the United States with respect to section 102(b) of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
    U.S.C. 1103 note).

              incorporation of congressionally requested projects

        Sec. 425.  Within the amounts appropriated in this Act, funding
    shall be allocated in the amounts specified for those projects and
    purposes delineated in the table titled ``Incorporation of
    Congressionally Requested Projects'' included in the explanatory
    statement accompanying this Act: Provided, That subject to the approval
    of the House and Senate Committees on Appropriations funds appropriated
    in this Act for land acquisition, construction, and capital improvement
    and maintenance may be reallocated among projects funded by the same
    appropriation account:  Provided further, That funds appropriated in
    this Act under the heading ``National Park Service--Historic
    Preservation Fund'' for Save America's Treasures grants may be
    reallocated to be used for competitive grants under the Save America's
    Treasures program if such reallocation has been approved by the House
    and Senate Committees on Appropriations:  Provided further, That
    subject to the approval of the House and Senate Committees on
    Appropriations the Bureau of Land Management, Fish and Wildlife
    Service, National Park Service, and Forest Service may allocate either
    greater or lesser amounts than those specified under the heading
    ``Congressionally Directed Spending'' accompanying Public Law 111-8 and
    in the table entitled ``Incorporation of Congressionally Requested
    Projects'' in the joint explanatory statement of managers accompanying
    Public Law 111-88 within the construction, land acquisition, or capital
    improvement and maintenance accounts when necessary to complete
    projects based on the original project scope or to utilize excess funds
    available after completion of a project on other projects within the
    same account.

         rescission of prior-year balances, department of the interior

        Sec. 426.  Of the funds made available to the Department of the
    Interior for emergency wildland fire suppression under the headings
    ``Bureau of Land Management--Wildland Fire Management'' in chapter 6 of
    title I of division B of Public Law 110-329 and ``Department-Wide
    Programs--Wildland Fire Management'' in title VII of Public Law 111-32,
    $160,000,000 are rescinded.

               rescission of prior-year balances, forest service

        Sec. 427.  Of the funds made available to the Forest Service for
    emergency wildland fire suppression under the headings ``Forest
    Service--Wildland Fire Management'' in chapter 6 of title I of division
    B of Public Law 110-329 and title VII of Public Law 111-32,
    $140,000,000 are rescinded.

          TITLE V--SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA

    SECTION 501. SHORT TITLE.

        This Act may be cited as the ``Sacramento-San Joaquin Delta
    National Heritage Area Establishment Act''.

    SEC. 502. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.

        (a) Definitions.--In this section:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Sacramento-San Joaquin Delta Heritage Area established by this
            section.
                (2) Heritage area management plan.--The term ``Heritage
            Area management plan'' means the plan developed and adopted by
            the management entity under this section.
                (3) Management entity.--The term ``management entity''
            means the management entity for the Heritage Area designated by
            subsection (b)(4).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
        (b) Sacramento-San Joaquin Delta Heritage Area.--
                (1) Establishment.--There is established the ``Sacramento-
            San Joaquin Delta Heritage Area'' in the State of California.
                (2) Boundaries.--The boundaries of the Heritage Area shall
            be in the counties of Contra Costa, Sacramento, San Joaquin,
            Solano, and Yolo in the State of California, as generally
            depicted on the map entitled ``Sacramento-San Joaquin Delta
            National Heritage Area Proposed Boundary'', numbered T27/
            105,030, and dated September 2010.
                (3) Availability of map.--The map described in paragraph
            (2) shall be on file and available for public inspection in the
            appropriate offices of the National Park Service and the Delta
            Protection Commission.
                (4) Management entity.--The management entity for the
            Heritage Area shall be the Delta Protection Commission
            established by section 29735 of the California Public Resources
            Code.
                (5) Administration; management plan.--
                        (A) Administration.--For purposes of carrying out
                    the Heritage Area management plan, the Secretary,
                    acting through the management entity, may use amounts
                    made available under this section in accordance with
                    section 8001(c) of the Omnibus Public Land Management
                    Act of 2009 (Public Law 111-11; 123 Stat. 991).
                        (B) Management plan.--
                                (i) In general.--Subject to clause (ii),
                            the management entity shall submit to the
                            Secretary for approval a proposed management
                            plan for the Heritage Area in accordance with
                            section 8001(d) of the Omnibus Public Land
                            Management Act of 2009 (Public Law 111-11; 123
                            Stat. 991) that--
                                        (I) incorporates an integrated and
                                    cooperative approach to agricultural
                                    resources and activities, flood
                                    protection facilities, and other public
                                    infrastructure; and
                                        (II) emphasizes the importance of
                                    those resources.
                                (ii) Restrictions.--The Heritage Area
                            management plan submitted under this paragraph
                            shall--
                                        (I) ensure participation by
                                    appropriate Federal, State, tribal, and
                                    local agencies, including the Delta
                                    Stewardship Council, special districts,
                                    natural and historical resource
                                    protection and agricultural
                                    organizations, educational
                                    institutions, businesses, recreational
                                    organizations, community residents, and
                                    private property owners; and
                                        (II) not be approved until the
                                    Secretary has received certification
                                    from the Delta Protection Commission
                                    that the Delta Stewardship Council has
                                    reviewed the Heritage Area management
                                    plan for consistency with the plan
                                    adopted by the Delta Stewardship
                                    Council pursuant to State law.
                (6) Relationship to other federal agencies; private
            property.--
                        (A) Relationship to other federal agencies.--The
                    provisions of section 8001(e) of the Omnibus Public
                    Land Management Act of 2009 (Public Law 111-11; 123
                    Stat. 991) shall apply to the Heritage Area.
                        (B) Private property.--
                                (i) In general.--Subject to clause (ii),
                            the provisions of section 8001(f) of the
                            Omnibus Public Land Management Act of 2009
                            (Public Law 111-11; 123 Stat. 991) shall apply
                            to the Heritage Area.
                                (ii) Opt out.--An owner of private property
                            within the Heritage Area may opt out of
                            participating in any plan, project, program, or
                            activity carried out within the Heritage Area
                            under this section, if the property owner
                            provides written notice to the management
                            entity.
                (7) Evaluation; report.--The provisions of section 8001(g)
            of the Omnibus Public Land Management Act of 2009 (Public Law
            111-11; 123 Stat. 991) shall apply to the Heritage Area.
                (8) Effect of designation.--Nothing in this section--
                        (A) precludes the management entity from using
                    Federal funds made available under other laws for the
                    purposes for which those funds were authorized; or
                        (B) affects any water rights or contracts.
                (9) Authorization of appropriations.--
                        (A) In general.--There is authorized to be
                    appropriated to carry out this section $10,000,000, of
                    which not more than $1,000,000 may be made available
                    for any fiscal year.
                        (B) Cost-sharing requirement.--The Federal share of
                    the total cost of any activity under this section shall
                    be determined by the Secretary, but shall be not more
                    than 50 percent.
                        (C) Non-federal share.--The non-Federal share of
                    the total cost of any activity under this section may
                    be in the form of in-kind contributions of goods or
                    services.
                (10) Termination of authority.--
                        (A) In general.--If a proposed management plan has
                    not been submitted to the Secretary by the date that is
                    5 years after the date of enactment of this title, the
                    Heritage Area designation shall be rescinded.
                        (B) Funding authority.--The authority of the
                    Secretary to provide assistance under this section
                    terminates on the date that is 15 years after the date
                    of enactment of this Act.

             TITLE VI--NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2009

    SEC. 601. SHORT TITLE.

        This Act may be cited as the ``National Women's History Museum Act
    of 2009''.

    SEC. 602. DEFINITIONS.

        In this Act, the following definitions apply:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of General Services.
                (2) CERCLA.--The term ``CERCLA'' means the Comprehensive
            Environmental Response, Compensation, and Liability Act of 1980
            (42 U.S.C. 9601 et seq.).
                (3) Committees.--The term ``Committees'' means the
            Committee on Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate.
                (4) Museum.--The term ``Museum'' means the National Women's
            History Museum, Inc., a District of Columbia nonprofit
            corporation exempt from taxation pursuant to section 501(c)(3)
            of the Internal Revenue Code of 1986.
                (5) Property.--The term ``Property'' means the property
            located in the District of Columbia, subject to survey and as
            determined by the Administrator, generally consisting of
            Squares 325 and 326. The Property is generally bounded by 12th
            Street, Independence Avenue, C Street, and the James Forrestal
            Building, all in Southwest Washington, District of Columbia,
            and shall include all associated air rights, improvements
            thereon, and appurtenances thereto.

    SEC. 603. CONVEYANCE OF PROPERTY.

        (a) Authority To Convey.--
                (1) In general.--Subject to the requirements of this Act,
            the Administrator shall convey the Property to the Museum, on
            such terms and conditions as the Administrator considers
            reasonable and appropriate to protect the interests of the
            United States and further the purposes of this Act.
                (2) Agreement.--As soon as practicable, but not later than
            180 days after the date of enactment of this Act, the
            Administrator shall enter into an agreement with the Museum for
            the conveyance.
                (3) Terms and conditions.--The terms and conditions of the
            agreement shall address, among other things, mitigation of
            developmental impacts to existing Federal buildings and
            structures, security concerns, and operational protocols for
            development and use of the property.
        (b) Purchase Price.--
                (1) In general.--The purchase price for the Property shall
            be its fair market value based on its highest and best use as
            determined by an independent appraisal commissioned by the
            Administrator and paid for by the Museum.
                (2) Selection of appraiser.--The appraisal shall be
            performed by an appraiser mutually acceptable to the
            Administrator and the Museum.
                (3) Terms and conditions for appraisal.--
                        (A) In general.--Except as provided by subparagraph
                    (B), the assumptions, scope of work, and other terms
                    and conditions related to the appraisal assignment
                    shall be mutually acceptable to the Administrator and
                    the Museum.
                        (B) Required terms.--The appraisal shall assume
                    that the Property does not contain hazardous substances
                    (as defined in section 101 of CERCLA (42 U.S.C. 9601))
                    which require response action (as defined in such
                    section).
        (c) Application of Proceeds.--The purchase price shall be paid into
    the Federal Buildings Fund established under section 592 of title 40,
    United States Code. Upon deposit, the Administrator may expend, in
    amounts specified in appropriations Acts, the proceeds from the
    conveyance for any lawful purpose consistent with existing authorities
    granted to the Administrator.
        (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a
    quit claim deed.
        (e) Use Restriction.--The Property shall be dedicated for use as a
    site for a national women's history museum for the 99-year period
    beginning on the date of conveyance to the Museum.
        (f) Funding Restriction.--No Federal funds shall be made available
    to the Museum for the purchase or clean-up of the Property or the
    design and construction of any facility thereon.
        (g) Reversion.--
                (1) Bases for reversion.--The Property shall revert to the
            United States, at the option of the United States, without any
            obligation for repayment by the United States of any amount of
            the purchase price for the property, if--
                        (A) the Property is not used as a site for a
                    national women's history museum at any time during the
                    99-year period referred to in subsection (e); or
                        (B) the Museum has not commenced construction of a
                    museum facility on the Property in the 5-year period
                    beginning on the date of enactment of this Act, other
                    than for reasons beyond the control of the Museum as
                    reasonably determined by the Administrator.
                (2) Enforcement.--The Administrator may perform any acts
            necessary to enforce the reversionary rights provided in this
            section.
                (3) Custody of property upon reversion.--If the Property
            reverts to the United States pursuant to this section, such
            property shall be under the custody and control of the
            Administrator.
        (h) Closing.--The conveyance pursuant to this Act shall occur not
    later than 3 years after the date of enactment of this Act. The
    Administrator may extend that period for such time as is reasonably
    necessary for the Museum to perform its obligations under section
    604(a).

    SEC. 604. ENVIRONMENTAL MATTERS.

        (a) Authorization To Contract for Environmental Response Actions.--
    The Administrator is authorized to contract with the Museum or an
    affiliate thereof for the performance (on behalf of the Administrator)
    of response actions on the Property.
        (b) Crediting of Response Costs.--Any costs incurred by the Museum
    or an affiliate thereof pursuant to subsection (a) shall be credited to
    the purchase price for the Property.
        (c) No Effect on Compliance With Environmental Laws.--Nothing in
    this Act, or any amendment made by this Act, affects or limits the
    application of or obligation to comply with any environmental law,
    including section 120(h) of CERCLA (42 U.S.C. 9620(h)).

    SEC. 605. INCIDENTAL COSTS.

        Subject to section 604, the Museum shall bear any and all costs
    associated with complying with the provisions of this Act, including
    studies and reports, surveys, relocating tenants, and mitigating
    impacts to existing Federal buildings and structures resulting directly
    from the development of the property by the Museum.

    SEC. 606. LAND USE APPROVALS.

        (a) Existing Authorities.--Nothing in this Act shall be construed
    as limiting or affecting the authority or responsibilities of the
    National Capital Planning Commission or the Commission of Fine Arts.
        (b) Cooperation.--
                (1) Zoning and land use.--Subject to paragraph (2), the
            Administrator shall reasonably cooperate with the Museum with
            respect to any zoning or other land use matter relating to
            development of the Property in accordance with this Act. Such
            cooperation shall include consenting to applications by the
            Museum for applicable zoning and permitting with respect to the
            property.
                (2) Limitations.--The Administrator shall not be required
            to incur any costs with respect to cooperation under this
            subsection and any consent provided under this subsection shall
            be premised on the property being developed and operated in
            accordance with this Act.

    SEC. 607. REPORTS.

        Not later than 1 year after the date of enactment of this Act, and
    annually thereafter until the end of the 5-year period following
    conveyance of the Property or until substantial completion of the
    museum facility (whichever is later), the Museum shall submit annual
    reports to the Administrator and the Committees detailing the
    development and construction activities of the Museum with respect to
    this Act.

                           TITLE VII--MONTANA FORESTS

           Subtitle A--Montana Forest Jobs and Restoration Initiative

    SEC. 701. PURPOSE.

        The purpose of this subtitle is to establish an initiative--
                (1) to preserve and create local jobs in rural communities
            that are located in or near National Forest System land;
                (2) to create an immediate, predictable, and increased flow
            of wood fiber with commercial value to support and maintain
            locally-based infrastructure and economies that are necessary
            for the appropriate management and restoration of National
            Forest System land;
                (3) to promote cooperation and collaboration in the
            management of National Forest System land;
                (4) to restore and improve the ecological structure,
            composition, and function and the natural processes of priority
            watersheds within the National Forest System;
                (5) to carry out collaborative projects to reduce the risk
            of disturbances from fire, insects, and disease to communities,
            watersheds, and natural resources through a collaborative
            process of planning, prioritizing, and implementing ecological
            restoration and hazardous fuel reduction projects; and
                (6) to collect information from the projects carried out
            under this subtitle in an effort to better understand the
            manner in which to improve forest restoration and management
            activities.

    SEC. 702. DEFINITIONS.

        In this subtitle:
                (1) Authorized forest and watershed restoration project.--
            The term ``authorized forest and watershed restoration
            project'' means a collection of activities within a watershed
            area that are carried out--
                        (A) on eligible land; and
                        (B) to achieve the purposes of this subtitle.
                (2) Decommission.--The term ``decommission'' means--
                        (A) to reestablish vegetation on a road or trail;
                    and
                        (B) to restore any natural drainage, watershed
                    function, or other ecological processes that are
                    disrupted or adversely impacted by the road or trail by
                    removing or hydrologically disconnecting the road
                    prism.
                (3) Eligible land.--The term ``eligible land'' means--
                        (A) land within the approximately 1,900,000 acres
                    of land in the Beaverhead-Deerlodge National Forest
                    designated as ``Suitable for Timber Production'' and
                    ``Timber Harvest Is Allowed'' as generally depicted on
                    the map entitled ``Beaverhead-Deerlodge National
                    Forest, Revised Forest Plan, Modeled Timber Harvest
                    Classification'' and dated December 10, 2008; and
                        (B)(i) land within the Three Rivers Ranger District
                    of the Kootenai National Forest; and
                        (ii) any land within the adjacent ranger districts
                    of the Kootenai National Forest that is necessary to
                    achieve the requirements of section 703(b).
                (4) INFISH.--The term ``INFISH'' means the land and
            resource management plan amendments made before the date of
            enactment of this Act arising from the document--
                        (A) entitled ``Inland Native Fish Strategy'';
                        (B) published by the Department of Agriculture; and
                        (C) dated July 28, 1995.
                (5) Initiative.--The term ``Initiative'' means the Montana
            Forest Jobs and Restoration Pilot Initiative established by
            section 703(a).
                (6) Mechanical treatment.--
                        (A) In general.--The term ``mechanical treatment''
                    means an activity that uses a tool to remove fiber that
                    has commercial value to local markets in the vicinity
                    of the area treated.
                        (B) Inclusions.--The term ``mechanical treatment''
                    includes leaving fiber on the forest floor after
                    treatment with a tool, if an option for removal of the
                    fiber is provided.
                        (C) Exclusions.--The term ``mechanical treatment''
                    excludes prescribed burning.
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.
                (8) Stewardship contract.--The term ``stewardship
            contract'' means a contract authorized under section 347 of the
            Omnibus Consolidated and Emergency Supplemental Appropriations
            Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) to carry
            out land management goals that meet local and rural community
            needs through a source that is selected on a best-value basis.
                (9) Watershed area.--The term ``watershed area'' means 1 or
            more subwatersheds (also known as 6th code hydrologic units).

    SEC. 703. MONTANA FOREST JOBS AND RESTORATION PILOT INITIATIVE.

        (a) Establishment.--There is established the Montana Forest Jobs
    and Restoration Pilot Initiative under which the Secretary shall
    implement authorized forest and watershed restoration projects and
    other land management projects on eligible land to achieve--
                (1) the performance requirements under subsection (b); and
                (2) the purposes of this subtitle.
        (b) Performance Requirements.--Subject to subsection (g), on the
    eligible land, the Secretary shall place under contract for the
    mechanical treatment of vegetation--
                (1) on the Beaverhead-Deerlodge National Forest, a minimum
            of 5,000 acres annually until the date on which a total of
            70,000 acres in the National Forest have been placed under
            contract.; and
                (2) on the Kootenai National Forest--
                        (A) 2,000 acres during the first year after the
                    date of enactment of this Act;
                        (B) 2,500 acres during the second year after the
                    date of enactment of this Act; and
                        (C) 3,000 acres during each subsequent year until
                    the date on which a total of 30,000 acres in the
                    National Forest have been placed under contract.
        (c) Collaboration.--
                (1) In general.--For each National Forest within the
            Initiative, the Secretary shall identify 1 or more
            collaborative groups or resource advisory committees that
            support the achievement of the purposes of this subtitle.
                (2) Composition.--A collaborative group or resource
            advisory committee identified under paragraph (1) shall include
            multiple interested persons representing diverse interests in
            forest and watershed management.
                (3) Consultation.--The Secretary shall consult with a
            collaborative group or resource advisory committee identified
            under paragraph (1) in the development and implementation of
            each authorized forest and watershed restoration project
            carried out under the Initiative.
                (4) Expansion.--The Secretary shall seek to expand the
            public participation and diversity of interests involved in the
            implementation of the Initiative in each National Forest
            participating in the Initiative.
        (d) Administrative Review.--
                (1) In general.--The administrative review provisions of
            section 105 of the Healthy Forests Restoration Act of 2003 (16
            U.S.C. 6515) shall apply to any administrative review of
            authorized forest and watershed restoration projects carried
            out under this subtitle.
                (2) Proposed decision.--The Secretary shall provide notice
            of, and distribute, a proposed administrative decision with the
            environmental assessment or final environmental impact
            statement for any project subject to review under paragraph
            (1).
                (3) Independent mediator.--If 1 or more of the parties to a
            special administrative review process under paragraph (1)
            requests a mediator to help facilitate the process, an
            independent mediator may be used for the administrative review
            process.
        (e) Judicial Review.--Any judicial proceeding arising from an
    authorized forest and watershed restoration project shall be conducted
    in accordance with section 106 of the Healthy Forests Restoration Act
    of 2003 (16 U.S.C. 6516).
        (f) Reports.--
                (1) Annual summary.--The Secretary shall provide to the
            appropriate committees of Congress an annual summary of the
            progress of the Initiative toward accomplishing the purposes of
            this subtitle, including the performance requirements
            established under subsection (b).
                (2) Progress report.--
                        (A) In general.--Not later than 5 years after the
                    date of enactment of this Act and every 5 years
                    thereafter, the Secretary shall submit to the
                    appropriate committees of Congress a report that
                    assesses the progress of the Initiative toward
                    accomplishing the purposes of this subtitle.
                        (B) Inclusions.--The report under subparagraph (A)
                    shall include an analysis, with respect to the
                    Initiative, of--
                                (i) fire and fuel dynamics, including
                            changes in--
                                        (I) condition and class; and
                                        (II) fuel levels and distribution;
                                (ii) biodiversity, including the selection
                            of plant, terrestrial animals, and aquatic
                            organisms;
                                (iii) soil and water, including soil
                            movement, water quality, stream flows, and soil
                            productivity;
                                (iv) economic effects, including job
                            creation, labor income, and energy; and
                                (v) social implications, including land
                            management practices, aesthetics, and attitudes
                            towards land use.
                        (C) Data analysis.--In preparing the report under
                    this paragraph, the Secretary may consult with regional
                    institutions of higher education and institutions with
                    the capacity to coordinate, analyze, and archive the
                    data collected as a result of monitoring under the
                    Initiative.
        (g) Effect on Other Funds.--Amounts expended under the Initiative
    shall not reduce the allocations of appropriated funds to the Secretary
    for use in other regions of the Forest Service or other States.
        (h) Expansion of Initiative.--
                (1) In general.--The Secretary may elect to include the
            Seeley Ranger District of the Lolo National Forest in the
            Initiative, if--
                        (A) the Seeley Ranger District no longer receives
                    funding under section 4003(b)(1)(B) of the Omnibus
                    Public Land Management Act of 2009 (16 U.S.C.
                    7303(b)(1)(B)); and
                        (B) a local collaborative group for the District
                    requests inclusion in the Initiative.
                (2) Requirements.--On the election by the Secretary to
            include the Seeley Ranger District in the Initiative, the
            requirements of the Initiative under this subtitle shall apply
            to the District.
        (i) Termination Date.--
                (1) In general.--The Initiative shall terminate on the
            later of--
                        (A) the date that is 15 years after the date of
                    enactment of this Act; or
                        (B) the date on which the Secretary determines that
                    the performance requirements under subsection (b) have
                    been achieved.
                (2) Effect.--Nothing in this subsection affects a valid
            contract in effect on the termination date under paragraph (1).

    SEC. 704. AUTHORIZED FOREST AND WATERSHED RESTORATION PROJECTS.

        (a) Implementation.--
                (1) In general.--The Secretary shall annually implement 1
            or more authorized forest and watershed restoration projects on
            the eligible land.
                (2) Landscape-scale projects.--The Secretary shall
            implement in 1 or more watershed areas authorized forest and
            watershed restoration projects that provide landscape-scale
            work with the goal of minimizing entries into the watershed.
                (3) Stewardship contracts.--
                        (A) In general.--To the maximum extent practicable,
                    the Secretary shall enter into stewardship contracts or
                    agreements to carry out authorized forest and watershed
                    restoration projects.
                        (B) Stewardship contract priorities.--In developing
                    a stewardship contract under subparagraph (A), the
                    Secretary shall, after consultation with the relevant
                    collaborative groups or resource advisory committees
                    identified under section 703(c)(1), prioritize areas
                    consistent with the priorities described in paragraph
                    (4).
                (4) Priority.--Consistent with the purposes of this
            subtitle, the Secretary shall give priority to carrying out
            authorized forest and watershed restoration projects in areas--
                        (A) in which the road density exceeds 1.5 miles per
                    square mile;
                        (B) in the wildland-urban interface (as defined in
                    section 101 of the Healthy Forests Restoration Act of
                    2003 (16 U.S.C. 6511)) that are at risk of wildfire
                    that threatens public infrastructure or private
                    property;
                        (C) in which fish and wildlife habitat connectivity
                    is compromised as a result of past management
                    practices; and
                        (D) that contain forests that are at risk from
                    insect epidemics or high-severity wildfires.
                (5) Environmental review.--An environmental review of
            authorized forest and watershed restoration projects shall be
            carried out in accordance with section 104 of the Healthy
            Forests Restoration Act of 2003 (16 U.S.C. 6515), except that--
                        (A) the review shall also address--
                                (i) the activities necessary to meet the
                            purposes and requirements of this subtitle; and
                                (ii) the site-specific impacts of an
                            authorized forest and watershed restoration
                            project;
                        (B) on signing of a record of decision or finding
                    of no significant impact for the authorized forest and
                    watershed restoration project, the Secretary shall
                    implement the authorized forest and watershed
                    restoration project; and
                        (C) if the Secretary or a court determines that
                    additional review is warranted due to significant new
                    circumstances after implementation of an authorized
                    forest and watershed restoration project has begun, the
                    additional analysis shall not interrupt the
                    implementation of the activities that are not subject
                    to the additional review, in accordance with the
                    National Environmental Policy Act of 1969 (42 U.S.C.
                    4321 et seq.).
        (b) Project Requirements.--
                (1) Riparian habitat protection.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary shall comply with INFISH in carrying
                    out each authorized forest and watershed restoration
                    project.
                        (B) Modifications.--The Secretary may modify INFISH
                    if the Secretary determines, after taking into
                    consideration the best available science, that the
                    modifications would meet or exceed the intent and goals
                    of INFISH.
                (2) Roads.--In carrying out any authorized forest and
            watershed restoration project under this subtitle, the
            Secretary shall--
                        (A) not construct any permanent road, unless--
                                (i) the Secretary determines that the road
                            is a justifiable realignment of a permanent
                            road to restore or improve the ecological
                            structure, composition, and function and the
                            natural processes of the affected forest or
                            watershed; and
                                (ii) the replaced road bed is
                            decommissioned by removing the road prism; and
                        (B) decommission any temporary road constructed to
                    carry out the land management project by the conclusion
                    of the contract.
                (3) Road density.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary, at the conclusion of an authorized
                    forest and watershed restoration project, shall achieve
                    a road density maximum of 1.5 linear miles per square
                    mile, averaged over the watershed area.
                        (B) Exceptions.--Notwithstanding subparagraph (A),
                    the maximum road density provided in an applicable land
                    management plan shall apply if--
                                (i) the applicable land management plan
                            requires a road density maximum that is less
                            than that required under subparagraph (A); or
                                (ii) the authorized forest and watershed
                            restoration project is carried out in an area
                            governed by an interagency grizzly bear
                            conservation plan.
                        (C) Method.--The road density established under
                    subparagraph (A) may be accomplished through a
                    combination of decommissioning and year-round permanent
                    closure, except that the Secretary shall prioritize for
                    decommissioning any roads adversely affecting water
                    quality or fish habitat.
                (4) Vegetation management.--The Secretary shall design
            authorized forest and watershed restoration projects to produce
            commercial and noncommercial wood products, consistent with the
            purposes of this subtitle.

    SEC. 705. MISCELLANEOUS.

        (a) In General.--Except as otherwise provided in this subtitle, the
    Secretary shall administer the National Forests subject to the
    Initiative in accordance with applicable law.
        (b) Agency Participation.--The Secretary may, in accordance with
    applicable law, permit the Seeley Lake District Ranger of the Lolo
    National Forest and the Lincoln District Ranger of the Helena National
    Forest to serve in the official capacities of the districts on the
    Board of Directors of the Blackfoot Challenge.
        (c) Biomass.--To help improve forest restoration activities by
    using and creating markets for small-diameter material and low-valued
    trees removed from forest restoration activities in the State, the
    Secretary may provide grants through the Woody Biomass Utilization
    Grant Program or any other biomass program in accordance with
    applicable law.

     Subtitle B--Designation of Wilderness and Special Management Areas in
                                    Montana

    SEC. 711. PURPOSES.

        The purposes of this subtitle are--
                (1) to protect and enhance motorized recreational
            opportunities in the Beaverhead-Deerlodge National Forest, the
            Lolo National Forest, and the Kootenai National Forest; and
                (2) to protect and enhance the wild heritage and
            backcountry traditions of the State through--
                        (A) the addition of certain land to the National
                    Wilderness Preservation System; and
                        (B) the management of other land in a manner that
                    preserves existing primitive and semi-primitive
                    recreational activities.

    SEC. 712. DEFINITIONS.

        In this subtitle:
                (1) Beaverhead-deerlodge national forest.--The term
            ``Beaverhead-Deerlodge National Forest'' means the National
            Forest that is--
                        (A) comprised of--
                                (i) the Beaverhead National Forest; and
                                (ii) the Deerlodge National Forest; and
                        (B) managed by the Secretary concerned as a single
                    administrative unit.
                (2) Forest plan.--The term ``forest plan'' means a land and
            resource management plan prepared in accordance with section 6
            of the Forest and Rangeland Renewable Resources Planning Act of
            1974 (16 U.S.C. 1604).
                (3) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) the Secretary of Agriculture, acting through
                    the Chief of the Forest Service, with respect to
                    National Forest System land; and
                        (B) the Secretary of the Interior, with respect to
                    land managed by the Bureau of Land Management
                    (including land held for the benefit of an Indian
                    tribe).
                (4) State.--The term ``State'' means the State of Montana.

    SEC. 713. DESIGNATION OF WILDERNESS AREAS.

        (a) Land Administered by the Forest Service.--In furtherance of the
    purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following
    areas in the State are designated as wilderness areas and as components
    of the National Wilderness Preservation System:
                (1) Anaconda pintlar wilderness additions.--Certain land in
            the Beaverhead-Deerlodge National Forest, comprising
            approximately 65,407 acres, as generally depicted on the map
            entitled ``Anaconda-Pintlar Wilderness Additions'' and dated
            September 13, 2010, is incorporated in, and shall be considered
            to be a part of, the Anaconda-Pintlar Wilderness.
                (2) Bob marshall wilderness additions.--Certain land in the
            Lolo National Forest, comprising approximately 40,072 acres
            generally depicted as the ``North Fork Blackfoot-Monture Creek
            Wilderness Addition (Bob Marshall Addition)'' and approximately
            7,792 acres generally depicted as the ``Grizzly Basin of the
            Swan Range Wilderness Addition'' on the map entitled ``Bob
            Marshall, Mission Mountains and Scapegoat Wilderness Additions
            and Otatsy Recreation Management Area'' and dated September 13,
            2010, is incorporated in, and shall be considered to be a part
            of, the Bob Marshall Wilderness designated by Public Law 92-395
            (86 Stat. 578).
                (3) Dolus lakes wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            9,407 acres, as generally depicted on the map entitled ``Dolus
            Lakes Wilderness'' and dated September 13, 2010, which shall be
            known as the ``Dolus Lakes Wilderness''.
                (4) East pioneers wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            77,438 acres, as generally depicted on the map entitled ``East
            Pioneers Wilderness'' and dated September 13, 2010, which shall
            be known as the ``East Pioneers Wilderness''.
                (5) Electric peak wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            5,670 acres, as generally depicted on the map entitled
            ``Electric Peak Wilderness and Thunderbolt Creek Recreation
            Management Area'' and dated September 13, 2010, which shall be
            known as the ``Electric Peak Wilderness''.
                (6) Highlands wilderness.--Certain land in the Beaverhead-
            Deerlodge National Forest, comprising approximately 15,659
            acres, as generally depicted on the map entitled ``Highlands
            Wilderness Area and Special Management Area'' and dated
            September 13, 2010, which shall be known as the ``Highlands
            Wilderness''.
                (7) Italian peaks wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            29,677 acres, as generally depicted on the map entitled
            ``Italian Peaks Wilderness'' and dated September 13, 2010,
            which shall be known as the ``Italian Peaks Wilderness''.
                (8) Lee metcalf wilderness additions.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            17,201 acres, as generally depicted on the map entitled ``Lee
            Metcalf Wilderness Additions'' and dated September 13, 2010, is
            incorporated in, and shall be considered to be a part of, the
            Lee Metcalf Wilderness.
                (9) Lima peaks wilderness.--Certain land in the Beaverhead-
            Deerlodge National Forest, comprising approximately 35,012
            acres, as generally depicted on the map entitled ``Lima Peaks
            Wilderness'' and dated September 13, 2010, which shall be known
            as the ``Lima Peaks Wilderness''.
                (10) Mission mountains wilderness addition.--Certain land
            in the Lolo National Forest, which comprises approximately
            4,460 acres, as generally depicted as the ``West Fork
            Clearwater Wilderness Addition'' on the map entitled ``Bob
            Marshall, Mission Mountains and Scapegoat Wilderness Additions
            and Otatsy Recreation Management Area'' and dated September 13,
            2010, is incorporated in, and shall be considered to be a part
            of, the Mission Mountains Wilderness designated by Public Law
            93-632 (88 Stat. 2153).
                (11) Mount jefferson wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            4,465 acres, as generally depicted on the map entitled ``Mount
            Jefferson Wilderness'' and dated September 13, 2010, which
            shall be known as the ``Mount Jefferson Wilderness''.
                (12) Quigg peak wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            8,275 acres, as generally depicted on the map entitled ``Quigg
            Peak Wilderness'' and dated September 13, 2010, which shall be
            known as the ``Quigg Peak Wilderness''.
                (13) Roderick wilderness.--Certain land in the Kootenai
            National Forest, which comprises approximately 29,467 acres, as
            generally depicted as the ``Roderick Wilderness Area'' on the
            map entitled ``Roderick Wilderness and Special Management Area
            and Three Rivers Special Management Area'' and dated September
            13, 2010, which shall be known as the ``Roderick Wilderness''.
                (14) Sapphires wilderness.--Certain land in the Beaverhead-
            Deerlodge National Forest, comprising approximately 43,101
            acres, as generally depicted on the map entitled ``Sapphires
            Wilderness'' and dated September 13, 2010, which shall be known
            as the ``Sapphires Wilderness''.
                (15) Scapegoat wilderness additions.--Certain land in the
            Lolo National Forest, which comprises approximately 30,967
            acres, as generally depicted as the ``North Fork Blackfoot-
            Monture Creek Wilderness Addition (Scapegoat Addition)'' on the
            map entitled ``Bob Marshall, Mission Mountains and Scapegoat
            Wilderness Additions and Otatsy Recreation Management Area''
            and dated September 13, 2010, is incorporated in, and shall be
            considered to be a part of, the Bob Marshall Wilderness
            designated by Public Law 92-395 (86 Stat. 578).
                (16) Snowcrest wilderness.--Certain land in the Beaverhead-
            Deerlodge National Forest, comprising approximately 91,561
            acres, as generally depicted on the map entitled ``Snowcrest
            Wilderness'' and dated September 13, 2010, which shall be known
            as the ``Snowcrest Wilderness''.
                (17) Stony mountain wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            14,213 acres, as generally depicted on the map entitled ``Stony
            Mountain Wilderness'' and dated September 13, 2010, which shall
            be known as the ``Stony Mountain Wilderness''.
                (18) West big hole wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            44,156 acres, as generally depicted on the map entitled ``West
            Big Hole Wilderness and Recreation Management Area'' and dated
            September 13, 2010, which shall be known as the ``West Big Hole
            Wilderness''.
                (19) West pioneers wilderness.--Certain land in the
            Beaverhead-Deerlodge National Forest, comprising approximately
            26,560 acres, as generally depicted on the map entitled ``West
            Pioneers Wilderness and Recreation Management Area'' and dated
            September 13, 2010, which shall be known as the ``West Pioneers
            Wilderness''.
        (b) Land Administered by the Bureau of Land Management.--In
    furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et
    seq.), the following areas in the State are designated as wilderness
    areas and as components of the National Wilderness Preservation System:
                (1) Blacktail mountains wilderness.--Certain public land
            administered by the Bureau of Land Management, comprising
            approximately 10,675 acres, as generally depicted on the map
            entitled ``Blacktail Mountains Wilderness'' and dated July 27,
            2010, which shall be known as the ``Blacktail Mountains
            Wilderness''.
                (2) Centennial mountains wilderness.--Certain public land
            administered by the Bureau of Land Management, comprising
            approximately 23,700 acres, as generally depicted on the map
            entitled ``Centennial Mountains Wilderness'' and dated July 27,
            2010, which shall be known as the ``Centennial Mountains
            Wilderness''.
                (3) Ruby mountains wilderness.--Certain public land
            administered by the Bureau of Land Management, comprising
            approximately 16,300 acres, as generally depicted on the map
            entitled ``Ruby Mountains Wilderness'' and dated July 27, 2010,
            which shall be known as the ``Ruby Mountains Wilderness''.
                (4) East fork blacktail wilderness.--Certain public land
            administered by the Bureau of Land Management, comprising
            approximately 6,125 acres, as generally depicted on the map
            entitled ``East Fork Blacktail Wilderness'' and dated July 27,
            2010, which shall be known as the ``East Fork Blacktail
            Wilderness''.
                (5) Humbug spires wilderness.--Certain public land
            administered by the Bureau of Land Management, comprising
            approximately 8,900 acres, as generally depicted on the map
            entitled ``Humbug Spires Wilderness'' and dated July 27, 2010,
            which shall be known as the ``Humbug Spires Wilderness''.
        (c) Transfer of Administrative Jurisdiction.--Administrative
    jurisdiction over certain public land administered by the Bureau of
    Land Management, comprising approximately 663 acres, as generally known
    as ``Farlin Creek Administrative Transfer'' depicted on the map
    entitled ``East Pioneers Wilderness'' and dated September 13, 2010, is
    transferred to the Secretary of Agriculture, and is incorporated in,
    and shall be considered to be a part of, the East Pioneers Wilderness
    designated by subsection (a)(3).

    SEC. 714. ADMINISTRATION OF WILDERNESS AREAS.

        (a) Management.--Subject to valid existing rights, each area
    designated as wilderness by section 713 shall be administered by the
    Secretary concerned in accordance with the Wilderness Act (16 U.S.C.
    1131 et seq.), except that--
                (1) any reference in that Act to the effective date shall
            be considered to be a reference to the date of enactment of
            this Act; and
                (2) with respect to public land administered by the Bureau
            of Land Management, any reference in that Act to the Secretary
            of Agriculture shall be considered to be a reference to the
            Secretary of the Interior.
        (b) Maps and Legal Descriptions.--
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the Secretary concerned shall file a map
            and a legal description of each wilderness area and potential
            wilderness area designated by this section, with--
                        (A) the Committee on Energy and Natural Resources
                    of the Senate; and
                        (B) the Committee on Natural Resources of the House
                    of Representatives.
                (2) Force of law.--The maps and legal descriptions filed
            under paragraph (1) shall have the same force and effect as if
            included in this subtitle, except that the Secretary concerned
            may correct typographical errors in the maps and legal
            descriptions.
                (3) Public availability.--Each map and legal description
            filed under paragraph (1) shall be on file and available for
            public inspection in the appropriate offices of the Forest
            Service and the Bureau of Land Management.
        (c) Incorporation of Acquired Land and Interests.--Any land within
    the boundary of a wilderness area designated by section 713 that is
    acquired by the United States shall--
                (1) become part of the wilderness area in which the land is
            located; and
                (2) be managed in accordance with this section, the
            Wilderness Act (16 U.S.C. 1131 et seq.), and any other
            applicable law.
        (d) Withdrawal.--Subject to valid existing rights, the Federal land
    designated as wilderness by section 713 is withdrawn from all forms
    of--
                (1) entry, appropriation, or disposal under the public land
            laws;
                (2) location, entry, and patent under the mining laws; and
                (3) disposition under all laws pertaining to mineral and
            geothermal leasing or mineral materials.
        (e) Fire, Insects, and Diseases.--In accordance with section
    4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the
    wilderness areas designated by section 713, the Secretary concerned may
    take such measures as are necessary to control fire, insects, and
    diseases, subject to such terms and conditions as the Secretary
    concerned determines to be appropriate.
        (f) Access to Private Property.--In accordance with section 5(a) of
    the Wilderness Act (16 U.S.C. 1134(a)), the Secretary concerned shall
    provide any owner of private property within the boundary of a
    wilderness area designated by section 713 adequate access to the
    property.
        (g) Fish and Wildlife.--
                (1) In general.--Nothing in this subtitle affects the
            jurisdiction or responsibilities of the State with respect to
            fish and wildlife, including the regulation of hunting,
            fishing, and trapping.
                (2) Management activities.--In furtherance of the purposes
            and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
            the Secretary concerned may carry out management activities to
            maintain or restore fish and wildlife populations (including
            activities to maintain and restore fish and wildlife habitats
            to support the populations) in a wilderness area designated by
            section 713 if the activities are--
                        (A) consistent with applicable wilderness
                    management plans; and
                        (B) carried out in accordance with applicable
                    guidelines and policies.
        (h) Snow Sensors and Stream Gauges.--Nothing in this subtitle
    prevents the installation or maintenance of hydrological,
    meteorological, or climatological instrumentation in a wilderness area
    designated by section 713 if the Secretary concerned determines that
    the installation or maintenance of the instrumentation is necessary to
    further the scientific, educational, or conservation purposes of the
    wilderness area.
        (i) Livestock.--Within the wilderness areas, the grazing of
    livestock in which grazing is established before the date of enactment
    of this Act shall be allowed to continue, subject to such reasonable
    regulations, policies, and practices as the Secretary concerned
    determines to be necessary, in accordance with--
                (1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
            1131(d)(4));
                (2) with respect to wilderness areas administered by the
            Secretary of Agriculture, the guidelines described in House
            Report 96-617 of the 96th Congress; and
                (3) with respect to wilderness areas administered by the
            Secretary of the Interior, the guidelines described in Appendix
            A of House Report 101-405 of the 101st Congress.
        (j) Outfitting and Guide Activities.--
                (1) In general.--In accordance with section 4(d)(5) of the
            Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services
            (including authorized outfitting and guide activities) within
            the wilderness areas designated by section 713 are authorized
            to the extent necessary for activities that are proper for
            realizing the recreational or other wilderness purposes of the
            wilderness areas.
                (2) Effect.--Nothing in this subtitle requires the
            Secretary concerned to modify permits in effect as of the date
            of enactment of this Act to provide outfitting and guide
            services within the areas designated as wilderness by section
            713, if the Secretary concerned determines that the activities
            are consistent with administration of the areas as wilderness.
        (k) Adjacent Management.--
                (1) In general.--The designation of a wilderness area by
            section 713 shall not create any protective perimeter or buffer
            zone around the wilderness area.
                (2) Nonwilderness activities.--The fact that nonwilderness
            activities or uses can be seen or heard from areas within a
            wilderness area designated by section 713 shall not preclude
            the conduct of the activities or uses outside the boundary of
            the wilderness area.
        (l) Water Impoundment Structures.--
                (1) In general.--The Secretary concerned may issue a
            special use authorization to an owner of a water storage,
            transport, or diversion facility located within the areas
            designated as wilderness by section 713 for the continued
            operation, maintenance, and reconstruction of the facility if--
                        (A) the facility was in existence before the date
                    of the designation of the wilderness area; and
                        (B) the Secretary concerned determines that--
                                (i) the facility has been in substantially
                            continuous use to deliver water for the
                            beneficial use on the non-Federal land of the
                            owner since the date of the designation of the
                            wilderness area;
                                (ii) the owner of the facility holds a
                            valid water right for use of the water under
                            State law, with a priority date that predates
                            the date of the designation of the wilderness
                            area; and
                                (iii) it is not practicable or feasible to
                            relocate the facility to land outside the
                            boundary of the wilderness and continue the
                            beneficial use of water on the non-Federal land
                            recognized under State law.
                (2) Use of motorized equipment and mechanized transport.--
            The special use authorization under paragraph (1) may allow for
            the use of motorized equipment and mechanized transport if the
            Secretary concerned determines, after conducting a minimum tool
            analysis, that the use of nonmotorized equipment and
            nonmechanized transport is impracticable or infeasible.
                (3) Terms and conditions.--The Secretary concerned may
            include such terms and conditions in the special use
            authorization under paragraph (1) as the Secretary concerned
            determines appropriate to protect the wilderness values of the
            area.
        (m) Snowcrest Wilderness Area.--With respect to the Snowcrest
    Wilderness Area--
                (1) the continuation of reasonable motorized access to
            maintain water infrastructure for cattle that was constructed
            to protect fluvial Arctic Grayling and other aquatic species in
            the Ruby River may continue--
                        (A) subject to a permit; and
                        (B) in accordance with--
                                (i) section 4(d)(4) of the Wilderness Act
                            (16 U.S.C. 1133(d)(4)); and
                                (ii) the guidelines described in House
                            Report 96-617 of the 96th Congress; and
                (2) the trailing of sheep across the Snowcrest Wilderness
            area to reach existing grazing allotments in the Gravelly
            Mountains may be continued for the tenure of the allotments--
                        (A) subject to--
                                (i) a permit; and
                                (ii) a determination by the Secretary of
                            Agriculture (acting through the Forest
                            Supervisor) that the use of nonmechanized
                            transport is impracticable or infeasible; and
                        (B) to the maximum extent practicable, in
                    accordance with the guidelines described in House
                    Report 96-617 of the 96th Congress.

    SEC. 715. RELEASE OF BUREAU OF LAND MANAGEMENT STUDY AREAS.

        (a) Finding.--Congress finds that, for purposes of section 603 of
    the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
    any portion of a wilderness study area described in subsection (b) that
    is not designated as a wilderness area by section 713 or any other Act
    enacted before the date of enactment of this Act has been adequately
    studied for wilderness.
        (b) Description of Study Areas.--The study areas referred to in
    subsection (a) are--
                (1) the Axolotl Lakes Wilderness Study Area;
                (2) the Bell and Limekiln Canyons Wilderness Study Area;
                (3) the Blacktail Mountains Wilderness Study Area;
                (4) the Centennial Mountains Wilderness Study Area;
                (5) the Farlin Creek Wilderness Study Area;
                (6) the Henneberry Ridge Wilderness Study Area;
                (7) the Hidden Pasture Wilderness Study Area;
                (8) the Humbug Spires Wilderness Study Area; and
                (9) the Ruby Mountains Wilderness Study Area.
        (c) Release.--Any study area described in subsection (b) that is
    not designated as a wilderness area by section 713--
                (1) is no longer subject to section 603(c) of the Federal
            Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
                (2) shall be managed in accordance with the applicable land
            management plans adopted under section 202 of that Act (43
            U.S.C. 1712).

    SEC. 716. RELEASE OF SAPPHIRE AND WEST PIONEER WILDERNESS STUDY AREAS.

        (a) Findings.--Congress finds that--
                (1) the studies conducted under section 2 of the Montana
            Wilderness Study Act of 1977 (Public Law 95-150; 91 Stat. 1243)
            regarding each study area described in subsection (b) are
            adequate for the consideration of the suitability of each study
            area for inclusion as a component of the National Wilderness
            Preservation System; and
                (2) the Secretary of Agriculture is not required--
                        (A) to review the wilderness option for each study
                    area described in subsection (b) prior to the revision
                    of the forest plan required for each land that
                    comprises each study area in accordance with the Forest
                    and Rangeland Renewable Resources Planning Act of 1974
                    (16 U.S.C. 1600 et seq.); and
                        (B) to manage the portion of each study area
                    described in subsection (b) that is not designated as
                    wilderness by section 713 to ensure the suitability of
                    the area for designation as a component of the National
                    Wilderness Preservation System pending revision of the
                    applicable forest plan.
        (b) Description of Study Areas.--The study areas referred to in
    subsection (a) are those portions of the following wilderness study
    areas which are not designated as wilderness by section 713:
                (1) The Sapphire Wilderness Study Area, as described in
            section 2(4) of the Montana Wilderness Study Act of 1977
            (Public Law 95-150; 91 Stat. 1243).
                (2) The West Pioneer Wilderness Study Area, as described in
            section 2(1) of the Montana Wilderness Study Act of 1977
            (Public Law 95-150; 91 Stat. 1243).

    SEC. 717. SPECIAL MANAGEMENT AND RECREATION MANAGEMENT AREAS.

        (a) Designation.--To conserve, protect, and enhance the scenic,
    fish and wildlife, recreational, backcountry heritage, and other
    natural resource values of the areas, the following areas in the State
    are designated for special management by the Secretary concerned in
    accordance with this section:
                (1) Highlands special management area.--Certain Federal
            land in the Beaverhead-Deerlodge National Forest, comprising
            approximately 5,011 acres, as generally depicted on the map
            entitled ``Highlands Wilderness Area and Special Management
            Area'' and dated September 13, 2010, which is designated as the
            ``Highlands Special Management Area''.
                (2) Lost creek recreation management area.--Certain Federal
            land in the Beaverhead-Deerlodge National Forest, comprising
            approximately 14,589 acres, as generally depicted on the map
            entitled ``Lost Creek Recreation Management Area'' and dated
            September 13, 2010, which is designated as the ``Lost Creek
            Recreation Management Area''.
                (3) Otatsy recreation management area.--Certain Federal
            land in the Lolo National Forest, comprising approximately
            1,859 acres, as generally depicted on the map entitled ``Bob
            Marshall, Mission Mountains and Scapegoat Wilderness Additions
            and Otatsy Recreation Management Area'' and dated September 13,
            2010, which is designated as the ``Otatsy Recreation Management
            Area''.
                (4) Roderick special management area.--Certain Federal land
            in the Kootenai National Forest, comprising approximately 3,715
            acres, as generally depicted on the map entitled ``Roderick
            Wilderness and Special Management Area and Three Rivers Special
            Management Area'' and dated September 13, 2010, which is
            designated as the ``Roderick Special Management Area''.
                (5) Three rivers special management area.--Certain Federal
            land in the Kootenai National Forest, comprising approximately
            71,994 acres, as generally depicted on the map entitled
            ``Roderick Wilderness and Special Management Area and Three
            Rivers Special Management Area'' and dated September 13, 2010,
            which is designated as the ``Three Rivers Special Management
            Area''.
                (6) Thunderbolt creek recreation management area.--Certain
            Federal land in the Beaverhead-Deerlodge National Forest,
            comprising approximately 19,641 acres, as generally depicted on
            the map entitled ``Electric Peak Wilderness and Thunderbolt
            Creek Recreation Management Area'' and dated September 13,
            2010, which is designated as the ``Thunderbolt Recreation
            Management Area''.
                (7) Tobacco roots recreation management area.--Certain
            Federal land in the Beaverhead-Deerlodge National Forest,
            comprising approximately 29,186 acres, as generally depicted on
            the map entitled ``Tobacco Roots Recreation Management Area''
            and dated September 13, 2010, which is designated as the
            ``Tobacco Roots Recreation Management Area''.
                (8) West big hole recreation management area.--Certain
            Federal land in the Beaverhead-Deerlodge National Forest
            comprising approximately 95,144 acres, as generally depicted on
            the map entitled ``West Big Hole Wilderness and Recreation
            Management Area'' and dated September 13, 2010, which is
            designated as the ``West Big Hole Recreation Management Area''.
                (9) West pioneers recreation management area.--Certain
            Federal land in the Beaverhead-Deerlodge National Forest,
            comprising approximately 128,361 acres, as generally depicted
            on the map entitled ``West Pioneers Wilderness and Recreation
            Management Area'' and dated September 13, 2010, which is
            designated as the ``West Pioneers Recreation Management Area''.
        (b) Administration.--
                (1) Applicable law.--
                        (A) In general.--The Secretary concerned shall
                    administer each area designated by subsection (a)--
                                (i) in furtherance of the purposes for
                            which the area is established; and
                                (ii) in accordance with--
                                        (I) this section; and
                                        (II) any laws (including
                                    regulations) relating to the National
                                    Forest System.
                        (B) Closure of trails.--Nothing in this subtitle
                    precludes the Secretary concerned from closing any
                    trail or area located in the areas designated by
                    subsection (a)--
                                (i) to protect a natural resource; or
                                (ii) to help ensure public safety.
                (2) Withdrawal.--Subject to valid existing rights, any
            Federal land within an area designated by subsection (a)
            (including any Federal land acquired after the date of
            enactment of this Act for inclusion in an area designated by
            subsection (a)) is withdrawn from all forms of--
                        (A) entry, appropriation, or disposal under the
                    public land laws;
                        (B) location, entry, and patent under the mining
                    laws; and
                        (C) disposition under all laws pertaining to
                    mineral and geothermal leasing or mineral materials.
                (3) Timber harvesting.--
                        (A) In general.--Except as provided in subparagraph
                    (B) or as authorized under subsection (c), timber
                    harvesting shall not be permitted within an area
                    designated by subsection (a).
                        (B) Fire, insects, and diseases.--Timber harvesting
                    may be permitted in an area designated by subsection
                    (a) to the extent allowed under section 4(d)(1) of the
                    Wilderness Act (16 U.S.C. 1133(d)(1)) for purposes
                    relating to the necessary control of fire, insects, and
                    diseases.
                (4) Use of motorized or mechanized vehicles.--
                        (A) In general.--Nothing in this section affects
                    the use of motorized or mechanized vehicles that the
                    Secretary concerned determines is necessary for
                    administrative use or to respond to an emergency.
                        (B) Mechanized vehicles, pedestrians, and horse
                    travel.--Except as authorized under subsection (c),
                    nothing in this section prohibits--
                                (i) the use of mechanized vehicles, access
                            by pedestrians, or horse travel within the
                            areas designated by subsection (a); or
                                (ii) the construction of trails for use by
                            mechanized vehicles, pedestrians, and horse
                            travel within the areas designated by
                            subsection (a).
                (5) Firewood.--The Secretary concerned may allow for the
            collection of firewood for noncommercial personal use within
            the areas designated by subsection (a)--
                        (A) in accordance with any applicable laws; and
                        (B) subject to such terms and conditions as the
                    Secretary concerned determines to be appropriate.
        (c) Area Specific Management Requirements.--
                (1) Highlands special management area.--
                        (A) Campground development.--No permanent
                    campground may be constructed within the Highlands
                    Special Management Area.
                        (B) Motorized and mechanized recreation.--Except as
                    provided in subparagraph (C), and as necessary for
                    administrative use or to respond to an emergency, the
                    use of motorized or mechanized vehicles within the
                    Highlands Special Management Area shall be prohibited.
                        (C) Transmission towers and municipal water
                    pipelines.--Nothing in this section affects--
                                (i) the reasonable access of the government
                            of the applicable county to operate and
                            maintain the communication site located on
                            Table Mountain under a special use permit
                            issued by the Forest Service; and
                                (ii) the reasonable access of the city of
                            Butte, Montana, to operate, maintain, and if
                            necessary, upgrade the water supply pipeline
                            within the Highlands Special Management Area in
                            existence as of the date of enactment of this
                            Act for the city of Butte (including the
                            surrounding community of the city of Butte).
                        (D) Helicopter landings.--Nothing in this section
                    precludes or restricts the authority of the Secretary
                    concerned to enter into agreements with the Secretary
                    of Defense or the Montana National Guard to authorize
                    limited and scheduled landings of aircraft in the
                    Highlands Special Management Area.
                (2) Lost creek, thunderbolt, and west pioneers recreation
            management areas.--
                        (A) Motorized recreation.--Subject to any terms and
                    conditions the Secretary concerned determines to be
                    necessary, the use of motorized vehicles within the
                    Lost Creek, Thunderbolt, and West Pioneers Recreation
                    Management Areas shall be limited to--
                                (i) the routes and trails designated for
                            such use as of the date of enactment of this
                            Act; and
                                (ii) during periods of adequate snow cover,
                            the areas designated for snowmobile use as of
                            the date of enactment of this Act.
                        (B) Campground development.--No permanent
                    campground may be constructed within the Lost Creek
                    Recreation Area.
                (3) Otatsy recreation management area.--
                        (A) Motorized and mechanized recreation.--
                                (i) In general.--The use of motorized and
                            mechanized vehicles in the Otatsy Recreation
                            Management Area shall be permitted only on the
                            roads, trails, and areas designated for use by
                            motorized and mechanized vehicles by the
                            management plan required under subparagraph
                            (B).
                                (ii) Interim management.--Until the date on
                            which the management plan required under
                            subparagraph (B) is approved, and subject to
                            any terms and conditions that the Secretary
                            concerned determines to be necessary, the use
                            of motorized or mechanized vehicles in the
                            Otatsy Recreation Management Area shall be
                            limited to the routes and trails designated for
                            such use as of the date of enactment of this
                            Act, except that during periods of adequate
                            snow cover, the use of snowmobiles shall be
                            allowed within the Otatsy Recreation Management
                            Area.
                        (B) Management plan.--The Secretary concerned shall
                    prepare a management plan for the Otatsy Recreation
                    Management Area as part of the first revision of the
                    applicable forest plan that is carried out after the
                    date of enactment of this Act.
                (4) Three rivers and roderick special management areas.--
                        (A) Motorized and mechanized recreation.--Except as
                    provided in subparagraphs (B) and (C), the use of
                    motorized or mechanized vehicles within the Three
                    Rivers Special Management Area and the Roderick Special
                    Management Area shall be limited to the roads on which
                    use by highway legal vehicles is permitted as of the
                    date of enactment of this Act.
                        (B) Snowmobile area.--Subject to any terms and
                    conditions the Secretary concerned determines to be
                    necessary, the use of snowmobiles shall be allowed in
                    the areas designated as ``motorized'' in the map
                    entitled ``Roderick Wilderness and Special Management
                    Area and Three Rivers Special Management Area'' and
                    dated September 13, 2010.
                        (C) Game carts.--The Secretary concerned may
                    authorize the use of nonmotorized game carts in the
                    area identified as ``Roderick Special Management Area''
                    on the map described in subparagraph (B).
                        (D) Campground development.--No permanent
                    campground may be constructed in the Three Rivers
                    Special Management Area or the Roderick Special
                    Management Area.
                (5) Tobacco roots recreation management area.--Subject to
            any terms and conditions that the Secretary concerned
            determines to be necessary, the use of motorized vehicles shall
            be limited to the roads, routes, and trails in the Tobacco
            Roots Recreation Management Area designated for such use as of
            the date of enactment of this Act.
                (6) West big hole recreation management area.--
                        (A) Motorized recreation.--Subject to any terms and
                    conditions that the Secretary concerned determines to
                    be necessary, motorized use shall be permitted on
                    approved designated, routes, trails, and areas in the
                    West Big Hole Recreation Management Area, including the
                    use of snowmobiles during periods of adequate snow
                    cover.
                        (B) Timber harvest.--The Secretary concerned may
                    authorize post and pole, firewood, and fuel reduction
                    timber projects in the West Big Hole Recreation
                    Management Area, subject to such terms and conditions
                    that the Secretary concerned determines to be
                    appropriate.

    SEC. 718. ALL TERRAIN VEHICLE STUDY AND REPORT.

        Not later than 1 year after the date of enactment of this Act, the
    Secretary concerned shall study and report on--
                (1) the opportunities for expanded all-terrain vehicles
            routes and trails across the Three Rivers District and adjacent
            areas on the Kootenai National Forest;
                (2) the interconnectedness of routes on private or State
            land; and
                (3) the opportunities for expanded access points to
            existing trails.
        This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2011''.

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

                                    TITLE I

                              DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

                         (including transfer of funds)

        For necessary expenses of the Workforce Investment Act of 1998
    (``WIA''), the Second Chance Act of 2007, and the Women in
    Apprenticeship and Non-Traditional Occupations Act of 1992, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the
    WIA; $3,861,457,000, plus reimbursements, shall be available. Of the
    amounts provided:
                (1) for grants to States for adult employment and training
            activities, youth activities, dislocated worker employment and
            training activities, and for workforce innovation activities,
            $3,110,380,000 as follows:
                        (A) $891,540,000 for adult employment and training
                    activities, of which not more than $30,000,000, shall
                    be available for workforce innovation activities to
                    carry out projects authorized under section 171(b) of
                    the WIA that demonstrate innovative strategies or
                    replicate effective evidence-based strategies that
                    align and strengthen the workforce investment system in
                    order to improve program delivery and education and
                    employment outcomes for program beneficiaries, and of
                    which $179,540,000 shall be available for the period
                    July 1, 2011, through June 30, 2012, and of which
                    $712,000,000 shall be available for the period October
                    1, 2011 through June 30, 2012;
                        (B) $985,000,000 for youth activities, which shall
                    be available for the period April 1, 2011 through June
                    30, 2012; and of which not more than $85,000,000 shall
                    be for workforce innovation activities to carry out
                    projects authorized under section 171(b) of the WIA
                    that demonstrate innovative strategies or replicate
                    effective evidence-based strategies that align and
                    strengthen the workforce investment system in order to
                    improve program delivery and education and employment
                    outcomes for youth: Provided, That notwithstanding
                    section 128(a)(1) of the WIA, the amount available to
                    the Governor for statewide activities shall not exceed
                    10 percent of the amount allotted to the State from the
                    appropriation under this subparagraph: Provided
                    further, That of the funds reserved in this
                    subparagraph for workforce innovation activities not
                    less than 30 percent shall be for projects providing
                    summer employment activities for youth; and
                        (C) $1,233,840,000 for dislocated worker employment
                    and training activities, of which not more than
                    $50,000,000 shall be for workforce innovation
                    activities to carry out projects authorized under
                    section 171(b) of the WIA that demonstrate innovative
                    strategies or replicate effective evidence-based
                    strategies that align and strengthen the workforce
                    investment system in order to improve program delivery
                    and education and employment outcomes for program
                    beneficiaries, and of which $373,840,000 shall be
                    available for the period July 1, 2011 through June 30,
                    2012, and of which $860,000,000 shall be available for
                    the period October 1, 2011 through June 30, 2012:
            Provided, That with respect to a local board's transfer
            authority, section 133(b)(4) of the WIA shall be applied by
            substituting ``30 percent'' for ``20 percent'' each place the
            term appears in such section: Provided further, That a local
            board may award a contract to an institution of higher
            education or other eligible training provider if the local
            board determines that it would facilitate the training of
            multiple individuals in high-demand occupations, if such
            contract does not limit customer choice: Provided further, That
            projects carried out with funds available for workforce
            innovation activities shall not be subject to the requirements
            of section 171(b)(2)(B) of the WIA and shall be administered by
            the Secretary of Labor in cooperation with the Secretary of
            Education and, as appropriate, other heads of departments and
            agencies: Provided further, That of the funds available for
            workforce innovation activities, not more than 5 percent shall
            be for technical assistance and evaluations related to the
            projects carried out with these funds;
                (2) for federally administered programs, $480,038,000 as
            follows:
                        (A) $229,160,000 for the dislocated workers
                    assistance national reserve, of which $29,160,000 shall
                    be available for the period July 1, 2011 through June
                    30, 2012, and of which $200,000,000 shall be available
                    for the period October 1, 2011 through June 30, 2012:
                    Provided, That funds provided to carry out section
                    132(a)(2)(A) of the WIA may be used to provide
                    assistance to a State for State-wide or local use in
                    order to address cases where there have been worker
                    dislocations across multiple sectors or across multiple
                    local areas and such workers remain dislocated;
                    coordinate the State workforce development plan with
                    emerging economic development needs; and train such
                    eligible dislocated workers: Provided further, That
                    funds provided to carry out section 171(d) of the WIA
                    may be used for demonstration projects that provide
                    assistance to new entrants in the workforce and
                    incumbent workers: Provided further, That none of the
                    funds shall be obligated to carry out section 173(e) of
                    the WIA;
                        (B) $55,000,000 for Native American programs, which
                    shall be available for the period July 1, 2011 through
                    June 30, 2012;
                        (C) $87,378,000 for migrant and seasonal farmworker
                    programs under section 167 of the WIA, including
                    $80,968,000 for formula grants (of which not less than
                    70 percent shall be for employment and training
                    services), $5,900,000 for migrant and seasonal housing
                    (of which not less than 70 percent shall be for
                    permanent housing), and $510,000 for other
                    discretionary purposes, which shall be available for
                    the period July 1, 2011 through June 30, 2012:
                    Provided, That notwithstanding any other provision of
                    law or related regulation, the Department of Labor
                    shall take no action limiting the number or proportion
                    of eligible participants receiving related assistance
                    services or discouraging grantees from providing such
                    services;
                        (D) $1,000,000 for carrying out the Women in
                    Apprenticeship and Nontraditional Occupations Act,
                    which shall be available for the period July 1, 2011
                    through June 30, 2012; and
                        (E) $107,500,000 for YouthBuild activities as
                    described in section 173A of the WIA, which shall be
                    available for the period April 1, 2011 through June 30,
                    2012;
                (3) for national activities, $271,039,000 as follows:
                        (A) $94,689,000 for Pilots, Demonstrations, and
                    Research, which shall be available for the period April
                    1, 2011 through June 30, 2012, of which $40,000,000
                    shall be for Transitional Jobs activities, and shall
                    not be subject to the requirements of section
                    171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that up to
                    10 percent of the amount available for Transitional
                    Jobs activities may be used for evaluation of such
                    projects or transferred to the Department of Health and
                    Human Services and/or the Department of Justice for
                    support of Transitional Jobs activities; and of which
                    $48,133,000 shall be used for the projects, and in the
                    amounts, as specified in the explanatory statement
                    described in section 4 (in the matter preceding
                    division A of this consolidated Act): Provided, That
                    funding provided to carry out such projects shall not
                    be subject to the requirements of sections 171(b)(2)(B)
                    and 171(c)(4)(D) of the WIA, the joint funding
                    requirements of sections 171(b)(2)(A) and 171(c)(4)(A)
                    of the WIA, or any time limit requirements of sections
                    171(b)(2)(C) and 171(c)(4)(B) of the WIA;
                        (B) $55,000,000 for activities that prepare workers
                    for careers in energy efficiency and renewable energy
                    as described in section 171(e)(1)(B) of the WIA, under
                    the authority of section 171 of the WIA, which shall be
                    available for the period July 1, 2011 through June 30,
                    2012, and which shall not be subject to the
                    requirements of section 171(b)(2)(B) or 171(c)(4)(D);
                        (C) $98,000,000 for ex-offender activities, under
                    the authority of section 171 of the WIA and section 212
                    of the Second Chance Act of 2007, which shall be
                    available for the period April 1, 2011 through June 30,
                    2012, notwithstanding the requirements of section
                    171(b)(2)(B) or 171(c)(4)(D) of the WIA;
                        (D) $9,600,000 for Evaluation, which shall be
                    available for the period July 1, 2011 through June 30,
                    2012; and
                        (E) $13,750,000 for the Workforce Data Quality
                    Initiative, under the authority of section 171(c)(2) of
                    the WIA, which shall be available for the period July
                    1, 2011 through June 30, 2012, and which shall not be
                    subject to the requirements of section 171(c)(4)(D).

                              office of job corps

                         (including transfer of funds)

        To carry out subtitle C of title I of the Workforce Investment Act
    of 1998, including Federal administrative expenses, the purchase and
    hire of passenger motor vehicles, the construction, alteration and
    repairs of buildings and other facilities, and the purchase of real
    property for training centers as authorized by the Workforce Investment
    Act; $1,719,125,000, plus reimbursements, as follows:
                (1) $1,584,015,000 for Job Corps Operations, of which
            $993,015,000 shall be available for obligation for the period
            July 1, 2011 through June 30, 2012 and of which $591,000,000
            shall be available for obligation for the period October 1,
            2011 through June 30, 2012;
                (2) $104,250,000 for construction, rehabilitation and
            acquisition of Job Corps Centers, of which $4,250,000 shall be
            available for the period July 1, 2011 through June 30, 2014 and
            $100,000,000 shall be available for the period October 1, 2011
            through June 30, 2014: Provided, That the Secretary of Labor
            may transfer up to 25 percent of such funds to meet the
            operational needs of such centers: Provided further, That any
            funds transferred pursuant to the preceding proviso shall not
            be available for obligation after June 30, 2012; and
                (3) $30,860,000 for necessary expenses of the Office of Job
            Corps shall be available for obligation for the period October
            1, 2010 through September 30, 2011:
    Provided, That no funds from any other appropriation shall be used to
    provide meal services at or for Job Corps centers.

                community service employment for older americans

        To carry out title V of the Older Americans Act of 1965 (``OAA''),
    $620,425,000, which shall be available for the period July 1, 2011
    through June 30, 2012: Provided, That funds made available under this
    heading may, in accordance with section 517(c) of the OAA, be
    recaptured and reobligated.

                  federal unemployment benefits and allowances

        For payments during fiscal year 2011 of trade adjustment benefit
    payments and allowances under part I of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, and section 246 of that Act; and for
    training, employment and case management services, allowances for job
    search and relocation, and related State administrative expenses under
    part II of subchapter B of chapter 2 of title II of the Trade Act of
    1974, including benefit payments, allowances, training, and related
    State administration provided pursuant to paragraphs (1) and (2) of
    section 1891(b) of the Trade and Globalization Adjustment Assistance
    Act of 2009, $1,938,200,000, together with such amounts as may be
    necessary to be charged to the subsequent appropriation for payments
    for any period subsequent to September 15, 2011.

         state unemployment insurance and employment service operations

        For authorized administrative expenses, $89,403,000, together with
    not to exceed $4,168,924,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
                (1) $3,390,079,000 from the Trust Fund is for grants to
            States for the administration of State unemployment insurance
            laws as authorized under title III of the Social Security Act
            (including $65,000,000 to conduct in-person re-employment and
            eligibility assessments and unemployment insurance improper
            payment reviews), the administration of unemployment insurance
            for Federal employees and for ex-service members as authorized
            under 5 U.S.C. 8501-8523, and the administration of trade
            readjustment allowances, re-employment trade adjustment
            assistance, and alternative trade adjustment assistance under
            the Trade Act of 1974 and under section 1891(b) of the Trade
            and Globalization Adjustment Assistance Act of 2009, and shall
            be available for obligation by the States through December 31,
            2011, except that funds used for automation acquisitions shall
            be available for obligation by the States through September 30,
            2013, and funds used for unemployment insurance workloads
            experienced by the States through September 30, 2011, shall be
            available for Federal obligation through December 31, 2011:
            Provided, That funds awarded to States under the
            misclassification initiative or to conduct re-employment and
            eligibility assessment and improper payment reviews shall be
            available for obligation by the States through September 30,
            2013;
                (2) $11,310,000 from the Trust Fund is for national
            activities necessary to support the administration of the
            Federal-State unemployment insurance system;
                (3) $680,893,000 from the Trust Fund, together with
            $22,683,000 from the General Fund of the Treasury, is for
            grants to States in accordance with section 6 of the Wagner-
            Peyser Act, and shall be available for Federal obligation for
            the period July 1, 2011 through June 30, 2012;
                (4) $20,994,000 from the Trust Fund is for national
            activities of the Employment Service, including administration
            of the work opportunity tax credit under section 51 of the
            Internal Revenue Code of 1986, and the provision of technical
            assistance and staff training under the Wagner-Peyser Act,
            including not to exceed $1,228,000 that may be used for
            amortization payments to States which had independent
            retirement plans in their State employment service agencies
            prior to 1980;
                (5) $65,648,000 from the Trust Fund is for the
            administration of foreign labor certifications and related
            activities under the Immigration and Nationality Act and
            related laws, of which $50,519,000 shall be available for the
            Federal administration of such activities, and $15,129,000
            shall be available for grants to States for the administration
            of such activities; and
                (6) $66,720,000 from the General Fund is to provide
            workforce information, national electronic tools, and one-stop
            system building under the Wagner-Peyser Act and section 171
            (e)(2)(C) of the Workforce Investment Act of 1998 and shall be
            available for Federal obligation for the period July 1, 2011
            through June 30, 2012:
    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2011 is projected by the
    Department of Labor to exceed 6,051,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act: Provided further, That funds appropriated in this Act
    that are allotted to a State to carry out activities under title III of
    the Social Security Act may be used by such State to assist other
    States in carrying out activities under such title III if the other
    States include areas that have suffered a major disaster declared by
    the President under the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act: Provided further, That the Secretary of Labor
    may use funds appropriated for grants to States under title III of the
    Social Security Act to make payments on behalf of States for the use of
    the National Directory of New Hires under section 453(j)(8) of such
    Act: Provided further, That funds appropriated in this Act which are
    used to establish a national one-stop career center system, or which
    are used to support the national activities of the Federal-State
    unemployment insurance or immigration programs, may be obligated in
    contracts, grants, or agreements with non-State entities: Provided
    further, That funds appropriated under this Act for activities
    authorized under title III of the Social Security Act and the Wagner-
    Peyser Act may be used by States to fund integrated Unemployment
    Insurance and Employment Service automation efforts, notwithstanding
    cost allocation principles prescribed under the Office of Management
    and Budget Circular A-87: Provided further, That the Secretary, at the
    request of a State participating in a consortium with other States, may
    reallot funds allotted to such State under title III of the Social
    Security Act to other States participating in the consortium in order
    to carry out activities that benefit the administration of the
    unemployment compensation law of the State making the request.

            advances to the unemployment trust fund and other funds

        For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, and to the
    Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
    the Internal Revenue Code of 1986; and for nonrepayable advances to the
    Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the
    ``Federal Unemployment Benefits and Allowances'' account, such sums as
    may be necessary, which shall be available for obligation through
    September 30, 2012.

                             program administration

        For expenses of administering employment and training programs,
    $103,451,000, together with not to exceed $55,472,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                   Employee Benefits Security Administration

                             salaries and expenses

        For necessary expenses for the Employee Benefits Security
    Administration, $172,995,000.

                      Pension Benefit Guaranty Corporation

                   pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation (``Corporation'') is
    authorized to make such expenditures, including financial assistance
    authorized by subtitle E of title IV of the Employee Retirement Income
    Security Act of 1974, within limits of funds and borrowing authority
    available to the Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations, as
    provided by 31 U.S.C. 9104, as may be necessary in carrying out the
    program, including associated administrative expenses, through
    September 30, 2011, for the Corporation: Provided, That none of the
    funds available to the Corporation for fiscal year 2011 shall be
    available for obligations for administrative expenses in excess of
    $466,301,000: Provided further, That to the extent that the number of
    new plan participants in plans terminated by the Corporation exceeds
    100,000 in fiscal year 2011, an amount not to exceed an additional
    $9,200,000 shall be available through September 30, 2012 for obligation
    for administrative expenses for every 20,000 additional terminated
    participants: Provided further, That an additional $50,000 shall be
    made available through September 30, 2012, for obligation for
    investment management fees for every $25,000,000 in assets received by
    the Corporation as a result of new plan terminations or asset growth,
    after approval by the Office of Management and Budget and notification
    of the Committees on Appropriations of the House of Representatives and
    the Senate: Provided further, That obligations in excess of the amounts
    provided in this paragraph may be incurred for unforeseen and
    extraordinary pretermination expenses after approval by the Office of
    Management and Budget and notification of the Committees on
    Appropriations of the House of Representatives and the Senate.

                    Office of Workers' Compensation Programs

                             salaries and expenses

        For necessary expenses for the Office of Workers' Compensation
    Programs, $123,765,000, together with $2,181,000 which may be expended
    from the Special Fund in accordance with sections 39(c), 44(d), and
    44(j) of the Longshore and Harbor Workers' Compensation Act.

                                special benefits

                         (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior
    fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
    provided for under the heading ``Civilian War Benefits'' in the Federal
    Security Agency Appropriation Act, 1947; the Employees' Compensation
    Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War
    Claims Act of 1948; and 50 percent of the additional compensation and
    benefits required by section 10(h) of the Longshore and Harbor Workers'
    Compensation Act, $183,000,000, together with such amounts as may be
    necessary to be charged to the subsequent year appropriation for the
    payment of compensation and other benefits for any period subsequent to
    August 15 of the current year: Provided, That amounts appropriated may
    be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an
    employer, who is not the employer at the time of injury, for portions
    of the salary of a re-employed, disabled beneficiary: Provided further,
    That balances of reimbursements unobligated on September 30, 2010,
    shall remain available until expended for the payment of compensation,
    benefits, and expenses: Provided further, That in addition there shall
    be transferred to this appropriation from the Postal Service and from
    any other corporation or instrumentality required under 5 U.S.C.
    8147(c) to pay an amount for its fair share of the cost of
    administration, such sums as the Secretary determines to be the cost of
    administration for employees of such fair share entities through
    September 30, 2011: Provided further, That of those funds transferred
    to this account from the fair share entities to pay the cost of
    administration of the Federal Employees' Compensation Act, $65,364,000
    shall be made available to the Secretary as follows:
                (1) For enhancement and maintenance of automated data
            processing systems and telecommunications systems, $17,318,000;
                (2) For automated workload processing operations, including
            document imaging, centralized mail intake, and medical bill
            processing, $32,973,000;
                (3) For periodic roll management and medical review,
            $15,073,000; and
                (4) The remaining funds shall be paid into the Treasury as
            miscellaneous receipts:
    Provided further, That the Secretary may require that any person filing
    a notice of injury or a claim for benefits under 5 U.S.C. 81, or the
    Longshore and Harbor Workers' Compensation Act, provide as part of such
    notice and claim, such identifying information (including Social
    Security account number) as such regulations may prescribe.

                   special benefits for disabled coal miners

        For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, as amended by Public Law 107-275, $158,220,000, to remain
    available until expended.
        For making after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of such Act, for costs incurred
    in the current fiscal year, such amounts as may be necessary.
        For making benefit payments under title IV for the first quarter of
    fiscal year 2012, $41,000,000, to remain available until expended.

        administrative expenses, energy employees occupational illness
                               compensation fund

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $53,778,000, to remain
    available until expended: Provided, That the Secretary of Labor may
    require that any person filing a claim for benefits under the Act
    provide as part of such claim, such identifying information (including
    Social Security account number) as may be prescribed.

                        black lung disability trust fund

                         (including transfer of funds)

        In fiscal year 2011, such sums as may be necessary from the Black
    Lung Disability Trust Fund (``Fund''), to remain available until
    expended, for payment of all benefits authorized by section 9501(d)(1),
    (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment
    of, and payment of interest on advances, as authorized by section 9501
    (d)(4) of that Act. In addition, the following amounts may be expended
    from the Fund for fiscal year 2011 for expenses of operation and
    administration of the Black Lung Benefits program, as authorized by
    section 9501(d)(5): not to exceed $33,075,000 for transfer to the
    Office of Workers' Compensation Programs, ``Salaries and Expenses'';
    not to exceed $25,394,000 for transfer to Departmental Management,
    ``Salaries and Expenses''; not to exceed $327,000 for transfer to
    Departmental Management, ``Office of Inspector General''; and not to
    exceed $356,000 for payments into miscellaneous receipts for the
    expenses of the Department of the Treasury.

                             Wage and Hour Division

                             salaries and expenses

        For necessary expenses for the Wage and Hour Division, including
    reimbursement to State, Federal, and local agencies and their employees
    for inspection services rendered, $242,640,000.

                 Office of Federal Contract Compliance Programs

                             salaries and expenses

        For necessary expenses for the Office of Federal Contract
    Compliance Programs, $110,333,000.

                      Office of Labor Management Standards

                             salaries and expenses

        For necessary expenses for the Office of Labor Management
    Standards, $45,181,000.

                 Occupational Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $577,096,000, including not to exceed $105,893,000
    which shall be the maximum amount available for grants to States under
    section 23(g) of the Occupational Safety and Health Act (``Act''),
    which grants shall be no less than 50 percent of the costs of State
    occupational safety and health programs required to be incurred under
    plans approved by the Secretary of Labor under section 18 of the Act;
    and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
    Safety and Health Administration may retain up to $200,000 per fiscal
    year of training institute course tuition fees, otherwise authorized by
    law to be collected, and may utilize such sums for occupational safety
    and health training and education: Provided, That notwithstanding 31
    U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
    September 30, 2011, to collect and retain fees for services provided to
    Nationally Recognized Testing Laboratories, and may utilize such sums,
    in accordance with the provisions of 29 U.S.C. 9a, to administer
    national and international laboratory recognition programs that ensure
    the safety of equipment and products used by workers in the workplace:
    Provided further, That none of the funds appropriated under this
    paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees: Provided further, That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Act with respect to
    any employer of 10 or fewer employees who is included within a category
    having a Days Away, Restricted, or Transferred (DART) occupational
    injury and illness rate, at the most precise industrial classification
    code for which such data are published, less than the national average
    rate as such rates are most recently published by the Secretary, acting
    through the Bureau of Labor Statistics, in accordance with section 24
    of the Act, except--
                (1) to provide, as authorized by the Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;
                (2) to conduct an inspection or investigation in response
            to an employee complaint, to issue a citation for violations
            found during such inspection, and to assess a penalty for
            violations which are not corrected within a reasonable
            abatement period and for any willful violations found;
                (3) to take any action authorized by the Act with respect
            to imminent dangers;
                (4) to take any action authorized by the Act with respect
            to health hazards;
                (5) to take any action authorized by the Act with respect
            to a report of an employment accident which is fatal to one or
            more employees or which results in hospitalization of two or
            more employees, and to take any action pursuant to such
            investigation authorized by the Act; and
                (6) to take any action authorized by the Act with respect
            to complaints of discrimination against employees for
            exercising rights under the Act:
    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees: Provided
    further, That $11,000,000 shall be available for Susan Harwood training
    grants.

                     Mine Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $373,138,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities, and $1,500,000 to
    continue the project with the United Mine Workers of America, for
    classroom and simulated rescue training for mine rescue teams; in
    addition, not to exceed $750,000 may be collected by the National Mine
    Health and Safety Academy for room, board, tuition, and the sale of
    training materials, otherwise authorized by law to be collected, to be
    available for mine safety and health education and training activities,
    notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
    Health Administration may retain up to $1,350,000 from fees collected
    for the approval and certification of equipment, materials, and
    explosives for use in mines, and may utilize such sums for such
    activities; the Secretary of Labor is authorized to accept lands,
    buildings, equipment, and other contributions from public and private
    sources and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health Administration
    is authorized to promote health and safety education and training in
    the mining community through cooperative programs with States,
    industry, and safety associations; the Secretary is authorized to
    recognize the Joseph A. Holmes Safety Association as a principal safety
    association and, notwithstanding any other provision of law, may
    provide funds and, with or without reimbursement, personnel, including
    service of Mine Safety and Health Administration officials as officers
    in local chapters or in the national organization; and any funds
    available to the Department of Labor may be used, with the approval of
    the Secretary, to provide for the costs of mine rescue and survival
    operations in the event of a major disaster.

                           Bureau of Labor Statistics

                             salaries and expenses

        For necessary expenses for the Bureau of Labor Statistics,
    including advances or reimbursements to State, Federal, and local
    agencies and their employees for services rendered, $565,050,000,
    together with not to exceed $67,438,000, which may be expended from the
    Employment Security Administration Account in the Unemployment Trust
    Fund, of which $1,500,000 may be used to fund the mass layoff
    statistics program under section 15 of the Wagner-Peyser Act: Provided,
    That the Current Employment Survey shall maintain the content of the
    survey issued prior to June 2005 with respect to the collection of data
    for the women worker series.

                     Office of Disability Employment Policy

                             salaries and expenses

        For necessary expenses for the Office of Disability Employment
    Policy to provide leadership, develop policy and initiatives, and award
    grants furthering the objective of eliminating barriers to the training
    and employment of people with disabilities, $42,138,000.

                            Departmental Management

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses for Departmental Management, including the
    hire of three sedans, $416,297,000, together with not to exceed
    $327,000, which may be expended from the Employment Security
    Administration Account in the Unemployment Trust Fund: Provided, That
    the Secretary of Labor may transfer up to $4,300,000 of the funds
    available under this heading for legal services to ``Mine Safety and
    Health Administration--Salaries and Expenses'' for activities related
    to the Department of Labor's caseload before the Federal Mine Safety
    and Health Review Commission, which may include case management of
    civil penalties, assignment of Pattern of Violations (``POV'') status,
    and enhanced enforcement under the POV process: Provided further, That
    $87,000,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2011: Provided further,
    That funds available to the Bureau of International Labor Affairs may
    be used to administer or operate international labor activities,
    bilateral and multilateral technical assistance, and microfinance
    programs, by or through contracts, grants, subgrants and other
    arrangements: Provided further, That $40,000,000 shall be for the
    United States' contribution to the International Labour Organization's
    International Program on the Elimination of Child Labor: Provided
    further, That $26,500,000 shall be used to implement model programs
    that address worker rights issues through technical assistance or other
    programs in countries with which the United States has free trade
    agreements or trade preference programs: Provided further, That funds
    available for the acquisition of Departmental information technology,
    architecture, infrastructure, equipment, software and related needs,
    may be allocated to agencies of the Department by the Department's
    Chief Information Officer: Provided further, That $27,000,000 shall be
    used for program evaluation, of which $17,000,000 shall be available
    for obligation through September 30, 2012: Provided further, That funds
    available for program evaluation may be transferred to any other
    appropriate account in the Department for such purpose: Provided
    further, That the Women's Bureau shall have grant authority.

                        veterans employment and training

        Not to exceed $211,523,000 may be derived from the Employment
    Security Administration Account in the Unemployment Trust Fund to carry
    out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327,
    and Public Law 103-353, and which shall be available for obligation by
    the States through December 31, 2011, of which $2,449,000 is for the
    National Veterans' Employment and Training Services Institute.
        In addition, to carry out Department of Labor programs under
    section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act
    of 2001 and the Veterans Workforce Investment Programs under section
    168 of the Workforce Investment Act, $50,971,000, of which $9,641,000
    shall be available for obligation for the period July 1, 2011 through
    June 30, 2012.

                          office of inspector general

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $79,090,000, together with not to exceed $5,992,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                              working capital fund

                         (including transfer of funds)

        For the Department of Labor's acquisition workforce capacity and
    capabilities, $4,537,000: Provided, That such funds may be transferred
    by the Secretary of Labor for that purpose to any other account in the
    Department (in addition to any other transfer authority provided in
    this Act): Provided further, That funds available under this heading
    shall be used only to supplement and not to supplant existing
    acquisition workforce activities and may be used for training,
    recruitment, retention, and hiring additional members of the
    acquisition workforce (as defined by the Office of Federal Procurement
    Policy Act), for information technology in support of acquisition
    workforce effectiveness, or for activities to improve acquisition
    management.

                               General Provisions

        Sec. 101.  None of the funds appropriated in this Act for the Job
    Corps shall be used to pay the salary of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level I.

                              (transfer of funds)

        Sec. 102.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall
    be increased by more than 3 percent by any such transfer: Provided,
    That the transfer authority granted by this section shall be available
    only to meet emergency needs and shall not be used to create any new
    program or to fund any project or activity for which no funds are
    provided in this Act: Provided further, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer, with such
    notification to include an explanation of the effects of the proposed
    transfer by program, project, and activity.
        Sec. 103.  In accordance with Executive Order No. 13126, none of
    the funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, whole or in
    part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
        Sec. 104.  None of the funds made available to the Department of
    Labor for grants under section 414(c) of the American Competitiveness
    and Workforce Improvement Act of 1998 may be used for any purpose other
    than training in the occupations and industries for which employers are
    using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training.
        Sec. 105.  None of the funds available to the Secretary of Labor
    for grants authorized under section 414(c) of the American
    Competitiveness and Workforce Improvement Act of 1998 shall be
    obligated for a grant awarded on a non-competitive basis.
        Sec. 106.  None of the funds appropriated in this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses
    of an individual, either as direct costs or indirect costs, at a rate
    in excess of Executive Level II. This limitation shall not apply to
    vendors providing goods and services as defined in Office of Management
    and Budget Circular A-133. Where States are recipients of such funds,
    States may establish a lower limit for salaries and bonuses of those
    receiving salaries and bonuses from subrecipients of such funds, taking
    into account factors including the relative cost-of-living in the
    State, the compensation levels for comparable State or local government
    employees, and the size of the organizations that administer Federal
    programs involved including Employment and Training Administration
    programs. Notwithstanding this section, the limitation on salaries for
    the Job Corps shall continue to be governed by Section 101 of this Act.
        Sec. 107.  The Secretary of Labor shall take no action to amend,
    through regulatory or administration action, the definition established
    in section 667.220 of title 20 of the Code of Federal Regulations for
    functions and activities under title I of the Workforce Investment Act
    of 1998, or to modify, through regulatory or administrative action, the
    procedure for redesignation of local areas as specified in subtitle B
    of title I of that Act (including applying the standards specified in
    section 116(a)(3)(B) of that Act, but notwithstanding the time limits
    specified in section 116(a)(3)(B) of that Act), until such time as
    legislation reauthorizing the Act is enacted. Nothing in the preceding
    sentence shall permit or require the Secretary to withdraw approval for
    such redesignation from a State that received the approval not later
    than October 12, 2005, or to revise action taken or modify the
    redesignation procedure being used by the Secretary in order to
    complete such redesignation for a State that initiated the process of
    such redesignation by submitting any request for such redesignation not
    later than October 26, 2005.

                        (including rescission of funds)

        Sec. 108. (a) Of the unobligated balances available in ``Department
    of Labor--Working Capital Fund'', $3,900,000 are permanently rescinded,
    to be derived solely from amounts available for the Investment in
    Reinvention Fund (other than amounts that were designated by the
    Congress as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985).
        (b) Public Law 85-67 is amended by striking the third proviso under
    the heading ``Working Capital Fund'' (as added by Public Law 104-134
    and relating to establishment of an Investment in Reinvestment Fund).

                         (including transfer of funds)

        Sec. 109.  Funds available to the Employment and Training
    Administration, either directly or through a set-aside, for technical
    assistance services to grantees may be transferred to ``Program
    Administration'' when it is determined that those services will be more
    efficiently performed by Federal staff.
         This title may be cited as the ``Department of Labor
    Appropriations Act, 2011''.

                                    TITLE II

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                         health resources and services

                         (including transfer of funds)

        For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX,
    XX, XXVI, and XXVIII of the Public Health Service Act (``PHS Act''),
    section 427(a) of the Federal Coal Mine Health and Safety Act, title V
    and sections 711, 1128E, 1820, and 1886 of the Social Security Act, the
    Health Care Quality Improvement Act of 1986, the Native Hawaiian Health
    Care Act of 1988, the Cardiac Arrest Survival Act of 2000, section 712
    of the American Jobs Creation Act of 2004, the Stem Cell Therapeutic
    and Research Act of 2005, the Medicare Prescription Drug Improvement
    and Modernization Act of 2003, and the Patient Protection and
    Affordable Care Act, $7,715,892,000, of which $41,200,000 from general
    revenues, notwithstanding section 1820(j) of the Social Security Act,
    shall be available for carrying out the Medicare rural hospital
    flexibility grants program under such section: Provided, That sections
    340G-1(d)(1) and (d)(2), 747(c)(2), 751(j)(2), and the proportional
    funding amounts in paragraphs (1) through (4) of section 756(e) of the
    PHS Act shall not apply to funds made available in this paragraph:
    Provided further, That of the funds made available under this heading
    for Medicare rural hospital flexibility grants, $1,000,000 shall be to
    carry out section 1820(g)(6) of the Social Security Act, with funds
    provided for such grants available for the purchase and implementation
    of telehealth services, including pilots and demonstrations on the use
    of electronic health records to coordinate rural veterans care between
    rural providers and the Department of Veterans Affairs through the use
    of the VISTA-Electronic Health Record: Provided further, That of the
    funds made available under this heading, $129,000 shall be available
    until expended for facilities renovations at the Gillis W. Long
    Hansen's Disease Center: Provided further, That in addition to fees
    authorized by section 427(b) of the Health Care Quality Improvement Act
    of 1986, fees shall be collected for the full disclosure of information
    under the Act sufficient to recover the full costs of operating the
    National Practitioner Data Bank, and shall remain available until
    expended to carry out that Act: Provided further, That fees collected
    for the full disclosure of information under the ``Health Care Fraud
    and Abuse Data Collection Program'', authorized by section 1128E(d)(2)
    of the Social Security Act, shall be sufficient to recover the full
    costs of operating the program, and shall remain available until
    expended to carry out that Act: Provided further, That no more than
    $40,000 shall be available until expended for carrying out the
    provisions of section 224(o) of the PHS Act including associated
    administrative expenses and relevant evaluations: Provided further,
    That no more than $100,000,000 shall be available until expended for
    carrying out the provisions of Public Law 104-73 and for expenses
    incurred by the Department of Health and Human Services (``HHS'')
    pertaining to administrative claims made under such law: Provided
    further, That of the funds made available under this heading,
    $327,356,000 shall be for the program under title X of the PHS Act to
    provide for voluntary family planning projects: Provided further, That
    amounts provided to said projects under such title shall not be
    expended for abortions, that all pregnancy counseling shall be
    nondirective, and that such amounts shall not be expended for any
    activity (including the publication or distribution of literature) that
    in any way tends to promote public support or opposition to any
    legislative proposal or candidate for public office: Provided further,
    That of the funds available under this heading, $2,010,365,000 shall
    remain available to the Secretary of HHS through September 30, 2013,
    for parts A and B of title XXVI of the PHS Act, of which $900,000,000
    shall be for State AIDS Drug Assistance Programs under the authority of
    section 2616 or 311(c) of the PHS Act: Provided further, That within
    the amounts provided for part A of title XXVI of the PHS Act,
    $4,919,000 shall be available to the Secretary through September 30,
    2013, and shall be available to qualifying jurisdictions, within 30
    days of enactment, for increasing supplemental grants for fiscal year
    2011 to metropolitan and transitional areas that received grant funding
    in fiscal year 2010 under subparts I and II of part A of title XXVI of
    the PHS Act to ensure that an area's total funding under subparts I and
    II of part A for fiscal year 2010, together with the amount of this
    additional funding, is not less than 90.7 percent of the amount of such
    area's total funding under part A for fiscal year 2006: Provided
    further, That notwithstanding section 2603(c)(1) of the PHS Act, the
    additional funding to areas under the immediately preceding proviso,
    which may be used for costs incurred during fiscal year 2010, shall be
    available to the area for obligation from the date of the award through
    the end of the grant year for the award: Provided further, That in
    addition to amounts provided herein, $25,000,000 shall be available
    from amounts available under section 241 of the PHS Act to carry out
    parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691
    Special Projects of National Significance: Provided further, That
    notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security
    Act, not to exceed $93,999,263 shall be available for carrying out
    special projects of regional and national significance pursuant to
    section 501(a)(2) of such Act and $11,810,915 shall be available for
    projects described in paragraphs (A) through (F) of section 501(a)(3)
    of such Act: Provided further, That of the funds provided, $34,927,000
    shall be provided for the Delta Health Initiative as authorized in
    section 219 of division G of Public Law 110-161 and associated
    administrative expenses: Provided further, That, for any program
    operating under section 751 of the PHS Act on or before January 1,
    2009, the Secretary of HHS may waive any of the requirements contained
    in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act: Provided
    further, That funds provided under section 846 and subpart 3 of part D
    of title III of the PHS Act may be used to make prior-year adjustments
    to awards made under these sections: Provided further, That of the
    amount appropriated in this paragraph, $257,375,000 shall be used for
    the projects financing the construction and renovation (including
    equipment) of healthcare and other facilities and for other health-
    related activities, and in the amounts, specified in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), and of which up to 1 percent of the amount for
    each project may be used for related agency administrative expenses:
    Provided further, That notwithstanding section 338J(k) of the PHS Act,
    $10,075,000 shall be available for State Offices of Rural Health:
    Provided further, That of the funds provided, $15,000,000 shall be
    available for the Small Rural Hospital Improvement Grant Program:
    Provided further, That notwithstanding section 399BB(g) of the PHS Act,
    funds made available under this heading for section 399BB of the PHS
    Act are for carrying out the program as authorized under section
    399BB(a)-(f) of such Act unless otherwise authorized subsequent to
    enactment of this Act: Provided further, That $65,000,000 shall be
    available for State Health Access Grants to expand access to affordable
    health care coverage for the uninsured populations in such States:
    Provided further, That of the funds provided under this paragraph,
    $90,000,000 shall be for grants to assist in the development of medical
    schools, including the construction and acquisition of property and
    facilities, in designated health professional shortage areas: Provided
    further, That funds made available in this paragraph may be used to
    continue operating the Council on Graduate Medical Education
    notwithstanding section 762(k) of the PHS Act.
        For an additional amount to carry out the activities listed, and in
    the amounts specified, under the heading ``Prevention and Public Health
    Fund'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), $20,000,000, to
    be derived by transfer from funds appropriated under section 4002 of
    the Patient Protection and Affordable Care Act: Provided, That such
    funds shall not be available for further transfer under authority
    granted in this or any other Act: Provided further, That the amounts
    shall be transferred within 45 days of enactment of this Act.

                 vaccine injury compensation program trust fund

        For payments from the Vaccine Injury Compensation Program Trust
    Fund (``Trust Fund''), such sums as may be necessary for claims
    associated with vaccine-related injury or death with respect to
    vaccines administered after September 30, 1988, pursuant to subtitle 2
    of title XXI of the Public Health Service Act, to remain available
    until expended: Provided, That for necessary administrative expenses,
    not to exceed $6,502,000 shall be available from the Trust Fund to the
    Secretary of Health and Human Services.

                   Centers for Disease Control and Prevention

                    disease control, research, and training

                         (including transfer of funds)

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
    201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
    Act of 1977, section 13 of the Mine Improvement and New Emergency
    Response Act of 2006, sections 20, 21, and 22 of the Occupational
    Safety and Health Act of 1970, titles II and IV of the Immigration and
    Nationality Act, section 501 of the Refugee Education Assistance Act of
    1980, sections 4001, 4004, 4201, and 4301 of the Patient Protection and
    Affordable Care Act (``PPACA''), section 103(a)(4)(H) of the
    Afghanistan Freedom Support Act of 2002, and for expenses necessary to
    support activities related to countering potential biological, nuclear,
    radiological, and chemical threats to civilian populations; including
    purchase and insurance of official motor vehicles in foreign countries;
    and purchase, hire, maintenance, and operation of aircraft,
    $6,288,507,000, of which $12,000,000 shall remain available until
    expended for acquisition of real property, equipment, construction, and
    renovation of facilities, including necessary repairs and improvements
    to laboratories leased or operated by the Centers for Disease Control
    and Prevention; of which $523,305,000 shall remain available until
    expended for the Strategic National Stockpile under section 319F-2 of
    the PHS Act; of which $25,000,000 shall remain available through
    September 30, 2012 for chronic disease grants; of which $12,155,000
    shall be used for the projects, and in the amounts, specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act); of which $118,023,000 for
    international HIV/AIDS shall remain available through September 30,
    2012; of which $150,137,000 shall be available until expended to
    provide screening and treatment for first response emergency services
    personnel, residents, students, and others related to the September 11,
    2001 terrorist attacks on the World Trade Center; and of which
    $5,540,000 shall remain available until expended for research on
    underground mine refuge chambers and alternatives: Provided, That
    paragraphs (1) through (3) of section 2821(b) of the PHS Act shall not
    apply to funds made available under this heading: Provided further,
    That in addition, such sums as may be derived from authorized user fees
    shall be credited to this account: Provided further, That with respect
    to the previous proviso, authorized user fees from the Vessel
    Sanitation Program shall be available through September 30, 2012:
    Provided further, That in addition to amounts provided herein, the
    following amounts shall be available from amounts available under
    section 241 of the PHS Act: (1) $12,864,000 to carry out the National
    Immunization Surveys; (2) $161,883,000 to carry out the National Center
    for Health Statistics surveys; (3) $61,916,000 for Scientific and
    Support Services; (4) $31,170,000 to carry out Public Health Research;
    and (5) $91,724,000 to carry out research activities within the
    National Occupational Research Agenda: Provided further, That none of
    the funds made available for injury prevention and control at the
    Centers for Disease Control and Prevention may be used, in whole or in
    part, to advocate or promote gun control: Provided further, That of the
    funds made available under this paragraph, up to $1,000 per eligible
    employee of the Centers for Disease Control and Prevention shall be
    made available until expended for Individual Learning Accounts:
    Provided further, That the Director may redirect the total amount made
    available under authority of Public Law 101-502, section 3, dated
    November 3, 1990, to activities the Director may so designate: Provided
    further, That the Committees on Appropriations of the House of
    Representatives and the Senate are to be notified promptly of any such
    redirection: Provided further, That not to exceed $22,787,000 may be
    available for making grants under section 1509 of the PHS Act to not
    less than 22 States, tribes, or tribal organizations: Provided further,
    That notwithstanding any other provision of law, the Centers for
    Disease Control and Prevention shall award a single contract or related
    contracts for development and construction that collectively include
    the full scope of the project: Provided further, That the solicitation
    and contract shall contain the clause ``availability of funds'' found
    at 48 CFR 52.232-18: Provided further, That of the funds appropriated,
    $10,000 shall be for official reception and representation expenses
    when specifically approved by the Director of the Centers for Disease
    Control and Prevention: Provided further, That employees of the Centers
    for Disease Control and Prevention or the Public Health Service, both
    civilian and Commissioned Officers, detailed to States, municipalities,
    or other organizations under authority of section 214 of the PHS Act,
    or in overseas assignments, shall be treated as non-Federal employees
    for reporting purposes only and shall not be included within any
    personnel ceiling applicable to the Agency, Service, or the Department
    of Health and Human Services during the period of detail or assignment:
    Provided further, That, notwithstanding section 516 of this Act, no
    activity funded under this heading or funded through transfers to
    ``Disease Control, Research, and Training'' that has a funding amount
    specifically identified in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act)
    may be eliminated, increased by more than 3 percent or reduced by more
    than 1 percent through any administrative action.
        In addition, for necessary expenses to administer the Energy
    Employees Occupational Illness Compensation Program Act, $55,358,000,
    to remain available until expended, of which no less than $4,500,000
    shall be for use by or in support of the Advisory Board on Radiation
    and Worker Health (``the Board'') to carry out its statutory
    responsibilities, including obtaining audits, technical assistance, and
    other support from the Board's audit contractor with regard to
    radiation dose estimation and reconstruction efforts, site profiles,
    procedures, and review of Special Exposure Cohort petitions and
    evaluation reports: Provided, That this amount shall be available
    consistent with the provision regarding administrative expenses in
    section 151(b) of division B, title I of Public Law 106-554.
        For an additional amount to carry out the activities listed, and in
    the amounts specified, under the heading ``Prevention and Public Health
    Fund'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), $630,000,000, to
    be derived by transfer from funds appropriated under section 4002 of
    the Patient Protection and Affordable Care Act: Provided, That such
    funds shall not be available for further transfer under authority
    granted in this or any other Act: Provided further, That the amounts
    shall be transferred within 45 days of enactment of this Act.

                         National Institutes of Health

                           national cancer institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cancer, $5,221,908,000, of which up to
    $8,000,000 may be used for facilities repairs and improvements at the
    National Cancer Institute-Frederick Federally Funded Research and
    Development Center in Frederick, Maryland.

                   national heart, lung, and blood institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cardiovascular, lung, and blood diseases,
    and blood and blood products, $3,168,353,000.

             national institute of dental and craniofacial research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to dental disease, $422,577,000.

        national institute of diabetes and digestive and kidney diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to diabetes and digestive and kidney disease,
    $1,849,285,000.

            national institute of neurological disorders and stroke

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to neurological disorders and stroke,
    $1,673,342,000.

             national institute of allergy and infectious diseases

                         (including transfer of funds)

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to allergy and infectious diseases,
    $4,929,920,000: Provided, That $300,000,000 may be made available to
    International Assistance Programs ``Global Fund to Fight HIV/AIDS,
    Malaria, and Tuberculosis'', to remain available until expended.

                 national institute of general medical sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to general medical sciences, $2,123,944,000.

      eunice kennedy shriver national institute of child health and human
                                  development

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to child health and human development,
    $1,359,515,000.

                             national eye institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to eye diseases and visual disorders,
    $723,020,000.

              national institute of environmental health sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to environmental health sciences,
    $705,733,000.

                          national institute on aging

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to aging, $1,136,097,000.

     national institute of arthritis and musculoskeletal and skin diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to arthritis and musculoskeletal and skin
    diseases, $553,186,000.

        national institute on deafness and other communication disorders

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to deafness and other communication disorders,
    $428,826,000.

                     national institute of nursing research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to nursing research, $149,339,000.

               national institute on alcohol abuse and alcoholism

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to alcohol abuse and alcoholism, $472,795,000.

                        national institute on drug abuse

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to drug abuse, $1,084,288,000.

                      national institute of mental health

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to mental health, $1,524,787,000.

                    national human genome research institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to human genome research, $527,485,000.

          national institute of biomedical imaging and bioengineering

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to biomedical imaging and bioengineering
    research, $324,149,000.

                     national center for research resources

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to research resources and general research
    support grants, $1,306,868,000.

           national center for complementary and alternative medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to complementary and alternative medicine,
    $131,693,000.

          national institute on minority health and health disparities

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to minority health and health disparities
    research, $217,430,000.

                      john e. fogarty international center

        For carrying out the activities of the John E. Fogarty
    International Center (described in subpart 2 of part E of title IV of
    the Public Health Service Act), $71,967,000.

                          national library of medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act (``PHS Act'') with respect to health information
    communications, $361,826,000, of which $4,000,000 shall be available
    until expended for improvement of information systems: Provided, That
    in fiscal year 2011, the National Library of Medicine may enter into
    personal services contracts for the provision of services in facilities
    owned, operated, or constructed under the jurisdiction of the National
    Institutes of Health: Provided further, That in addition to amounts
    provided herein, $8,200,000 shall be available from amounts available
    under section 241 of the PHS Act to carry out the purposes of the
    National Information Center on Health Services Research and Health Care
    Technology established under section 478A of the PHS Act and related
    health services.

                             office of the director

                         (including transfer of funds)

        For carrying out the responsibilities of the Office of the
    Director, National Institutes of Health (``NIH''), $1,252,514,000, of
    which up to $25,000,000 shall be used to carry out section 213 of this
    Act: Provided, That funding shall be available for the purchase of not
    to exceed 29 passenger motor vehicles for replacement only: Provided
    further, That the NIH is authorized to collect third party payments for
    the cost of clinical services that are incurred in NIH research
    facilities and that such payments shall be credited to the NIH
    Management Fund: Provided further, That all funds credited to such Fund
    shall remain available for one fiscal year after the fiscal year in
    which they are deposited: Provided further, That up to $194,400,000
    shall be available for continuation of the National Children's Study:
    Provided further, That $557,224,000 shall be available for the Common
    Fund established under section 402A(c)(1) of the Public Health Service
    Act (``PHS Act''): Provided further, That of the funds provided $10,000
    shall be for official reception and representation expenses when
    specifically approved by the Director of the NIH: Provided further,
    That the Office of AIDS Research within the Office of the Director of
    the NIH may spend up to $8,000,000 to make grants for construction or
    renovation of facilities as provided for in section 2354(a)(5)(B) of
    the PHS Act: Provided further, That $50,000,000 shall be available to
    implement section 402C of the PHS Act, relating to the Cures
    Acceleration Network: Provided further, That if the entirety of the
    $50,000,000 cannot be obligated for the Cures Acceleration Network in
    fiscal year 2011, the Director is authorized to transfer the remaining
    funds to the Institutes and Centers, in proportion to, and for the same
    purposes as, the appropriations otherwise made to such Institutes and
    Centers in this Act, in order to obligate the full amount available
    prior to October 1, 2011.

                            buildings and facilities

        For the study of, construction of, renovation of, and acquisition
    of equipment for, facilities of or used by the National Institutes of
    Health, including the acquisition of real property, $36,390,000, to
    remain available until expended.

           Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

                         (including transfer of funds)

        For carrying out titles III, V, and XIX of the Public Health
    Service Act (``PHS Act'') with respect to substance abuse and mental
    health services and the Protection and Advocacy for Individuals with
    Mental Illness Act, $3,461,456,000, of which $10,118,000 shall be used
    for the projects, and in the amounts, specified in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act): Provided, That notwithstanding section
    520A(f)(2) of the PHS Act, no funds appropriated for carrying out
    section 520A are available for carrying out section 1971 of the PHS
    Act: Provided further, That in addition to amounts provided herein, the
    following amounts shall be available under section 241 of the PHS Act:
    (1) $79,200,000 to carry out subpart II of part B of title XIX of the
    PHS Act to fund section 1935(b) technical assistance, national data,
    data collection and evaluation activities, and further that the total
    available under this Act for section 1935(b) activities shall not
    exceed 5 percent of the amounts appropriated for subpart II of part B
    of title XIX; (2) $21,039,000 to carry out subpart I of part B of title
    XIX of the PHS Act to fund section 1920(b) technical assistance,
    national data, data collection and evaluation activities, and further
    that the total available under this Act for section 1920(b) activities
    shall not exceed 5 percent of the amounts appropriated for subpart I of
    part B of title XIX; (3) $23,399,000 to carry out national surveys on
    drug abuse and mental health; and (4) $8,596,000 to collect and analyze
    data and evaluate substance abuse treatment programs: Provided further,
    That section 520E(b)(2) of the PHS Act shall not apply to funds
    appropriated under this Act for fiscal year 2011.
        For an additional amount to carry out the activities listed, and in
    the amounts specified, under the heading ``Prevention and Public Health
    Fund'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), $88,000,000, to
    be derived by transfer from funds appropriated under section 4002 of
    the Patient Protection and Affordable Care Act: Provided, That such
    funds shall not be available for further transfer under authority
    granted in this or any other Act: Provided further, That the amounts
    shall be transferred within 45 days of enactment of this Act.

                   Agency for Healthcare Research and Quality

                        healthcare research and quality

                         (including transfer of funds)

        For carrying out titles III and IX of the Public Health Service Act
    (``PHS Act''), part A of title XI of the Social Security Act, and
    section 1013 of the Medicare Prescription Drug, Improvement, and
    Modernization Act of 2003, amounts received from Freedom of Information
    Act fees, reimbursable and interagency agreements, and the sale of data
    shall be credited to this appropriation and shall remain available
    until expended: Provided, That the amount made available pursuant to
    section 947(c) of the PHS Act shall not exceed $403,700,000.
        For an additional amount to carry out the activities listed, and in
    the amounts specified, under the heading ``Prevention and Public Health
    Fund'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), $12,000,000, to
    be derived by transfer from funds appropriated under section 4002 of
    the Patient Protection and Affordable Care Act: Provided, That such
    funds shall not be available for further transfer under authority
    granted in this or any other Act: Provided further, That the amounts
    shall be transferred within 45 days of enactment of this Act.

                   Centers for Medicare and Medicaid Services

                         grants to states for medicaid

        For carrying out, except as otherwise provided, titles XI and XIX
    of the Social Security Act, $173,143,799,000, to remain available until
    expended.
        For making, after May 31, 2011, payments to States or in the case
    of section 1928 on behalf of States under title XIX of the Social
    Security Act for the last quarter of fiscal year 2011 for unanticipated
    costs, incurred for the current fiscal year, such sums as may be
    necessary.
        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2012, $86,445,289,000, to remain available
    until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                       payments to healthcare trust funds

        For payment to the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as provided under
    sections 217(g), 1844, and 1860D-16 of the Social Security Act,
    sections 103(c) and 111(d) of the Social Security Amendments of 1965,
    section 278(d) of Public Law 97-248, and for administrative expenses
    incurred pursuant to section 201(g) of the Social Security Act,
    $229,624,000,000.
        In addition, for making matching payments under section 1844, and
    benefit payments under section 1860D-16 of the Social Security Act, not
    anticipated in budget estimates, such sums as may be necessary.

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act (``PHS Act''), the Clinical Laboratory
    Improvement Amendments of 1988, the Patient Protection and Affordable
    Care Act, and the Health Care and Education Reconciliation Act of 2010,
    not to exceed $3,646,147,000, to be transferred from the Federal
    Hospital Insurance Trust Fund and the Federal Supplementary Medical
    Insurance Trust Fund, as authorized by section 201(g) of the Social
    Security Act; together with all funds collected in accordance with
    section 353 of the PHS Act and section 1857(e)(2) of the Social
    Security Act, funds retained by the Secretary of Health and Human
    Services pursuant to section 302 of the Tax Relief and Health Care Act
    of 2006; and such sums as may be collected from authorized user fees
    and the sale of data, which shall be credited to this account and
    remain available until expended: Provided, That all funds derived in
    accordance with 31 U.S.C. 9701 from organizations established under
    title XIII of the PHS Act shall be credited to and available for
    carrying out the purposes of this appropriation: Provided further, That
    $37,687,000, to remain available through September 30, 2012, shall be
    for contract costs for the Healthcare Integrated General Ledger
    Accounting System: Provided further, That $9,120,000, to remain
    available through September 30, 2012, shall be for the Centers for
    Medicare and Medicaid Services (``CMS'') Medicare contracting reform
    activities: Provided further, That $50,000,000 shall be available for
    the State high risk health insurance pool program as authorized by the
    State High Risk Pool Funding Extension Act of 2006: Provided further,
    That the Secretary is directed to collect fees in fiscal year 2011 from
    Medicare Advantage organizations pursuant to section 1857(e)(2) of the
    Social Security Act and from eligible organizations with risk-sharing
    contracts under section 1876 of that Act pursuant to section
    1876(k)(4)(D) of that Act: Provided further, That $4,415,000 shall be
    used for the projects, and in the amounts, specified under the heading
    ``Program Management'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                  health care fraud and abuse control account

        In addition to amounts otherwise available for program integrity
    and program management, $471,000,000, to remain available through
    September 30, 2012, to be transferred from the Federal Hospital
    Insurance Trust Fund and the Federal Supplementary Medical Insurance
    Trust Fund, as authorized by section 201(g) of the Social Security Act,
    of which $280,640,000 shall be for the Medicare Integrity Program at
    the Centers for Medicare and Medicaid Services, including
    administrative costs, to conduct oversight activities for Medicare
    Advantage and the Medicare Prescription Drug Program authorized in
    title XVIII of the Social Security Act and for activities listed in
    section 1893 of such Act; of which $79,657,000 shall be for the
    Department of Health and Human Services Office of Inspector General to
    carry out fraud and abuse activities authorized by section 1817(k)(3)
    of such Act; of which $35,100,000 shall be for the Medicaid and
    Children's Health Insurance Program (``CHIP'') program integrity
    activities; and of which $75,603,000 shall be for the Department of
    Justice to carry out fraud and abuse activities authorized by section
    1817(k)(3) of such Act: Provided, That the report required by section
    1817(k)(5) of the Social Security Act for fiscal year 2011 shall
    include measures of the operational efficiency and impact on fraud,
    waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
    funds provided by this appropriation.

                    Administration for Children and Families

      payments to states for child support enforcement and family support
                                    programs

        For making payments to States or other non-Federal entities under
    titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
    Act of July 5, 1960, $2,482,814,000, to remain available until
    expended; and for such purposes for the first quarter of fiscal year
    2012, $1,200,000,000, to remain available until expended.
        For making payments to each State for carrying out the program of
    Aid to Families with Dependent Children under title IV-A of the Social
    Security Act before the effective date of the program of Temporary
    Assistance for Needy Families with respect to such State, such sums as
    may be necessary: Provided, That the sum of the amounts available to a
    State with respect to expenditures under such title IV-A in fiscal year
    1997 under this appropriation and under such title IV-A as amended by
    the Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 shall not exceed the limitations under section 116(b) of such Act.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
    and XVI of the Social Security Act and the Act of July 5, 1960, for the
    last 3 months of the current fiscal year for unanticipated costs,
    incurred for the current fiscal year, such sums as may be necessary.

                       low income home energy assistance

        For making payments under subsections (b), (d), and (e) of section
    2602 of the Low Income Home Energy Assistance Act of 1981,
    $5,000,000,000, of which $4,509,672,000 shall be for payments under
    subsections (b) and (d) of such section; and of which $490,328,000
    shall be for payments under subsection (e) of such section, to be made
    notwithstanding the designation requirements of such subsection:
    Provided, That all but $839,792,000 of the amount provided in this Act
    for subsections (b) and (d) shall be allocated as though the total
    appropriation for such payments for fiscal year 2011 was less than
    $1,975,000,000: Provided further, That notwithstanding section
    2605(b)(2)(B)(ii) of such Act, a State may use any amount of an
    allotment from prior appropriations Acts that is available to that
    State for providing assistance in fiscal year 2011, and any allotment
    from funds appropriated in this Act or any other appropriations Act for
    fiscal year 2011, to provide assistance to households whose income does
    not exceed 75 percent of the State median income: Provided further,
    That notwithstanding section 2609(A)(a), of the amounts appropriated
    under section 2602(b), not more than $5,000,000 of such amounts may be
    reserved by the Secretary of Health and Human Services for technical
    assistance, training, and monitoring of program activities for
    compliance with internal controls, policies, and procedures.

                         refugee and entrant assistance

        For necessary expenses for refugee and entrant assistance
    activities authorized by section 414 of the Immigration and Nationality
    Act and section 501 of the Refugee Education Assistance Act of 1980,
    for carrying out section 462 of the Homeland Security Act of 2002,
    section 235 of the William Wilberforce Trafficking Victims Protection
    Reauthorization Act of 2008, and the Trafficking Victims Protection Act
    of 2000, for costs associated with the care and placement of
    unaccompanied alien children, and for carrying out the Torture Victims
    Relief Act of 1998, $767,102,000, of which up to $10,814,000 shall be
    available to carry out the Trafficking Victims Protection Act of 2000:
    Provided, That funds appropriated under this heading pursuant to
    section 414(a) of the Immigration and Nationality Act, section 462 of
    the Homeland Security Act of 2002, section 235 of the William
    Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
    and the Trafficking Victims Protection Act of 2000 for fiscal year 2011
    shall be available for the costs of assistance provided and other
    activities to remain available through September 30, 2013: Provided
    further, That amounts available herein for refugee school impact grants
    under title IV of the Immigration and Nationality Act shall also be
    available for grants by the Secretary of Health and Human Services to
    States for the purpose of assisting school districts serving
    significant numbers of children who entered the United States from
    Haiti during the period January 12, 2010 through May 31, 2010 and who
    are United States citizens or Haitian nationals, to meet the
    educational and related needs of such children.

       payments to states for the child care and development block grant

        For carrying out the Child Care and Development Block Grant Act of
    1990, $2,808,080,000 shall be used to supplement, not supplant State
    general revenue funds for child care assistance for low-income
    families: Provided, That $23,224,000 shall be available for child care
    resource and referral and school-aged child care activities, of which
    $1,000,000 shall be for the Child Care Aware toll-free hotline:
    Provided further, That, in addition to the amounts required to be
    reserved by the States under section 658G, $358,292,000 shall be
    reserved by the States for activities authorized under section 658G, of
    which $131,400,000 shall be for activities that improve the quality of
    infant and toddler care: Provided further, That $9,910,000 shall be for
    use by the Secretary of Health and Human Services for child care
    research, demonstration, and evaluation activities.

                          social services block grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000: Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable
    percent specified under such subparagraph for a State to carry out
    State programs pursuant to title XX of such Act shall be 10 percent.

                    children and families services programs

                         (including transfer of funds)

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, the Native American Programs Act of 1974, title II of
    the Child Abuse Prevention and Treatment and Adoption Reform Act of
    1978 (adoption opportunities), the Abandoned Infants Assistance Act of
    1988, sections 261 and 291 of the Help America Vote Act of 2002, part
    B-1 of title IV and sections 413, 1110, and 1115 of the Social Security
    Act; for making payments under the Community Services Block Grant Act
    (``CSBG Act''), sections 439(i), 473B, and 477(i) of the Social
    Security Act, and the Assets for Independence Act; and for necessary
    administrative expenses to carry out such Acts and titles I, IV, V, X,
    XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5,
    1960, the Low Income Home Energy Assistance Act of 1981, title IV of
    the Immigration and Nationality Act, section 501 of the Refugee
    Education Assistance Act of 1980, and section 505 of the Family Support
    Act of 1988, $10,301,491,000, of which $42,000,000, to remain available
    through September 30, 2012, shall be for grants to States for adoption
    incentive payments, as authorized by section 473A of the Social
    Security Act and may be made for adoptions completed before September
    30, 2011: Provided, That $8,074,783,000 shall be for making payments
    under the Head Start Act: Provided further, That for purposes of
    allocating funds described by the immediately preceding proviso, the
    following provisions shall apply: (1) the term ``base grant'' as used
    in section 640(a)(7)(A) of such Act with respect to funding provided to
    a Head Start agency (including Early Head Start) for fiscal year 2010
    shall be deemed to include funds appropriated in the American Recovery
    and Reinvestment Act of 2009 (``ARRA'') and provided to such agency for
    carrying out expansion of Head Start programs, as that phrase is used
    in subsection (a)(4)(D) of such section 640, and provided to such
    agency as the ongoing funding level for operations in the 12 month
    budget period beginning in fiscal year 2010; (2) in subparagraph (C) of
    subsection (a)(2) of such section, the phrase ``not less than 2.5
    percent'' shall be deemed to read ``not less than 2.661 percent''; (3)
    the amount reserved under subparagraph (C) of subsection (a)(2) of such
    section shall be less than the amount that would be reserved under such
    subparagraph absent this proviso by a sum of $5,131,935; (4) the amount
    reserved under subparagraph (E) of subsection (a)(2) of such section
    shall be more than the amount that would be reserved under such
    subparagraph absent this proviso by a sum of $15,000,000; (5) of all
    amounts reserved under subparagraph (E) of subsection (a)(2) of such
    section, the Secretary of Health and Human Services shall use an amount
    of not less than $15,000,000 for the purpose of reducing fraud and
    abuse in the Head Start (including Early Head Start) program; (6)
    subsection (a)(3) of such section shall be deemed to read as follows:
    ``From any amount remaining for a fiscal year after the Secretary
    carries out paragraph (2), the Secretary shall provide $10,000,000 for
    Indian Head Start programs (including Early Head Start programs), and
    $10,000,000 for migrant and seasonal Head Start programs, to increase
    enrollment in the programs involved''; and (7) the text of paragraph
    (4)(B)(i) of such section shall be deemed to read as follows: ``Under
    the circumstances described in clause (ii), from the balance, the
    Secretary shall reserve remaining amounts, to be allotted to each Head
    Start agency (including Early Head Start) in an amount that bears the
    same ratio to such remaining amounts as the funds appropriated in ARRA
    and provided to such agency for carrying out quality improvement
    activities of Head Start programs, as that phrase is used in paragraph
    (5) of this subsection (which funds shall be referred to in this
    proviso as such agency's `ARRA quality improvement funds') bear to the
    total of all such agencies' ARRA quality improvement funds, to carry
    out such quality improvement activities'': Provided further, That
    $850,000,000 shall be for making payments under the CSBG Act, of which
    $55,000,000 shall be for section 680(a)(2) of the CSBG Act: Provided
    further, That not less than $10,000,000 shall be for section
    680(a)(3)(B) of the CSBG Act: Provided further, That in addition to
    amounts provided herein, $5,762,000 shall be available from amounts
    available under section 241 of the Public Health Service Act to carry
    out the provisions of section 1110 of the Social Security Act: Provided
    further, That to the extent Community Services Block Grant funds are
    distributed as grant funds by a State to an eligible entity as provided
    under the CSBG Act, and have not been expended by such entity, they
    shall remain with such entity for carryover into the next fiscal year
    for expenditure by such entity consistent with program purposes:
    Provided further, That the Secretary of Health and Human Services shall
    establish procedures regarding the disposition of intangible assets and
    program income that permit such assets acquired with, and program
    income derived from, grant funds authorized under section 680 of the
    CSBG Act to become the sole property of such grantees after a period of
    not more than 12 years after the end of the grant period for any
    activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided
    further, That intangible assets in the form of loans, equity
    investments and other debt instruments, and program income may be used
    by grantees for any eligible purpose consistent with section
    680(a)(2)(A) of the CSBG Act: Provided further, That these procedures
    shall apply to such grant funds made available after November 29, 1999:
    Provided further, That funds appropriated for section 680(a)(2) of the
    CSBG Act shall be available for financing construction and
    rehabilitation and loans or investments in private business enterprises
    owned by community development corporations: Provided further, That
    $17,410,000 shall be for activities authorized by the Help America Vote
    Act of 2002, of which $12,154,000 shall be for payments to States to
    promote access for voters with disabilities, and of which $5,256,000
    shall be for payments to States for protection and advocacy systems for
    voters with disabilities: Provided further, That $2,000,000 shall be
    for a human services case management system for federally declared
    disasters, to include a comprehensive national case management contract
    and Federal costs of administering the system: Provided further, That
    up to $2,000,000 shall be for improving the Public Assistance Reporting
    Information System, including grants to States to support data
    collection for a study of the system's effectiveness: Provided further,
    That of the funds appropriated under this heading, $1,500,000 shall be
    transferred to the National Commission on Children and Disasters to
    carry out title VI of division G of Public Law 110-161, and
    notwithstanding section 611(d)(1) of such title, the National
    Commission on Children and Disasters shall terminate on October 1,
    2011: Provided further, That $22,627,000 shall be used for the
    projects, and in the amounts, as specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                       promoting safe and stable families

        For carrying out section 436 of the Social Security Act,
    $365,000,000 and section 437 of such Act, $63,311,000.

                    payments for foster care and permanency

        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, $5,366,000,000.
        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, for the first quarter of fiscal
    year 2012, $1,850,000,000.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under section 474 of title IV-E of
    the Social Security Act, for the last 3 months of the current fiscal
    year for unanticipated costs, incurred for the current fiscal year,
    such sums as may be necessary.

                            Administration on Aging

                            aging services programs

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965 (``OAA''), section 398 and title XXIX of the
    Public Health Service Act (``PHS Act''), and section 119 of the
    Medicare Improvements for Patients and Providers Act of 2008 and for
    necessary administrative expenses to carry out title XVII of the PHS
    Act, $1,633,078,000: Provided, That $3,500,000 shall be used for the
    projects, and in the amounts, as specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act): Provided further, That amounts under this heading
    shall be available for grants to States under section 361 of the OAA
    only for disease prevention and health promotion programs and
    activities which have been demonstrated to the satisfaction of the
    Secretary of Health and Human Services to be evidence-based and
    effective: Provided further, That the total amount available for fiscal
    year 2011 under this and any other Act, to carry out activities
    relating to Aging and Disability Resource Centers under subsections
    (a)(20)(B)(iii) and (b)(8) of section 202 of the OAA, shall not exceed
    the amount obligated for such purposes for fiscal year 2010 from funds
    available under Public Law 111-117.

                            Office of the Secretary

                        general departmental management

                         (including transfer of funds)

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six sedans, and for carrying
    out titles III, IV, XVII, XX, XXI, and XXVII of the Public Health
    Service Act (``PHS Act''), the United States-Mexico Border Health
    Commission Act, and research studies under section 1110 of the Social
    Security Act, $574,149,000; of which $53,891,000 shall be for minority
    AIDS prevention and treatment activities: Provided, That in addition to
    amounts provided herein, $65,211,000 shall be available from amounts
    available under section 241 of the PHS Act to carry out national health
    or human services research and evaluation activities, of which
    $4,455,000 shall be available to carry out evaluations (including
    longitudinal evaluations) of teenage pregnancy prevention approaches:
    Provided further, That none of the funds made available under this
    heading shall be available for carrying out activities specified under
    section 2003(b)(2) or (3) of title XX of the PHS Act: Provided further,
    That of the funds made available under this heading, $110,000,000 shall
    be for making competitive contracts and grants to public and private
    entities to fund medically accurate and age appropriate programs that
    reduce teen pregnancy and for the Federal costs associated with
    administering and evaluating such contracts and grants, of which not
    less than $75,000,000 shall be for replicating programs that have been
    proven effective through rigorous evaluation to reduce teenage
    pregnancy, behavioral risk factors underlying teenage pregnancy, or
    other associated risk factors, of which not less than $25,000,000 shall
    be available for research and demonstration grants to develop,
    replicate, refine, and test additional models and innovative strategies
    for preventing teenage pregnancy, and of which any remaining amounts
    shall be available for training and technical assistance, evaluation,
    outreach, and additional program support activities: Provided further,
    That of the funds made available under this heading, $7,000,000 shall
    be available only to increase the Department's acquisition workforce
    capacity and capabilities, and may be transferred by the Secretary of
    Health and Human Services for that purpose to any other account in the
    Department (in addition to any other transfer authority provided in
    this Act): Provided further, That funds available under the previous
    proviso shall be used only to supplement and not to supplant existing
    acquisition workforce activities and may be used for training,
    recruitment, retention, and hiring additional members of the
    acquisition workforce (as defined by the Office of Federal Procurement
    Policy Act), for information technology in support of acquisition
    workforce effectiveness, or for activities to improve acquisition
    management: Provided further, That $3,165,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                    office of medicare hearings and appeals

        For expenses necessary for administrative law judges responsible
    for hearing cases under title XVIII of the Social Security Act (and
    related provisions of title XI of such Act), $77,798,000, to be
    transferred in appropriate part from the Federal Hospital Insurance
    Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

      office of the national coordinator for health information technology

        For expenses necessary for the Office of the National Coordinator
    for Health Information Technology, including grants, contracts, and
    cooperative agreements for the development and advancement of
    interoperable health information technology, $38,734,000: Provided,
    That in addition to amounts provided herein, $31,108,000 shall be
    available from amounts available under section 241 of the Public Health
    Service Act.

                          office of inspector general

        For expenses necessary for the Office of Inspector General,
    including the hire of passenger motor vehicles for investigations, in
    carrying out the provisions of the Inspector General Act of 1978,
    $60,754,000: Provided, That of such amount, necessary sums shall be
    available for providing protective services to the Secretary of Health
    and Human Services and investigating non-payment of child support cases
    for which non-payment is a Federal offense under 18 U.S.C. 228:
    Provided further, That at least 40 percent of the funds provided in
    this Act for the Office of Inspector General shall be used only for
    investigations, audits, and evaluations pertaining to the discretionary
    programs funded in this Act.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights,
    $44,382,000.

         retirement pay and medical benefits for commissioned officers

        For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
    and for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act, such amounts as may be required during
    the current fiscal year.

                public health and social services emergency fund

                         (including transfer of funds)

        For expenses necessary to support activities related to countering
    potential biological, nuclear, radiological, chemical, and
    cybersecurity threats to civilian populations, and for other public
    health emergencies, $595,578,000; of which $33,065,000 shall be to
    support preparedness and emergency operations; of which $5,000,000, to
    support expenses due to response efforts, shall remain available until
    expended; and of which $10,000,000, to remain available through
    September 30, 2012, shall be to support the delivery of medical
    countermeasures: Provided, That of the amount made available herein for
    the delivery of medical countermeasures, up to $8,000,000 may be
    transferred to the U.S. Postal Service to support delivery of medical
    countermeasures.
        From funds transferred to this account pursuant to the fourth
    paragraph under this heading in Public Law 111-117, up to $476,194,000
    shall be available for expenses necessary to support advanced research
    and development pursuant to section 319L of the Public Health Service
    Act, and other administrative expenses of the Biomedical Advanced
    Research and Development Authority.
        For expenses necessary to prepare for and respond to an influenza
    pandemic, $65,000,000.
        For expenses necessary for fit-out and other costs related to a
    competitive lease procurement to renovate or replace the existing
    headquarters building for Public Health Service agencies and other
    components of the Department of Health and Human Services, $35,000,000,
    to remain available until expended.
        From funds provided under this heading in Public Laws 111-8 and
    111-117 and available for expenses necessary to prepare for and respond
    to an influenza pandemic, $170,000,000 may also be used (1) to plan,
    conduct, and support research to advance regulatory science to improve
    the ability to determine safety, effectiveness, quality, and
    performance of medical countermeasure products against chemical,
    biological, radiological, and nuclear agents including influenza virus,
    and (2) to analyze, conduct, and improve regulatory review and
    compliance processes for such products.
        From funds provided without fiscal year limitation under this
    heading in Public Law 111-32, $1,259,000,000 are rescinded, to be
    derived only from those amounts which have not yet been designated by
    the President as emergency funds.

                               General Provisions

        Sec. 201.  Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation
    expenses when specifically approved by the Secretary of Health and
    Human Services.
        Sec. 202.  The Secretary of Health and Human Services shall make
    available through assignment not more than 60 employees of the Public
    Health Service to assist in child survival activities and to work in
    AIDS programs through and with funds provided by the Agency for
    International Development, the United Nations International Children's
    Emergency Fund or the World Health Organization.
        Sec. 203.  None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual,
    through a grant or other extramural mechanism, at a rate in excess of
    Executive Level I.
        Sec. 204.  None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the Public Health Service Act,
    except for funds specifically provided for in this Act, or for other
    taps and assessments made by any office located in the Department of
    Health and Human Services, prior to the preparation and submission of a
    report by the Secretary of Health and Human Services to the Committees
    on Appropriations of the House of Representatives and the Senate
    detailing the planned uses of such funds.
        Sec. 205.  Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary of Health and Human Services
    shall determine, but not more than 2.5 percent, of any amounts
    appropriated for programs authorized under such Act shall be made
    available for the evaluation (directly, or by grants or contracts) of
    the implementation and effectiveness of such programs.

                              (transfer of funds)

        Sec. 206.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Health and Human Services in this Act may be transferred
    between appropriations, but no such appropriation shall be increased by
    more than 3 percent by any such transfer: Provided, That with respect
    to appropriations in this Act for ``Health Resources and Services'',
    ``Disease Control, Research, and Training'', and ``Substance Abuse and
    Mental Health Services'', no transfer of funds under this section may
    decrease any individual program, project, or activity by more than 1
    percent or increase any program, project, or activity by more than 3
    percent: Provided further, That the transfer authority granted by this
    section shall not be used to create any new program or to fund any
    project or activity for which no funds are provided in this Act:
    Provided further, That the Committees on Appropriations of the House of
    Representatives and the Senate shall be notified not less than 15 days
    in advance of any transfer under this section, with such notification
    to include an explanation of the effects of the proposed transfer by
    program, project, and activity.

                              (transfer of funds)

        Sec. 207.  The Director of the National Institutes of Health,
    jointly with the Director of the Office of AIDS Research, may transfer
    up to 3 percent among institutes and centers from the total amounts
    identified by these two Directors as funding for research pertaining to
    the human immunodeficiency virus: Provided, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

                              (transfer of funds)

        Sec. 208.  Of the amounts made available in this Act for the
    National Institutes of Health, the amount for research related to the
    human immunodeficiency virus, as jointly determined by the Director of
    the National Institutes of Health and the Director of the Office of
    AIDS Research, shall be made available to the ``Office of AIDS
    Research'' account. The Director of the Office of AIDS Research shall
    transfer from such account amounts necessary to carry out section
    2353(d)(3) of the Public Health Service Act.
        Sec. 209.  None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary of Health
    and Human Services that it encourages family participation in the
    decision of minors to seek family planning services and that it
    provides counseling to minors on how to resist attempts to coerce
    minors into engaging in sexual activities.
        Sec. 210.  Notwithstanding any other provision of law, no provider
    of services under title X of the Public Health Service Act shall be
    exempt from any State law requiring notification or the reporting of
    child abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 211.  None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary of Health and Human
    Services denies participation in such program to an otherwise eligible
    entity (including a Provider Sponsored Organization) because the entity
    informs the Secretary that it will not provide, pay for, provide
    coverage of, or provide referrals for abortions: Provided, That the
    Secretary shall make appropriate prospective adjustments to the
    capitation payment to such an entity (based on an actuarially sound
    estimate of the expected costs of providing the service to such
    entity's enrollees): Provided further, That nothing in this section
    shall be construed to change the Medicare program's coverage for such
    services and a Medicare Advantage organization described in this
    section shall be responsible for informing enrollees where to obtain
    information about all Medicare covered services.
        Sec. 212.  In order for the Department of Health and Human Services
    to carry out international health activities, including HIV/AIDS and
    other infectious disease, chronic and environmental disease, and other
    health activities abroad during fiscal year 2011:
                (1) The Secretary of Health and Human Services may exercise
            authority equivalent to that available to the Secretary of
            State in section 2(c) of the State Department Basic Authorities
            Act of 1956. The Secretary of Health and Human Services shall
            consult with the Secretary of State and relevant Chief of
            Mission to ensure that the authority provided in this section
            is exercised in a manner consistent with section 207 of the
            Foreign Service Act of 1980 and other applicable statutes
            administered by the Department of State.
                (2) The Secretary of Health and Human Services is
            authorized to provide such funds by advance or reimbursement to
            the Secretary of State as may be necessary to pay the costs of
            acquisition, lease, alteration, renovation, and management of
            facilities outside of the United States for the use of the
            Department of Health and Human Services. The Department of
            State shall cooperate fully with the Secretary of Health and
            Human Services to ensure that the Department of Health and
            Human Services has secure, safe, functional facilities that
            comply with applicable regulation governing location, setback,
            and other facilities requirements and serve the purposes
            established by this Act. The Secretary of Health and Human
            Services is authorized, in consultation with the Secretary of
            State, through grant or cooperative agreement, to make
            available to public or nonprofit private institutions or
            agencies in participating foreign countries, funds to acquire,
            lease, alter, or renovate facilities in those countries as
            necessary to conduct programs of assistance for international
            health activities, including activities relating to HIV/AIDS
            and other infectious diseases, chronic and environmental
            diseases, and other health activities abroad.
                (3) The Secretary of Health and Human Services is
            authorized to provide to personnel appointed or assigned by the
            Secretary to serve abroad, allowances and benefits similar to
            those provided under chapter 9 of title I of the Foreign
            Service Act of 1980, and 22 U.S.C. 4081 through 4086 and
            subject to such regulations prescribed by the Secretary. The
            Secretary is further authorized to provide locality-based
            comparability payments (stated as a percentage) up to the
            amount of the locality-based comparability payment (stated as a
            percentage) that would be payable to such personnel under
            section 5304 of title 5, United States Code if such personnel's
            official duty station were in the District of Columbia. Leaves
            of absence for personnel under this subsection shall be on the
            same basis as that provided under subchapter I of chapter 63 of
            title 5, United States Code, or section 903 of the Foreign
            Service Act of 1980, to individuals serving in the Foreign
            Service.
        Sec. 213. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health (``Director'')
    may use funds available under section 402(b)(7) or 402(b)(12) of the
    Public Health Service Act (``PHS Act'') to enter into transactions
    (other than contracts, cooperative agreements, or grants) to carry out
    research identified pursuant to such section 402(b)(7) (pertaining to
    the Common Fund) or research and activities described in such section
    402(b)(12).
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director may utilize such peer review procedures (including
    consultation with appropriate scientific experts) as the Director
    determines to be appropriate to obtain assessments of scientific and
    technical merit. Such procedures shall apply to such transactions in
    lieu of the peer review and advisory council review procedures that
    would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
    405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
        Sec. 214.  Funds which are available for Individual Learning
    Accounts for employees of the Centers for Disease Control and
    Prevention (``CDC'') and the Agency for Toxic Substances and Disease
    Registry (``ATSDR'') may be transferred to ``Disease Control, Research,
    and Training'', to be available only for Individual Learning Accounts:
    Provided, That such funds may be used for any individual full-time
    equivalent employee while such employee is employed either by CDC or
    ATSDR.
        Sec. 215.  Not to exceed $35,000,000 of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $2,500,000 per project.

                              (transfer of funds)

        Sec. 216.  Of the amounts made available for the National
    Institutes of Health, 1 percent of the amount made available for
    National Research Service Awards (``NRSA'') shall be made available to
    the Administrator of the Health Resources and Services Administration
    to make NRSA awards for research in primary medical care to individuals
    affiliated with entities who have received grants or contracts under
    section 747 of the Public Health Service Act, and 1 percent of the
    amount made available for NRSA shall be made available to the Director
    of the Agency for Healthcare Research and Quality to make NRSA awards
    for health service research.
        Sec. 217.  Henceforth, no funds appropriated for a fiscal year in
    this or any other or any subsequent Act shall be subject to the
    allocation requirements of section 1707A(e) of the Public Health
    Service Act.
        Sec. 218. (a) In General.--The Health Education Assistance Loan
    (``HEAL'') program under title VII, part A, subpart I of the Public
    Health Service Act, and the authority to administer such program,
    including servicing, collecting, and enforcing any loans that were made
    under such program that remain outstanding, shall be permanently
    transferred from the Secretary of Health and Human Services to the
    Secretary of Education.
        (b) Transfer of Functions, Assets, and Liabilities.--The functions,
    assets, and liabilities of the Secretary of Health and Human Services
    relating to such program shall be transferred to the Secretary of
    Education.
        (c) Use of Authorities Under Higher Education Act of 1965.--In
    servicing, collecting, and enforcing the loans described in subsection
    (a), the Secretary of Education shall have available any and all
    authorities available to such Secretary in servicing, collecting, or
    enforcing a loan made, insured, or guaranteed under part B of title IV
    of the Higher Education Act of 1965.
        Sec. 219.  Henceforth, no funds appropriated in an appropriations
    Act for fiscal year 2011, or in any previous or subsequent
    appropriations Act, shall be available for transfer under section 274
    of the Public Health Service Act.

                              (transfer of funds)

        Sec. 220.  In addition to any other transfer authority provided by
    this Act, the Director of the National Institutes of Health may
    transfer funds under the authority granted in section 402A(d) of the
    Public Health Service Act, if the Committees on Appropriations of the
    House of Representatives and the Senate are notified not less than 15
    days in advance of any such transfer.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2011''.

                                   TITLE III

                            DEPARTMENT OF EDUCATION

                        Education for the Disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965 (``ESEA''), section 307 of this Act and section 418A of the
    Higher Education Act of 1965, $16,387,212,000, of which $5,453,056,000
    shall become available on July 1, 2011, and shall remain available
    through September 30, 2012, and of which $10,841,176,000 shall become
    available on October 1, 2011, and shall remain available through
    September 30, 2012, for academic year 2011-2012: Provided, That
    $6,597,946,000 shall be for basic grants under section 1124 of the
    ESEA: Provided further, That up to $4,000,000 of these funds shall be
    available to the Secretary of Education on October 1, 2010, to obtain
    annually updated local educational-agency-level census poverty data
    from the Bureau of the Census: Provided further, That $1,365,031,000
    shall be for concentration grants under section 1124A of the ESEA:
    Provided further, That $3,409,712,000 shall be for targeted grants
    under section 1125 of the ESEA: Provided further, That $3,409,712,000
    shall be for education finance incentive grants under section 1125A of
    the ESEA: Provided further, That $300,000,000 shall be available to
    carry out section 307 of this Act: Provided further, That $8,167,000
    shall be to carry out sections 1501 and 1503 of the ESEA: Provided
    further, That $545,633,000 shall be available for school improvement
    grants under section 1003(g) of the ESEA, which shall be allocated by
    the Secretary through the formula described in section 1003(g)(2) and
    shall be used consistent with the requirements of section 1003(g),
    except that State and local educational agencies may use such funds,
    and funds appropriated for section 1003(g) under the American Recovery
    and Reinvestment Act of 2009 (``ARRA''), to serve any school eligible
    to receive assistance under part A of title I that has not made
    adequate yearly progress for at least 2 years or is in the State's
    lowest quintile of performance based on proficiency rates and, in the
    case of secondary schools, notwithstanding the eligibility requirements
    under section 1003(g) of the ESEA, high schools with a graduation rate
    below 60 percent and their low-performing feeder middle schools
    irrespective of the eligibility of such middle and high schools to
    receive assistance under part A of title I of the ESEA: Provided
    further, That the grants provided in accordance with the previous
    proviso shall not be subject to the requirement published by the
    Secretary in the Federal Register on October 28, 2010 (75 Fed. Reg.
    66368) that a local educational agency that has 9 or more tier I and
    tier II schools not implement the transformation model in more than 50
    percent of those schools: Provided further, That each State educational
    agency shall ensure that the greater of 40 percent of its allocation
    under section 1003(g) of the ESEA, or the amount that bears the same
    relationship to the State's allocation under such section as the sum of
    the number of students attending high schools with a graduation rate of
    less than 60 percent and the number of students attending their low-
    performing feeder middle schools bears to the total number of students
    attending schools in the State classified as tier I under the final
    requirements set forth in 75 Federal Register 66365 (October 28, 2010),
    as in effect on the date of enactment of this Act, is spent on
    improvement activities in such middle schools and high schools, unless
    the State educational agency determines that all such middle schools
    and high schools can be served with a lesser amount: Provided further,
    That notwithstanding section 1003(g)(5)(A), each State educational
    agency may establish a maximum subgrant size of not more than
    $2,000,000 for each participating school applicable to such funds:
    Provided further, That $225,000,000 shall be available under section
    1502 of the ESEA for a comprehensive literacy development and education
    program to advance literacy skills, including pre-literacy skills,
    reading, and writing, for students from birth through grade 12,
    including limited-English-proficient students and students with
    disabilities, of which one-half of 1 percent shall be reserved for the
    Secretary of the Interior for such a program at schools funded by the
    Bureau of Indian Education, one-half of 1 percent shall be reserved for
    grants to the outlying areas for such a program, up to $21,000,000 may
    be used to continue the initiative on adolescent literacy, $10,000,000
    shall be reserved for formula grants to States based on each State's
    relative share of funds under part A of title I of the ESEA for fiscal
    year 2010 except that no State shall receive less than $150,000, to
    establish or support a State Literacy Team with expertise in literacy
    development and education for children from birth through grade 12 to
    assist the State in developing a comprehensive literacy plan, up to 5
    percent may be reserved for national activities, and the remainder
    shall be used to award competitive grants to State educational agencies
    for such a program, of which a State educational agency may reserve up
    to 5 percent for State leadership activities, including technical
    assistance and training, data collection, reporting, and
    administration, and shall subgrant not less than 95 percent to local
    educational agencies or, in the case of early literacy, to local
    educational agencies or other nonprofit providers of early childhood
    education that partner with a public or private nonprofit organization
    or agency with a demonstrated record of effectiveness in improving the
    early literacy development of children from birth through kindergarten
    entry and in providing professional development in early literacy,
    giving priority to such agencies or other entities serving greater
    numbers or percentages of disadvantaged children: Provided further,
    That the State educational agency shall ensure that at least 15 percent
    of the subgranted funds are used to serve children from birth through
    age 5, 40 percent are used to serve students in kindergarten through
    grade 5, and 40 percent are used to serve students in middle and high
    school including an equitable distribution of funds between middle and
    high schools: Provided further, That eligible entities receiving
    subgrants from State educational agencies shall use such funds for
    services and activities that have the characteristics of effective
    literacy instruction through professional development, screening and
    assessment, targeted interventions for students reading below grade
    level and other research-based methods of improving classroom
    instruction and practice.

                                   Impact Aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $1,298,581,000, of which
    $1,153,000,000 shall be for basic support payments under section
    8003(b), $50,000,000 shall be for payments for children with
    disabilities under section 8003(d), $18,509,000 shall be for
    construction under section 8007(b) and shall remain available through
    September 30, 2012, $72,208,000 shall be for Federal property payments
    under section 8002, and $4,864,000, to remain available until expended,
    shall be for facilities maintenance under section 8008: Provided, That
    for purposes of computing the amount of a payment for an eligible local
    educational agency under section 8003(a) for school year 2010-2011,
    children enrolled in a school of such agency that would otherwise be
    eligible for payment under section 8003(a)(1)(B) of such Act, but due
    to the deployment of both parents or legal guardians, or a parent or
    legal guardian having sole custody of such children, or due to the
    death of a military parent or legal guardian while on active duty (so
    long as such children reside on Federal property as described in
    section 8003(a)(1)(B)), are no longer eligible under such section,
    shall be considered as eligible students under such section, provided
    such students remain in average daily attendance at a school in the
    same local educational agency they attended prior to their change in
    eligibility status: Provided further, That for the purpose of
    determining eligibility for housing claimed under section 8003(a)(4) of
    such Act, the Secretary of the applicable Federal agency shall for
    fiscal years 2007, 2008, 2009, and 2010 deem eligible all unoccupied
    housing identified to be demolished as certified by the designated
    representative of the Secretary of the applicable Federal agency,
    notwithstanding the availability of funds designated for the project
    being demolished for a period not to exceed 3 years: Provided further,
    That the Secretary of Education shall deem each local educational
    agency that received a fiscal year 2009 basic support payment for
    heavily impacted local educational agencies under section 8003(b)(2) of
    such Act as eligible to receive fiscal year 2010 and 2011 basic support
    payments for heavily impacted local educational agencies under such
    section and make a payment to such local educational agency under such
    section for fiscal years 2010 and 2011.

                          School Improvement Programs

        For carrying out school improvement activities authorized by parts
    A, B, and D of title II, part B of title IV, subpart 9 of part D of
    title V, parts A and B of title VI, and parts B and C of title VII of
    the Elementary and Secondary Education Act of 1965 (``ESEA''); the
    McKinney-Vento Homeless Assistance Act; section 203 of the Educational
    Technical Assistance Act of 2002; the Compact of Free Association
    Amendments Act of 2003; part Z of title VIII of the Higher Education
    Act (``HEA''); and the Civil Rights Act of 1964, $5,289,062,000, of
    which $5,000,000 shall become available on October 1, 2010 and remain
    available through September 30, 2011, $3,450,817,000 shall become
    available on July 1, 2011, and remain available through September 30,
    2012, and of which $1,681,441,000 shall become available on October 1,
    2011, and shall remain available through September 30, 2012, for
    academic year 2011-2012: Provided, That funds made available to carry
    out part B of title VII of the ESEA may be used for construction,
    renovation, and modernization of any elementary school, secondary
    school, or structure related to an elementary school or secondary
    school, run by the Department of Education of the State of Hawaii, that
    serves a predominantly Native Hawaiian student body: Provided further,
    That from the funds referred to in the preceding proviso, not less than
    $1,500,000 shall be for a grant to the Department of Education of the
    State of Hawaii for the activities described in such proviso and
    $1,500,000 shall be for a grant to the University of Hawaii School of
    Law for a Center of Excellence in Native Hawaiian law: Provided
    further, That from the funds referred to in the second preceding
    proviso, $500,000 shall be for part Z of title VIII of the HEA:
    Provided further, That funds made available to carry out part C of
    title VII of the ESEA may be used for construction: Provided further,
    That up to 100 percent of the funds available to a State educational
    agency under part D of title II of the ESEA may be used for subgrants
    described in section 2412(a)(2)(B) of such Act: Provided further, That
    funds made available under this heading for section 2421 of the ESEA
    may be used for activities authorized under section 802 of the Higher
    Education Opportunity Act: Provided further, That State educational
    agencies may subgrant funds available under part B of title IV of the
    ESEA for expanded-learning-time programs that significantly increase
    the number of hours in a regular school schedule and comprehensively
    redesign the school schedule: Provided further, That such expanded-
    learning-time programs shall provide additional learning time in the
    core academic and other subjects, and include enrichment activities:
    Provided further, That such after-school or expanded-learning-time
    programs shall include strong partnerships between schools and
    community partners: Provided further, That in implementing the program
    under part B of title IV of the ESEA, State educational agencies and
    the United States Department of Education shall not give priority or
    preference regarding the choice to use funds for expanded-learning-time
    or after-school programs: Provided further, That $31,570,000 shall be
    available to carry out section 203 of the Educational Technical
    Assistance Act of 2002: Provided further, That $26,928,000 shall be
    available to carry out part D of title V of the ESEA: Provided further,
    That no funds appropriated under this heading may be used to carry out
    section 5494 under the ESEA: Provided further, That $17,687,000 shall
    be available to carry out the Supplemental Education Grants program for
    the Federated States of Micronesia and the Republic of the Marshall
    Islands: Provided further, That up to 5 percent of these amounts may be
    reserved by the Federated States of Micronesia and the Republic of the
    Marshall Islands to administer the Supplemental Education Grants
    programs and to obtain technical assistance, oversight and consultancy
    services in the administration of these grants and to reimburse the
    United States Departments of Labor, Health and Human Services, and
    Education for such services: Provided further, That up to $11,500,000
    of the funds available for the Foreign Language Assistance Program
    shall be available for 5-year grants to local educational agencies that
    would work in partnership with one or more institutions of higher
    education to establish or expand articulated programs of study in
    languages critical to United States national security that will enable
    successful students to advance from elementary school through college
    to achieve a superior level of proficiency in those languages: Provided
    further, That of the funds available for section 2103(a) of the ESEA,
    $5,000,000 shall be available to continue a national school leadership
    partnership initiative and up to $5,000,000 may be used to carry out a
    national teacher recruitment campaign.

                                Indian Education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title VII, part A of the Elementary and Secondary Education
    Act of 1965, $130,282,000.

                           Innovation and Improvement

        For carrying out activities authorized by part G of title I,
    subpart 5 of part A and parts C and D of title II, parts B, C, and D of
    title V, and section 1504 of the Elementary and Secondary Education Act
    of 1965 (``ESEA''), sections 14006 and 14007 of division A of the
    American Recovery and Reinvestment Act of 2009, and by parts A and F of
    title VIII of the Higher Education Act of 1965 (``HEA''),
    $1,974,013,000, of which $550,000,000 shall become available on July 1,
    2011 and shall remain available through September 30, 2012: Provided,
    That the Secretary of Education may use not more than $550,000,000 for
    section 14006 of division A of the American Recovery and Reinvestment
    Act of 2009 to make awards to States in accordance with the applicable
    requirements of that section: Provided further, That the Secretary may
    use $224,000,000 for section 14007 of division A of the American
    Recovery and Reinvestment Act of 2009 to make awards in accordance with
    applicable requirements of that section: Provided further, That
    $10,649,000 shall be provided to the National Board for Professional
    Teaching Standards to carry out section 2151(c) of the ESEA: Provided
    further, That from funds for subpart 4, part C of title II of the ESEA,
    up to 3 percent shall be available to the Secretary for technical
    assistance and dissemination of information: Provided further, That
    $505,759,000 shall be available to carry out part D of title V of the
    ESEA and $9,000,000 shall be available to carry out part A of title
    VIII of the HEA: Provided further, That $65,372,000 shall be used for
    the projects, and in the amounts, as specified in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act): Provided further, That $300,000,000 of the
    funds for subpart 1 of part D of title V of the ESEA shall be for
    competitive grants to local educational agencies, including charter
    schools that are local educational agencies, or States, or partnerships
    of: (1) a local educational agency, a State, or both; and (2) at least
    one non-profit organization to develop and implement performance-based
    compensation systems for teachers, principals, and other personnel in
    high-need schools: Provided further, That such performance-based
    compensation systems must consider gains in student academic
    achievement as well as classroom evaluations conducted multiple times
    during each school year among other factors and provide educators with
    incentives to take on additional responsibilities and leadership roles:
    Provided further, That recipients of such grants may use such funds to
    develop or improve systems and tools (which may be developed and used
    for the entire local educational agency or only for schools served
    under the grant) that would enhance the quality and success of the
    compensation system, such as high-quality teacher evaluations and tools
    to measure growth in student achievement: Provided further, That
    applications for such grants shall include a plan to sustain
    financially the activities conducted and systems developed under the
    grant once the grant period has expired: Provided further, That up to 5
    percent of such funds for competitive grants shall be available for
    technical assistance, training, peer review of applications, program
    outreach and evaluation activities: Provided further, That recipients
    of such grants shall demonstrate that such performance-based systems
    are developed collaboratively with teachers and school leaders and
    their representative organizations in the schools and local educational
    agencies to be served by the grant and that at least 60 percent of
    teachers in the local educational agency who would be affected by the
    performance-based compensation system vote affirmatively for the system
    before it may be implemented by the local educational agency, and in
    the case of a local educational agency in which there is no exclusive
    majority teacher representative, the recipient of such grant shall
    certify that at least 60 percent of the teachers in the local
    educational agency who would be affected by the system have voted
    affirmatively to adopt the system: Provided further, That recipients of
    such grants must demonstrate how opportunities for professional
    development and collaboration among teachers directly support the
    system and allow teachers, other instructional staff, and principals to
    acquire and demonstrate the research-based skills necessary to improve
    their practice and student achievement: Provided further, That of the
    funds available for part B of title V of the ESEA, the Secretary shall
    not use less than $23,031,000 to carry out activities under section
    5205(b) and under subpart 2: Provided further, That of the funds
    available for subpart 1 of part B of title V of the ESEA, and
    notwithstanding section 5205(a), the Secretary may reserve up to
    $50,000,000 to make multiple awards to non-profit charter management
    organizations and other entities that are not for-profit entities for
    the replication and expansion of successful charter school models:
    Provided further, That the Secretary shall reserve $15,000,000 to carry
    out the activities described in section 5205(a), of which $5,000,000
    shall be reserved to support activities to strengthen charter school
    authorizing by providing technical assistance and grants to authorized
    public chartering agencies in order to increase the number of high-
    performing charter schools and to improve quality and oversight of such
    schools through these agencies' use of nationally-accepted standards
    for quality charter school authorizing: Provided further, That the
    funds referenced in the preceding proviso shall not be obligated prior
    to submission of a report to the Committees on Appropriations of the
    House of Representatives and the Senate detailing the planned uses of
    such funds: Provided further, That new awards under section 5202 of the
    ESEA shall only be provided to a State that has in place a system for
    ensuring the quality of its authorized public chartering agencies that
    (1) makes student academic achievement for all groups of students
    described in section 1111(b)(2)(C)(v) of ESEA a primary factor in
    charter renewal decisions; (2) requires each public chartering agency
    to annually report to the State, and make publicly available, (a) an
    independently audited financial statement for each charter school
    authorized by the agency, (b) the academic performance of each charter
    school, disaggregated and reported in accordance with section
    1111(h)(1)(C)(i) of ESEA and (c) the legally binding performance
    contract with each of its charter schools that describes the rights,
    duties, and remedies available to the school and the public chartering
    agency, and the date on which the charter is up for renewal; and (3)
    provides for intervention, revocation, or closure of the public
    chartering agencies and charter schools that fail to meet the standards
    and procedures established in such State system: Provided further, That
    each application submitted pursuant to section 5203(a) shall describe a
    plan to monitor and hold accountable authorized public chartering
    agencies through such activities as providing technical assistance or
    establishing a professional development program, which may include
    planning, training and systems development for staff of authorized
    public chartering agencies to improve the capacity of such agencies in
    the State to authorize, monitor, and hold accountable charter schools.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by subpart 3 of part C of
    title II, part A of title IV, and subparts 1, 2, and 10 of part D of
    title V of the Elementary and Secondary Education Act of 1965
    (``ESEA''), $458,553,000, of which $60,000,000 for Promise
    Neighborhoods shall become available on October 1, 2010 and remain
    available through September 30, 2012: Provided, That $217,053,000 shall
    be available for subpart 2 of part A of title IV: Provided further,
    That $195,000,000 shall be available to carry out part D of title V:
    Provided further, That $46,500,000 shall be available to carry out
    subpart 3 of part C of title II of the ESEA, of which $13,383,000 shall
    be used to carry out section 2345 of the ESEA; $19,617,000 shall be
    used to carry out section 2344 (including $2,957,000 for the Center for
    Civic Education to implement a comprehensive, joint program to improve
    public knowledge, understanding, and support of the Congress and the
    State legislatures); $2,000,000 shall be awarded to the Center on
    Congress at Indiana University to support a joint initiative with
    iCivics; and the remainder of the funds available to carry out subpart
    3 of part C of title II of the ESEA shall be available to the Secretary
    of Education for competitive grants to nonprofit organizations that
    have demonstrated effectiveness in the development and implementation
    of civic learning programs, with priority for those programs that
    demonstrate innovation, scalability, accountability, and a focus on
    underserved populations.

                          English Language Acquisition

        For carrying out part A of title III of the Elementary and
    Secondary Education Act of 1965, $775,000,000, which shall become
    available on July 1, 2011, and shall remain available through September
    30, 2012, except that 6.5 percent of such amount shall be available on
    October 1, 2010, and shall remain available through September 30, 2012,
    to carry out activities under section 3111(c)(1)(C): Provided, That the
    Secretary of Education may use estimates of the American Community
    Survey child counts for the most recent 3-year period available to
    calculate allocations under such part.

                               Special Education

        For carrying out the Individuals with Disabilities Education Act
    (``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
    $12,889,940,000, of which $4,016,354,000 shall become available on July
    1, 2011, and shall remain available through September 30, 2012, and of
    which $8,592,383,000 shall become available on October 1, 2011, and
    shall remain available through September 30, 2012, for academic year
    2011-2012: Provided, That $13,250,000 shall be for Recording for the
    Blind and Dyslexic, Inc., to support the development, production, and
    circulation of accessible educational materials: Provided further, That
    $737,000 shall be for the recipient of funds provided by Public Law
    105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to
    the enactment of the Individuals with Disabilities Education
    Improvement Act of 2004) to provide information on diagnosis,
    intervention, and teaching strategies for children with disabilities:
    Provided further, That the amount for section 611(b)(2) of the IDEA
    shall be equal to the lesser of the amount available for that activity
    during fiscal year 2010, increased by the amount of inflation as
    specified in section 619(d)(2)(B) of the IDEA, or the percent change in
    the funds appropriated under section 611(i) of the IDEA, but not less
    than the amount for that activity during fiscal year 2010: Provided
    further, That funds made available for the Special Olympics Sport and
    Empowerment Act of 2004 may be used to support expenses associated with
    the Special Olympics National and World games: Provided further, That
    $10,000,000 shall be for Best Buddies International, Inc. to increase
    the participation of people with intellectual disabilities in social
    relationships and other aspects of community life, including education
    and employment, within the United States.

                Rehabilitation Services and Disability Research

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
    the Helen Keller National Center Act, $3,535,639,000: Provided, That
    $2,100,000 shall be used for the projects, and in the amounts,
    specified under the heading ``Rehabilitation Services and Disability
    Research'' in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act): Provided
    further, That, of the amounts provided under this heading, $27,000,000
    shall remain available through September 30, 2012, and shall be
    available under title II of the Rehabilitation Act to the Secretary of
    Education in cooperation with the Secretary of Labor and, as
    appropriate, other heads of departments and agencies, to identify and
    validate innovative strategies or replicate effective evidence-based
    strategies, including strategies that align and strengthen the
    workforce investment system in order to improve program delivery and
    employment and education outcomes for individuals with disabilities.

               Special Institutions for Persons With Disabilities

                     american printing house for the blind

        For carrying out the Act of March 3, 1879, $24,600,000.

                   national technical institute for the deaf

        For the National Technical Institute for the Deaf under titles I
    and II of the Education of the Deaf Act of 1986, $65,677,000, of which
    $240,000 shall be for construction and shall remain available until
    expended: Provided, That from the total amount available, the Institute
    may at its discretion use funds for the endowment program as authorized
    under section 207 of such Act.

                              gallaudet university

        For the Kendall Demonstration Elementary School, the Model
    Secondary School for the Deaf, and the partial support of Gallaudet
    University under titles I and II of the Education of the Deaf Act of
    1986, $123,000,000, of which $5,000,000 shall be for construction and
    shall remain available until expended: Provided, That from the total
    amount available, the University may at its discretion use funds for
    the endowment program as authorized under section 207 of such Act.

                     Career, Technical, and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006, the Adult Education
    and Family Literacy Act (``AEFLA''), and title VIII-D of the Higher
    Education Amendments of 1998, $1,922,541,000, of which $1,131,541,000
    shall become available on July 1, 2011, and shall remain available
    through September 30, 2012, and of which $791,000,000 shall become
    available on October 1, 2011, and shall remain available through
    September 30, 2012: Provided, That of the amount provided for Adult
    Education State Grants, $75,000,000 shall be made available for
    integrated English literacy and civics education services to immigrants
    and other limited English proficient populations: Provided further,
    That of the amount reserved for integrated English literacy and civics
    education, notwithstanding section 211 of the AEFLA, 65 percent shall
    be allocated to States based on a State's absolute need as determined
    by calculating each State's share of a 10-year average of the United
    States Citizenship and Immigration Services data for immigrants
    admitted for legal permanent residence for the 10 most recent years,
    and 35 percent allocated to States that experienced growth as measured
    by the average of the 3 most recent years for which United States
    Citizenship and Immigration Services data for immigrants admitted for
    legal permanent residence are available, except that no State shall be
    allocated an amount less than $60,000: Provided further, That of the
    amounts made available for AEFLA, $36,346,000 shall be for national
    leadership activities under section 243 and, of that amount,
    $25,000,000 shall be available to the Secretary of Education in
    cooperation with the Secretary of Labor and, as appropriate, other
    heads of departments and agencies, to identify and validate innovative
    strategies or replicate effective evidence-based strategies, including
    strategies that align and strengthen the workforce investment system,
    in order to improve program delivery and education and employment
    outcomes for program beneficiaries.

                          Student Financial Assistance

                        (including rescission of funds)

        For carrying out subparts 1 and 3 of part A, and part C of title IV
    of the Higher Education Act of 1965, $24,899,957,000, which shall
    remain available through September 30, 2012.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2011-2012 shall be $4,860.
        Of the funds made available under section 401A(e)(1)(E) of the
    Higher Education Act of 1965, $617,000,000 are rescinded.

                           Student Aid Administration

        For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, 4, 9, and 10 of part A, and parts B, C, D, and E of
    title IV of the Higher Education Act of 1965 (``HEA''), $1,011,491,000,
    which shall remain available through September 30, 2012: Provided, That
    of this amount, not more than $341,866,000 shall be available for loan
    servicing contracts as defined by section 456 of the HEA, unless the
    Secretary determines that an additional amount is necessary for this
    purpose (within the funds available under this heading) and notifies
    the Committees on Appropriations of the House of Representatives and
    the Senate of that determination.

                                Higher Education

        For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965
    (``HEA''), section 1543 of the Higher Education Amendments of 1992, the
    Mutual Educational and Cultural Exchange Act of 1961 and section 117 of
    the Carl D. Perkins Career and Technical Education Act of 2006,
    $2,269,557,000: Provided, That $9,687,000, to remain available through
    September 30, 2012, shall be available to fund fellowships for academic
    year 2012-2013 under subpart 1 of part A of title VII of the HEA, under
    the terms and conditions of such subpart 1: Provided further, That
    $609,000 shall be for data collection and evaluation activities for
    programs under the HEA, including such activities needed to comply with
    the Government Performance and Results Act of 1993: Provided further,
    That notwithstanding any other provision of law, funds made available
    in this Act to carry out title VI of the HEA and section 102(b)(6) of
    the Mutual Educational and Cultural Exchange Act of 1961 may be used to
    support visits and study in foreign countries by individuals who are
    participating in advanced foreign language training and international
    studies in areas that are vital to United States national security and
    who plan to apply their language skills and knowledge of these
    countries in the fields of government, the professions, or
    international development: Provided further, That of the funds referred
    to in the preceding proviso up to 1 percent may be used for program
    evaluation, national outreach, and information dissemination
    activities: Provided further, That, of the funds appropriated under
    this heading, not less than $2,000,000 shall be made available for the
    Department of Education to expand study abroad, pursuant to section
    604(b) of the HEA and that the Secretary of Education may waive
    limitations of grants to awardees under 604(c)(2) of that Act: Provided
    further, That, of the funds referred to in the preceding proviso,
    notwithstanding section 635 of the HEA, the Secretary may use up to 10
    percent of available funds for program administration including
    national outreach and evaluation: Provided further, That
    notwithstanding any other provision of law, a recipient of a multi-year
    award under section 316 of the HEA, as that section was in effect prior
    to the date of enactment of the Higher Education Opportunity Act
    (``HEOA''), that would have otherwise received a continuation award for
    fiscal year 2011 under that section, shall receive under section 316,
    as amended by the HEOA, not less than the amount that such recipient
    would have received under such a continuation award: Provided further,
    That the portion of the funds received under section 316 by a recipient
    described in the preceding proviso that is equal to the amount of such
    continuation award shall be used in accordance with the terms of such
    continuation award: Provided further, That $70,746,000 shall be used
    for the projects, and in the amounts, specified in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act): Provided further, That $1,750,000 shall be used
    for the programs specified under the ``Fund for the Improvement of Post
    Secondary Education'' in the explanatory statement described in section
    4 (in the matter preceding division A of this consolidated Act):
    Provided further, That notwithstanding section 721(c) of the HEA, funds
    to carry out the Thurgood Marshall Legal Education Opportunity Program
    under section 721 shall be awarded competitively, and any recipient
    shall be authorized to award subcontracts and subgrants under section
    721(f).

                               Howard University

        For partial support of Howard University, $234,977,000, of which
    not less than $3,600,000 shall be for a matching endowment grant
    pursuant to the Howard University Endowment Act and shall remain
    available until expended.

             College Housing and Academic Facilities Loans Program

        For Federal administrative expenses to carry out activities related
    to existing facility loans pursuant to section 121 of the Higher
    Education Act of 1965, $461,000.

      Historically Black College and University Capital Financing Program
                                    Account

        For the cost of guaranteed loans, $20,228,000, as authorized
    pursuant to part D of title III of the Higher Education Act of 1965
    (``HEA''): Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $279,393,000: Provided further, That these funds may be
    used to support loans to public and private historically Black colleges
    and universities without regard to the limitations within paragraphs
    (1) and (2) of section 344(a) of the HEA.
        In addition, for administrative expenses to carry out the
    Historically Black College and University Capital Financing Program
    entered into pursuant to part D of title III of the HEA, $354,000.

                        Institute of Education Sciences

        For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, the National Assessment of Educational Progress
    Authorization Act, section 208 of the Educational Technical Assistance
    Act of 2002, and section 664 of the Individuals with Disabilities
    Education Act, $692,206,000, to remain available through September 30,
    2012: Provided, That funds available to carry out section 208 of the
    Educational Technical Assistance Act may be used for Statewide data
    systems that include postsecondary and workforce information and
    information on children of all ages: Provided further, That up to
    $10,000,000 of the funds available to carry out section 208 of the
    Educational Technical Assistance Act may be used for State data
    coordinators and for awards to public or private organizations or
    agencies to improve data coordination, quality, and use: Provided
    further, That notwithstanding section 174(d) and (e) of the Education
    Sciences Reform Act of 2002, $69,650,000 may be used to continue the
    contracts for the Regional Educational Laboratories for one additional
    year: Provided further, That $2,200,000 of the amount made available
    under this heading shall be provided to the National Academy of
    Sciences not later than 30 days after enactment of this Act for a study
    on teacher evaluation methods and their uses in systems of educational
    accountability, as described in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                            Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of
    conference rooms in the District of Columbia and hire of three
    passenger motor vehicles, $479,875,100, of which $19,275,000, to remain
    available until expended, shall be for relocation of, and renovation of
    buildings occupied by, Department staff: Provided, That of the funds
    made available under this heading, $2,696,100 shall be available only
    to increase the Department's acquisition workforce capacity and
    capabilities, and may be transferred by the Secretary of Education for
    that purpose to any other account within the Department (in addition to
    any other transfer authority provided in this Act): Provided further,
    That funds available under the previous proviso shall be used only to
    supplement and not to supplant existing acquisition workforce
    activities and may be used for training, recruitment, retention, and
    hiring additional members of the acquisition workforce (as defined in
    the Office of Federal Procurement Policy Act), for information
    technology in support of acquisition workforce effectiveness, or for
    activities to improve acquisition management.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $105,700,000.

                        office of the inspector general

        For expenses necessary for the Office of the Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $65,238,000.

                               General Provisions

        Sec. 301.  No funds appropriated in this Act may be used for the
    transportation of students or teachers (or for the purchase of
    equipment for such transportation) in order to overcome racial
    imbalance in any school or school system, or for the transportation of
    students or teachers (or for the purchase of equipment for such
    transportation) in order to carry out a plan of racial desegregation of
    any school or school system.
        Sec. 302.  None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home,
    except for a student requiring special education, to the school
    offering such special education, in order to comply with title VI of
    the Civil Rights Act of 1964. For the purpose of this section an
    indirect requirement of transportation of students includes the
    transportation of students to carry out a plan involving the
    reorganization of the grade structure of schools, the pairing of
    schools, or the clustering of schools, or any combination of grade
    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.
        Sec. 303.  No funds appropriated in this Act may be used to prevent
    the implementation of programs of voluntary prayer and meditation in
    the public schools.

                              (transfer of funds)

        Sec. 304.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this
    Act may be transferred between appropriations, but no such
    appropriation shall be increased by more than 3 percent by any such
    transfer: Provided, That the transfer authority granted by this section
    shall be available only to meet emergency needs and shall not be used
    to create any new program or to fund any project or activity for which
    no funds are provided in this Act: Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer under
    this section, with such notification to include an explanation of the
    effects of the proposed transfer by program, project, and activity.
        Sec. 305.  The Outlying Areas may consolidate funds received under
    this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
    Elementary and Secondary Education Act.
        Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free
    Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
    be applied by substituting ``2011'' for ``2010''.
        Sec. 307. (a) In General.--The Secretary of Education shall
    establish an Early Learning Challenge Fund to award competitive grants
    to States that propose to provide an integrated system of high-quality
    early learning programs and services and to develop, implement or
    advance a statewide quality rating and improvement system for early
    learning programs. The Secretary of Education shall be responsible for
    obligating and disbursing funds and ensuring compliance with applicable
    laws and administrative requirements with regard to this program, and
    shall administer it jointly with the Secretary of Health and Human
    Services on such terms as such secretaries shall set forth in an
    interagency agreement.
        (b) State Applications.--In order to be considered for a grant
    under this section, a State's application shall include a plan that
    includes the following--
                (1) A description of the quantifiable goals and benchmarks
            that the State will establish to demonstrate that receiving a
            grant under this section will lead to a greater number and
            percentage of low-income and disadvantaged children in each age
            group of infants, toddlers, and preschoolers enrolled in high-
            quality early learning programs, and an increase in the number
            of high-quality early learning programs in low-income
            communities.
                (2) A description of how the State will implement a
            governance structure and an integrated system of high-quality
            early learning programs and services that includes the
            following components--
                        (A) State early learning standards and program
                    quality standards;
                        (B) A tiered program quality rating and improvement
                    system;
                        (C) A comprehensive plan that promotes nutrition
                    and wellness for children in early learning programs;
                        (D) A comprehensive plan for supporting
                    professional preparation and the ongoing professional
                    development of an effective, well-compensated early
                    learning workforce; and
                        (E) Strategies to ensure the active engagement of
                    parents and families in the learning and development of
                    their children including their understanding of the
                    State's quality rating and improvement system.
                (3) An assurance that the State will continue to
            participate in section 619 of part B and part C of the
            Individuals with Disabilities Education Act for the duration of
            the grant.
                (4) An assurance that grant funds received will be used
            only to supplement, and not supplant, Federal, State, and local
            funds otherwise available to support early learning programs
            and services.
                (5) An assurance that for each fiscal year for which a
            State receives funds under this section the expenditures by the
            State on early learning programs for such fiscal year shall not
            be less than the level of expenditures for such programs for
            fiscal year 2011.
        (c) Criteria Used in Awarding Grants.--In awarding grants to States
    under this section, the Secretary shall evaluate applications and award
    grants under such section on a competitive basis based on--
                (1) The quality of the application submitted;
                (2) Evidence of significant progress in establishing and
            committing to maintain a high-quality system of early learning
            for children that integrates the components described in
            section (b)(2); and
                (3) The State's capacity to fully implement such system.
        (d) State Uses of Funds.--A State receiving a grant under this
    section shall use the grant (and may make subgrants) to develop and
    enhance the components of the high-quality early learning system
    described in subsection (b)(2) to improve the quality of early learning
    programs and services serving disadvantaged children.
        (e) Reservations of Federal Funds.--The Secretary shall reserve not
    more than 2 percent to administer this section jointly with the
    Secretary of Health and Human Services for expenses of both agencies.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated, $300,000,000 to carry out this section in fiscal year
    2011.
        Sec. 308. (a) Section 206 of the Department of Education
    Organization Act (20 U.S.C. 3416) is amended--
                (1) by striking out the heading and inserting ``Office of
            Career, Technical, and Adult Education'';
                (2) by striking out ``Office of Vocational and Adult
            Education'' and inserting ``Office of Career, Technical, and
            Adult Education'';
                (3) by striking out ``Assistant Secretary for Vocational
            and Adult Education'' and inserting ``Assistant Secretary for
            Career, Technical, and Adult Education''; and
                (4) by striking out ``vocational and adult education'' each
            place it appears and inserting ``career, technical, and adult
            education''.
        (b) Section 202 of the Department of Education Organization Act (20
    U.S.C. 3412) is amended--
                (1) in subsection (b)(1)(C), by striking out ``Assistant
            Secretary for Vocational and Adult Education'' and inserting
            ``Assistant Secretary for Career, Technical, and Adult
            Education''; and
                (2) in subsection (h), by striking out ``Assistant
            Secretary for Vocational and Adult Education'' each place it
            appears and inserting ``Assistant Secretary for Career,
            Technical, and Adult Education''.
        (c) Section 1 of the Department of Education Organization Act (20
    U.S.C. 3401 note) is amended by striking out the entry for section 206
    and inserting ``Sec. 206. Office of Career, Technical, and Adult
    Education.''.
        (d) Section 114(b)(1) of the Carl D. Perkins Career and Technical
    Education Act of 2006 (20 U.S.C. 2324(b)(1)) is amended by striking out
    ``Office of Vocational and Adult Education'' and inserting ``Office of
    Career, Technical, and Adult Education''.
        Sec. 309.  Section 8002(i)(1) of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 7702(i)(1)) is amended--
                (1) by striking ``(not to exceed the amount equal to the
            difference between (A) the amount appropriated to carry out
            this section for fiscal year 1997 and (B) the amount
            appropriated to carry out this section for fiscal year 1996)'';
            and
                (2) by striking ``50 percent'' and inserting ``25
            percent''.
        Sec. 310. (a) A ``highly qualified teacher'' includes a teacher who
    meets the requirements in 34 C.F.R. 200.56(a)(2)(ii), as published in
    the Federal Register on December 2, 2002.
        (b) This provision is effective on the date of enactment of this
    Act through the end of the 2012-2013 academic year.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2011''.

                                    TITLE IV

                                RELATED AGENCIES

     Committee for Purchase From People Who Are Blind or Severely Disabled

                             salaries and expenses

        For expenses necessary for the Committee for Purchase From People
    Who Are Blind or Severely Disabled established by Public Law 92-28,
    $5,771,000.

                 Corporation for National and Community Service

                               operating expenses

        For necessary expenses for the Corporation for National and
    Community Service (``the Corporation'') to carry out the Domestic
    Volunteer Service Act of 1973 (``1973 Act'') and the National and
    Community Service Act of 1990 (``1990 Act''), $941,983,000, of which
    $331,100,000 shall be to carry out the 1973 Act and $610,883,000 shall
    be to carry out the 1990 Act and notwithstanding sections 198B(b)(3),
    198S(g), and 501(a)(4)(C) of the 1990 Act: Provided, That of the
    amounts provided under this heading: (1) up to 1 percent of program
    grant funds may be used to defray the costs of conducting grant
    application reviews, including the use of outside peer reviewers and
    electronic management of the grants cycle; (2) $5,000,000 shall be
    available for expenses authorized under 501(a)(4)(F)(ii) of the 1990
    Act, which, notwithstanding any other provision of law, shall be
    awarded by the Corporation on a competitive basis to State Commissions;
    (3) $7,500,000 shall be available for expenses to carry out sections
    112(e), 179A, and 198O and subtitle J of title I of the 1990 Act,
    notwithstanding section 501(a)(6) of the 1990 Act; (4) $6,000,000 shall
    be available for grants to public or private nonprofit institutions to
    increase the participation of individuals with disabilities in national
    service and for demonstration activities in furtherance of this
    purpose, notwithstanding section 129(k)(1) of the 1990 Act; (5)
    $18,000,000 shall be available to provide assistance to State
    commissions on national and community service under section 126(a) of
    the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act;
    and (6) $60,000,000 shall be available for expenses authorized under
    section 501(a)(4)(E) of the 1990 Act.

                             national service trust

                         (including transfer of funds)

        For necessary expenses for the National Service Trust established
    under subtitle D of title I of the National and Community Service Act
    of 1990 (``1990 Act''), $254,856,000, to remain available until
    expended: Provided, That the Corporation for National and Community
    Service may transfer additional funds from the amount provided within
    ``Operating Expenses'' allocated to grants under subtitle C of title I
    of the 1990 Act to the National Service Trust upon determination that
    such transfer is necessary to support the activities of national
    service participants and after notice is transmitted to the Committees
    on Appropriations of the House of Representatives and the Senate:
    Provided further, That amounts appropriated for or transferred to the
    National Service Trust may be invested under section 145(b) of the 1990
    Act without regard to the requirement to apportion funds under 31
    U.S.C. 1513(b).

                             salaries and expenses

        For necessary expenses of administration as provided under section
    501(a)(5) of the National and Community Service Act of 1990 and under
    section 504(a) of the Domestic Volunteer Service Act of 1973, including
    payment of salaries, authorized travel, hire of passenger motor
    vehicles, the rental of conference rooms in the District of Columbia,
    the employment of experts and consultants authorized under 5 U.S.C.
    3109, and not to exceed $2,500 for official reception and
    representation expenses, $100,522,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $9,000,000.

                           administrative provisions

        Sec. 401.  The Corporation for National and Community Service
    (``the Corporation'') shall make any significant changes to program
    requirements, service delivery or policy only through public notice and
    comment rulemaking. For fiscal year 2011, during any grant selection
    process, an officer or employee of the Corporation shall not knowingly
    disclose any covered grant selection information regarding such
    selection, directly or indirectly, to any person other than an officer
    or employee of the Corporation that is authorized by the Corporation to
    receive such information.
        Sec. 402.  AmeriCorps programs receiving grants under the National
    Service Trust program shall meet an overall minimum share requirement
    of 24 percent for the first 3 years that they receive AmeriCorps
    funding, and thereafter shall meet the overall minimum share
    requirement as provided in section 2521.60 of title 45, Code of Federal
    Regulations, without regard to the operating costs match requirement in
    section 121(e) or the member support Federal share limitations in
    section 140 of the National and Community Service Act of 1990, and
    subject to partial waiver consistent with section 2521.70 of title 45,
    Code of Federal Regulations.
        Sec. 403.  Donations made to the Corporation for National and
    Community Service under section 196 of the National and Community
    Service Act of 1990 (``1990 Act'') for the purposes of financing
    programs and operations under titles I and II of the 1973 Act or
    subtitle B, C, D, or E of title I of the 1990 Act shall be used to
    supplement and not supplant current programs and operations.
        Sec. 404.  Notwithstanding the provisions of section 501(a)(1)(D)
    of the National and Community Service Act of 1990 (``the 1990 Act''),
    the Corporation for National and Community Service shall fund summer of
    service program grants authorized under section 119(c)(8) of the 1990
    Act from funds made available to provide financial assistance under
    501(a)(1)(F)(iii) of the 1990 Act.
        Sec. 405.  In addition to the requirements in section 146(a) of the
    National and Community Service Act of 1990 (``the 1990 Act''), use of
    an educational award for the purpose described in section 148(a)(4)
    shall be limited to individuals who are veterans as defined under
    section 101 of the 1990 Act.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting
    (``Corporation''), as authorized by the Communications Act of 1934, an
    amount which shall be available within limitations specified by that
    Act, for the fiscal year 2013, $460,000,000: Provided, That none of the
    funds made available to the Corporation by this Act shall be used to
    pay for receptions, parties, or similar forms of entertainment for
    Government officials or employees: Provided further, That none of the
    funds made available to the Corporation by this Act shall be available
    or used to aid or support any program or activity from which any person
    is excluded, or is denied benefits, or is discriminated against, on the
    basis of race, color, national origin, religion, or sex: Provided
    further, That none of the funds made available to the Corporation by
    this Act shall be used to apply any political test or qualification in
    selecting, appointing, promoting, or taking any other personnel action
    with respect to officers, agents, and employees of the Corporation:
    Provided further, That none of the funds made available to the
    Corporation by this Act shall be used to support the Television Future
    Fund or any similar purpose: Provided further, That for fiscal year
    2011, in addition to the amounts provided above, $36,000,000 shall be
    provided for costs related to digital program production, development,
    and distribution, associated with the transition of public broadcasting
    to digital broadcasting, to be awarded as determined by the Corporation
    in consultation with public radio and television licensees or
    permittees, or their designated representatives.

                   Federal Mediation and Conciliation Service

                             salaries and expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service (``Service'') to carry out the functions vested in it by the
    Labor Management Relations Act, 1947, including hire of passenger motor
    vehicles; for expenses necessary for the Labor-Management Cooperation
    Act of 1978; and for expenses necessary for the Service to carry out
    the functions vested in it by the Civil Service Reform Act,
    $48,025,000, including $750,000 to remain available through September
    30, 2012, for activities authorized by the Labor-Management Cooperation
    Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302, fees
    charged, up to full-cost recovery, for special training activities and
    other conflict resolution services and technical assistance, including
    those provided to foreign governments and international organizations,
    and for arbitration services shall be credited to and merged with this
    account, and shall remain available until expended: Provided further,
    That fees for arbitration services shall be available only for
    education, training, and professional development of the agency
    workforce: Provided further, That the Director of the Service is
    authorized to accept and use on behalf of the United States gifts of
    services and real, personal, or other property in the aid of any
    projects or functions within the Director's jurisdiction.

                Federal Mine Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Federal Mine Safety and Health
    Review Commission, $14,705,000.

                    Institute of Museum and Library Services

        office of museum and library services: grants and administration

        For carrying out the Museum and Library Services Act of 1996 and
    the National Museum of African American History and Culture Act,
    $270,619,000, of which $4,750,000 shall be used for the projects, and
    in the amounts, as specified in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                      Medicare Payment Advisory Commission

                             salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $13,100,000, to be transferred to this appropriation from
    the Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund.

                         National Council on Disability

                             salaries and expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, $3,337,000.

                   National Health Care Workforce Commission

                             salaries and expenses

        For expenses necessary for the National Health Care Workforce
    Commission as authorized by section 5101 of the Patient Protection and
    Affordable Care Act, as amended, $3,000,000.

                         National Labor Relations Board

                             salaries and expenses

        For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, and other laws, $287,100,000: Provided, That no part of this
    appropriation shall be available to organize or assist in organizing
    agricultural laborers or used in connection with investigations,
    hearings, directives, or orders concerning bargaining units composed of
    agricultural laborers as referred to in section 2(3) of the Act of July
    5, 1935, and as amended by the Labor-Management Relations Act, 1947,
    and as defined in section 3(f) of the Act of June 25, 1938, and
    including in said definition employees engaged in the maintenance and
    operation of ditches, canals, reservoirs, and waterways when maintained
    or operated on a mutual, nonprofit basis and at least 95 percent of the
    water stored or supplied thereby is used for farming purposes.

                            National Mediation Board

                             salaries and expenses

        For expenses necessary to carry out the provisions of the Railway
    Labor Act, including emergency boards appointed by the President,
    $14,972,000.

                Occupational Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission, $12,051,000.

                           Railroad Retirement Board

                         dual benefits payments account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $57,000,000,
    which shall include amounts becoming available in fiscal year 2011
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds the amount
    available for payment of vested dual benefits: Provided, That the total
    amount provided herein shall be credited in 12 approximately equal
    amounts on the first day of each month in the fiscal year.

              federal payments to the railroad retirement accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2012, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

                          limitation on administration

        For necessary expenses for the Railroad Retirement Board
    (``Board'') for administration of the Railroad Retirement Act and the
    Railroad Unemployment Insurance Act, $110,573,000, to be derived in
    such amounts as determined by the Board from the railroad retirement
    accounts and from moneys credited to the railroad unemployment
    insurance administration fund.

                 limitation on the office of inspector general

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, not more than $8,936,000, to be derived
    from the railroad retirement accounts and railroad unemployment
    insurance account.

                         Social Security Administration

                    payments to social security trust funds

        For payment to the Federal Old-Age and Survivors Insurance Trust
    Fund and the Federal Disability Insurance Trust Fund, as provided under
    sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security
    Act, $21,404,000.

                      supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $40,482,124,000, to remain available until expended: Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury: Provided further, That of the funds available for the
    Research and Demonstration program, not more than $6,300,000 shall be
    used for the Special Initiative activity only to support the Financial
    Literacy Education Commission program.
        For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2012, $13,400,000,000, to
    remain available until expended.

                     limitation on administrative expenses

                  (including transfer and rescission of funds)

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $20,000 for official reception and
    representation expenses, not more than $11,629,863,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $2,300,000 shall be for the Social Security Advisory Board:
    Provided further, That funds made available in this paragraph and
    remaining unobligated at the end of fiscal year 2011 may be, not later
    than the end of the fifth fiscal year after the last fiscal year for
    which such funds are available for the purposes for which appropriated,
    placed in an ``Information Technology and Telecommunications Investment
    Fund'' (``ITTI Fund'') to be established within this account where they
    shall remain available until expended for investments in Social
    Security Administration information technology and telecommunications
    hardware and software infrastructure, including related equipment and
    non-payroll administrative expenses: Provided further, That unobligated
    balances of appropriations made to this account in prior fiscal years
    that remain available for the purposes specified in the preceding
    proviso may also be placed in the ITTI Fund not later than the end of
    the fifth fiscal year after the last fiscal year for which such funds
    are available for the purposes for which appropriated: Provided
    further, That the Commissioner of the Social Security Administration
    shall provide information to the Committees on Appropriations of the
    House of Representatives and the Senate each year, at the same time the
    President's budget is submitted to Congress, regarding actual or
    estimated amounts placed in, and obligated and expended from, the ITTI
    Fund during the preceding, current, and succeeding fiscal years,
    including the nature and purposes of all such obligations and
    expenditures, and regarding the balances remaining (or expected to
    remain) in the ITTI Fund as of the close of each such fiscal year:
    Provided further, That reimbursement to the trust funds under this
    heading for expenditures for official time for employees of the Social
    Security Administration pursuant to 5 U.S.C. 7131, and for facilities
    or support services for labor organizations pursuant to policies,
    regulations, or procedures referred to in section 7135(b) of such title
    shall be made by the Secretary of the Treasury, with interest, from
    amounts in the general fund not otherwise appropriated, as soon as
    possible after such expenditures are made: Provided further, That of
    the funds made available under this heading, $1,863,000 shall be
    available only to increase the Social Security Administration's
    acquisition workforce capacity and capabilities, and may be transferred
    by the Commissioner for that purpose to any other account in the Social
    Security Administration (in addition to any other transfer authority
    provided in this Act): Provided further, That funds available under the
    previous proviso shall be used only to supplement and not to supplant
    existing acquisition workforce activities and may be used for training,
    recruitment, retention, and hiring additional members of the
    acquisition workforce (as defined by the Office of Federal Procurement
    Policy Act), for information technology in support of acquisition
    workforce effectiveness, or for activities to improve acquisition
    management.
        From funds provided under the first paragraph, not less than
    $283,000,000 shall be available for the cost associated with conducting
    continuing disability reviews under titles II and XVI of the Social
    Security Act and for the cost associated with conducting
    redeterminations of eligibility under title XVI of the Social Security
    Act.
        In addition to the amounts made available above, and subject to the
    same terms and conditions, $513,000,000, for additional continuing
    disability reviews and redeterminations of eligibility, of which up to
    $10,000,000 shall be available to complete implementation of asset
    verification initiatives: Provided, That the Commissioner shall provide
    to the Congress (at the conclusion of the fiscal year) a report on the
    obligation and expenditure of these additional amounts, similar to the
    reports that were required by section 103(d)(2) of Public Law 104-121
    for fiscal years 1996 through 2002.
        In addition, $186,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2011
    exceed $186,000,000, the amounts shall be available in fiscal year 2012
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $500,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.
        Upon enactment of this Act, $455,700,000 of the remaining
    unobligated balances, including expired and non-expired amounts, of
    funds appropriated for ``Social Security Administration--Limitation on
    Administrative Expenses'' for fiscal years 2010 and prior years (other
    than funds appropriated in Public Law 111-5) shall be made part of and
    merged with the ITTI Fund, and of such funds $455,700,000 are
    rescinded.

                          office of inspector general

                         (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $30,000,000, together with not to exceed $76,122,000, to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
    Federal Disability Insurance Trust Fund.
        In addition, an amount not to exceed 3 percent of the total
    provided in this appropriation may be transferred from the ``Limitation
    on Administrative Expenses'', Social Security Administration, to be
    merged with this account, to be available for the time and purposes for
    which this account is available: Provided, That notice of such
    transfers shall be transmitted promptly to the Committees on
    Appropriations of the House of Representatives and the Senate.

                                    TITLE V

                               GENERAL PROVISIONS

                              (transfer of funds)

        Sec. 501.  The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.
        Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for
    the preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be
    used to pay the salary or expenses of any grant or contract recipient,
    or agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504.  The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is
    authorized to make available for official reception and representation
    expenses not to exceed $5,000 from the funds available for ``Federal
    Mediation and Conciliation Service, Salaries and Expenses''; and the
    Chairman of the National Mediation Board is authorized to make
    available for official reception and representation expenses not to
    exceed $5,000 from funds available for ``National Mediation Board,
    Salaries and Expenses''.
        Sec. 505.  None of the funds contained in this Act may be used to
    distribute any needle or syringe for the purpose of preventing the
    spread of blood borne pathogens in any location that has been
    determined by the local public health or local law enforcement
    authorities to be inappropriate for such distribution.
        Sec. 506.  When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;
                (2) the dollar amount of Federal funds for the project or
            program; and
                (3) percentage and dollar amount of the total costs of the
            project or program that will be financed by non-governmental
            sources.
        Sec. 507. (a) None of the funds appropriated in this Act, and none
    of the funds in any trust fund to which funds are appropriated in this
    Act, shall be expended for any abortion.
        (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage
    of abortion.
        (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
        Sec. 508. (a) The limitations established in the preceding section
    shall not apply to an abortion--
                (1) if the pregnancy is the result of an act of rape or
            incest; or
                (2) in the case where a woman suffers from a physical
            disorder, physical injury, or physical illness, including a
            life-endangering physical condition caused by or arising from
            the pregnancy itself, that would, as certified by a physician,
            place the woman in danger of death unless an abortion is
            performed.
        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) None of the funds made available in this Act may be
    used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses in
            utero under 45 CFR 46.204(b) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).
        (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
        Sec. 510. (a) None of the funds made available in this Act may be
    used for any activity that promotes the legalization of any drug or
    other substance included in schedule I of the schedules of controlled
    substances established under section 202 of the Controlled Substances
    Act except for normal and recognized executive-congressional
    communications.
        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical
    trials are being conducted to determine therapeutic advantage.
        Sec. 511.  None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act providing for, or providing for the assignment of,
    a unique health identifier for an individual (except in an individual's
    capacity as an employer or a health care provider), until legislation
    is enacted specifically approving the standard.
        Sec. 512.  None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
                (1) such entity is otherwise a contractor with the United
            States and is subject to the requirement in 38 U.S.C. 4212(d)
            regarding submission of an annual report to the Secretary of
            Labor concerning employment of certain veterans; and
                (2) such entity has not submitted a report as required by
            that section for the most recent year for which such
            requirement was applicable to such entity.
        Sec. 513.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 514.  None of the funds made available by this Act to carry
    out the Library Services and Technology Act may be made available to
    any library covered by paragraph (1) of section 224(f) of such Act, as
    amended by the Children's Internet Protection Act, unless such library
    has made the certifications required by paragraph (4) of such section.
        Sec. 515.  None of the funds made available by this Act to carry
    out part D of title II of the Elementary and Secondary Education Act of
    1965 may be made available to any elementary or secondary school
    covered by paragraph (1) of section 2441(a) of such Act, as amended by
    the Children's Internet Protection Act and the No Child Left Behind
    Act, unless the local educational agency with responsibility for such
    covered school has made the certifications required by paragraph (2) of
    such section.
        Sec. 516. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2011, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds that--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes or renames offices;
                (6) reorganizes programs or activities; or
                (7) contracts out or privatizes any functions or activities
            presently performed by Federal employees;
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2011, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a
    reprogramming of funds in excess of $500,000 or 10 percent, whichever
    is less, that--
                (1) augments existing programs, projects (including
            construction projects), or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        Sec. 517. (a) None of the funds made available in this Act may be
    used to request that a candidate for appointment to a Federal
    scientific advisory committee disclose the political affiliation or
    voting history of the candidate or the position that the candidate
    holds with respect to political issues not directly related to and
    necessary for the work of the committee involved.
        (b) None of the funds made available in this Act may be used to
    disseminate scientific information that is deliberately false or
    misleading.
        Sec. 518.  Within 45 days of enactment of this Act, each department
    and related agency funded through this Act shall submit an operating
    plan that details at the program, project, and activity level any
    funding allocations for fiscal year 2011 that are different than those
    specified in this Act, the accompanying detailed table in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) or the fiscal year 2011 budget
    request.
        Sec. 519.  The Secretaries of Labor, Health and Human Services, and
    Education shall each prepare and submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    on the number and amount of contracts, grants, and cooperative
    agreements exceeding $500,000 in value and awarded by the Department on
    a non-competitive basis during each quarter of fiscal year 2011, but
    not to include grants awarded on a formula basis or directed by law.
    Such report shall include the name of the contractor or grantee, the
    amount of funding, the governmental purpose, including a justification
    for issuing the award on a non-competitive basis. Such report shall be
    transmitted to the Committees within 30 days after the end of the
    quarter for which the report is submitted.
        Sec. 520.  None of the funds made available in this Act may be used
    for first-class travel by the employees of agencies funded by this Act
    in contravention of sections 301-10.124 of title 41, Code of Federal
    Regulations.
        Sec. 521.  None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process any claim for credit for a
    quarter of coverage based on work performed under a social security
    account number that is not the claimant's number and the performance of
    such work under such number has formed the basis for a conviction of
    the claimant of a violation of section 208(a)(6) or (7) of the Social
    Security Act.
        Sec. 522.  None of the funds appropriated by this Act may be used
    by the Commissioner of Social Security or the Social Security
    Administration to pay the compensation of employees of the Social
    Security Administration to administer Social Security benefit payments,
    under any agreement between the United States and Mexico establishing
    totalization arrangements between the social security system
    established by title II of the Social Security Act and the social
    security system of Mexico, which would not otherwise be payable but for
    such agreement.
        Sec. 523.  None of the funds appropriated or otherwise made
    available by this Act may be used to enter into a contract in an amount
    greater than $5,000,000 or to award a grant in excess of such amount
    unless the prospective contractor or grantee certifies in writing to
    the agency awarding the contract or grant that, to the best of its
    knowledge and belief, the contractor or grantee has filed all Federal
    tax returns required during the 3 years preceding the certification,
    has not been convicted of a criminal offense under the Internal Revenue
    Code of 1986, and has not, more than 90 days prior to certification,
    been notified of any unpaid Federal tax assessment for which the
    liability remains unsatisfied, unless the assessment is the subject of
    an installment agreement or offer in compromise that has been approved
    by the Internal Revenue Service and is not in default, or the
    assessment is the subject of a non-frivolous administrative or judicial
    proceeding.
        Sec. 524.  The policy regarding public access to research results
    established for the National Institutes of Health by section 217 of
    division F of Public Law 111-8 shall apply to all Departments funded in
    this Act having more than $100,000,000 in annual expenditures for
    extramural research. Except with respect to the National Institutes of
    Health, the Secretaries of the Departments affected may designate other
    suitable online depositories to be used in lieu of the National Library
    of Medicine's PubMed Central.
        Sec. 525.  Section 6402(f)(3)(C) of the Internal Revenue Code of
    1986, as amended by section 801(a)(3)(C) of the Claims Resolution Act
    of 2010, is further amended by striking ``not''.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2011''.

            DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011

                                    TITLE I

                               LEGISLATIVE BRANCH

                                     SENATE

                               Expense Allowances

        For expense allowances of the Vice President, $20,000; the
    President Pro Tempore of the Senate, $40,000; Majority Leader of the
    Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
    of the Senate, $10,000; Minority Whip of the Senate, $10,000; Chairmen
    of the Majority and Minority Conference Committees, $5,000 for each
    Chairman; and Chairmen of the Majority and Minority Policy Committees,
    $5,000 for each Chairman; in all, $180,000.

        Representation Allowances for the Majority and Minority Leaders

        For representation allowances of the Majority and Minority Leaders
    of the Senate, $15,000 for each such Leader; in all, $30,000.

                        Salaries, Officers and Employees

        For compensation of officers, employees, and others as authorized
    by law, including agency contributions, $185,982,000, which shall be
    paid from this appropriation without regard to the following
    limitations:

                          office of the vice president

        For the Office of the Vice President, $2,517,000.

                      office of the president pro tempore

        For the Office of the President Pro Tempore, $752,000.

                  offices of the majority and minority leaders

        For Offices of the Majority and Minority Leaders, $5,212,000.

                   offices of the majority and minority whips

        For Offices of the Majority and Minority Whips, $3,288,000.

                          committee on appropriations

        For salaries of the Committee on Appropriations, $15,844,000.

                             conference committees

        For the Conference of the Majority and the Conference of the
    Minority, at rates of compensation to be fixed by the Chairman of each
    such committee, $1,726,000 for each such committee; in all, $3,452,000.

     offices of the secretaries of the conference of the majority and the
                           conference of the minority

        For Offices of the Secretaries of the Conference of the Majority
    and the Conference of the Minority, $850,000.

                               policy committees

        For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,763,000 for each such committee; in all,
    $3,526,000.

                             office of the chaplain

        For Office of the Chaplain, $415,000.

                            office of the secretary

        For Office of the Secretary, $25,790,000.

                 office of the sergeant at arms and doorkeeper

        For Office of the Sergeant at Arms and Doorkeeper, $77,000,000.

            offices of the secretaries for the majority and minority

        For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,836,000.

                   agency contributions and related expenses

        For agency contributions for employee benefits, as authorized by
    law, and related expenses, $45,500,000.

                Office of the Legislative Counsel of the Senate

        For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $7,154,000.

                         Office of Senate Legal Counsel

        For salaries and expenses of the Office of Senate Legal Counsel,
    $1,544,000.

    Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
    Doorkeeper of the Senate, and Secretaries for the Majority and Minority
                                 of the Senate

        For expense allowances of the Secretary of the Senate, $7,500;
    Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for
    the Majority of the Senate, $7,500; Secretary for the Minority of the
    Senate, $7,500; in all, $30,000.

                       Contingent Expenses of the Senate

                          inquiries and investigations

        For expenses of inquiries and investigations ordered by the Senate,
    or conducted under paragraph 1 of rule XXVI of the Standing Rules of
    the Senate, section 112 of the Supplemental Appropriations and
    Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
    96th Congress, agreed to March 11, 1980, $140,500,000.

    expenses of the united states senate caucus on international narcotics
                                    control

        For expenses of the United States Senate Caucus on International
    Narcotics Control, $520,000.

                            secretary of the senate

        For expenses of the Office of the Secretary of the Senate
    $6,200,000 of which $4,200,000 shall remain available until September
    30, 2015.

                 sergeant at arms and doorkeeper of the senate

        For expenses of the Office of the Sergeant at Arms and Doorkeeper
    of the Senate, $142,401,000, which shall remain available until
    September 30, 2015.

                              miscellaneous items

        For miscellaneous items, $19,145,000.

            senators' official personnel and office expense account

        For Senators' Official Personnel and Office Expense Account,
    $422,000,000.

                              official mail costs

        For expenses necessary for official mail costs of the Senate,
    $300,000.

                            administrative provision

                    acquisition of goods, services, or space

        Sec. 1.  Section 8 of the Legislative Branch Appropriations Act,
    1990 (31 U.S.C. 1535 note) is amended by striking paragraph (3) and
    inserting the following:
                ``(3) Agreement under paragraph (1) shall be in accordance
            with regulations prescribed by the Committee on Rules and
            Administration of the Senate.''.

                            HOUSE OF REPRESENTATIVES

                             Salaries and Expenses

        For salaries and expenses of the House of Representatives,
    $1,371,172,000, as follows:

                            House Leadership Offices

        For salaries and expenses, as authorized by law, $26,157,000,
    including: Office of the Speaker, $5,143,000, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,560,000, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $4,622,000, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $2,222,000,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip,
    $1,713,000, including $5,000 for official expenses of the Minority
    Whip; Speaker's Office for Legislative Floor Activities, $518,000;
    Republican Steering Committee, $984,000; Republican Conference,
    $1,771,000; Republican Policy Committee, $360,000; Democratic Steering
    and Policy Committee, $1,371,000; Democratic Caucus, $1,744,000; nine
    minority employees, $1,553,000; training and program development--
    majority, $290,000; training and program development--minority,
    $290,000; Cloakroom Personnel--majority, $508,000; and Cloakroom
    Personnel--minority, $508,000.

      Members' Representational Allowances Including Members' Clerk Hire,
                Official Expenses of Memebers, and Official Mail

        For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $652,000,000.

                              Committee Employees

                    Standing Committees, Special and Select

        For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $147,878,000: Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2012.

                          Committee on Appropriations

        For salaries and expenses of the Committee on Appropriations,
    $31,300,000, including studies and examinations of executive agencies
    and temporary personal services for such committee, to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed: Provided, That such amount shall remain available for such
    salaries and expenses until December 31, 2012.

                        Salaries, Officers and Employees

        For compensation and expenses of officers and employees, as
    authorized by law, $193,011,000, including: for salaries and expenses
    of the Office of the Clerk, including not more than $33,000, of which
    not more than $30,000 is for the Family Room, for official
    representation and reception expenses, $29,265,000; for salaries and
    expenses of the Office of the Sergeant at Arms, including the position
    of Superintendent of Garages, and including not more than $3,000 for
    official representation and reception expenses, $16,538,000 of which
    $7,044,000 shall remain available until expended; for salaries and
    expenses of the Office of the Chief Administrative Officer, including
    not more than $3,000 for official representation and reception
    expenses, $123,209,000, of which $3,937,000 shall remain available
    until expended and $20,000,000 shall not be available for obligation
    until the Committee on Appropriations of the House of Representatives
    and the Committee on House Administration receive the House Services
    Action Plan from the Chief Administrative Officer; for salaries and
    expenses of the Office of the Inspector General, $5,207,000; salaries
    and expenses of the Office of General Counsel, $1,437,000; for the
    Office of the Chaplain, $176,000; for salaries and expenses of the
    Office of the Parliamentarian, including the Parliamentarian, $2,000
    for preparing the Digest of Rules, and not more than $1,000 for
    official representation and reception expenses, $2,092,000; for
    salaries and expenses of the Office of the Law Revision Counsel of the
    House, $3,361,000; for salaries and expenses of the Office of the
    Legislative Counsel of the House, $8,890,000; for salaries and expenses
    of the Office of Interparliamentary Affairs, $878,000; for other
    authorized employees, $1,355,000; and for salaries and expenses of the
    Office of the Historian, including the cost of the House Fellows
    Program (including lodging and related expenses for visiting Program
    participants), $603,000.

                            Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $320,826,000, including: supplies, materials, administrative costs
    and Federal tort claims, $4,323,000; official mail for committees,
    leadership offices, and administrative offices of the House, $201,000;
    Government contributions for health, retirement, Social Security, and
    other applicable employee benefits, $286,316,000, including employee
    tuition assistance benefit payments, $3,500,000, if authorized, and
    employee child care benefit payments, $1,000,000, if authorized;
    Business Continuity and Disaster Recovery, $22,031,000; transition
    activities for new members and staff, $2,664,000; Wounded Warrior
    Program, $2,500,000, to remain available until expended; Office of
    Congressional Ethics, $2,020,000; and miscellaneous items including
    purchase, exchange, maintenance, repair and operation of House motor
    vehicles, interparliamentary receptions, and gratuities to heirs of
    deceased employees of the House, $771,000.

                               Child Care Center

        For salaries and expenses of the House of Representatives Child
    Care Center, such amounts as are deposited in the account established
    by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992
    (2 U.S.C. 2062), subject to the level specified in the budget of the
    Center, as submitted to the Committee on Appropriations of the House of
    Representatives.

                           Administrative Provisions

        Sec. 101. (a) Requiring Amounts Remaining in Members'
    Representational Allowances to Be Used for Deficit Reduction or to
    Reduce the Federal Debt.--Notwithstanding any other provision of law,
    any amounts appropriated under this Act for ``HOUSE OF
    REPRESENTATIVES--Salaries and Expenses--Members' Representational
    Allowances'' shall be available only for fiscal year 2011. Any amount
    remaining after all payments are made under such allowances for fiscal
    year 2011 shall be deposited in the Treasury and used for deficit
    reduction (or, if there is no Federal budget deficit after all such
    payments have been made, for reducing the Federal debt, in such manner
    as the Secretary of the Treasury considers appropriate).
        (b) Regulations.--The Committee on House Administration of the
    House of Representatives shall have authority to prescribe regulations
    to carry out this section.
        (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.

      transfer of house emergency planning, preparedness, and operations
                         functions to sergeant at arms

        Sec. 102. (a) Termination of OEPPO.--Section 905 of the Emergency
    Supplemental Act, 2002 (2 U.S.C. 130i) is repealed.
        (b) Transfer to Sergeant At Arms.--The functions and
    responsibilities of the Office of Emergency Planning, Preparedness, and
    Operations under section 905 of the Emergency Supplemental Act, 2002 (2
    U.S.C. 130i) (as in effect on the day before the date referred to in
    subsection (c)) shall be transferred and assigned to the Sergeant At
    Arms of the House of Representatives.
        (c) Effective Date.--This section and the amendment made by this
    section shall take effect February 1, 2010.

                                  JOINT ITEMS

        For Joint Items, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,814,000, to be disbursed by the Secretary of the Senate.

                          Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $11,327,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.

                       Office of the Attending Physician

        For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including: (1) an allowance of $2,175 per month to the Attending
    Physician; (2) an allowance of $1,300 per month to the Senior Medical
    Officer; (3) an allowance of $725 per month each to three medical
    officers while on duty in the Office of the Attending Physician; (4) an
    allowance of $725 per month to two assistants and $580 per month each
    not to exceed 11 assistants on the basis heretofore provided for such
    assistants; and (5) $2,426,000 for reimbursement to the Department of
    the Navy for expenses incurred for staff and equipment assigned to the
    Office of the Attending Physician, which shall be advanced and credited
    to the applicable appropriation or appropriations from which such
    salaries, allowances, and other expenses are payable and shall be
    available for all the purposes thereof, $3,407,000, to be disbursed by
    the Chief Administrative Officer of the House of Representatives.

                 Office of Congressional Accessibility Services

                             salaries and expenses

        For salaries and expenses of the Office of Congressional
    Accessibility Services, $1,377,000, to be disbursed by the Secretary of
    the Senate.

                              technical correction

        Sec. 1001. (a) In General.--Section 102(a) of the Legislative
    Branch Appropriations Act, 2002 (2 U.S.C. 60c-5(a)) is amended--
                (1) in paragraph (1), by inserting ``, except as provided
            under subsection (b)(3)'' after ``means an individual''; and
                (2) by striking paragraphs (2) and (3) and inserting the
            following:
                ``(2) Employee of the senate.--The term `employee of the
            Senate'--
                        ``(A) has the meaning given the term under section
                    101 of the Congressional Accountability Act of 1995 (2
                    U.S.C. 1301); and
                        ``(B) includes any employee of the Office of
                    Congressional Accessibility Services whose pay is
                    disbursed by the Secretary of the Senate.
                ``(3) Employing office.--The term `employing office'--
                        ``(A) means the employing office, as defined under
                    section 101 of the Congressional Accountability Act of
                    1995 (2 U.S.C. 1301), of an employee of the Senate; and
                        ``(B) includes the Office of Congressional
                    Accessibility Services with respect to employees of
                    that office whose pay is disbursed by the Secretary of
                    the Senate.''.
        (b) Exclusion From Participation in Dual Programs.--Section 102(b)
    of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-5(b))
    is amended by adding at the end the following:
                ``(3) Exclusion from participation in dual programs.--
            Notwithstanding section 5379 of title 5, United States Code, an
            employee of the Office of Congressional Accessibility Services
            may not participate in the student loan repayment program
            through an agreement under that section and participate in the
            student loan repayment program through a service agreement
            under this section at the same time.''.
        (c) Effective Date and Application.--The amendments made by this
    section shall take effect on the date of enactment of this Act and
    apply to service agreements entered into under section 102 of the
    Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-5) or section
    5379 of title 5, United States Code, on or after that date.

                                 CAPITOL POLICE

                                    Salaries

        For salaries of employees of the Capitol Police, including
    overtime, hazardous duty pay, and Government contributions for health,
    retirement, social security, professional liability insurance, and
    other applicable employee benefits, $279,224,000, of which $1,945,000
    shall remain available until September 30, 2014, to be disbursed by the
    Chief of the Capitol Police or his designee.

                                General Expenses

        For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation
    of instructor and liaison personnel for the Federal Law Enforcement
    Training Center, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $57,985,000, to be
    disbursed by the Chief of the Capitol Police or his designee: Provided,
    That, notwithstanding any other provision of law, the cost of basic
    training for the Capitol Police at the Federal Law Enforcement Training
    Center for fiscal year 2011 shall be paid by the Secretary of Homeland
    Security from funds available to the Department of Homeland Security.

                           Administrative Provisions

                               transfer authority

        Sec. 1101.  Amounts appropriated for fiscal year 2011 for the
    Capitol Police may be transferred between the headings ``Salaries'' and
    ``General Expenses'' upon the approval of the Committees on
    Appropriations of the House of Representatives and the Senate.

           use of funds for the truck interdiction monitoring program

        Sec. 1102. (a) Notwithstanding section 1018(d) of the Legislative
    Branch Appropriations Act, 2003 (2 U.S.C. 1907(d)), the use of any
    funds appropriated to the United States Capitol Police during fiscal
    year 2003 for transfer relating to the Truck Interdiction Monitoring
    Program to the working capital fund established under section 328 of
    title 49, United States Code is ratified.
        (b) Nothing in subsection (a) may be construed to waive sections
    1341, 1342, 1349, 1350, or 1351 of title 31, United States Code, or
    subchapter II of chapter 15 of such title (commonly known as the
    ``Anti-Deficiency Act'').

                              OFFICE OF COMPLIANCE

                             Salaries and Expenses

        For salaries and expenses of the Office of Compliance, as
    authorized by section 305 of the Congressional Accountability Act of
    1995 (2 U.S.C. 1385), $4,377,000, of which $884,000 shall remain
    available until September 30, 2012: Provided, That not more than $500
    may be expended on the certification of the Executive Director of the
    Office of Compliance in connection with official representation and
    reception expenses.

                          CONGRESSIONAL BUDGET OFFICE

                             Salaries and Expenses

        For salaries and expenses necessary for operation of the
    Congressional Budget Office, including not more than $6,000 to be
    expended on the certification of the Director of the Congressional
    Budget Office in connection with official representation and reception
    expenses, $46,905,000.

                            ARCHITECT OF THE CAPITOL

                             General Administration

        For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for surveys and studies in
    connection with activities under the care of the Architect of the
    Capitol; for all necessary expenses for the general and administrative
    support of the operations under the Architect of the Capitol including
    the Botanic Garden; electrical substations of the Capitol, Senate and
    House office buildings, and other facilities under the jurisdiction of
    the Architect of the Capitol; including furnishings and office
    equipment; including not more than $5,000 for official reception and
    representation expenses, to be expended as the Architect of the Capitol
    may approve; for purchase or exchange, maintenance, and operation of a
    passenger motor vehicle, and for lease payments on behalf of the United
    States Capitol Historical Society, $109,294,000, of which $7,499,000
    shall remain available until September 30, 2015.

                                Capitol Building

        For all necessary expenses for the maintenance, care and operation
    of the Capitol, $52,916,000, of which $25,526,000 shall remain
    available until September 30, 2015.

                                Capitol Grounds

        For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $9,988,000.

                            Senate Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of Senate office buildings; and furniture and furnishings to be
    expended under the control and supervision of the Architect of the
    Capitol, $81,112,000, of which $19,474,000 shall remain available until
    September 30, 2015.

                             House Office Buildings

        For necessary expenses for the maintenance, care and operation of
    the House office buildings, $75,619,000, of which $25,323,000 shall
    remain available until September 30, 2015. In addition, for a payment
    to the House Historic Buildings Revitalization Trust Fund, $40,000,000,
    to remain available until expended.

                              Capitol Power Plant

        For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Printing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $109,069,000, of which $15,100,000 shall remain
    available until September 30, 2015: Provided, That not more than
    $8,000,000 of the funds credited or to be reimbursed to this
    appropriation as herein provided shall be available for obligation
    during fiscal year 2011.

                         Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $40,796,000, of which $13,857,000 shall remain available until
    September 30, 2015.

                 Capitol Police Buildings, Grounds and Security

        For all necessary expenses for the maintenance, care and operation
    of buildings, grounds and security enhancements of the United States
    Capitol Police, wherever located, the Alternate Computer Facility, and
    AOC security operations, $26,266,000, of which $6,436,000 shall remain
    available until September 30, 2015.

                                 Botanic Garden

        For all necessary expenses for the maintenance, care and operation
    of the Botanic Garden and the nurseries, buildings, grounds, and
    collections; and purchase and exchange, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $13,834,000, of which $1,505,000 shall
    remain available until September 30, 2015: Provided, That of the amount
    made available under this heading, the Architect of the Capitol may
    obligate and expend such sums as may be necessary for the maintenance,
    care and operation of the National Garden established under section
    307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C.
    2146), upon vouchers approved by the Architect of the Capitol or a duly
    authorized designee.

                             Capitol Visitor Center

        For all necessary expenses for the operation of the Capitol Visitor
    Center, $22,771,000.

                              LIBRARY OF CONGRESS

                             Salaries and Expenses

        For necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and
    maintenance of the American Folklife Center in the Library; activities
    under the Civil Rights History Project Act of 2009; preparation and
    distribution of catalog records and other publications of the Library;
    hire or purchase of one passenger motor vehicle; and expenses of the
    Library of Congress Trust Fund Board not properly chargeable to the
    income of any trust fund held by the Board, $443,345,000, of which not
    more than $6,000,000 shall be derived from collections credited to this
    appropriation during fiscal year 2011, and shall remain available until
    expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
    U.S.C. 150) and not more than $350,000 shall be derived from
    collections during fiscal year 2011 and shall remain available until
    expended for the development and maintenance of an international legal
    information database and activities related thereto: Provided, That the
    Library of Congress may not obligate or expend any funds derived from
    collections under the Act of June 28, 1902, in excess of the amount
    authorized for obligation or expenditure in appropriations Acts:
    Provided further, That the total amount available for obligation shall
    be reduced by the amount by which collections are less than $6,350,000:
     Provided further, That of the total amount appropriated, not more than
    $12,000 may be expended, on the certification of the Librarian of
    Congress, in connection with official representation and reception
    expenses for the Overseas Field Offices:  Provided further, That of the
    total amount appropriated, $7,315,000 shall remain available until
    expended for the digital collections and educational curricula program.

                                Copyright Office

                             salaries and expenses

        For necessary expenses of the Copyright Office, $55,994,000, of
    which not more than $28,751,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2011 under section 708(d) of title 17, United States Code:
    Provided, That the Copyright Office may not obligate or expend any
    funds derived from collections under such section, in excess of the
    amount authorized for obligation or expenditure in appropriations Acts:
    Provided further, That not more than $5,639,000 shall be derived from
    collections during fiscal year 2011 under sections 111(d)(2),
    119(b)(2), 803(e), 1005, and 1316 of such title: Provided further, That
    the total amount available for obligation shall be reduced by the
    amount by which collections are less than $34,390,000: Provided
    further, That not more than $100,000 of the amount appropriated is
    available for the maintenance of an ``International Copyright
    Institute'' in the Copyright Office of the Library of Congress for the
    purpose of training nationals of developing countries in intellectual
    property laws and policies: Provided further, That not more than $4,250
    may be expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for
    activities of the International Copyright Institute and for copyright
    delegations, visitors, and seminars: Provided further, That
    notwithstanding any provision of chapter 8 of title 17, United States
    Code, any amounts made available under this heading which are
    attributable to royalty fees and payments received by the Copyright
    Office pursuant to sections 111, 119, and chapter 10 of such title may
    be used for the costs incurred in the administration of the Copyright
    Royalty Judges program, with the exception of the costs of salaries and
    benefits for the Copyright Royalty Judges and staff under section
    802(e).

                         Congressional Research Service

                             salaries and expenses

        For necessary expenses to carry out the provisions of section 203
    of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
    revise and extend the Annotated Constitution of the United States of
    America, $114,341,000: Provided, That no part of such amount may be
    used to pay any salary or expense in connection with any publication,
    or preparation of material therefor (except the Digest of Public
    General Bills), to be issued by the Library of Congress unless such
    publication has obtained prior approval of either the Committee on
    House Administration of the House of Representatives or the Committee
    on Rules and Administration of the Senate.

                 Books for the Blind and Physically Handicapped

                             salaries and expenses

        For salaries and expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $70,500,000, of which
    $30,599,000 shall remain available until expended: Provided, That of
    the total amount appropriated, $650,000 shall be available to contract
    to provide newspapers to blind and physically handicapped residents at
    no cost to the individual.

                           Administrative Provisions

                   reimbursable and revolving fund activities

        Sec. 1301. (a) In General.--For fiscal year 2011, the obligational
    authority of the Library of Congress for the activities described in
    subsection (b) may not exceed $148,064,000.
        (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.
        (c) Transfer of Funds.--During fiscal year 2011, the Librarian of
    Congress may temporarily transfer funds appropriated in this Act, under
    the heading ``Library of Congress'', under the subheading ``Salaries
    and Expenses'', to the revolving fund for the FEDLINK Program and the
    Federal Research Program established under section 103 of the Library
    of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-
    481; 2 U.S.C. 182c): Provided, That the total amount of such transfers
    may not exceed $1,900,000:  Provided further, That the appropriate
    revolving fund account shall reimburse the Library for any amounts
    transferred to it before the period of availability of the Library
    appropriation expires.

                               transfer authority

        Sec. 1302. (a) In General.--Amounts appropriated for fiscal year
    2011 for the Library of Congress may be transferred during fiscal year
    2011 between any of the headings under the heading ``Library of
    Congress'' upon the approval of the Committees on Appropriations of the
    Senate and the House of Representatives.
        (b) Limitation.--Not more than 10 percent of the total amount of
    funds appropriated to the account under any heading under the heading
    ``Library of Congress'' for fiscal year 2011 may be transferred from
    that account by all transfers made under subsection (a).

               funds available for workers compensation payments

        Sec. 1303. (a) In General.--Unobligated balances of expired Library
    of Congress appropriations for fiscal year 2011 and each fiscal year
    thereafter shall be available to the Library of Congress to make the
    deposit to the credit of the Employees' Compensation Fund required by
    subsection 8147(b) of title 5, United States Code.
        (b) Effective Date.--This section shall apply with respect to
    appropriations for fiscal year 2011 and each fiscal year thereafter.

           proceeds from disposition of surplus or obsolete property

        Sec. 1304. (a) In General.--Within the limits of available
    appropriations, the Librarian of Congress may dispose of surplus or
    obsolete personal property of the Library of Congress by inter-agency
    transfer, donation, sale, trade-in, or discarding. Amounts received for
    the sale or trade-in of personal property shall be credited to funds
    available for the operations of the Library of Congress and be
    available for the costs of acquiring similar property. Such funds shall
    be available for such purposes during the fiscal year received and the
    following fiscal year.
        (b) Effective Date.--This section shall apply with respect to
    fiscal year 2011 and each fiscal year thereafter.

                       nonappropriated funds initiatives

        Sec. 1305. (a) Revolving Funds.--The Library of Congress Fiscal
    Operations Improvement Act of 2000 (2 U.S.C. 182a et seq.; Public Law
    106-481) is amended--
                (1) in section 101 (2 U.S.C. 182a)--
                        (A) in the section heading, by striking
                    ``duplication'';
                        (B) in subsection (a)--
                                (i) by striking ``duplication and delivery
                            services provided by'' and inserting ``the
                            following programs and activities of'';
                                (ii) by striking the period and inserting a
                            colon; and
                                (iii) by adding at the end the following:
                ``(1) Duplication and delivery services.
                ``(2) Storage of audiovisual materials.''; and
                (2) in section 102(a) (2 U.S.C. 182b(a)), by adding at the
            end the following:
                ``(5) Traveling exhibitions.
                ``(6) Training.''.
        (b) Gifts.--Section 4 of the Act entitled ``An Act to create a
    Library of Congress Trust Fund Board, and for other purposes'',
    approved March 3, 1925 (2 U.S.C. 160), is amended--
                (1) in the first undesignated paragraph--
                        (A) in the first sentence--
                                (i) by striking ``Nothing'' and inserting
                            ``(a) In General.--Nothing'';
                                (ii) by striking ``gifts or bequests of
                            money for immediate disbursement'' and
                            inserting ``and''; and
                                (iii) by inserting ``, gifts or bequests of
                            personal property, nonpersonal services,
                            voluntary and uncompensated personal services,
                            or money for immediate disbursement'' before
                            the period;
                        (B) in the second sentence, by inserting ``of
                    money'' after ``bequests'';
                        (C) in the third sentence, by striking ``enter
                    them'' and inserting ``enter the gift, bequest, or
                    proceeds''; and
                        (D) by inserting ``In the case of a gift of
                    securities, the librarian shall sell the securities and
                    provide the donor with a receipt from the proceeds of
                    the sale.'' after the second sentence; and
                (2) by adding at the end the following:
        ``(b) Reporting, Disclosure, and Notification Requirements.--
                ``(1) Reporting and disclosure.--
                        ``(A) Issuance.--Each year the Librarian of
                    Congress shall issue a public report that discloses--
                                ``(i) each gift or bequest accepted under
                            subsection (a), including each gift or bequest
                            of personal property, nonpersonal services,
                            voluntary and uncompensated personal services,
                            or money for immediate disbursement; and
                                ``(ii) details of any financial transaction
                            required under subsection (a) relating to each
                            of those gifts or bequests.
                        ``(B) Publication.--Each public report issued under
                    subparagraph (A) shall be published in the Annual
                    Report of the Librarian of Congress and the annual
                    Financial Statements of the Library of Congress, with
                    specific pagination of each gift or bequest listed in
                    the table of contents or index.
                        ``(C) Website public access.--The Annual Report of
                    the Librarian of Congress and the annual Financial
                    Statements of the Library of Congress, including the
                    public report issued under subparagraph (A), shall be
                    posted on the website of the Library of Congress for
                    public access.
                ``(2) Notification.--Not later than 5 business days before
            acceptance or rejection of any gift or bequest under subsection
            (a), the Librarian of Congress shall notify the Chairman and
            the Vice-Chairman of the Joint Committee on the Library of--
                        ``(A) the determination of the Librarian of
                    Congress to accept or reject that gift or bequest; and
                        ``(B) if the gift or bequest is accepted, the
                    details of all financial transactions relating to that
                    gift or bequest.''.
        (c) Effective Date.--The amendments made by this section shall
    apply with respect to fiscal year 2011, and each fiscal year
    thereafter.

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

        For authorized printing and binding for the Congress and the
    distribution of Congressional information in any format; printing and
    binding for the Architect of the Capitol; expenses necessary for
    preparing the semimonthly and session index to the Congressional
    Record, as authorized by law (section 902 of title 44, United States
    Code); printing and binding of Government publications authorized by
    law to be distributed to Members of Congress; and printing, binding,
    and distribution of Government publications authorized by law to be
    distributed without charge to the recipient, $96,652,000: Provided,
    That this appropriation shall not be available for paper copies of the
    permanent edition of the Congressional Record for individual
    Representatives, Resident Commissioners or Delegates authorized under
    section 906 of title 44, United States Code:  Provided further, That
    this appropriation shall be available for the payment of obligations
    incurred under the appropriations for similar purposes for preceding
    fiscal years:  Provided further, That notwithstanding the 2-year
    limitation under section 718 of title 44, United States Code, none of
    the funds appropriated or made available under this Act or any other
    Act for printing and binding and related services provided to Congress
    under chapter 7 of title 44, United States Code, may be expended to
    print a document, report, or publication after the 27-month period
    beginning on the date that such document, report, or publication is
    authorized by Congress to be printed, unless Congress reauthorizes such
    printing in accordance with section 718 of title 44, United States
    Code:  Provided further, That any unobligated or unexpended balances in
    this account or accounts for similar purposes for preceding fiscal
    years may be transferred to the Government Printing Office revolving
    fund for carrying out the purposes of this heading, subject to the
    approval of the Committees on Appropriations of the House of
    Representatives and Senate.

                     Office of Superintendent of Documents

                             salaries and expenses

        For expenses of the Office of Superintendent of Documents necessary
    to provide for the cataloging and indexing of Government publications
    and their distribution to the public, Members of Congress, other
    Government agencies, and designated depository and international
    exchange libraries as authorized by law, $42,682,000: Provided, That
    amounts of not more than $2,000,000 from current year appropriations
    are authorized for producing and disseminating congressional serial
    sets and other related publications for fiscal years 2009 and 2010 to
    depository and other designated libraries:  Provided further, That any
    unobligated or unexpended balances in this account or accounts for
    similar purposes for preceding fiscal years may be transferred to the
    Government Printing Office revolving fund for carrying out the purposes
    of this heading, subject to the approval of the Committees on
    Appropriations of the House of Representatives and Senate.

                   Government Printing Office Revolving Fund

        For payment to the Government Printing Office Revolving Fund,
    $8,127,000 for information technology development, facilities repair,
    and continuity of operations:  Provided, That the Government Printing
    Office is hereby authorized to make such expenditures, within the
    limits of funds available and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 9104 of title 31, United States Code, as may be
    necessary in carrying out the programs and purposes set forth in the
    budget for the current fiscal year for the Government Printing Office
    revolving fund:  Provided further, That not more than $7,500 may be
    expended on the certification of the Public Printer in connection with
    official representation and reception expenses:  Provided further, That
    the revolving fund shall be available for the hire or purchase of not
    more than 12 passenger motor vehicles:  Provided further, That
    expenditures in connection with travel expenses of the advisory
    councils to the Public Printer shall be deemed necessary to carry out
    the provisions of title 44, United States Code:  Provided further, That
    the revolving fund shall be available for temporary or intermittent
    services under section 3109(b) of title 5, United States Code, but at
    rates for individuals not more than the daily equivalent of the annual
    rate of basic pay for level V of the Executive Schedule under section
    5316 of such title:  Provided further, That activities financed through
    the revolving fund may provide information in any format:  Provided
    further, That the revolving fund and the funds provided under the
    headings ``Office of Superintendent of Documents'' and ``Salaries and
    Expenses'' may not be used for contracted security services at GPO's
    passport facility in the District of Columbia.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                             Salaries and Expenses

        For necessary expenses of the Government Accountability Office,
    including not more than $12,500 to be expended on the certification of
    the Comptroller General of the United States in connection with
    official representation and reception expenses; temporary or
    intermittent services under section 3109(b) of title 5, United States
    Code, but at rates for individuals not more than the daily equivalent
    of the annual rate of basic pay for level IV of the Executive Schedule
    under section 5315 of such title; hire of one passenger motor vehicle;
    advance payments in foreign countries in accordance with section 3324
    of title 31, United States Code; benefits comparable to those payable
    under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
    (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
    the Comptroller General of the United States, rental of living quarters
    in foreign countries, $558,430,000: Provided, That not more than
    $9,400,000 of payments received under section 782 of title 31, United
    States Code, shall be available for use in fiscal year 2011:  Provided
    further, That not more than $3,100,000 of reimbursements received under
    section 9105 of title 31, United States Code, shall be available for
    use in fiscal year 2011:  Provided further, That not more than
    $7,000,000 of reimbursements received under section 3521 of title 31,
    United States Code, shall be available for use in fiscal year 2011:
    Provided further, That this appropriation and appropriations for
    administrative expenses of any other department or agency which is a
    member of the National Intergovernmental Audit Forum or a Regional
    Intergovernmental Audit Forum shall be available to finance an
    appropriate share of either Forum's costs as determined by the
    respective Forum, including necessary travel expenses of non-Federal
    participants:  Provided further, That payments hereunder to the Forum
    may be credited as reimbursements to any appropriation from which costs
    involved are initially financed.

                    OPEN WORLD LEADERSHIP CENTER TRUST FUND

        For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center under section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
    $12,000,000.

       JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

        For payment to the John C. Stennis Center for Public Service
    Development Trust Fund established under section 116 of the John C.
    Stennis Center for Public Service Training and Development Act (2
    U.S.C. 1105), $430,000.

                                    TITLE II

                               GENERAL PROVISIONS

                    maintenance and care of private vehicles

        Sec. 201.  No part of the funds appropriated in this Act shall be
    used for the maintenance or care of private vehicles, except for
    emergency assistance and cleaning as may be provided under regulations
    relating to parking facilities for the House of Representatives issued
    by the Committee on House Administration and for the Senate issued by
    the Committee on Rules and Administration.

                             fiscal year limitation

        Sec. 202.  No part of the funds appropriated in this Act shall
    remain available for obligation beyond fiscal year 2011 unless
    expressly so provided in this Act.

                     rates of compensation and designation

        Sec. 203.  Whenever in this Act any office or position not
    specifically established by the Legislative Pay Act of 1929 (46 Stat.
    32 et seq.) is appropriated for or the rate of compensation or
    designation of any office or position appropriated for is different
    from that specifically established by such Act, the rate of
    compensation and the designation in this Act shall be the permanent law
    with respect thereto: Provided, That the provisions in this Act for the
    various items of official expenses of Members, officers, and committees
    of the Senate and House of Representatives, and clerk hire for Senators
    and Members of the House of Representatives shall be the permanent law
    with respect thereto.

                              consulting services

        Sec. 204.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, under section 3109
    of title 5, United States Code, shall be limited to those contracts
    where such expenditures are a matter of public record and available for
    public inspection, except where otherwise provided under existing law,
    or under existing Executive order issued under existing law.

                             awards and settlements

        Sec. 205.  Such sums as may be necessary are appropriated to the
    account described in subsection (a) of section 415 of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards and
    settlements as authorized under such subsection.

                                 costs of lbfmc

        Sec. 206.  Amounts available for administrative expenses of any
    legislative branch entity which participates in the Legislative Branch
    Financial Managers Council (LBFMC) established by charter on March 26,
    1996, shall be available to finance an appropriate share of LBFMC costs
    as determined by the LBFMC, except that the total LBFMC costs to be
    shared among all participating legislative branch entities (in such
    allocations among the entities as the entities may determine) may not
    exceed $2,000.

                             landscape maintenance

        Sec. 207.  The Architect of the Capitol, in consultation with the
    District of Columbia, is authorized to maintain and improve the
    landscape features, excluding streets, in the irregular shaped grassy
    areas bounded by Washington Avenue, SW, on the northeast, Second
    Street, SW, on the west, Square 582 on the south, and the beginning of
    the I-395 tunnel on the southeast.

                            limitation on transfers

        Sec. 208.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.

                          guided tours of the capitol

        Sec. 209. (a) Except as provided in subsection (b), none of the
    funds made available to the Architect of the Capitol in this Act may be
    used to eliminate or restrict guided tours of the United States Capitol
    which are led by employees and interns of offices of Members of
    Congress and other offices of the House of Representatives and Senate.
        (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol with the approval of the
    Capitol Police Board, guided tours of the United States Capitol which
    are led by employees and interns described in subsection (a) may be
    suspended temporarily or otherwise subject to restriction for security
    or related reasons to the same extent as guided tours of the United
    States Capitol which are led by the Architect of the Capitol.

                                  (rescission)

        Sec. 210.  Of the unobligated balances available to the Architect
    of the Capitol from prior year appropriations for the Capitol Visitor
    Center project, $20,000,000 are hereby rescinded.
         This division may be cited as the ``Legislative Branch
    Appropriations Act, 2011''.

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

                                    TITLE I

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations,
    facilities, and real property for the Army as currently authorized by
    law, including personnel in the Army Corps of Engineers and other
    personal services necessary for the purposes of this appropriation, and
    for construction and operation of facilities in support of the
    functions of the Commander in Chief, $3,891,395,000 to remain available
    until September 30, 2015, of which $190,000,000 shall be for trainee
    troop housing facilities: Provided, That of this amount, not to exceed
    $263,783,000 shall be available for study, planning, design, architect
    and engineer services, and host nation support, as authorized by law,
    unless the Secretary of the Army determines that additional obligations
    are necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor: Provided further, That, not later than 30 days after
    the date of the enactment of this Act, the Secretary of the Army shall
    submit to the Committees on Appropriations of both Houses of Congress
    an expenditure plan for the funds provided for trainee troop housing
    facilities: Provided further, That none of the funds provided under
    this heading for military construction supporting new initiatives in
    Germany as identified in the table entitled ``Military Construction''
    as specified in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act) may be
    obligated or expended until the Department of Defense completes an
    evaluation of the North Atlantic Treaty Organization Strategic Concept
    Review and an accompanying United States assessment of its defense
    posture in Europe, and a ``Front End Assessment'' of the Department's
    global posture for the fiscal year 2012 to 2016 program budget review
    cycle, and the Secretary of Defense provides to the congressional
    defense committees a certification of the requirement identified by the
    assessments for each of the Army military construction projects in
    Germany funded in this section.

                  Military Construction, Navy and Marine Corps

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $3,506,557,000, to remain available until September 30,
    2015: Provided, That of this amount, not to exceed $128,970,000 shall
    be available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of the Navy
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor.

                        Military Construction, Air Force

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations,
    facilities, and real property for the Air Force as currently authorized
    by law, $1,296,967,000, to remain available until September 30, 2015:
    Provided, That of this amount, not to exceed $84,401,000 shall be
    available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of the Air Force
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor.

                      Military Construction, Defense-Wide

                 (including transfer and rescissions of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and
    real property for activities and agencies of the Department of Defense
    (other than the military departments), as currently authorized by law,
    $3,145,614,000, to remain available until September 30, 2015: Provided,
    That such amounts of this appropriation as may be determined by the
    Secretary of Defense may be transferred to such appropriations of the
    Department of Defense available for military construction or family
    housing as the Secretary may designate, to be merged with and to be
    available for the same purposes, and for the same time period, as the
    appropriation or fund to which transferred: Provided further, That of
    the amount appropriated, not to exceed $449,041,000 shall be available
    for study, planning, design, and architect and engineer services, as
    authorized by law, unless the Secretary of Defense determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor: Provided further, That of the
    amount appropriated, notwithstanding any other provision of law,
    $31,863,000 shall be available for payments to the North Atlantic
    Treaty Organization for the planning, design, and construction of a new
    North Atlantic Treaty Organization headquarters: Provided further, That
    of the unobligated balances available under the heading ``Military
    Construction, Defense-Wide'' in title I of division E of Public Law
    111-117, $125,500,000 is hereby rescinded: Provided further, That of
    the unobligated balances available under the heading ``Military
    Construction, Defense-Wide'' in title I of division E of Public Law
    110-329, $23,000,000 is hereby rescinded.

                   Military Construction, Army National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army National Guard, and contributions therefor, as authorized by
    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $1,125,628,000, to remain available until September
    30, 2015, of which $60,000,000 shall be for critical unfunded
    requirements: Provided, That of the amount appropriated, not to exceed
    $64,836,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Director of the Army National Guard determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Director of the Army
    National Guard shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for the funds provided for
    critical unfunded requirements.

                   Military Construction, Air National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $441,549,000, to remain available until September
    30, 2015, of which $50,000,000 shall be for critical unfunded
    requirements: Provided, That of the amount appropriated, not to exceed
    $37,177,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Director of the Air National Guard determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Director of the Air
    National Guard shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for the funds provided for
    critical unfunded requirements.

                      Military Construction, Army Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $388,064,000, to
    remain available until September 30, 2015, of which $30,000,000 shall
    be for critical unfunded requirements: Provided, That of the amount
    appropriated, not to exceed $27,289,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of the Army determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Chief of Army Reserve
    shall submit to the Committees on Appropriations of both Houses of
    Congress an expenditure plan for the funds provided for critical
    unfunded requirements.

                      Military Construction, Navy Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    reserve components of the Navy and Marine Corps as authorized by
    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $91,557,000, to remain available until September
    30, 2015, of which $15,000,000 shall be for critical unfunded
    requirements of the Navy Reserve and $15,000,000 shall be for critical
    unfunded requirements of the Marine Forces Reserve: Provided, That of
    the amount appropriated, not to exceed $1,857,000 shall be available
    for study, planning, design, and architect and engineer services, as
    authorized by law, unless the Secretary of the Navy determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor: Provided further, That, not
    later than 30 days after the date of the enactment of this Act, the
    Chief of Navy Reserve and the Commander, Marine Forces Reserve shall
    submit to the Committees on Appropriations of both Houses of Congress
    an expenditure plan for the funds provided for critical unfunded
    requirements.

                    Military Construction, Air Force Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    Force Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $48,182,000, to
    remain available until September 30, 2015, of which $30,000,000 shall
    be for critical unfunded requirements: Provided, That of the amount
    appropriated, not to exceed $2,503,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of the Air Force determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Chief of Air Force
    Reserve shall submit to the Committees on Appropriations of both Houses
    of Congress an expenditure plan for the funds provided for critical
    unfunded requirements.

                       North Atlantic Treaty Organization

                          Security Investment Program

        For the United States share of the cost of the North Atlantic
    Treaty Organization Security Investment Program for the acquisition and
    construction of military facilities and installations (including
    international military headquarters) and for related expenses for the
    collective defense of the North Atlantic Treaty Area as authorized by
    section 2806 of title 10, United States Code, and Military Construction
    Authorization Acts, $258,884,000, to remain available until expended:
    Provided, That notwithstanding any other provision of law, such funds
    may be obligated and expended for purposes of section 2806 of title 10,
    United States Code, and sections 2501 and 2502 of the National Defense
    Authorization Act for Fiscal Year 2010 (Public Law 111-84).

                       Family Housing Construction, Army

        For expenses of family housing for the Army for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $92,369,000, to remain available
    until September 30, 2015.

                 Family Housing Operation and Maintenance, Army

        For expenses of family housing for the Army for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized
    by law, $518,140,000.

               Family Housing Construction, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    construction, including acquisition, replacement, addition, expansion,
    extension, and alteration, as authorized by law, $186,444,000, to
    remain available until September 30, 2015.

        Family Housing Operation and Maintenance, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    operation and maintenance, including debt payment, leasing, minor
    construction, principal and interest charges, and insurance premiums,
    as authorized by law, $366,346,000.

                     Family Housing Construction, Air Force

        For expenses of family housing for the Air Force for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $78,025,000, to remain available
    until September 30, 2015.

              Family Housing Operation and Maintenance, Air Force

        For expenses of family housing for the Air Force for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized
    by law, $513,792,000.

             Family Housing Operation and Maintenance, Defense-Wide

        For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    operation and maintenance, leasing, and minor construction, as
    authorized by law, $50,464,000.

             Department of Defense Family Housing Improvement Fund

        For the Department of Defense Family Housing Improvement Fund,
    $1,096,000, to remain available until expended, for family housing
    initiatives undertaken pursuant to section 2883 of title 10, United
    States Code, providing alternative means of acquiring and improving
    military family housing and supporting facilities.

                           Homeowners Assistance Fund

        For the Homeowners Assistance Fund established by section 1013 of
    the Demonstration Cities and Metropolitan Development Act of 1966, (42
    U.S.C. 3374), as amended by section 1001 of division A of the American
    Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat.
    194), $16,515,000, to remain available until expended.

              Chemical Demilitarization Construction, Defense-Wide

        For expenses of construction, not otherwise provided for, necessary
    for the destruction of the United States stockpile of lethal chemical
    agents and munitions in accordance with section 1412 of the Department
    of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
    destruction of other chemical warfare materials that are not in the
    chemical weapon stockpile, as currently authorized by law,
    $124,971,000, to remain available until September 30, 2015, which shall
    be only for the Assembled Chemical Weapons Alternatives program.

                Department of Defense Base Closure Account 1990

        For deposit into the Department of Defense Base Closure Account
    1990, established by section 2906(a)(1) of the Defense Base Closure and
    Realignment Act of 1990 (10 U.S.C. 2687 note), $450,474,000, to remain
    available until expended.

                Department of Defense Base Closure Account 2005

                        (including rescission of funds)

        For deposit into the Department of Defense Base Closure Account
    2005, established by section 2906A(a)(1) of the Defense Base Closure
    and Realignment Act of 1990 (10 U.S.C. 2687 note), $2,354,285,000, to
    remain available until expended: Provided, That the Department of
    Defense shall notify the Committees on Appropriations of both Houses of
    Congress 14 days prior to obligating an amount for a construction
    project that exceeds or reduces the amount identified for that project
    in the most recently submitted budget request for this account by 20
    percent or $2,000,000, whichever is less: Provided further, That the
    previous proviso shall not apply to projects costing less than
    $5,000,000, except for those projects not previously identified in any
    budget submission for this account and exceeding the minor construction
    threshold under section 2805 of title 10, United States Code: Provided
    further, That of the unobligated balances available under this heading
    from prior appropriations Acts, $200,000,000 is hereby rescinded:
    Provided further, That no funds may be rescinded from amounts that were
    designated by the Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                           Administrative Provisions

        Sec. 101.  None of the funds made available in this title shall be
    expended for payments under a cost-plus-a-fixed-fee contract for
    construction, where cost estimates exceed $25,000, to be performed
    within the United States, except Alaska, without the specific approval
    in writing of the Secretary of Defense setting forth the reasons
    therefor.
        Sec. 102.  Funds made available in this title for construction
    shall be available for hire of passenger motor vehicles.
        Sec. 103.  Funds made available in this title for construction may
    be used for advances to the Federal Highway Administration, Department
    of Transportation, for the construction of access roads as authorized
    by section 210 of title 23, United States Code, when projects
    authorized therein are certified as important to the national defense
    by the Secretary of Defense.
        Sec. 104.  None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
        Sec. 105.  None of the funds made available in this title shall be
    used for purchase of land or land easements in excess of 100 percent of
    the value as determined by the Army Corps of Engineers or the Naval
    Facilities Engineering Command, except: (1) where there is a
    determination of value by a Federal court; (2) purchases negotiated by
    the Attorney General or the designee of the Attorney General; (3) where
    the estimated value is less than $25,000; or (4) as otherwise
    determined by the Secretary of Defense to be in the public interest.
        Sec. 106.  None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or (3)
    install utilities for any family housing, except housing for which
    funds have been made available in annual Acts making appropriations for
    military construction.
        Sec. 107.  None of the funds made available in this title for minor
    construction may be used to transfer or relocate any activity from one
    base or installation to another, without prior notification to the
    Committees on Appropriations of both Houses of Congress.
        Sec. 108.  None of the funds made available in this title may be
    used for the procurement of steel for any construction project or
    activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such
    steel procurement.
        Sec. 109.  None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
        Sec. 110.  None of the funds made available in this title may be
    used to initiate a new installation overseas without prior notification
    to the Committees on Appropriations of both Houses of Congress.
        Sec. 111.  None of the funds made available in this title may be
    obligated for architect and engineer contracts estimated by the
    Government to exceed $500,000 for projects to be accomplished in Japan,
    in any North Atlantic Treaty Organization member country, or in
    countries bordering the Arabian Sea, unless such contracts are awarded
    to United States firms or United States firms in joint venture with
    host nation firms.
        Sec. 112.  None of the funds made available in this title for
    military construction in the United States territories and possessions
    in the Pacific and on Kwajalein Atoll, or in countries bordering the
    Arabian Sea, may be used to award any contract estimated by the
    Government to exceed $1,000,000 to a foreign contractor: Provided, That
    this section shall not be applicable to contract awards for which the
    lowest responsive and responsible bid of a United States contractor
    exceeds the lowest responsive and responsible bid of a foreign
    contractor by greater than 20 percent: Provided further, That this
    section shall not apply to contract awards for military construction on
    Kwajalein Atoll for which the lowest responsive and responsible bid is
    submitted by a Marshallese contractor.
        Sec. 113.  The Secretary of Defense is to inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of the plans and scope of any proposed military
    exercise involving United States personnel 30 days prior to its
    occurring, if amounts expended for construction, either temporary or
    permanent, are anticipated to exceed $100,000.
        Sec. 114.  Not more than 20 percent of the funds made available in
    this title which are limited for obligation during the current fiscal
    year shall be obligated during the last 2 months of the fiscal year.
        Sec. 115.  Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
        Sec. 116.  For military construction or family housing projects
    that are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
        Sec. 117.  Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency for the
    construction of military projects may be obligated for a military
    construction project or contract, or for any portion of such a project
    or contract, at any time before the end of the fourth fiscal year after
    the fiscal year for which funds for such project were made available,
    if the funds obligated for such project: (1) are obligated from funds
    available for military construction projects; and (2) do not exceed the
    amount appropriated for such project, plus any amount by which the cost
    of such project is increased pursuant to law.

                         (including transfer of funds)

        Sec. 118.  In addition to any other transfer authority available to
    the Department of Defense, proceeds deposited to the Department of
    Defense Base Closure Account established by section 207(a)(1) of the
    Defense Authorization Amendments and Base Closure and Realignment Act
    (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
    be transferred to the account established by section 2906(a)(1) of the
    Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
    to be merged with, and to be available for the same purposes and the
    same time period as that account.

                         (including transfer of funds)

        Sec. 119.  Subject to 30 days prior notification, or 14 days for a
    notification provided in an electronic medium pursuant to sections 480
    and 2883, of title 10, United States Code, to the Committees on
    Appropriations of both Houses of Congress, such additional amounts as
    may be determined by the Secretary of Defense may be transferred to:
    (1) the Department of Defense Family Housing Improvement Fund from
    amounts appropriated for construction in ``Family Housing'' accounts,
    to be merged with and to be available for the same purposes and for the
    same period of time as amounts appropriated directly to the Fund; or
    (2) the Department of Defense Military Unaccompanied Housing
    Improvement Fund from amounts appropriated for construction of military
    unaccompanied housing in ``Military Construction'' accounts, to be
    merged with and to be available for the same purposes and for the same
    period of time as amounts appropriated directly to the Fund: Provided,
    That appropriations made available to the Funds shall be available to
    cover the costs, as defined in section 502(5) of the Congressional
    Budget Act of 1974, of direct loans or loan guarantees issued by the
    Department of Defense pursuant to the provisions of subchapter IV of
    chapter 169 of title 10, United States Code, pertaining to alternative
    means of acquiring and improving military family housing, military
    unaccompanied housing, and supporting facilities.
        Sec. 120. (a) Not later than 60 days before issuing any
    solicitation for a contract with the private sector for military family
    housing the Secretary of the military department concerned shall submit
    to the Committees on Appropriations of both Houses of Congress the
    notice described in subsection (b).
        (b)(1) A notice referred to in subsection (a) is a notice of any
    guarantee (including the making of mortgage or rental payments)
    proposed to be made by the Secretary to the private party under the
    contract involved in the event of--
                (A) the closure or realignment of the installation for
            which housing is provided under the contract;
                (B) a reduction in force of units stationed at such
            installation; or
                (C) the extended deployment overseas of units stationed at
            such installation.
        (2) Each notice under this subsection shall specify the nature of
    the guarantee involved and assess the extent and likelihood, if any, of
    the liability of the Federal Government with respect to the guarantee.

                         (including transfer of funds)

        Sec. 121.  In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the accounts
    established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
    Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
    established by section 1013(d) of the Demonstration Cities and
    Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
    expenses associated with the Homeowners Assistance Program incurred
    under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
    with and be available for the same purposes and for the same time
    period as the fund to which transferred.
        Sec. 122.  Notwithstanding any other provision of law, funds made
    available in this title for operation and maintenance of family housing
    shall be the exclusive source of funds for repair and maintenance of
    all family housing units, including general or flag officer quarters:
    Provided, That not more than $35,000 per unit may be spent annually for
    the maintenance and repair of any general or flag officer quarters
    without 30 days prior notification, or 14 days for a notification
    provided in an electronic medium pursuant to sections 480 and 2883 of
    title 10, United States Code, to the Committees on Appropriations of
    both Houses of Congress, except that an after-the-fact notification
    shall be submitted if the limitation is exceeded solely due to costs
    associated with environmental remediation that could not be reasonably
    anticipated at the time of the budget submission: Provided further,
    That the Under Secretary of Defense (Comptroller) is to report annually
    to the Committees on Appropriations of both Houses of Congress all
    operation and maintenance expenditures for each individual general or
    flag officer quarters for the prior fiscal year.
        Sec. 123.  Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United
    States Code, are appropriated and shall be available until expended for
    the purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.
        Sec. 124.  None of the funds made available in this title, or in
    any Act making appropriations for military construction which remain
    available for obligation, may be obligated or expended to carry out a
    military construction, land acquisition, or family housing project at
    or for a military installation approved for closure, or at a military
    installation for the purposes of supporting a function that has been
    approved for realignment to another installation, in 2005 under the
    Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
    of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
    military installation approved for realignment will support a
    continuing mission or function at that installation or a new mission or
    function that is planned for that installation, or unless the Secretary
    of Defense certifies that the cost to the United States of carrying out
    such project would be less than the cost to the United States of
    cancelling such project, or if the project is at an active component
    base that shall be established as an enclave or in the case of projects
    having multi-agency use, that another Government agency has indicated
    it will assume ownership of the completed project. The Secretary of
    Defense may not transfer funds made available as a result of this
    limitation from any military construction project, land acquisition, or
    family housing project to another account or use such funds for another
    purpose or project without the prior approval of the Committees on
    Appropriations of both Houses of Congress. This section shall not apply
    to military construction projects, land acquisition, or family housing
    projects for which the project is vital to the national security or the
    protection of health, safety, or environmental quality: Provided, That
    the Secretary of Defense shall notify the congressional defense
    committees within seven days of a decision to carry out such a military
    construction project.

                         (including transfer of funds)

        Sec. 125.  During the 5-year period after appropriations available
    in this Act to the Department of Defense for military construction and
    family housing operation and maintenance and construction have expired
    for obligation, upon a determination that such appropriations will not
    be necessary for the liquidation of obligations or for making
    authorized adjustments to such appropriations for obligations incurred
    during the period of availability of such appropriations, unobligated
    balances of such appropriations may be transferred into the
    appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
    to be merged with and to be available for the same time period and for
    the same purposes as the appropriation to which transferred.
        Sec. 126.  None of the funds appropriated or otherwise made
    available in this title may be used for any action that is related to
    or promotes the expansion of the boundaries or size of the Pinon Canyon
    Maneuver Site, Colorado.
        Sec. 127.  Notwithstanding Department of Defense Instruction
    1330.17, nonappropriated funds provided through the Commissary
    Surcharge Fund may be used in accordance with the authority provided in
    10 U.S.C. 2484(h) to construct a commissary at U.S. Southern Command
    Headquarters in Miami-Dade County, Florida.
        Sec. 128.  Amounts appropriated or otherwise made available in an
    account funded under the headings in this title may be transferred
    among projects and activities within the account in accordance with the
    reprogramming guidelines for military construction and family housing
    construction contained in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act)
    and in the guidance for military construction reprogrammings and
    notifications contained in Department of Defense Financial Management
    Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
    effect on the date of enactment of this Act.
        Sec. 129.  Amounts appropriated or otherwise made available in this
    title for ``Military Construction, Army'', ``Military Construction,
    Navy and Marine Corps'', ``Military Construction, Air Force'',
    ``Military Construction, Defense-Wide'', ``Military Construction, Army
    National Guard'', ``Military Construction, Air National Guard'',
    ``Military Construction, Army Reserve'', ``Military Construction, Navy
    Reserve'', ``Military Construction, Air Force Reserve'', ``Family
    Housing Construction, Army'', ``Family Housing Construction, Navy and
    Marine Corps'', ``Family Housing Construction, Air Force'', and
    ``Chemical Demilitarization Construction, Defense-Wide'' shall be for
    the projects and activities, and in the amounts specified, identified
    under those headings in the Committee recommendations, and under the
    headings for ``Army'', ``Navy'', ``Air Force'', ``Defense-Wide'',
    ``Army National Guard'', ``Air National Guard'', ``Army Reserve'',
    ``Navy Reserve'', ``Air Force Reserve'', ``Family Housing Construction,
    Army'', ``Family Housing Construction, Navy and Marine Corps'',
    ``Family Housing Construction, Air Force'', and ``Chemical
    Demilitarization Construction, Defense-Wide'' in the table entitled
    ``Military Construction'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).
        Sec. 130.  Notwithstanding any other provision of law, the
    Department of Defense is authorized to carry out planning, design, and
    construction not otherwise authorized by law for an Aegis Ashore Test
    Facility at the Pacific Missile Range Facility, Hawaii, in an amount
    not to exceed $68,500,000 using funds appropriated or otherwise made
    available by title I of division E of Public Law 111-117 under the
    heading ``Military Construction, Defense-Wide''.
        Sec. 131.  None of the funds made available by this Act may be used
    to take beneficial occupancy of more than 1,000 parking spaces provided
    by the combination spaces provided by the proposed office complex to be
    developed at an established mixed-use business park in Alexandria,
    Virginia, to implement recommendation 133 of the Defense Base Closure
    and Realignment Commission contained in the report of the Commission
    transmitted to Congress on September 15, 2005, and the lease of spaces
    in the immediate vicinity of such office complex until both of the
    following occur:
                (1) The Secretary submits to the congressional defense
            committees a viable transportation plan, as directed in House
            Report 111-559, for the proposed office complex.
                (2) The Secretary certifies to the congressional defense
            committees that construction has been completed to provide
            adequate ingress to and egress from the business park at which
            the proposed office complex is located.
        Sec. 132.  Notwithstanding any other provision of law, funds
    appropriated or otherwise made available by this title may be obligated
    and expended to carry out planning and design and military construction
    projects not otherwise authorized by law.

                                    TITLE II

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                           compensation and pensions

                         (including transfer of funds)

        For the payment of compensation benefits to or on behalf of
    veterans and a pilot program for disability examinations as authorized
    by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
    United States Code; pension benefits to or on behalf of veterans as
    authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
    States Code; and burial benefits, the Reinstated Entitlement Program
    for Survivors, emergency and other officers' retirement pay, adjusted-
    service credits and certificates, payment of premiums due on commercial
    life insurance policies guaranteed under the provisions of title IV of
    the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
    for other benefits as authorized by sections 107, 1312, 1977, and 2106,
    and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
    $53,978,000,000, to remain available until expended: Provided, That not
    to exceed $30,423,000 of the amount appropriated under this heading
    shall be reimbursed to ``General operating expenses, Veterans Benefits
    Administration'', ``Medical support and compliance'', and ``Information
    technology systems'' for necessary expenses in implementing the
    provisions of chapters 51, 53, and 55 of title 38, United States Code,
    the funding source for which is specifically provided as the
    ``Compensation and pensions'' appropriation: Provided further, That
    such sums as may be earned on an actual qualifying patient basis, shall
    be reimbursed to ``Medical care collections fund'' to augment the
    funding of individual medical facilities for nursing home care provided
    to pensioners as authorized.

                             readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
    36, 39, 51, 53, 55, and 61 of title 38, United States Code,
    $10,396,106,000, to remain available until expended: Provided, That
    expenses for rehabilitation program services and assistance which the
    Secretary is authorized to provide under subsection (a) of section 3104
    of title 38, United States Code, other than under paragraphs (1), (2),
    (5), and (11) of that subsection, shall be charged to this account.

                       veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by title 38, United
    States Code, chapters 19 and 21, $77,589,000, to remain available until
    expended.

                     veterans housing benefit program fund

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That during fiscal year 2011, within the resources
    available, not to exceed $500,000 in gross obligations for direct loans
    are authorized for specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $163,646,000.

                vocational rehabilitation loans program account

        For the cost of direct loans, $48,000, as authorized by chapter 31
    of title 38, United States Code: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That funds made
    available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $3,042,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $337,000, which may be paid to the appropriation
    for ``General operating expenses, Veterans Benefits Administration''.

              native american veteran housing loan program account

        For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $707,000.

                         Veterans Health Administration

                                medical services

                         (including transfer of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section
    1705(a) of title 38, United States Code, including care and treatment
    in facilities not under the jurisdiction of the Department, and
    including medical supplies and equipment, food services, and salaries
    and expenses of health care employees hired under title 38, United
    States Code, aid to State homes as authorized by section 1741 of title
    38, United States Code, assistance and support services for caregivers
    as authorized by section 1720G of title 38, United States Code, and
    loan repayments authorized by section 604 of Public Law 111-163;
    $39,649,985,000, plus reimbursements, shall become available on October
    1, 2011, and shall remain available until September 30, 2012: Provided,
    That notwithstanding any other provision of law, the Secretary of
    Veterans Affairs shall establish a priority for the provision of
    medical treatment for veterans who have service-connected disabilities,
    lower income, or have special needs: Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall give priority funding for the provision of basic medical
    benefits to veterans in enrollment priority groups 1 through 6:
    Provided further, That, notwithstanding any other provision of law, the
    Secretary of Veterans Affairs may authorize the dispensing of
    prescription drugs from Veterans Health Administration facilities to
    enrolled veterans with privately written prescriptions based on
    requirements established by the Secretary: Provided further, That the
    implementation of the program described in the previous proviso shall
    incur no additional cost to the Department of Veterans Affairs.

                         medical support and compliance

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
    $5,535,000,000, plus reimbursements, shall become available on October
    1, 2011, and shall remain available until September 30, 2012.

                               medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other
    necessary facilities of the Veterans Health Administration; for
    administrative expenses in support of planning, design, project
    management, real property acquisition and disposition, construction,
    and renovation of any facility under the jurisdiction or for the use of
    the Department; for oversight, engineering, and architectural
    activities not charged to project costs; for repairing, altering,
    improving, or providing facilities in the several hospitals and homes
    under the jurisdiction of the Department, not otherwise provided for,
    either by contract or by the hire of temporary employees and purchase
    of materials; for leases of facilities; and for laundry services,
    $5,426,000,000, plus reimbursements, shall become available on October
    1, 2011, and shall remain available until September 30, 2012: Provided,
    That of the amount available for fiscal year 2012, $130,000,000 for
    non-recurring maintenance shall be allocated in a manner not subject to
    the Veterans Equitable Resource Allocation.

                        medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of
    title 38, United States Code, $590,000,000, plus reimbursements, shall
    remain available until September 30, 2012.

                        National Cemetery Administration

        For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; hire of passenger motor vehicles; and repair, alteration or
    improvement of facilities under the jurisdiction of the National
    Cemetery Administration, $259,004,000, of which not to exceed
    $24,200,000 shall remain available until September 30, 2012.

                          Departmental Administration

                             general administration

                         (including transfer of funds)

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of Department-Wide capital planning, management and policy
    activities, uniforms, or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, $466,497,000, of which not to exceed
    $22,000,000 shall remain available until September 30, 2012: Provided,
    That $23,584,000 shall be to increase the Department's acquisition
    workforce capacity and capabilities and may be transferred by the
    Secretary to any other account in the Department to carry out the
    purposes provided therein: Provided further, That funds provided under
    this heading may be transferred to ``General operating expenses,
    Veterans Benefits Administration''.

          general operating expenses, veterans benefits administration

        For necessary operating expenses of the Veterans Benefits
    Administration, not otherwise provided for, including hire of passenger
    motor vehicles, and reimbursement of the Department of Defense for the
    cost of overseas employee mail, $2,162,776,000: Provided, That expenses
    for services and assistance authorized under paragraphs (1), (2), (5),
    and (11) of section 3104(a) of title 38, United States Code, that the
    Secretary of Veterans Affairs determines are necessary to enable
    entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account: Provided further, That of the funds made available under this
    heading, not to exceed $108,000,000 shall remain available until
    September 20, 2012: Provided further, That from the funds made
    available under this heading, the Veterans Benefits Administration may
    purchase (on a one-for-one replacement basis only) up to two passenger
    motor vehicles for use in operations of that Administration in Manila,
    Philippines.

                         information technology systems

        For necessary expenses for information technology systems and
    telecommunications support, including developmental information systems
    and operational information systems; for pay and associated costs; and
    for the capital asset acquisition of information technology systems,
    including management and related contractual costs of said
    acquisitions, including contractual costs associated with operations
    authorized by section 3109 of title 5, United States Code,
    $3,162,501,000, plus reimbursements, shall remain available until
    September 30, 2012: Provided, That none of the funds made available
    under this heading may be obligated until the Department of Veterans
    Affairs submits to the Committees on Appropriations of both Houses of
    Congress, and such Committees approve, a plan for expenditure that: (1)
    meets the capital planning and investment control review requirements
    established by the Office of Management and Budget; (2) complies with
    the Department of Veterans Affairs enterprise architecture; (3)
    conforms with an established enterprise life cycle methodology; and (4)
    complies with the acquisition rules, requirements, guidelines, and
    systems acquisition management practices of the Federal Government:
    Provided further, That not later than 30 days after the date of the
    enactment of this Act, the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress a
    reprogramming base letter which sets forth, by project, the operations
    and maintenance costs, with salary expenses separately designated, and
    development costs to be carried out utilizing amounts made available
    under this heading: Provided further, That of the amounts made
    available under this heading, $742,816,000 may not be obligated or
    expended until the Secretary of Veterans Affairs or the Chief
    Information Officer of the Department of Veterans Affairs submits to
    the Committees on Appropriations of both Houses of Congress a
    certification of the amounts, in parts or in full, to be obligated and
    expended for each development project.

                          office of inspector general

        For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $115,367,000, of which
    $6,000,000 shall remain available until September 30, 2012.

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
    8109, 8110, and 8122 of title 38, United States Code, including
    planning, architectural and engineering services, construction
    management services, maintenance or guarantee period services costs
    associated with equipment guarantees provided under the project,
    services of claims analysts, offsite utility and storm drainage system
    construction costs, and site acquisition, where the estimated cost of a
    project is more than the amount set forth in section 8104(a)(3)(A) of
    title 38, United States Code, or where funds for a project were made
    available in a previous major project appropriation, $1,151,036,000, to
    remain available until expended, of which $6,000,000 shall be to make
    reimbursements as provided in section 13 of the Contract Disputes Act
    of 1978 (41 U.S.C. 612) for claims paid for contract disputes:
    Provided, That except for advance planning activities, including needs
    assessments which may or may not lead to capital investments, and other
    capital asset management related activities, including portfolio
    development and management activities, and investment strategy studies
    funded through the advance planning fund and the planning and design
    activities funded through the design fund, including needs assessments
    which may or may not lead to capital investments, and salaries and
    associated costs of the resident engineers who oversee those capital
    investments funded through this account, and funds provided for the
    purchase of land for the National Cemetery Administration through the
    land acquisition line item, none of the funds made available under this
    heading shall be used for any project which has not been approved by
    the Congress in the budgetary process: Provided further, That funds
    made available under this heading for fiscal year 2011, for each
    approved project shall be obligated: (1) by the awarding of a
    construction documents contract by September 30, 2011; and (2) by the
    awarding of a construction contract by September 30, 2012: Provided
    further, That the Secretary of Veterans Affairs shall promptly submit
    to the Committees on Appropriations of both Houses of Congress a
    written report on any approved major construction project for which
    obligations are not incurred within the time limitations established
    above: Provided further, That of the funds made available under this
    heading, $940,932,000 shall be for the projects and activities, and in
    the amounts, specified under this heading in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                          construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, or for any of
    the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
    8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
    the estimated cost of a project is equal to or less than the amount set
    forth in section 8104(a)(3)(A) of title 38, United States Code,
    $517,700,000, to remain available until expended, along with
    unobligated balances of previous ``Construction, minor projects''
    appropriations which are hereby made available for any project where
    the estimated cost is equal to or less than the amount set forth in
    such section: Provided, That funds made available under this heading
    shall be for: (1) repairs to any of the nonmedical facilities under the
    jurisdiction or for the use of the Department which are necessary
    because of loss or damage caused by any natural disaster or
    catastrophe; and (2) temporary measures necessary to prevent or to
    minimize further loss by such causes.

           grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $85,000,000, to remain
    available until expended.

              grants for construction of state veterans cemeteries

        For grants to assist States in establishing, expanding, or
    improving State veterans cemeteries as authorized by section 2408 of
    title 38, United States Code, $46,000,000, to remain available until
    expended.

                           Administrative Provisions

                         (including transfer of funds)

        Sec. 201.  Any appropriation for fiscal year 2011 for
    ``Compensation and pensions'', ``Readjustment benefits'', and
    ``Veterans insurance and indemnities'' may be transferred as necessary
    to any other of the mentioned appropriations: Provided, That before a
    transfer may take place, the Secretary of Veterans Affairs shall
    request from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and such Committees issue
    an approval, or absent a response, a period of 30 days has elapsed.

                         (including transfer of funds)

        Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2011, in this Act or any other Act, under the
    ``Medical services'', ``Medical support and compliance'', and ``Medical
    facilities'' accounts may be transferred among the accounts: Provided,
    That any transfers between the ``Medical services'' and ``Medical
    support and compliance'' accounts of 1 percent or less of the total
    amount appropriated to the account in this or any other Act may take
    place subject to notification from the Secretary of Veterans Affairs to
    the Committees on Appropriations of both Houses of Congress of the
    amount and purpose of the transfer: Provided further, That any
    transfers between the ``Medical services'' and ``Medical support and
    compliance'' accounts in excess of 1 percent, or exceeding the
    cumulative 1 percent for the fiscal year, may take place only after the
    Secretary requests from the Committees on Appropriations of both Houses
    of Congress the authority to make the transfer and an approval is
    issued: Provided further, That any transfers to or from the ``Medical
    facilities'' account may take place only after the Secretary requests
    from the Committees on Appropriations of both Houses of Congress the
    authority to make the transfer and an approval is issued.
        Sec. 203.  Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code, hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States
    Code.
        Sec. 204.  No appropriations in this title (except the
    appropriations for ``Construction, major projects'', and
    ``Construction, minor projects'') shall be available for the purchase
    of any site for or toward the construction of any new hospital or home.
        Sec. 205.  No appropriations in this title shall be available for
    hospitalization or examination of any persons (except beneficiaries
    entitled to such hospitalization or examination under the laws
    providing such benefits to veterans, and persons receiving such
    treatment under sections 7901 through 7904 of title 5, United States
    Code, or the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
    cost of such hospitalization or examination is made to the ``Medical
    services'' account at such rates as may be fixed by the Secretary of
    Veterans Affairs.
        Sec. 206.  Appropriations available in this title for
    ``Compensation and pensions'', ``Readjustment benefits'', and
    ``Veterans insurance and indemnities'' shall be available for payment
    of prior year accrued obligations required to be recorded by law
    against the corresponding prior year accounts within the last quarter
    of fiscal year 2010.
        Sec. 207.  Appropriations available in this title shall be
    available to pay prior year obligations of corresponding prior year
    appropriations accounts resulting from sections 3328(a), 3334, and
    3712(a) of title 31, United States Code, except that if such
    obligations are from trust fund accounts they shall be payable only
    from ``Compensation and pensions''.

                         (including transfer of funds)

        Sec. 208.  Notwithstanding any other provision of law, during
    fiscal year 2011, the Secretary of Veterans Affairs shall, from the
    National Service Life Insurance Fund under section 1920 of title 38,
    United States Code, the Veterans' Special Life Insurance Fund under
    section 1923 of title 38, United States Code, and the United States
    Government Life Insurance Fund under section 1955 of title 38, United
    States Code, reimburse the ``General operating expenses, Veterans
    Benefits Administration'' and ``Information technology systems''
    accounts for the cost of administration of the insurance programs
    financed through those accounts: Provided, That reimbursement shall be
    made only from the surplus earnings accumulated in such an insurance
    program during fiscal year 2011 that are available for dividends in
    that program after claims have been paid and actuarially determined
    reserves have been set aside: Provided further, That if the cost of
    administration of such an insurance program exceeds the amount of
    surplus earnings accumulated in that program, reimbursement shall be
    made only to the extent of such surplus earnings: Provided further,
    That the Secretary shall determine the cost of administration for
    fiscal year 2011 which is properly allocable to the provision of each
    such insurance program and to the provision of any total disability
    income insurance included in that insurance program.
        Sec. 209.  Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

                         (including transfer of funds)

        Sec. 210.  Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management of the Department of Veterans Affairs
    and the Office of Employment Discrimination Complaint Adjudication
    under section 319 of title 38, United States Code, for all services
    provided at rates which will recover actual costs but not exceed
    $38,783,000 for the Office of Resolution Management and $3,354,000 for
    the Office of Employment Discrimination Complaint Adjudication:
    Provided, That payments may be made in advance for services to be
    furnished based on estimated costs: Provided further, That amounts
    received shall be credited to the ``General administration'' and
    ``Information technology systems'' accounts for use by the office that
    provided the service.
        Sec. 211.  No appropriations in this title shall be available to
    enter into any new lease of real property if the estimated annual
    rental cost is more than $1,000,000, unless the Secretary submits a
    report which the Committees on Appropriations of both Houses of
    Congress approve within 30 days following the date on which the report
    is received.
        Sec. 212.  No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States
    Code, for a non-service-connected disability described in section
    1729(a)(2) of such title, unless that person has disclosed to the
    Secretary of Veterans Affairs, in such form as the Secretary may
    require, current, accurate third-party reimbursement information for
    purposes of section 1729 of such title: Provided, That the Secretary
    may recover, in the same manner as any other debt due the United
    States, the reasonable charges for such care or services from any
    person who does not make such disclosure as required: Provided further,
    That any amounts so recovered for care or services provided in a prior
    fiscal year may be obligated by the Secretary during the fiscal year in
    which amounts are received.

                         (including transfer of funds)

        Sec. 213.  Notwithstanding any other provision of law, proceeds or
    revenues derived from enhanced-use leasing activities (including
    disposal) may be deposited into the ``Construction, major projects''
    and ``Construction, minor projects'' accounts and be used for
    construction (including site acquisition and disposition), alterations,
    and improvements of any medical facility under the jurisdiction or for
    the use of the Department of Veterans Affairs. Such sums as realized
    are in addition to the amount provided for in ``Construction, major
    projects'' and ``Construction, minor projects''.
        Sec. 214.  Amounts made available under ``Medical services'' are
    available--
                (1) for furnishing recreational facilities, supplies, and
            equipment; and
                (2) for funeral expenses, burial expenses, and other
            expenses incidental to funerals and burials for beneficiaries
            receiving care in the Department.

                         (including transfer of funds)

        Sec. 215.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to ``Medical services'', to remain available
    until expended for the purposes of that account.
        Sec. 216.  The Secretary of Veterans Affairs may enter into
    agreements with Indian tribes and tribal organizations which are party
    to the Alaska Native Health Compact with the Indian Health Service, and
    Indian tribes and tribal organizations serving rural Alaska which have
    entered into contracts with the Indian Health Service under the Indian
    Self Determination and Educational Assistance Act, to provide
    healthcare, including behavioral health and dental care. The Secretary
    shall require participating veterans and facilities to comply with all
    appropriate rules and regulations, as established by the Secretary. The
    term ``rural Alaska'' shall mean those lands sited within the external
    boundaries of the Alaska Native regions specified in sections 7(a)(1)-
    (4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
    (43 U.S.C. 1606), and those lands within the Alaska Native regions
    specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
    Settlement Act, as amended (43 U.S.C. 1606), which are not within the
    boundaries of the Municipality of Anchorage, the Fairbanks North Star
    Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.

                         (including transfer of funds)

        Sec. 217.  Such sums as may be deposited to the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, major
    projects'' and ``Construction, minor projects'' accounts, to remain
    available until expended for the purposes of these accounts.
        Sec. 218.  None of the funds made available in this title may be
    used to implement any policy prohibiting the Directors of the Veterans
    Integrated Services Networks from conducting outreach or marketing to
    enroll new veterans within their respective Networks.
        Sec. 219.  The Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress a quarterly
    report on the financial status of the Veterans Health Administration.

                         (including transfer of funds)

        Sec. 220.  Amounts made available under the ``Medical services'',
    ``Medical support and compliance'', ``Medical facilities'', ``General
    operating expenses, Veterans Benefits Administration'', ``General
    Administration'', and ``National Cemetery Administration'' accounts for
    fiscal year 2011, may be transferred to or from the ``Information
    technology systems'' account: Provided, That before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority
    to make the transfer and an approval is issued.

                         (including transfer of funds)

        Sec. 221.  Amounts made available for the ``Information technology
    systems'' account may be transferred between projects: Provided, That
    no project may be increased or decreased by more than $1,000,000 of
    cost prior to submitting a request to the Committees on Appropriations
    of both Houses of Congress to make the transfer and an approval is
    issued, or absent a response, a period of 30 days has elapsed.
        Sec. 222. (a) Upon a determination by the Secretary of Veterans
    Affairs that such action is in the national interest, and will have a
    direct benefit for veterans through increased access to treatment, the
    Secretary of Veterans Affairs may transfer not more than $5,000,000 to
    the Secretary of Health and Human Services for the Graduate Psychology
    Education Program, which includes treatment of veterans, to support
    increased training of psychologists skilled in the treatment of post-
    traumatic stress disorder, traumatic brain injury, and related
    disorders.
        (b) The Secretary of Health and Human Services may only use funds
    transferred under this section for the purposes described in subsection
    (a).
        (c) The Secretary of Veterans Affairs shall notify Congress of any
    such transfer of funds under this section.
        Sec. 223.  None of the funds appropriated or otherwise made
    available by this Act or any other Act for the Department of Veterans
    Affairs may be used in a manner that is inconsistent with--
                (1) section 842 of the Transportation, Treasury, Housing
            and Urban Development, the Judiciary, the District of Columbia,
            and Independent Agencies Appropriations Act, 2006 (Public Law
            109-115; 119 Stat. 2506); or
                (2) section 8110(a)(5) of title 38, United States Code.
        Sec. 224.  Of the amounts made available to the Department of
    Veterans Affairs for fiscal year 2011, in this Act or any other Act,
    under the ``Medical facilities'' account for nonrecurring maintenance,
    not more than 20 percent of the funds made available shall be obligated
    during the last 2 months of that fiscal year: Provided, That the
    Secretary may waive this requirement after providing written notice to
    the Committees on Appropriations of both Houses of Congress.

                         (including transfer of funds)

        Sec. 225.  Of the amounts appropriated to the Department of
    Veterans Affairs in this Act, and any other Act, for ``Medical
    services'', ``Medical support and compliance'', ``Medical facilities'',
    ``Construction, minor projects'', and ``Information technology
    systems'', up to $235,360,000, plus reimbursements, may be transferred
    to the Joint Department of Defense-Department of Veterans Affairs
    Medical Facility Demonstration Fund, established by section 1704 of
    title XVII of division A of Public Law 111-84, and shall be available
    to fund operations of the integrated Captain James A. Lovell Federal
    Health Care Center, consisting of the North Chicago Veteran Affairs
    Medical Center, and Navy Ambulatory Care Center, and supporting
    facilities designated as a combined Federal medical facility as
    described by Section 706 of Public Law 110-417: Provided, That
    additional funds may be transferred from accounts designated in this
    section to the Joint Department of Defense-Department of Veterans
    Affairs Medical Facility Demonstration Fund upon written notification
    by the Secretary of Veterans Affairs to the Committees on
    Appropriations of both Houses of Congress.

                         (including transfer of funds)

        Sec. 226.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, for health care provided at the Captain James A. Lovell Federal
    Health Care Center may be transferred to the Joint Department of
    Defense-Department of Veterans Affairs Medical Facility Demonstration
    Fund, established by section 1704 of title XVII of division A of Public
    Law 111-84, and shall be available to fund operations of the integrated
    Captain James A. Lovell Federal Health Care Center, consisting of the
    North Chicago Veteran Affairs Medical Center, and Navy Ambulatory Care
    Center, and supporting facilities designated as a combined Federal
    medical facility as described by section 1706 of Public Law 110-417.

                         (including transfer of funds)

        Sec. 227.  Of the amounts available in this title for ``Medical
    services'', ``Medical support and compliance'', and ``Medical
    facilities'', a minimum of $15,000,000, shall be transferred to the
    Department of Defense/Department of Veterans Affairs Health Care
    Sharing Incentive Fund, as authorized by section 8111(d) of title 38,
    United States Code, to remain available until expended, for any purpose
    authorized by section 8111 of title 38, United States Code.

                        (including rescission of funds)

        Sec. 228. (a) Of the funds appropriated in the Military
    Construction and Veterans Affairs and Related Agencies Appropriations
    Act, 2010 (Public Law 111-117, division E), the following amounts which
    become available on October 1, 2010, are hereby rescinded from the
    following accounts in the amounts specified:
                ``Medical services'', Department of Veterans Affairs,
            $1,015,000,000;
                ``Medical support and compliance'', Department of Veterans
            Affairs, $145,000,000; and
                ``Medical facilities'', Department of Veterans Affairs,
            $145,000,000.
        (b) An additional amount is appropriated to the following accounts
    in the amounts specified, to become available on October 1, 2010, and
    to remain available until September 30, 2012:
                ``Medical services'', Department of Veterans Affairs,
            $1,015,000,000;
                ``Medical support and compliance'', Department of Veterans
            Affairs, $145,000,000; and
                ``Medical facilities'', Department of Veterans Affairs,
            $145,000,000.
        Sec. 229.  The Secretary of the Department of Veterans Affairs
    shall notify the Committees on Appropriations of both Houses of
    Congress of all bid savings in major construction projects that total
    at least $5,000,000, or 5 percent of the programmed amount of the
    project, whichever is less: Provided, That such notification shall
    occur within 14 days of a contract identifying the programmed amount:
    Provided further, That the Secretary shall notify the committees 14
    days prior to the obligation of such bid savings and shall describe the
    anticipated use of such savings.
        Sec. 230.  The scope of work for a project included in
    ``Construction, major projects'' may not be increased above the scope
    specified for that project in the original justification data provided
    to the Congress as part of the request for appropriations.
        Sec. 231.  Of the amounts made available for fiscal year 2011 for
    ``Medical facilities'' in Public Law 111-117, $162,734,000 shall be
    available for renewable energy projects at the Department of Veterans
    Affairs medical facility campuses subject to section 8103 of title 38,
    United States Code.
        Sec. 232.  For an additional amount for fiscal year 2011 for
    ``Medical services'', $74,776,000.
        Sec. 233.  For an additional amount for fiscal year 2011 for
    ``Medical facilities'', $35,000,000.
        Sec. 234.  In the Senate, section 902 of Public Law 111-212, the
    Supplemental Appropriations Act, 2010, shall be subject to section 3002
    of that Act and accordingly is designated as an emergency requirement
    and necessary to meet emergency needs pursuant to section 403(a) of S.
    Con. Res. 13 (111th Congress), the concurrent resolution on the budget
    for fiscal year 2010.

                                   TITLE III

                                RELATED AGENCIES

                      American Battle Monuments Commission

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor vehicles; not to exceed $7,500
    for official reception and representation expenses; and insurance of
    official motor vehicles in foreign countries, when required by law of
    such countries, $67,200,000, to remain available until expended.

                     foreign currency fluctuations account

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, such sums as may be necessary, to remain
    available until expended, for purposes authorized by section 2109 of
    title 36, United States Code.

               United States Court of Appeals for Veterans Claims

                             salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $28,297,000: Provided, That
    $2,515,229 shall be available for the purpose of providing financial
    assistance as described, and in accordance with the process and
    reporting procedures set forth, under this heading in Public Law 102-
    229.

                          Department of Defense--Civil

                           Cemeterial Expenses, Army

                             salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of two
    passenger motor vehicles for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $50,340,000, to
    remain available until expended: Provided, That none of the funds
    available under this heading shall be for construction of a perimeter
    wall at Arlington National Cemetery. In addition, such sums as may be
    necessary for parking maintenance, repairs and replacement, to be
    derived from the Lease of Department of Defense Real Property for
    Defense Agencies account.
        Funds appropriated under this Act may be provided to Arlington
    County, Virginia, for the relocation of the federally owned water main
    at Arlington National Cemetery making additional land available for
    ground burials.

                          Armed Forces Retirement Home

                                   trust fund

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $71,200,000, of which $2,000,000 shall
    remain available until expended for construction and renovation of the
    physical plants at the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi.

                                    TITLE IV

                        OVERSEAS CONTINGENCY OPERATIONS

                             Department of Defense

                          Military Construction, Army

                         (including transfer of funds)

        For an additional amount for ``Military Construction, Army'',
    $918,845,000, to remain available until September 30, 2013: Provided,
    That of the amount appropriated, $7,000,000 shall be transferred to
    ``Department of Defense--Other Department of Defense Programs--Office
    of the Inspector General'', to be merged with and to be available for
    the same time period as the appropriation to which transferred, for the
    purpose of carrying out audits of military construction projects in
    Afghanistan: Provided further, That this transfer authority is in
    addition to any other transfer authority available to the Department of
    Defense.

                  Military Construction, Navy and Marine Corps

        For an additional amount for ``Military Construction, Navy and
    Marine Corps'', $160,430,000, to remain available until September 30,
    2013.

                        Military Construction, Air Force

        For an additional amount for ``Military Construction, Air Force'',
    $129,266,000, to remain available until September 30, 2013.

                      Military Construction, Defense-wide

        For an additional amount for ``Military Construction, Defense-
    Wide'', $48,461,000, to remain available until September 30, 2013:
    Provided, That notwithstanding any other provision of law, $46,500,000
    may be obligated and expended to construct facilities in a foreign
    country for the National Security Agency.

                           Administrative Provisions

        Sec. 401.  Each amount in this title is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).

                         (including transfer of funds)

        Sec. 402.  Of the unobligated balances available under the headings
    ``Military Construction, Army'' and ``Military Construction, Air
    Force'' in title IV of division E of Public Law 111-117, a total of up
    to $250,000,000 may be transferred among projects and activities within
    those accounts to accommodate cost and scope increases or changes of
    location, or may be used to undertake military construction projects
    not otherwise authorized by law that are necessary to support urgent
    military operational requirements in Afghanistan: Provided, That not
    less than 14 days before undertaking a military construction project as
    described under this section, the Secretary of Defense shall notify the
    congressional defense committees of the proposed reprogramming of funds
    and the details and estimated cost of the construction project:
    Provided further, That section 401 of this title shall not apply to the
    funds available in this provision.

                         (including transfer of funds)

        Sec. 403.  Of the unobligated balances available under the headings
    ``Military Construction, Army'' and ``Military Construction, Air
    Force'' in chapter 9 of title I of Public Law 111-212, a total of up to
    $250,000,000 may be transferred among projects and activities within
    those accounts to accommodate cost and scope increases or changes of
    location, or may be used to undertake military construction projects
    not otherwise authorized by law that are necessary to support urgent
    military operational requirements in Afghanistan: Provided, That not
    less than 14 days before undertaking a military construction project as
    described under this section, the Secretary of Defense shall notify the
    congressional defense committees of the proposed reprogramming of funds
    and the details and estimated cost of the construction project.
        Sec. 404.  Notwithstanding any other provision of law, funds
    appropriated or otherwise made available by this title may be obligated
    and expended to carry out planning and design and military construction
    projects not otherwise authorized by law.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 502.  Such sums as may be necessary for fiscal year 2011 for
    pay raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 503.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 504.  No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution, or use of
    any kit, pamphlet, booklet, publication, radio, television, or film
    presentation designed to support or defeat legislation pending before
    Congress, except in presentation to Congress itself.
        Sec. 505.  All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public
    service activities.
        Sec. 506.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this or any other appropriations Act.
        Sec. 507.  Unless stated otherwise, all reports and notifications
    required by this Act shall be submitted to the Subcommittee on Military
    Construction and Veterans Affairs, and Related Agencies of the
    Committee on Appropriations of the House of Representatives and the
    Subcommittee on Military Construction and Veterans Affairs, and Related
    Agencies of the Committee on Appropriations of the Senate.
        Sec. 508.  None of the funds made available in this Act may be used
    for a project or program named for an individual serving as a Member,
    Delegate, or Resident Commissioner of the United States House of
    Representatives.
        Sec. 509. (a) Any agency receiving funds made available in this
    Act, shall, subject to subsections (b) and (c), post on the public
    website of that agency any report required to be submitted by the
    Congress in this or any other Act, upon the determination by the head
    of the agency that it shall serve the national interest.
        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains confidential or proprietary
            information.
        (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee
    or Committees of Congress for no less than 45 days.
        Sec. 510.  None of the funds made available in this Act may be used
    for the processing of new enhanced-use leases at the National Home for
    Disabled Volunteer Soldiers located in Milwaukee, Wisconsin.
        Sec. 511.  For an additional amount for the Department of Veterans
    Affairs for ``Construction, Major Projects'', $46,550,000, to remain
    available until expended: Provided, That such funds shall be for the
    construction of a Nursing Home Care Unit at the Beckley, West Virginia,
    Veterans Affairs Medical Center: Provided further, That notwithstanding
    any other provision of law, such funds may be obligated and expended to
    carry out planning and design and major medical facility construction
    not otherwise authorized by law.
        Sec. 512.  The Department of Veterans Affairs is authorized to
    carry out, as a major medical facility project, seismic corrections and
    renovation of various buildings to include Building 209 for housing
    facilities for homeless veterans at the Department of Veterans Affairs
    Medical Center in West Los Angeles, California, in an amount not to
    exceed $35,500,000: Provided, That notwithstanding any other provision
    of law, the Department of Veterans Affairs may obligate funds derived
    as result of bid savings from major medical facility projects for
    purposes of carrying out this provision.

                        (including rescission of funds)

        Sec. 513.  Of the unobligated balances available for ``Military
    Construction, Army'', from prior appropriations Acts, $200,000,000 are
    hereby rescinded.

                        (including rescission of funds)

        Sec. 514.  Of the unobligated balances available in title X of
    Public Law 111-5 under the headings ``Military Construction, Army'',
    ``Military Construction, Navy and Marine Corps'', ``Military
    Construction, Air Force'', ``Military Construction, Defense-Wide'',
    ``Military Construction, Army National Guard'', and ``Military
    Construction, Air National Guard'', $128,000,000 are hereby rescinded.

                        (including rescission of funds)

        Sec. 515.  Of the unobligated balances available in Title II of
    division E of Public Law 111-117, under the heading ``Departmental
    Administration, Information Technology Systems'', for staffing and
    administrative payroll, $117,505,000 are hereby rescinded.
         This division may be cited as the ``Military Construction and
    Veterans Affairs, and Related Agencies Appropriations Act, 2011''.

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

                                    TITLE I

                     DEPARTMENT OF STATE AND RELATED AGENCY

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                        diplomatic and consular programs

                         (including transfer of funds)

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $9,553,200,000, of which
    $1,560,700,000 is for Worldwide Security Protection: Provided, That the
    Secretary of State may transfer up to $250,000,000 of the total funds
    made available under this heading to any other appropriation of any
    department or agency of the United States, upon the concurrence of the
    head of such department or agency, to support operations in and
    assistance for Afghanistan and to carry out the provisions of the
    Foreign Assistance Act of 1961: Provided further, That funds made
    available under this heading shall be allocated as follows:
                (1) Human resources.--For necessary expenses for training,
            human resources management, and salaries, including employment
            without regard to civil service and classification laws of
            persons on a temporary basis (not to exceed $700,000), as
            authorized by section 801 of the United States Information and
            Educational Exchange Act of 1948, $2,754,289,000, to remain
            available until September 30, 2012, of which not less than
            $140,728,000 shall be available only for public diplomacy
            American salaries, and $249,315,000 is for Worldwide Security
            Protection and shall remain available until expended.
                (2) Overseas programs.--For necessary expenses for the
            regional bureaus of the Department of State and overseas
            activities as authorized by law, $3,432,216,000, to remain
            available until September 30, 2012, of which not less than
            $415,243,000 shall be available only for public diplomacy
            international information programs.
                (3) Diplomatic policy and support.--For necessary expenses
            for the functional bureaus of the Department of State including
            representation to certain international organizations in which
            the United States participates pursuant to treaties ratified
            pursuant to the advice and consent of the Senate or specific
            Acts of Congress, general administration, and arms control,
            nonproliferation and disarmament activities as authorized,
            $884,988,000, to remain available until September 30, 2012.
                (4) Security programs.--For necessary expenses for security
            activities, $2,481,707,000, to remain available until September
            30, 2012, of which $1,311,385,000 is for Worldwide Security
            Protection and shall remain available until expended.
                (5) Fees and payments collected.--In addition to amounts
            otherwise made available under this heading--
                        (A) not to exceed $1,702,904 shall be derived from
                    fees collected from other executive agencies for lease
                    or use of facilities located at the International
                    Center in accordance with section 4 of the
                    International Center Act, and, in addition, as
                    authorized by section 5 of such Act, $505,000, to be
                    derived from the reserve authorized by that section, to
                    be used for the purposes set out in that section;
                        (B) as authorized by section 810 of the United
                    States Information and Educational Exchange Act, not to
                    exceed $6,000,000, to remain available until expended,
                    may be credited to this appropriation from fees or
                    other payments received from English teaching, library,
                    motion pictures, and publication programs and from fees
                    from educational advising and counseling and exchange
                    visitor programs; and
                        (C) not to exceed $15,000, which shall be derived
                    from reimbursements, surcharges and fees for use of
                    Blair House facilities.
                (6) Transfer, reprogramming, and spending plan.--
                        (A) Notwithstanding any provision of this Act,
                    funds may be reprogrammed within and between
                    subsections under this heading subject to section 7015
                    of this Act.
                        (B) Of the amount made available under this
                    heading, not to exceed $12,500,000 may be transferred
                    to, and merged with, funds made available by this Act
                    under the heading ``Emergencies in the Diplomatic and
                    Consular Service'', to be available only for emergency
                    evacuations and rewards, as authorized.
                        (C) Funds appropriated under this heading are
                    available for acquisition by exchange or purchase of
                    passenger motor vehicles as authorized by law and,
                    pursuant to 31 U.S.C. 1108(g), for the field
                    examination of programs and activities in the United
                    States funded from any account contained in this title.
                        (D) Not later than 45 days after the enactment of
                    this Act, the Secretary of State shall submit to the
                    Committees on Appropriations a report detailing planned
                    expenditures for funds appropriated under this heading.
                (7) Property inventory.--Funds appropriated under this
            heading in this Act may not be made available to the Department
            of State for the purchase of vehicles, radios, cell phones, and
            other nonexpendable equipment unless the Secretary of State
            reports, in writing, to the Committees on Appropriations that
            the Department is taking steps to improve inventory procedures,
            including accounting for missing armored vehicles, and for the
            timely disposal of excess equipment.

                       civilian stabilization initiative

        For necessary expenses to support, maintain, mobilize, and deploy a
    civilian response corps in coordination with the United States Agency
    for International Development (USAID), and for related reconstruction
    and stabilization assistance to prevent or respond to conflict or civil
    strife in foreign countries or regions, or to enable transition from
    such strife, $35,000,000, to remain available until expended: Provided,
    That funds made available under this heading may be made available in
    fiscal year 2011 to provide administrative expenses for the Office of
    the Coordinator for Reconstruction and Stabilization: Provided further,
    That notwithstanding any other provision of law, and following
    consultation with the Committees on Appropriations, the President may
    exercise transfer authorities contained in the Foreign Assistance Act
    of 1961 for reconstruction and stabilization assistance managed by the
    Office of the Coordinator for Reconstruction and Stabilization only to
    support an actively deployed Civilian Response Corps, subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That not later than 45 days after enactment of this
    Act, the Secretary of State and the USAID Administrator shall submit a
    coordinated joint spending plan for funds made available under this
    heading and under the heading ``Civilian Stabilization Initiative'' in
    title II of this Act.

                            capital investment fund

        For necessary expenses of the Capital Investment Fund,
    $139,000,000, to remain available until expended, as authorized:
    Provided, That section 135(e) of Public Law 103-236 shall not apply to
    funds available under this heading.

                          office of inspector general

        For necessary expenses of the Office of Inspector General,
    $115,000,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections, of
    which $22,000,000 shall be for the Special Inspector General for Iraq
    Reconstruction for reconstruction oversight, and $30,287,000 shall be
    for the Special Inspector General for Afghanistan Reconstruction for
    reconstruction oversight.

                   educational and cultural exchange programs

        For expenses of educational and cultural exchange programs, as
    authorized, $654,200,000, to remain available until expended: Provided,
    That not to exceed $5,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                           representation allowances

        For representation allowances as authorized, $8,175,000.

                  protection of foreign missions and officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $30,000,000, to remain available until September 30, 2012.

                embassy security, construction, and maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $913,300,000, to remain
    available until expended as authorized, of which not to exceed $25,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall
    be available for acquisition of furniture, furnishings, or generators
    for other departments and agencies.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $925,000,000, to remain
    available until expended: Provided, That not later than 45 days after
    enactment of this Act, the Secretary of State shall submit to the
    Committees on Appropriations the proposed allocation of funds made
    available under this heading and the actual and anticipated proceeds of
    sales for all projects in fiscal year 2011.

               emergencies in the diplomatic and consular service

                         (including transfer of funds)

        For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $10,500,000, to remain available until expended as authorized, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account'', subject to the same terms and conditions.

                       repatriation loans program account

                         (including transfer of funds)

        For the cost of direct loans, $739,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $711,000, which may be transferred to, and merged
    with, funds made available under the heading ``Diplomatic and Consular
    Programs''.

                  payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $21,420,000.

         payment to the foreign service retirement and disability fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

                          International Organizations

                  contributions to international organizations

        For necessary expenses, not otherwise provided for, to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions or specific Acts of Congress, $1,545,430,000:
    Provided, That the Secretary of State shall, at the time of the
    submission of the President's budget to Congress under section 1105(a)
    of title 31, United States Code, transmit to the Committees on
    Appropriations the most recent biennial budget prepared by the United
    Nations for the operations of the United Nations: Provided further,
    That the Secretary of State shall notify the Committees on
    Appropriations at least 15 days in advance (or in an emergency, as far
    in advance as is practicable) of any United Nations action to increase
    funding for any United Nations program without identifying an
    offsetting decrease elsewhere in the United Nations budget:  Provided
    further, That notwithstanding any other provision of law, credits to
    United States assessed contributions to the United Nations Tax
    Equalization Fund should be used to offset other assessed contributions
    to the United Nations, subject to the regular notification procedures
    of the Committees on Appropriations: Provided further, That any payment
    of arrearages under this heading shall be directed toward activities
    that are mutually agreed upon by the United States and the respective
    international organization: Provided further, That none of the funds
    appropriated under this heading shall be available for a United States
    contribution to an international organization for the United States
    share of interest costs made known to the United States Government by
    such organization for loans incurred on or after October 1, 1984,
    through external borrowings: Provided further, That the reporting
    requirement in section 7052 of division F of Public Law 111-117 shall
    continue to be in effect until September 30, 2011.

            contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $2,096,382,000, of
    which 15 percent shall remain available until September 30, 2012:
    Provided, That at least 15 days in advance of voting for a new or
    expanded mission in the United Nations Security Council (or in an
    emergency as far in advance as is practicable): (1) the Committees on
    Appropriations shall be notified of the estimated cost and length of
    the mission, the national interest that will be served, the planned
    exit strategy, and that the United Nations has taken appropriate
    measures to prevent United Nations employees, contractor personnel, and
    peacekeeping forces serving in the mission from trafficking in persons,
    exploiting victims of trafficking, or committing acts of illegal sexual
    exploitation, and to hold accountable individuals who engage in such
    acts while participating in the peacekeeping mission, including the
    prosecution in their home countries of such individuals in connection
    with such acts; and (2) notification pursuant to section 7015 of this
    Act is submitted, and the procedures therein followed, setting forth
    the source of funds that will be used to pay for the cost of the new or
    expanded mission: Provided further, That funds shall be available for
    peacekeeping expenses unless the Secretary of State determines that
    American manufacturers and suppliers are not being given opportunities
    to provide equipment, services, and material for United Nations
    peacekeeping activities equal to those being given to foreign
    manufacturers and suppliers: Provided further, That the Secretary of
    State should work with the United Nations and governments contributing
    peacekeeping troops to develop effective vetting procedures to ensure
    that troops have not been credibly alleged to have violated human
    rights:  Provided further, That notwithstanding any other provision of
    law, credits to United States assessed contributions to the United
    Nations Tax Equalization Fund should be used to offset other assessed
    contributions to the United Nations, subject to the regular
    notification procedures of the Committees on Appropriations.

                           International Commissions

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

     international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation; as follows:

                             salaries and expenses

        For salaries and expenses, not otherwise provided for, $47,431,000.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $26,900,000, to remain available until expended, as
    authorized.

                  american sections, international commissions

        For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and the Border
    Environment Cooperation Commission as authorized by Public Law 103-182,
    $12,655,000: Provided, That of the amount provided under this heading
    for the International Joint Commission, $9,000 may be made available
    for representation expenses.

                      international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $51,000,000, of which
    $500,000 shall remain available until September 30, 2012: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324: Provided further,
    That in addition to other funds available for such purposes, funds
    available under this heading may be used to make payments necessary to
    fulfill the United States' obligations under the Pacific Salmon Treaty.

                                 RELATED AGENCY

                        Broadcasting Board of Governors

                     international broadcasting operations

        For necessary expenses to enable the Broadcasting Board of
    Governors (BBG), as authorized, to carry out international
    communication activities, including the purchase, rent, construction,
    and improvement of facilities for radio and television transmission and
    reception and purchase, lease, and installation of necessary equipment
    for radio and television transmission and reception to Cuba, and to
    make and supervise grants for radio and television broadcasting to the
    Middle East, $744,500,000: Provided, That of the total amount in this
    heading, not to exceed $16,000 may be used for official receptions
    within the United States as authorized, not to exceed $35,000 may be
    used for representation abroad as authorized, and not to exceed $39,000
    may be used for official reception and representation expenses of Radio
    Free Europe/Radio Liberty: Provided further, That the authority
    provided by section 504(c) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain
    in effect through September 30, 2011: Provided further, That the BBG
    shall notify the Committees on Appropriations within 15 days of any
    determination by the Board that any of its broadcast entities,
    including its grantee organizations, provides an open platform for
    international terrorists or those who support international terrorism,
    or is in violation of the principles and standards set forth in the
    United States International Broadcasting Act of 1994 (22 U.S.C. 6202(a)
    and (b)) or the entity's journalistic code of ethics: Provided further,
    That reductions and increases to BBG broadcast hours previously
    justified to Congress, including changes to transmission platforms
    (shortwave, medium wave, satellite, and television), for all BBG
    language services shall be subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    in addition to funds made available under this heading, and
    notwithstanding any other provision of law, up to $2,000,000 in
    receipts from advertising and revenue from business ventures, up to
    $500,000 in receipts from cooperating international organizations, and
    up to $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, to remain available
    until expended for carrying out authorized purposes.

                       broadcasting capital improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio and television transmission and reception, and purchase and
    installation of necessary equipment for radio and television
    transmission and reception as authorized, $6,875,000, to remain
    available until expended, as authorized.

                                RELATED PROGRAMS

                              The Asia Foundation

        For a grant to The Asia Foundation, as authorized by The Asia
    Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until
    expended, as authorized.

                        United States Institute of Peace

        For necessary expenses of the United States Institute of Peace, as
    authorized by the United States Institute of Peace Act, $44,050,000, to
    remain available until September 30, 2012, which shall not be used for
    construction activities.

             Center for Middle Eastern-Western Dialogue Trust Fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, the total amount of the interest and earnings
    accruing to such Fund on or before September 30, 2011, to remain
    available until expended.

                     Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2011, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.

                        Israeli Arab Scholarship Program

        For necessary expenses of the Israeli Arab Scholarship Program, as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September
    30, 2011, to remain available until expended.

                                East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $23,100,000: Provided, That none of the funds appropriated herein shall
    be used to pay any salary, or enter into any contract providing for the
    payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                        National Endowment for Democracy

        For grants made by the Department of State to the National
    Endowment for Democracy, as authorized by the National Endowment for
    Democracy Act, $118,000,000, to remain available until expended, of
    which $100,000,000 shall be allocated in the traditional and customary
    manner, including for the core institutes, and $18,000,000 shall be for
    democracy, human rights, and rule of law programs: Provided, That the
    President of the National Endowment for Democracy shall submit to the
    Committees on Appropriations not later than 45 days after the date of
    enactment of this Act a report on the proposed uses of funds under this
    heading on a regional and country basis.
        In addition, for grants made by the Department of State to the
    National Endowment for Democracy, as authorized by the National
    Endowment for Democracy Act, $10,500,000 for small grants for democracy
    programs in Egypt, Pakistan, Cuba, North Korea, and the Democratic
    Republic of the Congo.

                               OTHER COMMISSIONS

          Commission for the Preservation of America's Heritage Abroad

                             salaries and expenses

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $647,000, as authorized by section 1303 of
    Public Law 99-83.

          United States Commission on International Religious Freedom

                             salaries and expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $4,350,000, to remain available until September 30, 2012: Provided,
    That notwithstanding the expenditure limitation specified in section
    208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may
    expend up to $250,000 of the funds made available under this heading to
    procure temporary and intermittent services under the authority of
    section 3109(b) of title 5, United States Code.

                Commission on Security and Cooperation in Europe

                             salaries and expenses

        For necessary expenses of the Commission on Security and
    Cooperation in Europe, as authorized by Public Law 94-304, $2,715,000,
    to remain available until September 30, 2012.

      Congressional-Executive Commission on the People's Republic of China

                             salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $2,000,000, including
    not more than $3,000 for the purpose of official representation, to
    remain available until September 30, 2012.

          United States-China Economic and Security Review Commission

                             salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $3,625,000, including not more than $4,000
    for the purpose of official representation, to remain available until
    September 30, 2012: Provided, That the second through sixth provisos
    under this heading in division F of Public Law 111-117 shall continue
    in effect during fiscal year 2011 and shall apply as if part of this
    Act.

                                    TITLE II

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Funds Appropriated to the President

                               operating expenses

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $1,392,000,000, of which up to
    $160,000,000 may remain available until September 30, 2012: Provided,
    That none of the funds appropriated under this heading and under the
    heading ``Capital Investment Fund'' in this title may be made available
    to finance the construction (including architect and engineering
    services), purchase, or long-term lease of offices for use by the
    United States Agency for International Development (USAID), unless the
    USAID Administrator has identified such proposed construction
    (including architect and engineering services), purchase, or long-term
    lease of offices in a report submitted to the Committees on
    Appropriations at least 15 days prior to the obligation of funds for
    such purposes: Provided further, That the previous proviso shall not
    apply when the total cost of construction (including architect and
    engineering services), purchase, or long-term lease of offices does not
    exceed $1,000,000: Provided further, That of the funds appropriated
    under this heading that are available for capital investments related
    to the Development Leadership Initiative, up to $37,457,000 may remain
    available until September 30, 2014: Provided further, That contracts or
    agreements entered into with funds appropriated under this heading may
    entail commitments for the expenditure of such funds through the
    following fiscal year: Provided further, That any decision to open a
    new USAID mission or office or, except where there is a substantial
    security risk to mission personnel, to close or significantly reduce
    the number of personnel of any such mission or office, shall be subject
    to the regular notification procedures of the Committees on
    Appropriations: Provided further, That the authority of sections 610
    and 109 of the Foreign Assistance Act of 1961 may be exercised by the
    Secretary of State to transfer funds appropriated to carry out chapter
    1 of part I of such Act to ``Operating Expenses'' in accordance with
    the provisions of those sections: Provided further, That of the funds
    appropriated or made available under this heading, not to exceed
    $250,000 may be available for representation and entertainment
    allowances, of which not to exceed $5,000 may be available for
    entertainment allowances, for USAID during the current fiscal year:
    Provided further, That no such entertainment funds may be used for the
    purposes listed in section 7020 of this Act: Provided further, That
    appropriate steps shall be taken to assure that, to the maximum extent
    possible, United States-owned foreign currencies are utilized in lieu
    of dollars: Provided further, That not later than 45 days after
    enactment of this Act, the USAID Administrator shall submit to the
    Committees on Appropriations a report detailing planned expenditures
    for funds appropriated under this heading.

                       civilian stabilization initiative

        For necessary expenses to carry out section 667 of the Foreign
    Assistance Act of 1961 for the United States Agency for International
    Development (USAID) to support, maintain, mobilize, and deploy a
    Civilian Response Corps in coordination with the Department of State,
    and for related reconstruction and stabilization assistance to prevent
    or respond to conflict or civil strife in foreign countries or regions,
    or to enable transition from such strife, $15,000,000, to remain
    available until September 30, 2012: Provided, That not later than 45
    days after enactment of this Act, the Secretary of State and the USAID
    Administrator shall submit a coordinated joint spending plan for funds
    made available under this heading and under the heading ``Civilian
    Stabilization Initiative'' in title I of this Act.

                            capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $173,000,000, to remain available until
    expended, of which not more than $122,100,000 may be made available for
    the purpose of implementing the Capital Security Cost-Sharing Program:
    Provided, That this amount is in addition to funds otherwise available
    for such purposes: Provided further, That funds appropriated under this
    heading shall be available for obligation only pursuant to the regular
    notification procedures of the Committees on Appropriations.

                          office of inspector general

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $46,500,000, to remain available
    until September 30, 2012, which shall be available for the Office of
    Inspector General of the United States Agency for International
    Development.

                                   TITLE III

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

        For necessary expenses to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2012, unless
    otherwise specified herein, as follows:

                        global health and child survival

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for global
    health activities, in addition to funds otherwise available for such
    purposes, $2,722,000,000, which shall be apportioned directly to the
    United States Agency for International Development (USAID): Provided,
    That this amount shall be made available for training, equipment, and
    technical assistance to build the capacity of public health
    institutions and organizations in developing countries, and for such
    activities as: (1) child survival and maternal health programs; (2)
    immunization and oral rehydration programs; (3) other health,
    nutrition, water and sanitation programs which directly address the
    needs of mothers and children, and related education programs; (4)
    assistance for children displaced or orphaned by causes other than
    AIDS; (5) programs for the prevention, treatment, control of, and
    research on HIV/AIDS, tuberculosis, polio, malaria, and other
    infectious diseases including neglected tropical diseases, and for
    assistance to communities severely affected by HIV/AIDS, including
    children infected or affected by AIDS; and (6) family planning/
    reproductive health: Provided further, That none of the funds
    appropriated under this paragraph may be made available for nonproject
    assistance, except that funds may be made available for such assistance
    for ongoing health activities: Provided further, That funds
    appropriated under this paragraph shall be made available for a United
    States contribution to the GAVI Alliance: Provided further, That none
    of the funds made available in this Act nor any unobligated balances
    from prior appropriations Acts may be made available to any
    organization or program which, as determined by the President of the
    United States, supports or participates in the management of a program
    of coercive abortion or involuntary sterilization: Provided further,
    That any determination made under the previous proviso must be
    accompanied by the evidence and criteria utilized to make the
    determination: Provided further, That none of the funds made available
    under this Act may be used to pay for the performance of abortion as a
    method of family planning or to motivate or coerce any person to
    practice abortions: Provided further, That nothing in this paragraph
    shall be construed to alter any existing statutory prohibitions against
    abortion under section 104 of the Foreign Assistance Act of 1961:
    Provided further, That none of the funds made available under this Act
    may be used to lobby for or against abortion: Provided further, That in
    order to reduce reliance on abortion in developing nations, funds shall
    be available only to voluntary family planning projects which offer,
    either directly or through referral to, or information about access to,
    a broad range of family planning methods and services, and that any
    such voluntary family planning project shall meet the following
    requirements: (1) service providers or referral agents in the project
    shall not implement or be subject to quotas, or other numerical
    targets, of total number of births, number of family planning
    acceptors, or acceptors of a particular method of family planning (this
    provision shall not be construed to include the use of quantitative
    estimates or indicators for budgeting and planning purposes); (2) the
    project shall not include payment of incentives, bribes, gratuities, or
    financial reward to: (A) an individual in exchange for becoming a
    family planning acceptor; or (B) program personnel for achieving a
    numerical target or quota of total number of births, number of family
    planning acceptors, or acceptors of a particular method of family
    planning; (3) the project shall not deny any right or benefit,
    including the right of access to participate in any program of general
    welfare or the right of access to health care, as a consequence of any
    individual's decision not to accept family planning services; (4) the
    project shall provide family planning acceptors comprehensible
    information on the health benefits and risks of the method chosen,
    including those conditions that might render the use of the method
    inadvisable and those adverse side effects known to be consequent to
    the use of the method; and (5) the project shall ensure that
    experimental contraceptive drugs and devices and medical procedures are
    provided only in the context of a scientific study in which
    participants are advised of potential risks and benefits; and, not less
    than 60 days after the date on which the USAID Administrator determines
    that there has been a violation of the requirements contained in
    paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
    practice of violations of the requirements contained in paragraph (4)
    of this proviso, the Administrator shall submit to the Committees on
    Appropriations a report containing a description of such violation and
    the corrective action taken by the Agency: Provided further, That in
    awarding grants for natural family planning under section 104 of the
    Foreign Assistance Act of 1961 no applicant shall be discriminated
    against because of such applicant's religious or conscientious
    commitment to offer only natural family planning; and, additionally,
    all such applicants shall comply with the requirements of the previous
    proviso: Provided further, That for purposes of this or any other Act
    authorizing or appropriating funds for the Department of State, foreign
    operations, and related programs, the term ``motivate'', as it relates
    to family planning assistance, shall not be construed to prohibit the
    provision, consistent with local law, of information or counseling
    about all pregnancy options: Provided further, That information
    provided about the use of condoms as part of projects or activities
    that are funded from amounts appropriated by this Act shall be
    medically accurate and shall include the public health benefits and
    failure rates of such use.
        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $5,500,000,000, to remain
    available until September 30, 2013, which shall be apportioned directly
    to the Department of State: Provided, That of the funds appropriated
    under this paragraph, not less than $825,000,000 shall be made
    available, notwithstanding any other provision of law, except for the
    United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act
    of 2003 (Public Law 108-25), as amended, for a United States
    contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria
    (Global Fund), and shall be expended at the minimum rate necessary to
    make timely payment for projects and activities: Provided further, That
    up to 5 percent of the aggregate amount of funds made available to the
    Global Fund in fiscal year 2011 may be made available to USAID for
    technical assistance related to the activities of the Global Fund:
    Provided further, That of the funds appropriated under this paragraph,
    up to $14,250,000 may be made available, in addition to amounts
    otherwise available for such purposes, for administrative expenses of
    the Office of the United States Global AIDS Coordinator: Provided
    further, That funds appropriated for HIV/AIDS programs and activities
    under this paragraph in this Act and in prior acts making
    appropriations for the Department of State, foreign operations, and
    related programs shall be subject to the regular notification
    procedures of the Committees on Appropriations, including reprogramming
    requirements contained in sections 7015 and 7019 of this Act.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, 214, and sections 251 through 255, and chapter 10 of part I
    of the Foreign Assistance Act of 1961, $2,767,700,000: Provided, That
    relevant bureaus and offices of the United States Agency for
    International Development (USAID) that support cross-cutting
    development programs shall coordinate such programs on a regular basis:
    Provided further, That funds appropriated by this Act shall be made
    available for water and sanitation supply projects pursuant to the Paul
    Simon Water for the Poor Act of 2005 (Public Law 109-121): Provided
    further, That funds appropriated by this Act for food security and
    agricultural development programs may be made available notwithstanding
    any other provision of law and shall be made available for a United
    States contribution to the endowment of the Global Crop Diversity Trust
    pursuant to section 3202 of Public Law 110-246: Provided further, That
    the USAID Administrator should provide grants and cooperative
    agreements for private voluntary organizations and cooperatives to
    carry out agriculture, rural development and related programs
    authorized under the Foreign Assistance Act of 1961: Provided further,
    That of the funds appropriated in this Act for food security and
    agricultural development programs, up to $100,000,000 may be made
    available for payment by the Secretary of the Treasury for a United
    States contribution to a global food security fund: Provided further,
    That funds appropriated under this heading shall be made available for
    programs to improve women's leadership capacity in recipient countries.

                       international disaster assistance

        For necessary expenses to carry out the provisions of section 491
    of the Foreign Assistance Act of 1961 for international disaster
    relief, rehabilitation, and reconstruction assistance, $851,000,000, to
    remain available until expended.

                             transition initiatives

        For necessary expenses for international disaster rehabilitation
    and reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $55,000,000, to remain available until
    expended, to support transition to democracy and to long-term
    development of countries in crisis: Provided, That such support may
    include assistance to develop, strengthen, or preserve democratic
    institutions and processes, revitalize basic infrastructure, and foster
    the peaceful resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new program of assistance: Provided further, That if the Secretary of
    State determines that it is important to the national interests of the
    United States to provide transition assistance in excess of the amount
    appropriated under this heading, up to $15,000,000 of the funds
    appropriated by this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961 may be used for purposes of this heading
    and under the authorities applicable to funds appropriated under this
    heading: Provided further, That funds made available pursuant to the
    previous proviso shall be made available subject to prior consultation
    with the Committees on Appropriations.

                              complex crises fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 to enable the Administrator of the United States
    Agency for International Development (USAID), with the concurrence of
    the Secretary of State, to support programs and activities to prevent
    or respond to emerging or unforeseen complex crises overseas,
    $55,000,000, to remain available until expended: Provided, That the
    administrative authorities of the Foreign Assistance Act of 1961 shall
    be applicable to the funds appropriated under the heading: Provided
    further, That funds appropriated under this heading may be made
    available on such terms and conditions as the USAID Administrator may
    determine, in consultation with the Committees on Appropriations, for
    the purposes of preventing or responding to such crises, except that no
    funds shall be made available to respond to natural disasters: Provided
    further, That funds appropriated under this heading shall be made
    available notwithstanding section 10 of Public Law 91-672 and section
    15 of the State Department Basic Authorities Act of 1956: Provided
    further, That funds appropriated under this heading may be made
    available notwithstanding any other provision of law, except sections
    7007, 7008, and 7018 of this Act and section 620M of the Foreign
    Assistance Act of 1961, as amended by this Act: Provided further, That
    funds appropriated under this heading shall be subject to the regular
    notification procedures of the Committees on Appropriations, except
    that such notifications shall be transmitted at least 5 days in advance
    of the obligation of funds: Provided further, That the provisions of
    section 7015(e) of this Act shall apply to funds made available under
    this heading.

                          development credit authority

                         (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development (USAID), as
    authorized by sections 256 and 635 of the Foreign Assistance Act of
    1961, up to $35,000,000 may be derived by transfer from funds
    appropriated by this Act to carry out part I of such Act and under the
    heading ``Assistance for Europe, Eurasia and Central Asia'': Provided,
    That funds provided under this paragraph and funds provided as a gift
    pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall
    be made available only for micro and small enterprise programs, urban
    programs, and other programs which further the purposes of part I of
    such Act: Provided further, That such costs, including the cost of
    modifying such direct and guaranteed loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That funds made available by this paragraph may be
    used for the cost of modifying any such guaranteed loans under this Act
    or prior Acts, and funds used for such costs shall be subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That the provisions of section 107A(d) (relating to
    general provisions applicable to the Development Credit Authority) of
    the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
    1486 as reported by the House Committee on International Relations on
    May 9, 1997, shall be applicable to direct loans and loan guarantees
    provided under this heading: Provided further, That these funds are
    available to subsidize total loan principal, any portion of which is to
    be guaranteed, of up to $1,000,000,000.
        In addition, for administrative expenses to carry out credit
    programs administered by USAID, $8,300,000, which may be transferred
    to, and merged with, funds made available under the heading ``Operating
    Expenses'' in title II of this Act: Provided, That funds made available
    under this heading shall remain available until September 30, 2013.

                             economic support fund

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $6,787,589,000:
    Provided, That of the funds appropriated under this heading,
    $250,000,000 shall be available for assistance for Egypt, of which not
    less than $20,000,000 shall be made available for democracy, human
    rights and governance programs, and not less than $35,000,000 shall be
    made available for education programs, of which not less than
    $10,000,000 is for scholarships for Egyptian students with high
    financial need: Provided further, That of the funds appropriated under
    this heading, not more than $400,400,000 may be made available for
    assistance for the West Bank and Gaza, except that up to an additional
    $9,300,000 may be made available for such assistance from funds
    appropriated for the Middle East Partnership Initiative: Provided
    further, That not more than $200,000,000 of the funds provided for the
    West Bank and Gaza shall be for cash transfer assistance: Provided
    further, That funds appropriated under this heading that are made
    available for assistance for Cyprus shall be used only for
    scholarships, administrative support of the scholarship program,
    bicommunal projects, and measures aimed at reunification of the island
    and designed to reduce tensions and promote peace and cooperation
    between the two communities on Cyprus: Provided further, That
    $12,000,000 of the funds made available for assistance for Lebanon
    under this heading shall be for scholarships for students in Lebanon
    with high financial need: Provided further, That of the funds
    appropriated under this heading, not less than $360,000,000 shall be
    made available for assistance for Jordan: Provided further, That of the
    funds appropriated under this heading, $195,000,000 shall be
    apportioned directly to the United States Agency for International
    Development for alternative development/institution building programs
    in Colombia: Provided further, That of the funds appropriated under
    this heading that are available for assistance for Colombia, not less
    than $8,000,000 shall be transferred to, and merged with, funds
    appropriated under the heading ``Migration and Refugee Assistance'' and
    shall be made available only for assistance to nongovernmental and
    international organizations that provide assistance to Colombian
    refugees in neighboring countries.

                                 democracy fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    $115,000,000, of which $68,500,000 shall be made available for the
    Human Rights and Democracy Fund of the Bureau of Democracy, Human
    Rights and Labor, Department of State, and $46,500,000 shall be made
    available for the Office of Democracy and Governance of the Bureau for
    Democracy, Conflict, and Humanitarian Assistance, United States Agency
    for International Development.

                assistance for europe, eurasia and central asia

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act, and the Support for
    East European Democracy (SEED) Act of 1989, $709,000,000, to remain
    available until September 30, 2012, which shall be available,
    notwithstanding any other provision of law, for assistance and for
    related programs for countries identified in section 3 of the FREEDOM
    Support Act and section 3(c) of the SEED Act: Provided, That funds
    appropriated under this heading shall be considered to be economic
    assistance under the Foreign Assistance Act of 1961 for purposes of
    making available the administrative authorities contained in that Act
    for the use of economic assistance: Provided further, That
    notwithstanding any provision of this or any other Act, funds
    appropriated in prior years under the headings ``Independent States of
    the Former Soviet Union'' and similar headings and ``Assistance for
    Eastern Europe and the Baltic States'' and similar headings, and
    currencies generated by or converted from such funds, shall be
    available for use in any country for which funds are made available
    under this heading without regard to the geographic limitations of the
    heading under which such funds were originally appropriated: Provided
    further, That funds made available for the Southern Caucasus region may
    be used for confidence-building measures and other activities in
    furtherance of the peaceful resolution of conflicts, including in
    Nagorno-Karabakh.

                              Department of State

                        migration and refugee assistance

        For necessary expenses, not otherwise provided for, to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses
    of personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title
    5, United States Code; purchase and hire of passenger motor vehicles;
    and services as authorized by section 3109 of title 5, United States
    Code, $1,685,000,000, to remain available until expended, of which not
    less than $25,000,000 shall be made available for refugees resettling
    in Israel, and not less than $35,000,000 shall be made available to
    respond to small-scale emergency humanitarian requirements of
    international and nongovernmental partners.

         united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $45,000,000, to remain available until expended:
    Provided, That section 2(c) of the Migration and Refugee Assistance Act
    of 1962 (22 U.S.C. 2601(c)(2)) is amended in paragraph (1) by striking
    ``President'' and inserting ``Secretary of State'' and in paragraph (2)
    by striking ``$100,000,000'' and inserting ``$200,000,000''.

                              Independent Agencies

                                  peace corps

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (22 U.S.C. 2501-2523), including the purchase of not to
    exceed five passenger motor vehicles for administrative purposes for
    use outside of the United States, $425,000,000, to remain available
    until September 30, 2012: Provided, That the Director of the Peace
    Corps may transfer to the Foreign Currency Fluctuations Account, as
    authorized by 22 U.S.C. 2515, an amount not to exceed $5,000,000:
    Provided further, That funds transferred pursuant to the previous
    proviso may not be derived from amounts made available for Peace Corps
    overseas operations: Provided further, That of the funds appropriated
    under this heading, not to exceed $4,000 may be made available for
    entertainment expenses: Provided further, That any decision to open,
    close, significantly reduce, or suspend a domestic or overseas office
    or country program shall be subject to prior consultation with, and the
    regular notification procedures of, the Committees on Appropriations,
    except that prior consultation and regular notification procedures may
    be waived when there is a substantial security risk to volunteers or
    other Peace Corps personnel, pursuant to section 7015(e) of this Act:
    Provided further, That not later than 45 days after enactment of this
    Act, the Director shall submit a spending plan to the Committees on
    Appropriations on the proposed uses of funds under this heading:
    Provided further, That none of the funds appropriated under this
    heading shall be used to pay for abortions.

                        millennium challenge corporation

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of the
    Millennium Challenge Act of 2003, $1,105,000,000 to remain available
    until expended: Provided, That of the funds appropriated under this
    heading, up to $105,000,000 may be available for administrative
    expenses of the Millennium Challenge Corporation (the Corporation):
    Provided further, That up to 10 percent of the funds appropriated under
    this heading may be made available to carry out the purposes of section
    616 of the Millennium Challenge Act of 2003 for fiscal year 2011:
    Provided further, That section 605(e)(4) of the Millennium Challenge
    Act of 2003 shall apply to funds appropriated under this heading:
    Provided further, That funds appropriated under this heading may be
    made available for a Millennium Challenge Compact entered into pursuant
    to section 609 of the Millennium Challenge Act of 2003 only if such
    Compact obligates, or contains a commitment to obligate subject to the
    availability of funds and the mutual agreement of the parties to the
    Compact to proceed, the entire amount of the United States Government
    funding anticipated for the duration of the Compact: Provided further,
    That the Chief Executive Officer of the Corporation shall notify the
    Committees on Appropriations not later than 15 days prior to signing
    any new country compact or new threshold country program; terminating
    or suspending any country compact or threshold country program; or
    commencing negotiations for any new compact or threshold country
    program: Provided further, That funds appropriated by this Act or any
    prior Act appropriating funds for the Department of State, foreign
    operations, and related programs that are made available for a
    Millennium Challenge Compact and that are suspended or terminated by
    the Chief Executive Officer of the Corporation shall be subject to the
    regular notification procedures of the Committees on Appropriations
    prior to re-obligation: Provided further, That of the funds
    appropriated under this heading, not to exceed $100,000 may be
    available for representation and entertainment allowances, of which not
    to exceed $5,000 may be available for entertainment allowances.

                           inter-american foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $24,500,000: Provided, That of the
    funds appropriated under this heading, not to exceed $2,000 may be
    available for entertainment and representation allowances.

                         african development foundation

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533),
    $30,500,000: Provided, That funds made available to grantees may be
    invested pending expenditure for project purposes when authorized by
    the Board of Directors of the Foundation: Provided further, That
    interest earned shall be used only for the purposes for which the grant
    was made: Provided further, That notwithstanding section 505(a)(2) of
    the African Development Foundation Act, in exceptional circumstances
    the Board of Directors of the Foundation may waive the $250,000
    limitation contained in that section with respect to a project and a
    project may exceed the limitation by up to 10 percent if the increase
    is due solely to foreign currency fluctuation: Provided further, That
    the Foundation shall provide a report to the Committees on
    Appropriations after each time such waiver authority is exercised.

                           Department of the Treasury

                   international affairs technical assistance

        For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961, $30,000,000, to remain available
    until September 30, 2013, which shall be available notwithstanding any
    other provision of law.

                               debt restructuring

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, of modifying concessional credit agreements with least developed
    countries, as authorized under section 411 of the Agricultural Trade
    Development and Assistance Act of 1954, as amended, of concessional
    loans, guarantees and credit agreements, as authorized under section
    572 of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
    owed, as a result of loans or guarantees made pursuant to the Export-
    Import Bank Act of 1945, by countries that are eligible for debt
    reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113, $56,000,000, to remain
    available until September 30, 2013: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That up to $36,000,000 of the
    funds appropriated under this heading may be for the United States
    share of an increase in the resources of the Fund for Special
    Operations of the Inter-American Development Bank in furtherance of
    providing debt relief to Haiti in view of the Cancun Declaration of
    March 21, 2010: Provided further, That amounts paid to the Heavily
    Indebted Poor Countries (HIPC) Trust Fund may be used only to fund debt
    reduction under the enhanced HIPC initiative by--
                (1) the Inter-American Development Bank;
                (2) the African Development Fund;
                (3) the African Development Bank; and
                (4) the Central American Bank for Economic Integration:
    Provided further, That funds may not be paid to the HIPC Trust Fund for
    the benefit of any country if the Secretary of State has credible
    evidence that the central government of such country is engaged in a
    consistent pattern of gross violations of internationally recognized
    human rights or in military or civil conflict that undermines its
    ability to develop and implement measures to alleviate poverty and to
    devote adequate human and financial resources to that end: Provided
    further, That on the basis of final appropriations, the Secretary of
    the Treasury shall consult with the Committees on Appropriations
    concerning which countries and international financial institutions are
    expected to benefit from a United States contribution to the HIPC Trust
    Fund during the fiscal year: Provided further, That the Secretary of
    the Treasury shall notify the Committees on Appropriations not less
    than 15 days in advance of the signature of an agreement by the United
    States to make payments to the HIPC Trust Fund of amounts for such
    countries and institutions: Provided further, That the Secretary of the
    Treasury may disburse funds designated for debt reduction through the
    HIPC Trust Fund only for the benefit of countries that--
                (1) have committed, for a period of 24 months, not to
            accept new market-rate loans from the international financial
            institution receiving debt repayment as a result of such
            disbursement, other than loans made by such institutions to
            export-oriented commercial projects that generate foreign
            exchange which are generally referred to as ``enclave'' loans;
            and
                (2) have documented and demonstrated their commitment to
            redirect their budgetary resources from international debt
            repayments to programs to alleviate poverty and promote
            economic growth that are additional to or expand upon those
            previously available for such purposes:
    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That none of the funds made available under this heading in this or any
    other appropriations Act shall be made available for Sudan or Burma
    unless the Secretary of the Treasury determines and notifies the
    Committees on Appropriations that a democratically elected government
    has taken office.

                                    TITLE IV

                       INTERNATIONAL SECURITY ASSISTANCE

                              Department of State

              international narcotics control and law enforcement

                         (including transfer of funds)

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $1,590,000,000, to remain available until
    September 30, 2012: Provided, That during fiscal year 2011, the
    Department of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its restrictions, to
    receive excess property from an agency of the United States Government
    for the purpose of providing it to a foreign country or international
    organization under chapter 8 of part I of that Act subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That the Secretary of State shall provide to the
    Committees on Appropriations not later than 45 days after the date of
    enactment of this Act and prior to the initial obligation of funds
    appropriated under this heading, a report on the proposed uses of all
    funds under this heading on a country-by-country basis for each
    proposed program, project, or activity: Provided further, That section
    482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
    appropriated under this heading: Provided further, That assistance
    provided with funds appropriated under this heading that is made
    available notwithstanding section 482(b) of the Foreign Assistance Act
    of 1961 shall be made available subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    of the funds appropriated under this heading, $5,000,000 should be made
    available to combat piracy of United States copyrighted materials,
    consistent with the requirements of section 688(a) and (b) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2008 (division J of Public Law 110-161): Provided
    further, That of the funds appropriated under this heading, $15,000,000
    shall be apportioned directly to the United States Agency for
    International Development (USAID) for institution building, judicial
    reform, anti-corruption, rule of law activities, and sustainable
    development programs in Mexico and may be transferred to, and merged
    with, funds appropriated under the heading ``Economic Support Fund'' to
    continue programs administered by USAID: Provided further, That none of
    the funds appropriated under this heading for assistance for Colombia
    shall be made available for budget support or as cash payments:
    Provided further, That none of the funds appropriated under this
    heading shall be made available for assistance for the Bolivian
    military and police unless the Secretary of State determines and
    reports to the Committees on Appropriations that the Government of
    Bolivia is investigating, prosecuting, and punishing military and
    police personnel who have been credibly alleged to have violated
    internationally recognized human rights.

        nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $740,000,000, to carry
    out the provisions of chapter 8 of part II of the Foreign Assistance
    Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
    Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
    section 23 of the Arms Export Control Act or the Foreign Assistance Act
    of 1961 for demining activities, the clearance of unexploded ordnance,
    the destruction of small arms, and related activities, notwithstanding
    any other provision of law, including activities implemented through
    nongovernmental and international organizations, and section 301 of the
    Foreign Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency, and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That of the funds made available under this
    heading, not to exceed $57,000,000, to remain available until expended,
    may be made available for the Nonproliferation and Disarmament Fund,
    notwithstanding any other provision of law, to promote bilateral and
    multilateral activities relating to nonproliferation, disarmament and
    weapons destruction: Provided further, That such funds may also be used
    for such countries other than the Independent States of the former
    Soviet Union and international organizations when it is in the national
    security interest of the United States to do so: Provided further, That
    funds made available for the Nonproliferation and Disarmament Fund
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations: Provided
    further, That funds appropriated under this heading may be made
    available for the IAEA unless the Secretary of State determines that
    Israel is being denied its right to participate in the activities of
    that Agency: Provided further, That of the funds appropriated under
    this heading, not more than $500,000 may be made available for public-
    private partnerships for conventional weapons and mine action by grant,
    cooperative agreement or contract: Provided further, That of the funds
    made available for demining and related activities, not to exceed
    $700,000, in addition to funds otherwise available for such purposes,
    may be used for administrative expenses related to the operation and
    management of the demining program: Provided further, That funds
    appropriated under this heading that are available for ``Anti-terrorism
    Assistance'' and ``Export Control and Border Security'' shall remain
    available until September 30, 2012.

                            peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $305,000,000: Provided, That
    funds appropriated under this heading may be used, notwithstanding
    section 660 of such Act, to provide assistance to enhance the capacity
    of foreign civilian security forces, including gendarmes, to
    participate in peacekeeping operations: Provided further, That of the
    funds appropriated under this heading, up to $81,918,000, to remain
    available until September 30, 2012, may be made available to pay
    assessed expenses of international peacekeeping activities in Somalia,
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations, except that such funds
    should not be made available unless the Secretary of State reports to
    the Committees on Appropriations that indiscriminate shelling and other
    abuses of civilians by African Union Mission troops are being
    addressed: Provided further, That funds appropriated under this heading
    should not be used to support any military training or operations that
    include child soldiers: Provided further, That of the funds
    appropriated under this heading, not less than $26,000,000 shall be
    made available for a United States contribution to the Multinational
    Force and Observers mission in the Sinai: Provided further, That none
    of the funds appropriated under this heading shall be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.

                      Funds Appropriated to the President

                 international military education and training

        For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $107,000,000, of which up to
    $3,500,000 may remain available until expended and may only be provided
    through the regular notification procedures of the Committees on
    Appropriations: Provided, That the civilian personnel for whom military
    education and training may be provided under this heading may include
    civilians who are not members of a government whose participation would
    contribute to improved civil-military relations, civilian control of
    the military, or respect for human rights: Provided further, That funds
    made available under this heading for assistance for Angola,
    Bangladesh, Cameroon, Central African Republic, Chad, Cote d'Ivoire,
    Democratic Republic of the Congo, Ethiopia, Guatemala, Guinea, Haiti,
    Indonesia, Kenya, Libya, Nepal, Nigeria, and Sri Lanka may only be
    provided through the regular notification procedures of the Committees
    on Appropriations and any such notification shall include a detailed
    description of proposed activities: Provided further, That of the funds
    appropriated under this heading, not to exceed $55,000 may be available
    for entertainment allowances.

                       foreign military financing program

        For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $5,440,000,000: Provided, That to expedite the provision of assistance
    to foreign countries and international organizations, the Secretary of
    State, following consultation with the Committees on Appropriations and
    subject to the regular notification procedures of such Committees, may
    use the funds appropriated under this heading to procure defense
    articles and services to enhance the capacity of foreign security
    forces: Provided further, That funds made available under this heading
    may be used, notwithstanding any other provision of law, for demining,
    the clearance of unexploded ordnance, and related activities, and may
    include activities implemented through nongovernmental and
    international organizations: Provided further, That of the funds
    appropriated under this heading, not less than $3,000,000,000 shall be
    available for grants only for Israel, and not less than $1,300,000,000
    shall be made available for grants only for Egypt, including for border
    security programs and activities in the Sinai: Provided further, That
    the funds appropriated under this heading for assistance for Israel
    shall be disbursed within 30 days of enactment of this Act: Provided
    further, That to the extent that the Government of Israel requests that
    funds be used for such purposes, grants made available for Israel under
    this heading shall, as agreed by the United States and Israel, be
    available for advanced weapons systems, of which not less than
    $789,000,000 shall be available for the procurement in Israel of
    defense articles and defense services, including research and
    development: Provided further, That funds appropriated under this
    heading estimated to be outlayed for Egypt during fiscal year 2011
    shall be transferred to an interest bearing account for Egypt in the
    Federal Reserve Bank of New York within 30 days of enactment of this
    Act: Provided further, That of the funds appropriated under this
    heading, $300,000,000 shall be made available for assistance for
    Jordan: Provided further, That none of the funds made available under
    this heading shall be made available to support or continue any program
    initially funded under the authority of section 1206 of the National
    Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
    Stat. 3456) unless the Secretary of State, in coordination with the
    Secretary of Defense, has justified such program to the Committees on
    Appropriations: Provided further, That funds appropriated or otherwise
    made available under this heading shall be nonrepayable notwithstanding
    any requirement in section 23 of the Arms Export Control Act: Provided
    further, That funds made available under this heading shall be
    obligated upon apportionment in accordance with paragraph (5)(C) of
    title 31, United States Code, section 1501(a).
        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurement has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurement may be financed with such funds: Provided,
    That all country and funding level increases in allocations shall be
    submitted through the regular notification procedures of section 7015
    of this Act: Provided further, That none of the funds appropriated
    under this heading may be made available for assistance for Nepal, Sri
    Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and
    Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya, Chad, and the
    Democratic Republic of the Congo except pursuant to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That only those countries for which assistance was justified
    for the ``Foreign Military Sales Financing Program'' in the fiscal year
    1989 congressional presentation for security assistance programs may
    utilize funds made available under this heading for procurement of
    defense articles, defense services or design and construction services
    that are not sold by the United States Government under the Arms Export
    Control Act: Provided further, That funds appropriated under this
    heading shall be expended at the minimum rate necessary to make timely
    payment for defense articles and services: Provided further, That not
    more than $56,583,000 of the funds appropriated under this heading may
    be obligated for necessary expenses, including the purchase of
    passenger motor vehicles for replacement only for use outside of the
    United States, for the general costs of administering military
    assistance and sales, except that this limitation may be exceeded only
    through the regular notification procedures of the Committees on
    Appropriations: Provided further, That of the funds appropriated under
    this heading for general costs of administering military assistance and
    sales, not to exceed $4,000 may be available for entertainment expenses
    and not to exceed $130,000 may be available for representation
    allowances: Provided further, That not more than $749,597,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2011 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations.

                   pakistan counterinsurgency capability fund

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 8 of
    part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance
    Act of 1961 and section 23 of the Arms Export Control Act,
    $1,000,000,000, to remain available until September 30, 2012, for the
    purpose of providing assistance for Pakistan to build and maintain the
    counterinsurgency capability of Pakistani security forces (including
    the Frontier Corps), to include program management, training in civil-
    military humanitarian assistance, human rights training, and the
    provision of equipment, supplies, services, training, and facility and
    infrastructure repair, renovation, and construction: Provided, That
    notwithstanding any other provision of law, such funds shall be
    available to the Secretary of State, with the concurrence of the
    Secretary of Defense: Provided further, That such funds may be
    transferred by the Secretary of State to the Department of Defense or
    other Federal departments or agencies to support counterinsurgency
    operations and may be merged with, and be available, for the same
    purposes and for the same time period as the appropriation or fund to
    which transferred or may be transferred pursuant to the authorities
    contained in the Foreign Assistance Act of 1961: Provided further, That
    the Secretary of State shall, not fewer than 15 days prior to making
    transfers from this appropriation, notify the Committees on
    Appropriations, in writing, of the details of any such transfer:
    Provided further, That the Secretary of State shall submit not later
    than 30 days after the end of each fiscal quarter to the Committees on
    Appropriations a report in writing summarizing, on a project-by-project
    basis, the uses of funds under this heading: Provided further, That
    upon determination by the Secretary of State, with the concurrence of
    the Secretary of Defense, that all or part of the funds so transferred
    from this appropriation are not necessary for the purposes herein, such
    amounts may be transferred by the head of the relevant Federal
    department or agency back to this appropriation and shall be available
    for the same purposes and for the same time period as originally
    appropriated: Provided further, That any required notification or
    report may be submitted in classified form.

                                    TITLE V

                            MULTILATERAL ASSISTANCE

                      Funds Appropriated to the President

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $395,500,000:
    Provided, That section 307(a) of the Foreign Assistance Act of 1961
    shall not apply to contributions to the United Nations Democracy Fund.

                      international financial institutions

                          global environment facility

        For payment to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility by the
    Secretary of the Treasury, $143,750,000, to remain available until
    expended.

           contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $1,235,000,000, to remain available until
    expended.

                   contribution to the clean technology fund

        For payment to the International Bank for Reconstruction and
    Development as trustee for the Clean Technology Fund by the Secretary
    of the Treasury, $315,000,000, to remain available until expended.

                   contribution to the strategic climate fund

        For payment to the International Bank for Reconstruction and
    Development as trustee for the Strategic Climate Fund by the Secretary
    of the Treasury, $205,000,000, to remain available until expended.

                           global food security fund

        For payment as a contribution to a global food security fund by the
    Secretary of the Treasury, $215,000,000, to remain available until
    expended.

              contribution to the inter-american development bank

        For payment to the Inter-American Investment Corporation by the
    Secretary of the Treasury, $21,000,000, to remain available until
    expended.

    contribution to the enterprise for the americas multilateral investment
                                      fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, $25,000,000, to
    remain available until expended.

                   contribution to the asian development bank

        For payment to the Asian Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of increase
    in capital stock, $106,586,000, to remain available until expended.

                  limitation on callable capital subscriptions

        The United States Governor of the Asian Development Bank may
    subscribe without fiscal year limitation to the callable capital
    portion of the United States share of such capital stock in an amount
    not to exceed $2,558,048,769.

                   contribution to the asian development fund

        For payment to the Asian Development Bank's Asian Development Fund
    by the Secretary of the Treasury, $77,000,000, to remain available
    until expended.

                  contribution to the african development fund

        For payment to the African Development Fund by the Secretary of the
    Treasury, $150,000,000, to remain available until expended.

      contribution to the international fund for agricultural development

        For payment to the International Fund for Agricultural Development
    by the Secretary of the Treasury, $30,000,000, to remain available
    until expended.

                                    TITLE VI

                        EXPORT AND INVESTMENT ASSISTANCE

                    Export-import Bank of the United States

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $3,000,000, to remain available until September 30, 2012.

                                program account

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 104 of the Government Corporation
    Control Act, as may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, That the use of the aggregate loan, guarantee, and insurance
    authority available to the Export-Import Bank during the current fiscal
    year should not result in greenhouse gas emissions from the extraction
    or production of fossil fuels and the use of fossil fuels in
    electricity generation exceeding the total amount of such emissions
    resulting from the use of such authority during fiscal year 2007,
    unless not less than 15 days prior to the use of such authority the
    Export-Import Bank provides written notification to the Committees on
    Appropriations that the use of such authority would result in
    greenhouse gas emissions exceeding such amount and indicating the
    amount of the increase, and posts such notification on the Bank's Web
    site:  Provided further, That not less than 10 percent of such
    aggregate should be used for renewable energy technology and end-use
    energy efficiency technologies.

                             subsidy appropriation

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, not to exceed $82,000,000: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That such funds shall remain available until September 30, 2026, for
    the disbursement of direct loans, loan guarantees, insurance and tied-
    aid grants obligated in fiscal years 2011, 2012, 2013, and 2014:
    Provided further, That none of the funds appropriated by this Act or
    any prior Acts appropriating funds for the Department of State, foreign
    operations, and related programs for tied-aid credits or grants may be
    used for any other purpose except through the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    funds appropriated by this paragraph are made available notwithstanding
    section 2(b)(2) of the Export-Import Bank Act of 1945, in connection
    with the purchase or lease of any product by any Eastern European
    country, any Baltic State or any agency or national thereof.

                            administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, not to exceed $99,000,000: Provided, That the
    Export-Import Bank may accept, and use, payment or services provided by
    transaction participants for legal, financial, or technical services in
    connection with any transaction for which an application for a loan,
    guarantee or insurance commitment has been made:  Provided further,
    That project specific transaction costs, including direct and indirect
    costs incurred in claims settlements, and other costs for systems
    infrastructure directly supporting transactions, shall not be
    considered administrative expenses for the purposes of this heading:
    Provided further, That notwithstanding subsection (b) of section 117 of
    the Export Enhancement Act of 1992, subsection (a) thereof shall remain
    in effect until October 1, 2011.

                               receipts collected

        Receipts collected pursuant to the Export-Import Bank Act of 1945,
    as amended, and the Federal Credit Reform Act of 1990, as amended, in
    an amount not to exceed the amount appropriated herein, shall be
    credited as offsetting collections to this account: Provided, That the
    sums herein appropriated from the General Fund shall be reduced on a
    dollar-for-dollar basis by such offsetting collections so as to result
    in a final fiscal year appropriation from the General Fund estimated at
    $0: Provided further, That amounts collected in fiscal year 2011 in
    excess of obligations shall become available on September 1, 2011 and
    shall remain available until September 30, 2014.

                    Overseas Private Investment Corporation

                               noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $53,946,000: Provided further, That project-
    specific transaction costs, including direct and indirect costs
    incurred in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors pursuant
    to section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                program account

        For the cost of direct and guaranteed loans, $29,000,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Noncredit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall be available for direct loan obligations and loan guaranty
    commitments incurred or made during fiscal years 2011, 2012, and 2013:
    Provided further, That funds so obligated in fiscal year 2011 remain
    available for disbursement through 2019; funds obligated in fiscal year
    2012 remain available for disbursement through 2020; and funds
    obligated in fiscal year 2013 remain available for disbursement through
    2021: Provided further, That notwithstanding any other provision of
    law, the Overseas Private Investment Corporation is authorized to
    undertake any program authorized by title IV of the Foreign Assistance
    Act of 1961 in Iraq: Provided further, That funds made available
    pursuant to the authority of the previous proviso shall be subject to
    the regular notification procedures of the Committees on
    Appropriations.
        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                      Funds Appropriated to the President

                          trade and development agency

        For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $55,200,000, to remain available
    until September 30, 2012: Provided, That of the funds appropriated
    under this heading, not more than $4,000 may be available for
    representation and entertainment allowances.

                                   TITLE VII

                               GENERAL PROVISIONS

                          allowances and differentials

        Sec. 7001.  Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by 5 U.S.C. 3109; and for hire of
    passenger transportation pursuant to 31 U.S.C. 1343(b).

                          unobligated balances report

        Sec. 7002.  Any department or agency of the United States
    Government to which funds are appropriated or otherwise made available
    by this Act shall provide to the Committees on Appropriations a
    quarterly accounting of cumulative balances by program, project, and
    activity of the funds received by such department or agency in this
    fiscal year or any previous fiscal year that remain unobligated and
    unexpended: Provided, That such report should disaggregate such funds
    by fiscal year as soon as practicable.

                              consulting services

        Sec. 7003.  The expenditure of any appropriation under title I of
    this Act for any consulting service through procurement contract,
    pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
    such expenditures are a matter of public record and available for
    public inspection, except where otherwise provided under existing law,
    or under existing Executive order issued pursuant to existing law.

                              embassy construction

        Sec. 7004. (a) Of funds provided under title I of this Act, except
    as provided in subsection (b), a project to construct a diplomatic
    facility of the United States may not include office space or other
    accommodations for an employee of a Federal agency or department if the
    Secretary of State determines that such department or agency has not
    provided to the Department of State the full amount of funding required
    by subsection (e) of section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act; 113
    Stat. 1501A-453), as amended by section 629 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2005.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the United States Marine
    Corps.
        (c) Funds appropriated by this Act, and any prior Act making
    appropriations for the Department of State, foreign operations, and
    related programs, which may be made available for the acquisition of
    property for diplomatic facilities in Afghanistan, Pakistan, and Iraq,
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.
        (d) None of the funds appropriated under the heading ``Embassy
    Security, Construction, and Maintenance'' in title I of this Act may be
    made available for construction of the New London Embassy.

                               personnel actions

        Sec. 7005.  Any costs incurred by a department or agency funded
    under title I of this Act resulting from personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available under title I to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 7015 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

                             local guard contracts

        Sec. 7006.  In evaluating proposals for local guard contracts, the
    Secretary of State shall award contracts in accordance with section 136
    of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
    (22 U.S.C. 4864), except that the Secretary may grant authorization to
    award such contracts on the basis of best value as determined by a
    cost-technical tradeoff analysis (as described in Federal Acquisition
    Regulation part 15.101) in Iraq, Afghanistan, and Pakistan,
    notwithstanding subsection (c)(3) of such section: Provided, That the
    authority in this section shall apply to any options for renewal that
    may be exercised under such contracts that are awarded during the
    current fiscal year: Provided further, That prior to issuing a
    solicitation for a contract to be awarded pursuant to the authority
    under this section, the Secretary of State shall consult with the
    Committees on Appropriations.

            prohibition against direct funding for certain countries

        Sec. 7007.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance or reparations
    for the governments of Cuba, North Korea, Iran, or Syria: Provided,
    That for purposes of this section, the prohibition on obligations or
    expenditures shall include direct loans, credits, insurance and
    guarantees of the Export-Import Bank or its agents.

                                  coups d'etat

        Sec. 7008.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by coup d'etat or decree: Provided, That assistance may be
    resumed to such government if the President determines and certifies to
    the Committees on Appropriations that subsequent to the termination of
    assistance a democratically elected government has taken office:
    Provided further, That the provisions of this section shall not apply
    to assistance to promote democratic elections or public participation
    in democratic processes: Provided further, That funds made available
    pursuant to the previous provisos shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                               transfer authority

        Sec. 7009. (a) Department of State and Broadcasting Board of
    Governors.--
                (1) Not to exceed 5 percent of any appropriation made
            available for the current fiscal year for the Department of
            State under title I of this Act may be transferred between such
            appropriations, but no such appropriation, except as otherwise
            specifically provided, shall be increased by more than 10
            percent by any such transfers.
                (2) Not to exceed 5 percent of any appropriation made
            available for the current fiscal year for the Broadcasting
            Board of Governors under title I of this Act may be transferred
            between such appropriations, but no such appropriation, except
            as otherwise specifically provided, shall be increased by more
            than 10 percent by any such transfers.
                (3) Any transfer pursuant to this section shall be treated
            as a reprogramming of funds under section 7015(a) and (b) of
            this Act and shall not be available for obligation or
            expenditure except in compliance with the procedures set forth
            in that section.
        (b) Export Financing Transfer Authorities.--Not to exceed 5 percent
    of any appropriation other than for administrative expenses made
    available for fiscal year 2011, for programs under title VI of this Act
    may be transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such
    receiving account may be used, but no such appropriation, except as
    otherwise specifically provided, shall be increased by more than 25
    percent by any such transfer: Provided, That the exercise of such
    authority shall be subject to the regular notification procedures of
    the Committees on Appropriations.
        (c) Limitation on Transfers Between Agencies.--
                (1) None of the funds made available under titles II
            through V of this Act may be transferred to any department,
            agency, or instrumentality of the United States Government,
            except pursuant to a transfer made by, or transfer authority
            provided in, this Act or any other appropriation Act.
                (2) Notwithstanding paragraph (1), in addition to transfers
            made by, or authorized elsewhere in, this Act, funds
            appropriated by this Act to carry out the purposes of the
            Foreign Assistance Act of 1961 may be allocated or transferred
            to agencies of the United States Government pursuant to the
            provisions of sections 109, 610, and 632 of the Foreign
            Assistance Act of 1961.
                (3) Any agreement entered into by the United States Agency
            for International Development (USAID) or the Department of
            State with any department, agency, or instrumentality of the
            United States Government pursuant to section 632(b) of the
            Foreign Assistance Act of 1961 valued in excess of $1,000,000
            and any agreement made pursuant to section 632(a) of such Act,
            with funds appropriated by this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs under the headings ``Global Health and
            Child Survival'', ``Development Assistance'', and ``Economic
            Support Fund'' shall be subject to the regular notification
            procedures of the Committees on Appropriations: Provided, That
            the requirement in the previous sentence shall not apply to
            agreements entered into between USAID and the Department of
            State.
        (d) Transfers Between Accounts.--None of the funds made available
    under titles II through V of this Act may be obligated under an
    appropriation account to which they were not appropriated, except for
    transfers specifically provided for in this Act, unless the President,
    not less than 5 days prior to the exercise of any authority contained
    in the Foreign Assistance Act of 1961 to transfer funds, consults with
    and provides a written policy justification to the Committees on
    Appropriations.
        (e) Audit of Inter-agency Transfers.--Any agreement for the
    transfer or allocation of funds appropriated by this Act, or prior
    Acts, entered into between the Department of State or USAID and another
    agency of the United States Government under the authority of section
    632(a) of the Foreign Assistance Act of 1961 or any comparable
    provision of law, shall expressly provide that the Inspector General
    for the agency receiving the transfer or allocation of such funds shall
    perform periodic program and financial audits of the use of such funds:
    Provided, That funds transferred under such authority may be made
    available for the cost of such audits.

                             reporting requirement

        Sec. 7010.  The Secretary of State shall provide the Committees on
    Appropriations, not later than April 1, 2011, and for each fiscal
    quarter, a report in writing on the uses of funds made available under
    the headings ``Foreign Military Financing Program'', ``International
    Military Education and Training'', and ``Peacekeeping Operations'':
    Provided, That such report shall include a description of the
    obligation and expenditure of funds, and the specific country in
    receipt of, and the use or purpose of the assistance provided by such
    funds.

                             availability of funds

        Sec. 7011.  No part of any appropriation contained in this Act
    shall remain available for obligation after the expiration of the
    current fiscal year unless expressly so provided in this Act: Provided,
    That funds appropriated for the purposes of chapters 1, 8, 11, and 12
    of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part
    II of the Foreign Assistance Act of 1961, section 23 of the Arms Export
    Control Act, and funds provided under the headings ``Assistance for
    Europe, Eurasia and Central Asia'', ``Democracy Fund'', ``Pakistan
    Counterinsurgency Capability Fund'', and ``Development Credit
    Authority'', shall remain available for an additional 4 years from the
    date on which the availability of such funds would otherwise have
    expired, if such funds are initially obligated before the expiration of
    their respective periods of availability contained in this Act:
    Provided further, That notwithstanding any other provision of this Act,
    any funds made available for the purposes of chapter 1 of part I and
    chapter 4 of part II of the Foreign Assistance Act of 1961 which are
    allocated or obligated for cash disbursements in order to address
    balance of payments or economic policy reform objectives, shall remain
    available until expended.

                limitation on assistance to countries in default

        Sec. 7012.  No part of any appropriation provided under titles III
    through VI in this Act shall be used to furnish assistance to the
    government of any country which is in default during a period in excess
    of one calendar year in payment to the United States of principal or
    interest on any loan made to the government of such country by the
    United States pursuant to a program for which funds are appropriated
    under this Act unless the President determines, following consultations
    with the Committees on Appropriations, that assistance for such country
    is in the national interest of the United States.

              prohibition on taxation of united states assistance

        Sec. 7013. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles III through VI of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State shall expeditiously seek to negotiate amendments to
    existing bilateral agreements, as necessary, to conform with this
    requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2011 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through
    grantees, contractors and subcontractors shall be withheld from
    obligation from funds appropriated for assistance for fiscal year 2012
    and allocated for the central government of such country and for the
    West Bank and Gaza program to the extent that the Secretary of State
    certifies and reports in writing to the Committees on Appropriations
    that such taxes have not been reimbursed to the Government of the
    United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for
    each country or entity pursuant to subsection (b) shall be reprogrammed
    for assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
                (1) The provisions of this section shall not apply to any
            country or entity the Secretary of State determines--
                        (A) does not assess taxes on United States
                    assistance or which has an effective arrangement that
                    is providing substantial reimbursement of such taxes;
                    or
                        (B) the foreign policy interests of the United
                    States outweigh the purpose of this section to ensure
                    that United States assistance is not subject to
                    taxation.
                (2) The Secretary of State shall consult with the
            Committees on Appropriations at least 15 days prior to
            exercising the authority of this subsection with regard to any
            country or entity.
        (f) Implementation.--The Secretary of State shall issue rules,
    regulations, or policy guidance, as appropriate, to implement the
    prohibition against the taxation of assistance contained in this
    section.
        (g) Definitions.--As used in this section--
                (1) the terms ``taxes'' and ``taxation'' refer to value
            added taxes and customs duties imposed on commodities financed
            with United States assistance for programs for which funds are
            appropriated by this Act; and
                (2) the term ``bilateral agreement'' refers to a framework
            bilateral agreement between the Government of the United States
            and the government of the country receiving assistance that
            describes the privileges and immunities applicable to United
            States foreign assistance for such country generally, or an
            individual agreement between the Government of the United
            States and such government that describes, among other things,
            the treatment for tax purposes that will be accorded the United
            States assistance provided under that agreement.

                             reservations of funds

        Sec. 7014. (a) Funds appropriated under titles II through VI of
    this Act which are specifically designated may be reprogrammed for
    other programs within the same account notwithstanding the designation
    if compliance with the designation is made impossible by operation of
    any provision of this or any other Act: Provided, That any such
    reprogramming shall be subject to the regular notification procedures
    of the Committees on Appropriations: Provided further, That assistance
    that is reprogrammed pursuant to this subsection shall be made
    available under the same terms and conditions as originally provided.
        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the United States Agency for International Development
    (USAID) that are specifically designated for particular programs or
    activities by this or any other Act shall be extended for an additional
    fiscal year if the USAID Administrator determines and reports promptly
    to the Committees on Appropriations that the termination of assistance
    to a country or a significant change in circumstances makes it unlikely
    that such designated funds can be obligated during the original period
    of availability: Provided, That such designated funds that continue to
    be available for an additional fiscal year shall be obligated only for
    the purpose of such designation.
        (c) Ceilings and specifically designated funding levels contained
    in this Act shall not be applicable to funds or authorities
    appropriated or otherwise made available by any subsequent Act unless
    such Act specifically so directs: Provided, That specifically
    designated funding levels or minimum funding requirements contained in
    any other Act shall not be applicable to funds appropriated by this
    Act.

                    reprogramming notification requirements

        Sec. 7015. (a) None of the funds made available in title I of this
    Act, or in prior appropriations Acts to the agencies and departments
    funded by this Act that remain available for obligation or expenditure
    in fiscal year 2011, or provided from any accounts in the Treasury of
    the United States derived by the collection of fees or of currency
    reflows or other offsetting collections, or made available by transfer,
    to the agencies and departments funded by this Act, shall be available
    for obligation or expenditure through a reprogramming of funds that:
    (1) creates new programs; (2) eliminates a program, project, or
    activity; (3) increases funds or personnel by any means for any project
    or activity for which funds have been denied or restricted; (4)
    relocates an office or employees; (5) closes or opens a mission or
    post; (6) establishes, reorganizes, or renames offices or bureaus; (7)
    reorganizes programs or activities; or (8) contracts out or privatizes
    any functions or activities presently performed by Federal employees;
    unless the Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
        (b) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds provided under
    title I of this Act, or provided under previous appropriations Acts to
    the agency or department funded under title I of this Act that remain
    available for obligation or expenditure in fiscal year 2011, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agency or department funded
    under title I of this Act, shall be available for obligation or
    expenditure for activities, programs, or projects through a
    reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
    is less, that: (1) augments existing programs, projects, or activities;
    (2) reduces by 10 percent funding for any existing program, project, or
    activity, or numbers of personnel by 10 percent as approved by
    Congress; or (3) results from any general savings, including savings
    from a reduction in personnel, which would result in a change in
    existing programs, activities, or projects as approved by Congress;
    unless the Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
        (c) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds made available
    under titles II through VI in this Act under the headings ``Global
    Health and Child Survival'', ``Development Assistance'',
    ``International Organizations and Programs'', ``Trade and Development
    Agency'', ``International Narcotics Control and Law Enforcement'',
    ``Assistance for Europe, Eurasia and Central Asia'', ``Economic Support
    Fund'', ``Democracy Fund'', ``Peacekeeping Operations'', ``Capital
    Investment Fund'', ``Operating Expenses'', ``Civilian Stabilization
    Initiative'', ``Office of Inspector General'', ``Nonproliferation,
    Anti-terrorism, Demining and Related Programs'', ``Millennium Challenge
    Corporation'', ``Foreign Military Financing Program'', ``International
    Military Education and Training'', and ``Peace Corps'', shall be
    available for obligation for activities, programs, projects, type of
    materiel assistance, countries, or other operations not justified or in
    excess of the amount justified to the Committees on Appropriations for
    obligation under any of these specific headings unless the Committees
    on Appropriations are notified 15 days in advance: Provided, That the
    President shall not enter into any commitment of funds appropriated for
    the purposes of section 23 of the Arms Export Control Act for the
    provision of major defense equipment, other than conventional
    ammunition, or other major defense items defined to be aircraft, ships,
    missiles, or combat vehicles, not previously justified to Congress or
    20 percent in excess of the quantities justified to Congress unless the
    Committees on Appropriations are notified 15 days in advance of such
    commitment: Provided further, That requirements of this subsection or
    any similar provision of this or any other Act shall not apply to any
    reprogramming for an activity, program, or project for which funds are
    appropriated under titles II through IV of this Act of less than 10
    percent of the amount previously justified to the Congress for
    obligation for such activity, program, or project for the current
    fiscal year.
        (d) Notwithstanding any other provision of law, with the exception
    of funds transferred to, and merged with, funds appropriated under
    title I of this Act, funds transferred by the Department of Defense to
    the Department of State and the United States Agency for International
    Development for assistance for foreign countries and international
    organizations (including for infrastructure projects in Afghanistan),
    and funds made available for programs authorized by section 1206 of the
    National Defense Authorization Act for Fiscal Year 2006 (Public Law
    109-163), shall be subject to the regular notification procedures of
    the Committees on Appropriations.
        (e) The requirements of this section or any similar provision of
    this Act or any other Act, including any prior Act requiring
    notification in accordance with the regular notification procedures of
    the Committees on Appropriations, may be waived if failure to do so
    would pose a substantial risk to human health or welfare: Provided,
    That in case of any such waiver, notification to the Committees on
    Appropriations shall be provided as early as practicable, but in no
    event later than 3 days after taking the action to which such
    notification requirement was applicable, in the context of the
    circumstances necessitating such waiver: Provided further, That any
    notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.
        (f) None of the funds appropriated under titles III through VI of
    this Act shall be obligated or expended for assistance for Serbia,
    Sudan, Zimbabwe, Afghanistan, Pakistan, Dominican Republic, Cuba, Iran,
    Haiti, Libya, Ethiopia, Nepal, Colombia, Burma, Yemen, Mexico,
    Kazakhstan, Somalia, Sri Lanka, or Cambodia and countries listed in
    section 7044(c)(3) of this Act except as provided through the regular
    notification procedures of the Committees on Appropriations.

                    notification on excess defense equipment

        Sec. 7016.  Prior to providing excess Department of Defense
    articles in accordance with section 516(a) of the Foreign Assistance
    Act of 1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as
    other committees pursuant to subsection (f) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of the Arms
    Export Control Act) or are valued (in terms of original acquisition
    cost) at $7,000,000 or more, or if notification is required elsewhere
    in this Act for the use of appropriated funds for specific countries
    that would receive such excess defense articles: Provided further, That
    such Committees shall also be informed of the original acquisition cost
    of such defense articles.

    limitation on availability of funds for international organizations and
                                    programs

        Sec. 7017.  Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under titles III
    through VI of this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, which
    are returned or not made available for organizations and programs
    because of the implementation of section 307(a) of the Foreign
    Assistance Act of 1961, shall remain available for obligation until
    September 30, 2012.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 7018.  None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide
    any financial incentive to any person to undergo sterilizations. None
    of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to methods of,
    or the performance of, abortions or involuntary sterilization as a
    means of family planning. None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may be
    obligated or expended for any country or organization if the President
    certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                                  allocations

        Sec. 7019. (a) Funds provided in this Act for the following
    accounts shall be made available for programs and countries in the
    amounts contained in the respective tables included in the explanatory
    statement accompanying this Act:
                ``Diplomatic and Consular Programs'';
                ``Educational and Cultural Exchange Programs'';
                ``International Fisheries Commissions'';
                ``International Broadcasting Operations'';
                ``Operating Expenses'';
                ``Global Health and Child Survival'';
                ``Development Assistance'';
                ``Democracy Fund'';
                ``Economic Support Fund'';
                ``Assistance for Europe, Eurasia and Central Asia'';
                ``International Narcotics Control and Law Enforcement'';
                ``Nonproliferation, Anti-terrorism, Demining and Related
            Programs'';
                ``Peacekeeping Operations'';
                ``International Military Education and Training'';
                ``Foreign Military Financing Program''; and
                ``International Organizations and Programs''.
        (b) For the purposes of implementing this section and only with
    respect to the tables included in the explanatory statement
    accompanying this Act, the Secretary of State, the Administrator of the
    United States Agency for International Development and the Broadcasting
    Board of Governors, as appropriate, may propose deviations to the
    amounts referenced in subsection (a), subject to the regular
    notification procedures of the Committees on Appropriations.
        (c) The requirements contained in subsection (a) shall apply to the
    tables under the headings ``Bilateral Economic Assistance'' and
    ``General Provisions'' in the explanatory statement.
        (d) For the purposes of division K of this Act and unless otherwise
    specified, the term ``explanatory statement'' shall mean the matter in
    division K of the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                   prohibition of payment of certain expenses

        Sec. 7020.  None of the funds appropriated or otherwise made
    available by this Act under the headings ``International Military
    Education and Training'' or ``Foreign Military Financing Program'' for
    Informational Program activities or under the headings ``Global Health
    and Child Survival'', ``Development Assistance'', and ``Economic
    Support Fund'' may be obligated or expended to pay for--
                (1) alcoholic beverages; or
                (2) entertainment expenses for activities that are
            substantially of a recreational character, including but not
            limited to entrance fees at sporting events, theatrical and
            musical productions, and amusement parks.

       prohibition on assistance to governments supporting international
                                   terrorism

        Sec. 7021. (a) Lethal Military Equipment Exports.--
                (1) None of the funds appropriated or otherwise made
            available by titles III through VI of this Act may be available
            to any foreign government which provides lethal military
            equipment to a country the government of which the Secretary of
            State has determined supports international terrorism for
            purposes of section 6(j) of the Export Administration Act of
            1979: Provided, That the prohibition under this section with
            respect to a foreign government shall terminate 12 months after
            that government ceases to provide such military equipment:
            Provided further, That this section applies with respect to
            lethal military equipment provided under a contract entered
            into after October 1, 1997.
                (2) Assistance restricted by paragraph (1) or any other
            similar provision of law, may be furnished if the President
            determines that to do so is important to the national interests
            of the United States.
                (3) Whenever the President makes a determination pursuant
            to paragraph (2), the President shall submit to the Committees
            on Appropriations a report with respect to the furnishing of
            such assistance, including a detailed explanation of the
            assistance to be provided, the estimated dollar amount of such
            assistance, and an explanation of how the assistance furthers
            United States national interests.
        (b) Bilateral Assistance.--
                (1) Funds appropriated for bilateral assistance in titles
            III through VI of this Act and funds appropriated under any
            such title in prior acts making appropriations for the
            Department of State, foreign operations, and related programs,
            shall not be made available to any foreign government which the
            President determines--
                        (A) grants sanctuary from prosecution to any
                    individual or group which has committed an act of
                    international terrorism; or
                        (B) otherwise supports international terrorism.
                (2) The President may waive the application of paragraph
            (1) to a government if the President determines that national
            security or humanitarian reasons justify such waiver: Provided,
            That the President shall publish each such waiver in the
            Federal Register and, at least 15 days before the waiver takes
            effect, shall notify the Committees on Appropriations of the
            waiver (including the justification for the waiver) in
            accordance with the regular notification procedures of the
            Committees on Appropriations.

          limitation on use of funds in contravention of certain laws

        Sec. 7022.  None of the funds made available in this Act or prior
    Acts may be used in contravention of any provision of, or amendment
    made by, this Act, unless such authority is expressly provided in
    statute: Provided, That if a determination is made on constitutional
    grounds by the executive branch that any provision of law covered by
    the preceding sentence shall not apply, the head of the relevant
    Federal agency shall notify the Committees on Appropriations in writing
    within 5 days of such determination, the basis for such determination
    and any resulting changes to program and policy.

                           authorization requirements

        Sec. 7023.  Funds appropriated by this Act, except funds
    appropriated under the heading ``Trade and Development Agency'', may be
    obligated and expended notwithstanding section 10 of Public Law 91-672,
    section 15 of the State Department Basic Authorities Act of 1956,
    section 313 of the Foreign Relations Authorization Act, Fiscal Years
    1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
    National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                  definition of program, project, and activity

        Sec. 7024.  For the purpose of titles II through VI of this Act
    ``program, project, and activity'' shall be defined at the
    appropriations Act account level and shall include all appropriations
    and authorizations Acts funding directives, ceilings, and limitations
    with the exception that for the following accounts: ``Economic Support
    Fund'' and ``Foreign Military Financing Program'', ``program, project,
    and activity'' shall also be considered to include country, regional,
    and central program level funding within each such account; for the
    development assistance accounts of the United States Agency for
    International Development ``program, project, and activity'' shall also
    be considered to include central, country, regional, and program level
    funding, either as: (1) justified to the Congress; or (2) allocated by
    the executive branch in accordance with a report, to be provided to the
    Committees on Appropriations within 30 days of the enactment of this
    Act, as required by section 653(a) of the Foreign Assistance Act of
    1961.

    authorities for the peace corps, inter-american foundation and african
                             development foundation

        Sec. 7025.  Unless expressly provided to the contrary, provisions
    of this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for the Department of State,
    foreign operations, and related programs, shall not be construed to
    prohibit activities authorized by or conducted under the Peace Corps
    Act, the Inter-American Foundation Act or the African Development
    Foundation Act: Provided, That the agency shall promptly report to the
    Committees on Appropriations whenever it is conducting activities or is
    proposing to conduct activities in a country for which assistance is
    prohibited.

                    commerce, trade and surplus commodities

        Sec. 7026. (a) None of the funds appropriated or made available
    pursuant to titles III through VI of this Act for direct assistance and
    none of the funds otherwise made available to the Export-Import Bank
    and the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the time the
    resulting productive capacity is expected to become operative and if
    the assistance will cause substantial injury to United States producers
    of the same, similar, or competing commodity: Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the
    judgment of its Board of Directors the benefits to industry and
    employment in the United States are likely to outweigh the injury to
    United States producers of the same, similar, or competing commodity,
    and the Chairman of the Board so notifies the Committees on
    Appropriations.
        (b) None of the funds appropriated by this or any other Act to
    carry out chapter 1 of part I of the Foreign Assistance Act of 1961
    shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in
    a foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United
    States: Provided, That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States; or
                (2) research activities intended primarily to benefit
            American producers.
        (c)(1) The Secretary of the Treasury shall instruct the United
    States executive directors of the international financial institutions
    to use the voice and vote of the United States to oppose any assistance
    by such institutions, using funds appropriated or made available
    pursuant to titles III through VI of this Act, for the production or
    extraction of any commodity or mineral for export, if it is in surplus
    on world markets and if the assistance will cause substantial injury to
    United States producers of the same, similar, or competing commodity.
        (2) For the purposes of this Act the term ``international financial
    institutions'' shall mean the International Bank for Reconstruction and
    Development, the International Development Association, the
    International Finance Corporation, the Inter-American Development Bank,
    the International Monetary Fund, the Asian Development Bank, the Asian
    Development Fund, the Inter-American Investment Corporation, the North
    American Development Bank, the European Bank for Reconstruction and
    Development, the African Development Bank, and the African Development
    Fund.

                               separate accounts

        Sec. 7027. (a) Separate Accounts for Local Currencies.--
                (1) If assistance is furnished to the government of a
            foreign country under chapters 1 and 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961 under
            agreements which result in the generation of local currencies
            of that country, the Administrator of the United States Agency
            for International Development (USAID) shall--
                        (A) require that local currencies be deposited in a
                    separate account established by that government;
                        (B) enter into an agreement with that government
                    which sets forth--
                                (i) the amount of the local currencies to
                            be generated; and
                                (ii) the terms and conditions under which
                            the currencies so deposited may be utilized,
                            consistent with this section; and
                        (C) establish by agreement with that government the
                    responsibilities of USAID and that government to
                    monitor and account for deposits into and disbursements
                    from the separate account.
                (2) Uses of local currencies.--As may be agreed upon with
            the foreign government, local currencies deposited in a
            separate account pursuant to subsection (a), or an equivalent
            amount of local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II of the Foreign Assistance Act of
                    1961 (as the case may be), for such purposes as--
                                (i) project and sector assistance
                            activities; or
                                (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--USAID shall take all
            necessary steps to ensure that the equivalent of the local
            currencies disbursed pursuant to subsection (a)(2)(A) from the
            separate account established pursuant to subsection (a)(1) are
            used for the purposes agreed upon pursuant to subsection
            (a)(2).
                (4) Termination of assistance programs.--Upon termination
            of assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II of the Foreign Assistance Act of 1961 (as
            the case may be), any unencumbered balances of funds which
            remain in a separate account established pursuant to subsection
            (a) shall be disposed of for such purposes as may be agreed to
            by the government of that country and the United States
            Government.
                (5) Reporting requirement.--The USAID Administrator shall
            report on an annual basis as part of the justification
            documents submitted to the Committees on Appropriations on the
            use of local currencies for the administrative requirements of
            the United States Government as authorized in subsection
            (a)(2)(B), and such report shall include the amount of local
            currency (and United States dollar equivalent) used and/or to
            be used for such purpose in each applicable country.
        (b) Separate Accounts for Cash Transfers.--
                (1) If assistance is made available to the government of a
            foreign country, under chapter 1 or 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961, as cash
            transfer assistance or as nonproject sector assistance, that
            country shall be required to maintain such funds in a separate
            account and not commingle them with any other funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) Notification.--At least 15 days prior to obligating any
            such cash transfer or nonproject sector assistance, the
            President shall submit a notification through the regular
            notification procedures of the Committees on Appropriations,
            which shall include a detailed description of how the funds
            proposed to be made available will be used, with a discussion
            of the United States interests that will be served by the
            assistance (including, as appropriate, a description of the
            economic policy reforms that will be promoted by such
            assistance).
                (4) Exemption.--Nonproject sector assistance funds may be
            exempt from the requirements of subsection (b)(1) only through
            the regular notification procedures of the Committees on
            Appropriations.

                  assistance for nongovernmental organizations

        Sec. 7028. (a) Section 123 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2151u) is amended at the end by adding the following new
    subsection:
        ``(i)(1) Restrictions contained in this or any other Act with
    respect to assistance for a country shall not be construed to restrict
    assistance in support of programs of nongovernmental organizations
    from--
                ``(A) funds made available to carry out this chapter and
            chapters 10, 11, and 12 of part I and chapter 4 of part II; or
                ``(B) funds made available for economic assistance
            activities under the Support for East European Democracy (SEED)
            Act of 1989 (22 U.S.C. 5401 et seq.).
        ``(2) The President shall submit to Congress, in accordance with
    section 634A, advance notice of an intent to obligate funds under the
    authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations.
        ``(3) Assistance may not be furnished through nongovernmental
    organizations to the central government of a country under the
    authority of this subsection, but assistance may be furnished to local,
    district, or subnational government entities under such authority.''.
        ``(4) Exception.--This subsection shall not apply--
                ``(A) with respect to section 620A of this Act or any
            comparable provision of law prohibiting assistance to countries
            that support international terrorism; or
                ``(B) with respect to section 116 of this Act or any
            comparable provision of law prohibiting assistance to the
            government of a country that violates internationally
            recognized human rights.''.
        (b) Public Law 480.--During fiscal year 2011, restrictions
    contained in this or any other Act with respect to assistance for a
    country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act
    and made available pursuant to this subsection may be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.

                      impact on jobs in the united states

        Sec. 7029.  None of the funds appropriated under titles III through
    VI of this Act may be obligated or expended to provide--
                (1) any financial incentive to a business enterprise
            currently located in the United States for the purpose of
            inducing such an enterprise to relocate outside the United
            States if such incentive or inducement is likely to reduce the
            number of employees of such business enterprise in the United
            States because United States production is being replaced by
            such enterprise outside the United States; or
                (2) assistance for any program, project, or activity that
            contributes to the violation of internationally recognized
            workers rights, as defined in section 507(4) of the Trade Act
            of 1974, of workers in the recipient country, including any
            designated zone or area in that country: Provided, That the
            application of section 507(4)(D) and (E) of such Act should be
            commensurate with the level of development of the recipient
            country and sector, and shall not preclude assistance for the
            informal sector in such country, micro and small-scale
            enterprise, and smallholder agriculture.

                      international financial institutions

        Sec. 7030. (a) None of the funds appropriated in title V of this
    Act may be made as payment to any international financial institution
    while the United States executive director to such institution is
    compensated by the institution at a rate which, together with whatever
    compensation such executive director receives from the United States,
    is in excess of the rate provided for an individual occupying a
    position at level IV of the Executive Schedule under section 5315 of
    title 5, United States Code, or while any alternate United States
    executive director to such institution is compensated by the
    institution at a rate in excess of the rate provided for an individual
    occupying a position at level V of the Executive Schedule under section
    5316 of title 5, United States Code.
        (b) The Secretary of the Treasury shall instruct the United States
    executive director of each international financial institution to
    oppose any loan, grant, strategy or policy of such institution that
    would require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention, care and
    treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal health, in connection with such institution's financing
    programs.
        (c) The Secretary of the Treasury shall instruct the United States
    Executive Director of the International Monetary Fund (the Fund) to use
    the voice and vote of the United States to oppose any loan, project,
    agreement, memorandum, instrument, plan, or other program of the Fund
    to a Heavily Indebted Poor Country that imposes budget caps or
    restraints that do not allow the maintenance of or an increase in
    governmental spending on health care or education; and to promote
    government spending on healthcare, education, food aid, or other
    critical safety net programs in all of the Fund's activities with
    respect to Heavily Indebted Poor Countries.

                              debt-for-development

        Sec. 7031.  In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development
    may place in interest bearing accounts local currencies which accrue to
    that organization as a result of economic assistance provided under
    title III of this Act and, subject to the regular notification
    procedures of the Committees on Appropriations, any interest earned on
    such investment shall be used for the purpose for which the assistance
    was provided to that organization.

                 authority to engage in debt buybacks or sales

        Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
                (1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible
            purchaser, reduce or cancel such loan or portion thereof, only
            for the purpose of facilitating--
                        (A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or
                        (B) a debt buyback by an eligible country of its
                    own qualified debt, only if the eligible country uses
                    an additional amount of the local currency of the
                    eligible country, equal to not less than 40 percent of
                    the price paid for such debt by such eligible country,
                    or the difference between the price paid for such debt
                    and the face value of such debt, to support activities
                    that link conservation and sustainable use of natural
                    resources with local community development, and child
                    survival and other child development, in a manner
                    consistent with sections 707 through 710 of the Foreign
                    Assistance Act of 1961, if the sale, reduction, or
                    cancellation would not contravene any term or condition
                    of any prior agreement relating to such loan.
                (2) Terms and conditions.--Notwithstanding any other
            provision of law, the President shall, in accordance with this
            section, establish the terms and conditions under which loans
            may be sold, reduced, or canceled pursuant to this section.
                (3) Administration.--The Facility, as defined in section
            702(8) of the Foreign Assistance Act of 1961, shall notify the
            administrator of the agency primarily responsible for
            administering part I of the Foreign Assistance Act of 1961 of
            purchasers that the President has determined to be eligible,
            and shall direct such agency to carry out the sale, reduction,
            or cancellation of a loan pursuant to this section: Provided,
            That such agency shall make adjustment in its accounts to
            reflect the sale, reduction, or cancellation.
                (4) Limitation.--The authorities of this subsection shall
            be available only to the extent that appropriations for the
            cost of the modification, as defined in section 502 of the
            Congressional Budget Act of 1974, are made in advance.
        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section,
    of any loan made to an eligible country, the President should consult
    with the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to funds appropriated by this Act
    under the heading ``Debt Restructuring''.

                      special debt relief for the poorest

        Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
                (1) guarantees issued under sections 221 and 222 of the
            Foreign Assistance Act of 1961;
                (2) credits extended or guarantees issued under the Arms
            Export Control Act; or
                (3) any obligation or portion of such obligation, to pay
            for purchases of United States agricultural commodities
            guaranteed by the Commodity Credit Corporation under export
            credit guarantee programs authorized pursuant to section 5(f)
            of the Commodity Credit Corporation Charter Act of June 29,
            1948, as amended, section 4(b) of the Food for Peace Act of
            1966, as amended (Public Law 89-808), or section 202 of the
            Agricultural Trade Act of 1978, as amended (Public Law 95-501).
        (b) Limitations.--
                (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt relief
            and referendum agreements, commonly referred to as ``Paris Club
            Agreed Minutes''.
                (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is provided
            in advance by appropriations Acts.
                (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy debt
            burdens that are eligible to borrow from the International
            Development Association, but not from the International Bank
            for Reconstruction and Development, commonly referred to as
            ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
                (1) does not have an excessive level of military
            expenditures;
                (2) has not repeatedly provided support for acts of
            international terrorism;
                (3) is not failing to cooperate on international narcotics
            control matters;
                (4) (including its military or other security forces) does
            not engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
                (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to the funds appropriated by this Act
    under the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance for the
    purposes of any provision of law limiting assistance to a country:
    Provided, That the authority provided by subsection (a) may be
    exercised notwithstanding section 620(r) of the Foreign Assistance Act
    of 1961 or section 321 of the International Development and Food
    Assistance Act of 1975.

                               special provisions

        Sec. 7034. (a) Afghanistan, Pakistan, Iraq, Lebanon, Victims of
    War, Displaced Children, and Displaced Burmese.--Funds appropriated
    under titles III through VI of this Act that are made available for
    assistance for Afghanistan may be made available notwithstanding
    section 7012 of this Act or any similar provision of law and section
    660 of the Foreign Assistance Act of 1961, and funds appropriated under
    titles III and VI of this Act that are made available for assistance
    for Pakistan, Iraq, and Lebanon and for victims of war, displaced
    children, displaced Burmese, and to assist victims of trafficking in
    persons and, subject to the regular notification procedures of the
    Committees on Appropriations, to combat such trafficking, may be made
    available notwithstanding any other provision of law.
        (b) Waiver.--
                (1) The President may waive the provisions of section 1003
            of Public Law 100-204 if the President determines and certifies
            in writing to the Speaker of the House of Representatives, the
            President pro tempore of the Senate, and the Committees on
            Appropriations that it is important to the national security
            interests of the United States.
                (2) Period of application of waiver.--Any waiver pursuant
            to paragraph (1) shall be effective for no more than a period
            of 6 months at a time and shall not apply beyond 12 months
            after the enactment of this Act.
        (c) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development (USAID) may provide an
    exception to the fair opportunity process for placing task orders under
    such contracts when the order is placed with any category of small or
    small disadvantaged business.
        (d) Authority Repealed.--Section 564(g)(4) of Public Law 106-429
    and section 3204(f) of division B of Public Law 106-246, as amended,
    are hereby repealed.
        (e) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (f) Extension of Authority.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167) is amended--
                (1) In section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``and 2010''
                    and inserting ``2010, and 2011''; and
                        (B) in subsection (e), by striking ``2010'' each
                    place it appears and inserting ``2011''; and
                (2) in section 599E (8 U.S.C. 1255 note) in subsection
            (b)(2), by striking ``2010'' and inserting ``2011''.
        (g) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance, USAID, from this or
    any other Act, $10,000,000 shall be made available as a general
    contribution to the World Food Program, notwithstanding any other
    provision of law.
        (h) Disarmament, Demobilization and Reintegration.--Notwithstanding
    any other provision of law, regulation or Executive order, funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Economic Support Fund'', ``Peacekeeping Operations'',
    ``International Disaster Assistance'', and ``Transition Initiatives''
    may be made available to support programs to disarm, demobilize, and
    reintegrate into civilian society former members of foreign terrorist
    organizations: Provided, That the Secretary of State shall consult with
    the Committees on Appropriations prior to the obligation of funds
    pursuant to this subsection: Provided further, That for the purposes of
    this subsection the term ``foreign terrorist organization'' means an
    organization designated as a terrorist organization under section 219
    of the Immigration and Nationality Act.
        (i) Personnel.--The authority provided by section 1113 of Public
    Law 111-32 shall remain in effect through fiscal year 2011: Provided,
    That none of the funds appropriated or otherwise made available by this
    Act or any other Act making appropriations for the Department of State,
    foreign operations, and related programs may be used to implement phase
    3 of such authority.
        (j) Contingencies.--During fiscal year 2011, the President may use
    up to $75,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
        (k) Consolidation of Reports.--The Secretary of State, in
    coordination with the USAID Administrator, shall submit to the
    Committees on Appropriations not later than 90 days after enactment of
    this Act recommendations for the consolidation or combination of
    reports (including plans and strategies) that are called for by any
    provision of law to be submitted to the Congress and that are
    substantially duplicative of others called for by any other provision
    of law: Provided, That reports are considered ``substantially
    duplicative'' if they are required to address at least more than half
    of the same substantive factors, criteria and issues that are required
    to be addressed by any other report, and any such consolidated report
    must address all the substantive factors, criteria and issues required
    to be addressed in each of the individual reports:  Provided further,
    That reports affected by this subsection are those within the purview
    of, or prepared primarily by, the Department of State and USAID and
    that relate to matters addressed under this Act or any other Act
    authorizing or appropriating funds for use by, or actions of, the
    Department of State or USAID.
        (l) Program for Research and Training on Eastern Europe and the
    Independent States of the Former Soviet Union.--Of the funds
    appropriated by this Act under the heading, ``Economic Support Fund'',
    not less than $5,000,000 shall be made available to carry out the
    Program for Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union (title VIII) as authorized by the
    Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501-4508, as amended).
        (m) International Fund for Ireland.--Of the funds appropriated
    under the heading ``Economic Support Fund'' in this Act, $15,000,000
    shall be made available for the United States contribution to the
    International Fund for Ireland to carry out the provisions of chapter 4
    of part II of the Foreign Assistance Act of 1961 in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities.
        (n) Democracy Promotion.--
                (1) Funds made available by this Act that are made
            available for the promotion of democracy may be made available
            notwithstanding any other provision of law, and with regard to
            the National Endowment for Democracy, any regulation.
                (2) For the purposes of funds appropriated by this Act, the
            term ``promotion of democracy'' means programs that support
            good governance, human rights, independent media, and the rule
            of law, and otherwise strengthen the capacity of democratic
            political parties, governments, nongovernmental organizations
            and institutions, and citizens to support the development of
            democratic states, institutions, and practices that are
            responsive and accountable to citizens.
                (3) Any contract, grant, or cooperative agreement (or any
            amendment to any contract, grant or cooperative agreement) in
            excess of $1,000,000 of funds under the heading ``Democracy
            Fund'', and in excess of $1,000,000 under other headings in
            this Act for the promotion of democracy, with the exception of
            programs and activities of the National Endowment for
            Democracy, shall be subject to the regular notification
            procedures of the Committees on Appropriations.
                (4) With respect to the provision of assistance for
            democracy, human rights and governance activities in this Act,
            the organizations implementing such assistance and the specific
            nature of that assistance shall not be subject to the prior
            approval by the government of any foreign country.
                (5) Of the funds appropriated under title III of this Act
            that are made available for the promotion of democracy, up to
            $20,000,000 shall be made available to expand access to
            information and communications through the Internet, and shall
            be used for programs that provide unmonitored and uncensored
            access to the Internet for large numbers of users living in
            closed societies that have acutely hostile Internet
            environments: Provided, That such funds, and any unobligated
            funds appropriated in prior Acts making appropriations for the
            Department of State, foreign operations and related programs
            for Internet freedom, shall not be obligated until the
            Secretary of State, in coordination with the USAID
            Administrator and the Broadcasting Board of Governors, submits
            to the Committees on Appropriations, in classified form if
            necessary, a detailed, multi-year strategy to promote Internet
            freedom abroad, including goals and objectives, funding data by
            Federal agency, program and fiscal year, and a detailed
            description of the following--
                        (A) mechanisms and tools, inluding censorship
                    circumvention technology, to be used to promote
                    expanded access and freedom via the Internet and other
                    forms of connection technology, especially for people
                    living in countries whose governments censor, monitor,
                    distort, and restrict the Internet and other forms of
                    media;
                        (B) the countries which will be focal points for
                    such strategy, and an assessment of options to reach
                    the largest number of people in each country;
                        (C) projected outcomes and metrics for measuring
                    the impact and sustainability of programs established
                    by such funds; and
                        (D) an assessment of the effectiveness of the uses
                    of previously appropriated funds for this purpose.
        (o) Accountability Review Boards.--The authority provided by
    section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism
    Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect through
    September 30, 2011.
        (p) Partner Vetting.--Funds appropriated by this Act may be used to
    implement a Partner Vetting System (PVS) pilot program, including
    necessary rulemaking: Provided, That any such PVS pilot program shall
    apply equally to the programs and activities of the Department of State
    and USAID: Provided further, That the Secretary of State and the USAID
    Administrator shall jointly consult with the Committees on
    Appropriations not later than 30 days after enactment of this Act on
    progress implementing the PVS pilot program, and preliminary results:
    Provided further, That such funds shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (q) Modification Date of Report.--Section 102(b)(1) of the
    International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1) is
    amended by striking ``September 1'' and inserting ``April 1''.
        (r) Protections and Remedies for Employees of Diplomatic Missions
    and International Organizations.--The Secretary of State shall
    implement section 203(a)(2) of the William Wilberforce Trafficking
    Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
    Provided, That in determining whether to suspend the issuance of A-3 or
    G-5 visas to applicants seeking to work for officials of a diplomatic
    mission or international organization, the Secretary shall consider
    whether a final court judgment has been issued against a current or
    former employee of such mission or organization (and the time period
    for a final appeal has expired) or whether the Department of State has
    requested that immunity of individual diplomats or family members be
    waived to permit criminal prosecution: Provided further, That the
    Secretary should continue to assist in obtaining payment of final court
    judgments awarded to A-3 and G-5 visa holders, including encouraging
    the sending states to provide compensation directly to victims:
    Provided further, That the Secretary shall include, in a manner the
    Secretary deems appropriate, all trafficking cases involving A-3 or G-5
    visa holders in the Trafficking in Persons annual report for which a
    final civil judgment has been issued (and the time period for final
    appeal has expired) or the Department of Justice has determined that
    the United States Government would seek to indict the diplomat or a
    family member but for diplomatic immunity.
        (s) Modification of Amendment.--Section 620J of the Foreign
    Assistance Act of 1961 (Limitation on Assistance to Security Forces) is
    amended as follows:
                (1) by redesignating the section as section 620M;
                (2) in subsection (a), by striking ``evidence'' and
            inserting ``information'' and by striking ``gross violations''
            and inserting ``a gross violation''; and
                (3) by adding the following subsection:
        ``(d) Credible Information.--Not later than 180 days after the
    enactment of this section, the Secretary shall establish procedures
    to--
                ``(1) ensure that information about gross violations of
            human rights by units of the security forces of a foreign
            country is gathered and received (including from United States
            Government sources and from individuals and organizations
            outside the United States Government), maintained, and
            evaluated; and
                ``(2) identify the unit involved when credible information
            of a gross violation exists but the identity of the unit is
            lacking.''
        (t) Sections Repealed.--Sections 494, 495, and 495B through 495K of
    the Foreign Assistance Act of 1961, and section 1511 of the Foreign
    Affairs Agencies Consolidation Act of 1998 (Public Law 105-277), are
    hereby repealed.
        (u) Mid-career Pilot Program.--Notwithstanding any other provision
    of law, funds appropriated under the heading ``Diplomatic and Consular
    Programs'' shall be made available for a pilot program to recruit,
    hire, and train up to 25 mid-career professionals for the Foreign
    Service: Provided, That the Secretary of State shall consult with the
    Committees on Appropriations on the parameters of such a pilot program.
        (v) Videoconference Interviews.--
                (1) The Secretary of State shall develop and conduct a
            pilot program for the processing of tourist visas using secure
            remote videoconferencing technology as a method for conducting
            visa interviews of applicants, and shall work with other
            Federal agencies that use such secure communications to help
            ensure security of the videoconferencing transmission and
            encryption.
                (2) Not later than 90 days after the end of the pilot
            program the Secretary of State shall submit a report to the
            Committees on Appropriations detailing the results of such
            program including recommendations on whether it should be
            continued, broadened, or modified.
                (3) The Secretary of State may waive the requirement of
            paragraph (1) if the Secretary determines and reports to the
            Committees on Appropriations that such program poses an undue
            security risk, such that it cannot be done in a manner
            consistent with maintaining security controls.
        (w) Annuitant Waiver.--
                (1) Section 824(g) of the Foreign Service Act of 1980 (22
            U.S.C. 4064(g)) is amended--
                        (A) in paragraph (1)(B), by striking ``to
                    facilitate the'' and all that follows through
                    ``Afghanistan,'';
                        (B) by striking paragraph (2); and
                        (C) by redesignating paragraph (3) as paragraph
                    (2).
                (2) Section 61 of the State Department Basic Authorities
            Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(2) by
            striking ``2010'' and inserting ``2012''.
                (3) Section 625 of the Foreign Assistance Act of 1961 (22
            U.S.C. 2385) is amended in subsection (j)(1)(B) by striking
            ``2010'' and inserting ``2012''.
        (x) Fees.--
                (1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
            U.S.C. 214(b)(2)) is amended by striking ``2010'' and inserting
            instead ``2011''.
                (2) Section 410(a)(1)(A) of title IV of the Department of
            State and Related Agencies Appropriations Act, 1999 (contained
            in division A of Public Law 105-277) is amended by striking ``a
            fee of $13'' and inserting ``a fee of not to exceed half the
            amount of the fee that would otherwise apply for processing a
            machine readable combined border crossing identification card
            and non-immigrant visa, and may be increased not more than 50
            percent in a fiscal year''.
        (y) Victims Compensation.--Of the funds appropriated under the
    heading ``Diplomatic and Consular Programs'' in this Act, up to
    $4,000,000 may be made available for the purposes described in the
    sixth proviso, under the terms and conditions of the seventh proviso,
    under such heading in division J of Public Law 110-161: Provided, That
    these funds are in addition to the amount previously appropriated for
    such purposes.
        (z) Tropical Forest Programs.--The second proviso of section
    7081(d) of Public Law 111-117 is amended to read as follows: ``
    Provided further, That Funds appropriated under title III of this Act
    for tropical forest programs shall be used for purposes including to
    implement and enforce section 8204 of Public Law 110-246, shall not be
    used to support or promote the expansion of industrial scale logging
    into primary tropical forests, and shall be subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations:''.

                         arab league boycott of israel

        Sec. 7035.  It is the sense of the Congress that--
                (1) the Arab League boycott of Israel, and the secondary
            boycott of American firms that have commercial ties with
            Israel, is an impediment to peace in the region and to United
            States investment and trade in the Middle East and North
            Africa;
                (2) the Arab League boycott, which was regrettably
            reinstated in 1997, should be immediately and publicly
            terminated, and the Central Office for the Boycott of Israel
            immediately disbanded;
                (3) all Arab League states should normalize relations with
            their neighbor Israel;
                (4) the President and the Secretary of State should
            continue to vigorously oppose the Arab League boycott of Israel
            and find concrete steps to demonstrate that opposition by, for
            example, taking into consideration the participation of any
            recipient country in the boycott when determining to sell
            weapons to said country; and
                (5) the President should report to Congress annually on
            specific steps being taken by the United States to encourage
            Arab League states to normalize their relations with Israel to
            bring about the termination of the Arab League boycott of
            Israel, including those to encourage allies and trading
            partners of the United States to enact laws prohibiting
            businesses from complying with the boycott and penalizing
            businesses that do comply.

                             palestinian statehood

        Sec. 7036. (a) Limitation on Assistance.--None of the funds
    appropriated under titles III through VI of this Act may be provided to
    support a Palestinian state unless the Secretary of State determines
    and certifies to the appropriate congressional committees that--
                (1) the governing entity of a new Palestinian state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel;
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgment of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through
                    measures including the establishment of demilitarized
                    zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.
        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its
    citizens, and should enact other laws and regulations assuring
    transparent and accountable governance.
        (c) Waiver.--The President may waive subsection (a) if he
    determines that it is important to the national security interests of
    the United States to do so.
        (d) Exemption.--The restriction in subsection (a) shall not apply
    to assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance to the Palestinian
    Authority'').

               restrictions concerning the palestinian authority

        Sec. 7037.  None of the funds appropriated under titles II through
    VI of this Act may be obligated or expended to create in any part of
    Jerusalem a new office of any department or agency of the United States
    Government for the purpose of conducting official United States
    Government business with the Palestinian Authority over Gaza and
    Jericho or any successor Palestinian governing entity provided for in
    the Israel-PLO Declaration of Principles: Provided, That this
    restriction shall not apply to the acquisition of additional space for
    the existing Consulate General in Jerusalem: Provided further, That
    meetings between officers and employees of the United States and
    officials of the Palestinian Authority, or any successor Palestinian
    governing entity provided for in the Israel-PLO Declaration of
    Principles, for the purpose of conducting official United States
    Government business with such authority should continue to take place
    in locations other than Jerusalem: Provided further, That as has been
    true in the past, officers and employees of the United States
    Government may continue to meet in Jerusalem on other subjects with
    Palestinians (including those who now occupy positions in the
    Palestinian Authority), have social contacts, and have incidental
    discussions.

     prohibition on assistance to the palestinian broadcasting corporation

        Sec. 7038.  None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                     assistance for the west bank and gaza

        Sec. 7039. (a) Oversight.--For fiscal year 2011, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the Committees on
    Appropriations that procedures have been established to assure the
    Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.
        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity nor, with
    respect to private entities or educational institutions, those that
    have as a principal officer of the entity's governing board or
    governing board of trustees any individual that has been determined to
    be involved in, or advocating terrorist activity or determined to be a
    member of a designated foreign terrorist organization: Provided, That
    the Secretary of State shall, as appropriate, establish procedures
    specifying the steps to be taken in carrying out this subsection and
    shall terminate assistance to any individual, entity, or educational
    institution which the Secretary has determined to be involved in or
    advocating terrorist activity.
        (c) Prohibition.--
                (1) None of the funds appropriated under titles III through
            VI of this Act for assistance under the West Bank and Gaza
            Program may be made available for the purpose of recognizing or
            otherwise honoring individuals who commit, or have committed
            acts of terrorism.
                (2) Notwithstanding any other provision of law, none of the
            funds made available by this or prior appropriations act,
            including funds made available by transfer, may be made
            available for obligation for security assistance for the West
            Bank and Gaza until the Secretary of State reports to the
            Committees on Appropriations on the benchmarks that have been
            established for security assistance for the West Bank and Gaza
            and reports on the extent of Palestinian compliance with such
            benchmarks.
        (d) Audits.--
                (1) The Administrator of the United States Agency for
            International Development (USAID) shall ensure that Federal or
            non-Federal audits of all contractors and grantees, and
            significant subcontractors and sub-grantees, under the West
            Bank and Gaza Program, are conducted at least on an annual
            basis to ensure, among other things, compliance with this
            section.
                (2) Of the funds appropriated by this Act up to $500,000
            may be used by the Office of Inspector General of USAID for
            audits, inspections, and other activities in furtherance of the
            requirements of this subsection: Provided, That such funds are
            in addition to funds otherwise available for such purposes.
        (e) Subsequent to the certification specified in subsection (a),
    the Comptroller General of the United States shall conduct an audit and
    an investigation of the treatment, handling, and uses of all funds for
    the bilateral West Bank and Gaza Program, including all funds provided
    as cash transfer assistance, in fiscal year 2011 under the heading
    ``Economic Support Fund'', and such audit shall address--
                (1) the extent to which such Program complies with the
            requirements of subsections (b) and (c); and
                (2) an examination of all programs, projects, and
            activities carried out under such Program, including both
            obligations and expenditures.
        (f) Funds made available in this Act for West Bank and Gaza shall
    be subject to the regular notification procedures of the Committees on
    Appropriations.
        (g) Not later than 180 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations updating the report contained in section 2106 of chapter
    2 of title II of Public Law 109-13.

             limitation on assistance for the palestinian authority

        Sec. 7040. (a) Prohibition of Funds.--None of the funds
    appropriated by this Act to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961 may be obligated or
    expended with respect to providing funds to the Palestinian Authority.
        (b) Waiver.--The prohibition included in subsection (a) shall not
    apply if the President certifies in writing to the Speaker of the House
    of Representatives, the President pro tempore of the Senate, and the
    Committees on Appropriations that waiving such prohibition is important
    to the national security interests of the United States.
        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for the waiver, the
    purposes for which the funds will be spent, and the accounting
    procedures in place to ensure that the funds are properly disbursed:
    Provided, That the report shall also detail the steps the Palestinian
    Authority has taken to arrest terrorists, confiscate weapons and
    dismantle the terrorist infrastructure.
        (e) Certification.--If the President exercises the waiver authority
    under subsection (b), the Secretary of State must certify and report to
    the Committees on Appropriations prior to the obligation of funds that
    the Palestinian Authority has established a single treasury account for
    all Palestinian Authority financing and all financing mechanisms flow
    through this account, no parallel financing mechanisms exist outside of
    the Palestinian Authority treasury account, and there is a single
    comprehensive civil service roster and payroll.
        (f) Prohibition to Hamas and the Palestine Liberation
    Organization.--
                (1) None of the funds appropriated in titles III through VI
            of this Act may be obligated for salaries of personnel of the
            Palestinian Authority located in Gaza or may be obligated or
            expended for assistance to Hamas or any entity effectively
            controlled by Hamas or any power-sharing government of which
            Hamas is a member.
                (2) Notwithstanding the limitation of subsection (1),
            assistance may be provided to a power-sharing government only
            if the President certifies and reports to the Committees on
            Appropriations that such government, including all of its
            ministers or such equivalent, has publicly accepted and is
            complying with the principles contained in section
            620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
            amended.
                (3) The President may exercise the authority in section
            620K(e) of the Foreign Assistance Act as added by the
            Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
            with respect to this subsection.
                (4) Whenever the certification pursuant to paragraph (2) is
            exercised, the Secretary of State shall submit a report to the
            Committees on Appropriations within 120 days of the
            certification and every quarter thereafter on whether such
            government, including all of its ministers or such equivalent
            are continuing to comply with the principles contained in
            section 620K(b)(l)(A) and (B) of the Foreign Assistance Act of
            1961, as amended: Provided, That the report shall also detail
            the amount, purposes and delivery mechanisms for any assistance
            provided pursuant to the abovementioned certification and a
            full accounting of any direct support of such government.
                (5) None of the funds appropriated under titles III through
            VI of this Act may be obligated for assistance for the
            Palestine Liberation Organization.

                                   near east

        Sec. 7041. (a) Iraq.--
                (1) Funds appropriated or otherwise made available by this
            Act for assistance for Iraq shall be made available in a manner
            that utilizes Iraqi entities to the maximum extent practicable,
            and in accordance with the Department of State's April 9, 2009
            ``Guidelines for Government of Iraq Financial Participation in
            United States Government-Funded Civilian Foreign Assistance
            Programs and Projects''.
                (2) None of the funds appropriated or otherwise made
            available by this Act may be used by the Government of the
            United States to enter into a permanent basing rights agreement
            between the United States and Iraq.
                (3) Funds appropriated or otherwise made available by this
            Act for security-related programs in Iraq may only be made
            available if the Secretary of State certifies to the Committees
            on Appropriations that the Government of Iraq has committed to
            contributing to, and sustaining, such programs, including
            details on the manner in which such contributions and
            sustainment will be achieved.
                (4) Of the funds appropriated by this Act for assistance
            for Iraq under the heading ``Economic Support Fund'', not less
            than $10,000,000 shall be made available for programs and
            activities for which policy justifications and decisions shall
            be the responsibility of the United States Chief of Mission in
            Iraq.
                (5) Not later than 45 days after enactment of this Act, and
            prior to the initial obligation of funds, the Secretary of
            State, in consultation with the Administrator of the United
            States Agency for International Development, shall submit to
            the Committees on Appropriations a spending plan for funds
            appropriated or otherwise made available by this Act for
            assistance for Iraq, which shall include clear and achievable
            goals and objectives, indicators and benchmarks for measuring
            progress, and expected results: Provided, That such plan shall
            not be considered as meeting the notification requirements
            under section 7015 of this Act or under section 634A of the
            Foreign Assistance Act of 1961.
        (b) Lebanon.--Funds appropriated under the heading ``Foreign
    Military Financing Program'' in this Act for assistance for Lebanon
    shall be made available only to professionalize the Lebanese Armed
    Forces and to strengthen border security and combat terrorism,
    including training and equipping the Lebanese Armed Forces to secure
    Lebanon's borders, interdicting arms shipments, preventing the use of
    Lebanon as a safe haven for terrorist groups, and to implement United
    Nations Security Council Resolution 1701: Provided, That funds may not
    be made available for obligation until the Secretary of State provides
    the Committees on Appropriations a detailed spending plan: Provided
    further, That such plan shall not be considered as meeting the
    notification requirements under section 7015 of this Act or under
    section 634A of the Foreign Assistance Act of 1961.
        (c) Middle East Peace.--Not later than 90 days after the date of
    enactment of this Act, the Secretary of State shall submit to the
    Committees on Appropriations a strategy for curbing incitement and
    promoting tolerance in the Middle East region: Provided, That funds
    appropriated or otherwise made available in this Act for the Middle
    East Partnership Initiative should be made available to implement such
    strategy, subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.
        (d) Saudi Arabia.--Section 7041 in division F of Public Law 111-117
    shall continue in effect during fiscal year 2011 and shall apply as if
    part of this Act.
        (e) West Bank and Gaza.--The reporting requirements regarding the
    United Nations Relief and Works Agency contained in the joint
    explanatory statement accompanying the Supplemental Appropriations Act,
    2009 (Public Law 111-32) under the heading ``Migration and Refugee
    Assistance'' in title XI shall apply to funds made available by this
    Act under such heading.

                                 iran sanctions

        Sec. 7042. (a) The declaration of policy in section 3 of the Iran
    Sanctions Act of 1996 (Public Law 104-172) is incorporated herein.
        (b) None of the funds appropriated or otherwise made available in
    title VI of this Act under the heading ``Export-Import Bank of the
    United States'' may be used by the Export-Import Bank of the United
    States to provide any new financing (including loans, guarantees, other
    credits, insurance, and reinsurance) to any person that is subject to
    sanctions under paragraph (2) or (3) of section 5(a) of the Iran
    Sanctions Act of 1996 (Public Law 104-172).
        (c) The reporting requirement in section 7043(c)(2) in division F
    of Public Law 111-117 shall continue in effect during fiscal year 2011
    as if part of this Act.

                       aircraft transfer and coordination

        Sec. 7043. (a) Transfer Authority.--Notwithstanding any other
    provision of law or regulation, aircraft procured with funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Diplomatic and Consular Programs'', ``International
    Narcotics Control and Law Enforcement'', ``Andean Counterdrug
    Initiative'' and ``Andean Counterdrug Programs'' may be used for any
    other program and in any region, including for the transportation of
    active and standby Civilian Response Corps personnel and equipment
    during a deployment: Provided, That the responsibility for policy
    decisions and justification for the use of such transfer authority
    shall be the responsibility of the Secretary of State and the Deputy
    Secretary of State and this responsibility shall not be delegated.
        (b) Property Disposal.--The authority provided in subsection (a)
    shall apply only after a determination by the Secretary of State to the
    Committees on Appropriations that the equipment is no longer required
    to meet programmatic purposes in the designated country or region:
    Provided, That any such transfer shall be subject to prior consultation
    with, and the regular notification procedures of, the Committees on
    Appropriations.
        (c) Aircraft Coordination.--
                (1) Aircraft purchased or leased by the Department of State
            and the United States Agency for International Development
            (USAID) with funds made available in this Act or prior Acts
            making appropriations for the Department of State, foreign
            operations, and related programs shall be coordinated under the
            authority of the appropriate Chief of Mission: Provided, That
            such aircraft may be used to transport, on a reimbursable or
            non-reimbursable basis, Federal and non-Federal personnel
            supporting the Department of State and USAID programs and
            activities: Provided further, That official travel for other
            agencies for other purposes may be supported on a reimbursable
            basis, or without reimbursement when traveling on a space
            available basis.
                (2) The requirement and authorities of this subsection
            shall only apply to aircraft, the primary purpose of which is
            the transportation of personnel.

                               western hemisphere

        Sec. 7044. (a) Trade Capacity.--Of the funds appropriated by this
    Act, not less than $10,000,000 under the heading ``Development
    Assistance'' and not less than $10,000,000 under the heading ``Economic
    Support Fund'' shall be made available for labor and environmental
    capacity building activities relating to free trade agreements with
    countries of Central America, Peru and the Dominican Republic.
        (b) Assistance for Haiti.--
                (1) The Government of Haiti shall be eligible to purchase
            defense articles and services under the Arms Export Control Act
            (22 U.S.C. 2751 et seq.), for the Coast Guard.
                (2) Funds appropriated under the heading ``Economic Support
            Fund'' in this Act that are made available for assistance for
            Haiti shall be made available, to the maximum extent
            practicable, in a manner that emphasizes the participation and
            leadership of Haitian civil society organizations and directly
            improves the security, economic and social well-being, and
            political status, of Haitian women and girls.
                (3) None of the funds made available by this Act under the
            heading ``International Narcotics Control and Law Enforcement''
            may be used to transfer excess weapons or ammunition of an
            agency of the United States Government to any individual or
            unit of the Haitian National Police if the Secretary of State
            has credible information that such individual or unit has
            committed a gross violation of internationally recognized human
            rights or other serious crime.
        (c) Caribbean Basin Security Initiative.--
                (1) Of the funds appropriated by this Act, not more than
            $59,900,000 shall be made available for the Caribbean Basin
            Security Initiative (CBSI), of which not more than $16,000,000
            shall be funds appropriated under the heading ``Foreign
            Military Financing Program'' to support military reform and air
            and maritime operations: Provided, That a priority of the CBSI
            should be to build the capacity and professionalism of civilian
            police and judicial institutions: Provided further, That none
            of the funds made available under this subsection shall be made
            available for budget support or as cash payments.
                (2) Spending plan.--Not later than 45 days after the date
            of the enactment of this Act and prior to the initial
            obligation of funds, the Secretary of State shall submit to the
            Committees on Appropriations a detailed spending plan for the
            countries of the Caribbean Basin which shall include clear and
            achievable goals and objectives, indicators and benchmarks for
            measuring progress, and expected results: Provided, That such
            plan shall not be considered as meeting the notification
            requirements under section 7015 of this Act or under section
            634A of the Foreign Assistance Act of 1961.
                (3) Definition.--For the purposes of this subsection,
            ``Caribbean Basin Security Initiative'' and ``countries of the
            Caribbean Basin'' include Antigua and Barbuda, The Bahamas,
            Barbados, Belize, Dominica, Dominican Republic, Grenada,
            Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia,
            Saint Vincent and the Grenadines, Suriname, and Trinidad and
            Tobago.
        (d) Assistance for Guatemala.--
                (1) Of the funds appropriated in this Act under the heading
            ``International Narcotics Control and Law Enforcement'' not
            less than $4,000,000 shall be made available for a United
            States contribution to the International Commission Against
            Impunity in Guatemala.
                (2) None of the funds appropriated under the headings
            ``International Military Education and Training'' and ``Foreign
            Military Financing Program'' may be made available for
            assistance for the Guatemalan Army, except that such funds may
            be made available for the Army Corps of Engineers only to
            improve disaster response capabilities and to participate in
            international peacekeeping operations.
        (e) Assistance for Mexico.--
                (1) Prohibition.--None of the funds made available in this
            Act for assistance for Mexico may be made available for budget
            support or as cash payments.
                (2) Applicability of fiscal year 2009 provisions.--The
            provisions of paragraphs (1) through (3) of section 7045(e) of
            the Department of State, Foreign Operations, and Related
            Programs Appropriations Act, 2009 (division H of Public Law
            111-8) shall apply to funds appropriated or otherwise made
            available by this Act for assistance for Mexico, and the report
            required in that section shall be based on a written
            determination by the Secretary of State of compliance with each
            of the requirements in those paragraphs: Provided, That the
            spending plan required in that section shall not be considered
            as meeting the notification requirements under section 7015 of
            this Act or under section 634A of the Foreign Assistance Act of
            1961.
        (f) Assistance for the Countries of Central America.--
                (1) Prohibition.--None of the funds made available in this
            Act for the countries of Central America may be made available
            for budget support or as cash payments.
                (2) Applicability of fiscal year 2009 provisions.--
                        (A) In general.--Except as provided in subparagraph
                    B, the provisions of paragraphs (1) through (3) of
                    section 7045(f) of the Department of State, Foreign
                    Operations, and Related Programs Appropriations Act,
                    2009 (division H of Public Law 111-8) shall apply to
                    funds appropriated or otherwise made available by this
                    Act for assistance for countries of Central America.
                        (B) Exception.--Section 7045(f)(1) of division H of
                    Public Law 111-8 is amended by striking ``and `Foreign
                    Military Financing Program'''.
                (3) Definition.--For the purposes of this subsection, the
            term ``countries of Central America'' means Belize, Costa Rica,
            El Salvador, Guatemala, Honduras, Nicaragua, and Panama.
        (g) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel,
    of aircraft funded by this Act should be borne by the recipient
    country.

                                    colombia

        Sec. 7045. (a) Assistance.--
                (1) Funds appropriated by this Act and made available to
            the Department of State for counter-narcotics or other law
            enforcement assistance for the Government of Colombia may be
            used to support a unified campaign against narcotics
            trafficking and organizations designated as Foreign Terrorist
            Organizations and successor organizations, and to take actions
            to protect human health and welfare in emergency circumstances,
            including undertaking rescue operations: Provided, That no
            United States Armed Forces personnel or United States civilian
            contractor employed by the United States will participate in
            any combat operation in connection with assistance made
            available by this Act for Colombia: Provided further, That
            rotary and fixed-wing aircraft supported with funds
            appropriated under the heading ``International Narcotics
            Control and Law Enforcement'' for assistance for Colombia may
            be used for aerial or manual drug eradication and interdiction,
            including to transport personnel and supplies and to provide
            security for such operations, if the Secretary of State
            determines that voluntary eradication, combined with
            alternative development programs, including access to land,
            markets and social services, is not feasible in such areas:
            Provided further, That such aircraft may also be used to
            provide transport in support of alternative development
            programs and investigations by civilian judicial authorities:
            Provided further, That the President shall ensure that if any
            helicopter procured with funds in this Act or prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs, is used to aid or abet the operations of
            any illegal self-defense group, paramilitary organization,
            illegal security cooperative or successor organizations in
            Colombia, such helicopter shall be immediately returned to the
            United States: Provided further, That none of the funds
            appropriated by this Act or prior Acts making appropriations
            for the Department of State, foreign operations, and related
            programs may be made available for assistance for the Colombian
            Departamento Administrativo de Seguridad or successor
            organizations.
                (2) Of the funds available under the heading
            ``International Narcotics Control and Law Enforcement'' for the
            Colombian national police for the procurement of chemicals for
            aerial coca and poppy eradication programs, not more than 20
            percent of such funds may be made available for such
            eradication programs unless the Secretary of State certifies to
            the Committees on Appropriations that: (1) the herbicide is
            being used in accordance with Environmental Protection Agency
            label requirements for comparable use in the United States and
            with Colombian laws; and (2) the herbicide, in the manner it is
            being used, does not pose unreasonable risks or adverse effects
            to humans or the environment, including endemic species:
            Provided, That such funds may not be made available unless the
            Secretary of State certifies to the Committees on
            Appropriations that any complaints of harm to health or licit
            crops caused by such aerial eradication are thoroughly
            investigated and evaluated, and fair compensation is being paid
            in a timely manner for meritorious claims: Provided further,
            That such funds may not be made available for such purposes
            unless programs are being implemented by the United States
            Agency for International Development, the Government of
            Colombia, or other organizations, in consultation and
            coordination with local communities, to provide alternative
            sources of income in areas where security permits for small-
            acreage growers and communities whose illicit crops are
            targeted for aerial eradication: Provided further, That none of
            the funds appropriated by this Act for assistance for Colombia
            shall be made available for the cultivation or processing of
            African oil palm, if doing so would contribute to significant
            loss of native species, disrupt or contaminate natural water
            sources, reduce local food security, or cause the forced
            displacement of local people: Provided further, That funds
            appropriated by this Act may not be used for aerial eradication
            in Colombia's national parks or reserves unless the Secretary
            of State certifies to the Committees on Appropriations on a
            case-by-case basis that there are no effective alternatives and
            the eradication is conducted in accordance with Colombian laws.
        (b) Applicability of Fiscal Year 2009 Provisions.--
                (1) In general.--Except as provided in paragraph (2), the
            provisions of subsections (b) through (f) of section 7046 of
            the Department of State, Foreign Operations, and Related
            Programs Appropriations Act, 2009 (division H of Public Law
            111-8), as amended by section 7046 (b)(2)(A) of division F of
            Public Law 111-117, shall apply to funds appropriated or
            otherwise made available by this Act for assistance for
            Colombia.
                (2) Exceptions.--The following provisions of section 7046
            of division H of Public Law 111-8 shall apply to funds
            appropriated or otherwise made available by this Act for
            assistance for Colombia as follows:
                        (A) Subsection (b)(1)(B) is amended as follows:
                                (i) By striking clause (i) and inserting
                            the following:
                                ``(i) The Colombian Armed Forces are
                            suspending those members, of whatever rank, who
                            have been credibly alleged to have violated
                            internationally recognized human rights, or to
                            have aided, abetted or benefitted from
                            paramilitary organizations or successor armed
                            groups; all such cases are promptly referred to
                            civilian jurisdiction for investigation and
                            prosecution, and the Colombian Armed Forces are
                            no longer opposing civilian judicial
                            jurisdiction in such cases; and the Colombian
                            Armed Forces are cooperating fully with
                            civilian prosecutors and judicial
                            authorities.''.
                                (ii) By striking clause (iv) and inserting
                            the following:
                                ``(iv) The Government of Colombia is
                            respecting the rights of human rights
                            defenders, journalists, trade unionists, and
                            other social activists, and the rights and
                            territory of indigenous and Afro-Colombian
                            communities; and the Colombian Armed Forces are
                            implementing procedures to distinguish between
                            civilians, including displaced persons, and
                            combatants, in their operations.''.
                        (B) Subsection (b)(2) shall be applied by
                    substituting ``July 31, 2011'' for the date contained
                    therein;
                        (C) Subsection (c) shall be applied by substituting
                    ``September 30, 2011'' for the date contained therein;
                    and
                        (D) Subsection (d)(1) shall be applied--
                                (i) by substituting ``18,000,000'' for the
                            dollar amount contained therein; and
                                (ii) by substituting ``fiscal year 2011''
                            for the fiscal year contained therein.

                                     serbia

        Sec. 7046. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2011,
    if the Secretary of State has submitted the report required in
    subsection (c).
        (b) After May 31, 2011, the Secretary of the Treasury should
    instruct the United States executive directors of the international
    financial institutions to support loans and assistance to the
    Government of Serbia subject to the condition in subsection (c).
        (c) The report referred to in subsection (a) is a report by the
    Secretary of State to the Committees on Appropriations that the
    Government of Serbia is cooperating with the International Criminal
    Tribunal for the former Yugoslavia including access to investigators,
    the provision of documents, timely information on the location,
    movement, and sources of financial support of indictees, and the
    surrender and transfer of indictees or assistance in their
    apprehension, including Ratko Mladic and Goran Hadzic.
        (d) This section shall not apply to humanitarian assistance or
    assistance to promote democracy.

                       community-based police assistance

        Sec. 7047. (a) Authority.--Funds made available by titles III and
    IV of this Act to carry out the provisions of chapter 1 of part I and
    chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
    be used, notwithstanding section 660 of that Act, to enhance the
    effectiveness and accountability of civilian police authority through
    training and technical assistance in human rights, prevention and
    response to gender-based violence, rule of law, anti-corruption,
    strategic planning, and through assistance to foster civilian police
    roles that support democratic governance including assistance for
    programs to prevent conflict, respond to disasters, address gender-
    based violence, and foster improved police relations with the
    communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall
    be subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

               prohibition of payments to united nations members

        Sec. 7048.  None of the funds appropriated or made available
    pursuant to titles III through VI of this Act for carrying out the
    Foreign Assistance Act of 1961, may be used to pay in whole or in part
    any assessments, arrearages, or dues of any member of the United
    Nations or, from funds appropriated by this Act to carry out chapter 1
    of part I of the Foreign Assistance Act of 1961, the costs for
    participation of another country's delegation at international
    conferences held under the auspices of multilateral or international
    organizations.

                         war crimes tribunals drawdown

        Sec. 7049.  If the President determines that doing so will
    contribute to a just resolution of charges regarding genocide or other
    violations of international humanitarian law, the President may direct
    a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
    1961 of up to $30,000,000 of commodities and services for the United
    Nations War Crimes Tribunal established with regard to the former
    Yugoslavia by the United Nations Security Council or such other
    tribunals or commissions as the Council may establish or authorize to
    deal with such violations, without regard to the ceiling limitation
    contained in paragraph (2) thereof: Provided, That the determination
    required under this section shall be in lieu of any determinations
    otherwise required under section 552(c): Provided further, That funds
    made available pursuant to this section shall be made available subject
    to the regular notification procedures of the Committees on
    Appropriations.

                                  peacekeeping

        Sec. 7050. (a) Missions.--None of the funds appropriated or
    otherwise made available by title I of this Act may be used for any
    United Nations peacekeeping mission that will involve United States
    Armed Forces under the command or operational control of a foreign
    national, unless the President's military advisors have submitted to
    the President a recommendation that such involvement is in the national
    interests of the United States and the President has submitted to the
    Congress such a recommendation.
        (b) Assessment.--Section 404(b)(2)(B)(vi) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is
    amended to read as follows:
                                ``(vi) For assessments made during calendar
                            year 2010 and 2011, 27.3 percent.''.

                    attendance at international conferences

        Sec. 7051.  None of the funds made available in this Act may be
    used to send or otherwise pay for the attendance of more than 50
    employees of agencies or departments of the United States Government
    who are stationed in the United States, at any single international
    conference occurring outside the United States, unless the Secretary of
    State reports to the Committees on Appropriations that such attendance
    is in the national interest: Provided, That for purposes of this
    section the term ``international conference'' shall mean a conference
    attended by representatives of the United States Government and of
    foreign governments, international organizations, or nongovernmental
    organizations.

                   restrictions on united nations delegations

        Sec. 7052.  None of the funds made available under title I of this
    Act may be used to pay expenses for any United States delegation to any
    specialized agency, body, or commission of the United Nations if such
    commission is chaired or presided over by a country, the government of
    which the Secretary of State has determined, for purposes of section
    6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(1)), supports international terrorism.

       parking fines and real property taxes owed by foreign governments

        Sec. 7053. (a) Subject to subsection (c), of the funds appropriated
    under titles III through VI of this Act that are made available for
    assistance for a foreign country, an amount equal to 110 percent of the
    total amount of the unpaid fully adjudicated parking fines and
    penalties and unpaid property taxes owed by the central government of
    such country shall be withheld from obligation for assistance for the
    central government of such country until the Secretary of State submits
    a certification to the Committees on Appropriations stating that such
    parking fines and penalties and unpaid property taxes are fully paid.
        (b) Funds withheld from obligation pursuant to subsection (a) may
    be made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the Committees on Appropriations, provided that no such
    funds shall be made available for assistance for the central government
    of a foreign country that has not paid the total amount of the fully
    adjudicated parking fines and penalties and unpaid property taxes owed
    by such country.
        (c) Subsection (a) shall not include amounts that have been
    withheld under any other provision of law.
        (d)(1) The Secretary of State may waive the requirements set forth
    in subsection (a) with respect to parking fines and penalties no sooner
    than 60 days from the date of enactment of this Act, or at any time
    with respect to a particular country, if the Secretary determines that
    it is in the national interests of the United States to do so.
        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) Not later than 6 months after the initial exercise of the
    waiver authority in subsection (d), the Secretary of State, after
    consultations with the City of New York, shall submit a report to the
    Committees on Appropriations describing a strategy, including a
    timetable and steps currently being taken, to collect the parking fines
    and penalties and unpaid property taxes and interest owed by nations
    receiving foreign assistance under this Act.
        (f) In this section:
                (1) The term ``fully adjudicated'' includes circumstances
            in which the person to whom the vehicle is registered--
                        (A)(i) has not responded to the parking violation
                    summons; or
                        (ii) has not followed the appropriate adjudication
                    procedure to challenge the summons; and
                        (B) the period of time for payment of or challenge
                    to the summons has lapsed.
                (2) The term ``parking fines and penalties'' means parking
            fines and penalties--
                        (A) owed to--
                                (i) the District of Columbia; or
                                (ii) New York, New York; and
                        (B) incurred during the period April 1, 1997,
                    through September 30, 2010.
                (3) The term ``unpaid property taxes'' means the amount of
            unpaid taxes and interest determined to be owed by a foreign
            country on real property in the District of Columbia or New
            York, New York in a court order or judgment entered against
            such country by a court of the United States or any State or
            subdivision thereof.

                        landmines and cluster munitions

        Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
    law, demining equipment available to the United States Agency for
    International Development and the Department of State and used in
    support of the clearance of landmines and unexploded ordnance for
    humanitarian purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the President may
    prescribe.
        (b) Cluster Munitions.--No military assistance shall be furnished
    for cluster munitions, no defense export license for cluster munitions
    may be issued, and no cluster munitions or cluster munitions technology
    shall be sold or transferred, unless--
                (1) the submunitions of the cluster munitions, after
            arming, do not result in more than 1 percent unexploded
            ordnance across the range of intended operational environments;
            and
                (2) the agreement applicable to the assistance, transfer,
            or sale of such cluster munitions or cluster munitions
            technology specifies that the cluster munitions will only be
            used against clearly defined military targets and will not be
            used where civilians are known to be present or in areas
            normally inhabited by civilians.

                     prohibition on publicity or propaganda

        Sec. 7055.  No part of any appropriation contained in this Act
    shall be used for publicity or propaganda purposes within the United
    States not authorized before the date of the enactment of this Act by
    the Congress: Provided, That not to exceed $25,000 may be made
    available to carry out the provisions of section 316 of Public Law 96-
    533.

                        limitation on residence expenses

        Sec. 7056.  Of the funds appropriated or made available pursuant to
    title II of this Act, not to exceed $100,500 shall be for official
    residence expenses of the United States Agency for International
    Development during the current fiscal year: Provided, That appropriate
    steps shall be taken to assure that, to the maximum extent possible,
    United States-owned foreign currencies are utilized in lieu of dollars.

         united states agency for international development management

                         (including transfer of funds)

        Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
    available in title III of this Act to carry out the provisions of part
    I of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    may be used by the United States Agency for International Development
    (USAID) to hire and employ individuals in the United States and
    overseas on a limited appointment basis pursuant to the authority of
    sections 308 and 309 of the Foreign Service Act of 1980.
        (b) Restrictions.--
                (1) The number of individuals hired in any fiscal year
            pursuant to the authority contained in subsection (a) may not
            exceed 175.
                (2) The authority to hire individuals contained in
            subsection (a) shall expire on September 30, 2012.
        (c) Conditions.--The authority of subsection (a) should only be
    used to the extent that an equivalent number of positions that are
    filled by personal services contractors or other nondirect hire
    employees of USAID, who are compensated with funds appropriated to
    carry out part I of the Foreign Assistance Act of 1961, including funds
    appropriated under the heading ``Assistance for Europe, Eurasia and
    Central Asia'', are eliminated.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor
    or other nondirect hire personnel.
        (e) Consultations.--The USAID Administrator shall consult with the
    Committees on Appropriations on a quarterly basis concerning the
    implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of
    an individual hired and employed under the authority of this section
    shall be the account to which such individual's responsibilities
    primarily relate: Provided, That funds made available to carry out this
    section may be transferred to, and merged with, funds appropriated by
    this Act in title II under the heading ``Operating Expenses''.
        (g) Foreign Service Limited Extensions.--Individuals hired and
    employed by USAID, with funds made available in this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, pursuant to the authority of section 309 of the
    Foreign Service Act of 1980, may be extended for a period of up to 4
    years notwithstanding the limitation set forth in such section.
        (h) Junior Officer Placement Authority.--Of the funds made
    available in subsection (a), USAID may use, in addition to funds
    otherwise available for such purposes, up to $15,000,000 to fund
    overseas support costs of members of the Foreign Service with a Foreign
    Service rank of four or below: Provided, That such authority is only
    used to reduce USAID's reliance on overseas personal services
    contractors or other nondirect hire employees compensated with funds
    appropriated to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia''.
        (i) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', may be used, in addition to funds otherwise
    available for such purposes, for the cost (including the support costs)
    of individuals detailed to or employed by USAID whose primary
    responsibility is to carry out programs in response to natural
    disasters.
        (j) Technical Advisors.--Up to $13,500,000 of the funds made
    available in title III of this Act for assistance under the heading
    ``Global Health and Child Survival'', may be used to reimburse United
    States Government agencies, agencies of State governments, institutions
    of higher learning, and private and voluntary organizations for the
    full cost of individuals (including for the personal services of such
    individuals) detailed or assigned to, or contracted by USAID for the
    purpose of carrying out activities under that heading: Provided, That
    up to $3,500,000 of the funds made available by this Act for assistance
    under the heading ``Development Assistance'' may be used to reimburse
    such agencies, institutions, and organizations for such costs of such
    individuals carrying out other development assistance activities.
        (k) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by USAID to
    employ up to 40 personal services contractors in the United States,
    notwithstanding any other provision of law, for the purpose of
    providing direct, interim support for new or expanded overseas programs
    and activities managed by the agency until permanent direct hire
    personnel are hired and trained: Provided, That not more than 10 of
    such contractors shall be assigned to any bureau or office: Provided
    further, That not more than 15 of such contractors shall be for
    activities related to USAID's Afghanistan or Pakistan program: Provided
    further, That such funds appropriated to carry out title II of the
    Agricultural Trade Development and Assistance Act of 1954, may be made
    available only for personal services contractors assigned to the Office
    of Food for Peace.
        (l) Hiring Authority.--Notwithstanding section 307 of the Foreign
    Service Act of 1980, the USAID Administrator may hire up to 85
    individuals under the Development Leadership Initiative: Provided, That
    the authority contained in this subsection shall expire on September
    30, 2012.
        (m) Locally Employed Staff.--Of the funds appropriated under title
    II of this Act, up to $1,000,000, in addition to funds otherwise made
    available for such purposes, may be made available for special
    compensation for overseas, locally employed staff.
        (n) Senior Foreign Service Limited Appointments.--Individuals hired
    pursuant to the authority provided by section 7059(o) of division F of
    Public Law 111-117 may be assigned to or support programs in Iraq,
    Afghanistan, or Pakistan with funds made available in this Act and
    prior Acts making appropriations for the Department of State, foreign
    operations, and related programs.

                            global health activities

        Sec. 7058.  Funds appropriated by title III of this Act that are
    made available for bilateral assistance for child survival activities
    or disease programs including activities relating to research on, and
    the prevention, treatment and control of, HIV/AIDS may be made
    available notwithstanding any other provision of law except for the
    provisions under the heading ``Global Health and Child Survival'' and
    the United States Leadership Against HIV/AIDS, Tuberculosis, and
    Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
    amended: Provided, That of the funds appropriated under title III of
    this Act, not less than $710,000,000 shall be made available for family
    planning/reproductive health, including in areas where population
    growth threatens biodiversity or endangered species.

                           development grants program

        Sec. 7059.  Of the funds appropriated in title III of this Act, not
    less than $45,000,000 shall be made available for the Development
    Grants Program established pursuant to section 674 of the Department of
    State, Foreign Operations, and Related Programs Appropriations Act,
    2008 (division J of Public Law 110-161), a significant portion of which
    is for unsolicited proposals, to support grants of not more than
    $2,000,000 to small nongovernmental organizations: Provided, That funds
    made available under this section are in addition to other funds
    available for such purposes including funds designated by this Act by
    section 7063.

                              women in development

        Sec. 7060. (a) Programs funded under title III of this Act shall
    include, where appropriate, gender considerations in the planning,
    assessment, implementation, monitoring and evaluation of such programs.
        (b) Funds made available under title III of this Act shall be made
    available to support programs to enhance economic opportunities for
    poor women in developing countries, including increasing the number and
    capacity of women-owned enterprises, improving property rights for
    women, increasing access to financial services, and improving women's
    ability to participate in the global economy.
        (c) Funds made available under title III of this Act for food
    security and agricultural development shall take into consideration the
    unique needs of women, and technical assistance for women farmers
    should be a priority.

                             gender-based violence

        Sec. 7061. (a) Funds appropriated under the headings ``Development
    Assistance'', ``Economic Support Fund'', and ``International Narcotics
    Control and Law Enforcement'' in this Act shall be made available for
    programs to address sexual and gender-based violence.
        (b) Funds appropriated under the headings ``International Disaster
    Assistance'' and ``Migration and Refugee Assistance'' should be made
    available for gender-based violence prevention and response efforts,
    and to strengthen the capacity of nongovernmental organizations to
    address such violence.
        (c) Programs and activities funded under titles III and IV of this
    Act to train foreign police, judicial, and military personnel,
    including for international peacekeeping operations, shall include,
    where appropriate, prevention and response to gender-based violence.
        (d) The Secretary of State should seek to ensure that programs
    funded under titles III and IV of this Act are consistent with United
    Nations Security Council resolutions 1325, 1820 and 1888 in their
    design and implementation, as appropriate.
        (e) The Secretary of State, in consultation with the Administrator
    of the United States Agency for International Development, shall
    identify critical or widespread incidents of violence against women and
    girls in situations of armed conflict, develop emergency response
    measures, and consult with Congress on implementation plans.

                                   education

        Sec. 7062. (a) Basic Education.--
                (1) Of the funds appropriated by title III of this Act, not
            less than $925,000,000 should be made available for assistance
            for basic education, of which not less than $355,000,000 shall
            be made available under the heading ``Development Assistance'':
            Provided, That funding provided under the headings
            ``Development Assistance'' and ``Economic Support Fund'' should
            be used to provide a continuity of assistance for basic
            education in humanitarian and other emergency situations.
                (2) The United States Agency for International Development
            (USAID) shall ensure that programs supported by funding
            appropriated for basic education in this Act, and prior Acts,
            are integrated, as appropriate, with other health, agriculture
            and economic development funding, and provide a quality
            education: Provided, That schools supported by funding in this
            Act and in prior Acts should serve as ``Communities of
            Learning'' and should be the focal point for health, education
            and development activities, as appropriate.
                (3) Of the funds appropriated by title III of this Act for
            basic education, up to $25,000,000 shall be made available as a
            contribution to the Fast Track Initiative's Catalytic Fund.
                (4) USAID shall serve as the coordinating agency for United
            States Government basic education programs globally.
        (b) Higher Education.--Of the funds appropriated by title III of
    this Act, not less than $225,000,000 shall be made available for
    assistance for higher education.

                            reconciliation programs

        Sec. 7063.  Of the funds appropriated by title III of this Act
    under the headings ``Economic Support Fund'' and ``Development
    Assistance'', $27,000,000 shall be made available to support people to
    people reconciliation programs which bring together individuals of
    different ethnic, religious and political backgrounds from areas of
    civil strife and war, of which $11,000,000 shall be made available for
    such programs in the Middle East: Provided, That the Administrator of
    the United States Agency for International Development shall consult
    with the Committees on Appropriations, prior to the initial obligation
    of funds, on the most effective uses of such funds.

                       comprehensive expenditures report

        Sec. 7064.  Not later than 180 days after the date of enactment of
    this Act, the Secretary of State shall submit a report to the
    Committees on Appropriations detailing the total amount of United
    States Government expenditures in fiscal years 2009 and 2010, by
    Federal agency, for assistance programs and activities in each foreign
    country, identifying the line item as presented in the President's
    Budget Appendix and the purpose for which the funds were provided:
    Provided, That if required, information may be submitted in classified
    form.

                             requests for documents

        Sec. 7065.  None of the funds appropriated or made available
    pursuant to titles III through VI of this Act shall be available to a
    nongovernmental organization, including any contractor, which fails to
    provide upon timely request any document, file, or record necessary to
    the auditing requirements of the United States Agency for International
    Development.

                         prohibition on use of torture

        Sec. 7066. (a) None of the funds made available in this Act shall
    be used in any way whatsoever to support or justify the use of torture,
    cruel or inhumane treatment by any official or contract employee of the
    United States Government.
        (b) Not later than 90 days after enactment of this Act, the
    Secretary of State shall submit to the Committees on Appropriations a
    report identifying those countries whose police, military, or other
    security forces use torture, as determined by the Assistant Secretary
    of State for Democracy, Human Rights and Labor based on the Department
    of State's most recent Human Rights Report and other relevant
    information.
        (c) Funds appropriated by this Act to carry out the provisions of
    chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the
    Foreign Assistance Act of 1961, and the Support for East European
    Democracy (SEED) Act of 1989, shall be made available, notwithstanding
    section 660 of the Foreign Assistance Act of 1961, for assistance to
    help eliminate torture by foreign police, military or other security
    forces.

                                     africa

        Sec. 7067. (a) Expanded International Military Education and
    Training.--
                (1) Funds appropriated under the heading ``International
            Military Education and Training'' in this Act that are made
            available for assistance for Angola, Cameroon, Central African
            Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may be made
            available only for training related to international
            peacekeeping operations and expanded international military
            education and training.
                (2) None of the funds appropriated under the heading
            ``International Military Education and Training'' in this Act
            may be made available for assistance for Equatorial Guinea or
            Somalia.
        (b) Ethiopia.--
                (1) None of the funds appropriated by this Act under the
            heading ``Foreign Military Financing Program'' that are
            available for assistance for Ethiopia may be made available
            unless the Secretary of State--
                        (A) certifies to the Committees on Appropriations
                    that the Government of Ethiopia is making significant
                    efforts to respect due process and the rights of its
                    citizens to peaceful expression and association, and is
                    permitting access to independent human rights and
                    humanitarian organizations to the Somalia region of
                    Ethiopia; and
                        (B) submits a report to such Committees on the
                    types and amounts of United States training and
                    equipment proposed to be provided to the Ethiopian
                    military including steps that will be taken to ensure
                    that such assistance is not provided to military units
                    or personnel that have violated internationally
                    recognized human rights, and steps taken by the
                    Government of Ethiopia to investigate and prosecute
                    members of the Ethiopian military who have been
                    credibly alleged to have violated such rights.
                (2) The restriction in paragraph (1) shall not apply to
            assistance to Ethiopian military efforts in support of
            international peacekeeping operations and for assistance to the
            Ethiopian Defense Command and Staff College.
        (c) Conflict Minerals.--
                (1) None of the funds appropriated by this Act under the
            heading ``Foreign Military Financing Program'' may be made
            available for assistance for Rwanda or Uganda if the Secretary
            of State has credible evidence that the Government of Rwanda or
            the Government of Uganda is providing political, military or
            financial support to armed groups in the Democratic Republic of
            the Congo (DRC) that are involved in the illegal exportation of
            minerals out of the DRC or have committed violations of
            internationally recognized human rights, including rape.
                (2) The restriction in paragraph (1) shall not apply to
            assistance to improve border controls to prevent the illegal
            exportation of minerals out of the DRC by such groups, to
            protect relief efforts, or to support the training and
            deployment of members of the Rwandan or Ugandan militaries in
            international peacekeeping operations.
        (d) Sudan Limitation on Assistance.--
                (1) Subject to paragraph (2):
                        (A) Notwithstanding any other provision of law,
                    none of the funds appropriated by this Act may be made
                    available for assistance for the Government of Sudan.
                        (B) None of the funds appropriated by this Act may
                    be made available for the cost, as defined in section
                    502, of the Congressional Budget Act of 1974, of
                    modifying loans and loan guarantees held by the
                    Government of Sudan, including the cost of selling,
                    reducing, or canceling amounts owed to the United
                    States, and modifying concessional loans, guarantees,
                    and credit agreements.
                (2) Paragraph (1) shall not apply if the Secretary of State
            determines and certifies to the Committees on Appropriations
            that:
                        (A) The Government of Sudan honors its pledges to
                    cease attacks upon civilians and disarms and
                    demobilizes the Janjaweed and other government-
                    supported militias;
                        (B) The Government of Sudan and all government-
                    supported militia groups are honoring their commitments
                    made in all previous cease-fire agreements; and
                        (C) The Government of Sudan is allowing unimpeded
                    access to Darfur to humanitarian aid organizations, the
                    human rights investigation and humanitarian teams of
                    the United Nations, including protection officers, and
                    an international monitoring team that is based in
                    Darfur and has the support of the United States.
                (3) The provisions of paragraph (1) shall not apply to--
                        (A) humanitarian assistance;
                        (B) assistance for the Darfur region, Southern
                    Sudan, Southern Kordofan/Nuba Mountains State, Blue
                    Nile State, and Abyei; and
                        (C) assistance to support implementation of the
                    Comprehensive Peace Agreement and the Darfur Peace
                    Agreement or any other internationally recognized
                    viable peace agreement in Sudan.
                (4) For the purposes of this Act, the term ``Government of
            Sudan'' shall not include the Government of Southern Sudan.
                (5) Notwithstanding any other provision of law, assistance
            in this Act may be made available to the Government of Southern
            Sudan to provide non-lethal military assistance, military
            education and training, and defense services controlled under
            the International Traffic in Arms Regulations (22 CFR 120.1 et
            seq.) if the Secretary of State--
                        (A) determines that the provision of such items is
                    in the national interest of the United States; and
                        (B) not later than 15 days before the provision of
                    any such assistance, notifies the Committees on
                    Appropriations of such determination.
        (e) Southern Sudan.--The Secretary of State shall obtain regular
    audits of the financial accounts of the Government of Southern Sudan to
    ensure transparency and accountability of funds, including revenues
    from the extraction of oil and gas, and the public disclosure of such
    audits in a timely manner: Provided, That in determining amounts and
    types of United States assistance to make available to the Government
    of Southern Sudan, the Secretary shall consider the extent to which
    such government is ensuring transparency and accountability of funds:
    Provided further, That the Secretary shall, as appropriate, assist the
    Government of Southern Sudan in conducting such audits, and shall
    submit a report not later than 90 days after enactment of this Act to
    the Committees on Appropriations detailing the steps that will be taken
    by the Government of Southern Sudan, which are additional to those
    which were taken in the previous fiscal year, to improve resource
    management and ensure transparency and accountability of funds.
        (f) The Gambia.--The Secretary of the Treasury shall instruct the
    United States executive directors of the international financial
    institutions to vote against any loan, agreement, or other financial
    support for The Gambia, except to meet basic human needs, unless the
    Secretary of State certifies to the Committees on Appropriations that
    the Government of The Gambia is making significant efforts to release
    and account for political prisoners, including Ebrimah Manneh.
        (g) War Crimes in Africa.--
                (1) The Congress reaffirms its support for the efforts of
            the International Criminal Tribunal for Rwanda (ICTR) and the
            Special Court for Sierra Leone (SCSL) to bring to justice
            individuals responsible for war crimes and crimes against
            humanity in a timely manner.
                (2) Funds appropriated by this Act, including funds for
            debt restructuring, may be made available for assistance for
            the central government of a country in which individuals
            indicted by ICTR and SCSL are credibly alleged to be living, if
            the Secretary of State determines and reports to the Committees
            on Appropriations that such government is cooperating with ICTR
            and SCSL, including the surrender and transfer of indictees in
            a timely manner: Provided, That this subsection shall not apply
            to assistance provided under section 551 of the Foreign
            Assistance Act of 1961 or to project assistance under title VI
            of this Act: Provided further, That the United States shall use
            its voice and vote in the United Nations Security Council to
            fully support efforts by ICTR and SCSL to bring to justice
            individuals indicted by such tribunals in a timely manner.
                (3) The prohibition in paragraph (2) may be waived on a
            country-by-country basis if the President determines that doing
            so is in the national security interest of the United States:
            Provided, That prior to exercising such waiver authority, the
            President shall submit a report to the Committees on
            Appropriations, in classified form if necessary, on--
                        (A) the steps being taken to obtain the cooperation
                    of the government in surrendering the indictee in
                    question to the court of jurisdiction;
                        (B) a strategy, including a timeline, for bringing
                    the indictee before such court; and
                        (C) the justification for exercising the waiver
                    authority.
        (h) Zimbabwe.--
                (1) The Secretary of the Treasury shall instruct the United
            States executive director of each international financial
            institution to vote against any extension by the respective
            institution of any loans or grants to the Government of
            Zimbabwe, except to meet basic human needs or to promote
            democracy, unless the Secretary of State determines and reports
            in writing to the Committees on Appropriations that the rule of
            law has been restored in Zimbabwe, including respect for
            ownership and title to property, freedom of speech and
            association.
                (2) None of the funds appropriated by this Act shall be
            made available for assistance for the central Government of
            Zimbabwe, except for health, education, and macroeconomic
            growth assistance, unless the Secretary of State makes the
            determination pursuant to paragraph (1).

                                      asia

        Sec. 7068. (a) Tibet.--
                (1) The Secretary of the Treasury should instruct the
            United States executive director of each international
            financial institution to use the voice and vote of the United
            States to support projects in Tibet if such projects do not
            provide incentives for the migration and settlement of non-
            Tibetans into Tibet or facilitate the transfer of ownership of
            Tibetan land and natural resources to non-Tibetans; are based
            on a thorough needs-assessment; foster self-sufficiency of the
            Tibetan people and respect Tibetan culture and traditions; and
            are subject to effective monitoring.
                (2) Notwithstanding any other provision of law, not less
            than $7,500,000 of the funds appropriated by this Act under the
            heading ``Economic Support Fund'' should be made available to
            nongovernmental organizations to support activities which
            preserve cultural traditions and promote sustainable
            development and environmental conservation in Tibetan
            communities in the Tibetan Autonomous Region and in other
            Tibetan communities in China.
        (b) Burma.--
                (1) The Secretary of the Treasury shall instruct the United
            States executive director of each international financial
            institution to oppose and vote against the extension by such
            institution of any loan or financial or technical assistance or
            any other utilization of funds of the respective bank to and
            for Burma.
                (2) Funds appropriated by this Act may be made available
            for assistance for Burma notwithstanding any other provision of
            law, except no such funds shall be made available to the State
            Peace and Development Council, or its successor, and its
            affiliated organizations: Provided, That such funds shall be
            made available to support programs in Burma, along Burma's
            borders, and for Burmese groups and organizations located
            outside Burma: Provided further, That not less than $5,000,000
            shall be made available for community-based organizations
            operating in Thailand to provide food, medical, and other
            humanitarian assistance to internally displaced persons in
            eastern Burma, in addition to assistance for Burmese refugees
            appropriated under the heading ``Migration and Refugee
            Assistance'' in this Act: Provided further, That any new
            program or activity initiated with funds made available by this
            Act shall be subject to prior consultation with the Committees
            on Appropriations, and all such funds shall be subject to the
            regular notification procedures of the Committees on
            Appropriations.
        (c) Cambodia.--
                (1) Funds made available in this Act for a United States
            contribution to a Khmer Rouge tribunal may only be made
            available if the Secretary of State certifies to the Committees
            on Appropriations that the United Nations and the Government of
            Cambodia are taking effective steps to address allegations of
            corruption and mismanagement within the tribunal.
                (2) Not later than 30 days after enactment of this Act, the
            Secretary of State shall submit a report to the Committees on
            Appropriations listing Cambodian officials known to have been
            involved in the decision to repatriate 20 Uigher asylum seekers
            from Cambodia to the People's Republic of China in December
            2009:  Provided, That such report shall be posted on the
            Department of State's public Web site not more than 7 days
            after such report is transmitted to Congress.
        (d) Indonesia.--
                (1) Of the funds appropriated by this Act under the heading
            ``Foreign Military Financing Program'' that are available for
            assistance for Indonesia, $2,000,000 may not be obligated until
            the Secretary of State submits to the Committees on
            Appropriations the report on Indonesia detailed under such
            heading in Senate Report 111-237: Provided, That such report
            shall include steps taken by the Government of Indonesia to
            guarantee freedom of expression in Papua and the southern
            Moluccan Islands.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are available for assistance for
            Indonesia, not less than $400,000 should be made available for
            grants for capacity building of Indonesian human rights
            organizations, including in Papua.
        (e) North Korea.--
                (1) Funds appropriated under the heading ``Migration and
            Refugee Assistance'' in this Act should be made available for
            assistance for refugees from North Korea.
                (2) Funds made available by this Act under the heading
            ``Economic Support Fund'' for assistance for countries in the
            North Asia region may be made available for programs and
            activities pursuant to section 4 of Public Law 108-333, as
            amended, and subject to the regular notification procedures of
            the Committees on Appropriations: Provided, That for the
            purposes of this subsection, such programs and activities shall
            be considered democracy promotion.
        (f) People's Republic of China.--
                (1) None of the funds appropriated under the heading
            ``Diplomatic and Consular Programs'' in this Act may be
            obligated or expended for processing licenses for the export of
            satellites of United States origin (including commercial
            satellites and satellite components) to the People's Republic
            of China unless, at least 15 days in advance, the Committees on
            Appropriations are notified of such proposed action.
                (2) The terms and requirements of section 620(h) of the
            Foreign Assistance Act of 1961 shall apply to foreign
            assistance projects or activities of the People's Liberation
            Army (PLA) of the People's Republic of China, to include such
            projects or activities by any entity that is owned or
            controlled by, or an affiliate of, the PLA: Provided, That none
            of the funds appropriated or otherwise made available pursuant
            to this Act may be used to finance any grant, contract, or
            cooperative agreement with the PLA, or any entity that the
            Secretary of State has reason to believe is owned or controlled
            by, or an affiliate of, the PLA.
                (3) Notwithstanding any other provision of law and subject
            to prior consultation with, and the regular notification
            procedures of, the Committees on Appropriations, of the funds
            appropriated by this Act under the heading ``Development
            Assistance'', not less than $15,000,000 shall be made available
            to United States educational institutions and nongovernmental
            organizations for programs and activities in the People's
            Republic of China relating to the environment, governance, and
            the rule of law.
        (g) Philippines.--Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' that are available for
    assistance for the Philippines, $3,000,000 may not be obligated until
    the Secretary of State submits to the Committees on Appropriations the
    report on the Philippines detailed under such heading in Senate Report
    111-237.
        (h) Timor-Leste.--Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $1,000,000, in
    addition to funds otherwise made available for such purposes, shall be
    made available for democracy programs and activities in Timor-Leste,
    and not less than $2,000,000 shall be made available for higher
    education scholarships.
        (i) Vietnam.--Funds appropriated by this Act that are made
    available for assistance for Vietnam for remediation of dioxin
    contaminated sites and related health activities may be made available
    for assistance for the Government of Vietnam, including the military,
    for such purposes.

                 independent states of the former soviet union

        Sec. 7069. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' may be made
    available for assistance for a government of an Independent State of
    the former Soviet Union if that government directs any action in
    violation of the territorial integrity or national sovereignty of any
    other Independent State of the former Soviet Union, such as those
    violations included in the Helsinki Final Act, unless the Secretary of
    State determines that to do so is in the national security interests of
    the United States.
        (b) Funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'' for the Russian Federation, Armenia,
    Kazakhstan, and Uzbekistan shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        (c)(1) Of the funds appropriated under the heading ``Assistance for
    Europe, Eurasia and Central Asia'' that are available for assistance
    for the Government of the Russian Federation, 60 percent shall be
    withheld from obligation until the Secretary of State certifies to the
    Committees on Appropriations that the Government of the Russian
    Federation--
                (A) has terminated implementation of arrangements to
            provide Iran with technical expertise, training, technology, or
            equipment necessary to develop a nuclear reactor, related
            nuclear research facilities or programs, or ballistic missile
            capability; and
                (B) is providing full access to international non-
            government organizations providing humanitarian relief to
            refugees and internally displaced persons in the North
            Caucasus.
        (2) Paragraph (1) shall not apply to--
                (A) assistance to combat infectious diseases, child
            survival activities, or assistance for victims of trafficking
            in persons; and
                (B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.
        (d) Section 907 of the FREEDOM Support Act shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201 or nonproliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his
            or her official capacity;
                (4) any insurance, reinsurance, guarantee or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

                                  central asia

        Sec. 7070.  The terms and conditions of sections 7075(a) and (b)
    and 7076(a) through (e) of the Department of State, Foreign Operations,
    and Related Programs Appropriations Act, 2009 (division H of Public Law
    111-8) shall apply to funds appropriated by this Act: Provided, That
    for the purposes of the application of section 7076(e) to this Act, the
    term ``assistance'' shall not include expanded international military
    education and training.

                                   south asia

        Sec. 7071. (a) Afghanistan.--
                (1) Limitation.--None of the funds appropriated or
            otherwise made available by this Act under the headings
            ``Economic Support Fund'' and ``International Narcotics Control
            and Law Enforcement'' may be obligated for assistance for
            Afghanistan until the Secretary of State, in consultation with
            the Administrator of the United States Agency for International
            Development (USAID), certifies and reports to the Committees on
            Appropriations that--
                        (A) The Government of Afghanistan is--
                                (i) demonstrating a commitment to reduce
                            corruption and improve governance, including by
                            investigating, prosecuting, sanctioning and/or
                            removing corrupt officials from office and to
                            implement financial transparency and
                            accountability measures for government
                            institutions and officials (including the
                            Central Bank) as well as to conduct oversight
                            of public resources;
                                (ii) taking significant steps to facilitate
                            active public participation in governance and
                            oversight; and
                                (iii) taking credible steps to protect the
                            internationally recognized human rights of
                            Afghan women.
                        (B) There is a unified United States Government
                    anti-corruption strategy for Afghanistan that is
                    adequately funded, and is being implemented in
                    conjunction with relevant Afghan authorities.
                        (C) Funds will be programmed to support and
                    strengthen the capacity of Afghan public and private
                    institutions and entities to reduce corruption and to
                    improve transparency and accountability of national,
                    provincial and local governments, such as--
                                (i) the High Office of Oversight;
                                (ii) the Control and Audit Office;
                                (iii) the Afghan Criminal Justice Task
                            Force;
                                (iv) the Afghan Judicial Security Unit;
                                (v) the Anti-Corruption Tribunal, and the
                            Attorney General's Anti-Corruption Unit;
                                (vi) the training and mentoring of judicial
                            personnel;
                                (vii) the training and mentoring of Afghan
                            Government personnel in financial management,
                            budgeting, and independent oversight of public
                            funds; and
                                (viii) Afghan civil society organizations
                            and media institutions that play an important
                            role in government oversight.
                        (D) Representatives of Afghan national, provincial
                    or local governments, local communities and civil
                    society organizations, as appropriate, will be
                    consulted and participate in the design of programs,
                    projects, and activities, including participation in
                    implementation and oversight, and the development of
                    specific benchmarks to measure progress and outcomes.
                        (E) Funds will be used to train and deploy
                    additional United States Government direct-hire
                    personnel to improve monitoring and control of
                    assistance to ensure that funds are used for the
                    intended purpose and do not support illicit and/or
                    corrupt activities.
                        (F) A framework and methodology is being utilized
                    to assess national, provincial, local and sector level
                    fiduciary risks relating to public financial management
                    of United States Government assistance.
                (2) Direct government-to-government assistance.--
                        (A) Funds appropriated or otherwise made available
                    by this Act for assistance for Afghanistan may not be
                    made available for direct government-to-government
                    assistance unless the Secretary of State certifies to
                    the Committees on Appropriations that the relevant
                    Afghan implementing agency has been assessed and
                    considered qualified to manage such funds and the
                    Government of the United States and the Government of
                    Afghanistan have agreed, in writing, to clear and
                    achievable goals and objectives for the use of such
                    funds, and have established mechanisms within each
                    implementing agency to ensure that such funds are used
                    for the purposes for which they were intended:
                    Provided, That the Secretary of State should suspend
                    any direct government-to-government assistance to an
                    implementing agency if the Secretary has credible
                    information of misuse of such funds by any such agency:
                    Provided further, That any such assistance shall be
                    subject to prior consultation with, and the regular
                    notification procedures of, the Committees on
                    Appropriations.
                        (B) Funds appropriated or otherwise made available
                    by this Act for assistance for Afghanistan may be made
                    available as a United States contribution to the
                    Afghanistan Reconstruction Trust Fund (ARTF) unless the
                    Secretary of State determines and reports to the
                    Committees on Appropriations that the World Bank
                    Monitoring Agent of the ARTF is unable to conduct its
                    financial control and audit responsibilities due to
                    restrictions on security personnel by the Government of
                    Afghanistan.
                (3) Assistance and operations.--
                        (A) Funds appropriated under the headings
                    ``Economic Support Fund'' and ``International Narcotics
                    Control and Law Enforcement'' in this Act that are
                    available for assistance for Afghanistan--
                                (i) shall be made available, to the maximum
                            extent practicable, in a manner that emphasizes
                            the participation of Afghan women, and directly
                            improves the security, economic and social
                            well-being, and political status, and protects
                            the rights of, Afghan women and girls and
                            complies with sections 7060 and 7061 of this
                            Act, including support for the Afghan
                            Independent Human Rights Commission, the Afghan
                            Ministry of Women's Affairs, and women-led
                            nongovernmental organizations.
                                (ii) may be made available for a United
                            States contribution to an internationally-
                            managed fund to support the reconciliation with
                            and disarmament, demobilization and
                            reintegration into Afghan society of former
                            combatants who have renounced violence against
                            the Government of Afghanistan: Provided, That
                            funds may be made available to support
                            reconciliation and reintegration activities
                            only if: (1) Afghan women are participating at
                            national, provincial and local levels of
                            government in the design, policy formulation
                            and implementation of the reconciliation or
                            reintegration process, and such process upholds
                            steps taken by the Government of Afghanistan to
                            protect the internationally recognized human
                            rights of Afghan women; and (2) such funds will
                            not be used to support any pardon or immunity
                            from prosecution, or any position in the
                            Government of Afghanistan or security forces,
                            for any leader of an armed group responsible
                            for crimes against humanity, war crimes, or
                            other violations of internationally recognized
                            human rights;
                                (iii) may be made available for a United
                            States contribution to the North Atlantic
                            Treaty Organization/International Security
                            Assistance Force Post-Operations Humanitarian
                            Relief Fund; and
                                (iv) should be made available,
                            notwithstanding any provision of law that
                            restricts assistance to foreign countries, for
                            cross border stabilization and development
                            programs between Afghanistan and Pakistan or
                            between either country and the Central Asian
                            republics.
                        (B) Programs and activities funded under titles III
                    and IV of this Act that provide training for foreign
                    police, judicial, and military personnel shall address,
                    where appropriate, gender-based violence.
                        (C) The authority contained in section 1102(c) of
                    Public Law 111-32 shall continue in effect during
                    fiscal year 2011 and shall apply as if part of this
                    Act.
                        (D) The Coordinator for Rule of Law at the United
                    States Embassy in Kabul, Afghanistan shall be consulted
                    on the use of all funds appropriated by this Act for
                    rule of law programs in Afghanistan.
                        (E) None of the funds made available by this Act
                    may be used by the United States Government to enter
                    into a permanent basing rights agreement between the
                    United States and Afghanistan.
                        (F) The Secretary of State, after consultation with
                    the USAID Administrator, shall submit to the Committees
                    on Appropriations not later than 45 days after
                    enactment of this Act, and prior to the initial
                    obligation of funds, a detailed spending plan for
                    assistance for Afghanistan which shall include clear
                    and achievable goals, benchmarks for measuring
                    progress, and expected results: Provided, That such
                    plan shall not be considered as meeting the
                    notification requirements under section 7015 of this
                    Act or under section 634A of the Foreign Assistance Act
                    of 1961.
                        (G) Any significant modification to the scope,
                    objectives or implementation mechanisms of United
                    States assistance programs in Afghanistan shall be
                    subject to prior consultation with, and the regular
                    notification procedures of, the Committees on
                    Appropriations, except that the prior consultation
                    requirement may be waived in a manner consistent with
                    section 7015(e) of this Act.
                (4) Oversight.--
                        (A) The Special Inspector General for Afghanistan
                    Reconstruction, the Inspector General of the Department
                    of State and the Inspector General of USAID, shall
                    jointly develop and submit to the Committees on
                    Appropriations within 45 days of enactment of this Act
                    a coordinated audit and inspection plan of United
                    States assistance for, and civilian operations in,
                    Afghanistan.
                        (B) Of the funds appropriated in this Act under the
                    heading ``Economic Support Fund'' for assistance for
                    Afghanistan, $3,000,000 shall be transferred to, and
                    merged with, funds made available under the heading
                    ``Office of Inspector General'' in title I of this Act,
                    for increased oversight of programs in Afghanistan and
                    shall be in addition to funds otherwise available for
                    such purposes: Provided, That $1,500,000 shall be for
                    the Special Inspector General for Afghanistan
                    Reconstruction.
                        (C) Of the funds appropriated in this Act under the
                    heading ``Economic Support Fund'' for assistance for
                    Afghanistan, $1,500,000 shall be transferred to, and
                    merged with, funds appropriated under the heading
                    ``Office of Inspector General'' in title II of this Act
                    for increased oversight of programs in Afghanistan and
                    shall be in addition to funds otherwise available for
                    such purposes.
                (5) Modification to prior provisions.--
                        (A) Section 1004(c)(1)(C) of Public Law 111-212 is
                    amended to read as follows:
                        ``(C) taking credible steps to protect the
                    internationally recognized human rights of Afghan
                    women.''.
                        (B) Section 1004(d)(1) of Public Law 111-212 is
                    amended to read as follows:
                ``(1) Afghan women are participating at national,
            provincial and local levels of government in the design, policy
            formulation and implementation of the reconciliation or
            reintegration process, and such process upholds steps taken by
            the Government of Afghanistan to protect the internationally
            recognized human rights of Afghan women; and.''.
                        (C) Section 1004(e)(1) of Public Law 111-212 is
                    amended to read as follows:
                ``(1) based on information available to the Secretary, the
            Independent Electoral Commission has no members or other
            employees who participated in, or helped to cover up, acts of
            fraud in the 2009 presidential election in Afghanistan, and the
            Electoral Complaints Commission is a genuinely independent body
            with all the authorities that were invested in it under Afghan
            law as of December 31, 2009.''.''.
        (b) Nepal.--
                (1) Funds appropriated by this Act under the headings
            ``Foreign Military Financing Program'' and ``Peacekeeping
            Operations'' may be made available for assistance for Nepal
            only if the Secretary of State certifies to the Committees on
            Appropriations that the Nepal Army is--
                        (A) cooperating fully with investigations and
                    prosecutions by civilian judicial authorities of
                    violations of internationally recognized human rights,
                    including the 2004 murder of Maina Sunuwar; and
                        (B) working constructively to redefine the Nepal
                    Army's mission and adjust its size accordingly,
                    implement reforms including strengthening the capacity
                    of the civilian ministry of defense to improve budget
                    transparency and accountability, and facilitate the
                    integration of former rebel combatants into the
                    security forces including the Nepal Army, consistent
                    with the goals of reconciliation, peace and stability.
                (2) The conditions in paragraph (1) shall not apply to
            assistance for humanitarian relief and reconstruction
            activities in Nepal.
        (c) Pakistan.--
                (1) In general.--Funds appropriated by this Act that are
            available for assistance for Pakistan shall be made available,
            to the maximum extent practicable, in a manner that utilizes
            Pakistani entities and directly improves the security, economic
            and social well-being of Pakistani women and girls.
                (2) Direct government-to-government assistance.--Funds
            appropriated by this Act for assistance for Pakistan may be
            made available for direct government-to-government assistance
            only if the Secretary of State certifies to the Committees on
            Appropriations that the Government of the United States and the
            Government of Pakistan have agreed, in writing, to clear and
            achievable goals and objectives for the use of such funds, and
            have established mechanisms within each implementing agency to
            ensure that such funds are used for the purposes for which they
            were intended: Provided, That the Secretary of State should
            suspend any direct government-to-government assistance to an
            implementing agency if the Secretary has credible information
            of misuse of such funds by any such agency: Provided further,
            That funds made available pursuant to this subparagraph shall
            be subject to prior consultation with, and the regular
            notification procedures of, the Committees on Appropriations.
                (3) Cross border assistance.--Funds appropriated under the
            heading ``Economic Support Fund'' in this Act for assistance
            for Pakistan should be provided notwithstanding any provision
            of law that restricts assistance to foreign countries for cross
            border stabilization and development programs between
            Afghanistan and Pakistan or between either country and the
            Central Asian republics.
                (4) Infrastructure projects.--Funds appropriated under the
            heading ``Economic Support Fund'' in this Act that are made
            available for assistance for infrastructure projects in
            Pakistan shall be implemented in a manner consistent with
            section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
                (5) Human rights.--
                        (A) Funds appropriated under the headings ``Foreign
                    Military Financing Program'' and ``Pakistan
                    Counterinsurgency Capability Fund'' in this Act that
                    are available for assistance for Pakistan shall be made
                    available--
                                (i) in a manner that promotes unimpeded
                            access by humanitarian organizations to
                            detainees, internally displaced persons, and
                            other Pakistani civilians adversely affected by
                            the conflict; and
                                (ii) in accordance with section 620M of the
                            Foreign Assistance Act of 1961, as amended by
                            this Act.
                        (B) Funds appropriated under the heading ``Economic
                    Support Fund'' in this Act for assistance for Pakistan
                    shall be made available through the Bureau of
                    Democracy, Human Rights and Labor, Department of State,
                    for human rights programs in Pakistan, including
                    training of government officials and security forces,
                    and assistance for human rights organizations.
                (6) Chief of mission.--Of the funds appropriated under the
            heading ``Economic Support Fund'' in this Act for assistance
            for Pakistan, up to $10,000,000 may be made available to the
            Chief of Mission to address unanticipated humanitarian and
            conflict related needs: Provided, That such funds shall be
            subject to prior consultation with, and the regular
            notification procedures of, the Committees on Appropriations,
            except that the prior consultation requirement may be waived in
            a manner consistent with section 7015(e) of this Act.
                (7) Spending plan.--The Secretary of State, in consultation
            with the Administrator of the United States Agency for
            International Development, shall submit to the Committees on
            Appropriations not later than 45 days after enactment of this
            Act, and prior to the initial obligation of funds, a detailed
            spending plan for assistance for Pakistan which shall include
            clear and achievable goals, benchmarks for measuring progress,
            and expected results: Provided, That such plan shall not be
            considered as meeting the notification requirements under
            section 7015 of this Act or under section 634A of the Foreign
            Assistance Act of 1961.
                (8) Modification to program.--Any significant modification
            to the scope, objectives or implementation mechanisms of United
            States assistance programs in Pakistan shall be subject to
            prior consultation with, and the regular notification
            procedures of, the Committees on Appropriations, except that
            the prior consultation requirement may be waived if it is
            determined that failure to do so would pose a substantial risk
            to human health or welfare: Provided, That in case of any such
            waiver, notification to the Committees on Appropriations shall
            be provided as early as practicable, but in no event later than
            3 days after taking the action to which such consultation
            requirement was applicable.
        (d) Sri Lanka.--
                (1) Funds appropriated in title III of this Act that are
            available for assistance for Sri Lanka shall be made available
            for programs that promote reconciliation between ethnic
            Sinhalese and Tamil populations, support post-conflict
            reconstruction, and advance the participation of Tamils and
            other minorities in the political and economic life of the
            country, and shall be subject to the regular notification
            procedures of the Committees on Appropriations.
                (2) None of the funds appropriated by this Act under the
            heading ``Foreign Military Financing Program'' may be made
            available for assistance for Sri Lanka, no defense export
            license may be issued, and no military equipment or technology
            shall be sold or transferred to Sri Lanka pursuant to the
            authorities contained in this Act or any other Act, unless the
            Secretary of State certifies to the Committees on
            Appropriations that the Government of Sri Lanka is--
                        (A) investigating alleged violations of
                    internationally recognized human rights and
                    international humanitarian law by government forces and
                    the Liberation Tigers of Tamil Eelam, including the
                    assassination of Lasantha Wickrematunge;
                        (B) bringing to justice individuals who have been
                    credibly alleged to have committed such violations;
                        (C) supporting and cooperating with any United
                    Nations advisory panel or investigation of alleged
                    violations of international humanitarian law;
                        (D) respecting due process and the rights of its
                    citizens to peaceful expression and association;
                        (E) providing access to detainees and conflict-
                    affected areas and populations by humanitarian
                    organizations; and
                        (F) implementing policies to promote reconciliation
                    and justice including devolution of power as provided
                    for in the Constitution of Sri Lanka.
                (3) Paragraph (2) shall not apply to assistance for
            humanitarian demining and aerial and maritime surveillance.
                (4) If the Secretary makes the certification required in
            paragraph (2), funds appropriated under the heading ``Foreign
            Military Financing Program'' that are made available for
            assistance for Sri Lanka should be used to support the
            recruitment and training of Tamils into the Sri Lankan
            military, Tamil language training for Sinhalese military
            personnel, and human rights training for all military
            personnel.
                (5) The Secretary of the Treasury shall instruct the United
            States executive directors of the international financial
            institutions to vote against any loan, agreement, or other
            financial support for Sri Lanka except to meet basic human
            needs, unless the Secretary of State certifies to the
            Committees on Appropriations that the Government of Sri Lanka
            is meeting the requirements in paragraph (2)(E) and (F) of this
            subsection.

                                enterprise funds

        Sec. 7072. (a) Prior to the distribution of any assets resulting
    from any liquidation, dissolution, or winding up of an Enterprise Fund,
    in whole or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.
        (b) Funds made available under titles III through VI of this Act
    for Enterprise Funds shall be expended at the minimum rate necessary to
    make timely payment for projects and activities and shall be subject to
    the regular notification procedures of the Committees on
    Appropriations.

                         united nations population fund

        Sec. 7073. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2011, $57,500,000 shall be made available for the United
    Nations Population Fund (UNFPA).
        (b) Availability of Funds.--Funds appropriated by this Act for
    UNFPA, that are not made available for UNFPA because of the operation
    of any provision of law, shall be transferred to the ``Global Health
    and Child Survival'' account and shall be made available for family
    planning, maternal, and reproductive health activities, subject to the
    regular notification procedures of the Committees on Appropriations.
        (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
        (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may not be made available unless--
                (1) UNFPA maintains funds made available by this Act in an
            account separate from other accounts of UNFPA and does not
            commingle such funds with other sums; and
                (2) UNFPA does not fund abortions.
        (e) Report to Congress and Dollar-for-Dollar Withholding of
    Funds.--
                (1) Not later than 4 months after the date of enactment of
            this Act, the Secretary of State shall submit a report to the
            Committees on Appropriations indicating the amount of funds
            that the UNFPA is budgeting for the year in which the report is
            submitted for a country program in the People's Republic of
            China.
                (2) If a report under paragraph (1) indicates that the
            UNFPA plans to spend funds for a country program in the
            People's Republic of China in the year covered by the report,
            then the amount of such funds the UNFPA plans to spend in the
            People's Republic of China shall be deducted from the funds
            made available to the UNFPA after March 1 for obligation for
            the remainder of the fiscal year in which the report is
            submitted.

                    overseas private investment corporation

                         (including transfer of funds)

        Sec. 7074. (a) Whenever the President determines that it is in
    furtherance of the purposes of the Foreign Assistance Act of 1961, up
    to a total of $20,000,000 of the funds appropriated under title III of
    this Act may be transferred to, and merged with, funds appropriated by
    this Act for the Overseas Private Investment Corporation Program
    Account, to be subject to the terms and conditions of that account:
    Provided, That such funds shall not be available for administrative
    expenses of the Overseas Private Investment Corporation: Provided
    further, That designated funding levels in this Act shall not be
    transferred pursuant to this section: Provided further, That the
    exercise of such authority shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        (b) Notwithstanding section 235(a)(2) of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a)
    through (c) of section 234 of such Act shall remain in effect through
    September 30, 2013.

                                  extradition

        Sec. 7075. (a) None of the funds appropriated in this Act may be
    used to provide assistance (other than funds provided under the
    headings ``International Narcotics Control and Law Enforcement'',
    ``Migration and Refugee Assistance'', ``Emergency Migration and Refugee
    Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and
    Related Assistance'') for the central government of a country which has
    notified the Department of State of its refusal to extradite to the
    United States any individual indicted for a criminal offense for which
    the maximum penalty is life imprisonment without the possibility of
    parole or for killing a law enforcement officer, as specified in a
    United States extradition request.
        (b) Subsection (a) shall only apply to the central government of a
    country with which the United States maintains diplomatic relations and
    with which the United States has an extradition treaty and the
    government of that country is in violation of the terms and conditions
    of the treaty.
        (c) The Secretary of State may waive the restriction in subsection
    (a) on a case-by-case basis if the Secretary certifies to the
    Committees on Appropriations that such waiver is important to the
    national interests of the United States.

                    climate change and environment programs

        Sec. 7076. (a) In General.--Of the funds appropriated by this Act,
    up to $1,476,550,000 may be made available for programs and activities
    to--
                (1) reduce, mitigate, and sequester greenhouse gases that
            contribute to global climate change;
                (2) support climate change adaptation; and
                (3) protect biodiversity, including wildlife, tropical
            forests, and other critical landscapes.
        (b) Uses of Clean Energy Funding.--Funds appropriated by this Act
    under the headings ``Development Assistance'', ``Economic Support
    Fund'', and ``Assistance for Europe, Eurasia and Central Asia'' for
    clean energy programs and activities, may be made available only to
    support and promote the sustainable use of renewable energy
    technologies and end-use energy efficiency technologies, carbon
    sequestration, and carbon accounting.
        (c) Tropical Forest Programs.--Funds appropriated under title III
    of this Act for tropical forest programs shall be used for purposes
    including to implement and enforce section 8204 of Public Law 110-246,
    shall not be used to support or promote the expansion of industrial
    scale logging into primary tropical forests, and shall be subject to
    prior consultation with, and the regular notification procedures of,
    the Committees on Appropriations: Provided, That not more than
    $5,000,000 of the funds that are available for the Central African
    Regional Program for the Environment (CARPE) and other tropical forest
    programs in the Congo Basin may be obligated before approval of a new
    CARPE strategy.
        (d) Authority.--Funds appropriated by this Act to carry out the
    provisions of sections 103 through 106, and chapter 4 of part II, of
    the Foreign Assistance Act of 1961 may be used, notwithstanding any
    other provision of law except for the provisions of this section and
    subject to the regular notification procedures of the Committees on
    Appropriations, to support climate change and environment programs.
        (e) Consultation.--Funds made available pursuant to this section
    are subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations: Provided, That prior
    to the obligation of funds appropriated by this Act for contributions
    to the Forest Carbon Partnership Facility and the Forest Investment
    Program, the Secretary of State and/or the Secretary of the Treasury,
    as appropriate, shall determine and report to the Committees on
    Appropriations that there have been meaningful consultations by the
    World Bank with interested civil society and indigenous organizations.
        (f) Extraction of Natural Resources.--
                (1) Funds appropriated by this Act shall be made available
            to promote and support transparency and accountability of
            expenditures and revenues related to the extraction of timber,
            oil and gas, cacao and other natural resources, including by
            strengthening implementation and monitoring of the Extractive
            Industries Transparency Initiative and the Kimberley Process
            Certification Scheme, and by providing technical assistance to
            promote independent audit mechanisms and support civil society
            participation in natural resource management.
                (2)(A) The Secretary of the Treasury shall inform the
            managements of the international financial institutions and
            post on the Department of the Treasury's Web site that it is
            the policy of the United States to oppose any assistance by
            such institutions (including but not limited to any loan,
            credit, grant, or guarantee) for the extraction and export of
            oil, gas, coal, timber, or other natural resource unless the
            government of the country has in place functioning systems in
            the sector in which assistance is being considered for:
                        (i) accurately accounting for and public disclosure
                    of payments to the host government by companies
                    involved in the extraction and export of natural
                    resources;
                        (ii) the independent auditing of accounts receiving
                    such payments and the widespread public dissemination
                    of the findings of such audits; and
                        (iii) public disclosure of such documents as Host
                    Government Agreements, Concession Agreements, and
                    bidding documents, allowing in any such dissemination
                    or disclosure for the redaction of, or exceptions for,
                    information that is commercially proprietary or that
                    would create competitive disadvantage.
                (B) The requirements of subparagraph (A) shall not apply to
            assistance for the purpose of building the capacity of such
            government to meet the requirements of this paragraph.
                (3) The Secretary of the Treasury or the Secretary of
            State, as appropriate, shall instruct the United States
            executive director of each international financial institution
            and the United States representatives to all forest-related
            multilateral financing mechanisms and processes, that it is the
            policy of the United States to oppose the expansion of
            industrial scale logging into primary tropical forests.
        (g) Clean Technology Fund.--
                (1) Authorization of appropriations.--For fiscal year 2011,
            up to $315,000,000 is authorized to be appropriated for a
            United States contribution to the Clean Technology Fund (the
            Fund).
                (2) Limits on country access.--The Secretary of the
            Treasury shall use the voice and vote of the United States to
            ensure that--
                        (A) the Fund does not provide more than 15 percent
                    of Fund resources to any one country;
                        (B) prior to the obligation of funds from the Fund
                    to a recipient country, recipient countries shall
                    submit to the governing body of the Fund, and the
                    governing body of the Fund appropriately reviews and
                    considers, an investment plan that will achieve
                    significant net reductions in national-level greenhouse
                    gas emissions;
                        (C) the investment plan for a recipient country,
                    whose borrowing status is classified by the World Bank
                    as ``International Development Association blend'',
                    shall have at least 15 percent of its total cost for
                    public sector activities contributed from the public
                    funds of the recipient country, and any recipient
                    country whose borrowing status is classified by the
                    World Bank as ``International Bank for Reconstruction
                    and Development Only'' status, shall have at least 25
                    percent of its total cost for public sector activities
                    contributed from public funds of the recipient country;
                    and
                        (D) assistance made available by the Fund is used
                    exclusively to support the deployment of clean energy
                    technologies in developing countries (including, where
                    appropriate, through the provision of technical support
                    or support for policy or institutional reforms) in a
                    manner that achieves substantial net reductions in
                    greenhouse gas emissions.
                (3) Definitions.--For purposes of this subsection--
                        (A) Net reductions.--The term ``net reductions''
                    refers to the extent to which a project or program
                    supported under this subsection results in lower
                    greenhouse gas emissions than would be emitted by the
                    same entity or sector in the same country in the
                    absence of the Fund's project, taking into account,
                    unless impracticable, effects beyond the physical
                    boundaries of the project or program that result from
                    project or program activities.
                        (B) Public funds.--The term ``public funds'' may
                    include sovereign loans assumed by the recipient
                    country to contribute to the financing of the
                    investment plan.
                        (C) Clean energy technology.--The term ``clean
                    energy technology'' means a technology that, as
                    compared with technologies being deployed at that time
                    for widespread commercial use in the country involved--
                                (i) achieves substantial reductions in
                            greenhouse gas emissions;
                                (ii) does not result in significant
                            incremental adverse effects on public health or
                            the environment; and
                                (iii) does one or more of the following:
                                        (I) generates electricity or useful
                                    thermal energy from a renewable
                                    resource;
                                        (II) substantially increases the
                                    energy efficiency of buildings,
                                    industrial, or agricultural processes,
                                    or of electricity transmission,
                                    distribution, or end-use consumption;
                                        (III) substantially increases the
                                    energy efficiency of the transportation
                                    system or increases utilization of
                                    transportation fuels that have
                                    lifecycle greenhouse gas emissions that
                                    are substantially lower than those
                                    attributable to fossil fuel-based
                                    alternatives.

                      prohibition on promotion of tobacco

        Sec. 7077.  None of the funds provided by this Act shall be
    available to promote the sale or export of tobacco or tobacco products,
    or to seek the reduction or removal by any foreign country of
    restrictions on the marketing of tobacco or tobacco products, except
    for restrictions which are not applied equally to all tobacco or
    tobacco products of the same type.

                     commercial leasing of defense articles

        Sec. 7078.  The second sentence of section 23(a) of the Arms Export
    Control Act, as amended, (Public Law 96-29) is further amended by
    striking ``and Egypt'' and inserting ``, Egypt, and NATO and major non-
    NATO allies''.

                        international prison conditions

        Sec. 7079. (a) Not later than 180 days after enactment of this Act,
    the Secretary of State shall submit to the Committees on Appropriations
    a report, which shall also be made publicly available including on the
    Department of State's Web site, indicating those countries receiving
    assistance under the headings ``Development Assistance'', ``Economic
    Support Fund'', ``International Narcotics Control and Law
    Enforcement'', and ``Foreign Military Financing Program'' in this Act
    where the Assistant Secretary of State for Democracy, Human Rights and
    Labor has determined, based on the Department of State's most recent
    Human Rights Report and any other relevant information, inhumane
    conditions in prisons and other detention facilities are common.
        (b) For purposes of each determination made pursuant to subsection
    (a), the Assistant Secretary shall consider the criteria listed in
    section 7085(b)(1 through 10) of division F of Public Law 111-117.
        (c) Funds appropriated by this Act to carry out the provisions of
    chapters 1 and 11 of part I and chapter 4 of part II of the Foreign
    Assistance Act of 1961, and the Support for East European Democracy
    (SEED) Act of 1989, shall be made available, notwithstanding section
    660 of the Foreign Assistance Act of 1961, for assistance to help
    eliminate inhumane conditions in foreign prisons and other detention
    facilities.

               transparency, accountability and anti-kleptocracy

        Sec. 7080. (a) United Nations.--Funds appropriated by this Act
    shall be available to continue to support efforts to promote
    transparency and accountability at the United Nations, including access
    to audits and program information, as appropriate: Provided, That the
    Secretary of State, following consultation with the Committees on
    Appropriations, may withhold from obligation funds appropriated under
    the heading ``International Organizations and Programs'' for a United
    States contribution to a United Nations organization or agency if the
    Secretary determines that such organization or agency is not adequately
    implementing reforms to increase transparency and accountability.
        (b) International Monetary Fund.--
                (1) The terms and conditions of section 7086(b) of division
            F of Public Law 111-117 shall apply to this Act.
                (2) The Secretary of the Treasury shall instruct the United
            States Executive Director of the International Monetary Fund
            (IMF) to seek to ensure that any loan will be repaid to the IMF
            before other private creditors and in full.
        (c) National Budget and Contract Transparency.--
                (1) None of the funds appropriated under titles III and IV
            of this Act may be made available for assistance for the
            central government of any country that fails to publicly
            disclose on an annual basis its national budget, to include
            income and expenditures by ministry, and government contracts
            and licenses for natural resource exploitation, to include
            bidding and concession allocation practices.
                (2) The Secretary of State may waive the prohibition in
            paragraph (1) on a country-by-country basis if the Secretary
            reports to the Committees on Appropriations that to do so is
            important to the national interests of the United States.
                (3) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', up to $1,500,000 may be made
            available for programs and activities to assist the central
            government of any country named in the report required by
            paragraph (2) to improve budget transparency or to support
            civil society organizations in such countries that promote
            budget transparency: Provided, That such sums shall be in
            addition to funds otherwise made available for such purposes.
        (d) Good Governance and Accountability.--Programs funded under
    title III of this Act shall include, where appropriate, efforts to--
                (1) strengthen governance, counter corruption, promote
            accountability, and provide budget transparency to donors and
            citizens of recipient countries;
                (2) enhance civil society participation in governance and
            oversight activities including participatory and transparent
            budgeting, and capacity building to increase legislative branch
            oversight; and
                (3) improve police and justice systems that support anti-
            corruption efforts and enforce the rule of law.
        (e) Anti-kleptocracy.--
                (1) In furtherance of the National Strategy to
            Internationalize Efforts Against Kleptocracy and Presidential
            Proclamation 7750, the Secretary of State shall compile and
            maintain a list of officials of foreign governments and their
            immediate family members who the Secretary has credible
            evidence have been involved in corruption relating to the
            extraction of natural resources in their countries.
                (2) Any individual on the list compiled under paragraph (1)
            shall be ineligible for admission to the United States.
                (3) The Secretary may waive the application of paragraph
            (2) if the Secretary determines that admission to the United
            States is necessary to attend the United Nations, to further
            important United States law enforcement objectives, or that the
            circumstances which caused the individual to be included on the
            list have changed sufficiently to justify the removal of the
            individual from the list.
                (4) Not later than 120 days after enactment of this Act,
            the Secretary of State shall report in writing, in classified
            form if necessary, to the Committees on Appropriations
            describing the evidence of corruption concerning each of the
            individuals listed pursuant to paragraph (1), which shall
            include a list of any waivers provided under paragraph (3), and
            the justification for each waiver.
        (f) Asian Development Bank.--Ten percent of the funds appropriated
    by this Act under the heading ``Contribution to the Asian Development
    Fund'' shall be withheld from obligation until the Secretary of the
    Treasury reports to the Committees on Appropriations that the Asian
    Development Bank (the Bank) is taking steps to--
                (1) implement an independent review, to include external
            specialists, of the operations and internal controls of the
            Office of Information Systems and Technology and any other
            offices considered vulnerable to fraud and corruption;
                (2) strengthen internal controls to improve accountability
            by management and prevent cases of fraud and corruption; and
                (3) ensure that restitution, including criminal prosecution
            if appropriate, is sought if the Bank experiences losses from
            fraud and corruption.

                              disability programs

        Sec. 7081. (a) Funds appropriated by this Act under the heading
    ``Economic Support Fund'' shall be made available for programs and
    activities administered by the United States Agency for International
    Development (USAID) to address the needs and protect and promote the
    rights of people with disabilities in developing countries, including
    initiatives that focus on independent living, economic self-
    sufficiency, advocacy, education, employment, transportation, sports,
    and integration of individuals with disabilities, including for the
    cost of translation.
        (b) Funds appropriated under the heading ``Operating Expenses'' in
    title II of this Act shall be made available to develop and implement
    training for staff in overseas USAID missions to promote the full
    inclusion and equal participation of people with disabilities in
    developing countries.
        (c) The Secretary of State, the Secretary of the Treasury, and the
    USAID Administrator shall seek to ensure that, where practicable,
    construction projects funded by this Act are accessible to people with
    disabilities and in compliance with the USAID Policy on Standards for
    Accessibility for the Disabled, or other similar accessibility
    standards.
        (d) Of the funds made available pursuant to subsection (a), not
    more than 7 percent may be for management, oversight, and technical
    support.

             buying power maintenance, international organizations

        Sec. 7082. (a) There may be established in the Treasury of the
    United States a ``Buying Power Maintenance, International
    Organizations'' account.
        (b) At the end of each fiscal year, the Secretary of State may
    transfer to, and merge with, ``Buying Power Maintenance, International
    Organizations'' such amounts from ``Contributions to International
    Organizations'' as the Secretary determines are in excess of the needs
    of activities funded from ``Contributions to International
    Organizations'' because of fluctuations in foreign currency exchange
    rates.
        (c) In order to offset adverse fluctuations in foreign currency
    exchange rates, the Secretary of State may transfer to, and merge with,
    ``Contributions to International Organizations'' such amounts from
    ``Buying Power Maintenance, International Organizations'' as the
    Secretary determines are necessary to provide for the activities funded
    from ``Contributions to International Organizations''.
        (d)(1) Subject to the limitations contained in this section, not
    later than the end of the fifth fiscal year after the fiscal year for
    which funds are appropriated or otherwise made available for
    ``Contributions to International Organizations'', the Secretary of
    State may transfer any unobligated balance of such funds to the
    ``Buying Power Maintenance, International Organizations'' account.
        (2) The balance of the Buying Power Maintenance, International
    Organizations account may not exceed $15,000,000 as a result of any
    transfer under this subsection.
        (3) Any transfer pursuant to this subsection shall be treated as a
    reprogramming of funds under section 34 of the State Department Basic
    Authorities Act of 1956 (22 U.S.C. 2706) and shall be available for
    obligation or expenditure only in accordance with the procedures under
    such section.
        (e)(1) Funds transferred to the ``Buying Power Maintenance,
    International Organizations'' account pursuant to this section shall
    remain available until expended.
        (2) The transfer authorities in this section shall be available for
    funds appropriated for fiscal year 2011 and for each fiscal year
    thereafter, and are in addition to any transfer authority otherwise
    available to the Department of State under other provisions of law.

                       prohibition on first-class travel

        Sec. 7083.  None of the funds made available in this Act may be
    used for first-class travel by employees of agencies funded by this Act
    in contravention of sections 301-10.122 through 301-10.124 of title 41,
    Code of Federal Regulations.

      prohibition on federal contractors in violation of civil rights act

        Sec. 7084. (a) None of the funds appropriated or otherwise made
    available by this Act may be expended for any Federal contract for an
    amount in excess of $1,000,000 that is awarded more than 60 days after
    the effective date of this Act, unless the contractor agrees not to--
                (1) enter into any agreement with any of its employees or
            independent contractors that requires, as a condition of
            employment, that the employee or independent contractor agree
            to resolve through arbitration any claim under title VII of the
            Civil Rights Act of 1964 or any tort related to or arising out
            of sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention;
            or
                (2) take any action to enforce any provision of an existing
            agreement with an employee or independent contractor that
            mandates that the employee or independent contractor resolve
            through arbitration any claim under title VII of the Civil
            Rights Act of 1964 or any tort related to or arising out of
            sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention.
        (b) None of the funds appropriated or otherwise made available by
    this Act may be expended for any Federal contract awarded more than 180
    days after the effective date of this Act unless the contractor
    certifies that it requires each covered subcontractor to agree not to
    enter into, and not to take any action to enforce any provision of, any
    agreement as described in paragraphs (1) and (2) of subsection (a),
    with respect to any employee or independent contractor performing work
    related to such subcontract. For purposes of this subsection, a
    ``covered subcontractor'' is an entity that has a subcontract in excess
    of $1,000,000 on a contract subject to subsection (a).
        (c) The prohibitions in this section do not apply with respect to a
    contractor's or subcontractor's agreements with employees or
    independent contractors that may not be enforced in a court of the
    United States.
        (d) The Secretary of State may waive the application of subsection
    (a) or (b) to a particular contractor or subcontractor for the purposes
    of a particular contract or subcontract if the Secretary determines
    that to do so is important to the national security interest of the
    United States: Provided, That prior to exercising such waiver authority
    (or, in an emergency, as soon as practicable), the Secretary shall
    submit a report to the Committees on Appropriations, in classified form
    if necessary, detaining the grounds for the waiver.

                   millennium challenge corporation compacts

        Sec. 7085. (a) Extension of Compacts.--Section 609(j) of the
    Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended to read
    as follows:
        ``(j) Extension of Compact.--
                ``(1) In general.--Except as provided under paragraph (2),
            the duration of a Compact shall not exceed 5 years.
                ``(2) Exception.--The duration of a Compact may be extended
            beyond 5 years if the Board--
                        ``(A) determines that a project included in the
                    Compact cannot be completed within 5 years; and
                        ``(B) approves an extension of the Compact that
                    does not extend the total duration of the Compact
                    beyond 7 years.
                ``(3) Congressional notification.--Not later than 15 days
            before the date on which the Board is scheduled to vote on the
            extension of a Compact beyond 5 years pursuant to paragraph
            (2), the Board, acting through the Chief Executive Officer,
            shall--
                        ``(A) notify the Committees on Appropriations, the
                    Committee on Foreign Relations of the Senate and the
                    Committee on Foreign Affairs of the House of
                    Representatives, of its intent to approve such
                    extension; and
                        ``(B) provide such committees with a detailed
                    explanation for the determination and approval
                    described in paragraph (2).''.
        (b) Concurrent and Subsequent Compacts.--Section 609(k) of such Act
    (22 U.S.C. 7708(k)) is amended to read as follows:
        ``(k) Concurrent and Subsequent Compacts.--
                ``(1) In general.--Subject to paragraph (2), and in
            accordance with the requirements of this title, an eligible
            country and the United States may enter into and have in effect
            concurrent and/or subsequent Compacts.
                ``(2) Requirements.--An eligible country and the United
            States may enter into concurrent or subsequent Compacts if the
            Board determines that such country--
                        ``(A) is making significant, consistent progress in
                    implementing the terms of its existing Compact(s) and
                    supplementary agreements to such Compact(s); and
                        ``(B) will contribute, in the case of an Low Income
                    Country as defined in section 606(a), not less than a
                    7.5 percent contribution of the total amount agreed
                    upon for a subsequent Compact, or in the case of an
                    Lower Middle Income Country (LMIC) as defined in
                    section 606(b), a 15 percent contribution for a
                    subsequent Compact.
                ``(3) Funding.--Millennium Challenge Corporation (MCC)
            shall commit any funding for a concurrent Compact at the time
            it funds the Compact.
                ``(4) Timing.--A concurrent Compact shall be signed not
            later than 2 years after the signing of the earlier compact.
                ``(5) Limitation on compacts.--The MCC shall provide no
            more than 15 years of compact funding to any country.''.
        (c) Applicability.--The amendments made by subsection (a) shall
    apply with respect to Compacts entered into between the United States
    and an eligible country under the Millennium Challenge Act of 2003 (22
    U.S.C. 7701 et seq.) before, on or after enactment of this Act, and
    those made by subsection (b) shall apply prospectively to new compacts.
        (d) Maintaining Candidate Status for Purposes of Income Category.--
    Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is
    amended as follows:
                (1) Section (a)(1) is amended by striking the words
            ``Fiscal year 2004'' and inserting ``In general'', and by
            striking the words ``for fiscal year 2004'' and inserting ``for
            a fiscal year''.
                (2) Section (a)(1)(A) is stricken and replaced with the
            following: ``The country has a per capita income equal to or
            below the World Bank's lower middle income country threshold
            for the fiscal year involved and is among the 75 lowest per
            capita income countries as identified by the World Bank; and'';
                (3) Section (a)(2) is stricken.
                (4) Section (b)(1)(A) is stricken and replaced with the
            following: ``has a per capita income equal to or below the
            World Bank's lower middle income country threshold for the
            fiscal year involved and is not among the 75 lowest per capita
            income countries as identified by the World Bank; and''.
        (e) Section 606 is amended by inserting the following--
        ``(d) Income Classification Transition.--Any country with a per
    capita income that changes in a given fiscal year such that the country
    would be reclassified in that fiscal year from a low income country to
    a lower middle income country or from a lower middle income country to
    a low income country shall retain its candidacy status in its former
    income classification for the fiscal year of the country's transition
    and the two subsequent fiscal years.''.

                             global women's issues

        Sec. 7086.  (a) Department of State Office for Global Women's
    Issues.--There is established, in the Office of the Secretary of State,
    the Office for Global Women's Issues (the Office). The Secretary of
    State may assign appropriate staff with relevant technical and
    operational expertise to the Office to carry out the purposes of this
    section.
        (b) Ambassador-at-large for Global Women's Issues.--The Office
    shall be headed by an Ambassador-at-Large for Global Women's Issues
    (the Ambassador), who shall be appointed by the President, by and with
    the advice and consent of the Senate; report directly to the Secretary
    of State; and have the rank and status of Ambassador-at-Large.
                (1) Duties.--The Ambassador is authorized to--
                        (A) coordinate, advise on, promote and, where
                    relevant, design and implement, activities, policies,
                    programs, and funding of relevant bureaus and offices
                    of the Department of State, and other relevant
                    executive branch agencies, which relate to--
                                (i) gender integration;
                                (ii) women's and girls' health, economic,
                            social and legal development, protection,
                            improvement in role and status in society; and
                                (iii) prevention and response to violence
                            against women and girls, including child and
                            forced marriage;
                        (B) work with relevant offices within the
                    Department of State, and in other relevant executive
                    branch agencies, to promote the collection, retention,
                    and analysis of data using internationally comparable
                    indicators, norms and methodologies to the extent
                    possible on programs and activities in paragraph (A);
                    and
                        (C) subject to the direction of the President and
                    the Secretary of State, represent the United States in
                    matters relevant to the status of women
                    internationally.
        (c) Interagency Cooperation.--On behalf of the Secretary of State,
    the Ambassador shall convene periodic meetings with other executive
    branch agencies to enhance and ensure effective coordination of
    policies, programs, and resources regarding critical issues related to
    international women's status and development.
        (d) United States Agency for International Development Gender
    Integration and Development Advisor.--There is established, within the
    United States Agency for International Development (USAID), the Gender
    Integration and Development Advisor (the Advisor), who shall be
    appointed by, and should report directly to, the USAID Administrator;
    be highly qualified in the areas of international development and
    gender integration; and participate in high-level strategic policy,
    planning, operations, and evaluations throughout all regional and
    functional disciplines of USAID.
                (1) Support staff.--The Office of Women in International
            Development shall report directly to the Advisor. The USAID
            Administrator shall assign additional staff with technical and
            operational expertise as may be needed to assist the Advisor in
            carrying out the purposes of this section.
                (2) Duties.--The Advisor is authorized to--
                        (A) coordinate and advise USAID efforts to
                    integrate gender in foreign assistance design,
                    strategy, and programs, including to make
                    recommendations to the USAID Administrator regarding
                    USAID policies, procedures, and budgeting;
                        (B) collect and make publicly available data and
                    analysis on gender integration activities, women's
                    development, and strategies for gender-based violence
                    prevention and response, in accordance with agency-wide
                    mechanisms for data collection, monitoring, and
                    evaluation; and
                        (C) provide recommendations to the Administrator
                    and the Ambassador.
        (e) Strategy.--Not later than 1 year after enactment of this Act,
    the Secretary of State and the USAID Administrator shall submit to the
    Committees on Appropriations, the Committee on Foreign Relations of the
    Senate and the Committee on Foreign Affairs of the House of
    Representatives, a 5-year strategy, developed by the Ambassador and the
    Advisor in consultation with other Federal agencies, multilateral
    organizations, foreign governments and United States and foreign civil
    society organizations with relevant expertise, to prevent and respond
    to violence against women and girls comprehensively in at least 5
    developing countries with severe levels of violence, which shall
    include multi-sector approaches, clear and achievable goals and
    objectives, indicators and benchmarks for measuring progress, and
    expected impacts, and the role of local women's organizations in
    implementation.
        (f) Clarification.--Nothing in this section shall be construed as
    affecting in any way existing statutory prohibitions related to
    abortion or existing statutory prohibitions on the use of funds to
    lobby for or against abortion.

        asian development fund and asian development bank authorizations

        Sec. 7087.  The Asian Development Bank Act (22 U.S.C. 285 et seq.)
    is amended by adding at the end the following--

    ``SEC. 33. NINTH REPLENISHMENT.

        ``(a) Contribution Authorized.--The United States Governor of the
    Bank is authorized to contribute $461,000,000 on behalf of the United
    States to the ninth replenishment of the resources of the Fund, to the
    extent such amounts are made available in advance through
    appropriations Acts.
        ``(b) Authorization of Appropriations.--In order to pay for the
    United States contribution under subsection (a), there are authorized
    to be appropriated, without fiscal year limitation, $461,000,000 for
    payment by the Secretary of the Treasury.

    ``SEC. 34. FIFTH CAPITAL INCREASE.

        ``(a) Subscription Authorized.--
                ``(1) The United States Governor of the Bank may subscribe
            on behalf of the United States to 1,104,420 additional shares
            of the capital stock of the Bank.
                ``(2) Any subscription by the United States to the capital
            stock of the Bank shall be effective only to such extent and in
            such amounts as are made available in advance through
            appropriations Acts.
        ``(b) Limitations on Authorization of Appropriations.--
                ``(1) In order to pay for the increase in the United States
            subscription to the Bank under subsection (a), there are
            authorized to be appropriated, without fiscal year limitation,
            $13,323,173,083 for payment by the Secretary of the Treasury.
                ``(2) Of the amount authorized to be appropriated under
            paragraph (1)--
                        ``(A) $532,929,240 shall be for paid in shares of
                    the Bank; and
                        ``(B) $12,790,243,843 shall be for callable shares
                    of the Bank.''.

                          inspectors general personnel

        Sec. 7088. (a)(1) The provisions in this section shall apply to the
    Inspector General of the Department of State and the Inspector General
    of the United States Agency for International Development.
        (2) The term ``Government Employee'' has the meaning given the term
    employee in section 2105 of title 5, United States Code.
        (3) The Inspector General may waive any of the following provisions
    to employ annuitants (individuals who are entitled to benefits under a
    retirement system for Government employees): subsections (a) through
    (d) of section 8344 of title 5, United States Code; subsections (a),
    (b) and (e) of section 8468 of title 5, United States Code; subsections
    (a) through (d) of section 824 of the Foreign Service Act of 1980 (22
    U.S.C. 4064); and any other similar provision of law, as identified by
    the Inspector General in regulations: Provided, That the Inspector
    General may exercise this authority: only on a case-by-case basis and
    only for so long as is necessary; when necessary due to exceptional
    difficulty in the recruitment or retention of a qualified employee for
    the position involved or a temporary emergency hiring need; as long as
    it does not cause the number of employees within the Office of
    Inspector General (OIG) employed under this or other similar authority
    to exceed, as of any given date, 15 percent of the total OIG workforce,
    determined on a full-time equivalent basis; and this authority is
    repealed on October 1, 2013, except that an annuitant re-employed
    pursuant to the waiver in this section before October 1, 2013, may
    continue such employment until not later than September 30, 2014.
        (4) Nothing in this section may be construed to permit or require
    that any re-employed annuitant benefitting from a waiver of a provision
    of law set forth in this section be treated as a Government employee
    for purposes of the retirement system to which such provision relates.
        (5) The Inspector General is authorized to obtain services under
    section 3109 of title 5, United States Code, without regard to
    subsections (d)(1) of such section, and is considered the head of the
    agency under subsection (b) of such section for purposes of exercising
    this authority.
                (A) Services may be obtained by the Inspector General for a
            period of up to 1 year, with an option to extend such services
            for an additional 2 years, and that the total number of
            individuals employed under this section shall not exceed 15
            percent of the total OIG workforce, determined on a full-time
            equivalent basis.
                (B) The authority to obtain such services shall expire on
            September 30, 2014 except that an individual whose service
            under this subsection is procured before October 1, 2014, may
            continue to provide such service until not later than September
            30, 2015.
        (b) Section 5545a of title 5, United States Code, is amended by
    adding at the end the following:
        ``(l)(1) The provisions of subsections (a)-(h) providing for
    availability pay shall apply to a Foreign Service officer serving as a
    criminal investigator in the Office of the Inspector General of the
    United States Agency for International Development.
        ``(2) For the purpose of this section, section 5542(d) of this
    title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards
    Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), such a Foreign Service
    officer shall be deemed to be a criminal investigator as defined in
    this section.
        ``(3) For purposes of this subsection, the term `Foreign Service
    officer' means as defined in section 103 (1)-(4) of the Foreign Service
    Act of 1980, as amended (22 U.S.C. 2903 (1)-(4)).''.

                                  rescissions

        Sec. 7089. (a) Of the unobligated balances available under the
    heading ``Subsidy Appropriation'' for the Export-Import Bank of the
    United States in title VI of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2009 (division H
    of Public Law 111-8; 123 Stat. 846) and under such heading in prior
    acts making appropriations for the Department of State, foreign
    operations, and related programs, $160,000,000 are rescinded.
        (b) Of the funds appropriated in prior Acts making appropriations
    for the Department of State, foreign operations, and related programs
    under the heading ``Diplomatic and Consular Programs'', $55,000,000, of
    which $50,000,000 shall be from amounts made available for Worldwide
    Security Protection, are rescinded: Provided, That no amounts may be
    rescinded from amounts that were designated by the Congress as an
    emergency requirement pursuant to the Concurrent Resolution on the
    Budget or the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended.
        (c) Of the unobligated balances available for the International
    Broadcasting Operations account, as identified by Treasury
    Appropriation Fund Symbol 95X0206, $633,000 are rescinded.
        (d) Of the amounts appropriated or otherwise made available by
    section 101 of the Continuing Appropriations Resolution, 2007 (division
    B of Public Law 109-289), as amended by section 2 of the Revised
    Continuing Appropriations Resolution, 2007 (Public Law 110-5; 121 Stat.
    8), for the Broadcasting Board of Governors under the heading
    ``Broadcasting Capital Improvements'' that remain available for
    obligation as of the date of the enactment of this Act, $72,000 are
    rescinded.
        (e) Of the unobligated balances available for the Child Survival
    and Health Program Fund account, as identified by Treasury
    Appropriation Fund Symbols 7206/111095 and 7207/121095, $6,317,000 are
    rescinded.
        (f) Of the unobligated balances available for the Development
    Assistance account, as identified by Treasury Appropriation Fund
    Symbols 7206/111021 and 7207/121021, $4,928,000 are rescinded.
        (g) Of the unobligated balances available for the Economic Support
    Fund account, as identified by Treasury Appropriation Fund Symbols
    7206/111037, 7207/121037, $6,179,000 are rescinded.
        (h) Of the unobligated balances available for the Assistance for
    the Independent States of the Former Soviet Union account, as
    identified by Treasury Appropriation Fund Symbols 7206/111093 and 7207/
    121093, $3,294,000 are rescinded.
        (i) Of the unobligated balances available for the International
    Narcotics Control and Law Enforcement account, as identified by
    Treasury Appropriation Fund Symbols, 11X1022, 1911X1022, 1106/121022,
    and 191105/111022, $11,143,000 are rescinded.
        (j) Of the unobligated balances available for the Assistance for
    Counternarcotics Activities account, as identified by Treasury
    Appropriation Fund Symbol, 19X1154, $3,148,000 are rescinded.
         This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2011''.

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

                                    TITLE I

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses of the Office of the Secretary,
    $115,509,000, of which not to exceed $2,667,000 shall be available for
    the immediate Office of the Secretary; not to exceed $1,000,000 shall
    be available for the Immediate Office of the Deputy Secretary; not to
    exceed $19,960,000 shall be available for the Office of the General
    Counsel; not to exceed $16,568,000 shall be available for the Office of
    the Under Secretary of Transportation for Policy; not to exceed
    $11,156,000 shall be available for the Office of the Assistant
    Secretary for Budget and Programs; not to exceed $2,500,000 shall be
    available for the Office of the Assistant Secretary for Governmental
    Affairs; not to exceed $25,695,000 shall be available for the Office of
    the Assistant Secretary for Administration; not to exceed $2,055,000
    shall be available for the Office of Public Affairs; not to exceed
    $1,683,000 shall be available for the Office of the Executive
    Secretariat; not to exceed $1,563,000 shall be available for the Office
    of Small and Disadvantaged Business Utilization; not to exceed
    $10,999,000 for the Office of Intelligence, Security, and Emergency
    Response; and not to exceed $19,663,000 shall be available for the
    Office of the Chief Information Officer: Provided, That the Secretary
    of Transportation is authorized to transfer funds appropriated for any
    office of the Office of the Secretary to any other office of the Office
    of the Secretary: Provided further, That no appropriation for any
    office shall be increased or decreased by more than 5 percent by all
    such transfers: Provided further, That notice of any change in funding
    greater than 5 percent shall be submitted for approval to the House and
    Senate Committees on Appropriations: Provided further, That not to
    exceed $60,000 shall be for allocation within the Department for
    official reception and representation expenses as the Secretary may
    determine: Provided further, That notwithstanding any other provision
    of law, excluding fees authorized in Public Law 107-71, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees: Provided further, That none of the funds provided in this
    Act shall be available for the position of Assistant Secretary for
    Public Affairs.

                       national infrastructure investment

        For capital investments in transportation infrastructure,
    $500,000,000, to remain available through September 30, 2013: Provided,
    That the Secretary of Transportation shall distribute funds provided
    under this heading as discretionary grants to be awarded to a State,
    local government, transit agency, or a collaboration among such
    entities on a competitive basis for projects that will have a
    significant impact on the Nation, a metropolitan area, or a region:
    Provided further, That projects eligible for funding provided under
    this heading shall include, but not be limited to, highway or bridge
    projects eligible under title 23, United States Code; public
    transportation projects eligible under chapter 53 of title 49, United
    States Code; passenger and freight rail transportation projects; and
    port infrastructure investments: Provided further, That in distributing
    funds provided under this heading, the Secretary shall take such
    measures so as to ensure an equitable geographic distribution of funds,
    an appropriate balance in addressing the needs of urban and rural
    areas, and the investment in a variety of transportation modes:
    Provided further, That a grant funded under this heading shall be not
    less than $10,000,000 and not greater than $125,000,000: Provided
    further, That not more than 25 percent of the funds made available
    under this heading may be awarded to projects in a single State:
    Provided further, That the Federal share of the costs for which an
    expenditure is made under this heading shall be, at the option of the
    recipient, up to 80 percent: Provided further, That the Secretary shall
    give priority to projects that require a contribution of Federal funds
    in order to complete an overall financing package: Provided further,
    That not less than $100,000,000 of the funds provided under this
    heading shall be for projects located in rural areas: Provided further,
    That for projects located in rural areas, the minimum grant size shall
    be $1,000,000 and the Secretary may increase the Federal share of costs
    above 80 percent: Provided further, That of the amount made available
    under this heading, the Secretary may transfer to the Federal Highway
    Administration an amount not to exceed $60,000,000 for the purpose of
    paying the subsidy and administrative costs of projects eligible for
    federal credit assistance under chapter 6 of title 23, United States
    Code, if the Secretary finds that such use of the funds would advance
    the purposes of this paragraph: Provided further, That of the amount
    made available under this heading, the Secretary may use an amount not
    to exceed $20,000,000 for the planning, preparation or design of
    projects eligible for funding under this heading: Provided further,
    That projects conducted using funds provided under this heading must
    comply with the requirements of subchapter IV of chapter 31 of title
    40, United States Code: Provided further, That the Secretary shall
    publish criteria on which to base the competition for any grants
    awarded under this heading no sooner than 60 days after enactment of
    this Act, require applications for funding provided under this heading
    to be submitted no sooner than 120 days after the publication of such
    criteria, and announce all projects selected to be funded from funds
    provided under this heading no sooner than September 15, 2011: Provided
    further, That the Secretary may retain up to $20,000,000 of the funds
    provided under this heading, and may transfer portions of those funds
    to the Administrators of the Federal Highway Administration, the
    Federal Transit Administration, the Federal Railroad Administration,
    and the Federal Maritime Administration, to fund the award and
    oversight of surface transportation grants.

                          financial management capital

        For necessary expenses for upgrading and enhancing the Department
    of Transportation's financial systems and re-engineering business
    processes, $20,000,000, to remain available through September 30, 2014.

                           cyber security initiatives

        For necessary one-time expenses for cyber security initiatives,
    including improvement of network perimeter controls and identity
    management, testing and assessment of information technology against
    business, security, and other requirements, implementation of Federal
    cyber security initiatives and information infrastructure enhancements,
    implementation of enhanced security controls on network devices, and
    enhancement of cyber security workforce training tools, $30,000,000, to
    remain available through September 30, 2014.

                             office of civil rights

        For necessary expenses of the Office of Civil Rights, $9,767,000.

               transportation planning, research, and development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $16,769,000.

                              working capital fund

        For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $148,096,000, shall be paid
    from appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis
    to entities within the Department of Transportation: Provided further,
    That the above limitation on operating expenses shall not apply to non-
    DOT entities: Provided further, That no funds appropriated in this Act
    to an agency of the Department shall be transferred to the Working
    Capital Fund without the approval of the agency modal administrator:
    Provided further, That no assessments may be levied against any
    program, budget activity, subactivity or project funded by this Act
    unless notice of such assessments and the basis therefor are presented
    to the House and Senate Committees on Appropriations and are approved
    by such Committees.

                   minority business resource center program

        For the cost of guaranteed loans, $329,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $18,367,000. In addition, for administrative expenses to
    carry out the guaranteed loan program, $584,000.

                           minority business outreach

        For necessary expenses of Minority Business Resource Center
    outreach activities, $3,553,000, to remain available until September
    30, 2012: Provided, That notwithstanding 49 U.S.C. 332, these funds may
    be used for business opportunities related to any mode of
    transportation.

                            payments to air carriers

                        (airport and airway trust fund)

                         (including transfer of funds)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $146,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended: Provided, That, in
    determining between or among carriers competing to provide service to a
    community, the Secretary may consider the relative subsidy requirements
    of the carriers: Provided further, That, if the funds under this
    heading are insufficient to meet the costs of the essential air service
    program in the current fiscal year, the Secretary shall transfer such
    sums as may be necessary to carry out the essential air service program
    from any available amounts appropriated to or directly administered by
    the Office of the Secretary for such fiscal year.

      administrative provisions--office of the secretary of transportation

        Sec. 101.  None of the funds made available in this Act to the
    Department of Transportation may be obligated for the Office of the
    Secretary of Transportation to approve assessments or reimbursable
    agreements pertaining to funds appropriated to the modal
    administrations in this Act, except for activities underway on the date
    of enactment of this Act, unless such assessments or agreements have
    completed the normal reprogramming process for Congressional
    notification.
        Sec. 102.  None of the funds made available under this Act may be
    obligated or expended to establish or implement a program under which
    essential air service communities are required to assume subsidy costs
    commonly referred to as the EAS local participation program.
        Sec. 103.  The Secretary or his designee may engage in activities
    with States and State legislators to consider proposals related to the
    reduction of motorcycle fatalities.

                        Federal Aviation Administration

                                   operations

                        (airport and airway trust fund)

                         (including transfer of funds)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the
    public, lease or purchase of passenger motor vehicles for replacement
    only, in addition to amounts made available by Public Law 108-176,
    $9,817,739,000, of which $4,559,000,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $7,653,128,000
    shall be available for air traffic organization activities; not to
    exceed $1,304,486,000 shall be available for aviation safety
    activities; not to exceed $16,747,000 shall be available for commercial
    space transportation activities; not to exceed $114,784,000 shall be
    available for financial services activities; not to exceed $103,297,000
    shall be available for human resources program activities; not to
    exceed $361,354,000 shall be available for region and center operations
    and regional coordination activities; not to exceed $208,644,000 shall
    be available for staff offices; and not to exceed $55,949,000 shall be
    available for information services: Provided, That the Secretary
    utilize not less than $18,000,000 of the funds provided for aviation
    safety activities to pay for staff increases in the Office of Aviation
    Flight Standards and the Office of Aircraft Certification: Provided
    further, That none of the funds provided for increases to the staffs of
    the aviation flight standards and aircraft certification offices shall
    be used for other purposes: Provided further, That not to exceed 2
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation by more than 2 percent: Provided further, That any
    transfer in excess of 2 percent shall be treated as a reprogramming of
    funds under section 405 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section: Provided further, That the Administrator shall
    study and report to the House and Senate Committees on Appropriations
    various alternatives for developing an objective, data-driven test to
    be used in the placement of air traffic controllers after the
    successful completion of their training at the Federal Aviation
    Administration Academy: Provided further, That such study shall include
    an evaluation of the amount of training controllers should receive at
    the Academy: Provided further, That not later than March 31 of each
    fiscal year hereafter, the Administrator of the Federal Aviation
    Administration shall transmit to Congress an annual update to the
    report submitted to Congress in December 2004 pursuant to section 221
    of Public Law 108-176: Provided further, That the amount herein
    appropriated shall be reduced by $100,000 for each day after March 31
    that such report has not been submitted to the Congress: Provided
    further, That not later than March 31 of each fiscal year hereafter,
    the Administrator shall transmit to Congress a companion report that
    describes a comprehensive strategy for staffing, hiring, and training
    flight standards and aircraft certification staff in a format similar
    to the one utilized for the controller staffing plan, including stated
    attrition estimates and numerical hiring goals by fiscal year, and a
    benchmark for assessing the amount of time aviation inspectors spend
    directly observing industry field operations: Provided further, That
    the amount herein appropriated shall be reduced by $100,000 per day for
    each day after March 31 that such report has not been submitted to
    Congress: Provided further, That funds may be used to enter into a
    grant agreement with a nonprofit standard-setting organization to
    assist in the development of aviation safety standards: Provided
    further, That none of the funds in this Act shall be available for new
    applicants for the second career training program: Provided further,
    That none of the funds in this Act shall be available for the Federal
    Aviation Administration to finalize or implement any regulation that
    would promulgate new aviation user fees not specifically authorized by
    law after the date of the enactment of this Act: Provided further, That
    there may be credited to this appropriation as offsetting collections
    funds received from States, counties, municipalities, foreign
    authorities, other public authorities, and private sources for expenses
    incurred in the provision of agency services, including receipts for
    the maintenance and operation of air navigation facilities, and for
    issuance, renewal or modification of certificates, including airman,
    aircraft, and repair station certificates, or for tests related
    thereto, or for processing major repair or alteration forms: Provided
    further, That of the funds appropriated under this heading, not less
    than $9,500,000 shall be for the contract tower cost-sharing program:
    Provided further, That none of the funds in this Act for aeronautical
    charting and cartography are available for activities conducted by, or
    coordinated through, the Working Capital Fund.

                            facilities and equipment

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for
    acquisition, establishment, technical support services, improvement by
    contract or purchase, and hire of national airspace systems and
    experimental facilities and equipment, as authorized under part A of
    subtitle VII of title 49, United States Code, including initial
    acquisition of necessary sites by lease or grant; engineering and
    service testing, including construction of test facilities and
    acquisition of necessary sites by lease or grant; construction and
    furnishing of quarters and related accommodations for officers and
    employees of the Federal Aviation Administration stationed at remote
    localities where such accommodations are not available; and the
    purchase, lease, or transfer of aircraft from funds available under
    this heading, including aircraft for aviation regulation and
    certification; to be derived from the Airport and Airway Trust Fund,
    $2,990,000,000, of which $2,508,000,000 shall remain available until
    September 30, 2013, and of which $482,000,000 shall remain available
    until September 30, 2011: Provided, That of the funds provided under
    this heading, $25,000,000 is available for next generation air
    transportation equipage: Provided further, That the Secretary of
    Transportation shall use existing authorities to distribute funds made
    available for next generation air transportation equipage under the
    previous proviso to air carriers, other certificate holders, and
    avionics manufacturers, or a collaboration among such entities, on a
    competitive basis for projects that will demonstrate significant
    benefits to the public, aviation industry or aircraft operators, and
    take such measures so as to give priority to maximizing the anticipated
    public benefit and participant contribution:  Provided further, That
    the Federal share of the costs for which an expenditure is made for
    next generation transportation equipage shall not exceed 80 percent of
    the total cost of the proposed equipage program:  Provided further,
    That there may be credited to this appropriation funds received from
    States, counties, municipalities, other public authorities, and private
    sources, for expenses incurred in the establishment, improvement, and
    modernization of national airspace systems: Provided further, That upon
    initial submission to the Congress of the fiscal year 2012 President's
    budget, the Secretary of Transportation shall transmit to the Congress
    a comprehensive capital investment plan for the Federal Aviation
    Administration which includes funding for each budget line item for
    fiscal years 2012 through 2016, with total funding for each year of the
    plan constrained to the funding targets for those years as estimated
    and approved by the Office of Management and Budget.

                     research, engineering, and development

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle
    VII of title 49, United States Code, including construction of
    experimental facilities and acquisition of necessary sites by lease or
    grant, $198,000,000, to be derived from the Airport and Airway Trust
    Fund and to remain available until September 30, 2013: Provided, That
    there may be credited to this appropriation as offsetting collections,
    funds received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development.

                           grants-in-aid for airports

                    (liquidation of contract authorization)

                          (limitation on obligations)

                        (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,550,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,515,000,000 in fiscal year 2011, notwithstanding section 47117(g) of
    title 49, United States Code: Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems: Provided further, That notwithstanding any other
    provision of law, of funds limited under this heading, not more than
    $99,622,000 shall be obligated for administration, not less than
    $15,000,000 shall be available for the airport cooperative research
    program, not less than $27,217,000 shall be for Airport Technology
    Research.

           administrative provisions--federal aviation administration

        Sec. 110.  None of the funds in this Act may be used to compensate
    in excess of 600 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2011.
        Sec. 111.  None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide
    to the Federal Aviation Administration without cost building
    construction, maintenance, utilities and expenses, or space in airport
    sponsor-owned buildings for services relating to air traffic control,
    air navigation, or weather reporting: Provided, That the prohibition of
    funds in this section does not apply to negotiations between the agency
    and airport sponsors to achieve agreement on ``below-market'' rates for
    these items or to grant assurances that require airport sponsors to
    provide land without cost to the FAA for air traffic control
    facilities.
        Sec. 112.  The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
    year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
    in such account at the close of that fiscal year may be made available
    to satisfy section 41742(a)(1) for the subsequent fiscal year.
        Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
        Sec. 114.  None of the funds appropriated or limited by this Act
    may be used to change weight restrictions or prior permission rules at
    Teterboro airport in Teterboro, New Jersey.
        Sec. 115.  None of the funds limited by this Act for grants under
    the Airport Improvement Program shall be made available to the sponsor
    of a commercial service airport if such sponsor fails to agree to a
    request from the Secretary of Transportation for cost-free space in a
    nonrevenue producing, public use area of the airport terminal or other
    airport facilities for the purpose of carrying out a public service air
    passenger rights and consumer outreach campaign.
        Sec. 116.  None of the funds in this Act shall be available for
    paying premium pay under subsection 5546(a) of title 5, United States
    Code, to any Federal Aviation Administration employee unless such
    employee actually performed work during the time corresponding to such
    premium pay.
        Sec. 117.  None of the funds in this Act may be obligated or
    expended for an employee of the Federal Aviation Administration to
    purchase a store gift card or gift certificate through use of a
    Government-issued credit card.
        Sec. 118.  The Secretary shall apportion to the sponsor of an
    airport that received scheduled or unscheduled air service from a large
    certified air carrier (as defined in part 241 of title 14 Code of
    Federal Regulations, or such other regulations as may be issued by the
    Secretary under the authority of section 41709) an amount equal to the
    minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
    determines that airport had more than 10,000 passenger boardings in the
    preceding calendar year, based on data submitted to the Secretary under
    part 241 of title 14, Code of Federal Regulations.
        Sec. 119.  None of the funds in this Act may be obligated or
    expended for retention bonuses for an employee of the Federal Aviation
    Administration without the prior written approval of the Deputy
    Assistant Secretary for Administration of the Department of
    Transportation.

                         Federal Highway Administration

                     limitation on administrative expenses

                         (including transfer of funds)

        Not to exceed $420,843,000, together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    paid in accordance with law from appropriations made available by this
    Act to the Federal Highway Administration for necessary expenses for
    administration and operation. In addition, not to exceed $3,300,000
    shall be paid from appropriations made available by this Act and
    transferred to the Appalachian Regional Commission in accordance with
    section 104 of title 23, United States Code.

                              federal-aid highways

                          (limitation on obligations)

                              (highway trust fund)

        None of the funds in this Act shall be available for the
    implementation or execution of programs, the obligations for which are
    in excess of $41,776,000,000 for Federal-aid highways and highway
    safety construction programs for fiscal year 2011: Provided, That
    within the $41,776,000,000 obligation limitation on Federal-aid
    highways and highway safety construction programs, not more than
    $429,800,000 shall be available for the implementation or execution of
    programs for transportation research (chapter 5 of title 23, United
    States Code; sections 111, 5505, and 5506 of title 49, United States
    Code; and title 5 of Public Law 109-59) for fiscal year 2011: Provided
    further, That this limitation on transportation research programs shall
    not apply to any authority previously made available for obligation:
    Provided further, That the Secretary may, as authorized by section
    605(b) of title 23, United States Code, collect and spend fees to cover
    the costs of services of expert firms, including counsel, in the field
    of municipal and project finance to assist in the underwriting and
    servicing of Federal credit instruments and all or a portion of the
    costs to the Federal Government of servicing such credit instruments:
    Provided further, That such fees are available until expended to pay
    for such costs: Provided further, That such amounts are in addition to
    administrative expenses that are also available for such purpose, and
    are not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

                    (liquidation of contract authorization)

                              (highway trust fund)

        For carrying out the provisions of title 23, United States Code,
    that are attributable to Federal-aid highways, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $42,515,000,000 or so much thereof as may be available
    in and derived from the Highway Trust Fund (other than the Mass Transit
    Account), to remain available until expended.

                      (rescission of unobligated balances)

                              (highway trust fund)

        Unobligated balances of funds made available for obligation under
    23 U.S.C. 320, section 147 of Public Law 95-599, section 9(c) of Public
    Law 97-134, section 149 of Public Law 100-17, and sections 1006, 1069,
    1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of Public Law
    102-240 are permanently rescinded. In addition, the unobligated balance
    available on September 30, 2011, under section 1602 of the
    Transportation Equity Act for the 21st Century (Public Law 105-178) for
    each project for which less than 10 percent of the amount authorized
    for such project under such section has been obligated is permanently
    rescinded. In addition, of the amounts authorized for fiscal years 2005
    through 2009 in section 1101(a)(16) of the Safe, Accountable, Flexible,
    Efficient Transportation Equity Act: A Legacy for Users (Public Law
    109-59) to carry out the high priority projects program under section
    117 of title 23, United States Code, that are not allocated for
    projects described in section 1702 of such Act, $8,190,335 are
    permanently rescinded.

                            planning capacity grants

        For activities eligible under sections 134 and 135 of title 23,
    United States Code, and sections 5303 and 5304 of title 49 of such
    Code, $100,000,000, to remain available through September 30, 2012:
    Provided, That the Secretary of Transportation shall distribute funds
    provided under this heading as discretionary grants to be awarded to a
    metropolitan planning organization, or to a State, local, tribal
    government, or agency thereof, on a competitive basis for activities
    that will improve surface transportation planning: Provided further,
    That not less than $25,000,000 of the funds provided under this heading
    shall be for grants that improve planning for rural areas: Provided
    further, That up to $12,000,000 of the funds provided under this
    heading may be for grants that improve public involvement in surface
    transportation planning: Provided further, That a grant funded under
    this heading shall be not greater than $5,000,000: Provided further,
    That the Federal share of the costs for which an expenditure is made
    under this heading shall be 80 percent: Provided further, That the
    Secretary may retain up to 1 percent of the funds provided under this
    section to fund the award and oversight of grants made under this
    heading: Provided further, That of the funds retained under the
    previous proviso, 50 percent shall be available to the Federal Highway
    Administration and 50 percent shall be transferred to the Federal
    Transit Administration.

           administrative provisions--federal highway administration

                            (including rescissions)

        Sec. 120. (a) For fiscal year 2011, the Secretary of Transportation
    shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways amounts authorized for administrative
            expenses and programs by section 104(a) of title 23, United
            States Code; programs funded from the administrative takedown
            authorized by section 104(a)(1) of title 23, United States Code
            (as in effect on the date before the date of enactment of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users); the highway use tax evasion program;
            and the Bureau of Transportation Statistics;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts made available from the Highway Trust Fund
            (other than the Mass Transit Account) for Federal-aid highways
            and highway safety programs for previous fiscal years the funds
            for which are allocated by the Secretary;
                (3) determine the ratio that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2), bears to
                        (B) the total of the sums authorized to be
                    appropriated for Federal-aid highways and highway
                    safety construction programs (other than sums
                    authorized to be appropriated for provisions of law
                    described in paragraphs (1) through (9) of subsection
                    (b) and sums authorized to be appropriated for section
                    105 of title 23, United States Code, equal to the
                    amount referred to in subsection (b)(10) for such
                    fiscal year), less the aggregate of the amounts not
                    distributed under paragraphs (1) and (2) of this
                    subsection;
                (4)(A) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
            the Safe, Accountable, Flexible, Efficient Transportation
            Equity Act: A Legacy for Users; sections 117 (but individually
            for each project numbered 1 through 3676 listed in the table
            contained in section 1702 of the Safe, Accountable, Flexible,
            Efficient Transportation Equity Act: A Legacy for Users) and
            section 144(g) of title 23, United States Code; and section
            14501 of title 40, United States Code, so that the amount of
            obligation authority available for each of such sections is
            equal to the amount determined by multiplying the ratio
            determined under paragraph (3) by the sums authorized to be
            appropriated for that section for the fiscal year; and
                (B) distribute $2,000,000,000 for section 105 of title 23,
            United States Code;
                (5) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not
            distributed under paragraphs (1) and (2) and amounts
            distributed under paragraph (4), for each of the programs that
            are allocated by the Secretary under the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users and title 23, United States Code (other than to programs
            to which paragraphs (1) and (4) apply), by multiplying the
            ratio determined under paragraph (3) by the amounts authorized
            to be appropriated for each such program for such fiscal year;
            and
                (6) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not
            distributed under paragraphs (1) and (2) and amounts
            distributed under paragraphs (4) and (5), for Federal-aid
            highways and highway safety construction programs (other than
            the amounts apportioned for the equity bonus program, but only
            to the extent that the amounts apportioned for the equity bonus
            program for the fiscal year are greater than $2,639,000,000,
            and the Appalachian development highway system program) that
            are apportioned by the Secretary under the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users and title 23, United States Code, in the ratio that--
                        (A) amounts authorized to be appropriated for such
                    programs that are apportioned to each State for such
                    fiscal year, bear to
                        (B) the total of the amounts authorized to be
                    appropriated for such programs that are apportioned to
                    all States for such fiscal year.
        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section
    147 of the Surface Transportation Assistance Act of 1978; (3) under
    section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
    (b) and (j) of section 131 of the Surface Transportation Assistance Act
    of 1982; (5) under subsections (b) and (c) of section 149 of the
    Surface Transportation and Uniform Relocation Assistance Act of 1987;
    (6) under sections 1103 through 1108 of the Intermodal Surface
    Transportation Efficiency Act of 1991; (7) under section 157 of title
    23, United States Code, as in effect on the day before the date of the
    enactment of the Transportation Equity Act for the 21st Century; (8)
    under section 105 of title 23, United States Code, as in effect for
    fiscal years 1998 through 2004, but only in an amount equal to
    $639,000,000 for each of those fiscal years; (9) for Federal-aid
    highway programs for which obligation authority was made available
    under the Transportation Equity Act for the 21st Century or subsequent
    public laws for multiple years or to remain available until used, but
    only to the extent that the obligation authority has not lapsed or been
    used; (10) under section 105 of title 23, United States Code, but only
    in an amount equal to $639,000,000 for each of fiscal years 2005
    through 2011; and (11) under section 1603 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users, to
    the extent that funds obligated in accordance with that section were
    not subject to a limitation on obligations at the time at which the
    funds were initially made available for obligation.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall, after August 1 of such fiscal
    year, revise a distribution of the obligation limitation made available
    under subsection (a) if the amount distributed cannot be obligated
    during that fiscal year and redistribute sufficient amounts to those
    States able to obligate amounts in addition to those previously
    distributed during that fiscal year, giving priority to those States
    having large unobligated balances of funds apportioned under sections
    104 and 144 of title 23, United States Code.
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, and title V (research title) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users, except that obligation authority made available for such
    programs under such limitation shall remain available for a period of 3
    fiscal years and shall be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and highway safety
    construction programs for future fiscal years.
        (e) Redistribution of Certain Authorized Funds.--
                (1) In general.--Not later than 30 days after the date of
            the distribution of obligation limitation under subsection (a),
            the Secretary shall distribute to the States any funds that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highways programs; and
                        (B) the Secretary determines will not be allocated
                    to the States, and will not be available for
                    obligation, in such fiscal year due to the imposition
                    of any obligation limitation for such fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same ratio as the distribution of obligation authority
            under subsection (a)(6).
                (3) Availability.--Funds distributed under paragraph (1)
            shall be available for any purposes described in section 133(b)
            of title 23, United States Code.
        (f) Special Limitation Characteristics.--Obligation limitation
    distributed for a fiscal year under subsection (a)(4) for the provision
    specified in subsection (a)(4) shall--
                (1) remain available until used for obligation of funds for
            that provision; and
                (2) be in addition to the amount of any limitation imposed
            on obligations for Federal-aid highway and highway safety
            construction programs for future fiscal years.
        (g) High Priority Project Flexibility.--
                (1) In general.--Subject to paragraph (2), obligation
            authority distributed for such fiscal year under subsection
            (a)(4) for each project numbered 1 through 3676 listed in the
            table contained in section 1702 of the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users may be obligated for any other project in such section in
            the same State.
                (2) Restoration.--Obligation authority used as described in
            paragraph (1) shall be restored to the original purpose on the
            date on which obligation authority is distributed under this
            section for the next fiscal year following obligation under
            paragraph (1).
        (h) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to limit the distribution of obligation authority
    under subsection (a)(4)(A) for each of the individual projects numbered
    greater than 3676 listed in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users.
        Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
    to the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 122.  Not less than 15 days prior to waiving, under his
    statutory authority, any Buy America requirement for Federal-aid
    highway projects, the Secretary of Transportation shall make an
    informal public notice and comment opportunity on the intent to issue
    such waiver and the reasons therefor: Provided, That the Secretary
    shall provide an annual report to the Appropriations Committees of the
    Congress on any waivers granted under the Buy America requirements.
        Sec. 123. (a) In General.--Except as provided in subsection (b),
    none of the funds made available, limited, or otherwise affected by
    this Act shall be used to approve or otherwise authorize the imposition
    of any toll on any segment of highway located on the Federal-aid system
    in the State of Texas that--
                (1) as of the date of enactment of this Act, is not tolled;
                (2) is constructed with Federal assistance provided under
            title 23, United States Code; and
                (3) is in actual operation as of the date of enactment of
            this Act.
        (b) Exceptions.--
                (1) Number of toll lanes.--Subsection (a) shall not apply
            to any segment of highway on the Federal-aid system described
            in that subsection that, as of the date on which a toll is
            imposed on the segment, will have the same number of nontoll
            lanes as were in existence prior to that date.
                (2) High-occupancy vehicle lanes.--A high-occupancy vehicle
            lane that is converted to a toll lane shall not be subject to
            this section, and shall not be considered to be a nontoll lane
            for purposes of determining whether a highway will have fewer
            nontoll lanes than prior to the date of imposition of the toll,
            if--
                        (A) high-occupancy vehicles occupied by the number
                    of passengers specified by the entity operating the
                    toll lane may use the toll lane without paying a toll,
                    unless otherwise specified by the appropriate county,
                    town, municipal or other local government entity, or
                    public toll road or transit authority; or
                        (B) each high-occupancy vehicle lane that was
                    converted to a toll lane was constructed as a temporary
                    lane to be replaced by a toll lane under a plan
                    approved by the appropriate county, town, municipal or
                    other local government entity, or public toll road or
                    transit authority.
        Sec. 124.  There is hereby appropriated to the Secretary of
    Transportation for the necessary expenses of certain highway and
    surface transportation projects, $226,860,000, to remain available
    until expended: Provided, That the amount provided by this section
    shall be made available for the programs, projects, and activities
    identified under this section in the Committee report accompanying this
    Act: Provided further, That funds provided by this section, at the
    request of a State, shall be transferred by the Secretary of
    Transportation to another Federal agency: Provided further, That the
    Federal share payable on account of any program, project, or activity
    carried out with funds provided under this section shall be 100
    percent: Provided further, That none of the funds set aside by this
    section shall be subject to any limitation on obligations for Federal-
    aid highways and highway safety construction programs set forth in this
    Act or any other Act.
        Sec. 125.  Of the unobligated balances made available under Public
    Law 101-516, Public Law 102-143, Public Law 103-331, and Public Law
    106-346, $33,905,809 are rescinded: Provided, That in administering the
    rescission required under this section, the Secretary of Transportation
    shall first consider: (1) projects where the designated purpose has
    been completed and the remaining funds are no longer needed to meet
    that purpose; and (2) projects with more than 90 percent of the
    appropriated amount remaining available for obligation.
        Sec. 126.  Of the amounts made available for ``Highway Related
    Safety Grants'' by section 402 of title 23, United States Code, and
    administered by the Federal Highway Administration, $3,651 in
    unobligated balances are rescinded.
        Sec. 127.  For the Capitol Street Renaissance Project
    transportation improvements, MS; the Interstate 55 Interchange
    Lighting, MS; the Jonestown Bypass, MS; and the Statesman Boulevard and
    Trail, MS; as listed under the heading Delta Region Transportation
    Development Program in the explanatory statement accompanying the
    Consolidated Appropriations Act, 2010 (Public Law 111-117), $901,018,
    to remain available until expended: Provided, That the amount provided
    under this section shall be distributed among the listed projects in
    proportion to the listed dollar amount of each such project so that
    each project so listed be funded at an amount not to exceed 93.5
    percent of the amount so authorized: Provided further, That the funds
    provided under this section shall be administered in the same manner as
    the funds authorized under section 1308 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users
    (Public Law 109-59): Provided further, That none of the funds provided
    under this section shall be subject to any limitation on obligations
    for Federal-aid highways and highway safety construction programs set
    forth in this Act or any other Act.

                  Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in the implementation,
    execution and administration of motor carrier safety operations and
    programs pursuant to section 31104(i) of title 49, United States Code,
    and sections 4127 and 4134 of Public Law 109-59, $252,553,000, to be
    derived from the Highway Trust Fund (other than the Mass Transit
    Account), together with advances and reimbursements received by the
    Federal Motor Carrier Safety Administration, the sum of which shall
    remain available until expended: Provided, That none of the funds
    derived from the Highway Trust Fund in this Act shall be available for
    the implementation, execution or administration of programs, the
    obligations for which are in excess of $252,553,000, for ``Motor
    Carrier Safety Operations and Programs'' of which $8,586,000, to remain
    available for obligation until September 30, 2013, is for the research
    and technology program and $1,000,000 shall be available for commercial
    motor vehicle operator's grants to carry out section 4134 of Public Law
    109-59: Provided further, That an additional $7,325,000 shall be
    appropriated from the Highway Trust Fund for the execution and
    administration of information management operations and programs:
    Provided further, That notwithstanding any other provision of law, none
    of the funds under this heading for outreach and education shall be
    available for transfer: Provided further, That the Federal Motor
    Carrier Safety Administration shall transmit to Congress a report on
    March 30, 2011, and September 30, 2011, on the agency's ability to meet
    its requirement to conduct compliance reviews on high-risk carriers.

                          motor carrier safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out sections 31102,
    31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
    Code, and sections 4126 and 4128 of Public Law 109-59, $310,070,000, to
    be derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended: Provided, That none of
    the funds in this Act shall be available for the implementation or
    execution of programs, the obligations for which are in excess of
    $310,070,000, for ``Motor Carrier Safety Grants''; of which
    $212,070,000 shall be available for the motor carrier safety assistance
    program to carry out sections 31102 and 31104(a) of title 49, United
    States Code; $25,000,000 shall be available for the commercial driver's
    license improvements program to carry out section 31313 of title 49,
    United States Code; $32,000,000 shall be available for the border
    enforcement grants program to carry out section 31107 of title 49,
    United States Code; $5,000,000 shall be available for the performance
    and registration information system management program to carry out
    sections 31106(b) and 31109 of title 49, United States Code;
    $25,000,000 shall be available for the commercial vehicle information
    systems and networks deployment program to carry out section 4126 of
    Public Law 109-59; $3,000,000 shall be available for the safety data
    improvement program to carry out section 4128 of Public Law 109-59; and
    $8,000,000 shall be available for the commercial driver's license
    information system modernization program to carry out section 31309(e)
    of title 49, United States Code: Provided further, That of the funds
    made available for the motor carrier safety assistance program,
    $32,000,000 shall be available for audits of new entrant motor
    carriers: Provided further, That of the amount made available under
    this heading for the commercial driver's license information system
    modernization program, $3,000,000 shall be made available for audits of
    new entrant motor carriers to carry out section 4107(b) of Public Law
    109-59, and 31104(a) of title 49, United States Code, and $5,000,000
    shall be made available for the commercial driver's license
    improvements program to carry out section 31313 of title 49, United
    States Code: Provided further, That $30,569,000 in unobligated balances
    are permanently rescinded.

                              motor carrier safety

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $7,330,000 in unobligated balances are permanently
    rescinded.

                     national motor carrier safety program

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $15,076,000 in unobligated balances are
    permanently rescinded.

     administrative provision--federal motor carrier safety administration

        Sec. 135.  Funds appropriated or limited in this Act shall be
    subject to the terms and conditions stipulated in section 350 of Public
    Law 107-87 and section 6901 of Public Law 110-28, including that the
    Secretary submit a report to the House and Senate Appropriations
    Committees annually on the safety and security of transportation into
    the United States by Mexico-domiciled motor carriers.

                 National Highway Traffic Safety Administration

                            operations and research

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under subtitle C of title X
    of Public Law 109-59 and chapter 301 and part C of subtitle VI of title
    49, United States Code, $163,177,000, of which $44,945,000 shall remain
    available through September 30, 2012: Provided, That none of the funds
    appropriated by this Act may be obligated or expended to plan,
    finalize, or implement any rulemaking to add to section 575.104 of
    title 49 of the Code of Federal Regulations any requirement pertaining
    to a grading standard that is different from the three grading
    standards (treadwear, traction, and temperature resistance) already in
    effect.

                            operations and research

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, $110,073,000 to be derived from the Highway Trust
    Fund (other than the Mass Transit Account) and to remain available
    until expended: Provided, That none of the funds in this Act shall be
    available for the planning or execution of programs the total
    obligations for which, in fiscal year 2011, are in excess of
    $110,073,000 for programs authorized under 23 U.S.C. 403: Provided
    further, That within the $110,073,000 obligation limitation for
    operations and research, $29,737,000 shall remain available until
    September 30, 2012 and shall be in addition to the amount of any
    limitation imposed on obligations for future years.

                            national driver register

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out chapter 303 of
    title 49, United States Code, $4,170,000, to be derived from the
    Highway Trust Fund (other than the Mass Transit Account) and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    total obligations for which, in fiscal year 2011, are in excess of
    $4,170,000 for the National Driver Register authorized under such
    chapter.

                     national driver register modernization

        For an additional amount for the ``National Driver Register''as
    authorized by chapter 303 of title 49, United States Code, $2,530,000,
    to remain available through September 30, 2012: Provided, That the
    funding made available under this heading shall be used to continue the
    modernization of the National Driver Register.

                         highway traffic safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
    2009, 2010, and 2011 of Public Law 109-59, to remain available until
    expended, $611,828,000 to be derived from the Highway Trust Fund (other
    than the Mass Transit Account): Provided, That none of the funds in
    this Act shall be available for the planning or execution of programs
    the total obligations for which, in fiscal year 2011, are in excess of
    $611,828,000 for programs authorized under 23 U.S.C. 402, 405, 406,
    408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
    Law 109-59, of which $235,000,000 shall be for ``Highway Safety
    Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
    Protection Incentive Grants'' under 23 U.S.C. 405; $110,000,000 shall
    be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such
    obligation limitation shall remain available until September 30, 2012
    in accordance with subsection (f) of such section 406 and shall be in
    addition to the amount of any limitation imposed on obligations for
    such grants for future fiscal years, of which up to $50,000,000 may be
    made available by the Secretary as grants to States that enact and
    enforce laws to prevent distracted driving; $34,500,000 shall be for
    ``State Traffic Safety Information System Improvements'' under 23
    U.S.C. 408; $139,000,000 shall be for ``Alcohol-Impaired Driving
    Countermeasures Incentive Grant Program'' under 23 U.S.C. 410;
    $25,328,000 shall be for ``Administrative Expenses'' under section
    2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High
    Visibility Enforcement Program'' under section 2009 of Public Law 109-
    59; $7,000,000 shall be for ``Motorcyclist Safety'' under section 2010
    of Public Law 109-59; and $7,000,000 shall be for ``Child Safety and
    Child Booster Seat Safety Incentive Grants'' under section 2011 of
    Public Law 109-59: Provided further, That of the funds made available
    for grants to States that enact and enforce laws to prevent distracted
    driving, up to $5,000,000 may be available for the development,
    production, and use of broadcast and print media advertising for
    distracted driving prevention: Provided further, That none of these
    funds shall be used for construction, rehabilitation, or remodeling
    costs, or for office furnishings and fixtures for State, local or
    private buildings or structures: Provided further, That not to exceed
    $500,000 of the funds made available for section 410 ``Alcohol-Impaired
    Driving Countermeasures Grants'' shall be available for technical
    assistance to the States: Provided further, That not to exceed $750,000
    of the funds made available for the ``High Visibility Enforcement
    Program'' shall be available for the evaluation required under section
    2009(f) of Public Law 109-59.

          administrative provisions--national highway traffic safety
                                 administration

                            (including rescissions)

        Sec. 140.  Notwithstanding any other provision of law or limitation
    on the use of funds made available under section 403 of title 23,
    United States Code, an additional $130,000 shall be made available to
    the National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
        Sec. 141.  The limitations on obligations for the programs of the
    National Highway Traffic Safety Administration set in this Act shall
    not apply to obligations for which obligation authority was made
    available in previous public laws for multiple years but only to the
    extent that the obligation authority has not lapsed or been used.
        Sec. 142.  Of the amounts available for the Consumer Assistance to
    Recycle and Save Program, $16,000,000 in unobligated balances are
    rescinded.
        Sec. 143.  Of the amounts made available under the heading
    ``National Driver Register (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $24,000 in unobligated balances are permanently
    rescinded.
        Sec. 144.  Of the amounts made available under the heading
    ``Highway Traffic Safety Grants (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $78,847,000 in unobligated balances are
    permanently rescinded.

                        Federal Railroad Administration

                             safety and operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $203,348,000, of which $8,380,000 shall remain
    available through September 30, 2012, and $24,913,000 shall remain
    available through September 30, 2015.

                       railroad research and development

        For necessary expenses for railroad research and development,
    $40,000,000, to remain available until expended.

                       railroad safety technology program

        For necessary expenses of carrying out section 20158 of title 49,
    United States Code, $75,000,000, to remain available until expended:
    Provided, That to be eligible for assistance under this heading, an
    entity need not have developed plans required under subsection
    20156(e)(2) of title 49, United States Code, and section 20157 of such
    title.

           railroad rehabilitation and improvement financing program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to
    section 512 of the Railroad Revitalization and Regulatory Reform Act of
    1976 (Public Law 94-210), as amended, in such amounts and at such times
    as may be necessary to pay any amounts required pursuant to the
    guarantee of the principal amount of obligations under sections 511
    through 513 of such Act, such authority to exist as long as any such
    guaranteed obligation is outstanding: Provided, That pursuant to
    section 502 of such Act, as amended, no new direct loans or loan
    guarantee commitments shall be made using Federal funds for the credit
    risk premium during fiscal year 2011.

        capital assistance for high speed rail corridors and intercity
                             passenger rail service

        To enable the Secretary of Transportation to make grants for high-
    speed rail projects as authorized under section 26106 of title 49,
    United States Code, capital investment grants to support intercity
    passenger rail service as authorized under section 24406 of title 49,
    United States Code, and congestion grants as authorized under section
    24105 of title 49, United States Code, and to enter into cooperative
    agreements for these purposes as authorized, $1,000,000,000, to remain
    available until expended: Provided, That up to $50,000,000 of funds
    provided under this paragraph are available to the Administrator of the
    Federal Railroad Administration to fund the award and oversight by the
    Administrator of grants and cooperative agreements for intercity and
    high-speed rail: Provided further, That up to $30,000,000 of the funds
    provided under this paragraph are available to the Administrator for
    the purposes of conducting research and demonstrating technologies
    supporting the development of high-speed rail in the United States,
    including the demonstration of next-generation rolling stock fleet
    technology and the implementation of the Rail Cooperative Research
    Program authorized by section 24910 of title 49, United States Code:
    Provided further, That the national rail plan shall include a map
    depicting all high-speed rail service envisioned in the plan and the
    estimated cost to complete that service: Provided further, That up to
    $50,000,000 of the funds provided under this paragraph may be used for
    planning activities that lead directly to the development of a
    passenger rail corridor investment plan consistent with the
    requirements established by the Administrator or a State rail plan
    consistent with chapter 227 of title 49, United States Code: Provided
    further, That the Secretary may retain a portion of the funds made
    available for planning activities under the previous proviso to
    facilitate the preparation of a service development plan and related
    environmental impact statement for high-speed corridors located in
    multiple States: Provided further, That not less than 85 percent of the
    funds provided under this heading shall be for cooperative agreements
    that lead to the development of entire segments or phases of intercity
    or high-speed rail corridors: Provided further, That at least 30 days
    prior to issuing a letter of intent or cooperative agreement pursuant
    to section 24402(f) of title 49, United States Code, for a major
    corridor development program, the Secretary shall provide to the House
    and Senate Committees on Appropriations written notification consisting
    of a business and public investment case for the proposed corridor
    program which shall include: a comprehensive analysis of the monetary
    and nonmonetary costs and benefits of the corridor development program;
    an assessment of ridership, passenger travel time reductions,
    congestion relief benefits, environmental benefits, economic benefits,
    and other public benefits; operating financial forecasts for the
    program; a full capital cost estimation for the entire project,
    including the amount, source and security of non-Federal funds to
    complete the project; a summary of the grants management plan and an
    evaluation of the grantee's ability to sustain the project: Provided
    further, That the Federal share payable of the costs for which a grant
    or cooperative agreements is made under this heading shall be
    determined in accordance with the provisions of Public Law 110-432,
    except that the local share of expenditures shall be no less than 10
    percent: Provided further, That in addition to the provisions of title
    49, United States Code, that apply to each of the individual programs
    funded under this heading, subsections 24402(a)(2), 24402(f), 24402(i),
    and 24403(a) and (c) of title 49, United States Code, shall also apply
    to the provision of funds provided under this heading: Provided
    further, That a project need not be in a State rail plan developed
    under chapter 227 of title 49, United States Code, to be eligible for
    assistance under this heading: Provided further, That recipients of
    grants under this paragraph shall conduct all procurement transactions
    using such grant funds in a manner that provides full and open
    competition, as determined by the Secretary, in compliance with
    existing labor agreements.

        operating grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for the operation of
    intercity passenger rail, as authorized by section 101 of the Passenger
    Rail Investment and Improvement Act of 2008 (division B of Public Law
    110-432), $563,000,000, to remain available until expended: Provided,
    That each grant request shall be accompanied by a detailed financial
    analysis, revenue projection, and capital expenditure projection
    justifying the Federal support to the Secretary's satisfaction:
    Provided further, That concurrent with the President's budget request
    for fiscal year 2012, the Corporation shall submit to the House and
    Senate Committees on Appropriations a budget request for fiscal year
    2012 in similar format and substance to those submitted by executive
    agencies of the Federal Government: Provided further, That the Amtrak
    Inspector General shall provide semiannual reports to the House and
    Senate Committees on Appropriations on the estimated savings accrued as
    a result of all operational reforms instituted by the Corporation and
    estimations of possible future savings: Provided further, That the
    budget, business plan and the 5-Year Financial Plan shall include
    annual information on the maintenance, refurbishment, replacement, and
    expansion for all Amtrak rolling stock consistent with the
    comprehensive fleet plan: Provided further, That the Corporation shall
    notify the House and Senate Committees on Appropriations 5 days before
    making public any changes to the Corporation's budget, business plan,
    5-Year Financial Plan, semiannual reports, or grant and legislative
    request, or any debt application.

      capital and debt service grants to the national railroad passenger
                                  corporation

        To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for capital investments as
    authorized by section 101(c) and 219(b) of the Passenger Rail
    Investment and Improvement Act of 2008 (division B of Public Law 110-
    432), $1,338,484,000, to remain available until expended, of which not
    to exceed $277,000,000 shall be for debt service obligations as
    authorized by section 102 of such Act: Provided, That after an initial
    distribution of up to $200,000,000, which shall be used by the
    Corporation as a working capital account, all remaining funds shall be
    provided to the Corporation only on a reimbursable basis: Provided
    further, That the Secretary may retain up to one-half of 1 percent of
    the funds provided under this heading to fund the costs of project
    management oversight of capital projects funded by grants provided
    under this heading, as authorized by subsection 101(d) of division B of
    Public Law 110-432: Provided further, That the Secretary shall approve
    funding for capital expenditures, including advance purchase orders of
    materials, for the Corporation only after receiving and reviewing a
    grant request for each specific capital project justifying the Federal
    support to the Secretary's satisfaction: Provided further, That none of
    the funds under this heading may be used to subsidize operating losses
    of the Corporation: Provided further, That none of the funds under this
    heading may be used for capital projects not approved by the Secretary
    of Transportation or on the Corporation's fiscal year 2011 business
    plan: Provided further, That of the funds provided under this heading,
    the Secretary may retain $2,000,000 to fund expenses associated with
    implementing section 212 of division B of Public Law 110-432, including
    the amendments made by section 212 to section 24905 of title 49, United
    States Code.

           administrative provisions--federal railroad administration

        Sec. 150.  Hereafter, notwithstanding any other provision of law,
    funds provided in this Act for the National Railroad Passenger
    Corporation shall immediately cease to be available to said Corporation
    in the event that the Corporation contracts to have services provided
    at or from any location outside the United States. For purposes of this
    section, the word ``services'' shall mean any service that was, as of
    July 1, 2006, performed by a full-time or part-time Amtrak employee
    whose base of employment is located within the United States.
        Sec. 151.  The Secretary of Transportation may receive and expend
    cash, or receive and utilize spare parts and similar items, from non-
    United States Government sources to repair damages to or replace United
    States Government owned automated track inspection cars and equipment
    as a result of third party liability for such damages, and any amounts
    collected under this section shall be credited directly to the Safety
    and Operations account of the Federal Railroad Administration, and
    shall remain available until expended for the repair, operation and
    maintenance of automated track inspection cars and equipment in
    connection with the automated track inspection program.

                         Federal Transit Administration

                            administrative expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $106,700,000: Provided, That for an additional amount to
    carry out public transportation fixed guideway safety oversight
    activities, $5,000,000, if legislation authorizing such activities is
    enacted into law prior to September 30, 2011: Provided further, That of
    the funds available under this heading, not to exceed $2,050,000 shall
    be available for travel: Provided further, That none of the funds
    provided or limited in this Act may be used to create a permanent
    office of transit security under this heading: Provided further, That
    upon submission to the Congress of the fiscal year 2012 President's
    budget, the Secretary of Transportation shall transmit to Congress the
    annual report on new starts, including proposed allocations of funds
    for fiscal year 2012.

                             formula and bus grants

                      (liquidation of contract authority)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320,
    5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
    amended, $9,200,000,000 to be derived from the Mass Transit Account of
    the Highway Trust Fund and to remain available until expended:
    Provided, That funds available for the implementation or execution of
    programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
    5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law
    105-178, as amended, shall not exceed total obligations of
    $8,360,565,000 in fiscal year 2011.

                              (highway trust fund)

                                  (rescission)

        Of the amounts authorized for fiscal year 2010 by section
    5338(b)(1) of title 49, United States Code, to carry out sections 5305,
    5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 of
    title 49, United States Code, and section 3038 of the Federal Transit
    Act of 1998 (112 Stat. 392), $17,394,000 are permanently rescinded.

                    research and university research centers

        For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
    5322, and 5506, $65,376,000, to remain available until expended:
    Provided, That $10,000,000 is available to carry out the transit
    cooperative research program under section 5313 of title 49, United
    States Code, $4,300,000 is available for the National Transit Institute
    under section 5315 of title 49, United States Code, and $7,000,000 is
    available for university transportation centers program under section
    5506 of title 49, United States Code: Provided further, That
    $44,076,000 is available to carry out national research programs under
    sections 5312, 5313, 5314, and 5322 of title 49, United States Code:
    Provided further, That of the funds available to carry out section 5312
    of title 49, United States Code, $5,000,000 shall be available to the
    Secretary to develop standards for asset management plans, provide
    technical assistance to recipients engaged in the development or
    implementation of an asset management plan, improve data collection
    through the National Transit Database, and conduct a pilot program
    designed to identify the best practices of asset management.

                           capital investment grants

        For necessary expenses to carry out section 5309 of title 49,
    United States Code, $1,850,000,000, to remain available until expended,
    of which no less than $200,000,000 is for section 5309(e) of such
    title.

                                  (rescission)

        Of the amounts appropriated for Capital Investment Grants in Public
    Law 111-117, $25,830,000 are rescinded.

           grants for energy efficiency and greenhouse gas reductions

        For grants to public transit agencies for capital investments that
    will reduce the energy consumption or greenhouse gas emissions of their
    public transportation systems, $65,000,000, to remain available through
    September 30, 2013: Provided, That priority shall be given to projects
    that use innovative and potentially replicable approaches to reducing
    energy consumption or greenhouse gas emissions: Provided further, That
    the Secretary shall publish criteria on which to base the competition
    for any grants awarded under this heading no sooner than 90 days after
    the enactment of this Act, require applications for funding provided
    under this heading to be submitted no sooner than 120 days after the
    publication of such criteria, and announce all projects selected to be
    funded from funds provided under this heading no sooner than September
    15, 2011.

                 washington metropolitan area transit authority

        For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of Public Law 110-432,
    $150,000,000, to remain available until expended: Provided, That the
    Secretary shall approve grants for capital and preventive maintenance
    expenditures for the Washington Metropolitan Area Transit Authority
    only after receiving and reviewing a request for each specific project:
    Provided further, That prior to approving such grants, the Secretary
    shall determine that the Washington Metropolitan Area Transit Authority
    has placed the highest priority on those investments that will improve
    the safety of the system.

           administrative provisions--federal transit administration

        Sec. 160.  The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under
    49 U.S.C. 5338, previously made available for obligation, or to any
    other authority previously made available for obligation.
        Sec. 161.  Notwithstanding any other provision of law, funds
    appropriated or limited by this Act under ``Federal Transit
    Administration, Capital Investment Grants'' and for bus and bus
    facilities under ``Federal Transit Administration, Formula and Bus
    Grants'' for projects specified in this Act or identified in reports
    accompanying this Act not obligated by September 30, 2013, and other
    recoveries, shall be directed to projects eligible to use the funds for
    the purposes for which they were originally provided.
        Sec. 162.  Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2010, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure,
    may be transferred to and administered under the most recent
    appropriation heading for any such section.
        Sec. 163.  Notwithstanding any other provision of law, unobligated
    funds made available for new fixed guideway system projects under the
    heading ``Federal Transit Administration, Capital investment grants''
    in any appropriations Act prior to this Act may be used during this
    fiscal year to satisfy expenses incurred for such projects.
        Sec. 164.  Notwithstanding any other provision of law, unobligated
    funds or recoveries under section 5309 of title 49, United States Code,
    that are available to the Secretary of Transportation for reallocation
    shall be directed to projects eligible to use the funds for the
    purposes for which they were originally provided.
        Sec. 165.  Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(6)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-
    related elements of such vessels and facilities, and for repair
    facilities: Provided, That not more than $4,000,000 of the funds made
    available pursuant to 49 U.S.C. 5309(m)(6)(B) may be used by the City
    and County of Honolulu to operate a passenger ferry boat service
    demonstration project to test the viability of different intra-island
    ferry boat routes and technologies.
        Sec. 166.  None of the funds provided or limited under this Act may
    be used to enforce regulations related to charter bus service under
    part 604 of title 49, Code of Federal Regulations, for any transit
    agency who during fiscal year 2008 was both initially granted a 60-day
    period to come into compliance with part 604, and then was subsequently
    granted an exception from said part.
        Sec. 167.  Notwithstanding any other provision of law, when
    evaluating the local share of the project authorized to be carried out
    under section 3043(c)(86) of Public Law 109-59 (119 Stat. 1644) the
    Secretary shall give consideration to all non-New Starts funds expended
    for engineering, final design and construction of the Farrington
    Highway Guideway, Stations, Maintenance Storage Facility and related
    elements advanced with 100 percent non-New Starts funds.

                 Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying
    out the programs set forth in the Corporation's budget for the current
    fiscal year.

                           operations and maintenance

                        (harbor maintenance trust fund)

        For necessary expenses for operations, maintenance, and capital
    asset renewal of those portions of the Saint Lawrence Seaway owned,
    operated, and maintained by the Saint Lawrence Seaway Development
    Corporation, $33,868,000, to be derived from the Harbor Maintenance
    Trust Fund, pursuant to Public Law 99-662.

                            Maritime Administration

                           maritime security program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States, $174,000,000, to remain available until expended.

                            operations and training

        For necessary expenses of operations and training activities
    authorized by law, $172,262,000, of which $11,240,000 shall remain
    available until expended for maintenance and repair of training ships
    at State Maritime Academies, and of which $30,900,000 shall remain
    available until expended for capital improvements at the United States
    Merchant Marine Academy, and of which $63,420,000 shall be available
    for operations at the United States Merchant Marine Academy, and of
    which $6,000,000 shall be available until expended for the Secretary's
    reimbursement of overcharged midshipmen fees for academic years 2003-
    2004 through 2008-2009 and such action shall be final and conclusive:
    Provided, That amounts apportioned for the United States Merchant
    Marine Academy shall be available only upon allotments made personally
    by the Secretary of Transportation or the Assistant Secretary for
    Budget and Programs: Provided further, That the Superintendent, Deputy
    Superintendent and the Director of the Office of Resource Management of
    the United States Merchant Marine Academy may not be allotment holders
    for the United States Merchant Marine Academy, and the Administrator of
    the Maritime Administration shall hold all allotments made by the
    Secretary of Transportation or the Assistant Secretary for Budget and
    Programs under the previous proviso: Provided further, That 50 percent
    of the funding made available for the United States Merchant Marine
    Academy under this heading shall be available only after the Secretary,
    in consultation with the Superintendent and the Maritime Administrator,
    completes a plan detailing by program or activity how such funding will
    be expended at the Academy, and this plan is submitted to the House and
    Senate Committees on Appropriations.

                                 ship disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $10,000,000, to remain available until expended.

              maritime guaranteed loan (title xi) program account

        For necessary administrative expenses of the maritime guaranteed
    loan program $4,000,000 shall be paid to the appropriation for
    ``Operations and Training'', Maritime Administration.

                         assistance to small shipyards

        To make grants to qualified shipyards as authorized under section
    3508 of Public Law 110-417 or section 54101 of title 46, United States
    Code, $15,000,000, to remain available until expended: Provided, That
    to be considered for assistance, a qualified shipyard shall submit an
    application for assistance no later than 60 days after enactment of
    this Act: Provided further, That from applications submitted under the
    previous proviso, the Secretary of Transportation shall make grants no
    later than 120 days after enactment of this Act in such amounts as the
    Secretary determines: Provided further, That not to exceed 2 percent of
    the funds appropriated under this heading shall be available for
    necessary costs of grant administration.

               administrative provision--maritime administration

        Sec. 175.  Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefor shall be credited to the
    appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.

             Pipeline and Hazardous Materials Safety Administration

                              operational expenses

                             (pipeline safety fund)

                         (including transfer of funds)

        For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $23,383,000, of which $639,000 shall
    be derived from the Pipeline Safety Fund: Provided, That $1,000,000
    shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline
    Safety Information Grants to Communities'' as authorized under section
    60130 of title 49, United States Code.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety
    Administration, $49,434,000, of which $6,497,000 shall remain available
    until September 30, 2013: Provided, That up to $800,000 in fees
    collected under 49 U.S.C. 5108(g) shall be deposited in the general
    fund of the Treasury as offsetting receipts: Provided further, That
    there may be credited to this appropriation, to be available until
    expended, funds received from States, counties, municipalities, other
    public authorities, and private sources for expenses incurred for
    training, for reports publication and dissemination, and for travel
    expenses incurred in performance of hazardous materials exemptions and
    approvals functions: Provided further, That in fiscal year 2012, the
    Administrator of the Pipeline and Hazardous Materials Safety
    Administration shall propose to collect a reasonable fee for expenses
    incurred for processing applications for, and ensuring compliance with
    the terms of, special permits and approvals issued under 49 U.S.C.
    5117.

                                pipeline safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the
    pipeline program responsibilities of the Oil Pollution Act of 1990,
    $111,111,000, of which $18,905,000 shall be derived from the Oil Spill
    Liability Trust Fund and shall remain available until September 30,
    2013; and of which $92,206,000 shall be derived from the Pipeline
    Safety Fund, of which $51,206,000 shall remain available until
    September 30, 2013: Provided, That not less than $1,053,000 of the
    funds provided under this heading shall be for the one-call State grant
    program.

                         emergency preparedness grants

                         (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2012: Provided, That not more than $28,318,000
    shall be made available for obligation in fiscal year 2011 from amounts
    made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
    That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
    5128(c) shall be made available for obligation by individuals other
    than the Secretary of Transportation, or his designee.

               Research and Innovative Technology Administration

                            research and development

        For necessary expenses of the Research and Innovative Technology
    Administration, $16,790,000, of which $9,655,000 shall remain available
    until September 30, 2013: Provided, That there may be credited to this
    appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $86,406,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading may be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                             salaries and expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $30,874,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2011, to
    result in a final appropriation from the general fund estimated at no
    more than $29,624,000.

                General Provisions--Department of Transportation

        Sec. 180.  During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 181.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
        Sec. 182.  None of the funds in this Act shall be available for
    salaries and expenses of more than 110 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 183.  None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 184. (a) No recipient of funds made available in this Act
    shall disseminate personal information (as defined in 18 U.S.C.
    2725(3)) obtained by a State department of motor vehicles in connection
    with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
    provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not
    withhold funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 185.  Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration
    from States, counties, municipalities, other public authorities, and
    private sources for expenses incurred for training may be credited
    respectively to the Federal Highway Administration's ``Federal-Aid
    Highways'' account, the Federal Transit Administration's ``Research and
    University Research Centers'' account, and to the Federal Railroad
    Administration's ``Safety and Operations'' account, except for State
    rail safety inspectors participating in training pursuant to 49 U.S.C.
    20105.
        Sec. 186.  Funds provided or limited in this Act under the
    appropriate accounts within the Federal Highway Administration, the
    Federal Railroad Administration and the Federal Transit Administration
    shall be for the eligible programs, projects and activities in the
    corresponding amounts identified in the explanatory statement
    accompanying this Act for ``Ferry Boats and Ferry Terminal
    Facilities'', ``Federal Lands'', ``Interstate Maintenance
    Discretionary'', ``Transportation, Community and System Preservation
    Program'', ``Delta Region Transportation Development Program'', ``Rail
    Line Relocation and Improvement Program'', ``Rail-highway crossing
    hazard eliminations'', ``Capital Investment Grants'', ``Alternatives
    analysis''', and ``Bus and bus facilities''.
        Sec. 187.  Notwithstanding any other provisions of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of
    an amount determined by the Secretary.
        Sec. 188.  None of the funds in this Act to the Department of
    Transportation may be used to make a grant unless the Secretary of
    Transportation notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any project
    competitively selected to receive a discretionary grant award, any
    discretionary grant award, letter of intent, or full funding grant
    agreement totaling $1,000,000 or more is announced by the department or
    its modal administrations from: (1) any discretionary grant program of
    the Federal Highway Administration including the emergency relief
    program; (2) the airport improvement program of the Federal Aviation
    Administration; (3) any grant from the Federal Railroad Administration;
    or (4) any program of the Federal Transit Administration other than the
    formula grants and fixed guideway modernization programs: Provided,
    That the Secretary gives concurrent notification to the House and
    Senate Committees on Appropriations for any ``quick release'' of funds
    from the emergency relief program: Provided further, That no
    notification shall involve funds that are not available for obligation.
    In addition, none of the funds in this Act to the Department of
    Transportation may be used to make a grant award unless the Secretary
    of Transportation notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any
    announcement of a project competitively selected to receive a
    discretionary grant award from a program with an annual budget equal to
    or exceeding $40,000,000.
        Sec. 189.  Rebates, refunds, incentive payments, minor fees and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations
    of the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 190.  Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third-party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
                (1) to reimburse the actual expenses incurred by the
            Department of Transportation in recovering improper payments;
            and
                (2) to pay contractors for services provided in recovering
            improper payments or contractor support in the implementation
            of the Improper Payments Information Act of 2002: Provided,
            That amounts in excess of that required for paragraphs (1) and
            (2)--
                        (A) shall be credited to and merged with the
                    appropriation from which the improper payments were
                    made, and shall be available for the purposes and
                    period for which such appropriations are available; or
                        (B) if no such appropriation remains available,
                    shall be deposited in the Treasury as miscellaneous
                    receipts: Provided further, That prior to the transfer
                    of any such recovery to an appropriations account, the
                    Secretary shall notify to the House and Senate
                    Committees on Appropriations of the amount and reasons
                    for such transfer: Provided further, That for purposes
                    of this section, the term ``improper payments'', has
                    the same meaning as that provided in section 2(d)(2) of
                    Public Law 107-300.
        Sec. 191.  Notwithstanding any other provision of law, if any funds
    provided in or limited by this Act are subject to a reprogramming
    action that requires notice to be provided to the House and Senate
    Committees on Appropriations, said reprogramming action shall be
    approved or denied solely by the Committees on Appropriations:
    Provided, That the Secretary may provide notice to other congressional
    committees of the action of the Committees on Appropriations on such
    reprogramming but not sooner than 30 days following the date on which
    the reprogramming action has been approved or denied by the House and
    Senate Committees on Appropriations.
        Sec. 192.  None of the funds appropriated or otherwise made
    available under this Act may be used by the Surface Transportation
    Board of the Department of Transportation to charge or collect any
    filing fee for rate or practice complaints filed with the Board in an
    amount in excess of the amount authorized for district court civil suit
    filing fees under section 1914 of title 28, United States Code.
        Sec. 193.  Notwithstanding section 3324 of title 31, United States
    Code, in addition to authority provided by section 327 of title 49,
    United States Code, the Department's Working Capital Fund is hereby
    authorized to provide payments in advance to vendors that are necessary
    to carry out the Federal transit pass transportation fringe benefit
    program under Executive Order 13150 and section 3049 of Public Law 109-
    59: Provided, That the Department shall include adequate safeguards in
    the contract with the vendors to ensure timely and high-quality
    performance under the contract.
        Sec. 194. (a) In the explanatory statement contained in House
    Report 106-940 accompanying Public Law 106-346 (114 Stat. 1356A), in
    the table of projects under the heading ``Capital Investments Grants'',
    the item relating to ``Lowell, Massachusetts-Nashua, New Hampshire
    Commuter Rail Project'' is deemed to be amended by inserting ``and
    Manchester'' after ``Nashua''.
        (b) Notwithstanding any other provision of law, funds made
    available under the Federal Transit Administration Capital Investment
    Grants Account in fiscal year 2008 (Public Law 110-161) for METRA
    Connects Southeast Service, Illinois, METRA Star Line, Illinois, METRA
    Union Pacific Northwest Line, Illinois, METRA Union Pacific West Line,
    Illinois and funds made available in fiscal year 2009 (Public Law 111-
    8) for METRA, Illinois, shall be made available until September 30,
    2011.
        (c) Of the $1,000,000 appropriated under the heading ``General
    Provisions'' in Public Law 108-7 for Juneau Heliport, Alaska, the
    unobligated balance shall be available for improvements to bridges
    owned by the City and Borough of Juneau, Alaska.
        (d) Notwithstanding any other provision of law, funds made
    available in Public Law 111-8 for ``Phase 3 Rail Rehabilitation in
    Redwood Falls, MN'' shall be available for obligation and expenditure
    for ``Minnesota Valley Regional Rail Authority, MN.''
        (e) Funds made available for the City of Las Vegas, NV ``Bonneville
    Clark Couplet'' through Department of Transportation Appropriations
    Acts for fiscal year 2009 (Public Law 111-8) and fiscal year 2010
    (Public Law 111-17) that remain unobligated or unexpended shall be made
    available to the ``Decatur Boulevard/Charleston Boulevard Intersection
    Improvements'' in Las Vegas, Nevada.
        (f) In the explanatory statement referenced in section 186 of
    division K of Public Law 110-161, the item relating to ``Walton
    Boulevard Bridge widening, MI'' is deemed to be amended by striking
    ``Walton Boulevard Bridge widening, MI'' and inserting ``Avon Road
    Bridge and Livernois Road Bridge Reconstruction, MI''.
        (g) Notwithstanding any other provision of law, the amounts made
    available for the Interstate 579 Cap-Urban Green Space and Park Plaza,
    Pittsburgh, Pennsylvania, by the explanatory statement accompanying the
    Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
    3034), shall be used for projects for street, traffic flow, pedestrian,
    and streetscape improvements in Pittsburgh, Pennsylvania.
        (h) The explanatory statement referenced in section 186 of title I
    of division A of Public Law 111-117 for ``Alternative analysis'' under
    ``Federal Transit Administration--Formula and Bus Grants'' is deemed to
    be amended by striking ``Hudson-Bergen MOS-2 Northern NJ'' and
    inserting ``Hudson-Bergen Light Rail Extension Route 440, Jersey City,
    NJ.''
        (i) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8, the item relating to
    ``Starkweather Creek Parkway Bike Path, WI'' in the table of projects
    under the heading ``Transportation, Community, and System Preservation
    Program'' is deemed to be amended by striking ``Starkweather Creek
    Parkway Bike Path, WI'' and inserting ``Military Ridge Trail/Cannonball
    Path multi-purpose bike and pedestrian bridge, WI''.
        (j) Public Law 111-8 is amended by striking ``Construct On/Off
    Ramps Connecting I-20 to Cotton Flat Road'' and inserting ``Make
    Improvements to the I-20/250 Loop Interchange Project''.
        (k) The Secretary of Transportation shall not reallocate capital
    investment funds made available for the I-69 HOV/BRT, Mississippi,
    project and section 5309 bus funds made available to the LOU Public
    Transit System, Oxford, MS, in Public Law 110-161 and the accompanying
    explanatory statement.
        (l) Amounts provided for Provo Orem Bus Rapid Transit, in Public
    Law 110-161 shall not be reallocated and shall be made available for
    Provo Orem Bus Rapid Transit and intermodal terminals.
        (m) Funding provided for ``Pierce Transit Peninsula Park & Ride,
    WA'' under Bus and Bus Facilities in Public Law 110-161 shall be made
    available for ``Pierce Transit Vehicle Replacement''.
        (n) The explanatory statement accompanying the Fiscal Year 2003
    Consolidated Appropriations Act shall be deemed to be amended by
    striking ``Ways to Work--EPIC Yakima'' and inserting ``Ways to Work,
    Metropolitan Family Service, SW Washington''.
        (o) The explanatory statement accompanying the Fiscal Year 2004
    Consolidated Appropriations Act shall be deemed to be amended by
    striking ``Ellensburg Interchange I-90, Milepost 108.31, Washington''
    and inserting ``I-90 Ellensburg vicinity--US 97 and local roadway
    improvements''.
        (p) The explanatory statement accompanying the Fiscal Year 2004
    Consolidated Appropriations Act shall be deemed to be amended by
    striking ``SR 31, All Weather Roadway Construction and Widening, Pend
    Oreille County, Washington'' and inserting ``SR 31 Corridor
    Improvements and local transportation projects (Pend Oreille County)''.
        (q) Notwithstanding any other provision of law, the funding made
    available for the Schuylkill Valley Metro project through the
    Department of Transportation Appropriations Acts for Federal Fiscal
    Year 2007, 2008 and 2009 shall remain available for that project during
    Federal fiscal years 2010 and 2011.
        (r) Notwithstanding any other provision of law, the $10,976,000
    appropriated for the CORRIDORone Regional Rail Project in Pennsylvania
    under the Capital Investment Grants account in division K of the
    Consolidated Appropriations Act, 2008 (Public Law 110-161) shall be
    available for obligation until September 30, 2011.
        (s) Notwithstanding any other provision of law, of the $2,500,000
    appropriated for the Alle-Kiski Connector Bridge in Department of
    Transportation Appropriations Act, 2005, Public Law 108-447, $2,100,000
    shall be available for right of way, design, and construction
    activities for the Hulton Bridge in Oakmont, Pennsylvania and $400,000
    shall be available for a feasibility study for construction of the
    Alle-Kiski Connector Bridge.
        (t) Notwithstanding any other provision of law, the funding made
    available for the Franklin Street Station Restoration (BARTA) through
    the Department of Transportation Appropriations Act of Federal Fiscal
    Year 2008 shall remain available for that project during Federal fiscal
    year 2011.
        (u) Funds provided for ``I-85 NB Viaduct at SR 400 NB--Exit Lane,
    GA'' in Public Law 111-8 shall be made available for ``I-285/Ashford
    Dunwoody Interchange Reconstruction''.
        (v) In the explanatory statement referenced in section 186 of title
    I of division A of Public Law 111-117 (123 Stat. 3070), the item
    relating to ``Chalk Bluff Road, Clay County, AR'' in the table of
    projects under the heading ``Delta Region Transportation Development
    Program'' is deemed to be amended by striking ``Chalk Bluff Road, Clay
    County, AR'' and inserting ``Cabot North Interchange, AR''.
        (w) In the explanatory statement referenced in section 186 of title
    I of division A of Public Law 111-117 (123 Stat. 3070), the item
    relating to ``I-480/Tiedeman Road Interchange Modification, OH'' in the
    table of projects under the heading ``Interstate Maintenance
    Discretionary'' is deemed to be amended by striking ``I-480/Tiedeman
    Road Interchange Modification, OH'' and inserting ``Construction and
    upgrades at four grade crossings in Olmsted Falls, OH''.
        (x) Funds made available for ``Construction of the I-278
    Environmental Shield, Queens, NY'' under the heading ``Surface
    transportation priorities'' in title I of division A of Public Law 111-
    117 (123 Stat. 3044) shall be made available for ``Reconstruction and
    reconfiguration of the northbound off-ramp from Interstate 95 to
    Bartow/Baychester Avenue, Bronx, NY''.
        (y) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Newton County Rails to Trails By-Pass Tunnel, GA'' in the table of
    projects under the heading ``Transportation, Community, and System
    Preservation Program'' is deemed to be amended by striking ``Newton
    County Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton
    County Eastside High School to County Library Trail, GA''.
        (z) The amount authorized for the project entitled ``New I-25
    Interchange near m.p. 217, NM'' described on page 164 of the statement
    of the managers (H. Rept. 109-307) accompanying the Transportation,
    Treasury, Housing and Urban Development, the Judiciary, the District of
    Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law
    109-115), and related administrative funding, may be used to provide
    for an interchange on I-25 to provide access to Mesa del Sol, New
    Mexico.
        (aa) The amount authorized for the project entitled ``Paseo del
    Volcan I-40 Interchange, NM'' described on page 165 of the statement of
    the managers (H. Rept. 109-307) accompanying the Transportation,
    Treasury, Housing and Urban Development, the Judiciary, the District of
    Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law
    109-115), and related administrative funding, may be used to provide
    for I-40 improvements in Bernalillo County, New Mexico.
        (bb) The explanatory statement accompanying Public Law 108-447 is
    deemed to be amended by striking ``SR509/SR518 Interchange/Intersection
    Redevelopment Burien, Washington'' and inserting: ``SR518 Interchange/
    Intersection Redevelopment (Burien), Washington''.
        (cc) Funds made available for ``West Haven Intermodal Station, CT''
    through title IV of division K of Public Law 110-161 (121 Stat. 1844)
    and for the ``West Haven Rail Passenger Station, CT'' through title I
    of division A of Public Law 111-117 (123 Stat. 3034) shall be made
    available for bus projects eligible under section 5309(b)(3) of title
    49, United States Code, and improvements to the surface transportation
    corridors in the City of West Haven, CT, including streetscapes and
    pedestrian walkways.
        (dd) The explanatory statement accompanying the Fiscal Year 2010
    Consolidated Appropriations Act shall be deemed to be amended by
    striking ``Highway and Bridge improvements CR97, Nicolls Road Highway
    Improvements'' and inserting ``Highway and bridge improvements to CR
    46, William Floyd Parkway in the vicinity of Narrows Bay Bridge''.
        (ee) Funds made available for ``Empire Corridor West High Speed
    Rail Improvements, Monroe County, NY'' under the heading ``Surface
    transportation priorities'' in title I of division A of Public Law 111-
    117 (123 Stat. 3044) shall be made available for ``Rochester Intermodal
    Transportation Center, NY''.
        (ff) Any unobligated balance appropriated under the heading
    ``Highway Demonstration Projects'' in title I of Public Law 102-143
    (105 Stat. 929) and made available for the Delaware Street Bridge
    Replacement Project, (CR640) Bridge over Mathews Branch in West
    Deptford Township, New Jersey by section 191(d) of Division K of Public
    Law 110-161, shall be made available for Resurfacing and Safety
    Improvements to CR 553 (Buck Road) in Franklin and Elk Townships in
    Gloucester County, New Jersey.
        (gg) The explanatory statement accompanying Public Law 111-8 shall
    be deemed to be amended by striking ``Rich Passage Wake Impact Study,
    WA'' and inserting ``Rich Passage Wake Impact Study, including: wake
    impact shore monitoring and Prototype Field Operations Testing,
    including: live load passenger service''.
        (hh) The explanatory statement accompanying Public Law 111-117
    shall be deemed to be amended by striking ``Northstar Phase II--
    Extension of Northstar Commuter Rail to the St. Cloud Area, MN'' and
    inserting ``Northstar Commuter Rail Station in Ramsey, Minnesota''.
        Sec. 195. (a) Section 3044(a) of Public Law 109-59 is amended--
                (1) By striking the project description in item 422 and
            inserting, ``Anchorage People Mover transit needs, Anchorage,
            AK.''
                (2) By striking the project description in item 160 and
            inserting, ``Nebraska Statewide Vehicles, Facilities and
            Related Equipment''.
                (3) By striking the project description in item 586 and
            inserting, ``Nebraska Department of Roads--Statewide Vehicles,
            Facilities and Related Equipment''.
        (b) All amounts made available in item 422 of section 3044(a) of
    Public Law 109-59 which have not been obligated by September 30, 2010
    shall remain available for obligation until September 30, 2011.
        (c) Section 3046(a)(22) of Public Law 109-59 is amended--
                (1) In the paragraph heading, by striking ``fuel cell-
            powered bus'' and inserting ``hydrogen-powered transit''; and
                (2) By striking ``Fuel Cell-Powered Bus'' and inserting
            ``Hydrogen-Powered Transit''.
        (d) Notwithstanding any other provision of law, the Secretary of
    Transportation shall not reallocate any funding made available for item
    22 of section 3046 of Public Law 109-59.
        (e) In section 1702 of Public Law 109-59, Project Authorizations,
    under item No. 400, strike the existing text under Project Description
    and insert in lieu thereof ``Road, sidewalk, and drainage construction
    and improvements, City of Unalaska.''
        (f) The table contained in section 1702 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users (119
    Stat 1256) is amended in item 1399 by striking the project description
    and inserting ``I-40 Frontage Road Reconstruction in the City of
    Gallup''.
        (g) The table contained in section 1702 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users (119
    Stat. 1256) is amended in item 54 by striking the project description
    and inserting ``Study of a direct link to I-80 and Iowa Highway 92, in
    proximity to Pella''.
        (h) The table contained in section 1934(c) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users (119 Stat. 1485) is amended in item 105 by striking the
    project description and inserting ``Study of a direct link to I-80 and
    Iowa Highway 92, in proximity to Pella''.
        (i) Amounts made available for the Cuming Street Transportation
    Improvement Project in items 4497 and 4506 of section 1702 of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users (Public Law 109-59) and in item 276 of section 1934(c) of
    such Act may be expended for--
                (1) lighting, landscaping, and pedestrian enhancements on
            Cuming Street from 16th Street to 30th Street and on Burt
            Street from 31st Street to Florence Boulevard, including burial
            of certain over head utilities;
                (2) pedestrian safety improvements on 24th Street from
            Cuming Street to Davenport Street, including the incorporation
            of traffic circles at Cass Street and Davenport Street and
            adjacent lighting, landscaping, and safety enhancements; and
                (3) the reconfiguration of the Dodge Street/Douglas Street
            transition curve in conjunction with 30th Street.
        (j) Section 1702 of the SAFETEA-LU: A Legacy for Users (Public Law
    109-59, 119 Stat. 114, 1278; Public Law 110-244, 122 Stat. 1571, 1579)
    is amended by striking the project description in item 576 and
    inserting ``Design, right-of-way acquisition and construction of
    Nebraska Highway 35 between Norfolk and South Sioux City and for
    design, right-of-way acquisition and construction of an interchange
    east of Dakota Avenue on I-129.''
        (k) Section 1702 of the SAFETEA-LU: A Legacy for Users (Public Law
    109-59, 199 Stat. 1144, 1429; Public Law 110-224, 122 Stat. 1571, 1595)
    is amended by striking the project description in item 4507 and
    inserting ``Design, right-of-way acquisition and construction of
    Nebraska Highway 35 between Norfolk and south Sioux City and for
    design, right-of-way acquisition and construction of an interchange
    east of Dakota Avenue on I-129''.
        (l) In Public Law 109-59, the table contained in section 1702 of
    the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (119 Stat. 1256) is amended in item number 2406 (119
    Stat. 1350) by striking ``in Fort Worth'' in the project description
    and inserting ``, or construct SH 199 (Henderson St.) through the
    Trinity Uptown Project between the West Fork and Clear Fork of the
    Trinity River, in Fort Worth''.
        (m)(1) The project description in item 3730 under section 1702 of
    the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (Public Law 109-59, 119 Stat. 1400) is amended by
    adding at the end the following: ``(to include the Montgomery Outer
    Loop)''.
        (n) The project description in item 16 under section 1934(c) of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (Public Law 109-59, 119 Stat. 1486) is amended by
    adding at the end the following: ``(to include the Montgomery Outer
    Loop)''.
        (o) The SAFETEA-LU (Public Law 109-59) is amended--
                (1) in section 1702--
                        (A) by striking project number 4892 (119 Stat.
                    1443); and
                        (B) in project number 4924 (119 Stat. 444), by
                    striking the project amount and inserting
                    ``$6,149,733.82''; and
                (2) in section 1934--
                        (A) by striking project number 374 (119 Stat.
                    1505); and
                        (B) in project number 382 (119 Stat. 1505), by
                    striking the project amount and inserting
                    ``$20,446,640''.
        (p) Item 3557 of section 1702 of Public Law 109-59 is amended by
    striking ``Improve Mill Plain Blvd between SE 172nd and SE 192nd in
    Vancouver'' and inserting ``Extend 18th Street between 87th Avenue and
    NE 192nd Avenue in Vancouver''.
        (q) Item 744 of section 1702 of Public Law 109-59 is amended by
    striking ``Widen I-5 through Lewis County'' and inserting ``I-5
    Frontage Road and I-5 Interchange Improvements in Lewis County''.
        (r) Item 2827 of section 1702 of Public Law 109-59 is amended by
    striking ``Construct SR 9 Pedestrian Overpass in Arlington'' and
    inserting ``State Route 9/Crown Ridge Blvd. Improvements''.
        (s) Item 249 of section 1702 of Public Law 109-59 is amended by
    striking ``Complete preliminary engineering and environmental analysis
    for SR14 through Camas and Washougal'' and inserting ``Complete
    preliminary engineering, environmental and construction for SR 14
    through Camas and Washougal''.
        (t) The table contained in section 1702 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users (119
    Stat. 1256) is amended--
                (1) in item number 1366, by striking the project
            description and inserting ``Road and bridge improvements and
            storm water mitigation in the Town of Southampton''; and
                (2) in item number 2252 by striking the project description
            and inserting ``Operational safety studies, final design and/or
            construction of intersection operational and safety
            improvements for USH 53 between Rice Lake and Superior,
            Wisconsin''.
        (u) The table contained in section 1602 of the Transportation
    Equity Act for the 21st Century (112 Stat. 257) is amended--
                (1) in item number 414 by striking the project description
            and inserting ``Engineering, design and construction of the
            North Street, Pittsfield, streetscaping project''; and
                (2) in item number 815 by striking the project description
            and inserting `` Highway 10 relocation, City of Wadena''.
        (v) The table contained in section 1702 of the SAFETEA-LU (Public
    Law 109-59) is amended--
                (1) In item number 598 (119 Stat. 1279) by striking the
            project description and inserting ``Construction to provide
            access to Mesa del Sol in Albuquerque''.
                (2) In item number 291 (119 Stat. 1267) by striking the
            project description and inserting ``Development of Paseo del
            Volcan corridor in Sandoval County''.
                (3) In item number 4546 (119 Stat. 1430) by striking the
            project description and inserting ``I-40 improvements,
            Bernalillo County''.
                (4) In item number 4549 (119 Stat. 1430) by striking the
            project description and inserting ``Paseo de Volcan in Rio
            Rancho''.
                (5) In items 371 and 4340, by striking ``Allen Road under
            the CN Railroad Grade Separation, Woodhaven'' and inserting
            ``Allen and Van Horn Roads, Woodhaven''.
        Sec. 196.  The Secretary shall continue an independent and
    comprehensive study and analysis to supplement that authorized under
    section 108, division C, of Public Law 111-8: Provided, That additional
    funding will help to engage stakeholders and Federal partners by
    creating a multi-agency task force funded to formulate DOT's
    coordination with the Departments of Energy, Commerce and Agriculture
    to ensure a comprehensive understanding of the full value of river flow
    support to users in the Mississippi and Missouri Rivers: Provided
    further, That subjects of analysis shall include energy (including
    hydropower and generation cooling), and water transport (including
    water-compelled rates, projected total transportation congestion
    considerations, transportation energy efficiency, air quality and
    carbon emissions) and water users (including the number and
    distribution of people, households, municipalities, and business
    throughout the Missouri and Mississippi River basins who use river
    water for multiple purposes): Provided further, That in addition to
    understanding current value, the Department is directed to work with
    appropriate Federal partners to develop recommendations on how to
    minimize impediments to growth and maximize water value of benefits
    related to energy production and efficiency, congestion relief, trade
    and transport efficiency, and air quality: Provided further, That the
    Department of Transportation shall provide its analysis and
    recommendations to the U.S. Army Corps of Engineers, the White House,
    and the Congress no later than January 2012: Provided further, That
    $2,000,000 is available until expended for such purposes.
        Sec. 197.  Section 194 of Public Law 111-117 is amended--
                (1) in subsection (b) by striking ``1-year'' and inserting
            ``2-year'';
                (2) in subsection (c) by striking ``366'' and inserting
            ``731'';
                (3) in subsection (d) by striking ``Interstate Routes 89,
            91, and 93'' and inserting ``all portions of the Interstate
            System'';
                (4) in subsection (e) by striking ``1-year'' and inserting
            ``2-year'';
                (5) in subsection (f) by striking ``366'' and inserting
            ``731''; and
                (6) in subsection (g) by--
                        (A) striking ``on the Vermont Pilot Program'';
                        (B) striking ``2 years'' and inserting ``3 years'';
                        (C) striking ``pilot program under this paragraph''
                    and inserting ``pilot programs under this section'';
                    and
                        (D) striking ``State of Vermont'' and inserting
                    ``States of Maine and Vermont''.
        This title may be cited as the Department of Transportation
    Appropriations Act, 2011.

                                    TITLE II

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                         Management and Administration

                              executive direction

        For necessary salaries and expenses for Executive Direction,
    $28,310,000, of which not to exceed $7,464,000 shall be available for
    the immediate Office of the Secretary and Deputy Secretary; not to
    exceed $1,706,000 shall be available for the Office of Hearings and
    Appeals; not to exceed $719,000 shall be available for the Office of
    Small and Disadvantaged Business Utilization; not to exceed $839,000
    shall be available for the immediate Office of the Chief Financial
    Officer; not to exceed $1,395,500 shall be available for the immediate
    Office of the General Counsel; not to exceed $2,709,000 shall be
    available to the Office of the Assistant Secretary for Congressional
    and Intergovernmental Relations; not to exceed $4,691,000 shall be
    available for the Office of the Assistant Secretary for Public Affairs;
    not to exceed $1,843,000 shall be available to the Office of the
    Assistant Secretary for Public and Indian Housing; not to exceed
    $1,487,500 shall be available to the Office of the Assistant Secretary
    for Community Planning and Development; not to exceed $3,015,000 shall
    be available to the Office of the Assistant Secretary for Housing,
    Federal Housing Commissioner; not to exceed $992,000 shall be available
    to the Office of the Assistant Secretary for Policy Development and
    Research; and not to exceed $700,000 shall be available to the Office
    of the Assistant Secretary for Fair Housing and Equal Opportunity; and
    not to exceed $749,000 shall be available to the Office of the Chief
    Operating Officer: Provided, That the Secretary of the Department of
    Housing and Urban Development is authorized to transfer funds
    appropriated for any office funded under this heading to any other
    office funded under this heading following the written notification to
    the House and Senate Committees on Appropriations: Provided further,
    That the Secretary shall provide the Committees on Appropriations
    quarterly written notification regarding the status of pending
    congressional reports: Provided further, That the Secretary shall
    provide all signed reports required by Congress electronically:
    Provided further, That not to exceed $25,000 of the amount made
    available under this paragraph for the immediate Office of the
    Secretary shall be available for official reception and representation
    expenses as the Secretary may determine: Provided further, That the
    Secretary shall notify the Committees on Appropriations one month
    before any of the funds made available under this heading may be used
    for international travel.

                   administration, operations and management

        For necessary salaries and expenses for administration, operations
    and management for the Department of Housing and Urban Development,
    $525,040,000, of which not to exceed $65,449,000 shall be available for
    the personnel compensation and benefits of the Office of the Chief
    Human Capital Officer; not to exceed $9,122,000 shall be available for
    the personnel compensation and benefits of the Office of Departmental
    Operations and Coordination; not to exceed $48,465,000 shall be
    available for the personnel compensation and benefits of the Office of
    Field Policy and Management; not to exceed $15,932,000 shall be
    available for the personnel compensation and benefits of the Office of
    the Chief Procurement Officer; not to exceed $33,597,000 shall be
    available for the personnel compensation and benefits of the remaining
    staff in the Office of the Chief Financial Officer; not to exceed
    $86,482,000 shall be available for the personnel compensation and
    benefits of the remaining staff in the Office of the General Counsel;
    not to exceed $3,115,000 shall be available for the personnel
    compensation and benefits of the Office of Departmental Equal
    Employment Opportunity; not to exceed $1,171,000 shall be available for
    the personnel compensation and benefits for the Center for Faith-Based
    and Community Initiatives; not to exceed $2,237,000 shall be available
    for the personnel compensation and benefits for the Office of
    Sustainability; not to exceed $3,695,000 shall be available for the
    personnel compensation and benefits for the Office of Strategic
    Planning and Management; not to exceed $4,375,000 shall be available
    for the personnel compensation and benefits for the Office of the Chief
    Disaster and Emergency Management Officer; and not to exceed
    $251,400,000 shall be available for nonpersonnel expenses of the
    Department of Housing and Urban Development: Provided, That, funds
    provided under this heading may be used for necessary administrative
    and nonadministrative expenses of the Department of Housing and Urban
    Development, not otherwise provided for, including purchase of
    uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    hire of passenger motor vehicles; services as authorized by 5 U.S.C.
    3109: Provided further, That notwithstanding any other provision of
    law, funds appropriated under this heading may be used for advertising
    and promotional activities that support the housing mission area:
    Provided further, That the Secretary shall notify the Committees on
    Appropriations one month before any of the funds made available under
    this heading may be used for international travel.

                      Personnel Compensation and Benefits

                           public and indian housing

        For necessary personnel compensation and benefits expenses of the
    Office of Public and Indian Housing, $194,889,000.

                       community planning and development

        For necessary personnel compensation and benefits expenses of the
    Office of Community Planning and Development mission area,
    $104,656,000.

                                    housing

        For necessary personnel compensation and benefits expenses of the
    Office of Housing, $390,885,000.

             office of the government national mortgage association

        For necessary personnel compensation and benefits expenses of the
    Office of the Government National Mortgage Association, $14,000,000, to
    be derived from the GNMA guarantees of mortgage backed securities
    guaranteed loan receipt account.

                        policy development and research

        For necessary personnel compensation and benefits expenses of the
    Office of Policy Development and Research, $21,138,000.

                       fair housing and equal opportunity

        For necessary personnel compensation and benefits expenses of the
    Office of Fair Housing and Equal Opportunity, $70,363,000.

                office of healthy homes and lead hazard control

        For necessary personnel compensation and benefits expenses of the
    Office of Healthy Homes and Lead Hazard Control, $7,151,000.

                           Public and Indian Housing

                         tenant-based rental assistance

                         (including transfer of funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $15,298,997,653, to remain available until
    expended, shall be available on October 1, 2010 (in addition to the
    $4,000,000,000 previously appropriated under this heading that will
    become available on October 1, 2010), and $4,000,000,000, to remain
    available until expended, shall be available on October 1, 2011:
    Provided, That of the amounts made available under this heading are
    provided as follows:
                (1) $16,993,997,653 shall be available for renewals of
            expiring section 8 tenant-based annual contributions contracts
            (including renewals of enhanced vouchers under any provision of
            law authorizing such assistance under section 8(t) of the Act)
            and including renewal of other special purpose vouchers
            initially funded in fiscal years 2008, 2009 and 2010 (such as
            Family Unification, Veterans Affairs Supportive Housing
            Vouchers and Non-elderly Disabled Vouchers): Provided, That
            notwithstanding any other provision of law, from amounts
            provided under this paragraph and any carryover, the Secretary
            for the calendar year 2011 funding cycle shall provide renewal
            funding for each public housing agency based on validated
            voucher management system (VMS) leasing and cost data for
            calendar year 2010 and by applying the most recent 12 months of
            the Annual Adjustment Factor as established by the Secretary,
            and by making any necessary adjustments for the costs
            associated with the first-time renewal of vouchers under this
            paragraph including tenant protection, and HOPE VI vouchers:
            Provided further, That none of the funds provided under this
            paragraph may be used to fund a total number of unit months
            under lease which exceeds a public housing agency's authorized
            level of units under contract, except for public housing
            agencies participating in the Moving to Work demonstration,
            which are instead governed by the terms and conditions of their
            MTW agreements: Provided further, That the Secretary shall, to
            the extent necessary to stay within the amount specified under
            this paragraph, pro rate each public housing agency's
            allocation otherwise established pursuant to this paragraph:
            Provided further, That except as provided in the following
            provisos, the entire amount specified under this paragraph
            shall be obligated to the public housing agencies based on the
            allocation and pro rata method described above, and the
            Secretary shall notify public housing agencies of their annual
            budget not later than 60 days after enactment of this Act:
            Provided further, That the Secretary may extend the 60-day
            notification period with the prior written approval of the
            House and Senate Committees on Appropriations: Provided
            further, That public housing agencies participating in the
            Moving to Work demonstration shall be funded pursuant to their
            Moving to Work agreements and shall be subject to the same pro
            rata adjustments under the previous provisos: Provided further,
            That up to $150,000,000 shall be available only: (1) to adjust
            the allocations for public housing agencies, after application
            for an adjustment by a public housing agency that experienced a
            significant increase, as determined by the Secretary, in
            renewal costs of tenant-based rental assistance resulting from
            unforeseen circumstances or from portability under section 8(r)
            of the Act; (2) for vouchers that were not in use during the
            12-month period in order to be available to meet a commitment
            pursuant to section 8(o)(13) of the Act; (3) for any increase
            in the costs associated with deposits to family self-
            sufficiency program escrow accounts; (4) for one-time
            adjustments of renewal funding for public housing agencies in
            receivership with approved fungibility plans for calendar year
            2009 as authorized in section 11003 of the Consolidated
            Security, Disaster Assistance, and Continuing Appropriations
            Act, 2009 (Public Law 110-329); or (5) to adjust allocations
            for public housing agencies to prevent termination of
            assistance to families receiving assistance under the disaster
            voucher program, as authorized by Public Law 109-148 under the
            heading ``Tenant-Based Rental Assistance'': Provided further,
            That the Secretary shall allocate amounts under the previous
            proviso based on need as determined by the Secretary: Provided
            further, That of the amounts made available under this
            paragraph, up to $100,000,000 may be transferred to and merged
            with the appropriation for ``Transformation Initiative'';
                (2) $150,000,000 shall be for section 8 rental assistance
            for relocation and replacement of housing units that are
            demolished or disposed of pursuant to the Omnibus Consolidated
            Rescissions and Appropriations Act of 1996 (Public Law 104-
            134), conversion of section 23 projects to assistance under
            section 8, the family unification program under section 8(x) of
            the Act, relocation of witnesses in connection with efforts to
            combat crime in public and assisted housing pursuant to a
            request from a law enforcement or prosecution agency, enhanced
            vouchers under any provision of law authorizing such assistance
            under section 8(t) of the Act, HOPE VI vouchers, mandatory and
            voluntary conversions, exigent health and safety issues in
            public housing units, and tenant protection assistance
            including replacement and relocation assistance or for project
            based assistance to prevent the displacement of unassisted
            elderly tenants currently residing in section 202 properties
            financed between 1959 and 1974 that are refinanced pursuant to
            Public Law 106-569, as amended, or under the authority as
            provided under this Act: Provided, That the Secretary may only
            provide replacement vouchers for all units that were occupied
            within the previous 24 months that cease to be available as
            assisted housing, subject only to the availability of funds:
            Provided further, That of the amounts made available under this
            paragraph, $25,000,000 shall be available to provide tenant
            protection assistance, not otherwise provided under this
            paragraph, to residents residing in low-vacancy areas and who
            may have to pay rents greater than 30 percent of household
            income, as the result of (1) the maturity of a HUD-insured,
            HUD-held or section 202 loan that requires the permission of
            the Secretary prior to loan prepayment, (2) the expiration of a
            rental assistance contract for which the tenants are not
            eligible for enhanced voucher or tenant protection assistance
            under existing law, or (3) the expiration of affordability
            restrictions accompanying a mortgage or preservation program
            administered by the Secretary: Provided further, That such
            tenant protection assistance made available under the previous
            proviso may be provided under the authority of section 8(t) of
            the United States Housing Act of 1937 (42 U.S.C. 1437f(t)):
            Provided further, That the Secretary shall issue guidance to
            implement the previous two provisos, including but not limited
            to requirements for defining eligible at-risk households within
            120 days of the enactment of this Act;
                (3) $1,851,000,000 shall be for administrative and other
            expenses of public housing agencies in administering the
            section 8 tenant-based rental assistance program, of which up
            to $50,000,000 shall be available to the Secretary to allocate
            to public housing agencies that need additional funds to
            administer their section 8 programs, including fees associated
            with section 8 tenant protection rental assistance, the
            administration of disaster related vouchers, Veterans Affairs
            Supportive Housing vouchers, and other incremental vouchers:
            Provided, That no less than $1,741,000,000 of the amount
            provided in this paragraph shall be allocated to public housing
            agencies for the calendar year 2011 funding cycle based on
            section 8(q) of the Act (and related Appropriation Act
            provisions) as in effect immediately before the enactment of
            the Quality Housing and Work Responsibility Act of 1998 (Public
            Law 105-276): Provided further, That if the amounts made
            available under this paragraph are insufficient to pay the
            amounts determined under the previous proviso, the Secretary
            may decrease the amounts allocated to agencies by a uniform
            percentage applicable to all agencies receiving funding under
            this paragraph or may, to the extent necessary to provide full
            payment of amounts determined under the previous proviso,
            utilize unobligated balances, including recaptures and
            carryovers, remaining from funds appropriated to the Department
            of Housing and Urban Development under this heading, for fiscal
            year 2010 and prior fiscal years, notwithstanding the purposes
            for which such amounts were appropriated: Provided further,
            That amounts provided under this paragraph shall be only for
            activities related to the provision of tenant-based rental
            assistance authorized under section 8, including related
            development activities: Provided further, That of the total
            amount provided under this paragraph, $60,000,000 shall be
            available for family self-sufficiency coordinators under
            section 23 of the Act: Provided further, That amounts provided
            for family self-sufficiency coordinators shall be obligated to
            the public housing agencies not later than 60 days after
            enactment of this Act;
                (4) $15,000,000 for incremental voucher assistance through
            the Family Unification Program: Provided, That the assistance
            made available under this paragraph shall continue to remain
            available for family unification upon turnover: Provided
            further, That the Secretary of Housing and Urban Development
            shall make such funding available, notwithstanding section 204
            (competition provision) of this title, to entities with
            demonstrated experience and resources for supportive services;
                (5) $63,000,000 for renewal of tenant-based assistance
            contracts under section 811 of the Cranston-Gonzalez National
            Affordable Housing Act (42 U.S.C. 8013) entered into prior to
            fiscal year 2007: Provided, That such renewals shall be entered
            into pursuant to section 8(o) of the United States Housing Act
            of 1937 in an amount necessary to fully fund the conversion of
            the number of authorized vouchers under each such section 811
            contract to each such section 8(o) contract, including
            necessary administrative expenses, from the date of renewal
            through the end of calendar year 2011: Provided further, That
            unobligated balances, including recaptures and carryover,
            remaining from funds appropriated to the Department of Housing
            and Urban Development in prior fiscal years for tenant-based
            assistance under such section 811 shall be available for
            renewal or amendment of contracts converted under this
            paragraph: Provided further, That all assistance made available
            under this paragraph shall continue to remain available only to
            persons with disabilities upon turnover: Provided further, That
            such converted vouchers may be administered by the entity
            administering the vouchers prior to conversion and any such
            entity shall be considered a ``public housing agency''
            authorized to engage in the operation of tenant-based
            assistance under such section 8(o) with respect to such
            converted vouchers;
                (6) $75,000,000 for incremental rental voucher assistance
            for use through a supported housing program administered in
            conjunction with the Department of Veterans Affairs as
            authorized under section 8(o)(19) of the United States Housing
            Act of 1937: Provided, That the Secretary of Housing and Urban
            Development shall make such funding available, notwithstanding
            section 204 (competition provision) of this title, to public
            housing agencies that partner with eligible VA Medical Centers
            or other entities as designated by the Secretary of the
            Department of Veterans Affairs, based on geographical need for
            such assistance as identified by the Secretary of the
            Department of Veterans Affairs, public housing agency
            administrative performance, and other factors as specified by
            the Secretary of Housing and Urban Development in consultation
            with the Secretary of the Department of Veterans Affairs:
            Provided further, That Veterans Affairs Supportive Housing
            projects may be designated as single sex projects for such
            purposes as approved by the Secretary of Housing and Urban
            Development and the Secretary of the Department of Veterans
            Affairs, notwithstanding any other statutory or regulatory
            requirement: Provided further, That the Secretary of Housing
            and Urban Development may waive, or specify alternative
            requirements for (in consultation with the Secretary of the
            Department of Veterans Affairs), any provision of any statute
            or regulation that the Secretary of Housing and Urban
            Development administers in connection with the use of funds
            made available under this paragraph (except for requirements
            related to fair housing, nondiscrimination, labor standards,
            and the environment), upon a finding by the Secretary that any
            such waivers or alternative requirements are necessary for the
            effective delivery and administration of such voucher
            assistance: Provided further, That assistance made available
            under this paragraph shall continue to remain available for
            homeless veterans upon turnover;
                (7) up to $66,000,000 for incremental tenant-based
            assistance for eligible families assisted under the Disaster
            Housing Assistance Program for Hurricanes Ike and Gustav:
            Provided, That these vouchers will not be re-issued when
            families leave the program;
                (8) $85,000,000 for incremental voucher assistance under
            section 8(o) of the United States Housing Act of 1937,
            including related administrative expenses, for two competitive
            demonstration programs to address the needs of families and
            individuals who are homeless or at risk of homelessness, as
            defined by the Secretary of Housing and Urban Development, to
            be administered by the Department of Housing and Urban
            Development in conjunction with the Department of Health and
            Human Services and the Department of Education: Provided, That
            one demonstration program shall make funding available to
            public housing agencies that: (1) partner with eligible State
            or local entities responsible for distributing Temporary
            Assistance for Needy Families (TANF) and other health and human
            services as designated by the Secretary of the Department of
            Health and Human Services, and (2) partner with school
            homelessness liaisons funded through the Department of
            Education's Education for Homeless Children and Youths program:
            Provided further, That the other demonstration program shall
            make funding available to public housing agencies that partner
            with eligible state Medicaid agencies and State behavioral
            health entities as designated by the Secretary of the
            Department of Health and Human Services to provide housing in
            conjunction with Medicaid case management, substance abuse
            treatment, and mental health services: Provided further, That
            the Secretary of Housing and Urban Development shall make the
            funding specified in this subsection available through such
            allocation procedures as the Secretary determines to be
            appropriate, notwithstanding section 213 of the Housing and
            Community Development Act of 1974 (42 U.S.C. 1439) and section
            204 (competition provision) of this title, to entities with
            demonstrated experience and that meet such other requirements
            as determined by the Secretary: Provided further, That the
            Secretary of Housing and Urban Development may waive, or
            specify alternative requirements for any provision of any
            statute or regulation that the Secretary of Housing and Urban
            Development administers in connection with the use of funds
            made available under this paragraph (except for requirements
            related to fair housing, nondiscrimination, labor standards,
            and the environment), upon a finding by the Secretary that any
            such waivers or alternative requirements are necessary for the
            effective delivery and administration of such voucher
            assistance: Provided further, That the Secretary shall publish
            in the Federal Register any waiver of any statute or regulation
            applicable to the entire demonstration that the Secretary
            administers pursuant to this subsection no later than 10 days
            before the effective date of such waiver: Provided further,
            That assistance made available under this subsection shall
            continue to remain available for these purposes upon turnover;
            and
                (9) the Secretary shall separately track all special
            purpose vouchers funded under this heading.

                            housing certificate fund

                                  (rescission)

        Unobligated balances, including recaptures and carryover, remaining
    from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2011 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated: Provided, That any obligated balances of
    contract authority from fiscal year 1974 and prior that have been
    terminated shall be cancelled: Provided further, That amounts
    heretofore recaptured, or recaptured during the current fiscal year,
    from project-based section 8 contracts from source years fiscal year
    1975 through fiscal year 1987 are hereby rescinded, and an amount of
    additional new budget authority, equivalent to the amount rescinded is
    hereby appropriated, to remain available until expended, for the
    purposes set forth under this heading, in addition to amounts otherwise
    available.

                          public housing capital fund

        For the Public Housing Capital Fund Program to carry out capital
    and management activities for public housing agencies, as authorized
    under section 9 of the United States Housing Act of 1937 (42 U.S.C.
    1437g) (the ``Act'') $2,500,000,000, to remain available until
    September 30, 2014: Provided, That notwithstanding any other provision
    of law or regulation, during fiscal year 2011 the Secretary of Housing
    and Urban Development may not delegate to any Department official other
    than the Deputy Secretary and the Assistant Secretary for Public and
    Indian Housing any authority under paragraph (2) of section 9(j)
    regarding the extension of the time periods under such section:
    Provided further, That for purposes of such section 9(j), the term
    ``obligate'' means, with respect to amounts, that the amounts are
    subject to a binding agreement that will result in outlays, immediately
    or in the future: Provided further, That up to $15,345,000 shall be to
    support the ongoing Public Housing Financial and Physical Assessment
    activities of the Real Estate Assessment Center (REAC): Provided
    further, That of the total amount provided under this heading, not to
    exceed $30,000,000 shall be available for the Secretary to make grants,
    notwithstanding section 204 of this Act, to public housing agencies for
    emergency capital needs including safety and security measures
    necessary to address crime and drug-related activity as well as needs
    resulting from unforeseen or unpreventable emergencies and natural
    disasters excluding Presidentially declared emergencies and natural
    disasters under the Robert T. Stafford Disaster Relief and Emergency
    Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2011: Provided
    further, That of the amounts made available under the previous proviso,
    not less than $10,000,000 shall be for safety and security measures:
    Provided further, That of the amounts provided under this heading up to
    $25,000,000 may be for grants to be competitively awarded to public
    housing agencies for the construction, rehabilitation or purchase of
    facilities to be used to provide early education, adult education, job
    training or other appropriate services to public housing residents:
    Provided further, That the Department of Housing and Urban Development
    shall publish a notice of funding availability within 90 days of the
    enactment of this Act: Provided further, That grantees shall
    demonstrate an ability to leverage other Federal, State, local or
    private resources for the construction, rehabilitation or acquisition
    of such facilities, and that selected grantees shall demonstrate a
    capacity to pay the long-term costs of operating such facilities:
    Provided further, That of the total amount provided under this heading,
    $50,000,000 shall be for supportive services, service coordinators and
    congregate services as authorized by section 34 of the Act (42 U.S.C.
    1437z-6) and the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further,
    That a Notice of Funding Availability for the funds provided in the
    previous proviso shall be issued not later than 60 days after enactment
    of this Act: Provided further, That of the total amount provided under
    this heading up to $8,820,000 is to support the costs of administrative
    and judicial receiverships: Provided further, That from the funds made
    available under this heading, the Secretary shall provide bonus awards
    in fiscal year 2011 to public housing agencies that are designated high
    performers.

                         public housing operating fund

                         (including transfer of funds)

        For 2011 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,775,000,000:
    Provided, That, in fiscal year 2009 and all fiscal years hereafter, no
    amounts under this heading in any appropriations Act may be used for
    payments to public housing agencies for the costs of operation and
    management of public housing for any year prior to the current year of
    such Act: Provided further, That of the amounts made available under
    this heading, up to $15,000,000 may be transferred to and merged with
    the appropriation for ``Transformation Initiative''.

         revitalization of severely distressed public housing (hope vi)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing
    Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available until
    September 30, 2012, of which the Secretary of Housing and Urban
    Development may use up to $5,000,000 for technical assistance and
    contract expertise, to be provided directly or indirectly by grants,
    contracts or cooperative agreements, including training and cost of
    necessary travel for participants in such training, by or to officials
    and employees of the department and of public housing agencies and to
    residents: Provided, That none of such funds shall be used directly or
    indirectly by granting competitive advantage in awards to settle
    litigation or pay judgments, unless expressly permitted herein:
    Provided further, That a Notice of Funding Availability for the funds
    provided under this heading shall be issued not later than 90 days
    after enactment of this Act: Provided further, That of the amounts
    provided under this heading, up to $90,000,000 may be available for a
    demonstration of the Choice Neighborhoods Initiative (subject to such
    section 24 except as otherwise specified under the provisos for this
    demonstration under this heading) for the transformation,
    rehabilitation and replacement housing needs of both public and HUD-
    assisted housing and to transform neighborhoods of poverty into
    functioning, sustainable mixed income neighborhoods with appropriate
    services, public assets, transportation and access to jobs and schools,
    including public schools, community schools and charter schools:
    Provided further, That for this demonstration, funds may also be used
    for the conversion of vacant or foreclosed properties to affordable
    housing: Provided further, That use of funds made available for this
    demonstration under this heading shall not be deemed to be public
    housing notwithstanding section 3(b)(1) of such Act: Provided further,
    That grantees shall commit to an additional period of affordability,
    determined by the Secretary, but not fewer than 20 years: Provided
    further, That grantees shall undertake comprehensive local planning
    with input from residents and the community: Provided further, That for
    the purpose of this demonstration, applicants may include local
    governments, public housing authorities, and nonprofits: Provided
    further, That for-profit developers may apply jointly with a public
    entity: Provided further, That such grantees shall create partnerships
    with other local organizations including assisted housing owners,
    service agencies and resident organizations: Provided further, That the
    Secretary shall consult with the Secretaries of Education, Labor,
    Transportation, Health and Human Services, Agriculture, and Commerce,
    and the Administrator of the Environmental Protection Agency to
    coordinate and leverage other appropriate Federal resources: Provided
    further, That the Secretary shall develop and publish a Notice of
    Funding Availability for the allocation and the use of such competitive
    funds in this demonstration, including but not limited to eligible
    activities, program requirements, protections and services for affected
    residents and performance metrics.

                      native american housing block grants

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $700,000,000, to remain available until expended: Provided, That,
    notwithstanding the Native American Housing Assistance and Self-
    Determination Act of 1996, to determine the amount of the allocation
    under title I of such Act for each Indian tribe, the Secretary shall
    apply the formula under section 302 of such Act with the need component
    based on single-race Census data and with the need component based on
    multi-race Census data, and the amount of the allocation for each
    Indian tribe shall be the greater of the two resulting allocation
    amounts: Provided further, That the Department shall notify grantees of
    their formula allocation within 60 days of enactment of this Act:
    Provided further, That of the amounts made available under this
    heading, $3,500,000 shall be contracted for assistance for a national
    organization representing Native American housing interests for
    providing training and technical assistance to Indian housing
    authorities and tribally designated housing entities as authorized
    under NAHASDA; and $4,250,000 shall be to support the inspection of
    Indian housing units, contract expertise, training, and technical
    assistance in the training, oversight, and management of such Indian
    housing and tenant-based assistance, including up to $300,000 for
    related travel: Provided further, That of the amount provided under
    this heading, $2,000,000 shall be made available for the cost of
    guaranteed notes and other obligations, as authorized by title VI of
    NAHASDA: Provided further, That such costs, including the costs of
    modifying such notes and other obligations, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize the total
    principal amount of any notes and other obligations, any part of which
    is to be guaranteed, not to exceed $20,000,000.

                      native hawaiian housing block grant

        For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to
    remain available until expended: Provided, That of this amount,
    $300,000 shall be for training and technical assistance activities,
    including up to $100,000 for related travel by Hawaii-based HUD
    employees.

               indian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
    $9,000,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, up to $994,000,000:
    Provided further, That up to $750,000 shall be for administrative
    contract expenses including management processes and systems to carry
    out the loan guarantee program.

          native hawaiian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
    $1,044,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $41,504,255.

                       Community Planning and Development

                  housing opportunities for persons with aids

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $345,000,000, to remain available until September 30,
    2012, except that amounts allocated pursuant to section 854(c)(3) of
    such Act shall remain available until September 30, 2013: Provided,
    That the Secretary shall renew all expiring contracts for permanent
    supportive housing that were funded under section 854(c)(3) of such Act
    that meet all program requirements before awarding funds for new
    contracts and activities authorized under this section: Provided
    further, That the Department shall notify grantees of their formula
    allocation within 60 days of enactment of this Act.

                           community development fund

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $4,450,000,000, to remain available until September 30,
    2013, unless otherwise specified: Provided, That of the total amount
    provided, $3,990,000,000 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
    5301 et seq.): Provided further, That unless explicitly provided for
    under this heading (except for planning grants provided in the second
    paragraph and amounts made available under the third paragraph), not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading shall be expended for planning and management development and
    administration: Provided further, That the Department shall notify
    grantees of their formula allocation within 60 days of enactment of
    this Act: Provided further, That $65,000,000 shall be for grants to
    Indian tribes notwithstanding section 106(a)(1) of such Act, of which,
    notwithstanding any other provision of law (including section 204 of
    this Act), up to $3,960,000 may be used for emergencies that constitute
    imminent threats to health and safety.
        Of the amount made available under this heading, $170,176,000 shall
    be available for grants for the Economic Development Initiative (EDI)
    to finance a variety of targeted economic investments in accordance
    with the terms and conditions specified in the explanatory statement
    accompanying this Act: Provided, That none of the funds provided under
    this paragraph may be used for program operations: Provided further,
    That, for fiscal years 2009, 2010 and 2011, no unobligated funds for
    EDI grants may be used for any purpose except acquisition, planning,
    design, purchase of equipment, revitalization, redevelopment or
    construction.
        Of the amount made available under this heading, $23,600,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can
    be integrated more effectively with welfare reform initiatives:
    Provided, That amounts made available under this paragraph shall be
    provided in accordance with the terms and conditions specified in the
    explanatory statement accompanying this Act.
        The referenced explanatory statement for item 113 under the heading
    ``Community Development Fund'' in title III of division A of Public Law
    109-115 is deemed to be amended by striking ``a pedestrian bridge'' and
    inserting ``pedestrian and disabled access improvements''.
        The referenced statement of the managers under this heading in
    title II of division A of Public Law 111-117 is deemed to be amended by
    striking ``World Trade Center of St. Louis, MO for the construction of
    a commercialization center'' and inserting ``World Trade Center of St.
    Louis, MO for equipment and the construction of a commercialization
    center''.
        The referenced explanatory statement under this heading in division
    I of Public Law 111-8 is deemed to be amended with respect to
    ``Providence Community Action, RI'' by striking ``for purchase of a
    building to provide transitional housing for homeless families''' and
    inserting ``for purchase and renovation of a building to provide
    transitional housing for homeless families''.
        The referenced explanatory statement under this heading in title II
    of division I of Public Law 111-8 (123 Stat. 524), is deemed to be
    amended with respect to ``Jefferson County, CO'' by striking ``for the
    purchase of a 15-unit apartment complex located in Golden, CO to
    provide housing for homeless veterans'' and inserting ``for the
    construction, purchase, or renovation of a facility to provide housing
    for homeless veterans''.
        The referenced explanatory statement under this hearing in title II
    of division A of Public Law 111-117 (123 Stat. 3034), is deemed to be
    amended with respect to the item relating to ``Jefferson County, CO''
    by striking ``For the housing authority to establish a new program of
    housing and supportive services for homeless veterans'' and inserting
    ``for the construction, purchase, or renovation of a facility to
    provide housing for homeless veterans''.
        The referenced statement of managers under the heading ``Community
    Planning and Development'' in title II in division I of Public Law 111-
    8 is deemed to be amended by striking ``City of Wilson, NC, for
    demolition of dilapidated structures from downtown Wilson to further
    downtown redevelopment'' and inserting ``City of Wilson, NC, for the
    renovation of blighted structures to enhance downtown development''.
        The referenced statement of managers under the heading ``Community
    Planning and Development'' in title II in division I of Public Law 111-
    8 is deemed to be amended by striking ``Catskill Visitor Interpretative
    Center, Shandaken, NY, for construction of a visitor's center'' and
    inserting ``New York State Department of Environmental Conservation,
    NY, for planning and design of the Catskill Visitor Interpretative
    Center''.
        The referenced statement of managers under the heading ``Community
    Planning and Development'' in title II in division I of Public Law 111-
    8 is deemed to be amended by striking ``Charles County Department of
    Human Services, Maryland, Port Tobacco, MD, for acquisition and
    rehabilitation of the former Changing Point South facility as a
    homeless shelter and transitional housing'' and inserting ``Charles
    County Department of Human Services, Port Tobacco, MD, for acquisition
    and rehabilitation of a facility''.
        The referenced statement of managers under the heading ``Community
    Planning and Development'' in title II in division I of Public Law 111-
    8 is deemed to be amended by striking ``Covenant House California, Los
    Angeles, CA, For design and construction of a homeless youth shelter''
    and inserting ``Covenant House California, Los Angeles, CA, To renovate
    a support services facility to serve homeless youth in Los Angeles''.
        The referenced statement of managers under the heading ``Community
    Planning and Development'' in title II in division A of Public Law 111-
    117 is deemed to be amended by striking ``Altadena Library District,
    Altadena, CA, Renovation, expansion and ADA compliance at a public
    library'' and inserting ``Altadena Library District, Altadena, CA, For
    planning, design, renovation, expansion and ADA compliance at a public
    library''.
        Of the amounts made available under this heading, $150,000,000
    shall be made available for a Sustainable Communities Initiative to
    improve regional planning efforts that integrate housing and
    transportation decisions, and increase the capacity to improve land use
    and zoning: Provided, That grants under such Initiative may only be
    made to metropolitan planning organizations (MPOs), rural planning
    organizations, States or other units of general local government,
    Indian tribes, and housing-, economic development- or transportation-
    related nonprofit organizations: Provided further, That $100,000,000
    shall be for Regional Integrated Planning Grants to support the linking
    of transportation and land use planning: Provided further, That not
    less than $25,000,000 of the funding made available for Regional
    Integrated Planning Grants shall be awarded to metropolitan areas of
    less than 500,000: Provided further, That $40,000,000 shall be for
    Community Challenge Planning Grants to foster reform and reduce
    barriers to achieve affordable, economically vital, and sustainable
    communities: Provided further, That before funding is made available
    for Regional Integrated Planning Grants or Community Challenge Planning
    Grants, the Secretary, in coordination with the Secretary of
    Transportation, shall submit a plan to the House and Senate Committees
    on Appropriations, the Senate Committee on Banking and Urban Affairs,
    and the House Committee on Financial Services detailing any changes to
    the grant criteria or performance measures by which the success of
    grantees will be measured that were first established in fiscal year
    2010: Provided further, That the Secretary will consult with the
    Secretary of Transportation in evaluating grant proposals: Provided
    further, That up to $10,000,000 shall be for a joint Department of
    Housing and Urban Development and Department of Transportation research
    effort that shall include a rigorous evaluation of the Regional
    Integrated Planning Grants and Community Challenge Planning Grants
    programs, as well as to provide funding for a clearinghouse and
    capacity building efforts: Provided further, That of the amounts made
    available under this heading, $25,000,000 shall be made available for
    the Rural Innovation Fund for grants to Indian tribes, State housing
    finance agencies, State community and/or economic development agencies,
    local rural nonprofits and community development corporations to
    address the problems of concentrated rural housing distress and
    community poverty: Provided further, That of the funding made available
    under the previous proviso, at least $5,000,000 shall be made available
    to promote economic development and entrepreneurship for federally
    recognized Indian Tribes, through activities including the
    capitalization of revolving loan programs and business planning and
    development, funding is also made available for technical assistance to
    increase capacity through training and outreach activities: Provided
    further, That the Department of Housing and Urban Development shall
    publish a notice of funding availability for the Rural Innovation Fund
    within 120 days of enactment of this Act: Provided further, That of the
    amounts made available under this heading, $26,224,000 is for grants
    pursuant to section 107 of the Housing and Community Development Act of
    1974 (42 U.S.C. 5307).

             community development loan guarantees program account

        For the cost of guaranteed loans, $8,000,000, to remain available
    until September 30, 2012, as authorized by section 108 of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, not to exceed
    $341,880,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.

                           brownfields redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $10,000,000, to remain
    available until September 30, 2012: Provided, That no funds made
    available under this heading may be used to establish loan loss
    reserves for the section 108 Community Development Loan Guarantee
    program: Provided further, That a Notice of Funding Availability shall
    be issued not later than 90 days after enactment of this Act.

                      home investment partnerships program

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,825,000,000, to remain available until September 30, 2013:
    Provided, That, funds provided in prior appropriations Acts for
    technical assistance, that were made available for Community Housing
    Development Organizations technical assistance, and that still remain
    available, may be used for HOME technical assistance notwithstanding
    the purposes for which such amounts were appropriated: Provided
    further, That the Department shall notify grantees of their formula
    allocation within 60 days of enactment of this Act.

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program,
    as authorized under section 11 of the Housing Opportunity Program
    Extension Act of 1996, as amended, $82,000,000, to remain available
    until September 30, 2012: Provided, That of the total amount provided
    under this heading, $27,000,000 shall be made available to the Self-
    Help and Assisted Homeownership Opportunity Program as authorized under
    section 11 of the Housing Opportunity Program Extension Act of 1996, as
    amended: Provided further, That $50,000,000 shall be made available for
    the second, third and fourth capacity building activities authorized
    under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
    note), of which not less than $5,000,000 may be made available for
    rural capacity building activities: Provided further, That $5,000,000
    shall be made available for capacity building activities as authorized
    in sections 6301 through 6305 of Public Law 110-246: Provided further,
    That a Notice of Funding Availability shall be issued not later than 90
    days after enactment of this Act.

                           homeless assistance grants

        For the emergency solutions grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
    as amended; the continuum of care program as authorized under subtitle
    C of title IV of such Act; and the rural housing stability assistance
    program as authorized under subtitle D of title IV of such Act,
    $2,200,000,000, of which $2,195,000,000 shall remain available until
    September 30, 2013, and of which $5,000,000 shall remain available
    until expended for project-based rental assistance with rehabilitation
    for such projects with 10-year grant terms and any rental assistance
    amounts that are recaptured under such continuum of care program shall
    remain available until expended: Provided, That at least $345,000,000
    of the funds appropriated under this heading shall be available for
    such emergency solutions grants program: Provided further, That up to
    $1,844,000,000 of the funds appropriated under this heading shall be
    available for such continuum of care and rural housing stability
    assistance programs: Provided further, That up to $6,000,000 of the
    funds appropriated under this heading shall be available for the
    national homeless data analysis project: Provided further, That for all
    match requirements applicable to funds made available under this
    heading for this fiscal year and prior years, a grantee may use (or
    could have used) as a source of match funds other funds administered by
    the Secretary and other Federal agencies unless there is (or was) a
    specific statutory prohibition on any such use of any such funds:
    Provided further, That the Secretary shall renew on an annual basis
    expiring contracts or amendments to contracts funded under the
    continuum of care program if the program is determined to be needed
    under the applicable continuum of care and meets appropriate program
    requirements and financial standards, as determined by the Secretary:
    Provided further, That all awards of assistance under this heading
    shall be required to coordinate and integrate homeless programs with
    other mainstream health, social services, and employment programs for
    which homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That all balances for
    Shelter Plus Care renewals previously funded from the Shelter Plus Care
    Renewal account and transferred to this account shall be available, if
    recaptured, for continuum of care renewals in fiscal year 2011.

                                Housing Programs

                        project-based rental assistance

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42
    U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
    $8,882,328,000, to remain available until expended, shall be available
    on October 1, 2010 (in addition to the $393,672,000 previously
    appropriated under this heading that will become available October 1,
    2010), and $400,000,000, to remain available until expended, shall be
    available on October 1, 2011: Provided, That the amounts made available
    under this heading shall be available for expiring or terminating
    section 8 project-based subsidy contracts (including section 8 moderate
    rehabilitation contracts), for amendments to section 8 project-based
    subsidy contracts (including section 8 moderate rehabilitation
    contracts), for contracts entered into pursuant to section 441 of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal
    of section 8 contracts for units in projects that are subject to
    approved plans of action under the Emergency Low Income Housing
    Preservation Act of 1987 or the Low-Income Housing Preservation and
    Resident Homeownership Act of 1990, and for administrative and other
    expenses associated with project-based activities and assistance funded
    under this paragraph: Provided further, That of the total amounts
    provided under this heading, not to exceed $326,000,000 shall be
    available for performance-based contract administrators for section 8
    project-based assistance: Provided  further, That the Secretary of
    Housing and Urban Development may also use such amounts in the previous
    proviso for performance-based contract administrators for the
    administration of: interest reduction payments pursuant to section
    236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
    supplement payments pursuant to section 101 of the Housing and Urban
    Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
    assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
    assistance contracts for the elderly under section 202(c)(2) of the
    Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
    contracts for supportive housing for persons with disabilities under
    section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
    Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
    section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
    667); and loans under section 202 of the Housing Act of 1959 (Public
    Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
    under this heading, the heading ``Annual Contributions for Assisted
    Housing'', or the heading ``Housing Certificate Fund'' may be used for
    renewals of or amendments to section 8 project-based contracts or for
    performance-based contract administrators, notwithstanding the purposes
    for which such amounts were appropriated.

                            housing for the elderly

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $825,000,000, to
    remain available until September 30, 2014, of which up to $465,000,000
    shall be for capital advance and project-based rental assistance
    awards: Provided, That amounts for project rental assistance contracts
    are to remain available for the liquidation of valid obligations for 10
    years following the date of such obligation: Provided further, That of
    the amount provided under this heading, up to $90,000,000 shall be for
    service coordinators and the continuation of existing congregate
    service grants for residents of assisted housing projects, and of which
    up to $40,000,000 shall be for grants under section 202b of the Housing
    Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects
    under such section to assisted living or related use and for
    substantial and emergency capital repairs as determined by the
    Secretary: Provided further, That of the amount made available under
    this heading, $20,000,000 shall be available to the Secretary of
    Housing and Urban Development only for making competitive grants to
    private nonprofit organizations and consumer cooperatives for covering
    costs of architectural and engineering work, site control, and other
    planning relating to the development of supportive housing for the
    elderly that is eligible for assistance under section 202 of the
    Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
    under this heading shall be available for Real Estate Assessment Center
    inspections and inspection-related activities associated with section
    202 capital advance projects: Provided further, That the Secretary may
    waive the provisions of section 202 governing the terms and conditions
    of project rental assistance, except that the initial contract term for
    such assistance shall not exceed 5 years in duration.

                     housing for persons with disabilities

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with
    disabilities, as authorized by section 811 of the Cranston-Gonzalez
    National Affordable Housing Act (42 U.S.C. 8013), for project rental
    assistance for supportive housing for persons with disabilities under
    section 811(d)(2) of such Act, including amendments to contracts for
    such assistance and renewal of expiring contracts for such assistance
    for up to a 1-year term, and for supportive services associated with
    the housing for persons with disabilities as authorized by section
    811(b)(1) of such Act, $235,000,000, of which up to $169,000,000 shall
    be for capital advances and project-based rental assistance contracts,
    to remain available until September 30, 2014: Provided, That amounts
    for project rental assistance contracts are to remain available for the
    liquidation of valid obligations for 10 years following the date of
    such obligation: Provided further, That the Secretary may waive the
    provisions of section 811 governing the terms and conditions of project
    rental assistance, except that the initial contract term for such
    assistance shall not exceed 5 years in duration: Provided further, That
    amounts made available under this heading shall be available for Real
    Estate Assessment Center inspections and inspection-related activities
    associated with section 811 Capital Advance Projects.

                         Housing Counseling Assistance

        For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act
    of 1968, as amended, $88,000,000, including up to $2,500,000 for
    administrative contract services, to remain available until September
    30, 2012: Provided, That funds shall be used for providing counseling
    and advice to tenants and homeowners, both current and prospective,
    with respect to property maintenance, financial management/literacy,
    and such other matters as may be appropriate to assist them in
    improving their housing conditions, meeting their financial needs, and
    fulfilling the responsibilities of tenancy or homeownership; for
    program administration; and for housing counselor training.

                        other assisted housing programs

                           rental housing assistance

        For amendments to or extensions for up to 1 year of expiring
    contracts under section 101 of the Housing and Urban Development Act of
    1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National Housing
    Act (12 U.S.C. 1715z-1) in State-aided, noninsured rental housing
    projects, $40,600,000, to remain available until expended.

                                rent supplement

                                  (rescission)

        Of the amounts recaptured from terminated contracts under section
    101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
    and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
    $40,600,000 are rescinded: Provided, That no amounts may be rescinded
    from amounts that were designated by the Congress as an emergency
    requirement pursuant to the Concurrent Resolution on the Budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                payment to manufactured housing fees trust fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
    et seq.), up to $14,000,000, to remain available until expended, of
    which $7,000,000 is to be derived from the Manufactured Housing Fees
    Trust Fund: Provided, That not to exceed the total amount appropriated
    under this heading shall be available from the general fund of the
    Treasury to the extent necessary to incur obligations and make
    expenditures pending the receipt of collections to the Fund pursuant to
    section 620 of such Act: Provided further, That the amount made
    available under this heading from the general fund shall be reduced as
    such collections are received during fiscal year 2011 so as to result
    in a final fiscal year 2011 appropriation from the general fund
    estimated at not more than $7,000,000 and fees pursuant to such section
    620 shall be modified as necessary to ensure such a final fiscal year
    2011 appropriation: Provided further, That for the dispute resolution
    and installation programs, the Secretary of Housing and Urban
    Development may assess and collect fees from any program participant:
    Provided further, That such collections shall be deposited into the
    Fund, and the Secretary, as provided herein, may use such collections,
    as well as fees collected under section 620, for necessary expenses of
    such Act: Provided further, That notwithstanding the requirements of
    section 620 of such Act, the Secretary may carry out responsibilities
    of the Secretary under such Act through the use of approved service
    providers that are paid directly by the recipients of their services.

                         Federal Housing Administration

                   mutual mortgage insurance program account

                         (including transfer of funds)

        New commitments to guarantee single family loans insured under the
    Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
    remain available until September 30, 2012: Provided, That during fiscal
    year 2011, obligations to make direct loans to carry out the purposes
    of section 204(g) of the National Housing Act, as amended, shall not
    exceed $50,000,000: Provided further, That the foregoing amount in the
    previous proviso shall be for loans to nonprofit and governmental
    entities in connection with sales of single family real properties
    owned by the Secretary and formerly insured under the Mutual Mortgage
    Insurance Fund. For administrative contract expenses of the Federal
    Housing Administration, $221,125,000, to remain available until
    September 30, 2012, of which up to $71,500,000 may be transferred to
    and merged with the Working Capital Fund: Provided further, That to the
    extent guaranteed loan commitments exceed $200,000,000,000 on or before
    April 1, 2011, an additional $1,400 for administrative contract
    expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments (including a pro rata amount for any amount
    below $1,000,000), but in no case shall funds made available by this
    proviso exceed $30,000,000.

                    general and special risk program account

        During fiscal year 2011, commitments to guarantee loans incurred
    under the General and Special Risk Insurance Funds, as authorized by
    sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
    1735c), shall not exceed $20,000,000,000 in total loan principal, any
    part of which is to be guaranteed.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National
    Housing Act, shall not exceed $20,000,000, which shall be for loans to
    nonprofit and governmental entities in connection with the sale of
    single family real properties owned by the Secretary and formerly
    insured under such Act.

                    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C.
    1721(g)), shall not exceed $500,000,000,000, to remain available until
    September 30, 2012.

                        Policy Development and Research

                            research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, $54,000,000, to remain available until September 30, 2012.

                       Fair Housing and Equal Opportunity

                            fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $72,000,000, to remain available until September 30, 2012, of which
    $42,500,000 shall be to carry out activities pursuant to such section
    561: Provided, That of the funds made available to carry out section
    561, not less than $10,000,000 shall be available to carry out
    authorized activities, including training, education and enforcement in
    order to protect the public from discriminatory lending practices and
    mortgage rescue scams: Provided further, That the Secretary shall
    publish a notice of funding availability for amounts made available
    under the previous proviso within 30 days of the enactment of this Act:
    Provided further, That notwithstanding 31 U.S.C. 3302, the Secretary
    may assess and collect fees to cover the costs of the Fair Housing
    Training Academy, and may use such funds to provide such training:
    Provided further, That no funds made available under this heading shall
    be used to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan:
    Provided further, That of the funds made available under this heading,
    $500,000 shall be available to the Secretary of Housing and Urban
    Development for the creation and promotion of translated materials and
    other programs that support the assistance of persons with limited
    English proficiency in utilizing the services provided by the
    Department of Housing and Urban Development.

                Office of Healthy Homes and Lead Hazard Control

                             lead hazard reduction

        For the Lead Hazard Reduction Program, as authorized by section
    1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $140,000,000, to remain available until September 30, 2012, of which
    not less than $20,000,000 shall be for the Healthy Homes Initiative,
    pursuant to sections 501 and 502 of the Housing and Urban Development
    Act of 1970 that shall include research, studies, testing, and
    demonstration efforts, including education and outreach concerning
    lead-based paint poisoning and other housing-related diseases and
    hazards: Provided, That for purposes of environmental review, pursuant
    to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.) and other provisions of the law that further the purposes of such
    Act, a grant under the Healthy Homes Initiative, Operation Lead
    Elimination Action Plan (LEAP), or the Lead Technical Studies program
    under this heading or under prior appropriations Acts for such purposes
    under this heading, shall be considered to be funds for a special
    project for purposes of section 305(c) of the Multifamily Housing
    Property Disposition Reform Act of 1994: Provided further, That of the
    total amount made available under this heading, $48,000,000 shall be
    made available on a competitive basis for areas with the highest lead
    paint abatement needs: Provided further, That each recipient of funds
    provided under the second proviso shall make a matching contribution in
    an amount not less than 25 percent: Provided further, That the
    Secretary may waive the matching requirement cited in the preceding
    proviso on a case by case basis if the Secretary determines that such a
    waiver is necessary to advance the purposes of this program: Provided
    further, That each applicant shall submit a detailed plan and strategy
    that demonstrates adequate capacity that is acceptable to the Secretary
    to carry out the proposed use of funds pursuant to a notice of funding
    availability: Provided further, That amounts made available under this
    heading in this or prior appropriations Acts, and that still remain
    available, may be used for any purpose under this heading
    notwithstanding the purpose for which such amounts were appropriated if
    a program competition is undersubscribed and there are other program
    competitions under this heading that are oversubscribed: Provided
    further, That a Notice of Funding Availability shall be issued not
    later than 120 days after enactment of this Act.

                         Management and Administration

                              working capital fund

        For additional capital for the Working Capital Fund (42 U.S.C.
    3535) for the maintenance of infrastructure for Department-wide
    information technology systems, for the continuing operation and
    maintenance of both Department-wide and program-specific information
    systems, and for program-related maintenance activities, $228,500,000,
    to remain available until September 30, 2012: Provided, That any
    amounts transferred to this Fund under this Act shall remain available
    until expended: Provided further, That any amounts transferred to this
    Fund from amounts appropriated by previously enacted appropriations
    Acts may be used for the purposes specified under this Fund, in
    addition to any other information technology the purposes for which
    such amounts were appropriated.

                          office of inspector general

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $125,000,000: Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

                           transformation initiative

                         (including transfer of funds)

        For necessary expenses for combating mortgage fraud, $20,000,000,
    to remain available until expended. In addition, of the amounts made
    available in this Act under each of the following headings under this
    title, the Secretary may transfer to, and merge with, this account up
    to 1 percent from each such account, and such transferred amounts shall
    be available until September 30, 2015, for: (1) research, evaluation,
    and program metrics; (2) program demonstrations; (3) technical
    assistance and capacity building; and (4) information technology:
    ``Housing Opportunities for Persons With AIDS'', ``Community
    Development Fund'', ``Housing Counseling Assistance'', ``Payment to
    Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage Insurance
    Program Account'', ``Lead Hazard Reduction'', and ``Rental Housing
    Assistance'': Provided, That of the amounts made available under this
    paragraph, not less than $100,000,000 and not more than $116,000,000
    shall be available for information technology modernization, including
    development and deployment of a Next Generation of Voucher Management
    System and development and deployment of modernized Federal Housing
    Administration systems: Provided further, That not more than 25 percent
    of the funds made available for information technology modernization
    may be obligated until the Secretary submits to the Committees on
    Appropriations a plan for expenditure that: (1) identifies for each
    modernization project: (a) the functional and performance capabilities
    to be delivered and the mission benefits to be realized; (b) the
    estimated lifecycle cost; and (c) key milestones to be met; (2)
    demonstrates that each modernization project is: (a) compliant with the
    department's enterprise architecture; (b) being managed in accordance
    with applicable lifecycle management policies and guidance; (c) subject
    to the department's capital planning and investment control
    requirements; and (d) supported by an adequately staffed project
    office; and (3) has been reviewed by the Government Accountability
    Office: Provided further, That of the amounts made available under this
    paragraph, not more than $45,000,000 shall be available for technical
    assistance and capacity building: Provided further, That technical
    assistance activities shall include, technical assistance for HUD
    programs, including HOME, Community Development Block Grant, homeless
    programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
    Program, Fair Housing Initiative Program, Housing Counseling, Healthy
    Homes, Sustainable Communities, Energy Innovation Fund and other
    technical assistance as determined by the Secretary: Provided further,
    That of the amounts made available for research, evaluation and program
    metrics and program demonstrations, the Secretary shall include an
    assessment of the effectiveness of HUD funded service coordinators:
    Provided further, That the Secretary shall submit a plan to the House
    and Senate Committees on Appropriations for approval detailing how the
    funding provided under this heading will be allocated to each of the
    categories identified under this heading and for what projects or
    activities funding will be used: Provided further, That following the
    initial approval of this plan, the Secretary may amend the plan with
    the approval of the House and Senate Committees on Appropriations:
    Provided further, That with respect to amounts made available under
    this heading for research, evaluation, program metrics, and program
    demonstrations, notwithstanding section 204 of this title, the
    Secretary may make grants or enter into cooperative agreements that
    include a substantial match contribution.

        General Provisions--Department of Housing and Urban Development

        Sec. 201.  Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
    of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of
    cash, shall be remitted to the Treasury, and such amounts of budget
    authority or cash recaptured and not rescinded or remitted to the
    Treasury shall be used by State housing finance agencies or local
    governments or local housing agencies with projects approved by the
    Secretary of Housing and Urban Development for which settlement
    occurred after January 1, 1992, in accordance with such section.
    Notwithstanding the previous sentence, the Secretary may award up to 15
    percent of the budget authority or cash recaptured and not rescinded or
    remitted to the Treasury to provide project owners with incentives to
    refinance their project at a lower interest rate.
        Sec. 202.  None of the amounts made available under this Act may be
    used during fiscal year 2011 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a nonfrivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
    made available under this title for fiscal year 2011 that are allocated
    under such section, the Secretary of Housing and Urban Development
    shall allocate and make a grant, in the amount determined under
    subsection (b), for any State that--
                (1) received an allocation in a prior fiscal year under
            clause (ii) of such section; and
                (2) is not otherwise eligible for an allocation for fiscal
            year 2011 under such clause (ii) because the areas in the State
            outside of the metropolitan statistical areas that qualify
            under clause (i) in fiscal year 2011 do not have the number of
            cases of acquired immunodeficiency syndrome (AIDS) required
            under such clause.
        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2011, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        (c) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2011 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
    York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
    Metropolitan Division (hereafter ``metropolitan division'') of the New
    York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
    adjusted by the Secretary of Housing and Urban Development by: (1)
    allocating to the City of Jersey City, New Jersey, the proportion of
    the metropolitan area's or division's amount that is based on the
    number of cases of AIDS reported in the portion of the metropolitan
    area or division that is located in Hudson County, New Jersey, and
    adjusting for the proportion of the metropolitan division's high
    incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS; and (2) allocating to the City of
    Paterson, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Bergen County and Passaic County, New Jersey, and adjusting for the
    proportion of the metropolitan division's high incidence bonus if this
    area in New Jersey also has a higher than average per capita incidence
    of AIDS. The recipient cities shall use amounts allocated under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
    portions of the metropolitan division that is located in New Jersey.
        (d) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2011 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
    average per capita incidence of AIDS, shall be adjusted by the
    Secretary on the basis of area incidence reported over a 3-year period.
        Sec. 204.  Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
        Sec. 205.  Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a
    contract or fee basis, and for utilizing and making payment for
    services and facilities of the Federal National Mortgage Association,
    Government National Mortgage Association, Federal Home Loan Mortgage
    Corporation, Federal Financing Bank, Federal Reserve banks or any
    member thereof, Federal Home Loan banks, and any insured bank within
    the meaning of the Federal Deposit Insurance Corporation Act, as
    amended (12 U.S.C. 1811-1).
        Sec. 206.  Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 207.  Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act, are hereby authorized to make such expenditures, within
    the limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of such Act as may be necessary in carrying out
    the programs set forth in the budget for 2011 for such corporation or
    agency except as hereinafter provided: Provided, That collections of
    these corporations and agencies may be used for new loan or mortgage
    purchase commitments only to the extent expressly provided for in this
    Act (unless such loans are in support of other forms of assistance
    provided for in this or prior appropriations Acts), except that this
    proviso shall not apply to the mortgage insurance or guaranty
    operations of these corporations, or where loans or mortgage purchases
    are necessary to protect the financial interest of the United States
    Government.
        Sec. 208.  The Secretary of Housing and Urban Development shall
    provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of
    the Department and shall submit additional, updated budget information
    to these Committees upon request.
        Sec. 209. (a) Notwithstanding any other provision of law, the
    amount allocated for fiscal year 2011 under section 854(c) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
    Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
    New Jersey Metropolitan Division (hereafter ``metropolitan division''),
    shall be adjusted by the Secretary of Housing and Urban Development by
    allocating to the State of New Jersey the proportion of the
    metropolitan division's amount that is based on the number of cases of
    AIDS reported in the portion of the metropolitan division that is
    located in New Jersey, and adjusting for the proportion of the
    metropolitan division's high-incidence bonus if this area in New Jersey
    also has a higher than average per capita incidence of AIDS. The State
    of New Jersey shall use amounts allocated to the State under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
    metropolitan division that is located in New Jersey.
        (b) Notwithstanding any other provision of law, the Secretary of
    Housing and Urban Development shall allocate to Wake County, North
    Carolina, the amounts that otherwise would be allocated for fiscal year
    2011 under section 854(c) of the AIDS Housing Opportunity Act (42
    U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
    the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
    amounts allocated to Wake County shall be used to carry out eligible
    activities under section 855 of such Act (42 U.S.C. 12904) within such
    metropolitan statistical area.
        (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
    Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
    Development may adjust the allocation of the amounts that otherwise
    would be allocated for fiscal year 2011 under section 854(c) of such
    Act, upon the written request of an applicant, in conjunction with the
    State(s), for a formula allocation on behalf of a metropolitan
    statistical area, to designate the State or States in which the
    metropolitan statistical area is located as the eligible grantee(s) of
    the allocation. In the case that a metropolitan statistical area
    involves more than one State, such amounts allocated to each State
    shall be in proportion to the number of cases of AIDS reported in the
    portion of the metropolitan statistical area located in that State. Any
    amounts allocated to a State under this section shall be used to carry
    out eligible activities within the portion of the metropolitan
    statistical area located in that State.
        Sec. 210  The President's formal budget request for fiscal year
    2012, as well as the Department of Housing and Urban Development's
    congressional budget justifications to be submitted to the Committees
    on Appropriations of the House of Representatives and the Senate, shall
    use the identical account and sub-account structure provided under this
    Act.
        Sec. 211.  A public housing agency or such other entity that
    administers Federal housing assistance for the Housing Authority of the
    county of Los Angeles, California, the States of Alaska, Iowa, and
    Mississippi shall not be required to include a resident of public
    housing or a recipient of assistance provided under section 8 of the
    United States Housing Act of 1937 on the board of directors or a
    similar governing board of such agency or entity as required under
    section (2)(b) of such Act. Each public housing agency or other entity
    that administers Federal housing assistance under section 8 for the
    Housing Authority of the county of Los Angeles, California and the
    States of Alaska, Iowa and Mississippi that chooses not to include a
    resident of public housing or a recipient of section 8 assistance on
    the board of directors or a similar governing board shall establish an
    advisory board of not less than six residents of public housing or
    recipients of section 8 assistance to provide advice and comment to the
    public housing agency or other administering entity on issues related
    to public housing and section 8. Such advisory board shall meet not
    less than quarterly.
        Sec. 212. (a) Notwithstanding any other provision of law, subject
    to the conditions listed in subsection (b), for fiscal years 2011 and
    2012, the Secretary of Housing and Urban Development may authorize the
    transfer of some or all project-based assistance, debt and statutorily
    required low-income and very low-income use restrictions, associated
    with one or more multifamily housing project to another multifamily
    housing project or projects.
        (b) Phased Transfers.--Transfers of project-based assistance under
    this section may be done in phases to accommodate the financing and
    other requirements related to rehabilitating or constructing the
    project or projects to which the assistance is transferred to ensure
    that such project or projects meet the standards under section c.
        (c) The transfer authorized in subsection (a) is subject to the
    following conditions:
                (1) Number and bedroom size of units--
                        (A) For occupied units in the transferring project:
                    the number of low-income and very low-income units and
                    the configuration (i.e. bedroom size) provided by the
                    transferring project shall be no less than when
                    transferred to the receiving project or projects and
                    the net dollar amount of Federal assistance provided by
                    the transferring project shall remain the same in the
                    receiving project or projects.
                        (B) For unoccupied units in the transferring
                    project: the Secretary may authorize a reduction in the
                    number of dwelling units in the receiving project or
                    projects to allow for a reconfiguration of bedroom
                    sizes to meet current market demands, as determined by
                    the Secretary and provided there is no increase in the
                    project-based section 8 budget authority.
                (2) The transferring project shall, as determined by the
            Secretary, be either physically obsolete or economically non-
            viable.
                (3) The receiving project or projects shall meet or exceed
            applicable physical standards established by the Secretary.
                (4) The owner or mortgagor of the transferring project
            shall notify and consult with the tenants residing in the
            transferring project and provide a certification of approval by
            all appropriate local governmental officials.
                (5) The tenants of the transferring project who remain
            eligible for assistance to be provided by the receiving project
            or projects shall not be required to vacate their units in the
            transferring project or projects until new units in the
            receiving project are available for occupancy.
                (6) The Secretary determines that this transfer is in the
            best interest of the tenants.
                (7) If either the transferring project or the receiving
            project or projects meets the condition specified in subsection
            (d)(2)(A), any lien on the receiving project resulting from
            additional financing obtained by the owner shall be subordinate
            to any FHA-insured mortgage lien transferred to, or placed on,
            such project by the Secretary, except the Secretary may waive
            this requirement upon determination that such a waiver is
            necessary to facilitate the financing of acquisition,
            construction, and/or rehabilitation of the receiving project or
            projects.
                (8) If the transferring project meets the requirements of
            subsection (d)(2)(E), the owner or mortgagor of the receiving
            project or projects shall execute and record either a
            continuation of the existing use agreement or a new use
            agreement for the project where, in either case, any use
            restrictions in such agreement are of no lesser duration than
            the existing use restrictions.
        (d) For purposes of this section--
                (1) the terms ``low-income'' and ``very low-income'' shall
            have the meanings provided by the statute and/or regulations
            governing the program under which the project is insured or
            assisted;
                (2) the term ``multifamily housing project'' means housing
            that meets one of the following conditions--
                        (A) housing that is subject to a mortgage insured
                    under the National Housing Act;
                        (B) housing that has project-based assistance
                    attached to the structure including projects undergoing
                    mark to market debt restructuring under the Multifamily
                    Assisted Housing Reform and Affordability Housing Act;
                        (C) housing that is assisted under section 202 of
                    the Housing Act of 1959 as amended by section 801 of
                    the Cranston-Gonzales National Affordable Housing Act;
                        (D) housing that is assisted under section 202 of
                    the Housing Act of 1959, as such section existed before
                    the enactment of the Cranston-Gonzales National
                    Affordable Housing Act; or
                        (E) housing or vacant land that is subject to a use
                    agreement;
                (3) the term ``project-based assistance'' means--
                        (A) assistance provided under section 8(b) of the
                    United States Housing Act of 1937;
                        (B) assistance for housing constructed or
                    substantially rehabilitated pursuant to assistance
                    provided under section 8(b)(2) of such Act (as such
                    section existed immediately before October 1, 1983);
                        (C) rent supplement payments under section 101 of
                    the Housing and Urban Development Act of 1965;
                        (D) interest reduction payments under section 236
                    and/or additional assistance payments under section
                    236(f)(2) of the National Housing Act;
                        (E) assistance payments made under section
                    202(c)(2) of the Housing Act of 1959; or
                        (F) assistance payments made under section
                    811(d)(2) of the Housing Assistance Act of 1959;
                (4) the term ``receiving project or projects'' means the
            multifamily housing project or projects to which some or all of
            the project-based assistance, debt, and statutorily required
            use low-income and very low-income restrictions are to be
            transferred;
                (5) the term ``transferring project'' means the multifamily
            housing project which is transferring some or all of the
            project-based assistance, debt and the statutorily required
            low-income and very low-income use restrictions to the
            receiving project or projects; and
                (6) the term ``Secretary'' means the Secretary of Housing
            and Urban Development.
        Sec. 213.  The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title III of this
    Act shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2005.
        Sec. 214.  No funds provided under this title may be used for an
    audit of the Government National Mortgage Association that makes
    applicable requirements under the Federal Credit Reform Act of 1990 (2
    U.S.C. 661 et seq.).
        Sec. 215. (a) No assistance shall be provided under section 8 of
    the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
    individual who--
                (1) is enrolled as a student at an institution of higher
            education (as defined under section 102 of the Higher Education
            Act of 1965 (20 U.S.C. 1002));
                (2) is under 24 years of age;
                (3) is not a veteran;
                (4) is unmarried;
                (5) does not have a dependent child;
                (6) is not a person with disabilities, as such term is
            defined in section 3(b)(3)(E) of the United States Housing Act
            of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
            assistance under such section 8 as of November 30, 2005; and
                (7) is not otherwise individually eligible, or has parents
            who, individually or jointly, are not eligible, to receive
            assistance under section 8 of the United States Housing Act of
            1937 (42 U.S.C. 1437f).
        (b) For purposes of determining the eligibility of a person to
    receive assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
    received for tuition) that an individual receives under the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
    or an institution of higher education (as defined under the Higher
    Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
    that individual, except for a person over the age of 23 with dependent
    children.
        Sec. 216.  Notwithstanding the limitation in the first sentence of
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-g)), the
    Secretary of Housing and Urban Development may, until September 30,
    2011, insure and enter into commitments to insure mortgages under
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
        Sec. 217.  Notwithstanding any other provision of law, in fiscal
    year 2011, in managing and disposing of any multifamily property that
    is owned or has a mortgage held by the Secretary of Housing and Urban
    Development, and during the process of foreclosure on any property with
    a contract for rental assistance payments under section 8 of the United
    States Housing Act of 1937 or other Federal programs, the Secretary
    shall maintain any rental assistance payments under section 8 of the
    United States Housing Act of 1937 and other programs that are attached
    to any dwelling units in the property. To the extent the Secretary
    determines, in consultation with the tenants and the local government,
    that such a multifamily property owned or held by the Secretary is not
    feasible for continued rental assistance payments under such section 8
    or other programs, based on consideration of (1) the costs of
    rehabilitating and operating the property and all available Federal,
    State, and local resources, including rent adjustments under section
    524 of the Multifamily Assisted Housing Reform and Affordability Act of
    1997 (``MAHRAA'') and (2) environmental conditions that cannot be
    remedied in a cost-effective fashion, the Secretary may, in
    consultation with the tenants of that property, contract for project-
    based rental assistance payments with an owner or owners of other
    existing housing properties, or provide other rental assistance. The
    Secretary shall also take appropriate steps to ensure that project-
    based contracts remain in effect prior to foreclosure, subject to the
    exercise of contractual abatement remedies to assist relocation of
    tenants for imminent major threats to health and safety after written
    notice to and informed consent of the affected tenants and use of other
    available remedies, such as partial abatements or receivership. After
    disposition of any multifamily property described under this section,
    the contract and allowable rent levels on such properties shall be
    subject to the requirements under section 524 of MAHRAA.
        Sec. 218.  During fiscal year 2011, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
    such section 8(o), a family residing in an assisted living facility in
    any such county, on behalf of which a public housing agency provides
    assistance pursuant to section 8(o)(18) of such Act, may be required,
    at the time the family initially receives such assistance, to pay rent
    in an amount exceeding 40 percent of the monthly adjusted income of the
    family by such a percentage or amount as the Secretary of Housing and
    Urban Development determines to be appropriate.
        Sec. 219.  The Secretary of Housing and Urban Development shall
    report quarterly to the House of Representatives and Senate Committees
    on Appropriations on HUD's use of all sole source contracts, including
    terms of the contracts, cost, and a substantive rationale for using a
    sole source contract.
        Sec. 220.  Notwithstanding any other provision of law, the
    recipient of a grant under section 202b of the Housing Act of 1959 (12
    U.S.C. 1701q) after December 26, 2000, in accordance with the
    unnumbered paragraph at the end of section 202(b) of such Act, may, at
    its option, establish a single-asset nonprofit entity to own the
    project and may lend the grant funds to such entity, which may be a
    private nonprofit organization described in section 831 of the American
    Homeownership and Economic Opportunity Act of 2000.
        Sec. 221. (a) The amounts provided under the subheading ``Program
    Account'' under the heading ``Community Development Loan Guarantees''
    may be used to guarantee, or make commitments to guarantee, notes, or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974 in fiscal year
    2011 and subsequent years: Provided, That, any State receiving such a
    guarantee or commitment shall distribute all funds subject to such
    guarantee to the units of general local government in non-entitlement
    areas that received the commitment.
        (b) Not later than 60 days after the date of enactment of this Act,
    the Secretary of Housing and Urban Development shall promulgate
    regulations governing the administration of the funds described under
    subsection (a).
        Sec. 222.  Section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) is amended--
                (1) in subsection (m)(1), by striking ``fiscal year'' and
            all that follows through the period at the end and inserting
            ``fiscal year 2011.''; and
                (2) in subsection (o), by striking ``September'' and all
            that follows through the period at the end and inserting
            ``September 30, 2011.''.
        Sec. 223.  Public housing agencies that own and operate 400 or
    fewer public housing units may elect to be exempt from any asset
    management requirement imposed by the Secretary of Housing and Urban
    Development in connection with the operating fund rule: Provided, That
    an agency seeking a discontinuance of a reduction of subsidy under the
    operating fund formula shall not be exempt from asset management
    requirements.
        Sec. 224.  With respect to the use of amounts provided in this Act
    and in future Acts for the operation, capital improvement and
    management of public housing as authorized by sections 9(d) and 9(e) of
    the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
    Secretary shall not impose any requirement or guideline relating to
    asset management that restricts or limits in any way the use of capital
    funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
    of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
    Provided, That a public housing agency may not use capital funds
    authorized under section 9(d) for activities that are eligible under
    section 9(e) for assistance with amounts from the operating fund in
    excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
        Sec. 225.  No official or employee of the Department of Housing and
    Urban Development shall be designated as an allotment holder unless the
    Office of the Chief Financial Officer has determined that such
    allotment holder has implemented an adequate system of funds control
    and has received training in funds control procedures and directives.
    The Chief Financial Officer shall ensure that, not later than 90 days
    after the date of enactment of this Act, a trained allotment holder
    shall be designated for each HUD subaccount under the headings
    ``Executive Direction'' and heading ``Administration, Operations, and
    Management'' as well as each account receiving appropriations for
    ``personnel compensation and benefits'' within the Department of
    Housing and Urban Development.
        Sec. 226.  The Secretary of Housing and Urban Development shall
    report quarterly to the House of Representatives and Senate Committees
    on Appropriations on the status of all section 8 project-based housing,
    including the number of all project-based units by region as well as an
    analysis of all federally subsidized housing being refinanced under the
    Mark-to-Market program. The Secretary shall in the report identify all
    existing units maintained by region as section 8 project-based units
    and all project-based units that have opted out of section 8 or have
    otherwise been eliminated as section 8 project-based units. The
    Secretary shall identify in detail and by project all the efforts made
    by the Department to preserve all section 8 project-based housing units
    and all the reasons for any units which opted out or otherwise were
    lost as section 8 project-based units. Such analysis shall include a
    review of the impact of the loss of any subsidized units in that
    housing marketplace, such as the impact of cost and the loss of
    available subsidized, low-income housing in areas with scarce housing
    resources for low-income families.
        Sec. 227.  Payment of attorney fees in program-related litigation
    must be paid from individual program office personnel benefits and
    compensation funding. The annual budget submission for program office
    personnel benefit and compensation funding must include program-related
    litigation costs for attorney fees as a separate line item request.
        Sec. 228.  The Secretary of the Department of Housing and Urban
    Development shall for fiscal year 2011 and subsequent fiscal years,
    notify the public through the Federal Register and other means, as
    determined appropriate, of the issuance of a notice of the availability
    of assistance or notice of funding availability (NOFA) for any program
    or discretionary fund administered by the Secretary that is to be
    competitively awarded. Notwithstanding any other provision of law, for
    fiscal year 2011 and subsequent fiscal years, the Secretary may make
    the NOFA available only on the Internet at the appropriate Government
    Web site or Web site or through other electronic media, as determined
    by the Secretary.
        Sec. 229.  Upon request of the project sponsor of a project
    assisted with a loan under section 202 of the Housing Act of 1959 (as
    in effect before the enactment of the Cranston-Gonzalez National
    Affordable Housing Act), for which the Secretary's consent to
    prepayment is required, the Secretary may approve the prepayment of any
    indebtedness to the Secretary relating to any remaining principal and
    interest under the loan as part of a prepayment plan under which--
                (1) the project sponsor agrees to operate the project until
            the maturity date of the original loan under terms at least as
            advantageous to existing and future tenants as the terms
            required by the original loan agreement or any project-based
            rental assistance payments contract under section 8 of the
            United States Housing Act of 1937 (or any other project-based
            rental housing assistance programs of the Department of Housing
            and Urban Development, including the rent supplement program
            under section 101 of the Housing and Urban Development Act of
            1965 (12 U.S.C. 1701s)) or any successor project-based rental
            assistance program, except as provided by subsection (a)(2)(B);
            and
                (2) the prepayment may involve refinancing of the loan if
            such refinancing results--
                        (A) in a lower interest rate on the principal of
                    the loan for the project and in reductions in debt
                    service related to such loan; or
                        (B) in the case of a project that is assisted with
                    a loan under such section 202 carrying an interest rate
                    of 6 percent or lower, a transaction under which--
                                (i) the project owner shall address the
                            physical needs of the project;
                                (ii) the prepayment plan for the
                            transaction, including the refinancing, shall
                            meet a cost benefit analysis, as established by
                            the Secretary, that the benefit of the
                            transaction outweighs the cost of the
                            transaction including any increases in rent
                            charged to unassisted tenants;
                                (iii) the overall cost for providing rental
                            assistance under section 8 for the project (if
                            any) is not increased, except, upon approval by
                            the Secretary to--
                                        (I) mark-up-to-market contracts
                                    pursuant to section 524(a)(3) of the
                                    Multifamily Assisted Housing Reform and
                                    Affordability Act (42 U.S.C. 1437f
                                    note), as such section is carried out
                                    by the Secretary for properties owned
                                    by nonprofit organizations; or
                                        (II) mark-up-to-budget contracts
                                    pursuant to section 524(a)(4) of the
                                    Multifamily Assisted Housing Reform and
                                    Affordability Act (42 U.S.C. 1437f
                                    note), as such section is carried out
                                    by the Secretary for properties owned
                                    by eligible owners (as such term is
                                    defined in section 202(k) of the
                                    Housing Act of 1959 (12 U.S.C.
                                    1701q(k));
                                (iv) the project owner may charge tenants
                            rent sufficient to meet debt service payments
                            and operating cost requirements, as approved by
                            the Secretary, if project-based rental
                            assistance is not available or is insufficient
                            for the debt service and operating cost of the
                            project after refinancing. Such approval by the
                            Secretary--
                                        (I) shall be the basis for the
                                    owner to agree to terminate the
                                    project-based rental assistance
                                    contract that is insufficient for the
                                    debt service and operating cost of the
                                    project after refinancing; and
                                        (II) shall be an eligibility event
                                    for the project for purposes of section
                                    8(t) of the United States Housing Act
                                    of 1937 (42 U.S.C. 1437f(t));
                                (v) units to be occupied by tenants
                            assisted under section 8(t) of the United
                            States Housing Act of 1937 (42 U.S.C. 1437f(t))
                            shall, upon termination of the occupancy of
                            such tenants, become eligible for project-based
                            assistance under section 8(o)(13) of the United
                            States Housing Act of 1937 (42 U.S.C.
                            1437f(o)(13)) without regard to the percentage
                            limitations provided in such section; and
                                (vi) there shall be a use agreement of 20
                            years from the date of the maturity date of the
                            original 202 loan for all units, including
                            units to be occupied by tenants assisted under
                            section 8(t) of the United States Housing Act
                            of 1937 (42 U.S.C. 1437f(t)).
        Sec. 230.  No property identified by the Secretary of Housing and
    Urban Development as surplus Federal property for use to assist the
    homeless shall be made available to any homeless group unless the group
    is a member in good standing under any of HUD's homeless assistance
    programs or is in good standing with any other program which receives
    funds from any other Federal or State agency or entity: Provided, That
    an exception may be made for an entity not involved with Federal
    homeless programs to use surplus Federal property for the homeless only
    after the Secretary or another responsible Federal agency has fully and
    comprehensively reviewed all relevant finances of the entity, the track
    record of the entity in assisting the homeless, the ability of the
    entity to manage the property, including all costs, the ability of the
    entity to administer homeless programs in a manner that is effective to
    meet the needs of the homeless population that is expected to use the
    property and any other related issues that demonstrate a commitment to
    assist the homeless: Provided further, That the Secretary shall not
    require the entity to have cash in hand in order to demonstrate
    financial ability but may rely on the entity's prior demonstrated
    fundraising ability or commitments for in-kind donations of goods and
    services: Provided further, That the Secretary shall make all such
    information and its decision regarding the award of the surplus
    property available to the committees of jurisdiction, including a full
    justification of the appropriateness of the use of the property to
    assist the homeless as well as the appropriateness of the group seeking
    to obtain the property to use such property to assist the homeless:
    Provided further, That, this section shall apply to properties in
    fiscal years 2010 and 2011 made available as surplus Federal property
    for use to assist the homeless.
        Sec. 231.  The Secretary of the Department of Housing and Urban
    Development is authorized to transfer up to 5 percent or $5,000,000,
    whichever is less, of the funds made available for personnel or
    nonpersonnel expenses under any account under this title under the
    general heading ``Personnel Compensation and Benefits'', or under any
    set-aside within the accounts under the headings ``Executive
    Direction'' and ``Administration, Operations and Management'', to any
    other such account or any other such set-aside within such accounts:
    Provided, That any transfer over 5 percent or $5,000,000, whichever is
    less, must be submitted to and receive the prior written approval of
    the House and Senate Committees on Appropriations.
        Sec. 232.  The Disaster Housing Assistance Programs, administered
    by the Department of Housing and Urban Development, shall be considered
    a ``program of the Department of Housing and Urban Development'' under
    section 904 of the McKinney Act for the purpose of income verifications
    and matching.
        Sec. 233.  Of the amounts made available for salaries and expenses
    under all accounts under this title (except for the Office of Inspector
    General account), a total of up to $15,000,000 may be transferred to
    and merged with amounts made available in the ``Working Capital Fund''
    account or the ``Transformation Initiative'' account under this title.
    Any amounts transferred to the ``Transformation Initiative'' account
    shall only be available for information technology requirements and
    shall remain available until September 30, 2013.
        Sec. 234.  The transfer requirement established under the heading
    ``Flexible Subsidy Fund'' in Public Law 108-447 and in Public Law 109-
    115 shall not apply in fiscal year 2011 and all subsequent fiscal
    years.
        This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2011''.

                                   TITLE III

                                RELATED AGENCIES

                                  Access Board

                             salaries and expenses

        For expenses necessary for the Access Board, as authorized by
    section 502 of the Rehabilitation Act of 1973, as amended, $7,367,000:
    Provided, That, notwithstanding any other provision of law, there may
    be credited to this appropriation funds received for publications and
    training expenses.

                          Federal Maritime Commission

                             salaries and expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. App. 1111), including services as authorized by 5
    U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
    U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by
    5 U.S.C. 5901-5902, $25,300,000: Provided, That not to exceed $2,000
    shall be available for official reception and representation expenses.

                    National Railroad Passenger Corporation

                          office of inspector general

                             salaries and expenses

        For necessary expenses of the Office of Inspector General for the
    National Railroad Passenger Corporation to carry out the provisions of
    the Inspector General Act of 1978, as amended, $20,000,000: Provided,
    That the Inspector General shall have all necessary authority, in
    carrying out the duties specified in the Inspector General Act, as
    amended (5 U.S.C. App. 3), to investigate allegations of fraud,
    including false statements to the government (18 U.S.C. 1001), by any
    person or entity that is subject to regulation by the National Railroad
    Passenger Corporation: Provided further, That the Inspector General may
    enter into contracts and other arrangements for audits, studies,
    analyses, and other services with public agencies and with private
    persons, subject to the applicable laws and regulations that govern the
    obtaining of such services within the National Railroad Passenger
    Corporation: Provided further, That the Inspector General may select,
    appoint, and employ such officers and employees as may be necessary for
    carrying out the functions, powers, and duties of the Office of
    Inspector General, subject to the applicable laws and regulations that
    govern such selections, appointments, and employment within Amtrak:
    Provided further, That concurrent with the President's budget request
    for fiscal year 2012, the Inspector General shall submit to the House
    and Senate Committees on Appropriations a budget request for fiscal
    year 2012 in similar format and substance to those submitted by
    executive agencies of the Federal Government.

                      National Transportation Safety Board

                             salaries and expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $104,300,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses: Provided, That the amounts made
    available to the National Transportation Safety Board in this Act
    include amounts necessary to make lease payments on an obligation
    incurred in fiscal year 2001 for a capital lease.

                     Neighborhood Reinvestment Corporation

              payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $140,000,000, of
    which $5,000,000 shall be for a multi-family rental housing program:
    Provided, That in addition, $35,000,000 shall be made available until
    expended for capital grants to rehabilitate or finance the
    rehabilitation of affordable housing units, including necessary
    administrative expenses: Provided further, That in addition,
    $125,000,000 shall be made available until expended to the Neighborhood
    Reinvestment Corporation for mortgage foreclosure mitigation
    activities, under the following terms and conditions:
                (1) The Neighborhood Reinvestment Corporation (``NRC''),
            shall make grants to counseling intermediaries approved by the
            Department of Housing and Urban Development (HUD) (with match
            to be determined by the NRC based on affordability and the
            economic conditions of an area; a match also may be waived by
            the NRC based on the aforementioned conditions) to provide
            mortgage foreclosure mitigation assistance primarily to States
            and areas with high rates of defaults and foreclosures to help
            eliminate the default and foreclosure of mortgages of owner-
            occupied single-family homes that are at risk of such
            foreclosure. Other than areas with high rates of defaults and
            foreclosures, grants may also be provided to approved
            counseling intermediaries based on a geographic analysis of the
            Nation by the NRC which determines where there is a prevalence
            of mortgages that are risky and likely to fail, including any
            trends for mortgages that are likely to default and face
            foreclosure. A State Housing Finance Agency may also be
            eligible where the State Housing Finance Agency meets all the
            requirements under this paragraph. A HUD-approved counseling
            intermediary shall meet certain mortgage foreclosure mitigation
            assistance counseling requirements, as determined by the NRC,
            and shall be approved by HUD or the NRC as meeting these
            requirements.
                (2) Mortgage foreclosure mitigation assistance shall only
            be made available to homeowners of owner-occupied homes with
            mortgages in default or in danger of default. These mortgages
            shall likely be subject to a foreclosure action and homeowners
            will be provided such assistance that shall consist of
            activities that are likely to prevent foreclosures and result
            in the long-term affordability of the mortgage retained
            pursuant to such activity or another positive outcome for the
            homeowner. No funds made available under this paragraph may be
            provided directly to lenders or homeowners to discharge
            outstanding mortgage balances or for any other direct debt
            reduction payments.
                (3) The use of Mortgage Foreclosure Mitigation Assistance
            by approved counseling intermediaries and State Housing Finance
            Agencies shall involve a reasonable analysis of the borrower's
            financial situation, an evaluation of the current value of the
            property that is subject to the mortgage, counseling regarding
            the assumption of the mortgage by another non-Federal party,
            counseling regarding the possible purchase of the mortgage by a
            non-Federal third party, counseling and advice of all likely
            restructuring and refinancing strategies or the approval of a
            work-out strategy by all interested parties.
                (4) NRC may provide up to 15 percent of the total funds
            under this paragraph to its own charter members with expertise
            in foreclosure prevention counseling, subject to a
            certification by the NRC that the procedures for selection do
            not consist of any procedures or activities that could be
            construed as an unacceptable conflict of interest or have the
            appearance of impropriety.
                (5) HUD-approved counseling entities and State Housing
            Finance Agencies receiving funds under this paragraph shall
            have demonstrated experience in successfully working with
            financial institutions as well as borrowers facing default,
            delinquency and foreclosure as well as documented counseling
            capacity, outreach capacity, past successful performance and
            positive outcomes with documented counseling plans (including
            post mortgage foreclosure mitigation counseling), loan workout
            agreements and loan modification agreements. NRC may use other
            criteria to demonstrate capacity in underserved areas.
                (6) Of the total amount made available under this
            paragraph, up to $3,000,000 may be made available to build the
            mortgage foreclosure and default mitigation counseling capacity
            of counseling intermediaries through NRC training courses with
            HUD-approved counseling intermediaries and their partners,
            except that private financial institutions that participate in
            NRC training shall pay market rates for such training.
                (7) Of the total amount made available under this
            paragraph, up to 5 percent may be used for associated
            administrative expenses for the NRC to carry out activities
            provided under this section.
                (8) Mortgage foreclosure mitigation assistance grants may
            include a budget for outreach and advertising, and training, as
            determined by the NRC.
                (9) The NRC shall continue to report bi-annually to the
            House and Senate Committees on Appropriations as well as the
            Senate Banking Committee and House Financial Services Committee
            on its efforts to mitigate mortgage default.

               United States Interagency Council on Homelessness

                               operating expenses

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency
    Council on Homelessness in carrying out the functions pursuant to title
    II of the McKinney-Vento Homeless Assistance Act, as amended,
    $3,930,000.
        Section 209 of the McKinney-Vento Homeless Assistance Act (42
    U.S.C. 11319) is deleted.

                                    TITLE IV

                          GENERAL PROVISIONS--THIS ACT

        Sec. 401.  Such sums as may be necessary for fiscal year 2010 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 402.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 403.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 404.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to section
    3109 of title 5, United States Code, shall be limited to those
    contracts where such expenditures are a matter of public record and
    available for public inspection, except where otherwise provided under
    existing law, or under existing Executive order issued pursuant to
    existing law.
        Sec. 405.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2011, or provided from any
    accounts in the Treasury derived by the collection of fees and
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program; (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project, or activity
    for which funds have been denied or restricted by the Congress; (4)
    proposes to use funds directed for a specific activity by either the
    House or Senate Committees on Appropriations for a different purpose;
    (5) augments existing programs, projects, or activities in excess of
    $5,000,000 or 10 percent, whichever is less; (6) reduces existing
    programs, projects, or activities by $5,000,000 or 10 percent,
    whichever is less; or (7) creates, reorganizes, or restructures a
    branch, division, office, bureau, board, commission, agency,
    administration, or department different from the budget justifications
    submitted to the Committees on Appropriations or the table accompanying
    the explanatory statement accompanying this Act, whichever is more
    detailed, unless prior approval is received from the House and Senate
    Committees on Appropriations: Provided, That not later than 60 days
    after the date of enactment of this Act, each agency funded by this Act
    shall submit a report to the Committees on Appropriations of the Senate
    and of the House of Representatives to establish the baseline for
    application of reprogramming and transfer authorities for the current
    fiscal year: Provided further, That the report shall include: (1) a
    table for each appropriation with a separate column to display the
    President's budget request, adjustments made by Congress, adjustments
    due to enacted rescissions, if appropriate, and the fiscal year enacted
    level; (2) a delineation in the table for each appropriation both by
    object class and program, project, and activity as detailed in the
    budget appendix for the respective appropriation; and (3) an
    identification of items of special congressional interest: Provided
    further, That the amount appropriated or limited for salaries and
    expenses for an agency shall be reduced by $100,000 per day for each
    day after the required date that the report has not been submitted to
    the Congress.
        Sec. 406.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2011 from appropriations made available for salaries
    and expenses for fiscal year 2011 in this Act, shall remain available
    through September 30, 2012, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the House
    and Senate Committees on Appropriations for approval prior to the
    expenditure of such funds: Provided further, That these requests shall
    be made in compliance with reprogramming guidelines under section 405
    of this Act.
        Sec. 407.  All Federal agencies and departments that are funded
    under this Act shall issue a report to the House and Senate Committees
    on Appropriations on all sole-source contracts by no later than July
    30, 2011. Such report shall include the contractor, the amount of the
    contract and the rationale for using a sole-source contract.
        Sec. 408. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some
            participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 409.  No funds in this Act may be used to support any Federal,
    State, or local projects that seek to use the power of eminent domain,
    unless eminent domain is employed only for a public use: Provided, That
    for purposes of this section, public use shall not be construed to
    include economic development that primarily benefits private entities:
    Provided further, That any use of funds for mass transit, railroad,
    airport, seaport or highway projects as well as utility projects which
    benefit or serve the general public (including energy-related,
    communication-related, water-related and wastewater-related
    infrastructure), other structures designated for use by the general
    public or which have other common-carrier or public-utility functions
    that serve the general public and are subject to regulation and
    oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownsfield as defined
    in the Small Business Liability Relief and Brownsfield Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.
        Sec. 410.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 411.  No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has
    within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his former position and has not been
    restored thereto.
        Sec. 412.  No funds appropriated pursuant to this Act may be
    expended in contravention of sections 2 through 4 of the Act of March
    3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American
    Act'').
        Sec. 413.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 414.  None of the funds made available in this Act may be used
    for first-class airline accommodations in contravention of sections
    301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
        Sec. 415.  None of the funds made available in this Act may be used
    to purchase a light bulb for an office building unless the light bulb
    has, to the extent practicable, an Energy Star or Federal Energy
    Management Program designation.
        Sec. 416.  After any notice of funding availability or any other
    notice designed to solicit applications for funding issued by either of
    the following departments for a competitive grant program with an
    annual budget, including grants, equal to or exceeding $100,000,000, or
    for the Department of Transportation's Grants for Energy Efficiency and
    Greenhouse Gas Reductions program, the Secretary of the Department of
    Transportation and the Secretary of Housing and Urban Development shall
    post on their Web sites the following information regarding any of the
    applicable programs including, but not limited to, the primary purpose
    of the grant program, the criteria for grant selection, and the process
    for the decisionmaking by the Department: Provided, That once all valid
    applications have been received by the Department for a program by a
    date certain established by the Department, the Department shall post
    on its Web site a summary of the primary information in each grant
    application, including the applicant's name, address, phone number,
    point of contact, and the primary funding or other request of each
    grantee: Provided further, That a department shall post on its Web site
    the name of all successful grantees, the grant award amount, and the
    justification for the selection by the department as well as the
    methodology for the award selections, including how the selected awards
    are consistent with program goals, and as soon as is available, a
    summary of all benchmarks and deadlines that are expected to be met by
    a grantee.
        Sec. 417. (a) None of the funds made available in this Act may be
    used to establish, issue, implement, administer, or enforce any
    prohibition or restriction on the establishment or effectiveness of any
    occupancy preference for veterans in supportive housing for the elderly
    that: (1) is provided assistance by the Department of Housing and Urban
    Development; and (2)(A) is or would be located on property of the
    Department of Veterans Affairs; or (B) is subject to an enhanced use
    lease with the Department of Veterans Affairs.

         TITLE V--EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS

    SEC. 501. SHORT TITLE; RECONCILIATION OF FUNDS.

        (a) Short Title.--This title may be cited as the ``Surface
    Transportation Extension Act of 2010, Part II''.
        (b) Reconciliation of Funds.--The Secretary of Transportation shall
    reduce the amount apportioned or allocated for a program, project, or
    activity under this title in fiscal year 2011 by amounts apportioned or
    allocated pursuant to the Surface Transportation Extension Act of 2010
    for the period beginning on October 1, 2010, and ending on December 31,
    2010.

                        Subtitle A--Federal-Aid Highways

    SEC. 511. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

        (a) In General.--Section 411 of the Surface Transportation
    Extension Act of 2010 (Public Law 111-147; 124 Stat. 78) is amended--
                (1) by striking ``the period beginning on October 1, 2010,
            and ending on December 31, 2010'' each place it appears (except
            in subsection (c)(2)) and inserting ``fiscal year 2011'';
                (2) in subsection (a) by striking ``December 31, 2010'' and
            inserting ``September 30, 2011'';
                (3) in subsection (b)(2) by striking ``\1/4\ of'';
                (4) in subsection (c)--
                        (A) in paragraph (2)--
                                (i) by striking ``\1/4\ of''; and
                                (ii) by striking ``the period beginning on
                            October 1, 2010, and ending on December 31,
                            2010,'' and inserting ``fiscal year 2011'';
                        (B) in paragraph (4)--
                                (i) in subparagraph (A)(ii) by striking ``,
                            except that during such period obligations
                            subject to such limitation shall not exceed \1/
                            4\ of the limitation on obligations included in
                            an Act making appropriations for fiscal year
                            2011''; and
                                (ii) in subparagraph (B)(ii)(II) by
                            striking ``$159,750,000'' and inserting
                            ``$639,000,000''; and
                        (C) by striking paragraph (5);
                (5) in subsection (d)--
                        (A) by striking ``\1/4\ of'' each place it appears;
                    and
                        (B) in paragraph (2)(A)--
                                (i) in the matter preceding clause (i) by
                            striking ``apportioned under sections 104(b)
                            and 144 of title 23, United States Code,'' and
                            inserting ``specified in section 105(a)(2) of
                            title 23, United States Code (except the high
                            priority projects program),''; and
                                (ii) in clause (ii) by striking
                            ``apportioned under such sections of such
                            Code'' and inserting ``specified in such
                            section 105(a)(2) (except the high priority
                            projects program)''; and
                (6) in subsection (e)(1)(B) by striking ``\1/4\''.
        (b) Administrative Expenses.--Section 412(a)(2) of the Surface
    Transportation Extension Act of 2010 (Public Law 111-147; 124 Stat. 83)
    is amended--
                (1) by striking ``$105,606,250'' and inserting
            ``$422,425,000''; and
                (2) by striking ``the period beginning on October 1, 2010,
            and ending on December 31, 2010'' and inserting ``fiscal year
            2011''.

           Subtitle B--Extension of National Highway Traffic Safety
       Administration, Federal Motor Carrier Safety Administration, and
                              Additional Programs

    SEC. 521. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
                  HIGHWAY SAFETY PROGRAMS.

        (a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of
    SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $58,750,000
    for the period beginning on October 1, 2010, and ending on December 31,
    2010.'' and inserting ``and $235,000,000 for fiscal year 2011.''.
        (b) Highway Safety Research and Development.--Section 2001(a)(2) of
    SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $27,061,000
    for the period beginning on October 1, 2010, and ending on December 31,
    2010.'' and inserting ``and $108,244,000 for fiscal year 2011.''.
        (c) Occupant Protection Incentive Grants.--Section 2001(a)(3) of
    SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $6,250,000 for
    the period beginning on October 1, 2010, and ending on December 31,
    2010.'' and inserting ``and $25,000,000 for fiscal year 2011.''.
        (d) Safety Belt Performance Grants.--Section 2001(a)(4) of SAFETEA-
    LU (119 Stat. 1519) is amended by striking ``and $31,125,000 for the
    period beginning on October 1, 2010, and ending on December 31, 2010.''
    and inserting ``and $124,500,000 for fiscal year 2011.''.
        (e) State Traffic Safety Information System Improvements.--Section
    2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
    $8,625,000 for the period beginning on October 1, 2010, and ending on
    December 31, 2010.'' and inserting ``and $34,500,000 for fiscal year
    2011.''.
        (f) Alcohol-impaired Driving Countermeasures Incentive Grant
    Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is amended
    by striking ``and $34,750,000 for the period beginning on October 1,
    2010, and ending on December 31, 2010.'' and inserting ``and
    $139,000,000 for fiscal year 2011.''.
        (g) National Driver Register.--Section 2001(a)(7) of SAFETEA-LU
    (119 Stat. 1520) is amended by striking ``and $1,029,000 for the period
    beginning on October 1, 2010, and ending on December 31, 2010.'' and
    inserting ``and $4,116,000 for fiscal year 2011.''.
        (h) High Visibility Enforcement Program.--Section 2001(a)(8) of
    SAFETEA-LU (119 Stat. 1520) is amended by striking ``and $7,250,000 for
    the period beginning on October 1, 2010, and ending on December 31,
    2010.'' and inserting ``and $29,000,000 for fiscal year 2011.''.
        (i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU (119
    Stat. 1520) is amended by striking ``and $1,750,000 for the period
    beginning on October 1, 2010, and ending on December 31, 2010.'' and
    inserting ``and $7,000,000 for fiscal year 2011.''.
        (j) Child Safety and Child Booster Seat Safety Incentive Grants.--
    Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is amended by
    striking ``and $1,750,000 for the period beginning on October 1, 2010,
    and ending on December 31, 2010.'' and inserting ``and $7,000,000 for
    fiscal year 2011.''.
        (k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-LU
    (119 Stat. 1520) is amended by striking ``and $6,332,000 for the period
    beginning on October 1, 2010, and ending on December 31, 2010.'' and
    inserting ``and $25,328,000 for fiscal year 2011.''.

    SEC. 522. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
                  PROGRAMS.

        (a) Motor Carrier Safety Grants.--Section 31104(a)(7) of title 49,
    United States Code, is amended by striking ``$52,679,000 for the period
    beginning on October 1, 2010, and ending on December 31, 2010.'' and
    inserting ``$209,000,000 for fiscal year 2011.''.
        (b) Administrative Expenses.--Section 31104(i)(1)(G) of title 49,
    United States Code, is amended by striking ``$61,036,000 for the period
    beginning on October 1, 2010, and ending on December 31, 2010.'' and
    inserting ``$244,144,000 for fiscal year 2011.''.
        (c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715)
    is amended--
                (1) in paragraph (1)--
                        (A) by striking ``and'' after ``2009,''; and
                        (B) by striking ``and $6,301,000 for the period
                    beginning on October 1, 2010, and ending on December
                    31, 2010'' and inserting ``and $25,000,000 for fiscal
                    year 2011'';
                (2) in paragraph (2) by striking ``and $8,066,000 for the
            period beginning on October 1, 2010, and ending on December 31,
            2010'' and inserting ``and $32,000,000 for fiscal year 2011'';
                (3) in paragraph (3) by striking ``and $1,260,000 for the
            period beginning on October 1, 2010, and ending on December 31,
            2010'' and inserting ``and $5,000,000 for fiscal year 2011'';
                (4) in paragraph (4) by striking ``and $6,301,000 for the
            period beginning on October 1, 2010, and ending on December 31,
            2010'' and inserting ``and $25,000,000 for fiscal year 2011'';
            and
                (5) in paragraph (5) by striking ``and $756,000 for the
            period beginning on October 1, 2010, and ending on December 31,
            2010'' and inserting ``and $3,000,000 for fiscal year 2011''.
        (d) High-Priority Activities.--Section 31104(k)(2) of title 49,
    United States Code, is amended by striking ``and $3,781,000 for the
    period beginning on October 1, 2010, and ending on December 31, 2010''
    and inserting ``and $15,000,000 for fiscal year 2011''.
        (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
    States Code, is amended by striking ``(and up to $7,310,000 for the
    period beginning on October 1, 2010, and ending on December 31,
    2010)''.
        (f) Commercial Driver's License Information System Modernization.--
    Section 4123(d)(6) of SAFETEA-LU (119 Stat. 1736) is amended by
    striking ``$2,016,000 for the period beginning on October 1, 2010, and
    ending on December 31, 2010.'' and inserting ``$8,000,000 for fiscal
    year 2011.''.
        (g) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119
    Stat. 1741) is amended by striking ``and 2010'' and all that follows
    before ``to carry out'' and inserting ``2010, and 2011''.
        (h) Grant Program for Commercial Motor Vehicle Operators.--Section
    4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by striking ``2009,
    2010, and $252,000 for the period beginning on October 1, 2010, and
    ending on December 31, 2010,'' and inserting ``2011''.
        (i) Motor Carrier Safety Advisory Committee.--Section 4144(d) of
    SAFETEA-LU (119 Stat. 1748) is amended by striking ``December 31,
    2010'' and inserting ``September 30, 2011''.
        (j) Working Group for Development of Practices and Procedures to
    Enhance Federal-State Relations.--Section 4213(d) of SAFETEA-LU (49
    U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ``December
    31, 2010'' and inserting ``September 30, 2011''.

    SEC. 523. ADDITIONAL PROGRAMS.

        (a) Hazardous Materials Research Projects.--Section 7131(c) of
    SAFETEA-LU (119 Stat. 1910) is amended by striking ``through 2010'' and
    all that follows before ``shall be available'' and inserting ``through
    2011''.
        (b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the
    Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is
    amended--
                (1) in subsection (a) by striking ``For each of fiscal
            years 2006'' and all that follows before paragraph (1) and
            inserting the following: ``For each of fiscal years 2006
            through 2011, the balance of each annual appropriation made in
            accordance with the provisions of section 3 remaining after the
            distributions for administrative expenses and other purposes
            under subsection (b) and for multistate conservation grants
            under section 14 shall be distributed as follows:''; and
                (2) in subsection (b)(1)(A) by striking the first sentence
            and inserting the following: ``From the annual appropriation
            made in accordance with section 3, for each of fiscal years
            2006 through 2011, the Secretary of the Interior may use no
            more than the amount specified in subparagraph (B) for the
            fiscal year for expenses for administration incurred in the
            implementation of this Act, in accordance with this section and
            section 9.''.
        (c) Surface Transportation Project Delivery Pilot Program.--Section
    327(i)(1) of title 23, United States Code, is amended by striking ``6
    years after'' and inserting ``7 years after''.
        (d) Implementation of Future Strategic Highway Research Program.--
    Section 510 of title 23, United States Code, is amended by adding at
    the end the following:
        ``(h) Implementation.--Notwithstanding any other provision of this
    section, the Secretary may use funds made available to carry out this
    section for implementation of research products related to the future
    strategic highway research program, including development,
    demonstration, evaluation, and technology transfer activities.''.

                   Subtitle C--Public Transportation Programs

    SEC. 531. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

        Section 5305(g) of title 49, United States Code, is amended by
    striking ``2010, and for the period beginning October 1, 2010, and
    ending December 31, 2010,'' and inserting ``2011''.

    SEC. 532. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.

        Section 5307(b)(2) of title 49, United States Code, is amended--
                (1) in the paragraph heading by striking ``2010, and the
            period beginning october 1, 2010, and ending december 31,
            2010'' and inserting ``2011'';
                (2) in subparagraph (A) by striking ``2010, and the period
            beginning October 1, 2010, and ending December 31, 2010,'' and
            inserting ``2011,''; and
                (3) in subparagraph (E)--
                        (A) in the subparagraph heading by striking ``2010
                    and during the period beginning october 1, 2010, and
                    ending december 31, 2010'' and inserting ``2011''; and
                        (B) in the matter preceding clause (i) by striking
                    ``In fiscal years 2008 through 2010, and during the
                    period beginning October 1, 2010, and ending December
                    31, 2010,'' and inserting ``In each of fiscal years
                    2008 through 2011''.

    SEC. 533. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

        Section 5309(m) of title 49, United States Code, is amended--
                (1) in paragraph (2)--
                        (A) in the paragraph heading by striking ``2010 and
                    october 1, 2010, through december 31, 2010'' and
                    inserting ``2011'';
                        (B) in the matter preceding subparagraph (A) by
                    striking ``2010, and during the period beginning
                    October 1, 2010, and ending December 31, 2010,'' and
                    inserting ``2011''; and
                        (C) in subparagraph (A)(i) by striking ``2010, and
                    $50,000,000 for the period beginning October 1, 2010,
                    and ending December 31, 2010,'' and inserting ``2011'';
                (2) in paragraph (6)--
                        (A) in subparagraph (B) by striking ``2010, and
                    $3,750,000 shall be available for the period beginning
                    October 1, 2010, and ending December 31, 2010,'' and
                    inserting ``2011''; and
                        (B) in subparagraph (C) by striking ``2010, and
                    $1,250,000 shall be available for the period beginning
                    October 1, 2010 and ending December 31, 2010,'' and
                    inserting ``2011''; and
                (3) in paragraph (7)--
                        (A) in subparagraph (A)--
                                (i) by striking ``(A) Ferry boat systems.--
                            '' and all that follows through ``(i) Fiscal
                            year 2006 through 2010.--$10,000,000 shall be
                            available in each of fiscal years 2006 through
                            2010'' and inserting the following:
                        ``(A) Ferry boat systems.--$10,000,000 shall be
                    available in each of fiscal years 2006 through 2011'';
                                (ii) by striking clause (ii);
                                (iii) by redesignating subclauses (I)
                            through (VIII) as clauses (i) through (viii),
                            respectively, and moving the text of such
                            clauses 2 ems to the left; and
                                (iv) by inserting a period at the end of
                            clause (iv) (as so redesignated);
                        (B) by striking subparagraph (B)(vi) and inserting
                    the following:
                                ``(vi) $13,500,000 for fiscal year 2011.'';
                        (C) in subparagraph (C) by striking ``, and during
                    the period beginning October 1, 2010, and ending
                    December 31, 2010,'';
                        (D) in subparagraph (D) by striking ``, and not
                    less than $8,750,000 shall be available for the period
                    beginning October 1, 2010, and ending December 31,
                    2010,''; and
                        (E) in subparagraph (E) by striking ``, and
                    $750,000 shall be available for the period beginning
                    October 1, 2010, and ending December 31, 2010,''.

    SEC. 534. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED
                  AREAS.

        Section 5311(c)(1)(F) of title 49, United States Code, is amended
    to read as follows:
                        ``(F) $15,000,000 for fiscal year 2011.''.

    SEC. 535. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

        Section 5337 of title 49, United States Code, is amended--
                (1) in subsection (a), in the matter preceding paragraph
            (1), by striking ``2010'' and inserting ``2011''; and
                (2) by striking subsection (g).

    SEC. 536. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

        (a) Formula and Bus Grants.--Section 5338(b) of title 49, United
    States Code, is amended--
                (1) by striking paragraph (1)(F) and inserting the
            following:
                        ``(F) $8,360,565,000 for fiscal year 2011.''; and
                (2) in paragraph (2)--
                        (A) in subparagraph (A) by striking ``$28,375,000
                    for the period beginning October 1, 2010, and ending
                    December 31, 2010,'' and inserting ``$113,500,000 for
                    fiscal year 2011'';
                        (B) in subparagraph (B) by striking
                    ``$1,040,091,250 for the period beginning October 1,
                    2010, and ending December 31, 2010,'' and inserting
                    ``$4,160,365,000 for fiscal year 2011'';
                        (C) in subparagraph (C) by striking ``$12,875,000
                    for the period beginning October 1, 2010, and ending
                    December 31, 2010,'' and inserting ``$51,500,000 for
                    fiscal year 2011'';
                        (D) in subparagraph (D) by striking ``$416,625,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$1,666,500,000 for
                    fiscal year 2011'';
                        (E) in subparagraph (E) by striking ``$246,000,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$984,000,000 for
                    fiscal year 2011'';
                        (F) in subparagraph (F) by striking ``$33,375,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$133,500,000 for
                    fiscal year 2011'';
                        (G) in subparagraph (G) by striking ``$116,250,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$465,000,000 for
                    fiscal year 2011'';
                        (H) in subparagraph (H) by striking ``$41,125,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$164,500,000 for
                    fiscal year 2011'';
                        (I) in subparagraph (I) by striking ``$23,125,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$92,500,000 for
                    fiscal year 2011'';
                        (J) in subparagraph (J) by striking ``$6,725,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$26,900,000 for
                    fiscal year 2011'';
                        (K) in subparagraph (K) by striking ``$875,000 for
                    the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$3,500,000 for
                    fiscal year 2011'';
                        (L) in subparagraph (L) by striking ``$6,250,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$25,000,000 for
                    fiscal year 2011'';
                        (M) in subparagraph (M) by striking ``$116,250,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$465,000,000 for
                    fiscal year 2011''; and
                        (N) in subparagraph (N) by striking ``$2,200,000
                    for the period beginning October 1, 2010 and ending
                    December 31, 2010,'' and inserting ``$8,800,000 for
                    fiscal year 2011''.
        (b) Capital Investment Grants.--Section 5338(c)(6) of title 49,
    United States Code, is amended to read as follows:
                ``(6) $2,000,000,000 for fiscal year 2011.''.
        (c) Research and University Research Centers.--Section 5338(d) of
    title 49, United States Code, is amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A) by
                    striking ``$17,437,500 for the period beginning October
                    1, 2010, and ending December 31, 2010'' and inserting
                    ``$69,750,000 for fiscal year 2011''; and
                        (B) in subparagraph (A) by striking ``fiscal year
                    2009'' and inserting ``each of fiscal years 2009, 2010,
                    and 2011'';
                (2) in paragraph (2)(A)--
                        (A) in clauses (i), (ii), and (iii) by striking
                    ``2009'' and inserting ``2011''; and
                        (B) in clauses (v), (vi), (vii), and (viii) by
                    striking ``and 2009'' and inserting ``through 2011'';
                    and
                (3) by striking paragraph (3) and inserting the following:
                ``(3) Funding.--If the Secretary determines that a project
            or activity described in paragraph (2) received sufficient
            funds in fiscal year 2010, or a previous fiscal year, to carry
            out the purpose for which the project or activity was
            authorized, the Secretary may not allocate any amounts under
            paragraph (2) for the project or activity for fiscal year 2011,
            or any subsequent fiscal year.''.
        (d) Administration.--Section 5338(e)(6) of title 49, United States
    Code, is amended to read as follows:
                ``(6) $98,911,000 for fiscal year 2011.''.

    SEC. 537. AMENDMENTS TO SAFETEA-LU.

        (a) Contracted Paratransit Pilot.--Section 3009(i)(1) of SAFETEA-LU
    (119 Stat. 1572) is amended by striking ``2010, and for the period
    beginning October 1, 2010, and ending December 31, 2010'' and inserting
    ``2011''.
        (b) Public-private Partnership Pilot Program.--Section 3011 of
    SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended--
                (1) in subsection (c)(5) by striking ``2010 and the period
            beginning October 1, 2010, and ending December 31, 2010'' and
            inserting ``2011''; and
                (2) in subsection (d) by striking ``2010, and for the
            period beginning October 1, 2010, and ending December 31,
            2010'' and inserting ``2011''.
        (c) Elderly Individuals and Individuals With Disabilities Pilot
    Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C. 5310 note; 119
    Stat. 1593) is amended by striking ``December 31, 2010'' and inserting
    ``September 30, 2011''.
        (d) Obligation Ceiling.--Section 3040(7) of SAFETEA-LU (119 Stat.
    1639) is amended to read as follows:
                ``(7) $10,507,752,000 for fiscal year 2011, of which not
            more than $8,360,565,000 shall be from the Mass Transit
            Account.''.
        (e) Project Authorizations for New Fixed Guideway Capital
    Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is amended--
                (1) in subsection (b), in the matter preceding paragraph
            (1), by striking ``2010, and for the period beginning October
            1, 2010, and ending December 31, 2010,'' and inserting
            ``2011''; and
                (2) in subsection (c), in the matter preceding paragraph
            (1), by striking ``2010, and for the period beginning October
            1, 2010, and ending December 31, 2010,'' and inserting
            ``2011''.
        (f) Allocations for National Research and Technology Programs.--
    Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706) is
    amended--
                (1) in subsection (b) by striking ``or period'';
                (2) by striking subsection (c) and inserting the following:
        ``(c) Additional Appropriations.--The Secretary shall allocate
    amounts appropriated pursuant to section 5338(d) of title 49, United
    States Code, for national research and technology programs under
    sections 5312, 5314, and 5322 of such title for fiscal years 2010 and
    2011, in amounts equal to the amounts allocated for fiscal year 2009
    under each of paragraphs (2), (3), (5), (6), and (8) through (25) of
    subsection (a).''; and
                (3) in subsection (d)--
                        (A) by striking ``2009'' and inserting ``2010'';
                    and
                        (B) by striking ``2010'' and inserting ``2011''.

    SEC. 538. LEVEL OF OBLIGATION LIMITATIONS.

        (a) Highway Category.--Section 8003(a) of SAFETEA-LU (2 U.S.C. 901
    note; 119 Stat. 1917) is amended--
                (1) in paragraph (6) by striking ``for the period beginning
            on October 1, 2009, and ending on September 30, 2010,'' and
            inserting ``for fiscal year 2010,''; and
                (2) by striking paragraph (7) and inserting the following:
                ``(7) for fiscal year 2011, $42,469,970,178.''.
        (b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU (2 U.S.C.
    901 note; 119 Stat. 1917) is amended--
                (1) in paragraph (6) by striking ``for the period beginning
            on October 1, 2009, and ending on December 31, 2010,'' and
            inserting ``for fiscal year 2010,''; and
                (2) by striking paragraph (7) and inserting the following:
                ``(7) for fiscal year 2011, $10,338,065,000.''.

                 Subtitle D--Extension of Expenditure Authority

    SEC. 541. EXTENSION OF EXPENDITURE AUTHORITY.

        (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
    of 1986 is amended--
                (1) by striking ``December 31, 2010 (January 1, 2011, in
            the case of expenditures for administrative expenses)'' in
            subsections (b)(6)(B) and (c)(1) and inserting ``October 1,
            2011'',
                (2) by striking ``the Surface Transportation Extension Act
            of 2010'' in subsections (c)(1) and (e)(3) and inserting ``the
            Surface Transportation Extension Act of 2010, Part II'', and
                (3) by striking ``January 1, 2011'' in subsection (e)(3)
            and inserting ``October 1, 2011''.
        (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
    the Internal Revenue Code of 1986 is amended--
                (1) by striking ``Surface Transportation Extension Act of
            2010'' each place it appears in subsection (b)(2) and inserting
            ``Surface Transportation Extension Act of 2010, Part II'', and
                (2) by striking ``January 1, 2011'' in subsection (d)(2)
            and inserting ``October 1, 2011''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on December 31, 2010.

                    TITLE VI--EXTENSION OF AVIATION PROGRAMS

    SECTION 601. SHORT TITLE.

        This title may be cited as the ``Airport and Airway Extension Act
    of 2010, Part IV''.

    SEC. 602. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

        (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
    Internal Revenue Code of 1986 is amended by striking ``December 31,
    2010'' and inserting ``September 30, 2011''.
        (b) Ticket Taxes.--
                (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
            Internal Revenue Code of 1986 is amended by striking ``December
            31, 2010'' and inserting ``September 30, 2011''.
                (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
            Code is amended by striking ``December 31, 2010'' and inserting
            ``September 30, 2011''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2011.

    SEC. 603. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
                  AUTHORITY.

        (a) In General.--Paragraph (1) of section 9502(d) of the Internal
    Revenue Code of 1986 is amended--
                (1) by striking ``January 1, 2011'' and inserting ``October
            1, 2011''; and
                (2) by inserting ``or the Airport and Airway Extension Act
            of 2010, Part IV'' before the semicolon at the end of
            subparagraph (A).
        (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
    Code is amended by striking ``January 1, 2011'' and inserting ``October
    1, 2011''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2011.

    SEC. 604. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

        (a) Authorization of Appropriations.--Section 48103(8) of title 49,
    United States Code, is amended to read as follows:
                ``(8) $3,700,000,000 for fiscal year 2011.''.
        (b) Project Grant Authority.--Section 47104(c) of such title is
    amended by striking ``December 31, 2010,'' and inserting ``September
    30, 2011,''.

    SEC. 605. EXTENSION OF EXPIRING AUTHORITIES.

        (a) Section 40117(l)(7) of title 49, United States Code, is amended
    by striking ``January 1, 2011.'' and inserting ``October 1, 2011.''.
        (b) Section 44302(f)(1) of such title is amended--
                (1) by striking ``December 31, 2010,'' and inserting
            ``September 30, 2011,''; and
                (2) by striking ``March 31, 2011,'' and inserting
            ``December 31, 2011,''.
        (c) Section 44303(b) of such title is amended by striking ``March
    31, 2011,'' and inserting ``December 31, 2011,''.
        (d) Section 47107(s)(3) of such title is amended by striking
    ``January 1, 2011.'' and inserting ``October 1, 2011.''.
        (e) Section 47115(j) of such title is amended by striking ``fiscal
    years 2004 through 2010, and for the portion of fiscal year 2011 ending
    before January 1, 2011,'' and inserting ``fiscal years 2004 through
    2011,''.
        (f) Section 47141(f) of such title is amended by striking
    ``December 31, 2010.'' and inserting ``September 30, 2011.''.
        (g) Section 49108 of such title is amended by striking ``December
    31, 2010,'' and inserting ``September 30, 2011,''.
        (h) Section 161 of the Vision 100--Century of Aviation
    Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
    ``fiscal year 2009 or 2010, or in the portion of fiscal year 2011
    ending before January 1, 2011,'' and inserting ``fiscal year 2009,
    2010, or 2011''.
        (i) Section 186(d) of such Act (117 Stat. 2518) is amended by
    striking ``for fiscal years ending before October 1, 2010, and for the
    portion of fiscal year 2011 ending before January 1, 2011,'' and
    inserting ``for fiscal years ending before October 1, 2011,''.
        (j) The amendments made by this section shall take effect on
    January 1, 2011.
        This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2011''.

                            DIVISION M--FOOD SAFETY

    SEC. 6001. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``FDA Food
    Safety Modernization Act''.
        (b) References.--Except as otherwise specified, whenever in this
    division an amendment is expressed in terms of an amendment to a
    section or other provision, the reference shall be considered to be
    made to a section or other provision of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 301 et seq.).
        (c) Table of Contents.--The table of contents for this division is
    as follows:

                            DIVISION D--FOOD SAFETY

    Sec. 6001. Short title; references; table of contents.
          TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

    Sec. 6101. Inspections of records.
    Sec. 6102. Registration of food facilities.
    Sec. 6103. Hazard analysis and risk-based preventive controls.
    Sec. 6104. Performance standards.
    Sec. 6105. Standards for produce safety.
    Sec. 6106. Protection against intentional adulteration.
    Sec. 6107. Authority to collect fees.
    Sec. 6108. National agriculture and food defense strategy.
    Sec. 6109. Food and Agriculture Coordinating Councils.
    Sec. 6110. Building domestic capacity.
    Sec. 6111. Sanitary transportation of food.
    Sec. 6112. Food allergy and anaphylaxis management.
    Sec. 6113. New dietary ingredients.
    Sec. 6114. Requirement for guidance relating to post-harvest processing
                                of raw oysters.
    Sec. 6115. Port shopping.
    Sec. 6116. Alcohol-related facilities.
       TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
                                    PROBLEMS

    Sec. 6201. Targeting of inspection resources for domestic facilities,
                                foreign facilities, and ports of entry;
                                annual report.
    Sec. 6202. Laboratory accreditation for analyses of foods.
    Sec. 6203. Integrated consortium of laboratory networks.
    Sec. 6204. Enhancing tracking and tracing of food and recordkeeping.
    Sec. 6205. Surveillance.
    Sec. 6206. Mandatory recall authority.
    Sec. 6207. Administrative detention of food.
    Sec. 6208. Decontamination and disposal standards and plans.
    Sec. 6209. Improving the training of State, local, territorial, and
                                tribal food safety officials.
    Sec. 6210. Enhancing food safety.
    Sec. 6211. Improving the reportable food registry.
                TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

    Sec. 6301. Foreign supplier verification program.
    Sec. 6302. Voluntary qualified importer program.
    Sec. 6303. Authority to require import certifications for food.
    Sec. 6304. Prior notice of imported food shipments.
    Sec. 6305. Building capacity of foreign governments with respect to
                                food safety.
    Sec. 6306. Inspection of foreign food facilities.
    Sec. 6307. Accreditation of third-party auditors.
    Sec. 6308. Foreign offices of the Food and Drug Administration.
    Sec. 6309. Smuggled food.
                       TITLE IV--MISCELLANEOUS PROVISIONS

    Sec. 6401. Funding for food safety.
    Sec. 6402. Employee protections.
    Sec. 6403. Jurisdiction; authorities.
    Sec. 6404. Compliance with international agreements.
    Sec. 6405. Determination of budgetary effects.

          TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

    SEC. 6101. INSPECTIONS OF RECORDS.

        (a) In General.--Section 414(a) (21 U.S.C. 350c(a)) is amended--
                (1) by striking the subsection heading and all that follows
            through ``of food is'' and inserting the following: ``Records
            Inspection.--
                ``(1) Adulterated food.--If the Secretary has a reasonable
            belief that an article of food, and any other article of food
            that the Secretary reasonably believes is likely to be affected
            in a similar manner, is'';
                (2) by inserting ``, and to any other article of food that
            the Secretary reasonably believes is likely to be affected in a
            similar manner,'' after ``relating to such article'';
                (3) by striking the last sentence; and
                (4) by inserting at the end the following:
                ``(2) Use of or exposure to food of concern.--If the
            Secretary believes that there is a reasonable probability that
            the use of or exposure to an article of food, and any other
            article of food that the Secretary reasonably believes is
            likely to be affected in a similar manner, will cause serious
            adverse health consequences or death to humans or animals, each
            person (excluding farms and restaurants) who manufactures,
            processes, packs, distributes, receives, holds, or imports such
            article shall, at the request of an officer or employee duly
            designated by the Secretary, permit such officer or employee,
            upon presentation of appropriate credentials and a written
            notice to such person, at reasonable times and within
            reasonable limits and in a reasonable manner, to have access to
            and copy all records relating to such article and to any other
            article of food that the Secretary reasonably believes is
            likely to be affected in a similar manner, that are needed to
            assist the Secretary in determining whether there is a
            reasonable probability that the use of or exposure to the food
            will cause serious adverse health consequences or death to
            humans or animals.
                ``(3) Application.--The requirement under paragraphs (1)
            and (2) applies to all records relating to the manufacture,
            processing, packing, distribution, receipt, holding, or
            importation of such article maintained by or on behalf of such
            person in any format (including paper and electronic formats)
            and at any location.''.
        (b) Conforming Amendment.--Section 704(a)(1)(B) (21 U.S.C.
    374(a)(1)(B)) is amended by striking ``section 414 when'' and all that
    follows through ``subject to'' and inserting ``section 414, when the
    standard for records inspection under paragraph (1) or (2) of section
    414(a) applies, subject to''.

    SEC. 6102. REGISTRATION OF FOOD FACILITIES.

        (a) Updating of Food Category Regulations; Biennial Registration
    Renewal.--Section 415(a) (21 U.S.C. 350d(a)) is amended--
                (1) in paragraph (2), by--
                        (A) striking ``conducts business and'' and
                    inserting ``conducts business, the e-mail address for
                    the contact person of the facility or, in the case of a
                    foreign facility, the United States agent for the
                    facility, and''; and
                        (B) inserting ``, or any other food categories as
                    determined appropriate by the Secretary, including by
                    guidance'' after ``Code of Federal Regulations'';
                (2) by redesignating paragraphs (3) and (4) as paragraphs
            (4) and (5), respectively; and
                (3) by inserting after paragraph (2) the following:
                ``(3) Biennial registration renewal.--During the period
            beginning on October 1 and ending on December 31 of each even-
            numbered year, a registrant that has submitted a registration
            under paragraph (1) shall submit to the Secretary a renewal
            registration containing the information described in paragraph
            (2). The Secretary shall provide for an abbreviated
            registration renewal process for any registrant that has not
            had any changes to such information since the registrant
            submitted the preceding registration or registration renewal
            for the facility involved.''.
        (b) Suspension of Registration.--
                (1) In general.--Section 415 (21 U.S.C. 350d) is amended--
                        (A) in subsection (a)(2), by inserting after the
                    first sentence the following: ``The registration shall
                    contain an assurance that the Secretary will be
                    permitted to inspect such facility at the times and in
                    the manner permitted by this Act.'';
                        (B) by redesignating subsections (b) and (c) as
                    subsections (c) and (d), respectively; and
                        (C) by inserting after subsection (a) the
                    following:
        ``(b) Suspension of Registration.--
                ``(1) In general.--If the Secretary determines that food
            manufactured, processed, packed, received, or held by a
            facility registered under this section has a reasonable
            probability of causing serious adverse health consequences or
            death to humans or animals, the Secretary may by order suspend
            the registration of a facility--
                        ``(A) that created, caused, or was otherwise
                    responsible for such reasonable probability; or
                        ``(B)(i) that knew of, or had reason to know of,
                    such reasonable probability; and
                        ``(ii) packed, received, or held such food.
                ``(2) Hearing on suspension.--The Secretary shall provide
            the registrant subject to an order under paragraph (1) with an
            opportunity for an informal hearing, to be held as soon as
            possible but not later than 2 business days after the issuance
            of the order or such other time period, as agreed upon by the
            Secretary and the registrant, on the actions required for
            reinstatement of registration and why the registration that is
            subject to suspension should be reinstated. The Secretary shall
            reinstate a registration if the Secretary determines, based on
            evidence presented, that adequate grounds do not exist to
            continue the suspension of the registration.
                ``(3) Post-hearing corrective action plan; vacating of
            order.--
                        ``(A) Corrective action plan.--If, after providing
                    opportunity for an informal hearing under paragraph
                    (2), the Secretary determines that the suspension of
                    registration remains necessary, the Secretary shall
                    require the registrant to submit a corrective action
                    plan to demonstrate how the registrant plans to correct
                    the conditions found by the Secretary. The Secretary
                    shall review such plan not later than 14 days after the
                    submission of the corrective action plan or such other
                    time period as determined by the Secretary.
                        ``(B) Vacating of order.--Upon a determination by
                    the Secretary that adequate grounds do not exist to
                    continue the suspension actions required by the order,
                    or that such actions should be modified, the Secretary
                    shall promptly vacate the order and reinstate the
                    registration of the facility subject to the order or
                    modify the order, as appropriate.
                ``(4) Effect of suspension.--If the registration of a
            facility is suspended under this subsection, no person shall
            import or export food into the United States from such
            facility, offer to import or export food into the United States
            from such facility, or otherwise introduce food from such
            facility into interstate or intrastate commerce in the United
            States.
                ``(5) Regulations.--
                        ``(A) In general.--The Secretary shall promulgate
                    regulations to implement this subsection. The Secretary
                    may promulgate such regulations on an interim final
                    basis.
                        ``(B) Registration requirement.--The Secretary may
                    require that registration under this section be
                    submitted in an electronic format. Such requirement may
                    not take effect before the date that is 5 years after
                    the date of enactment of the FDA Food Safety
                    Modernization Act.
                ``(6) Application date.--Facilities shall be subject to the
            requirements of this subsection beginning on the earlier of--
                        ``(A) the date on which the Secretary issues
                    regulations under paragraph (5); or
                        ``(B) 180 days after the date of enactment of the
                    FDA Food Safety Modernization Act.
                ``(7) No delegation.--The authority conferred by this
            subsection to issue an order to suspend a registration or
            vacate an order of suspension shall not be delegated to any
            officer or employee other than the Commissioner.''.
                (2) Small entity compliance policy guide.--Not later than
            180 days after the issuance of the regulations promulgated
            under section 415(b)(5) of the Federal Food, Drug, and Cosmetic
            Act (as added by this section), the Secretary shall issue a
            small entity compliance policy guide setting forth in plain
            language the requirements of such regulations to assist small
            entities in complying with registration requirements and other
            activities required under such section.
                (3) Imported food.--Section 801(l) (21 U.S.C. 381(l)) is
            amended by inserting ``(or for which a registration has been
            suspended under such section)'' after ``section 415''.
        (c) Clarification of Intent.--
                (1) Retail food establishment.--The Secretary shall amend
            the definition of the term ``retail food establishment'' in
            section 1.227(b)(11) of title 21, Code of Federal Regulations
            to clarify that, in determining the primary function of an
            establishment or a retail food establishment under such
            section, the sale of food products directly to consumers by
            such establishment and the sale of food directly to consumers
            by such retail food establishment include--
                        (A) the sale of such food products or food directly
                    to consumers by such establishment at a roadside stand
                    or farmers' market where such stand or market is
                    located other than where the food was manufactured or
                    processed;
                        (B) the sale and distribution of such food through
                    a community supported agriculture program; and
                        (C) the sale and distribution of such food at any
                    other such direct sales platform as determined by the
                    Secretary.
                (2) Definitions.--For purposes of paragraph (1)--
                        (A) the term ``community supported agriculture
                    program'' has the same meaning given the term
                    ``community supported agriculture (CSA) program'' in
                    section 249.2 of title 7, Code of Federal Regulations
                    (or any successor regulation); and
                        (B) the term ``consumer'' does not include a
                    business.
        (d) Conforming Amendments.--
                (1) Section 301(d) (21 U.S.C. 331(d)) is amended by
            inserting ``415,'' after ``404,''.
                (2) Section 415(d), as redesignated by subsection (b), is
            amended by adding at the end before the period ``for a facility
            to be registered, except with respect to the reinstatement of a
            registration that is suspended under subsection (b)''.

    SEC. 6103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.

        (a) In General.--Chapter IV (21 U.S.C. 341 et seq.) is amended by
    adding at the end the following:

    ``SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.

        ``(a) In General.--The owner, operator, or agent in charge of a
    facility shall, in accordance with this section, evaluate the hazards
    that could affect food manufactured, processed, packed, or held by such
    facility, identify and implement preventive controls to significantly
    minimize or prevent the occurrence of such hazards and provide
    assurances that such food is not adulterated under section 402 or
    misbranded under section 403(w), monitor the performance of those
    controls, and maintain records of this monitoring as a matter of
    routine practice.
        ``(b) Hazard Analysis.--The owner, operator, or agent in charge of
    a facility shall--
                ``(1) identify and evaluate known or reasonably foreseeable
            hazards that may be associated with the facility, including--
                        ``(A) biological, chemical, physical, and
                    radiological hazards, natural toxins, pesticides, drug
                    residues, decomposition, parasites, allergens, and
                    unapproved food and color additives; and
                        ``(B) hazards that occur naturally, or may be
                    unintentionally introduced; and
                ``(2) identify and evaluate hazards that may be
            intentionally introduced, including by acts of terrorism; and
                ``(3) develop a written analysis of the hazards.
        ``(c) Preventive Controls.--The owner, operator, or agent in charge
    of a facility shall identify and implement preventive controls,
    including at critical control points, if any, to provide assurances
    that--
                ``(1) hazards identified in the hazard analysis conducted
            under subsection (b)(1) will be significantly minimized or
            prevented;
                ``(2) any hazards identified in the hazard analysis
            conducted under subsection (b)(2) will be significantly
            minimized or prevented and addressed, consistent with section
            420, as applicable; and
                ``(3) the food manufactured, processed, packed, or held by
            such facility will not be adulterated under section 402 or
            misbranded under section 403(w).
        ``(d) Monitoring of Effectiveness.--The owner, operator, or agent
    in charge of a facility shall monitor the effectiveness of the
    preventive controls implemented under subsection (c) to provide
    assurances that the outcomes described in subsection (c) shall be
    achieved.
        ``(e) Corrective Actions.--The owner, operator, or agent in charge
    of a facility shall establish procedures to ensure that, if the
    preventive controls implemented under subsection (c) are not properly
    implemented or are found to be ineffective--
                ``(1) appropriate action is taken to reduce the likelihood
            of recurrence of the implementation failure;
                ``(2) all affected food is evaluated for safety; and
                ``(3) all affected food is prevented from entering into
            commerce if the owner, operator, or agent in charge of such
            facility cannot ensure that the affected food is not
            adulterated under section 402 or misbranded under section
            403(w).
        ``(f) Verification.--The owner, operator, or agent in charge of a
    facility shall verify that--
                ``(1) the preventive controls implemented under subsection
            (c) are adequate to control the hazards identified under
            subsection (b);
                ``(2) the owner, operator, or agent is conducting
            monitoring in accordance with subsection (d);
                ``(3) the owner, operator, or agent is making appropriate
            decisions about corrective actions taken under subsection (e);
                ``(4) the preventive controls implemented under subsection
            (c) are effectively and significantly minimizing or preventing
            the occurrence of identified hazards, including through the use
            of environmental and product testing programs and other
            appropriate means; and
                ``(5) there is documented, periodic reanalysis of the plan
            under subsection (i) to ensure that the plan is still relevant
            to the raw materials, conditions, and processes in the
            facility, and new and emerging threats.
        ``(g) Recordkeeping.--The owner, operator, or agent in charge of a
    facility shall maintain, for not less than 2 years, records documenting
    the monitoring of the preventive controls implemented under subsection
    (c), instances of nonconformance material to food safety, the results
    of testing and other appropriate means of verification under subsection
    (f)(4), instances when corrective actions were implemented, and the
    efficacy of preventive controls and corrective actions.
        ``(h) Written Plan and Documentation.--The owner, operator, or
    agent in charge of a facility shall prepare a written plan that
    documents and describes the procedures used by the facility to comply
    with the requirements of this section, including analyzing the hazards
    under subsection (b) and identifying the preventive controls adopted
    under subsection (c) to address those hazards. Such written plan,
    together with the documentation described in subsection (g), shall be
    made promptly available to a duly authorized representative of the
    Secretary upon oral or written request.
        ``(i) Requirement To Reanalyze.--The owner, operator, or agent in
    charge of a facility shall conduct a reanalysis under subsection (b)
    whenever a significant change is made in the activities conducted at a
    facility operated by such owner, operator, or agent if the change
    creates a reasonable potential for a new hazard or a significant
    increase in a previously identified hazard or not less frequently than
    once every 3 years, whichever is earlier. Such reanalysis shall be
    completed and additional preventive controls needed to address the
    hazard identified, if any, shall be implemented before the change in
    activities at the facility is operative. Such owner, operator, or agent
    shall revise the written plan required under subsection (h) if such a
    significant change is made or document the basis for the conclusion
    that no additional or revised preventive controls are needed. The
    Secretary may require a reanalysis under this section to respond to new
    hazards and developments in scientific understanding, including, as
    appropriate, results from the Department of Homeland Security
    biological, chemical, radiological, or other terrorism risk assessment.
        ``(j) Exemption for Seafood, Juice, and Low-acid Canned Food
    Facilities Subject to HACCP.--
                ``(1) In general.--This section shall not apply to a
            facility if the owner, operator, or agent in charge of such
            facility is required to comply with, and is in compliance with,
            1 of the following standards and regulations with respect to
            such facility:
                        ``(A) The Seafood Hazard Analysis Critical Control
                    Points Program of the Food and Drug Administration.
                        ``(B) The Juice Hazard Analysis Critical Control
                    Points Program of the Food and Drug Administration.
                        ``(C) The Thermally Processed Low-Acid Foods
                    Packaged in Hermetically Sealed Containers standards of
                    the Food and Drug Administration (or any successor
                    standards).
                ``(2) Applicability.--The exemption under paragraph (1)(C)
            shall apply only with respect to microbiological hazards that
            are regulated under the standards for Thermally Processed Low-
            Acid Foods Packaged in Hermetically Sealed Containers under
            part 113 of chapter 21, Code of Federal Regulations (or any
            successor regulations).
        ``(k) Exception for Activities of Facilities Subject to Section
    419.--This section shall not apply to activities of a facility that are
    subject to section 419.
        ``(l) Modified Requirements for Qualified Facilities.--
                ``(1) Qualified facilities.--
                        ``(A) In general.--A facility is a qualified
                    facility for purposes of this subsection if the
                    facility meets the conditions under subparagraph (B) or
                    (C).
                        ``(B) Very small business.--A facility is a
                    qualified facility under this subparagraph--
                                ``(i) if the facility, including any
                            subsidiary or affiliate of the facility, is,
                            collectively, a very small business (as defined
                            in the regulations promulgated under subsection
                            (n)); and
                                ``(ii) in the case where the facility is a
                            subsidiary or affiliate of an entity, if such
                            subsidiaries or affiliates, are, collectively,
                            a very small business (as so defined).
                        ``(C) Limited annual monetary value of sales.--
                                ``(i) In general.--A facility is a
                            qualified facility under this subparagraph if
                            clause (ii) applies--
                                        ``(I) to the facility, including
                                    any subsidiary or affiliate of the
                                    facility, collectively; and
                                        ``(II) to the subsidiaries or
                                    affiliates, collectively, of any entity
                                    of which the facility is a subsidiary
                                    or affiliate.
                                ``(ii) Average annual monetary value.--This
                            clause applies if--
                                        ``(I) during the 3-year period
                                    preceding the applicable calendar year,
                                    the average annual monetary value of
                                    the food manufactured, processed,
                                    packed, or held at such facility (or
                                    the collective average annual monetary
                                    value of such food at any subsidiary or
                                    affiliate, as described in clause (i))
                                    that is sold directly to qualified end-
                                    users during such period exceeded the
                                    average annual monetary value of the
                                    food manufactured, processed, packed,
                                    or held at such facility (or the
                                    collective average annual monetary
                                    value of such food at any subsidiary or
                                    affiliate, as so described) sold by
                                    such facility (or collectively by any
                                    such subsidiary or affiliate) to all
                                    other purchasers during such period;
                                    and
                                        ``(II) the average annual monetary
                                    value of all food sold by such facility
                                    (or the collective average annual
                                    monetary value of such food sold by any
                                    subsidiary or affiliate, as described
                                    in clause (i)) during such period was
                                    less than $500,000, adjusted for
                                    inflation.
                ``(2) Exemption.--A qualified facility--
                        ``(A) shall not be subject to the requirements
                    under subsections (a) through (i) and subsection (n) in
                    an applicable calendar year; and
                        ``(B) shall submit to the Secretary--
                                ``(i)(I) documentation that demonstrates
                            that the owner, operator, or agent in charge of
                            the facility has identified potential hazards
                            associated with the food being produced, is
                            implementing preventive controls to address the
                            hazards, and is monitoring the preventive
                            controls to ensure that such controls are
                            effective; or
                                ``(II) documentation (which may include
                            licenses, inspection reports, certificates,
                            permits, credentials, certification by an
                            appropriate agency (such as a State department
                            of agriculture), or other evidence of
                            oversight), as specified by the Secretary, that
                            the facility is in compliance with State,
                            local, county, or other applicable non-Federal
                            food safety law; and
                                ``(ii) documentation, as specified by the
                            Secretary in a guidance document issued not
                            later than 1 year after the date of enactment
                            of this section, that the facility is a
                            qualified facility under paragraph (1)(B) or
                            (1)(C).
                ``(3) Withdrawal; rule of construction.--
                        ``(A) In general.--In the event of an active
                    investigation of a foodborne illness outbreak that is
                    directly linked to a qualified facility subject to an
                    exemption under this subsection, or if the Secretary
                    determines that it is necessary to protect the public
                    health and prevent or mitigate a foodborne illness
                    outbreak based on conduct or conditions associated with
                    a qualified facility that are material to the safety of
                    the food manufactured, processed, packed, or held at
                    such facility, the Secretary may withdraw the exemption
                    provided to such facility under this subsection.
                        ``(B) Rule of construction.--Nothing in this
                    subsection shall be construed to expand or limit the
                    inspection authority of the Secretary.
                ``(4) Definitions.--In this subsection:
                        ``(A) Affiliate.--The term `affiliate' means any
                    facility that controls, is controlled by, or is under
                    common control with another facility.
                        ``(B) Qualified end-user.--The term `qualified end-
                    user', with respect to a food, means--
                                ``(i) the consumer of the food; or
                                ``(ii) a restaurant or retail food
                            establishment (as those terms are defined by
                            the Secretary for purposes of section 415)
                            that--
                                        ``(I) is located--
                                                ``(aa) in the same State as
                                            the qualified facility that
                                            sold the food to such
                                            restaurant or establishment; or
                                                ``(bb) not more than 275
                                            miles from such facility; and
                                        ``(II) is purchasing the food for
                                    sale directly to consumers at such
                                    restaurant or retail food
                                    establishment.
                        ``(C) Consumer.--For purposes of subparagraph (B),
                    the term `consumer' does not include a business.
                        ``(D) Subsidiary.--The term `subsidiary' means any
                    company which is owned or controlled directly or
                    indirectly by another company.
                ``(5) Study.--
                        ``(A) In general.--The Secretary, in consultation
                    with the Secretary of Agriculture, shall conduct a
                    study of the food processing sector regulated by the
                    Secretary to determine--
                                ``(i) the distribution of food production
                            by type and size of operation, including
                            monetary value of food sold;
                                ``(ii) the proportion of food produced by
                            each type and size of operation;
                                ``(iii) the number and types of food
                            facilities co-located on farms, including the
                            number and proportion by commodity and by
                            manufacturing or processing activity;
                                ``(iv) the incidence of foodborne illness
                            originating from each size and type of
                            operation and the type of food facilities for
                            which no reported or known hazard exists; and
                                ``(v) the effect on foodborne illness risk
                            associated with commingling, processing,
                            transporting, and storing food and raw
                            agricultural commodities, including differences
                            in risk based on the scale and duration of such
                            activities.
                        ``(B) Size.--The results of the study conducted
                    under subparagraph (A) shall include the information
                    necessary to enable the Secretary to define the terms
                    `small business' and `very small business', for
                    purposes of promulgating the regulation under
                    subsection (n). In defining such terms, the Secretary
                    shall include consideration of harvestable acres,
                    income, the number of employees, and the volume of food
                    harvested.
                        ``(C) Submission of report.--Not later than 18
                    months after the date of enactment the FDA Food Safety
                    Modernization Act, the Secretary shall submit to
                    Congress a report that describes the results of the
                    study conducted under subparagraph (A).
                ``(6) No preemption.--Nothing in this subsection preempts
            State, local, county, or other non-Federal law regarding the
            safe production of food. Compliance with this subsection shall
            not relieve any person from liability at common law or under
            State statutory law.
                ``(7) Notification to consumers.--
                        ``(A) In general.--A qualified facility that is
                    exempt from the requirements under subsections (a)
                    through (i) and subsection (n) and does not prepare
                    documentation under paragraph (2)(B)(i)(I) shall--
                                ``(i) with respect to a food for which a
                            food packaging label is required by the
                            Secretary under any other provision of this
                            Act, include prominently and conspicuously on
                            such label the name and business address of the
                            facility where the food was manufactured or
                            processed; or
                                ``(ii) with respect to a food for which a
                            food packaging label is not required by the
                            Secretary under any other provisions of this
                            Act, prominently and conspicuously display, at
                            the point of purchase, the name and business
                            address of the facility where the food was
                            manufactured or processed, on a label, poster,
                            sign, placard, or documents delivered
                            contemporaneously with the food in the normal
                            course of business, or, in the case of Internet
                            sales, in an electronic notice.
                        ``(B) No additional label.--Subparagraph (A) does
                    not provide authority to the Secretary to require a
                    label that is in addition to any label required under
                    any other provision of this Act.
        ``(m) Authority With Respect to Certain Facilities.--The Secretary
    may, by regulation, exempt or modify the requirements for compliance
    under this section with respect to facilities that are solely engaged
    in the production of food for animals other than man, the storage of
    raw agricultural commodities (other than fruits and vegetables)
    intended for further distribution or processing, or the storage of
    packaged foods that are not exposed to the environment.
        ``(n) Regulations.--
                ``(1) In general.--Not later than 18 months after the date
            of enactment of the FDA Food Safety Modernization Act, the
            Secretary shall promulgate regulations--
                        ``(A) to establish science-based minimum standards
                    for conducting a hazard analysis, documenting hazards,
                    implementing preventive controls, and documenting the
                    implementation of the preventive controls under this
                    section; and
                        ``(B) to define, for purposes of this section, the
                    terms `small business' and `very small business',
                    taking into consideration the study described in
                    subsection (l)(5).
                ``(2) Coordination.--In promulgating the regulations under
            paragraph (1)(A), with regard to hazards that may be
            intentionally introduced, including by acts of terrorism, the
            Secretary shall coordinate with the Secretary of Homeland
            Security, as appropriate.
                ``(3) Content.--The regulations promulgated under paragraph
            (1)(A) shall--
                        ``(A) provide sufficient flexibility to be
                    practicable for all sizes and types of facilities,
                    including small businesses such as a small food
                    processing facility co-located on a farm;
                        ``(B) comply with chapter 35 of title 44, United
                    States Code (commonly known as the `Paperwork Reduction
                    Act'), with special attention to minimizing the burden
                    (as defined in section 3502(2) of such Act) on the
                    facility, and collection of information (as defined in
                    section 3502(3) of such Act), associated with such
                    regulations;
                        ``(C) acknowledge differences in risk and minimize,
                    as appropriate, the number of separate standards that
                    apply to separate foods; and
                        ``(D) not require a facility to hire a consultant
                    or other third party to identify, implement, certify,
                    or audit preventative controls, except in the case of
                    negotiated enforcement resolutions that may require
                    such a consultant or third party.
                ``(4) Rule of construction.--Nothing in this subsection
            shall be construed to provide the Secretary with the authority
            to prescribe specific technologies, practices, or critical
            controls for an individual facility.
                ``(5) Review.--In promulgating the regulations under
            paragraph (1)(A), the Secretary shall review regulatory hazard
            analysis and preventive control programs in existence on the
            date of enactment of the FDA Food Safety Modernization Act,
            including the Grade `A' Pasteurized Milk Ordinance to ensure
            that such regulations are consistent, to the extent
            practicable, with applicable domestic and internationally
            recognized standards in existence on such date.
        ``(o) Definitions.--For purposes of this section:
                ``(1) Critical control point.--The term `critical control
            point' means a point, step, or procedure in a food process at
            which control can be applied and is essential to prevent or
            eliminate a food safety hazard or reduce such hazard to an
            acceptable level.
                ``(2) Facility.--The term `facility' means a domestic
            facility or a foreign facility that is required to register
            under section 415.
                ``(3) Preventive controls.--The term `preventive controls'
            means those risk-based, reasonably appropriate procedures,
            practices, and processes that a person knowledgeable about the
            safe manufacturing, processing, packing, or holding of food
            would employ to significantly minimize or prevent the hazards
            identified under the hazard analysis conducted under subsection
            (b) and that are consistent with the current scientific
            understanding of safe food manufacturing, processing, packing,
            or holding at the time of the analysis. Those procedures,
            practices, and processes may include the following:
                        ``(A) Sanitation procedures for food contact
                    surfaces and utensils and food-contact surfaces of
                    equipment.
                        ``(B) Supervisor, manager, and employee hygiene
                    training.
                        ``(C) An environmental monitoring program to verify
                    the effectiveness of pathogen controls in processes
                    where a food is exposed to a potential contaminant in
                    the environment.
                        ``(D) A food allergen control program.
                        ``(E) A recall plan.
                        ``(F) Current Good Manufacturing Practices (cGMPs)
                    under part 110 of title 21, Code of Federal Regulations
                    (or any successor regulations).
                        ``(G) Supplier verification activities that relate
                    to the safety of food.''.
        (b) Guidance Document.--The Secretary shall issue a guidance
    document related to the regulations promulgated under subsection (b)(1)
    with respect to the hazard analysis and preventive controls under
    section 418 of the Federal Food, Drug, and Cosmetic Act (as added by
    subsection (a)).
        (c) Rulemaking.--
                (1) Proposed rulemaking.--
                        (A) In general.--Not later than 9 months after the
                    date of enactment of this Act, the Secretary of Health
                    and Human Services (referred to in this subsection as
                    the ``Secretary'') shall publish a notice of proposed
                    rulemaking in the Federal Register to promulgate
                    regulations with respect to--
                                (i) activities that constitute on-farm
                            packing or holding of food that is not grown,
                            raised, or consumed on such farm or another
                            farm under the same ownership for purposes of
                            section 415 of the Federal Food, Drug, and
                            Cosmetic Act (21 U.S.C. 350d), as amended by
                            this Act; and
                                (ii) activities that constitute on-farm
                            manufacturing or processing of food that is not
                            consumed on that farm or on another farm under
                            common ownership for purposes of such section
                            415.
                        (B) Clarification.--The rulemaking described under
                    subparagraph (A) shall enhance the implementation of
                    such section 415 and clarify the activities that are
                    included as part of the definition of the term
                    ``facility'' under such section 415. Nothing in this
                    Act authorizes the Secretary to modify the definition
                    of the term ``facility'' under such section.
                        (C) Science-based risk analysis.--In promulgating
                    regulations under subparagraph (A), the Secretary shall
                    conduct a science-based risk analysis of--
                                (i) specific types of on-farm packing or
                            holding of food that is not grown, raised, or
                            consumed on such farm or another farm under the
                            same ownership, as such packing and holding
                            relates to specific foods; and
                                (ii) specific on-farm manufacturing and
                            processing activities as such activities relate
                            to specific foods that are not consumed on that
                            farm or on another farm under common ownership.
                        (D) Authority with respect to certain facilities.--
                                (i) In general.--In promulgating the
                            regulations under subparagraph (A), the
                            Secretary shall consider the results of the
                            science-based risk analysis conducted under
                            subparagraph (C), and shall exempt certain
                            facilities from the requirements in section 418
                            of the Federal Food, Drug, and Cosmetic Act (as
                            added by this section), including hazard
                            analysis and preventive controls, and the
                            mandatory inspection frequency in section 421
                            of such Act (as added by section 6201), or
                            modify the requirements in such sections 418 or
                            421, as the Secretary determines appropriate,
                            if such facilities are engaged only in specific
                            types of on-farm manufacturing, processing,
                            packing, or holding activities that the
                            Secretary determines to be low risk involving
                            specific foods the Secretary determines to be
                            low risk.
                                (ii) Limitation.--The exemptions or
                            modifications under clause (i) shall not
                            include an exemption from the requirement to
                            register under section 415 of the Federal Food,
                            Drug, and Cosmetic Act (21 U.S.C. 350d), as
                            amended by this Act, if applicable, and shall
                            apply only to small businesses and very small
                            businesses, as defined in the regulation
                            promulgated under section 418(n) of the Federal
                            Food, Drug, and Cosmetic Act (as added under
                            subsection (a)).
                (2) Final regulations.--Not later than 9 months after the
            close of the comment period for the proposed rulemaking under
            paragraph (1), the Secretary shall adopt final rules with
            respect to--
                        (A) activities that constitute on-farm packing or
                    holding of food that is not grown, raised, or consumed
                    on such farm or another farm under the same ownership
                    for purposes of section 415 of the Federal Food, Drug,
                    and Cosmetic Act (21 U.S.C. 350d), as amended by this
                    Act;
                        (B) activities that constitute on-farm
                    manufacturing or processing of food that is not
                    consumed on that farm or on another farm under common
                    ownership for purposes of such section 415; and
                        (C) the requirements under sections 418 and 421 of
                    the Federal Food, Drug, and Cosmetic Act, as added by
                    this Act, from which the Secretary may issue exemptions
                    or modifications of the requirements for certain types
                    of facilities.
        (d) Small Entity Compliance Policy Guide.--Not later than 180 days
    after the issuance of the regulations promulgated under subsection (n)
    of section 418 of the Federal Food, Drug, and Cosmetic Act (as added by
    subsection (a)), the Secretary shall issue a small entity compliance
    policy guide setting forth in plain language the requirements of such
    section 418 and this section to assist small entities in complying with
    the hazard analysis and other activities required under such section
    418 and this section.
        (e) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended by
    adding at the end the following:
        ``(uu) The operation of a facility that manufactures, processes,
    packs, or holds food for sale in the United States if the owner,
    operator, or agent in charge of such facility is not in compliance with
    section 418.''.
        (f) No Effect on HACCP Authorities.--Nothing in the amendments made
    by this section limits the authority of the Secretary under the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Public
    Health Service Act (42 U.S.C. 201 et seq.) to revise, issue, or enforce
    Hazard Analysis Critical Control programs and the Thermally Processed
    Low-Acid Foods Packaged in Hermetically Sealed Containers standards.
        (g) Dietary Supplements.--Nothing in the amendments made by this
    section shall apply to any facility with regard to the manufacturing,
    processing, packing, or holding of a dietary supplement that is in
    compliance with the requirements of sections 402(g)(2) and 761 of the
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2), 379aa-1).
        (h) Updating Guidance Relating to Fish and Fisheries Products
    Hazards and Controls.--The Secretary shall, not later than 180 days
    after the date of enactment of this Act, update the Fish and Fisheries
    Products Hazards and Control Guidance to take into account advances in
    technology that have occurred since the previous publication of such
    Guidance by the Secretary.
        (i) Effective Dates.--
                (1) General rule.--The amendments made by this section
            shall take effect 18 months after the date of enactment of this
            Act.
                (2) Flexibility for small businesses.--Notwithstanding
            paragraph (1)--
                        (A) the amendments made by this section shall apply
                    to a small business (as defined in the regulations
                    promulgated under section 418(n) of the Federal Food,
                    Drug, and Cosmetic Act (as added by this section))
                    beginning on the date that is 6 months after the
                    effective date of such regulations; and
                        (B) the amendments made by this section shall apply
                    to a very small business (as defined in such
                    regulations) beginning on the date that is 18 months
                    after the effective date of such regulations.

    SEC. 6104. PERFORMANCE STANDARDS.

        (a) In General.--The Secretary shall, in coordination with the
    Secretary of Agriculture, not less frequently than every 2 years,
    review and evaluate relevant health data and other relevant
    information, including from toxicological and epidemiological studies
    and analyses, current Good Manufacturing Practices issued by the
    Secretary relating to food, and relevant recommendations of relevant
    advisory committees, including the Food Advisory Committee, to
    determine the most significant foodborne contaminants.
        (b) Guidance Documents and Regulations.--Based on the review and
    evaluation conducted under subsection (a), and when appropriate to
    reduce the risk of serious illness or death to humans or animals or to
    prevent adulteration of the food under section 402 of the Federal Food,
    Drug, or Cosmetic Act (21 U.S.C. 342) or to prevent the spread by food
    of communicable disease under section 361 of the Public Health Service
    Act (42 U.S.C. 264), the Secretary shall issue contaminant-specific and
    science-based guidance documents, including guidance documents
    regarding action levels, or regulations. Such guidance, including
    guidance regarding action levels, or regulations--
                (1) shall apply to products or product classes;
                (2) shall, where appropriate, differentiate between food
            for human consumption and food intended for consumption by
            animals other than humans; and
                (3) shall not be written to be facility-specific.
        (c) No Duplication of Efforts.--The Secretary shall coordinate with
    the Secretary of Agriculture to avoid issuing duplicative guidance on
    the same contaminants.
        (d) Review.--The Secretary shall periodically review and revise, as
    appropriate, the guidance documents, including guidance documents
    regarding action levels, or regulations promulgated under this section.

    SEC. 6105. STANDARDS FOR PRODUCE SAFETY.

        (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as amended by
    section 6103, is amended by adding at the end the following:

    ``SEC. 419. STANDARDS FOR PRODUCE SAFETY.

        ``(a) Proposed Rulemaking.--
                ``(1) In general.--
                        ``(A) Rulemaking.--Not later than 1 year after the
                    date of enactment of the FDA Food Safety Modernization
                    Act, the Secretary, in coordination with the Secretary
                    of Agriculture and representatives of State departments
                    of agriculture (including with regard to the national
                    organic program established under the Organic Foods
                    Production Act of 1990), and in consultation with the
                    Secretary of Homeland Security, shall publish a notice
                    of proposed rulemaking to establish science-based
                    minimum standards for the safe production and
                    harvesting of those types of fruits and vegetables,
                    including specific mixes or categories of fruits and
                    vegetables, that are raw agricultural commodities for
                    which the Secretary has determined that such standards
                    minimize the risk of serious adverse health
                    consequences or death.
                        ``(B) Determination by secretary.--With respect to
                    small businesses and very small businesses (as such
                    terms are defined in the regulation promulgated under
                    subparagraph (A)) that produce and harvest those types
                    of fruits and vegetables that are raw agricultural
                    commodities that the Secretary has determined are low
                    risk and do not present a risk of serious adverse
                    health consequences or death, the Secretary may
                    determine not to include production and harvesting of
                    such fruits and vegetables in such rulemaking, or may
                    modify the applicable requirements of regulations
                    promulgated pursuant to this section.
                ``(2) Public input.--During the comment period on the
            notice of proposed rulemaking under paragraph (1), the
            Secretary shall conduct not less than 3 public meetings in
            diverse geographical areas of the United States to provide
            persons in different regions an opportunity to comment.
                ``(3) Content.--The proposed rulemaking under paragraph (1)
            shall--
                        ``(A) provide sufficient flexibility to be
                    applicable to various types of entities engaged in the
                    production and harvesting of fruits and vegetables that
                    are raw agricultural commodities, including small
                    businesses and entities that sell directly to
                    consumers, and be appropriate to the scale and
                    diversity of the production and harvesting of such
                    commodities;
                        ``(B) include, with respect to growing, harvesting,
                    sorting, packing, and storage operations, science-based
                    minimum standards related to soil amendments, hygiene,
                    packaging, temperature controls, animals in the growing
                    area, and water;
                        ``(C) consider hazards that occur naturally, may be
                    unintentionally introduced, or may be intentionally
                    introduced, including by acts of terrorism;
                        ``(D) take into consideration, consistent with
                    ensuring enforceable public health protection,
                    conservation and environmental practice standards and
                    policies established by Federal natural resource
                    conservation, wildlife conservation, and environmental
                    agencies;
                        ``(E) in the case of production that is certified
                    organic, not include any requirements that conflict
                    with or duplicate the requirements of the national
                    organic program established under the Organic Foods
                    Production Act of 1990, while providing the same level
                    of public health protection as the requirements under
                    guidance documents, including guidance documents
                    regarding action levels, and regulations under the FDA
                    Food Safety Modernization Act; and
                        ``(F) define, for purposes of this section, the
                    terms `small business' and `very small business'.
                ``(4) Prioritization.--The Secretary shall prioritize the
            implementation of the regulations under this section for
            specific fruits and vegetables that are raw agricultural
            commodities based on known risks which may include a history
            and severity of foodborne illness outbreaks.
        ``(b) Final Regulation.--
                ``(1) In general.--Not later than 1 year after the close of
            the comment period for the proposed rulemaking under subsection
            (a), the Secretary shall adopt a final regulation to provide
            for minimum science-based standards for those types of fruits
            and vegetables, including specific mixes or categories of
            fruits or vegetables, that are raw agricultural commodities,
            based on known safety risks, which may include a history of
            foodborne illness outbreaks.
                ``(2) Final regulation.--The final regulation shall--
                        ``(A) provide for coordination of education and
                    enforcement activities by State and local officials, as
                    designated by the Governors of the respective States or
                    the appropriate elected State official as recognized by
                    State statute; and
                        ``(B) include a description of the variance process
                    under subsection (c) and the types of permissible
                    variances the Secretary may grant.
                ``(3) Flexibility for small businesses.--Notwithstanding
            paragraph (1)--
                        ``(A) the regulations promulgated under this
                    section shall apply to a small business (as defined in
                    the regulation promulgated under subsection (a)(1))
                    after the date that is 1 year after the effective date
                    of the final regulation under paragraph (1); and
                        ``(B) the regulations promulgated under this
                    section shall apply to a very small business (as
                    defined in the regulation promulgated under subsection
                    (a)(1)) after the date that is 2 years after the
                    effective date of the final regulation under paragraph
                    (1).
        ``(c) Criteria.--
                ``(1) In general.--The regulations adopted under subsection
            (b) shall--
                        ``(A) set forth those procedures, processes, and
                    practices that the Secretary determines to minimize the
                    risk of serious adverse health consequences or death,
                    including procedures, processes, and practices that the
                    Secretary determines to be reasonably necessary to
                    prevent the introduction of known or reasonably
                    foreseeable biological, chemical, and physical hazards,
                    including hazards that occur naturally, may be
                    unintentionally introduced, or may be intentionally
                    introduced, including by acts of terrorism, into fruits
                    and vegetables, including specific mixes or categories
                    of fruits and vegetables, that are raw agricultural
                    commodities and to provide reasonable assurances that
                    the produce is not adulterated under section 402;
                        ``(B) provide sufficient flexibility to be
                    practicable for all sizes and types of businesses,
                    including small businesses such as a small food
                    processing facility co-located on a farm;
                        ``(C) comply with chapter 35 of title 44, United
                    States Code (commonly known as the `Paperwork Reduction
                    Act'), with special attention to minimizing the burden
                    (as defined in section 3502(2) of such Act) on the
                    business, and collection of information (as defined in
                    section 3502(3) of such Act), associated with such
                    regulations;
                        ``(D) acknowledge differences in risk and minimize,
                    as appropriate, the number of separate standards that
                    apply to separate foods; and
                        ``(E) not require a business to hire a consultant
                    or other third party to identify, implement, or certify
                    compliance with these procedures, processes, and
                    practices, except in the case of negotiated enforcement
                    resolutions that may require such a consultant or third
                    party; and
                        ``(F) permit States and foreign countries from
                    which food is imported into the United States to
                    request from the Secretary variances from the
                    requirements of the regulations, subject to paragraph
                    (2), where the State or foreign country determines that
                    the variance is necessary in light of local growing
                    conditions and that the procedures, processes, and
                    practices to be followed under the variance are
                    reasonably likely to ensure that the produce is not
                    adulterated under section 402 and to provide the same
                    level of public health protection as the requirements
                    of the regulations adopted under subsection (b).
                ``(2) Variances.--
                        ``(A) Requests for variances.--A State or foreign
                    country from which food is imported into the United
                    States may in writing request a variance from the
                    Secretary. Such request shall describe the variance
                    requested and present information demonstrating that
                    the variance does not increase the likelihood that the
                    food for which the variance is requested will be
                    adulterated under section 402, and that the variance
                    provides the same level of public health protection as
                    the requirements of the regulations adopted under
                    subsection (b). The Secretary shall review such
                    requests in a reasonable timeframe.
                        ``(B) Approval of variances.--The Secretary may
                    approve a variance in whole or in part, as appropriate,
                    and may specify the scope of applicability of a
                    variance to other similarly situated persons.
                        ``(C) Denial of variances.--The Secretary may deny
                    a variance request if the Secretary determines that
                    such variance is not reasonably likely to ensure that
                    the food is not adulterated under section 402 and is
                    not reasonably likely to provide the same level of
                    public health protection as the requirements of the
                    regulation adopted under subsection (b). The Secretary
                    shall notify the person requesting such variance of the
                    reasons for the denial.
                        ``(D) Modification or revocation of a variance.--
                    The Secretary, after notice and an opportunity for a
                    hearing, may modify or revoke a variance if the
                    Secretary determines that such variance is not
                    reasonably likely to ensure that the food is not
                    adulterated under section 402 and is not reasonably
                    likely to provide the same level of public health
                    protection as the requirements of the regulations
                    adopted under subsection (b).
        ``(d) Enforcement.--The Secretary may coordinate with the Secretary
    of Agriculture and, as appropriate, shall contract and coordinate with
    the agency or department designated by the Governor of each State to
    perform activities to ensure compliance with this section.
        ``(e) Guidance.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of the FDA Food Safety Modernization Act, the
            Secretary shall publish, after consultation with the Secretary
            of Agriculture, representatives of State departments of
            agriculture, farmer representatives, and various types of
            entities engaged in the production and harvesting or importing
            of fruits and vegetables that are raw agricultural commodities,
            including small businesses, updated good agricultural practices
            and guidance for the safe production and harvesting of specific
            types of fresh produce under this section.
                ``(2) Public meetings.--The Secretary shall conduct not
            fewer than 3 public meetings in diverse geographical areas of
            the United States as part of an effort to conduct education and
            outreach regarding the guidance described in paragraph (1) for
            persons in different regions who are involved in the production
            and harvesting of fruits and vegetables that are raw
            agricultural commodities, including persons that sell directly
            to consumers and farmer representatives, and for importers of
            fruits and vegetables that are raw agricultural commodities.
                ``(3) Paperwork reduction.--The Secretary shall ensure that
            any updated guidance under this section will--
                        ``(A) provide sufficient flexibility to be
                    practicable for all sizes and types of facilities,
                    including small businesses such as a small food
                    processing facility co-located on a farm; and
                        ``(B) acknowledge differences in risk and minimize,
                    as appropriate, the number of separate standards that
                    apply to separate foods.
        ``(f) Exemption for Direct Farm Marketing.--
                ``(1) In general.--A farm shall be exempt from the
            requirements under this section in a calendar year if--
                        ``(A) during the previous 3-year period, the
                    average annual monetary value of the food sold by such
                    farm directly to qualified end-users during such period
                    exceeded the average annual monetary value of the food
                    sold by such farm to all other buyers during such
                    period; and
                        ``(B) the average annual monetary value of all food
                    sold during such period was less than $500,000,
                    adjusted for inflation.
                ``(2) Notification to consumers.--
                        ``(A) In general.--A farm that is exempt from the
                    requirements under this section shall--
                                ``(i) with respect to a food for which a
                            food packaging label is required by the
                            Secretary under any other provision of this
                            Act, include prominently and conspicuously on
                            such label the name and business address of the
                            farm where the produce was grown; or
                                ``(ii) with respect to a food for which a
                            food packaging label is not required by the
                            Secretary under any other provision of this
                            Act, prominently and conspicuously display, at
                            the point of purchase, the name and business
                            address of the farm where the produce was
                            grown, on a label, poster, sign, placard, or
                            document delivered contemporaneously with the
                            food in the normal course of business, or, in
                            the case of Internet sales, in an electronic
                            notice.
                        ``(B) No additional label.--Subparagraph (A) does
                    not provide authority to the Secretary to require a
                    label that is in addition to any label required under
                    any other provision of this Act.
                ``(3) Withdrawal; rule of construction.--
                        ``(A) In general.--In the event of an active
                    investigation of a foodborne illness outbreak that is
                    directly linked to a farm subject to an exemption under
                    this subsection, or if the Secretary determines that it
                    is necessary to protect the public health and prevent
                    or mitigate a foodborne illness outbreak based on
                    conduct or conditions associated with a farm that are
                    material to the safety of the food produced or
                    harvested at such farm, the Secretary may withdraw the
                    exemption provided to such farm under this subsection.
                        ``(B) Rule of construction.--Nothing in this
                    subsection shall be construed to expand or limit the
                    inspection authority of the Secretary.
                ``(4) Definitions.--
                        ``(A) Qualified end-user.--In this subsection, the
                    term `qualified end-user', with respect to a food
                    means--
                                ``(i) the consumer of the food; or
                                ``(ii) a restaurant or retail food
                            establishment (as those terms are defined by
                            the Secretary for purposes of section 415) that
                            is located--
                                        ``(I) in the same State as the farm
                                    that produced the food; or
                                        ``(II) not more than 275 miles from
                                    such farm.
                        ``(B) Consumer.--For purposes of subparagraph (A),
                    the term `consumer' does not include a business.
                ``(5) No preemption.--Nothing in this subsection preempts
            State, local, county, or other non-Federal law regarding the
            safe production, harvesting, holding, transportation, and sale
            of fresh fruits and vegetables. Compliance with this subsection
            shall not relieve any person from liability at common law or
            under State statutory law.
                ``(6) Limitation of effect.--Nothing in this subsection
            shall prevent the Secretary from exercising any authority
            granted in the other sections of this Act.
        ``(g) Clarification.--This section shall not apply to produce that
    is produced by an individual for personal consumption.
        ``(h) Exception for Activities of Facilities Subject to Section
    418.--This section shall not apply to activities of a facility that are
    subject to section 418.''.
        (b) Small Entity Compliance Policy Guide.--Not later than 180 days
    after the issuance of regulations under section 419 of the Federal
    Food, Drug, and Cosmetic Act (as added by subsection (a)), the
    Secretary of Health and Human Services shall issue a small entity
    compliance policy guide setting forth in plain language the
    requirements of such section 419 and to assist small entities in
    complying with standards for safe production and harvesting and other
    activities required under such section.
        (c) Prohibited Acts.--Section 301 (21 U.S.C. 331), as amended by
    section 6103, is amended by adding at the end the following:
        ``(vv) The failure to comply with the requirements under section
    419.''.
        (d) No Effect on HACCP Authorities.--Nothing in the amendments made
    by this section limits the authority of the Secretary under the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Public
    Health Service Act (42 U.S.C. 201 et seq.) to revise, issue, or enforce
    product and category-specific regulations, such as the Seafood Hazard
    Analysis Critical Controls Points Program, the Juice Hazard Analysis
    Critical Control Program, and the Thermally Processed Low-Acid Foods
    Packaged in Hermetically Sealed Containers standards.

    SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERATION.

        (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as amended by
    section 6105, is amended by adding at the end the following:

    ``SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION.

        ``(a) Determinations.--
                ``(1) In general.--The Secretary shall--
                        ``(A) conduct a vulnerability assessment of the
                    food system, including by consideration of the
                    Department of Homeland Security biological, chemical,
                    radiological, or other terrorism risk assessments;
                        ``(B) consider the best available understanding of
                    uncertainties, risks, costs, and benefits associated
                    with guarding against intentional adulteration of food
                    at vulnerable points; and
                        ``(C) determine the types of science-based
                    mitigation strategies or measures that are necessary to
                    protect against the intentional adulteration of food.
                ``(2) Limited distribution.--In the interest of national
            security, the Secretary, in consultation with the Secretary of
            Homeland Security, may determine the time, manner, and form in
            which determinations made under paragraph (1) are made publicly
            available.
        ``(b) Regulations.--Not later than 18 months after the date of
    enactment of the FDA Food Safety Modernization Act, the Secretary, in
    coordination with the Secretary of Homeland Security and in
    consultation with the Secretary of Agriculture, shall promulgate
    regulations to protect against the intentional adulteration of food
    subject to this Act. Such regulations shall--
                ``(1) specify how a person shall assess whether the person
            is required to implement mitigation strategies or measures
            intended to protect against the intentional adulteration of
            food; and
                ``(2) specify appropriate science-based mitigation
            strategies or measures to prepare and protect the food supply
            chain at specific vulnerable points, as appropriate.
        ``(c) Applicability.--Regulations promulgated under subsection (b)
    shall apply only to food for which there is a high risk of intentional
    contamination, as determined by the Secretary, in consultation with the
    Secretary of Homeland Security, under subsection (a), that could cause
    serious adverse health consequences or death to humans or animals and
    shall include those foods--
                ``(1) for which the Secretary has identified clear
            vulnerabilities (including short shelf-life or susceptibility
            to intentional contamination at critical control points); and
                ``(2) in bulk or batch form, prior to being packaged for
            the final consumer.
        ``(d) Exception.--This section shall not apply to farms, except for
    those that produce milk.
        ``(e) Definition.--For purposes of this section, the term `farm'
    has the meaning given that term in section 1.227 of title 21, Code of
    Federal Regulations (or any successor regulation).''.
        (b) Guidance Documents.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary of Health and Human
            Services, in consultation with the Secretary of Homeland
            Security and the Secretary of Agriculture, shall issue guidance
            documents related to protection against the intentional
            adulteration of food, including mitigation strategies or
            measures to guard against such adulteration as required under
            section 420 of the Federal Food, Drug, and Cosmetic Act, as
            added by subsection (a).
                (2) Content.--The guidance documents issued under paragraph
            (1) shall--
                        (A) include a model assessment for a person to use
                    under subsection (b)(1) of section 420 of the Federal
                    Food, Drug, and Cosmetic Act, as added by subsection
                    (a);
                        (B) include examples of mitigation strategies or
                    measures described in subsection (b)(2) of such
                    section; and
                        (C) specify situations in which the examples of
                    mitigation strategies or measures described in
                    subsection (b)(2) of such section are appropriate.
                (3) Limited distribution.--In the interest of national
            security, the Secretary of Health and Human Services, in
            consultation with the Secretary of Homeland Security, may
            determine the time, manner, and form in which the guidance
            documents issued under paragraph (1) are made public, including
            by releasing such documents to targeted audiences.
        (c) Periodic Review.--The Secretary of Health and Human Services
    shall periodically review and, as appropriate, update the regulations
    under section 420(b) of the Federal Food, Drug, and Cosmetic Act, as
    added by subsection (a), and the guidance documents under subsection
    (b).
        (d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.), as
    amended by section 6105, is amended by adding at the end the following:
        ``(ww) The failure to comply with section 420.''.

    SEC. 6107. AUTHORITY TO COLLECT FEES.

        (a) Fees for Reinspection, Recall, and Importation Activities.--
    Subchapter C of chapter VII (21 U.S.C. 379f et seq.) is amended by
    adding at the end the following:

                         ``PART 6--FEES RELATED TO FOOD

    ``SEC. 743. AUTHORITY TO COLLECT AND USE FEES.

        ``(a) In General.--
                ``(1) Purpose and authority.--For fiscal year 2010 and each
            subsequent fiscal year, the Secretary shall, in accordance with
            this section, assess and collect fees from--
                        ``(A) the responsible party for each domestic
                    facility (as defined in section 415(b)) and the United
                    States agent for each foreign facility subject to a
                    reinspection in such fiscal year, to cover
                    reinspection-related costs for such year;
                        ``(B) the responsible party for a domestic facility
                    (as defined in section 415(b)) and an importer who does
                    not comply with a recall order under section 423 or
                    under section 412(f) in such fiscal year, to cover food
                    recall activities associated with such order performed
                    by the Secretary, including technical assistance,
                    follow-up effectiveness checks, and public
                    notifications, for such year;
                        ``(C) each importer participating in the voluntary
                    qualified importer program under section 806 in such
                    year, to cover the administrative costs of such program
                    for such year; and
                        ``(D) each importer subject to a reinspection in
                    such fiscal year, to cover reinspection-related costs
                    for such year.
                ``(2) Definitions.--For purposes of this section--
                        ``(A) the term `reinspection' means--
                                ``(i) with respect to domestic facilities
                            (as defined in section 415(b)), 1 or more
                            inspections conducted under section 704
                            subsequent to an inspection conducted under
                            such provision which identified noncompliance
                            materially related to a food safety requirement
                            of this Act, specifically to determine whether
                            compliance has been achieved to the Secretary's
                            satisfaction; and
                                ``(ii) with respect to importers, 1 or more
                            examinations conducted under section 801
                            subsequent to an examination conducted under
                            such provision which identified noncompliance
                            materially related to a food safety requirement
                            of this Act, specifically to determine whether
                            compliance has been achieved to the Secretary's
                            satisfaction;
                        ``(B) the term `reinspection-related costs' means
                    all expenses, including administrative expenses,
                    incurred in connection with--
                                ``(i) arranging, conducting, and evaluating
                            the results of reinspections; and
                                ``(ii) assessing and collecting
                            reinspection fees under this section; and
                        ``(C) the term `responsible party' has the meaning
                    given such term in section 417(a)(1).
        ``(b) Establishment of Fees.--
                ``(1) In general.--Subject to subsections (c) and (d), the
            Secretary shall establish the fees to be collected under this
            section for each fiscal year specified in subsection (a)(1),
            based on the methodology described under paragraph (2), and
            shall publish such fees in a Federal Register notice not later
            than 60 days before the start of each such year.
                ``(2) Fee methodology.--
                        ``(A) Fees.--Fees amounts established for
                    collection--
                                ``(i) under subparagraph (A) of subsection
                            (a)(1) for a fiscal year shall be based on the
                            Secretary's estimate of 100 percent of the
                            costs of the reinspection-related activities
                            (including by type or level of reinspection
                            activity, as the Secretary determines
                            applicable) described in such subparagraph (A)
                            for such year;
                                ``(ii) under subparagraph (B) of subsection
                            (a)(1) for a fiscal year shall be based on the
                            Secretary's estimate of 100 percent of the
                            costs of the activities described in such
                            subparagraph (B) for such year;
                                ``(iii) under subparagraph (C) of
                            subsection (a)(1) for a fiscal year shall be
                            based on the Secretary's estimate of 100
                            percent of the costs of the activities
                            described in such subparagraph (C) for such
                            year; and
                                ``(iv) under subparagraph (D) of subsection
                            (a)(1) for a fiscal year shall be based on the
                            Secretary's estimate of 100 percent of the
                            costs of the activities described in such
                            subparagraph (D) for such year.
                        ``(B) Other considerations.--
                                ``(i) Voluntary qualified importer
                            program.--In establishing the fee amounts under
                            subparagraph (A)(iii) for a fiscal year, the
                            Secretary shall provide for the number of
                            importers who have submitted to the Secretary a
                            notice under section 806(c) informing the
                            Secretary of the intent of such importer to
                            participate in the program under section 806 in
                            such fiscal year.
                                ``(ii) Crediting of fees.--In establishing
                            the fee amounts under subparagraph (A) for a
                            fiscal year, the Secretary shall provide for
                            the crediting of fees from the previous year to
                            the next year if the Secretary overestimated
                            the amount of fees needed to carry out such
                            activities, and consider the need to account
                            for any adjustment of fees and such other
                            factors as the Secretary determines
                            appropriate.
                                ``(iii) Published guidelines.--Not later
                            than 180 days after the date of enactment of
                            the FDA Food Safety Modernization Act, the
                            Secretary shall publish in the Federal Register
                            a proposed set of guidelines in consideration
                            of the burden of fee amounts on small business.
                            Such consideration may include reduced fee
                            amounts for small businesses. The Secretary
                            shall provide for a period of public comment on
                            such guidelines. The Secretary shall adjust the
                            fee schedule for small businesses subject to
                            such fees only through notice and comment
                            rulemaking.
                ``(3) Use of fees.--The Secretary shall make all of the
            fees collected pursuant to clause (i), (ii), (iii), and (iv) of
            paragraph (2)(A) available solely to pay for the costs referred
            to in such clause (i), (ii), (iii), and (iv) of paragraph
            (2)(A), respectively.
        ``(c) Limitations.--
                ``(1) In general.--Fees under subsection (a) shall be
            refunded for a fiscal year beginning after fiscal year 2010
            unless the amount of the total appropriations for food safety
            activities at the Food and Drug Administration for such fiscal
            year (excluding the amount of fees appropriated for such fiscal
            year) is equal to or greater than the amount of appropriations
            for food safety activities at the Food and Drug Administration
            for fiscal year 2009 (excluding the amount of fees appropriated
            for such fiscal year), multiplied by the adjustment factor
            under paragraph (3).
                ``(2) Authority.--If--
                        ``(A) the Secretary does not assess fees under
                    subsection (a) for a portion of a fiscal year because
                    paragraph (1) applies; and
                        ``(B) at a later date in such fiscal year, such
                    paragraph (1) ceases to apply,
            the Secretary may assess and collect such fees under subsection
            (a), without any modification to the rate of such fees,
            notwithstanding the provisions of subsection (a) relating to
            the date fees are to be paid.
                ``(3) Adjustment factor.--
                        ``(A) In general.--The adjustment factor described
                    in paragraph (1) shall be the total percentage change
                    that occurred in the Consumer Price Index for all urban
                    consumers (all items; United States city average) for
                    the 12-month period ending June 30 preceding the fiscal
                    year, but in no case shall such adjustment factor be
                    negative.
                        ``(B) Compounded basis.--The adjustment under
                    subparagraph (A) made each fiscal year shall be added
                    on a compounded basis to the sum of all adjustments
                    made each fiscal year after fiscal year 2009.
                ``(4) Limitation on amount of certain fees.--
                        ``(A) In general.--Notwithstanding any other
                    provision of this section and subject to subparagraph
                    (B), the Secretary may not collect fees in a fiscal
                    year such that the amount collected--
                                ``(i) under subparagraph (B) of subsection
                            (a)(1) exceeds $20,000,000; and
                                ``(ii) under subparagraphs (A) and (D) of
                            subsection (a)(1) exceeds $25,000,000 combined.
                        ``(B) Exception.--If a domestic facility (as
                    defined in section 415(b)) or an importer becomes
                    subject to a fee described in subparagraph (A), (B), or
                    (D) of subsection (a)(1) after the maximum amount of
                    fees has been collected by the Secretary under
                    subparagraph (A), the Secretary may collect a fee from
                    such facility or importer.
        ``(d) Crediting and Availability of Fees.--Fees authorized under
    subsection (a) shall be collected and available for obligation only to
    the extent and in the amount provided in appropriations Acts. Such fees
    are authorized to remain available until expended. Such sums as may be
    necessary may be transferred from the Food and Drug Administration
    salaries and expenses account without fiscal year limitation to such
    appropriation account for salaries and expenses with such fiscal year
    limitation. The sums transferred shall be available solely for the
    purpose of paying the operating expenses of the Food and Drug
    Administration employees and contractors performing activities
    associated with these food safety fees.
        ``(e) Collection of Fees.--
                ``(1) In general.--The Secretary shall specify in the
            Federal Register notice described in subsection (b)(1) the time
            and manner in which fees assessed under this section shall be
            collected.
                ``(2) Collection of unpaid fees.--In any case where the
            Secretary does not receive payment of a fee assessed under this
            section within 30 days after it is due, such fee shall be
            treated as a claim of the United States Government subject to
            provisions of subchapter II of chapter 37 of title 31, United
            States Code.
        ``(f) Annual Report to Congress.--Not later than 120 days after
    each fiscal year for which fees are assessed under this section, the
    Secretary shall submit a report to the Committee on Health, Education,
    Labor, and Pensions of the Senate and the Committee on Energy and
    Commerce of the House of Representatives, to include a description of
    fees assessed and collected for each such year and a summary
    description of the entities paying such fees and the types of business
    in which such entities engage.
        ``(g) Authorization of Appropriations.--For fiscal year 2010 and
    each fiscal year thereafter, there is authorized to be appropriated for
    fees under this section an amount equal to the total revenue amount
    determined under subsection (b) for the fiscal year, as adjusted or
    otherwise affected under the other provisions of this section.''.
        (b) Export Certification Fees for Foods and Animal Feed.--
                (1) Authority for export certifications for food, including
            animal feed.--Section 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is
            amended--
                        (A) in the matter preceding clause (i), by striking
                    ``a drug'' and inserting ``a food, drug'';
                        (B) in clause (i) by striking ``exported drug'' and
                    inserting ``exported food, drug''; and
                        (C) in clause (ii) by striking ``the drug'' each
                    place it appears and inserting ``the food, drug''.
                (2) Clarification of certification.--Section 801(e)(4) (21
            U.S.C. 381(e)(4)) is amended by inserting after subparagraph
            (B) the following new subparagraph:
        ``(C) For purposes of this paragraph, a certification by the
    Secretary shall be made on such basis, and in such form (including a
    publicly available listing) as the Secretary determines appropriate.''.
                (3) Limitations on use and amount of fees.--Paragraph (4)
            of section 801(e) (21 U.S.C. 381(e)) is amended by adding at
            the end the following:
        ``(D) With regard to fees pursuant to subparagraph (B) in
    connection with written export certifications for food:
                ``(i) Such fees shall be collected and available solely for
            the costs of the Food and Drug Administration associated with
            issuing such certifications.
                ``(ii) Such fees may not be retained in an amount that
            exceeds such costs.''.

    SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.

        (a) Development and Submission of Strategy.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary of Health and Human
            Services and the Secretary of Agriculture, in coordination with
            the Secretary of Homeland Security, shall prepare and transmit
            to the relevant committees of Congress, and make publicly
            available on the Internet Web sites of the Department of Health
            and Human Services and the Department of Agriculture, the
            National Agriculture and Food Defense Strategy.
                (2) Implementation plan.--The strategy shall include an
            implementation plan for use by the Secretaries described under
            paragraph (1) in carrying out the strategy.
                (3) Research.--The strategy shall include a coordinated
            research agenda for use by the Secretaries described under
            paragraph (1) in conducting research to support the goals and
            activities described in paragraphs (1) and (2) of subsection
            (b).
                (4) Revisions.--Not later than 4 years after the date on
            which the strategy is submitted to the relevant committees of
            Congress under paragraph (1), and not less frequently than
            every 4 years thereafter, the Secretary of Health and Human
            Services and the Secretary of Agriculture, in coordination with
            the Secretary of Homeland Security, shall revise and submit to
            the relevant committees of Congress the strategy.
                (5) Consistency with existing plans.--The strategy
            described in paragraph (1) shall be consistent with--
                        (A) the National Incident Management System;
                        (B) the National Response Framework;
                        (C) the National Infrastructure Protection Plan;
                        (D) the National Preparedness Goals; and
                        (E) other relevant national strategies.
        (b) Components.--
                (1) In general.--The strategy shall include a description
            of the process to be used by the Department of Health and Human
            Services, the Department of Agriculture, and the Department of
            Homeland Security--
                        (A) to achieve each goal described in paragraph
                    (2); and
                        (B) to evaluate the progress made by Federal,
                    State, local, and tribal governments towards the
                    achievement of each goal described in paragraph (2).
                (2) Goals.--The strategy shall include a description of the
            process to be used by the Department of Health and Human
            Services, the Department of Agriculture, and the Department of
            Homeland Security to achieve the following goals:
                        (A) Preparedness goal.--Enhance the preparedness of
                    the agriculture and food system by--
                                (i) conducting vulnerability assessments of
                            the agriculture and food system;
                                (ii) mitigating vulnerabilities of the
                            system;
                                (iii) improving communication and training
                            relating to the system;
                                (iv) developing and conducting exercises to
                            test decontamination and disposal plans;
                                (v) developing modeling tools to improve
                            event consequence assessment and decision
                            support; and
                                (vi) preparing risk communication tools and
                            enhancing public awareness through outreach.
                        (B) Detection goal.--Improve agriculture and food
                    system detection capabilities by--
                                (i) identifying contamination in food
                            products at the earliest possible time; and
                                (ii) conducting surveillance to prevent the
                            spread of diseases.
                        (C) Emergency response goal.--Ensure an efficient
                    response to agriculture and food emergencies by--
                                (i) immediately investigating animal
                            disease outbreaks and suspected food
                            contamination;
                                (ii) preventing additional human illnesses;
                                (iii) organizing, training, and equipping
                            animal, plant, and food emergency response
                            teams of--
                                        (I) the Federal Government; and
                                        (II) State, local, and tribal
                                    governments;
                                (iv) designing, developing, and evaluating
                            training and exercises carried out under
                            agriculture and food defense plans; and
                                (v) ensuring consistent and organized risk
                            communication to the public by--
                                        (I) the Federal Government;
                                        (II) State, local, and tribal
                                    governments; and
                                        (III) the private sector.
                        (D) Recovery goal.--Secure agriculture and food
                    production after an agriculture or food emergency by--
                                (i) working with the private sector to
                            develop business recovery plans to rapidly
                            resume agriculture, food production, and
                            international trade;
                                (ii) conducting exercises of the plans
                            described in subparagraph (C) with the goal of
                            long-term recovery results;
                                (iii) rapidly removing, and effectively
                            disposing of--
                                        (I) contaminated agriculture and
                                    food products; and
                                        (II) infected plants and animals;
                                    and
                                (iv) decontaminating and restoring areas
                            affected by an agriculture or food emergency.
                (3) Evaluation.--The Secretary, in coordination with the
            Secretary of Agriculture and the Secretary of Homeland
            Security, shall--
                        (A) develop metrics to measure progress for the
                    evaluation process described in paragraph (1)(B); and
                        (B) report on the progress measured in subparagraph
                    (A) as part of the National Agriculture and Food
                    Defense strategy described in subsection (a)(1).
        (c) Limited Distribution.--In the interest of national security,
    the Secretary of Health and Human Services and the Secretary of
    Agriculture, in coordination with the Secretary of Homeland Security,
    may determine the manner and format in which the National Agriculture
    and Food Defense strategy established under this section is made
    publicly available on the Internet Web sites of the Department of
    Health and Human Services, the Department of Homeland Security, and the
    Department of Agriculture, as described in subsection (a)(1).

    SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUNCILS.

        The Secretary of Homeland Security, in coordination with the
    Secretary of Health and Human Services and the Secretary of
    Agriculture, shall within 180 days of enactment of this Act, and
    annually thereafter, submit to the relevant committees of Congress, and
    make publicly available on the Internet Web site of the Department of
    Homeland Security, a report on the activities of the Food and
    Agriculture Government Coordinating Council and the Food and
    Agriculture Sector Coordinating Council, including the progress of such
    Councils on--
                (1) facilitating partnerships between public and private
            entities to help coordinate and enhance the protection of the
            agriculture and food system of the United States;
                (2) providing for the regular and timely interchange of
            information between each council relating to the security of
            the agriculture and food system (including intelligence
            information);
                (3) identifying best practices and methods for improving
            the coordination among Federal, State, local, and private
            sector preparedness and response plans for agriculture and food
            defense; and
                (4) recommending methods by which to protect the economy
            and the public health of the United States from the effects
            of--
                        (A) animal or plant disease outbreaks;
                        (B) food contamination; and
                        (C) natural disasters affecting agriculture and
                    food.

    SEC. 6110. BUILDING DOMESTIC CAPACITY.

        (a) In General.--
                (1) Initial report.--The Secretary, in coordination with
            the Secretary of Agriculture and the Secretary of Homeland
            Security, shall, not later than 2 years after the date of
            enactment of this Act, submit to Congress a comprehensive
            report that identifies programs and practices that are intended
            to promote the safety and supply chain security of food and to
            prevent outbreaks of foodborne illness and other food-related
            hazards that can be addressed through preventive activities.
            Such report shall include a description of the following:
                        (A) Analysis of the need for further regulations or
                    guidance to industry.
                        (B) Outreach to food industry sectors, including
                    through the Food and Agriculture Coordinating Councils
                    referred to in section 6109, to identify potential
                    sources of emerging threats to the safety and security
                    of the food supply and preventive strategies to address
                    those threats.
                        (C) Systems to ensure the prompt distribution to
                    the food industry of information and technical
                    assistance concerning preventive strategies.
                        (D) Communication systems to ensure that
                    information about specific threats to the safety and
                    security of the food supply are rapidly and effectively
                    disseminated.
                        (E) Surveillance systems and laboratory networks to
                    rapidly detect and respond to foodborne illness
                    outbreaks and other food-related hazards, including how
                    such systems and networks are integrated.
                        (F) Outreach, education, and training provided to
                    States and local governments to build State and local
                    food safety and food defense capabilities, including
                    progress implementing strategies developed under
                    sections 6108 and 6205.
                        (G) The estimated resources needed to effectively
                    implement the programs and practices identified in the
                    report developed in this section over a 5-year period.
                        (H) The impact of requirements under this Act
                    (including amendments made by this Act) on certified
                    organic farms and facilities (as defined in section 415
                    of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                    350d)).
                        (I) Specific efforts taken pursuant to the
                    agreements authorized under section 421(c) of the
                    Federal Food, Drug, and Cosmetic Act (as added by
                    section 6201), together with, as necessary, a
                    description of any additional authorities necessary to
                    improve seafood safety.
                (2) Biennial reports.--On a biennial basis following the
            submission of the report under paragraph (1), the Secretary
            shall submit to Congress a report that--
                        (A) reviews previous food safety programs and
                    practices;
                        (B) outlines the success of those programs and
                    practices;
                        (C) identifies future programs and practices; and
                        (D) includes information related to any matter
                    described in subparagraphs (A) through (H) of paragraph
                    (1), as necessary.
        (b) Risk-based Activities.--The report developed under subsection
    (a)(1) shall describe methods that seek to ensure that resources
    available to the Secretary for food safety-related activities are
    directed at those actions most likely to reduce risks from food,
    including the use of preventive strategies and allocation of inspection
    resources. The Secretary shall promptly undertake those risk-based
    actions that are identified during the development of the report as
    likely to contribute to the safety and security of the food supply.
        (c) Capability for Laboratory Analyses; Research.--The report
    developed under subsection (a)(1) shall provide a description of
    methods to increase capacity to undertake analyses of food samples
    promptly after collection, to identify new and rapid analytical
    techniques, including commercially available techniques that can be
    employed at ports of entry and by Food Emergency Response Network
    laboratories, and to provide for well-equipped and staffed laboratory
    facilities and progress toward laboratory accreditation under section
    422 of the Federal Food, Drug, and Cosmetic Act (as added by section
    6202).
        (d) Information Technology.--The report developed under subsection
    (a)(1) shall include a description of such information technology
    systems as may be needed to identify risks and receive data from
    multiple sources, including foreign governments, State, local, and
    tribal governments, other Federal agencies, the food industry,
    laboratories, laboratory networks, and consumers. The information
    technology systems that the Secretary describes shall also provide for
    the integration of the facility registration system under section 415
    of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d), and the
    prior notice system under section 801(m) of such Act (21 U.S.C. 381(m))
    with other information technology systems that are used by the Federal
    Government for the processing of food offered for import into the
    United States.
        (e) Automated Risk Assessment.--The report developed under
    subsection (a)(1) shall include a description of progress toward
    developing and improving an automated risk assessment system for food
    safety surveillance and allocation of resources.
        (f) Traceback and Surveillance Report.--The Secretary shall include
    in the report developed under subsection (a)(1) an analysis of the Food
    and Drug Administration's performance in foodborne illness outbreaks
    during the 5-year period preceding the date of enactment of this Act
    involving fruits and vegetables that are raw agricultural commodities
    (as defined in section 6201(r) (21 U.S.C. 321(r)) and recommendations
    for enhanced surveillance, outbreak response, and traceability. Such
    findings and recommendations shall address communication and
    coordination with the public, industry, and State and local
    governments, as such communication and coordination relates to outbreak
    identification and traceback.
        (g) Biennial Food Safety and Food Defense Research Plan.--The
    Secretary, the Secretary of Agriculture, and the Secretary of Homeland
    Security shall, on a biennial basis, submit to Congress a joint food
    safety and food defense research plan which may include studying the
    long-term health effects of foodborne illness. Such biennial plan shall
    include a list and description of projects conducted during the
    previous 2-year period and the plan for projects to be conducted during
    the subsequent 2-year period.
        (h) Effectiveness of Programs Administered by the Department of
    Health and Human Services.--
                (1) In general.--To determine whether existing Federal
            programs administered by the Department of Health and Human
            Services are effective in achieving the stated goals of such
            programs, the Secretary shall, beginning not later than 1 year
            after the date of enactment of this Act--
                        (A) conduct an annual evaluation of each program of
                    such Department to determine the effectiveness of each
                    such program in achieving legislated intent, purposes,
                    and objectives; and
                        (B) submit to Congress a report concerning such
                    evaluation.
                (2) Content.--The report described under paragraph (1)(B)
            shall--
                        (A) include conclusions concerning the reasons that
                    such existing programs have proven successful or not
                    successful and what factors contributed to such
                    conclusions;
                        (B) include recommendations for consolidation and
                    elimination to reduce duplication and inefficiencies in
                    such programs at such Department as identified during
                    the evaluation conduct under this subsection; and
                        (C) be made publicly available in a publication
                    entitled ``Guide to the U.S. Department of Health and
                    Human Services Programs''.
        (i) Unique Identification Numbers.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary, acting through the
            Commissioner of Food and Drugs, shall conduct a study regarding
            the need for, and challenges associated with, development and
            implementation of a program that requires a unique
            identification number for each food facility registered with
            the Secretary and, as appropriate, each broker that imports
            food into the United States. Such study shall include an
            evaluation of the costs associated with development and
            implementation of such a system, and make recommendations about
            what new authorities, if any, would be necessary to develop and
            implement such a system.
                (2) Report.--Not later than 15 months after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            report that describes the findings of the study conducted under
            paragraph (1) and that includes any recommendations determined
            appropriate by the Secretary.

    SEC. 6111. SANITARY TRANSPORTATION OF FOOD.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall promulgate regulations
    described in section 416(b) of the Federal Food, Drug, and Cosmetic Act
    (21 U.S.C. 350e(b)).
        (b) Food Transportation Study.--The Secretary, acting through the
    Commissioner of Food and Drugs, shall conduct a study of the
    transportation of food for consumption in the United States, including
    transportation by air, that includes an examination of the unique needs
    of rural and frontier areas with regard to the delivery of safe food.

    SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.

        (a) Definitions.--In this section:
                (1) Early childhood education program.--The term ``early
            childhood education program'' means--
                        (A) a Head Start program or an Early Head Start
                    program carried out under the Head Start Act (42 U.S.C.
                    9831 et seq.);
                        (B) a State licensed or regulated child care
                    program or school; or
                        (C) a State prekindergarten program that serves
                    children from birth through kindergarten.
                (2) ESEA definitions.--The terms ``local educational
            agency'', ``secondary school'', ``elementary school'', and
            ``parent'' have the meanings given the terms in section 9101 of
            the Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7801).
                (3) School.--The term ``school'' includes public--
                        (A) kindergartens;
                        (B) elementary schools; and
                        (C) secondary schools.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Health and Human Services.
        (b) Establishment of Voluntary Food Allergy and Anaphylaxis
    Management Guidelines.--
                (1) Establishment.--
                        (A) In general.--Not later than 1 year after the
                    date of enactment of this Act, the Secretary, in
                    consultation with the Secretary of Education, shall--
                                (i) develop guidelines to be used on a
                            voluntary basis to develop plans for
                            individuals to manage the risk of food allergy
                            and anaphylaxis in schools and early childhood
                            education programs; and
                                (ii) make such guidelines available to
                            local educational agencies, schools, early
                            childhood education programs, and other
                            interested entities and individuals to be
                            implemented on a voluntary basis only.
                        (B) Applicability of ferpa.--Each plan described in
                    subparagraph (A) that is developed for an individual
                    shall be considered an education record for the purpose
                    of section 444 of the General Education Provisions Act
                    (commonly referred to as the ``Family Educational
                    Rights and Privacy Act of 1974'') (20 U.S.C. 1232g).
                (2) Contents.--The voluntary guidelines developed by the
            Secretary under paragraph (1) shall address each of the
            following and may be updated as the Secretary determines
            necessary:
                        (A) Parental obligation to provide the school or
                    early childhood education program, prior to the start
                    of every school year, with--
                                (i) documentation from their child's
                            physician or nurse--
                                        (I) supporting a diagnosis of food
                                    allergy, and any risk of anaphylaxis,
                                    if applicable;
                                        (II) identifying any food to which
                                    the child is allergic;
                                        (III) describing, if appropriate,
                                    any prior history of anaphylaxis;
                                        (IV) listing any medication
                                    prescribed for the child for the
                                    treatment of anaphylaxis;
                                        (V) detailing emergency treatment
                                    procedures in the event of a reaction;
                                        (VI) listing the signs and symptoms
                                    of a reaction; and
                                        (VII) assessing the child's
                                    readiness for self-administration of
                                    prescription medication; and
                                (ii) a list of substitute meals that may be
                            offered to the child by school or early
                            childhood education program food service
                            personnel.
                        (B) The creation and maintenance of an individual
                    plan for food allergy management, in consultation with
                    the parent, tailored to the needs of each child with a
                    documented risk for anaphylaxis, including any
                    procedures for the self-administration of medication by
                    such children in instances where--
                                (i) the children are capable of self-
                            administering medication; and
                                (ii) such administration is not prohibited
                            by State law.
                        (C) Communication strategies between individual
                    schools or early childhood education programs and
                    providers of emergency medical services, including
                    appropriate instructions for emergency medical
                    response.
                        (D) Strategies to reduce the risk of exposure to
                    anaphylactic causative agents in classrooms and common
                    school or early childhood education program areas such
                    as cafeterias.
                        (E) The dissemination of general information on
                    life-threatening food allergies to school or early
                    childhood education program staff, parents, and
                    children.
                        (F) Food allergy management training of school or
                    early childhood education program personnel who
                    regularly come into contact with children with life-
                    threatening food allergies.
                        (G) The authorization and training of school or
                    early childhood education program personnel to
                    administer epinephrine when the nurse is not
                    immediately available.
                        (H) The timely accessibility of epinephrine by
                    school or early childhood education program personnel
                    when the nurse is not immediately available.
                        (I) The creation of a plan contained in each
                    individual plan for food allergy management that
                    addresses the appropriate response to an incident of
                    anaphylaxis of a child while such child is engaged in
                    extracurricular programs of a school or early childhood
                    education program, such as nonacademic outings and
                    field trips, before- and after-school programs or
                    before- and after-early child education program
                    programs, and school-sponsored or early childhood
                    education program-sponsored programs held on weekends.
                        (J) Maintenance of information for each
                    administration of epinephrine to a child at risk for
                    anaphylaxis and prompt notification to parents.
                        (K) Other elements the Secretary determines
                    necessary for the management of food allergies and
                    anaphylaxis in schools and early childhood education
                    programs.
                (3) Relation to state law.--Nothing in this section or the
            guidelines developed by the Secretary under paragraph (1) shall
            be construed to preempt State law, including any State law
            regarding whether students at risk for anaphylaxis may self-
            administer medication.
        (c) School-based Food Allergy Management Grants.--
                (1) In general.--The Secretary may award grants to local
            educational agencies to assist such agencies with implementing
            voluntary food allergy and anaphylaxis management guidelines
            described in subsection (b).
                (2) Application.--
                        (A) In general.--To be eligible to receive a grant
                    under this subsection, a local educational agency shall
                    submit an application to the Secretary at such time, in
                    such manner, and including such information as the
                    Secretary may reasonably require.
                        (B) Contents.--Each application submitted under
                    subparagraph (A) shall include--
                                (i) an assurance that the local educational
                            agency has developed plans in accordance with
                            the food allergy and anaphylaxis management
                            guidelines described in subsection (b);
                                (ii) a description of the activities to be
                            funded by the grant in carrying out the food
                            allergy and anaphylaxis management guidelines,
                            including--
                                        (I) how the guidelines will be
                                    carried out at individual schools
                                    served by the local educational agency;
                                        (II) how the local educational
                                    agency will inform parents and students
                                    of the guidelines in place;
                                        (III) how school nurses, teachers,
                                    administrators, and other school-based
                                    staff will be made aware of, and given
                                    training on, when applicable, the
                                    guidelines in place; and
                                        (IV) any other activities that the
                                    Secretary determines appropriate;
                                (iii) an itemization of how grant funds
                            received under this subsection will be
                            expended;
                                (iv) a description of how adoption of the
                            guidelines and implementation of grant
                            activities will be monitored; and
                                (v) an agreement by the local educational
                            agency to report information required by the
                            Secretary to conduct evaluations under this
                            subsection.
                (3) Use of funds.--Each local educational agency that
            receives a grant under this subsection may use the grant funds
            for the following:
                        (A) Purchase of materials and supplies, including
                    limited medical supplies such as epinephrine and
                    disposable wet wipes, to support carrying out the food
                    allergy and anaphylaxis management guidelines described
                    in subsection (b).
                        (B) In partnership with local health departments,
                    school nurse, teacher, and personnel training for food
                    allergy management.
                        (C) Programs that educate students as to the
                    presence of, and policies and procedures in place
                    related to, food allergies and anaphylactic shock.
                        (D) Outreach to parents.
                        (E) Any other activities consistent with the
                    guidelines described in subsection (b).
                (4) Duration of awards.--The Secretary may award grants
            under this subsection for a period of not more than 2 years. In
            the event the Secretary conducts a program evaluation under
            this subsection, funding in the second year of the grant, where
            applicable, shall be contingent on a successful program
            evaluation by the Secretary after the first year.
                (5) Limitation on grant funding.--The Secretary may not
            provide grant funding to a local educational agency under this
            subsection after such local educational agency has received 2
            years of grant funding under this subsection.
                (6) Maximum amount of annual awards.--A grant awarded under
            this subsection may not be made in an amount that is more than
            $50,000 annually.
                (7) Priority.--In awarding grants under this subsection,
            the Secretary shall give priority to local educational agencies
            with the highest percentages of children who are counted under
            section 1124(c) of the Elementary and Secondary Education Act
            of 1965 (20 U.S.C. 6333(c)).
                (8) Matching funds.--
                        (A) In general.--The Secretary may not award a
                    grant under this subsection unless the local
                    educational agency agrees that, with respect to the
                    costs to be incurred by such local educational agency
                    in carrying out the grant activities, the local
                    educational agency shall make available (directly or
                    through donations from public or private entities) non-
                    Federal funds toward such costs in an amount equal to
                    not less than 25 percent of the amount of the grant.
                        (B) Determination of amount of non-federal
                    contribution.--Non-Federal funds required under
                    subparagraph (A) may be cash or in kind, including
                    plant, equipment, or services. Amounts provided by the
                    Federal Government, and any portion of any service
                    subsidized by the Federal Government, may not be
                    included in determining the amount of such non-Federal
                    funds.
                (9) Administrative funds.--A local educational agency that
            receives a grant under this subsection may use not more than 2
            percent of the grant amount for administrative costs related to
            carrying out this subsection.
                (10) Progress and evaluations.--At the completion of the
            grant period referred to in paragraph (4), a local educational
            agency shall provide the Secretary with information on how
            grant funds were spent and the status of implementation of the
            food allergy and anaphylaxis management guidelines described in
            subsection (b).
                (11) Supplement, not supplant.--Grant funds received under
            this subsection shall be used to supplement, and not supplant,
            non-Federal funds and any other Federal funds available to
            carry out the activities described in this subsection.
                (12) Authorization of appropriations.--There is authorized
            to be appropriated to carry out this subsection $30,000,000 for
            fiscal year 2011 and such sums as may be necessary for each of
            the 4 succeeding fiscal years.
        (d) Voluntary Nature of Guidelines.--
                (1) In general.--The food allergy and anaphylaxis
            management guidelines developed by the Secretary under
            subsection (b) are voluntary. Nothing in this section or the
            guidelines developed by the Secretary under subsection (b)
            shall be construed to require a local educational agency to
            implement such guidelines.
                (2) Exception.--Notwithstanding paragraph (1), the
            Secretary may enforce an agreement by a local educational
            agency to implement food allergy and anaphylaxis management
            guidelines as a condition of the receipt of a grant under
            subsection (c).

    SEC. 6113. NEW DIETARY INGREDIENTS.

        (a) In General.--Section 413 of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 350b) is amended--
                (1) by redesignating subsection (c) as subsection (d); and
                (2) by inserting after subsection (b) the following:
        ``(c) Notification.--
                ``(1) In general.--If the Secretary determines that the
            information in a new dietary ingredient notification submitted
            under this section for an article purported to be a new dietary
            ingredient is inadequate to establish that a dietary supplement
            containing such article will reasonably be expected to be safe
            because the article may be, or may contain, an anabolic steroid
            or an analogue of an anabolic steroid, the Secretary shall
            notify the Drug Enforcement Administration of such
            determination. Such notification by the Secretary shall
            include, at a minimum, the name of the dietary supplement or
            article, the name of the person or persons who marketed the
            product or made the submission of information regarding the
            article to the Secretary under this section, and any contact
            information for such person or persons that the Secretary has.
                ``(2) Definitions.--For purposes of this subsection--
                        ``(A) the term `anabolic steroid' has the meaning
                    given such term in section 102(41) of the Controlled
                    Substances Act; and
                        ``(B) the term `analogue of an anabolic steroid'
                    means a substance whose chemical structure is
                    substantially similar to the chemical structure of an
                    anabolic steroid.''.
        (b) Guidance.--Not later than 180 days after the date of enactment
    of this Act, the Secretary shall publish guidance that clarifies when a
    dietary supplement ingredient is a new dietary ingredient, when the
    manufacturer or distributor of a dietary ingredient or dietary
    supplement should provide the Secretary with information as described
    in section 413(a)(2) of the Federal Food, Drug, and Cosmetic Act, the
    evidence needed to document the safety of new dietary ingredients, and
    appropriate methods for establishing the identify of a new dietary
    ingredient.

    SEC. 6114. REQUIREMENT FOR GUIDANCE RELATING TO POST-HARVEST PROCESSING
                  OF RAW OYSTERS.

        (a) In General.--Not later than 90 days prior to the issuance of
    any guidance, regulation, or suggested amendment by the Food and Drug
    Administration to the National Shellfish Sanitation Program's Model
    Ordinance, or the issuance of any guidance or regulation by the Food
    and Drug Administration relating to the Seafood Hazard Analysis
    Critical Control Points Program of the Food and Drug Administration
    (parts 123 and 1240 of title 21, Code of Federal Regulations (or any
    successor regulations), where such guidance, regulation, or suggested
    amendment relates to post-harvest processing for raw oysters, the
    Secretary shall prepare and submit to the Committee on Health,
    Education, Labor, and Pensions of the Senate and the Committee on
    Energy and Commerce of the House of Representatives a report which
    shall include--
                (1) an assessment of how post-harvest processing or other
            equivalent controls feasibly may be implemented in the fastest,
            safest, and most economical manner;
                (2) the projected public health benefits of any proposed
            post-harvest processing;
                (3) the projected costs of compliance with such post-
            harvest processing measures;
                (4) the impact post-harvest processing is expected to have
            on the sales, cost, and availability of raw oysters;
                (5) criteria for ensuring post-harvest processing standards
            will be applied equally to shellfish imported from all nations
            of origin;
                (6) an evaluation of alternative measures to prevent,
            eliminate, or reduce to an acceptable level the occurrence of
            foodborne illness; and
                (7) the extent to which the Food and Drug Administration
            has consulted with the States and other regulatory agencies, as
            appropriate, with regard to post-harvest processing measures.
        (b) Limitation.--Subsection (a) shall not apply to the guidance
    described in section 6103(h).
        (c) Review and Evaluation.--Not later than 30 days after the
    Secretary issues a proposed regulation or guidance described in
    subsection (a), the Comptroller General of the United States shall--
                (1) review and evaluate the report described in subsection
            (a) and report to Congress on the findings of the estimates and
            analysis in the report;
                (2) compare such proposed regulation or guidance to similar
            regulations or guidance with respect to other regulated foods,
            including a comparison of risks the Secretary may find
            associated with seafood and the instances of those risks in
            such other regulated foods; and
                (3) evaluate the impact of post-harvest processing on the
            competitiveness of the domestic oyster industry in the United
            States and in international markets.
        (d) Waiver.--The requirement of preparing a report under subsection
    (a) shall be waived if the Secretary issues a guidance that is adopted
    as a consensus agreement between Federal and State regulators and the
    oyster industry, acting through the Interstate Shellfish Sanitation
    Conference.
        (e) Public Access.--Any report prepared under this section shall be
    made available to the public.

    SEC. 6115. PORT SHOPPING.

        Until the date on which the Secretary promulgates a final rule that
    implements the amendments made by section 308 of the Public Health
    Security and Bioterrorism Preparedness and Response Act of 2002 (Public
    Law 107-188), the Secretary shall notify the Secretary of Homeland
    Security of all instances in which the Secretary refuses to admit a
    food into the United States under section 801(a) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 381(a)) so that the Secretary of
    Homeland Security, acting through the Commissioner of Customs and
    Border Protection, may prevent food refused admittance into the United
    States by a United States port of entry from being admitted by another
    United States port of entry, through the notification of other such
    United States ports of entry.

    SEC. 6116. ALCOHOL-RELATED FACILITIES.

        (a) In General.--Except as provided by sections 6102, 6206, 6207,
    6302, 6304, 6402, 6403, and 6404 of this Act, and the amendments made
    by such sections, nothing in this Act, or the amendments made by this
    Act, shall be construed to apply to a facility that--
                (1) under the Federal Alcohol Administration Act (27 U.S.C.
            201 et seq.) or chapter 51 of subtitle E of the Internal
            Revenue Code of 1986 (26 U.S.C. 5001 et seq.) is required to
            obtain a permit or to register with the Secretary of the
            Treasury as a condition of doing business in the United States;
            and
                (2) under section 415 of the Federal Food, Drug, and
            Cosmetic Act (21 U.S.C. 350d) is required to register as a
            facility because such facility is engaged in manufacturing,
            processing, packing, or holding 1 or more alcoholic beverages,
            with respect to the activities of such facility that relate to
            the manufacturing, processing, packing, or holding of alcoholic
            beverages.
        (b) Limited Receipt and Distribution of Nonalcohol Food.--
    Subsection (a) shall not apply to a facility engaged in the receipt and
    distribution of any nonalcohol food, except that such paragraph shall
    apply to a facility described in such paragraph that receives and
    distributes nonalcohol food, provided such food is received and
    distributed--
                (1) in a prepackaged form that prevents any direct human
            contact with such food; and
                (2) in amounts that constitute not more than 5 percent of
            the overall sales of such facility, as determined by the
            Secretary of the Treasury.
        (c) Rule of Construction.--Except as provided in subsections (a)
    and (b), this section shall not be construed to exempt any food, other
    than alcoholic beverages, as defined in section 214 of the Federal
    Alcohol Administration Act (27 U.S.C. 214), from the requirements of
    this Act (including the amendments made by this Act).

       TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
                                    PROBLEMS

    SEC. 6201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES,
                  FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT.

        (a) Targeting of Inspection Resources for Domestic Facilities,
    Foreign Facilities, and Ports of Entry.--Chapter IV (21 U.S.C. 341 et
    seq.), as amended by section 6106, is amended by adding at the end the
    following:

    ``SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES,
                  FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL REPORT.

        ``(a) Identification and Inspection of Facilities.--
                ``(1) Identification.--The Secretary shall identify high-
            risk facilities and shall allocate resources to inspect
            facilities according to the known safety risks of the
            facilities, which shall be based on the following factors:
                        ``(A) The known safety risks of the food
                    manufactured, processed, packed, or held at the
                    facility.
                        ``(B) The compliance history of a facility,
                    including with regard to food recalls, outbreaks of
                    foodborne illness, and violations of food safety
                    standards.
                        ``(C) The rigor and effectiveness of the facility's
                    hazard analysis and risk-based preventive controls.
                        ``(D) Whether the food manufactured, processed,
                    packed, or held at the facility meets the criteria for
                    priority under section 801(h)(1).
                        ``(E) Whether the food or the facility that
                    manufactured, processed, packed, or held such food has
                    received a certification as described in section 801(q)
                    or 806, as appropriate.
                        ``(F) Any other criteria deemed necessary and
                    appropriate by the Secretary for purposes of allocating
                    inspection resources.
                ``(2) Inspections.--
                        ``(A) In general.--Beginning on the date of
                    enactment of the FDA Food Safety Modernization Act, the
                    Secretary shall increase the frequency of inspection of
                    all facilities.
                        ``(B) Domestic high-risk facilities.--The Secretary
                    shall increase the frequency of inspection of domestic
                    facilities identified under paragraph (1) as high-risk
                    facilities such that each such facility is inspected--
                                ``(i) not less often than once in the 5-
                            year period following the date of enactment of
                            the FDA Food Safety Modernization Act; and
                                ``(ii) not less often than once every 3
                            years thereafter.
                        ``(C) Domestic non-high-risk facilities.--The
                    Secretary shall ensure that each domestic facility that
                    is not identified under paragraph (1) as a high-risk
                    facility is inspected--
                                ``(i) not less often than once in the 7-
                            year period following the date of enactment of
                            the FDA Food Safety Modernization Act; and
                                ``(ii) not less often than once every 5
                            years thereafter.
                        ``(D) Foreign facilities.--
                                ``(i) Year 1.--In the 1-year period
                            following the date of enactment of the FDA Food
                            Safety Modernization Act, the Secretary shall
                            inspect not fewer than 600 foreign facilities.
                                ``(ii) Subsequent years.--In each of the 5
                            years following the 1-year period described in
                            clause (i), the Secretary shall inspect not
                            fewer than twice the number of foreign
                            facilities inspected by the Secretary during
                            the previous year.
                        ``(E) Reliance on federal, state, or local
                    inspections.--In meeting the inspection requirements
                    under this subsection for domestic facilities, the
                    Secretary may rely on inspections conducted by other
                    Federal, State, or local agencies under interagency
                    agreements, contracts, memoranda of understanding, or
                    other obligations.
        ``(b) Identification and Inspection at Ports of Entry.--The
    Secretary, in consultation with the Secretary of Homeland Security,
    shall allocate resources to inspect any article of food imported into
    the United States according to the known safety risks of the article of
    food, which shall be based on the following factors:
                ``(1) The known safety risks of the food imported.
                ``(2) The known safety risks of the countries or regions of
            origin and countries through which such article of food is
            transported.
                ``(3) The compliance history of the importer, including
            with regard to food recalls, outbreaks of foodborne illness,
            and violations of food safety standards.
                ``(4) The rigor and effectiveness of the activities
            conducted by the importer of such article of food to satisfy
            the requirements of the foreign supplier verification program
            under section 805.
                ``(5) Whether the food importer participates in the
            voluntary qualified importer program under section 806.
                ``(6) Whether the food meets the criteria for priority
            under section 801(h)(1).
                ``(7) Whether the food or the facility that manufactured,
            processed, packed, or held such food received a certification
            as described in section 801(q) or 806.
                ``(8) Any other criteria deemed necessary and appropriate
            by the Secretary for purposes of allocating inspection
            resources.
        ``(c) Interagency Agreements With Respect to Seafood.--
                ``(1) In general.--The Secretary of Health and Human
            Services, the Secretary of Commerce, the Secretary of Homeland
            Security, the Chairman of the Federal Trade Commission, and the
            heads of other appropriate agencies may enter into such
            agreements as may be necessary or appropriate to improve
            seafood safety.
                ``(2) Scope of agreements.--The agreements under paragraph
            (1) may include--
                        ``(A) cooperative arrangements for examining and
                    testing seafood imports that leverage the resources,
                    capabilities, and authorities of each party to the
                    agreement;
                        ``(B) coordination of inspections of foreign
                    facilities to increase the percentage of imported
                    seafood and seafood facilities inspected;
                        ``(C) standardization of data on seafood names,
                    inspection records, and laboratory testing to improve
                    interagency coordination;
                        ``(D) coordination to detect and investigate
                    violations under applicable Federal law;
                        ``(E) a process, including the use or modification
                    of existing processes, by which officers and employees
                    of the National Oceanic and Atmospheric Administration
                    may be duly designated by the Secretary to carry out
                    seafood examinations and investigations under section
                    801 of this Act or section 203 of the Food Allergen
                    Labeling and Consumer Protection Act of 2004;
                        ``(F) the sharing of information concerning
                    observed noncompliance with United States food
                    requirements domestically and in foreign nations and
                    new regulatory decisions and policies that may affect
                    the safety of food imported into the United States;
                        ``(G) conducting joint training on subjects that
                    affect and strengthen seafood inspection effectiveness
                    by Federal authorities; and
                        ``(H) outreach on Federal efforts to enhance
                    seafood safety and compliance with Federal food safety
                    requirements.
        ``(d) Coordination.--The Secretary shall improve coordination and
    cooperation with the Secretary of Agriculture and the Secretary of
    Homeland Security to target food inspection resources.
        ``(e) Facility.--For purposes of this section, the term `facility'
    means a domestic facility or a foreign facility that is required to
    register under section 415.''.
        (b) Annual Report.--Section 1003 (21 U.S.C. 393) is amended by
    adding at the end the following:
        ``(h) Annual Report Regarding Food.--Not later than February 1 of
    each year, the Secretary shall submit to Congress a report, including
    efforts to coordinate and cooperate with other Federal agencies with
    responsibilities for food inspections, regarding--
                ``(1) information about food facilities including--
                        ``(A) the appropriations used to inspect facilities
                    registered pursuant to section 415 in the previous
                    fiscal year;
                        ``(B) the average cost of both a non-high-risk food
                    facility inspection and a high-risk food facility
                    inspection, if such a difference exists, in the
                    previous fiscal year;
                        ``(C) the number of domestic facilities and the
                    number of foreign facilities registered pursuant to
                    section 415 that the Secretary inspected in the
                    previous fiscal year;
                        ``(D) the number of domestic facilities and the
                    number of foreign facilities registered pursuant to
                    section 415 that were scheduled for inspection in the
                    previous fiscal year and which the Secretary did not
                    inspect in such year;
                        ``(E) the number of high-risk facilities identified
                    pursuant to section 421 that the Secretary inspected in
                    the previous fiscal year; and
                        ``(F) the number of high-risk facilities identified
                    pursuant to section 421 that were scheduled for
                    inspection in the previous fiscal year and which the
                    Secretary did not inspect in such year.
                ``(2) information about food imports including--
                        ``(A) the number of lines of food imported into the
                    United States that the Secretary physically inspected
                    or sampled in the previous fiscal year;
                        ``(B) the number of lines of food imported into the
                    United States that the Secretary did not physically
                    inspect or sample in the previous fiscal year; and
                        ``(C) the average cost of physically inspecting or
                    sampling a line of food subject to this Act that is
                    imported or offered for import into the United States;
                    and
                ``(3) information on the foreign offices of the Food and
            Drug Administration including--
                        ``(A) the number of foreign offices established;
                    and
                        ``(B) the number of personnel permanently stationed
                    in each foreign office.
        ``(i) Public Availability of Annual Food Reports.--The Secretary
    shall make the reports required under subsection (h) available to the
    public on the Internet Web site of the Food and Drug Administration.''.
        (c) Advisory Committee Consultation.--In allocating inspection
    resources as described in section 421 of the Federal Food, Drug, and
    Cosmetic Act (as added by subsection (a)), the Secretary may, as
    appropriate, consult with any relevant advisory committee within the
    Department of Health and Human Services.

    SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

        (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as amended by
    section 6201, is amended by adding at the end the following:

    ``SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

        ``(a) Recognition of Laboratory Accreditation.--
                ``(1) In general.--Not later than 2 years after the date of
            enactment of the FDA Food Safety Modernization Act, the
            Secretary shall--
                        ``(A) establish a program for the testing of food
                    by accredited laboratories;
                        ``(B) establish a publicly available registry of
                    accreditation bodies recognized by the Secretary and
                    laboratories accredited by a recognized accreditation
                    body, including the name of, contact information for,
                    and other information deemed appropriate by the
                    Secretary about such bodies and laboratories; and
                        ``(C) require, as a condition of recognition or
                    accreditation, as appropriate, that recognized
                    accreditation bodies and accredited laboratories report
                    to the Secretary any changes that would affect the
                    recognition of such accreditation body or the
                    accreditation of such laboratory.
                ``(2) Program requirements.--The program established under
            paragraph (1)(A) shall provide for the recognition of
            laboratory accreditation bodies that meet criteria established
            by the Secretary for accreditation of laboratories, including
            independent private laboratories and laboratories run and
            operated by a Federal agency (including the Department of
            Commerce), State, or locality with a demonstrated capability to
            conduct 1 or more sampling and analytical testing methodologies
            for food.
                ``(3) Increasing the number of qualified laboratories.--The
            Secretary shall work with the laboratory accreditation bodies
            recognized under paragraph (1), as appropriate, to increase the
            number of qualified laboratories that are eligible to perform
            testing under subsection (b) beyond the number so qualified on
            the date of enactment of the FDA Food Safety Modernization Act.
                ``(4) Limited distribution.--In the interest of national
            security, the Secretary, in coordination with the Secretary of
            Homeland Security, may determine the time, manner, and form in
            which the registry established under paragraph (1)(B) is made
            publicly available.
                ``(5) Foreign laboratories.--Accreditation bodies
            recognized by the Secretary under paragraph (1) may accredit
            laboratories that operate outside the United States, so long as
            such laboratories meet the accreditation standards applicable
            to domestic laboratories accredited under this section.
                ``(6) Model laboratory standards.--The Secretary shall
            develop model standards that a laboratory shall meet to be
            accredited by a recognized accreditation body for a specified
            sampling or analytical testing methodology and included in the
            registry provided for under paragraph (1). In developing the
            model standards, the Secretary shall consult existing standards
            for guidance. The model standards shall include--
                        ``(A) methods to ensure that--
                                ``(i) appropriate sampling, analytical
                            procedures (including rapid analytical
                            procedures), and commercially available
                            techniques are followed and reports of analyses
                            are certified as true and accurate;
                                ``(ii) internal quality systems are
                            established and maintained;
                                ``(iii) procedures exist to evaluate and
                            respond promptly to complaints regarding
                            analyses and other activities for which the
                            laboratory is accredited; and
                                ``(iv) individuals who conduct the sampling
                            and analyses are qualified by training and
                            experience to do so; and
                        ``(B) any other criteria determined appropriate by
                    the Secretary.
                ``(7) Review of recognition.--To ensure compliance with the
            requirements of this section, the Secretary--
                        ``(A) shall periodically, and in no case less than
                    once every 5 years, reevaluate accreditation bodies
                    recognized under paragraph (1) and may accompany
                    auditors from an accreditation body to assess whether
                    the accreditation body meets the criteria for
                    recognition; and
                        ``(B) shall promptly revoke the recognition of any
                    accreditation body found not to be in compliance with
                    the requirements of this section, specifying, as
                    appropriate, any terms and conditions necessary for
                    laboratories accredited by such body to continue to
                    perform testing as described in this section.
        ``(b) Testing Procedures.--
                ``(1) In general.--Not later than 30 months after the date
            of enactment of the FDA Food Safety Modernization Act, food
            testing shall be conducted by Federal laboratories or non-
            Federal laboratories that have been accredited for the
            appropriate sampling or analytical testing methodology or
            methodologies by a recognized accreditation body on the
            registry established by the Secretary under subsection
            (a)(1)(B) whenever such testing is conducted--
                        ``(A) by or on behalf of an owner or consignee--
                                ``(i) in response to a specific testing
                            requirement under this Act or implementing
                            regulations, when applied to address an
                            identified or suspected food safety problem;
                            and
                                ``(ii) as required by the Secretary, as the
                            Secretary deems appropriate, to address an
                            identified or suspected food safety problem; or
                        ``(B) on behalf of an owner or consignee--
                                ``(i) in support of admission of an article
                            of food under section 801(a); and
                                ``(ii) under an Import Alert that requires
                            successful consecutive tests.
                ``(2) Results of testing.--The results of any such testing
            shall be sent directly to the Food and Drug Administration,
            except the Secretary may by regulation exempt test results from
            such submission requirement if the Secretary determines that
            such results do not contribute to the protection of public
            health. Test results required to be submitted may be submitted
            to the Food and Drug Administration through electronic means.
                ``(3) Exception.--The Secretary may waive requirements
            under this subsection if--
                        ``(A) a new methodology or methodologies have been
                    developed and validated but a laboratory has not yet
                    been accredited to perform such methodology or
                    methodologies; and
                        ``(B) the use of such methodology or methodologies
                    are necessary to prevent, control, or mitigate a food
                    emergency or foodborne illness outbreak.
        ``(c) Review by Secretary.--If food sampling and testing performed
    by a laboratory run and operated by a State or locality that is
    accredited by a recognized accreditation body on the registry
    established by the Secretary under subsection (a) result in a State
    recalling a food, the Secretary shall review the sampling and testing
    results for the purpose of determining the need for a national recall
    or other compliance and enforcement activities.
        ``(d) No Limit on Secretarial Authority.--Nothing in this section
    shall be construed to limit the ability of the Secretary to review and
    act upon information from food testing, including determining the
    sufficiency of such information and testing.''.
        (b) Food Emergency Response Network.--The Secretary, in
    coordination with the Secretary of Agriculture, the Secretary of
    Homeland Security, and State, local, and tribal governments shall, not
    later than 180 days after the date of enactment of this Act, and
    biennially thereafter, submit to the relevant committees of Congress,
    and make publicly available on the Internet Web site of the Department
    of Health and Human Services, a report on the progress in implementing
    a national food emergency response laboratory network that--
                (1) provides ongoing surveillance, rapid detection, and
            surge capacity for large-scale food-related emergencies,
            including intentional adulteration of the food supply;
                (2) coordinates the food laboratory capacities of State,
            local, and tribal food laboratories, including the adoption of
            novel surveillance and identification technologies and the
            sharing of data among Federal agencies and State laboratories
            to develop national situational awareness;
                (3) provides accessible, timely, accurate, and consistent
            food laboratory services throughout the United States;
                (4) develops and implements a methods repository for use by
            Federal, State, and local officials;
                (5) responds to food-related emergencies; and
                (6) is integrated with relevant laboratory networks
            administered by other Federal agencies.

    SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY NETWORKS.

        (a) In General.--The Secretary of Homeland Security, in
    coordination with the Secretary of Health and Human Services, the
    Secretary of Agriculture, the Secretary of Commerce, and the
    Administrator of the Environmental Protection Agency, shall maintain an
    agreement through which relevant laboratory network members, as
    determined by the Secretary of Homeland Security, shall--
                (1) agree on common laboratory methods in order to reduce
            the time required to detect and respond to foodborne illness
            outbreaks and facilitate the sharing of knowledge and
            information relating to animal health, agriculture, and human
            health;
                (2) identify means by which laboratory network members
            could work cooperatively--
                        (A) to optimize national laboratory preparedness;
                    and
                        (B) to provide surge capacity during emergencies;
                    and
                (3) engage in ongoing dialogue and build relationships that
            will support a more effective and integrated response during
            emergencies.
        (b) Reporting Requirement.--The Secretary of Homeland Security
    shall, on a biennial basis, submit to the relevant committees of
    Congress, and make publicly available on the Internet Web site of the
    Department of Homeland Security, a report on the progress of the
    integrated consortium of laboratory networks, as established under
    subsection (a), in carrying out this section.

    SEC. 6204. ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING.

        (a) Pilot Projects.--
                (1) In general.--Not later than 270 days after the date of
            enactment of this Act, the Secretary of Health and Human
            Services (referred to in this section as the ``Secretary''),
            taking into account recommendations from the Secretary of
            Agriculture and representatives of State departments of health
            and agriculture, shall establish pilot projects in coordination
            with the food industry to explore and evaluate methods to
            rapidly and effectively identify recipients of food to prevent
            or mitigate a foodborne illness outbreak and to address
            credible threats of serious adverse health consequences or
            death to humans or animals as a result of such food being
            adulterated under section 402 of the Federal Food, Drug, and
            Cosmetic Act (21 U.S.C. 342) or misbranded under section 403(w)
            of such Act (21 U.S.C. 343(w)).
                (2) Content.--The Secretary shall conduct 1 or more pilot
            projects under paragraph (1) in coordination with the processed
            food sector and 1 or more such pilot projects in coordination
            with processors or distributors of fruits and vegetables that
            are raw agricultural commodities. The Secretary shall ensure
            that the pilot projects under paragraph (1) reflect the
            diversity of the food supply and include at least 3 different
            types of foods that have been the subject of significant
            outbreaks during the 5-year period preceding the date of
            enactment of this Act, and are selected in order to--
                        (A) develop and demonstrate methods for rapid and
                    effective tracking and tracing of foods in a manner
                    that is practicable for facilities of varying sizes,
                    including small businesses;
                        (B) develop and demonstrate appropriate
                    technologies, including technologies existing on the
                    date of enactment of this Act, that enhance the
                    tracking and tracing of food; and
                        (C) inform the promulgation of regulations under
                    subsection (d).
                (3) Report.--Not later than 18 months after the date of
            enactment of this Act, the Secretary shall report to Congress
            on the findings of the pilot projects under this subsection
            together with recommendations for improving the tracking and
            tracing of food.
        (b) Additional Data Gathering.--
                (1) In general.--The Secretary, in coordination with the
            Secretary of Agriculture and multiple representatives of State
            departments of health and agriculture, shall assess--
                        (A) the costs and benefits associated with the
                    adoption and use of several product tracing
                    technologies, including technologies used in the pilot
                    projects under subsection (a);
                        (B) the feasibility of such technologies for
                    different sectors of the food industry, including small
                    businesses; and
                        (C) whether such technologies are compatible with
                    the requirements of this subsection.
                (2) Requirements.--To the extent practicable, in carrying
            out paragraph (1), the Secretary shall--
                        (A) evaluate domestic and international product
                    tracing practices in commercial use;
                        (B) consider international efforts, including an
                    assessment of whether product tracing requirements
                    developed under this section are compatible with global
                    tracing systems, as appropriate; and
                        (C) consult with a diverse and broad range of
                    experts and stakeholders, including representatives of
                    the food industry, agricultural producers, and
                    nongovernmental organizations that represent the
                    interests of consumers.
        (c) Product Tracing System.--The Secretary, in consultation with
    the Secretary of Agriculture, shall, as appropriate, establish within
    the Food and Drug Administration a product tracing system to receive
    information that improves the capacity of the Secretary to effectively
    and rapidly track and trace food that is in the United States or
    offered for import into the United States. Prior to the establishment
    of such product tracing system, the Secretary shall examine the results
    of applicable pilot projects and shall ensure that the activities of
    such system are adequately supported by the results of such pilot
    projects.
        (d) Additional Recordkeeping Requirements for High-risk Foods.--
                (1) In general.--In order to rapidly and effectively
            identify recipients of a food to prevent or mitigate a
            foodborne illness outbreak and to address credible threats of
            serious adverse health consequences or death to humans or
            animals as a result of such food being adulterated under
            section 402 of the Federal Food, Drug, and Cosmetic Act or
            misbranded under section 403(w) of such Act, not later than 2
            years after the date of enactment of this Act, the Secretary
            shall publish a notice of proposed rulemaking to establish
            recordkeeping requirements, in addition to the requirements
            under section 414 of the Federal Food, Drug, and Cosmetic Act
            (21 U.S.C. 350c) and subpart J of part 1 of title 21, Code of
            Federal Regulations (or any successor regulations), for
            facilities that manufacture, process, pack, or hold foods that
            the Secretary designates under paragraph (2) as high-risk
            foods. The Secretary shall set an appropriate effective date of
            such additional requirements for foods designated as high risk
            that takes into account the length of time necessary to comply
            with such requirements. Such requirements shall--
                        (A) relate only to information that is reasonably
                    available and appropriate;
                        (B) be science-based;
                        (C) not prescribe specific technologies for the
                    maintenance of records;
                        (D) ensure that the public health benefits of
                    imposing additional recordkeeping requirements outweigh
                    the cost of compliance with such requirements;
                        (E) be scale-appropriate and practicable for
                    facilities of varying sizes and capabilities with
                    respect to costs and recordkeeping burdens, and not
                    require the creation and maintenance of duplicate
                    records where the information is contained in other
                    company records kept in the normal course of business;
                        (F) minimize the number of different recordkeeping
                    requirements for facilities that handle more than 1
                    type of food;
                        (G) to the extent practicable, not require a
                    facility to change business systems to comply with such
                    requirements;
                        (H) allow any person subject to this subsection to
                    maintain records required under this subsection at a
                    central or reasonably accessible location provided that
                    such records can be made available to the Secretary not
                    later than 24 hours after the Secretary requests such
                    records;
                        (I) include a process by which the Secretary may
                    issue a waiver of the requirements under this
                    subsection if the Secretary determines that such
                    requirements would result in an economic hardship for
                    an individual facility or a type of facility;
                        (J) be commensurate with the known safety risks of
                    the designated food;
                        (K) take into account international trade
                    obligations;
                        (L) not require--
                                (i) a full pedigree, or a record of the
                            complete previous distribution history of the
                            food from the point of origin of such food;
                                (ii) records of recipients of a food beyond
                            the immediate subsequent recipient of such
                            food; or
                                (iii) product tracking to the case level by
                            persons subject to such requirements; and
                        (M) include a process by which the Secretary may
                    remove a high-risk food designation developed under
                    paragraph (2) for a food or type of food.
                (2) Designation of high-risk foods.--
                        (A) In general.--Not later than 1 year after the
                    date of enactment of this Act, and thereafter as the
                    Secretary determines necessary, the Secretary shall
                    designate high-risk foods for which the additional
                    recordkeeping requirements described in paragraph (1)
                    are appropriate and necessary to protect the public
                    health. Each such designation shall be based on--
                                (i) the known safety risks of a particular
                            food, including the history and severity of
                            foodborne illness outbreaks attributed to such
                            food, taking into consideration foodborne
                            illness data collected by the Centers for
                            Disease Control and Prevention;
                                (ii) the likelihood that a particular food
                            has a high potential risk for microbiological
                            or chemical contamination or would support the
                            growth of pathogenic microorganisms due to the
                            nature of the food or the processes used to
                            produce such food;
                                (iii) the point in the manufacturing
                            process of the food where contamination is most
                            likely to occur;
                                (iv) the likelihood of contamination and
                            steps taken during the manufacturing process to
                            reduce the possibility of contamination;
                                (v) the likelihood that consuming a
                            particular food will result in a foodborne
                            illness due to contamination of the food; and
                                (vi) the likely or known severity,
                            including health and economic impacts, of a
                            foodborne illness attributed to a particular
                            food.
                        (B) List of high-risk foods.--At the time the
                    Secretary promulgates the final rules under paragraph
                    (1), the Secretary shall publish the list of the foods
                    designated under subparagraph (A) as high-risk foods on
                    the Internet website of the Food and Drug
                    Administration. The Secretary may update the list to
                    designate new high-risk foods and to remove foods that
                    are no longer deemed to be high-risk foods, provided
                    that each such update to the list is consistent with
                    the requirements of this subsection and notice of such
                    update is published in the Federal Register.
                (3) Protection of sensitive information.--In promulgating
            regulations under this subsection, the Secretary shall take
            appropriate measures to ensure that there are effective
            procedures to prevent the unauthorized disclosure of any trade
            secret or confidential information that is obtained by the
            Secretary pursuant to this section, including periodic risk
            assessment and planning to prevent unauthorized release and
            controls to--
                        (A) prevent unauthorized reproduction of trade
                    secret or confidential information;
                        (B) prevent unauthorized access to trade secret or
                    confidential information; and
                        (C) maintain records with respect to access by any
                    person to trade secret or confidential information
                    maintained by the agency.
                (4) Public input.--During the comment period in the notice
            of proposed rulemaking under paragraph (1), the Secretary shall
            conduct not less than 3 public meetings in diverse geographical
            areas of the United States to provide persons in different
            regions an opportunity to comment.
                (5) Retention of records.--Except as otherwise provided in
            this subsection, the Secretary may require that a facility
            retain records under this subsection for not more than 2 years,
            taking into consideration the risk of spoilage, loss of value,
            or loss of palatability of the applicable food when determining
            the appropriate timeframes.
                (6) Limitations.--
                        (A) Farm-to-school programs.--In establishing
                    requirements under this subsection, the Secretary
                    shall, in consultation with the Secretary of
                    Agriculture, consider the impact of requirements on
                    farm-to-school or farm-to-institution programs of the
                    Department of Agriculture and other farm-to-school and
                    farm-to-institution programs outside such agency, and
                    shall modify the requirements under this subsection, as
                    appropriate, with respect to such programs so that the
                    requirements do not place undue burdens on farm-to-
                    school or farm-to-institution programs.
                        (B) Identity-preserved labels with respect to farm
                    sales of food that is produced and packaged on a
                    farm.--The requirements under this subsection shall not
                    apply to a food that is produced and packaged on a farm
                    if--
                                (i) the packaging of the food maintains the
                            integrity of the product and prevents
                            subsequent contamination or alteration of the
                            product; and
                                (ii) the labeling of the food includes the
                            name, complete address (street address, town,
                            State, country, and zip or other postal code),
                            and business phone number of the farm, unless
                            the Secretary waives the requirement to include
                            a business phone number of the farm, as
                            appropriate, in order to accommodate a
                            religious belief of the individual in charge of
                            such farm.
                        (C) Fishing vessels.--The requirements under this
                    subsection with respect to a food that is produced
                    through the use of a fishing vessel (as defined in
                    section 3(18) of the Magnuson-Stevens Fishery
                    Conservation and Management Act (16 U.S.C. 1802(18)))
                    shall be limited to the requirements under subparagraph
                    (F) until such time as the food is sold by the owner,
                    operator, or agent in charge of such fishing vessel.
                        (D) Commingled raw agricultural commodities.--
                                (i) Limitation on extent of tracing.--
                            Recordkeeping requirements under this
                            subsection with regard to any commingled raw
                            agricultural commodity shall be limited to the
                            requirements under subparagraph (F).
                                (ii) Definitions.--For the purposes of this
                            subparagraph--
                                        (I) the term ``commingled raw
                                    agricultural commodity'' means any
                                    commodity that is combined or mixed
                                    after harvesting, but before
                                    processing;
                                        (II) the term ``commingled raw
                                    agricultural commodity'' shall not
                                    include types of fruits and vegetables
                                    that are raw agricultural commodities
                                    for which the Secretary has determined
                                    that standards promulgated under
                                    section 419 of the Federal Food, Drug,
                                    and Cosmetic Act (as added by section
                                    6105) would minimize the risk of
                                    serious adverse health consequences or
                                    death; and
                                        (III) the term ``processing'' means
                                    operations that alter the general state
                                    of the commodity, such as canning,
                                    cooking, freezing, dehydration,
                                    milling, grinding, pasteurization, or
                                    homogenization.
                        (E) Exemption of other foods.--The Secretary may,
                    by notice in the Federal Register, modify the
                    requirements under this subsection with respect to, or
                    exempt a food or a type of facility from, the
                    requirements of this subsection (other than the
                    requirements under subparagraph (F), if applicable) if
                    the Secretary determines that product tracing
                    requirements for such food (such as bulk or commingled
                    ingredients that are intended to be processed to
                    destroy pathogens) or type of facility is not necessary
                    to protect the public health.
                        (F) Recordkeeping regarding previous sources and
                    subsequent recipients.--In the case of a person or food
                    to which a limitation or exemption under subparagraph
                    (C), (D), or (E) applies, if such person, or a person
                    who manufactures, processes, packs, or holds such food,
                    is required to register with the Secretary under
                    section 415 of the Federal Food, Drug, and Cosmetic Act
                    (21 U.S.C. 350d) with respect to the manufacturing,
                    processing, packing, or holding of the applicable food,
                    the Secretary shall require such person to maintain
                    records that identify the immediate previous source of
                    such food and the immediate subsequent recipient of
                    such food.
                        (G) Grocery stores.--With respect to a sale of a
                    food described in subparagraph (H) to a grocery store,
                    the Secretary shall not require such grocery store to
                    maintain records under this subsection other than
                    records documenting the farm that was the source of
                    such food. The Secretary shall not require that such
                    records be kept for more than 180 days.
                        (H) Farm sales to consumers.--The Secretary shall
                    not require a farm to maintain any distribution records
                    under this subsection with respect to a sale of a food
                    described in subparagraph (I) (including a sale of a
                    food that is produced and packaged on such farm), if
                    such sale is made by the farm directly to a consumer.
                        (I) Sale of a food.--A sale of a food described in
                    this subparagraph is a sale of a food in which--
                                (i) the food is produced on a farm; and
                                (ii) the sale is made by the owner,
                            operator, or agent in charge of such farm
                            directly to a consumer or grocery store.
                (7) No impact on non-high-risk foods.--The recordkeeping
            requirements established under paragraph (1) shall have no
            effect on foods that are not designated by the Secretary under
            paragraph (2) as high-risk foods. Foods described in the
            preceding sentence shall be subject solely to the recordkeeping
            requirements under section 414 of the Federal Food, Drug, and
            Cosmetic Act (21 U.S.C. 350c) and subpart J of part 1 of title
            21, Code of Federal Regulations (or any successor regulations).
        (e) Evaluation and Recommendations.--
                (1) Report.--Not later than 1 year after the effective date
            of the final rule promulgated under subsection (d)(1), the
            Comptroller General of the United States shall submit to
            Congress a report, taking into consideration the costs of
            compliance and other regulatory burdens on small businesses and
            Federal, State, and local food safety practices and
            requirements, that evaluates the public health benefits and
            risks, if any, of limiting--
                        (A) the product tracing requirements under
                    subsection (d) to foods identified under paragraph (2)
                    of such subsection, including whether such requirements
                    provide adequate assurance of traceability in the event
                    of intentional adulteration, including by acts of
                    terrorism; and
                        (B) the participation of restaurants in the
                    recordkeeping requirements.
                (2) Determination and recommendations.--In conducting the
            evaluation and report under paragraph (1), if the Comptroller
            General of the United States determines that the limitations
            described in such paragraph do not adequately protect the
            public health, the Comptroller General shall submit to Congress
            recommendations, if appropriate, regarding recordkeeping
            requirements for restaurants and additional foods, in order to
            protect the public health.
        (f) Farms.--
                (1) Request for information.--Notwithstanding subsection
            (d), during an active investigation of a foodborne illness
            outbreak, or if the Secretary determines it is necessary to
            protect the public health and prevent or mitigate a foodborne
            illness outbreak, the Secretary, in consultation and
            coordination with State and local agencies responsible for food
            safety, as appropriate, may request that the owner, operator,
            or agent of a farm identify potential immediate recipients,
            other than consumers, of an article of the food that is the
            subject of such investigation if the Secretary reasonably
            believes such article of food--
                        (A) is adulterated under section 402 of the Federal
                    Food, Drug, and Cosmetic Act;
                        (B) presents a threat of serious adverse health
                    consequences or death to humans or animals; and
                        (C) was adulterated as described in subparagraph
                    (A) on a particular farm (as defined in section 1.227
                    of chapter 21, Code of Federal Regulations (or any
                    successor regulation)).
                (2) Manner of request.--In making a request under paragraph
            (1), the Secretary, in consultation and coordination with State
            and local agencies responsible for food safety, as appropriate,
            shall issue a written notice to the owner, operator, or agent
            of the farm to which the article of food has been traced. The
            individual providing such notice shall present to such owner,
            operator, or agent appropriate credentials and shall deliver
            such notice at reasonable times and within reasonable limits
            and in a reasonable manner.
                (3) Delivery of information requested.--The owner,
            operator, or agent of a farm shall deliver the information
            requested under paragraph (1) in a prompt and reasonable
            manner. Such information may consist of records kept in the
            normal course of business, and may be in electronic or
            nonelectronic format.
                (4) Limitation.--A request made under paragraph (1) shall
            not include a request for information relating to the finances,
            pricing of commodities produced, personnel, research, sales
            (other than information relating to shipping), or other
            disclosures that may reveal trade secrets or confidential
            information from the farm to which the article of food has been
            traced, other than information necessary to identify potential
            immediate recipients of such food. Section 301(j) of the
            Federal Food, Drug, and Cosmetic Act and the Freedom of
            Information Act shall apply with respect to any confidential
            commercial information that is disclosed to the Food and Drug
            Administration in the course of responding to a request under
            paragraph (1).
                (5) Records.--Except with respect to identifying potential
            immediate recipients in response to a request under this
            subsection, nothing in this subsection shall require the
            establishment or maintenance by farms of new records.
        (g) No Limitation on Commingling of Food.--Nothing in this section
    shall be construed to authorize the Secretary to impose any limitation
    on the commingling of food.
        (h) Small Entity Compliance Guide.--Not later than 180 days after
    promulgation of a final rule under subsection (d), the Secretary shall
    issue a small entity compliance guide setting forth in plain language
    the requirements of the regulations under such subsection in order to
    assist small entities, including farms and small businesses, in
    complying with the recordkeeping requirements under such subsection.
        (i) Flexibility for Small Businesses.--Notwithstanding any other
    provision of law, the regulations promulgated under subsection (d)
    shall apply--
                (1) to small businesses (as defined by the Secretary in
            section 6103, not later than 90 days after the date of
            enactment of this Act) beginning on the date that is 1 year
            after the effective date of the final regulations promulgated
            under subsection (d); and
                (2) to very small businesses (as defined by the Secretary
            in section 6103, not later than 90 days after the date of
            enactment of this Act) beginning on the date that is 2 years
            after the effective date of the final regulations promulgated
            under subsection (d).
        (j) Enforcement.--
                (1) Prohibited acts.--Section 301(e) (21 U.S.C. 331(e)) is
            amended by inserting ``; or the violation of any recordkeeping
            requirement under section 6204 of the FDA Food Safety
            Modernization Act (except when such violation is committed by a
            farm)'' before the period at the end.
                (2) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended
            by inserting ``or (4) the recordkeeping requirements under
            section 6204 of the FDA Food Safety Modernization Act (other
            than the requirements under subsection (f) of such section)
            have not been complied with regarding such article,'' in the
            third sentence before ``then such article shall be refused
            admission''.

    SEC. 6205. SURVEILLANCE.

        (a) Definition of Foodborne Illness Outbreak.--In this Act, the
    term ``foodborne illness outbreak'' means the occurrence of 2 or more
    cases of a similar illness resulting from the ingestion of a certain
    food.
        (b) Foodborne Illness Surveillance Systems.--
                (1) In general.--The Secretary, acting through the Director
            of the Centers for Disease Control and Prevention, shall
            enhance foodborne illness surveillance systems to improve the
            collection, analysis, reporting, and usefulness of data on
            foodborne illnesses by--
                        (A) coordinating Federal, State, and local
                    foodborne illness surveillance systems, including
                    complaint systems, and increasing participation in
                    national networks of public health and food regulatory
                    agencies and laboratories;
                        (B) facilitating sharing of surveillance
                    information on a more timely basis among governmental
                    agencies, including the Food and Drug Administration,
                    the Department of Agriculture, the Department of
                    Homeland Security, and State and local agencies, and
                    with the public;
                        (C) developing improved epidemiological tools for
                    obtaining quality exposure data and microbiological
                    methods for classifying cases;
                        (D) augmenting such systems to improve attribution
                    of a foodborne illness outbreak to a specific food;
                        (E) expanding capacity of such systems, including
                    working toward automatic electronic searches, for
                    implementation of identification practices, including
                    fingerprinting strategies, for foodborne infectious
                    agents, in order to identify new or rarely documented
                    causes of foodborne illness and submit standardized
                    information to a centralized database;
                        (F) allowing timely public access to aggregated,
                    de-identified surveillance data;
                        (G) at least annually, publishing current reports
                    on findings from such systems;
                        (H) establishing a flexible mechanism for rapidly
                    initiating scientific research by academic
                    institutions;
                        (I) integrating foodborne illness surveillance
                    systems and data with other biosurveillance and public
                    health situational awareness capabilities at the
                    Federal, State, and local levels, including by sharing
                    foodborne illness surveillance data with the National
                    Biosurveillance Integration Center; and
                        (J) other activities as determined appropriate by
                    the Secretary.
                (2) Working group.--The Secretary shall support and
            maintain a diverse working group of experts and stakeholders
            from Federal, State, and local food safety and health agencies,
            the food and food testing industries, consumer organizations,
            and academia. Such working group shall provide the Secretary,
            through at least annual meetings of the working group and an
            annual public report, advice and recommendations on an ongoing
            and regular basis regarding the improvement of foodborne
            illness surveillance and implementation of this section,
            including advice and recommendations on--
                        (A) the priority needs of regulatory agencies, the
                    food industry, and consumers for information and
                    analysis on foodborne illness and its causes;
                        (B) opportunities to improve the effectiveness of
                    initiatives at the Federal, State, and local levels,
                    including coordination and integration of activities
                    among Federal agencies, and among the Federal, State,
                    and local levels of government;
                        (C) improvement in the timeliness and depth of
                    access by regulatory and health agencies, the food
                    industry, academic researchers, and consumers to
                    foodborne illness aggregated, de-identified
                    surveillance data collected by government agencies at
                    all levels, including data compiled by the Centers for
                    Disease Control and Prevention;
                        (D) key barriers at Federal, State, and local
                    levels to improving foodborne illness surveillance and
                    the utility of such surveillance for preventing
                    foodborne illness;
                        (E) the capabilities needed for establishing
                    automatic electronic searches of surveillance data; and
                        (F) specific actions to reduce barriers to
                    improvement, implement the working group's
                    recommendations, and achieve the purposes of this
                    section, with measurable objectives and timelines, and
                    identification of resource and staffing needs.
                (3) Authorization of appropriations.--To carry out the
            activities described in paragraph (1), there is authorized to
            be appropriated $24,000,000 for each fiscal years 2011 through
            2015.
        (c) Improving Food Safety and Defense Capacity at the State and
    Local Level.--
                (1) In general.--The Secretary shall develop and implement
            strategies to leverage and enhance the food safety and defense
            capacities of State and local agencies in order to achieve the
            following goals:
                        (A) Improve foodborne illness outbreak response and
                    containment.
                        (B) Accelerate foodborne illness surveillance and
                    outbreak investigation, including rapid shipment of
                    clinical isolates from clinical laboratories to
                    appropriate State laboratories, and conducting more
                    standardized illness outbreak interviews.
                        (C) Strengthen the capacity of State and local
                    agencies to carry out inspections and enforce safety
                    standards.
                        (D) Improve the effectiveness of Federal, State,
                    and local partnerships to coordinate food safety and
                    defense resources and reduce the incidence of foodborne
                    illness.
                        (E) Share information on a timely basis among
                    public health and food regulatory agencies, with the
                    food industry, with health care providers, and with the
                    public.
                        (F) Strengthen the capacity of State and local
                    agencies to achieve the goals described in section
                    6108.
                (2) Review.--In developing of the strategies required by
            paragraph (1), the Secretary shall, not later than 1 year after
            the date of enactment of the FDA Food Safety Modernization Act,
            complete a review of State and local capacities, and needs for
            enhancement, which may include a survey with respect to--
                        (A) staffing levels and expertise available to
                    perform food safety and defense functions;
                        (B) laboratory capacity to support surveillance,
                    outbreak response, inspection, and enforcement
                    activities;
                        (C) information systems to support data management
                    and sharing of food safety and defense information
                    among State and local agencies and with counterparts at
                    the Federal level; and
                        (D) other State and local activities and needs as
                    determined appropriate by the Secretary.
        (d) Food Safety Capacity Building Grants.--Section 317R(b) of the
    Public Health Service Act (42 U.S.C. 247b-20(b)) is amended--
                (1) by striking ``2002'' and inserting ``2010''; and
                (2) by striking ``2003 through 2006'' and inserting ``2011
            through 2015''.

    SEC. 6206. MANDATORY RECALL AUTHORITY.

        (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as amended by
    section 6202, is amended by adding at the end the following:

    ``SEC. 423. MANDATORY RECALL AUTHORITY.

        ``(a) Voluntary Procedures.--If the Secretary determines, based on
    information gathered through the reportable food registry under section
    417 or through any other means, that there is a reasonable probability
    that an article of food (other than infant formula) is adulterated
    under section 402 or misbranded under section 403(w) and the use of or
    exposure to such article will cause serious adverse health consequences
    or death to humans or animals, the Secretary shall provide the
    responsible party (as defined in section 417) with an opportunity to
    cease distribution and recall such article.
        ``(b) Prehearing Order To Cease Distribution and Give Notice.--
                ``(1) In general.--If the responsible party refuses to or
            does not voluntarily cease distribution or recall such article
            within the time and in the manner prescribed by the Secretary
            (if so prescribed), the Secretary may, by order require, as the
            Secretary deems necessary, such person to--
                        ``(A) immediately cease distribution of such
                    article; and
                        ``(B) as applicable, immediately notify all
                    persons--
                                ``(i) manufacturing, processing, packing,
                            transporting, distributing, receiving, holding,
                            or importing and selling such article; and
                                ``(ii) to which such article has been
                            distributed, transported, or sold, to
                            immediately cease distribution of such article.
                ``(2) Required additional information.--
                        ``(A) In general.--If an article of food covered by
                    a recall order issued under paragraph (1)(B) has been
                    distributed to a warehouse-based third-party logistics
                    provider without providing such provider sufficient
                    information to know or reasonably determine the precise
                    identity of the article of food covered by a recall
                    order that is in its possession, the notice provided by
                    the responsible party subject to the order issued under
                    paragraph (1)(B) shall include such information as is
                    necessary for the warehouse-based third-party logistics
                    provider to identify the food.
                        ``(B) Rules of construction.--Nothing in this
                    paragraph shall be construed--
                                ``(i) to exempt a warehouse-based third-
                            party logistics provider from the requirements
                            of this Act, including the requirements in this
                            section and section 414; or
                                ``(ii) to exempt a warehouse-based third
                            party logistics provider from being the subject
                            of a mandatory recall order.
                ``(3) Determination to limit areas affected.--If the
            Secretary requires a responsible party to cease distribution
            under paragraph (1)(A) of an article of food identified in
            subsection (a), the Secretary may limit the size of the
            geographic area and the markets affected by such cessation if
            such limitation would not compromise the public health.
        ``(c) Hearing on Order.--The Secretary shall provide the
    responsible party subject to an order under subsection (b) with an
    opportunity for an informal hearing, to be held as soon as possible,
    but not later than 2 days after the issuance of the order, on the
    actions required by the order and on why the article that is the
    subject of the order should not be recalled.
        ``(d) Post-hearing Recall Order and Modification of Order.--
                ``(1) Amendment of order.--If, after providing opportunity
            for an informal hearing under subsection (c), the Secretary
            determines that removal of the article from commerce is
            necessary, the Secretary shall, as appropriate--
                        ``(A) amend the order to require recall of such
                    article or other appropriate action;
                        ``(B) specify a timetable in which the recall shall
                    occur;
                        ``(C) require periodic reports to the Secretary
                    describing the progress of the recall; and
                        ``(D) provide notice to consumers to whom such
                    article was, or may have been, distributed.
                ``(2) Vacating of order.--If, after such hearing, the
            Secretary determines that adequate grounds do not exist to
            continue the actions required by the order, or that such
            actions should be modified, the Secretary shall vacate the
            order or modify the order.
        ``(e) Rule Regarding Alcoholic Beverages.--The Secretary shall not
    initiate a mandatory recall or take any other action under this section
    with respect to any alcohol beverage until the Secretary has provided
    the Alcohol and Tobacco Tax and Trade Bureau with a reasonable
    opportunity to cease distribution and recall such article under the
    Alcohol and Tobacco Tax and Trade Bureau authority.
        ``(f) Cooperation and Consultation.--The Secretary shall work with
    State and local public health officials in carrying out this section,
    as appropriate.
        ``(g) Public Notification.--In conducting a recall under this
    section, the Secretary shall--
                ``(1) ensure that a press release is published regarding
            the recall, as well as alerts and public notices, as
            appropriate, in order to provide notification--
                        ``(A) of the recall to consumers and retailers to
                    whom such article was, or may have been, distributed;
                    and
                        ``(B) that includes, at a minimum--
                                ``(i) the name of the article of food
                            subject to the recall;
                                ``(ii) a description of the risk associated
                            with such article; and
                                ``(iii) to the extent practicable,
                            information for consumers about similar
                            articles of food that are not affected by the
                            recall;
                ``(2) consult the policies of the Department of Agriculture
            regarding providing to the public a list of retail consignees
            receiving products involved in a Class I recall and shall
            consider providing such a list to the public, as determined
            appropriate by the Secretary; and
                ``(3) if available, publish on the Internet Web site of the
            Food and Drug Administration an image of the article that is
            the subject of the press release described in paragraph (1).
        ``(h) No Delegation.--The authority conferred by this section to
    order a recall or vacate a recall order shall not be delegated to any
    officer or employee other than the Commissioner.
        ``(i) Effect.--Nothing in this section shall affect the authority
    of the Secretary to request or participate in a voluntary recall, or to
    issue an order to cease distribution or to recall under any other
    provision of this Act or under the Public Health Service Act.
        ``(j) Coordinated Communication.--
                ``(1) In general.--To assist in carrying out the
            requirements of this subsection, the Secretary shall establish
            an incident command operation or a similar operation within the
            Department of Health and Human Services that will operate not
            later than 24 hours after the initiation of a mandatory recall
            or the recall of an article of food for which the use of, or
            exposure to, such article will cause serious adverse health
            consequences or death to humans or animals.
                ``(2) Requirements.--To reduce the potential for
            miscommunication during recalls or regarding investigations of
            a foodborne illness outbreak associated with a food that is
            subject to a recall, each incident command operation or similar
            operation under paragraph (1) shall use regular staff and
            resources of the Department of Health and Human Services to--
                        ``(A) ensure timely and coordinated communication
                    within the Department, including enhanced communication
                    and coordination between different agencies and
                    organizations within the Department;
                        ``(B) ensure timely and coordinated communication
                    from the Department, including public statements,
                    throughout the duration of the investigation and
                    related foodborne illness outbreak;
                        ``(C) identify a single point of contact within the
                    Department for public inquiries regarding any actions
                    by the Secretary related to a recall;
                        ``(D) coordinate with Federal, State, local, and
                    tribal authorities, as appropriate, that have
                    responsibilities related to the recall of a food or a
                    foodborne illness outbreak associated with a food that
                    is subject to the recall, including notification of the
                    Secretary of Agriculture and the Secretary of Education
                    in the event such recalled food is a commodity intended
                    for use in a child nutrition program (as identified in
                    section 25(b) of the Richard B. Russell National School
                    Lunch Act (42 U.S.C. 1769f(b)); and
                        ``(E) conclude operations at such time as the
                    Secretary determines appropriate.
                ``(3) Multiple recalls.--The Secretary may establish
            multiple or concurrent incident command operations or similar
            operations in the event of multiple recalls or foodborne
            illness outbreaks necessitating such action by the Department
            of Health and Human Services.''.
        (b) Search Engine.--Not later than 90 days after the date of
    enactment of this Act, the Secretary shall modify the Internet Web site
    of the Food and Drug Administration to include a search engine that--
                (1) is consumer-friendly, as determined by the Secretary;
            and
                (2) provides a means by which an individual may locate
            relevant information regarding each article of food subject to
            a recall under section 423 of the Federal Food, Drug, and
            Cosmetic Act and the status of such recall (such as whether a
            recall is ongoing or has been completed).
        (c) Civil Penalty.--Section 303(f)(2)(A) (21 U.S.C. 333(f)(2)(A))
    is amended by inserting ``or any person who does not comply with a
    recall order under section 423'' after ``section 402(a)(2)(B)''.
        (d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.), as
    amended by section 6106, is amended by adding at the end the following:
        ``(xx) The refusal or failure to follow an order under section
    423.''.
        (e) GAO Review.--
                (1) In general.--Not later than 90 days after the date of
            enactment of this Act, the Comptroller General of the United
            States shall submit to Congress a report that--
                        (A) identifies State and local agencies with the
                    authority to require the mandatory recall of food, and
                    evaluates use of such authority with regard to
                    frequency, effectiveness, and appropriateness,
                    including consideration of any new or existing
                    mechanisms available to compensate persons for general
                    and specific recall-related costs when a recall is
                    subsequently determined by the relevant authority to
                    have been an error;
                        (B) identifies Federal agencies, other than the
                    Department of Health and Human Services, with mandatory
                    recall authority and examines use of that authority
                    with regard to frequency, effectiveness, and
                    appropriateness, including any new or existing
                    mechanisms available to compensate persons for general
                    and specific recall-related costs when a recall is
                    subsequently determined by the relevant agency to have
                    been an error;
                        (C) considers models for farmer restitution
                    implemented in other nations in cases of erroneous
                    recalls; and
                        (D) makes recommendations to the Secretary
                    regarding use of the authority under section 423 of the
                    Federal Food, Drug, and Cosmetic Act (as added by this
                    section) to protect the public health while seeking to
                    minimize unnecessary economic costs.
                (2) Effect of review.--If the Comptroller General of the
            United States finds, after the review conducted under paragraph
            (1), that the mechanisms described in such paragraph do not
            exist or are inadequate, then, not later than 90 days after the
            conclusion of such review, the Secretary of Agriculture shall
            conduct a study of the feasibility of implementing a farmer
            indemnification program to provide restitution to agricultural
            producers for losses sustained as a result of a mandatory
            recall of an agricultural commodity by a Federal or State
            regulatory agency that is subsequently determined to be in
            error. The Secretary of Agriculture shall submit to the
            Committee on Agriculture of the House of Representatives and
            the Committee on Agriculture, Nutrition, and Forestry of the
            Senate a report that describes the results of the study,
            including any recommendations.
        (f) Annual Report to Congress.--
                (1) In general.--Not later than 2 years after the date of
            enactment of this Act and annually thereafter, the Secretary of
            Health and Human Services (referred to in this subsection as
            the ``Secretary'') shall submit a report to the Committee on
            Health, Education, Labor, and Pensions of the Senate and the
            Committee on Energy and Commerce of the House of
            Representatives on the use of recall authority under section
            423 of the Federal Food, Drug, and Cosmetic Act (as added by
            subsection (a)) and any public health advisories issued by the
            Secretary that advise against the consumption of an article of
            food on the ground that the article of food is adulterated and
            poses an imminent danger to health.
                (2) Content.--The report under paragraph (1) shall include,
            with respect to the report year--
                        (A) the identity of each article of food that was
                    the subject of a public health advisory described in
                    paragraph (1), an opportunity to cease distribution and
                    recall under subsection (a) of section 423 of the
                    Federal Food, Drug, and Cosmetic Act, or a mandatory
                    recall order under subsection (b) of such section;
                        (B) the number of responsible parties, as defined
                    in section 417 of the Federal Food, Drug, and Cosmetic
                    Act, formally given the opportunity to cease
                    distribution of an article of food and recall such
                    article, as described in section 423(a) of such Act;
                        (C) the number of responsible parties described in
                    subparagraph (B) who did not cease distribution of or
                    recall an article of food after given the opportunity
                    to cease distribution or recall under section 423(a) of
                    the Federal Food, Drug, and Cosmetic Act;
                        (D) the number of recall orders issued under
                    section 423(b) of the Federal Food, Drug, and Cosmetic
                    Act; and
                        (E) a description of any instances in which there
                    was no testing that confirmed adulteration of an
                    article of food that was the subject of a recall under
                    section 423(b) of the Federal Food, Drug, and Cosmetic
                    Act or a public health advisory described in paragraph
                    (1).

    SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD.

        (a) In General.--Section 304(h)(1)(A) (21 U.S.C. 334(h)(1)(A)) is
    amended by--
                (1) striking ``credible evidence or information
            indicating'' and inserting ``reason to believe''; and
                (2) striking ``presents a threat of serious adverse health
            consequences or death to humans or animals'' and inserting ``is
            adulterated or misbranded''.
        (b) Regulations.--Not later than 120 days after the date of
    enactment of this Act, the Secretary shall issue an interim final rule
    amending subpart K of part 1 of title 21, Code of Federal Regulations,
    to implement the amendment made by this section.
        (c) Effective Date.--The amendment made by this section shall take
    effect 180 days after the date of enactment of this Act.

    SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS.

        (a) In General.--The Administrator of the Environmental Protection
    Agency (referred to in this section as the ``Administrator''), in
    coordination with the Secretary of Health and Human Services, Secretary
    of Homeland Security, and Secretary of Agriculture, shall provide
    support for, and technical assistance to, State, local, and tribal
    governments in preparing for, assessing, decontaminating, and
    recovering from an agriculture or food emergency.
        (b) Development of Standards.--In carrying out subsection (a), the
    Administrator, in coordination with the Secretary of Health and Human
    Services, Secretary of Homeland Security, Secretary of Agriculture, and
    State, local, and tribal governments, shall develop and disseminate
    specific standards and protocols to undertake clean-up, clearance, and
    recovery activities following the decontamination and disposal of
    specific threat agents and foreign animal diseases.
        (c) Development of Model Plans.--In carrying out subsection (a),
    the Administrator, the Secretary of Health and Human Services, and the
    Secretary of Agriculture shall jointly develop and disseminate model
    plans for--
                (1) the decontamination of individuals, equipment, and
            facilities following an intentional contamination of
            agriculture or food; and
                (2) the disposal of large quantities of animals, plants, or
            food products that have been infected or contaminated by
            specific threat agents and foreign animal diseases.
        (d) Exercises.--In carrying out subsection (a), the Administrator,
    in coordination with the entities described under subsection (b), shall
    conduct exercises at least annually to evaluate and identify weaknesses
    in the decontamination and disposal model plans described in subsection
    (c). Such exercises shall be carried out, to the maximum extent
    practicable, as part of the national exercise program under section
    648(b)(1) of the Post-Katrina Emergency Management Reform Act of 2006
    (6 U.S.C. 748(b)(1)).
        (e) Modifications.--Based on the exercises described in subsection
    (d), the Administrator, in coordination with the entities described in
    subsection (b), shall review and modify as necessary the plans
    described in subsection (c) not less frequently than biennially.
        (f) Prioritization.--The Administrator, in coordination with the
    entities described in subsection (b), shall develop standards and plans
    under subsections (b) and (c) in an identified order of priority that
    takes into account--
                (1) highest risk biological, chemical, and radiological
            threat agents;
                (2) agents that could cause the greatest economic
            devastation to the agriculture and food system; and
                (3) agents that are most difficult to clean or remediate.

    SEC. 6209. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND
                  TRIBAL FOOD SAFETY OFFICIALS.

        (a) Improving Training.--Chapter X (21 U.S.C. 391 et seq.) is
    amended by adding at the end the following:

    ``SEC. 1012. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND
                  TRIBAL FOOD SAFETY OFFICIALS.

        ``(a) Training.--The Secretary shall set standards and administer
    training and education programs for the employees of State, local,
    territorial, and tribal food safety officials relating to the
    regulatory responsibilities and policies established by this Act,
    including programs for--
                ``(1) scientific training;
                ``(2) training to improve the skill of officers and
            employees authorized to conduct inspections under sections 702
            and 704;
                ``(3) training to achieve advanced product or process
            specialization in such inspections;
                ``(4) training that addresses best practices;
                ``(5) training in administrative process and procedure and
            integrity issues;
                ``(6) training in appropriate sampling and laboratory
            analysis methodology; and
                ``(7) training in building enforcement actions following
            inspections, examinations, testing, and investigations.
        ``(b) Partnerships With State and Local Officials.--
                ``(1) In general.--The Secretary, pursuant to a contract or
            memorandum of understanding between the Secretary and the head
            of a State, local, territorial, or tribal department or agency,
            is authorized and encouraged to conduct examinations, testing,
            and investigations for the purposes of determining compliance
            with the food safety provisions of this Act through the
            officers and employees of such State, local, territorial, or
            tribal department or agency.
                ``(2) Content.--A contract or memorandum described under
            paragraph (1) shall include provisions to ensure adequate
            training of such officers and employees to conduct such
            examinations, testing, and investigations. The contract or
            memorandum shall contain provisions regarding reimbursement.
            Such provisions may, at the sole discretion of the head of the
            other department or agency, require reimbursement, in whole or
            in part, from the Secretary for the examinations, testing, or
            investigations performed pursuant to this section by the
            officers or employees of the State, territorial, or tribal
            department or agency.
                ``(3) Effect.--Nothing in this subsection shall be
            construed to limit the authority of the Secretary under section
            702.
        ``(c) Extension Service.--The Secretary shall ensure coordination
    with the extension activities of the National Institute of Food and
    Agriculture of the Department of Agriculture in advising producers and
    small processors transitioning into new practices required as a result
    of the enactment of the FDA Food Safety Modernization Act and assisting
    regulated industry with compliance with such Act.
        ``(d) National Food Safety Training, Education, Extension,
    Outreach, and Technical Assistance Program.--
                ``(1) In general.--In order to improve food safety and
            reduce the incidence of foodborne illness, the Secretary shall,
            not later than 180 days after the date of enactment of the FDA
            Food Safety Modernization Act, enter into one or more memoranda
            of understanding, or enter into other cooperative agreements,
            with the Secretary of Agriculture to establish a competitive
            grant program within the National Institute for Food and
            Agriculture to provide food safety training, education,
            extension, outreach, and technical assistance to--
                        ``(A) owners and operators of farms;
                        ``(B) small food processors; and
                        ``(C) small fruit and vegetable merchant
                    wholesalers.
                ``(2) Implementation.--The competitive grant program
            established under paragraph (1) shall be carried out in
            accordance with section 405 of the Agricultural Research,
            Extension, and Education Reform Act of 1998.
        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section
    for fiscal years 2011 through 2015.''.
        (b) National Food Safety Training, Education, Extension, Outreach,
    and Technical Assistance Program.--Title IV of the Agricultural
    Research, Extension, and Education Reform Act of 1998 is amended by
    inserting after section 404 (7 U.S.C. 7624) the following:

    ``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
                  OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.

        ``(a) In General.--The Secretary shall award grants under this
    section to carry out the competitive grant program established under
    section 1012(d) of the Federal Food, Drug, and Cosmetic Act, pursuant
    to any memoranda of understanding entered into under such section.
        ``(b) Integrated Approach.--The grant program described under
    subsection (a) shall be carried out under this section in a manner that
    facilitates the integration of food safety standards and guidance with
    the variety of agricultural production systems, encompassing
    conventional, sustainable, organic, conservation, and environmental
    practices.
        ``(c) Priority.--In awarding grants under this section, the
    Secretary shall give priority to projects that target small- and
    medium-sized farms, beginning farmers, socially disadvantaged farmers,
    small processors, or small fresh fruit and vegetable merchant
    wholesalers.
        ``(d) Program Coordination.--
                ``(1) In general.--The Secretary shall coordinate
            implementation of the grant program under this section with the
            National Integrated Food Safety Initiative.
                ``(2) Interaction.--The Secretary shall--
                        ``(A) in carrying out the grant program under this
                    section, take into consideration applied research,
                    education, and extension results obtained from the
                    National Integrated Food Safety Initiative; and
                        ``(B) in determining the applied research agenda
                    for the National Integrated Food Safety Initiative,
                    take into consideration the needs articulated by
                    participants in projects funded by the program under
                    this section.
        ``(e) Grants.--
                ``(1) In general.--In carrying out this section, the
            Secretary shall make competitive grants to support training,
            education, extension, outreach, and technical assistance
            projects that will help improve public health by increasing the
            understanding and adoption of established food safety
            standards, guidance, and protocols.
                ``(2) Encouraged features.--The Secretary shall encourage
            projects carried out using grant funds under this section to
            include co-management of food safety, conservation systems, and
            ecological health.
                ``(3) Maximum term and size of grant.--
                        ``(A) In general.--A grant under this section shall
                    have a term that is not more than 3 years.
                        ``(B) Limitation on grant funding.--The Secretary
                    may not provide grant funding to an entity under this
                    section after such entity has received 3 years of grant
                    funding under this section.
        ``(f) Grant Eligibility.--
                ``(1) In general.--To be eligible for a grant under this
            section, an entity shall be--
                        ``(A) a State cooperative extension service;
                        ``(B) a Federal, State, local, or tribal agency, a
                    nonprofit community-based or nongovernmental
                    organization, or an organization representing owners
                    and operators of farms, small food processors, or small
                    fruit and vegetable merchant wholesalers that has a
                    commitment to public health and expertise in
                    administering programs that contribute to food safety;
                        ``(C) an institution of higher education (as
                    defined in section 101(a) of the Higher Education Act
                    of 1965 (20 U.S.C. 1001(a))) or a foundation maintained
                    by an institution of higher education;
                        ``(D) a collaboration of 2 or more eligible
                    entities described in this subsection; or
                        ``(E) such other appropriate entity, as determined
                    by the Secretary.
                ``(2) Multistate partnerships.--Grants under this section
            may be made for projects involving more than 1 State.
        ``(g) Regional Balance.--In making grants under this section, the
    Secretary shall, to the maximum extent practicable, ensure--
                ``(1) geographic diversity; and
                ``(2) diversity of types of agricultural production.
        ``(h) Technical Assistance.--The Secretary may use funds made
    available under this section to provide technical assistance to grant
    recipients to further the purposes of this section.
        ``(i) Best Practices and Model Programs.--Based on evaluations of,
    and responses arising from, projects funded under this section, the
    Secretary may issue a set of recommended best practices and models for
    food safety training programs for agricultural producers, small food
    processors, and small fresh fruit and vegetable merchant wholesalers.
        ``(j) Authorization of Appropriations.--For the purposes of making
    grants under this section, there are authorized to be appropriated such
    sums as may be necessary for fiscal years 2011 through 2015.''.

    SEC. 6210. ENHANCING FOOD SAFETY.

        (a) Grants To Enhance Food Safety.--Section 1009 of the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended to read as
    follows:

    ``SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY.

        ``(a) In General.--The Secretary is authorized to make grants to
    eligible entities to--
                ``(1) undertake examinations, inspections, investigations,
            and related food safety activities under section 702;
                ``(2) train to the standards of the Secretary for the
            examination, inspection, and investigation of food
            manufacturing, processing, packing, holding, distribution, and
            importation, including as such examination, inspection, and
            investigation relate to retail food establishments;
                ``(3) build the food safety capacity of the laboratories of
            such eligible entity, including the detection of zoonotic
            diseases;
                ``(4) build the infrastructure and capacity of the food
            safety programs of such eligible entity to meet the standards
            as outlined in the grant application; and
                ``(5) take appropriate action to protect the public health
            in response to--
                        ``(A) a notification under section 1008, including
                    planning and otherwise preparing to take such action;
                    or
                        ``(B) a recall of food under this Act.
        ``(b) Eligible Entities; Application.--
                ``(1) In general.--In this section, the term `eligible
            entity' means an entity--
                        ``(A) that is--
                                ``(i) a State;
                                ``(ii) a locality;
                                ``(iii) a territory;
                                ``(iv) an Indian tribe (as defined in
                            section 4(e) of the Indian Self-Determination
                            and Education Assistance Act); or
                                ``(v) a nonprofit food safety training
                            entity that collaborates with 1 or more
                            institutions of higher education; and
                        ``(B) that submits an application to the Secretary
                    at such time, in such manner, and including such
                    information as the Secretary may reasonably require.
                ``(2) Contents.--Each application submitted under paragraph
            (1) shall include--
                        ``(A) an assurance that the eligible entity has
                    developed plans to engage in the types of activities
                    described in subsection (a);
                        ``(B) a description of the types of activities to
                    be funded by the grant;
                        ``(C) an itemization of how grant funds received
                    under this section will be expended;
                        ``(D) a description of how grant activities will be
                    monitored; and
                        ``(E) an agreement by the eligible entity to report
                    information required by the Secretary to conduct
                    evaluations under this section.
        ``(c) Limitations.--The funds provided under subsection (a) shall
    be available to an eligible entity that receives a grant under this
    section only to the extent such entity funds the food safety programs
    of such entity independently of any grant under this section in each
    year of the grant at a level equal to the level of such funding in the
    previous year, increased by the Consumer Price Index. Such non-Federal
    matching funds may be provided directly or through donations from
    public or private entities and may be in cash or in-kind, fairly
    evaluated, including plant, equipment, or services.
        ``(d) Additional Authority.--The Secretary may--
                ``(1) award a grant under this section in each subsequent
            fiscal year without reapplication for a period of not more than
            3 years, provided the requirements of subsection (c) are met
            for the previous fiscal year; and
                ``(2) award a grant under this section in a fiscal year for
            which the requirement of subsection (c) has not been met only
            if such requirement was not met because such funding was
            diverted for response to 1 or more natural disasters or in
            other extenuating circumstances that the Secretary may
            determine appropriate.
        ``(e) Duration of Awards.--The Secretary may award grants to an
    individual grant recipient under this section for periods of not more
    than 3 years. In the event the Secretary conducts a program evaluation,
    funding in the second year or third year of the grant, where
    applicable, shall be contingent on a successful program evaluation by
    the Secretary after the first year.
        ``(f) Progress and Evaluation.--
                ``(1) In general.--The Secretary shall measure the status
            and success of each grant program authorized under the FDA Food
            Safety Modernization Act (and any amendment made by such Act),
            including the grant program under this section. A recipient of
            a grant described in the preceding sentence shall, at the end
            of each grant year, provide the Secretary with information on
            how grant funds were spent and the status of the efforts by
            such recipient to enhance food safety. To the extent
            practicable, the Secretary shall take the performance of such a
            grant recipient into account when determining whether to
            continue funding for such recipient.
                ``(2) No duplication.--In carrying out paragraph (1), the
            Secretary shall not duplicate the efforts of the Secretary
            under other provisions of this Act or the FDA Food Safety
            Modernization Act that require measurement and review of the
            activities of grant recipients under either such Act.
        ``(g) Supplement Not Supplant.--Grant funds received under this
    section shall be used to supplement, and not supplant, non-Federal
    funds and any other Federal funds available to carry out the activities
    described in this section.
        ``(h) Authorization of Appropriations.--For the purpose of making
    grants under this section, there are authorized to be appropriated such
    sums as may be necessary for fiscal years 2011 through 2015.''.
        (b) Centers of Excellence.--Part P of the Public Health Service Act
    (42 U.S.C. 280g et seq.) is amended by adding at the end the following:

    ``SEC. 399V-5. FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE.

        ``(a) In General.--Not later than 1 year after the date of
    enactment of the FDA Food Safety Modernization Act, the Secretary,
    acting through the Director of the Centers for Disease Control and
    Prevention and in consultation with the working group described in
    subsection (b)(2), shall designate 5 Integrated Food Safety Centers of
    Excellence (referred to in this section as the `Centers of Excellence')
    to serve as resources for Federal, State, and local public health
    professionals to respond to foodborne illness outbreaks. The Centers of
    Excellence shall be headquartered at selected State health departments.
        ``(b) Selection of Centers of Excellence.--
                ``(1) Eligible entities.--To be eligible to be designated
            as a Center of Excellence under subsection (a), an entity
            shall--
                        ``(A) be a State health department;
                        ``(B) partner with 1 or more institutions of higher
                    education that have demonstrated knowledge, expertise,
                    and meaningful experience with regional or national
                    food production, processing, and distribution, as well
                    as leadership in the laboratory, epidemiological, and
                    environmental detection and investigation of foodborne
                    illness; and
                        ``(C) provide to the Secretary such information, at
                    such time, and in such manner, as the Secretary may
                    require.
                ``(2) Working group.--Not later than 180 days after the
            date of enactment of the FDA Food Safety Modernization Act, the
            Secretary shall establish a diverse working group of experts
            and stakeholders from Federal, State, and local food safety and
            health agencies, the food industry, including food retailers
            and food manufacturers, consumer organizations, and academia to
            make recommendations to the Secretary regarding designations of
            the Centers of Excellence.
                ``(3) Additional centers of excellence.--The Secretary may
            designate eligible entities to be regional Food Safety Centers
            of Excellence, in addition to the 5 Centers designated under
            subsection (a).
        ``(c) Activities.--Under the leadership of the Director of the
    Centers for Disease Control and Prevention, each Center of Excellence
    shall be based out of a selected State health department, which shall
    provide assistance to other regional, State, and local departments of
    health through activities that include--
                ``(1) providing resources, including timely information
            concerning symptoms and tests, for frontline health
            professionals interviewing individuals as part of routine
            surveillance and outbreak investigations;
                ``(2) providing analysis of the timeliness and
            effectiveness of foodborne disease surveillance and outbreak
            response activities;
                ``(3) providing training for epidemiological and
            environmental investigation of foodborne illness, including
            suggestions for streamlining and standardizing the
            investigation process;
                ``(4) establishing fellowships, stipends, and scholarships
            to train future epidemiological and food-safety leaders and to
            address critical workforce shortages;
                ``(5) training and coordinating State and local personnel;
                ``(6) strengthening capacity to participate in existing or
            new foodborne illness surveillance and environmental assessment
            information systems; and
                ``(7) conducting research and outreach activities focused
            on increasing prevention, communication, and education
            regarding food safety.
        ``(d) Report to Congress.--Not later than 2 years after the date of
    enactment of the FDA Food Safety Modernization Act, the Secretary shall
    submit to Congress a report that--
                ``(1) describes the effectiveness of the Centers of
            Excellence; and
                ``(2) provides legislative recommendations or describes
            additional resources required by the Centers of Excellence.
        ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated such sums as may be necessary to carry out this section.
        ``(f) No Duplication of Effort.--In carrying out activities of the
    Centers of Excellence or other programs under this section, the
    Secretary shall not duplicate other Federal foodborne illness response
    efforts.''.

    SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY.

        (a) In General.--Section 417 (21 U.S.C. 350f) is amended--
                (1) by redesignating subsections (f) through (k) as
            subsections (i) through (n), respectively; and
                (2) by inserting after subsection (e) the following:
        ``(f) Critical Information.--Except with respect to fruits and
    vegetables that are raw agricultural commodities, not more than 18
    months after the date of enactment of the FDA Food Safety Modernization
    Act, the Secretary may require a responsible party to submit to the
    Secretary consumer-oriented information regarding a reportable food,
    which shall include--
                ``(1) a description of the article of food as provided in
            subsection (e)(3);
                ``(2) as provided in subsection (e)(7), affected product
            identification codes, such as UPC, SKU, or lot or batch numbers
            sufficient for the consumer to identify the article of food;
                ``(3) contact information for the responsible party as
            provided in subsection (e)(8); and
                ``(4) any other information the Secretary determines is
            necessary to enable a consumer to accurately identify whether
            such consumer is in possession of the reportable food.
        ``(g) Grocery Store Notification.--
                ``(1) Action by secretary.--The Secretary shall--
                        ``(A) prepare the critical information described
                    under subsection (f) for a reportable food as a
                    standardized one-page summary;
                        ``(B) publish such one-page summary on the Internet
                    website of the Food and Drug Administration in a format
                    that can be easily printed by a grocery store for
                    purposes of consumer notification.
                ``(2) Action by grocery store.--A notification described
            under paragraph (1)(B) shall include the date and time such
            summary was posted on the Internet website of the Food and Drug
            Administration.
        ``(h) Consumer Notification.--
                ``(1) In general.--If a grocery store sold a reportable
            food that is the subject of the posting and such establishment
            is part of chain of establishments with 15 or more physical
            locations, then such establishment shall, not later than 24
            hours after a one page summary described in subsection (g) is
            published, prominently display such summary or the information
            from such summary via at least one of the methods identified
            under paragraph (2) and maintain the display for 14 days.
                ``(2) List of conspicuous locations.--Not more than 1 year
            after the date of enactment of the FDA Food Safety
            Modernization Act, the Secretary shall develop and publish a
            list of acceptable conspicuous locations and manners, from
            which grocery stores shall select at least one, for providing
            the notification required in paragraph (1). Such list shall
            include--
                        ``(A) posting the notification at or near the
                    register;
                        ``(B) providing the location of the reportable
                    food;
                        ``(C) providing targeted recall information given
                    to customers upon purchase of a food; and
                        ``(D) other such prominent and conspicuous
                    locations and manners utilized by grocery stores as of
                    the date of the enactment of the FDA Food Safety
                    Modernization Act to provide notice of such recalls to
                    consumers as considered appropriate by the
                    Secretary.''.
        (b) Prohibited Act.--Section 301 (21 U.S.C. 331), as amended by
    section 6206, is amended by adding at the end the following:
        ``(yy) The knowing and willful failure to comply with the
    notification requirement under section 417(h).''.
        (c) Conforming Amendment.--Section 301(e) (21 U.S.C. 331(e)) is
    amended by striking ``417(g)'' and inserting ``417(j)''.

                TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

    SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM.

        (a) In General.--Chapter VIII (21 U.S.C. 381 et seq.) is amended by
    adding at the end the following:

    ``SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM.

        ``(a) In General.--
                ``(1) Verification requirement.--Except as provided under
            subsections (e) and (f), each importer shall perform risk-based
            foreign supplier verification activities for the purpose of
            verifying that the food imported by the importer or agent of an
            importer is--
                        ``(A) produced in compliance with the requirements
                    of section 418 or section 419, as appropriate; and
                        ``(B) is not adulterated under section 402 or
                    misbranded under section 403(w).
                ``(2) Importer defined.--For purposes of this section, the
            term `importer' means, with respect to an article of food--
                        ``(A) the United States owner or consignee of the
                    article of food at the time of entry of such article
                    into the United States; or
                        ``(B) in the case when there is no United States
                    owner or consignee as described in subparagraph (A),
                    the United States agent or representative of a foreign
                    owner or consignee of the article of food at the time
                    of entry of such article into the United States.
        ``(b) Guidance.--Not later than 1 year after the date of enactment
    of the FDA Food Safety Modernization Act, the Secretary shall issue
    guidance to assist importers in developing foreign supplier
    verification programs.
        ``(c) Regulations.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of the FDA Food Safety Modernization Act, the
            Secretary shall promulgate regulations to provide for the
            content of the foreign supplier verification program
            established under subsection (a).
                ``(2) Requirements.--The regulations promulgated under
            paragraph (1)--
                        ``(A) shall require that the foreign supplier
                    verification program of each importer be adequate to
                    provide assurances that each foreign supplier to the
                    importer produces the imported food in compliance
                    with--
                                ``(i) processes and procedures, including
                            reasonably appropriate risk-based preventive
                            controls, that provide the same level of public
                            health protection as those required under
                            section 418 or section 419 (taking into
                            consideration variances granted under section
                            419), as appropriate; and
                                ``(ii) section 402 and section 403(w).
                        ``(B) shall include such other requirements as the
                    Secretary deems necessary and appropriate to verify
                    that food imported into the United States is as safe as
                    food produced and sold within the United States.
                ``(3) Considerations.--In promulgating regulations under
            this subsection, the Secretary shall, as appropriate, take into
            account differences among importers and types of imported
            foods, including based on the level of risk posed by the
            imported food.
                ``(4) Activities.--Verification activities under a foreign
            supplier verification program under this section may include
            monitoring records for shipments, lot-by-lot certification of
            compliance, annual on-site inspections, checking the hazard
            analysis and risk-based preventive control plan of the foreign
            supplier, and periodically testing and sampling shipments.
        ``(d) Record Maintenance and Access.--Records of an importer
    related to a foreign supplier verification program shall be maintained
    for a period of not less than 2 years and shall be made available
    promptly to a duly authorized representative of the Secretary upon
    request.
        ``(e) Exemption of Seafood, Juice, and Low-acid Canned Food
    Facilities in Compliance With HACCP.--This section shall not apply to a
    facility if the owner, operator, or agent in charge of such facility is
    required to comply with, and is in compliance with, 1 of the following
    standards and regulations with respect to such facility:
                ``(1) The Seafood Hazard Analysis Critical Control Points
            Program of the Food and Drug Administration.
                ``(2) The Juice Hazard Analysis Critical Control Points
            Program of the Food and Drug Administration.
                ``(3) The Thermally Processed Low-Acid Foods Packaged in
            Hermetically Sealed Containers standards of the Food and Drug
            Administration (or any successor standards).
    The exemption under paragraph (3) shall apply only with respect to
    microbiological hazards that are regulated under the standards for
    Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed
    Containers under part 113 of chapter 21, Code of Federal Regulations
    (or any successor regulations).
        ``(f) Additional Exemptions.--The Secretary, by notice published in
    the Federal Register, shall establish an exemption from the
    requirements of this section for articles of food imported in small
    quantities for research and evaluation purposes or for personal
    consumption, provided that such foods are not intended for retail sale
    and are not sold or distributed to the public.
        ``(g) Publication of List of Participants.--The Secretary shall
    publish and maintain on the Internet Web site of the Food and Drug
    Administration a current list that includes the name of, location of,
    and other information deemed necessary by the Secretary about,
    importers participating under this section.''.
        (b) Prohibited Act.--Section 301 (21 U.S.C. 331), as amended by
    section 6211, is amended by adding at the end the following:
        ``(zz) The importation or offering for importation of a food if the
    importer (as defined in section 805) does not have in place a foreign
    supplier verification program in compliance with such section 805.''.
        (c) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended by
    adding ``or the importer (as defined in section 805) is in violation of
    such section 805'' after ``or in violation of section 505''.
        (d) Effective Date.--The amendments made by this section shall take
    effect 2 years after the date of enactment of this Act.

    SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

        Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 6301,
    is amended by adding at the end the following:

    ``SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

        ``(a) In General.--Beginning not later than 18 months after the
    date of enactment of the FDA Food Safety Modernization Act, the
    Secretary shall--
                ``(1) establish a program, in consultation with the
            Secretary of Homeland Security--
                        ``(A) to provide for the expedited review and
                    importation of food offered for importation by
                    importers who have voluntarily agreed to participate in
                    such program; and
                        ``(B) consistent with section 808, establish a
                    process for the issuance of a facility certification to
                    accompany food offered for importation by importers who
                    have voluntarily agreed to participate in such program;
                    and
                ``(2) issue a guidance document related to participation
            in, revocation of such participation in, reinstatement in, and
            compliance with, such program.
        ``(b) Voluntary Participation.--An importer may request the
    Secretary to provide for the expedited review and importation of
    designated foods in accordance with the program established by the
    Secretary under subsection (a).
        ``(c) Notice of Intent To Participate.--An importer that intends to
    participate in the program under this section in a fiscal year shall
    submit a notice and application to the Secretary of such intent at the
    time and in a manner established by the Secretary.
        ``(d) Eligibility.--Eligibility shall be limited to an importer
    offering food for importation from a facility that has a certification
    described in subsection (a). In reviewing the applications and making
    determinations on such applications, the Secretary shall consider the
    risk of the food to be imported based on factors, such as the
    following:
                ``(1) The known safety risks of the food to be imported.
                ``(2) The compliance history of foreign suppliers used by
            the importer, as appropriate.
                ``(3) The capability of the regulatory system of the
            country of export to ensure compliance with United States food
            safety standards for a designated food.
                ``(4) The compliance of the importer with the requirements
            of section 805.
                ``(5) The recordkeeping, testing, inspections and audits of
            facilities, traceability of articles of food, temperature
            controls, and sourcing practices of the importer.
                ``(6) The potential risk for intentional adulteration of
            the food.
                ``(7) Any other factor that the Secretary determines
            appropriate.
        ``(e) Review and Revocation.--Any importer qualified by the
    Secretary in accordance with the eligibility criteria set forth in this
    section shall be reevaluated not less often than once every 3 years and
    the Secretary shall promptly revoke the qualified importer status of
    any importer found not to be in compliance with such criteria.
        ``(f) False Statements.--Any statement or representation made by an
    importer to the Secretary shall be subject to section 1001 of title 18,
    United States Code.
        ``(g) Definition.--For purposes of this section, the term
    `importer' means the person that brings food, or causes food to be
    brought, from a foreign country into the customs territory of the
    United States.''.

    SEC. 6303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR FOOD.

        (a) In General.--Section 801(a) (21 U.S.C. 381(a)) is amended by
    inserting after the third sentence the following: ``With respect to an
    article of food, if importation of such food is subject to, but not
    compliant with, the requirement under subsection (q) that such food be
    accompanied by a certification or other assurance that the food meets
    applicable requirements of this Act, then such article shall be refused
    admission.''.
        (b) Addition of Certification Requirement.--Section 801 (21 U.S.C.
    381) is amended by adding at the end the following new subsection:
        ``(q) Certifications Concerning Imported Foods.--
                ``(1) In general.--The Secretary may require, as a
            condition of granting admission to an article of food imported
            or offered for import into the United States, that an entity
            described in paragraph (3) provide a certification, or such
            other assurances as the Secretary determines appropriate, that
            the article of food complies with applicable requirements of
            this Act. Such certification or assurances may be provided in
            the form of shipment-specific certificates, a listing of
            certified facilities that manufacture, process, pack, or hold
            such food, or in such other form as the Secretary may specify.
                ``(2) Factors to be considered in requiring
            certification.--The Secretary shall base the determination that
            an article of food is required to have a certification
            described in paragraph (1) on the risk of the food, including--
                        ``(A) known safety risks associated with the food;
                        ``(B) known food safety risks associated with the
                    country, territory, or region of origin of the food;
                        ``(C) a finding by the Secretary, supported by
                    scientific, risk-based evidence, that--
                                ``(i) the food safety programs, systems,
                            and standards in the country, territory, or
                            region of origin of the food are inadequate to
                            ensure that the article of food is as safe as a
                            similar article of food that is manufactured,
                            processed, packed, or held in the United States
                            in accordance with the requirements of this
                            Act; and
                                ``(ii) the certification would assist the
                            Secretary in determining whether to refuse or
                            admit the article of food under subsection (a);
                            and
                        ``(D) information submitted to the Secretary in
                    accordance with the process established in paragraph
                    (7).
                ``(3) Certifying entities.--For purposes of paragraph (1),
            entities that shall provide the certification or assurances
            described in such paragraph are--
                        ``(A) an agency or a representative of the
                    government of the country from which the article of
                    food at issue originated, as designated by the
                    Secretary; or
                        ``(B) such other persons or entities accredited
                    pursuant to section 808 to provide such certification
                    or assurance.
                ``(4) Renewal and refusal of certifications.--The Secretary
            may--
                        ``(A) require that any certification or other
                    assurance provided by an entity specified in paragraph
                    (2) be renewed by such entity at such times as the
                    Secretary determines appropriate; and
                        ``(B) refuse to accept any certification or
                    assurance if the Secretary determines that such
                    certification or assurance is not valid or reliable.
                ``(5) Electronic submission.--The Secretary shall provide
            for the electronic submission of certifications under this
            subsection.
                ``(6) False statements.--Any statement or representation
            made by an entity described in paragraph (2) to the Secretary
            shall be subject to section 1001 of title 18, United States
            Code.
                ``(7) Assessment of food safety programs, systems, and
            standards.--If the Secretary determines that the food safety
            programs, systems, and standards in a foreign region, country,
            or territory are inadequate to ensure that an article of food
            is as safe as a similar article of food that is manufactured,
            processed, packed, or held in the United States in accordance
            with the requirements of this Act, the Secretary shall, to the
            extent practicable, identify such inadequacies and establish a
            process by which the foreign region, country, or territory may
            inform the Secretary of improvements made to such food safety
            program, system, or standard and demonstrate that those
            controls are adequate to ensure that an article of food is as
            safe as a similar article of food that is manufactured,
            processed, packed, or held in the United States in accordance
            with the requirements of this Act.''.
        (c) Conforming Technical Amendment.--Section 801(b) (21 U.S.C.
    381(b)) is amended in the second sentence by striking ``with respect to
    an article included within the provision of the fourth sentence of
    subsection (a)'' and inserting ``with respect to an article described
    in subsection (a) relating to the requirements of sections 760 or
    761,''.
        (d) No Limit on Authority.--Nothing in the amendments made by this
    section shall limit the authority of the Secretary to conduct
    inspections of imported food or to take such other steps as the
    Secretary deems appropriate to determine the admissibility of imported
    food.

    SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.

        (a) In General.--Section 801(m)(1) (21 U.S.C. 381(m)(1)) is amended
    by inserting ``any country to which the article has been refused
    entry;'' after ``the country from which the article is shipped;''.
        (b) Regulations.--Not later than 120 days after the date of
    enactment of this Act, the Secretary shall issue an interim final rule
    amending subpart I of part 1 of title 21, Code of Federal Regulations,
    to implement the amendment made by this section.
        (c) Effective Date.--The amendment made by this section shall take
    effect 180 days after the date of enactment of this Act.

    SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERNMENTS WITH RESPECT TO
                  FOOD SAFETY.

        (a) In General.--The Secretary shall, not later than 2 years of the
    date of enactment of this Act, develop a comprehensive plan to expand
    the technical, scientific, and regulatory food safety capacity of
    foreign governments, and their respective food industries, from which
    foods are exported to the United States.
        (b) Consultation.--In developing the plan under subsection (a), the
    Secretary shall consult with the Secretary of Agriculture, Secretary of
    State, Secretary of the Treasury, the Secretary of Homeland Security,
    the United States Trade Representative, and the Secretary of Commerce,
    representatives of the food industry, appropriate foreign government
    officials, nongovernmental organizations that represent the interests
    of consumers, and other stakeholders.
        (c) Plan.--The plan developed under subsection (a) shall include,
    as appropriate, the following:
                (1) Recommendations for bilateral and multilateral
            arrangements and agreements, including provisions to provide
            for responsibility of exporting countries to ensure the safety
            of food.
                (2) Provisions for secure electronic data sharing.
                (3) Provisions for mutual recognition of inspection
            reports.
                (4) Training of foreign governments and food producers on
            United States requirements for safe food.
                (5) Recommendations on whether and how to harmonize
            requirements under the Codex Alimentarius.
                (6) Provisions for the multilateral acceptance of
            laboratory methods and testing and detection techniques.
        (d) Rule of Construction.--Nothing in this section shall be
    construed to affect the regulation of dietary supplements under the
    Dietary Supplement Health and Education Act of 1994 (Public Law 103-
    417).

    SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES.

        (a) In General.--Chapter VIII (21 U.S.C. 381 et seq.), as amended
    by section 6302, is amended by inserting at the end the following:

    ``SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES.

        ``(a) Inspection.--The Secretary--
                ``(1) may enter into arrangements and agreements with
            foreign governments to facilitate the inspection of foreign
            facilities registered under section 415; and
                ``(2) shall direct resources to inspections of foreign
            facilities, suppliers, and food types, especially such
            facilities, suppliers, and food types that present a high risk
            (as identified by the Secretary), to help ensure the safety and
            security of the food supply of the United States.
        ``(b) Effect of Inability To Inspect.--Notwithstanding any other
    provision of law, food shall be refused admission into the United
    States if it is from a foreign factory, warehouse, or other
    establishment of which the owner, operator, or agent in charge, or the
    government of the foreign country, refuses to permit entry of United
    States inspectors or other individuals duly designated by the
    Secretary, upon request, to inspect such factory, warehouse, or other
    establishment. For purposes of this subsection, such an owner,
    operator, or agent in charge shall be considered to have refused an
    inspection if such owner, operator, or agent in charge does not permit
    an inspection of a factory, warehouse, or other establishment during
    the 24-hour period after such request is submitted, or after such other
    time period, as agreed upon by the Secretary and the foreign factory,
    warehouse, or other establishment.''.
        (b) Inspection by the Secretary of Commerce.--
                (1) In general.--The Secretary of Commerce, in coordination
            with the Secretary of Health and Human Services, may send 1 or
            more inspectors to a country or facility of an exporter from
            which seafood imported into the United States originates. The
            inspectors shall assess practices and processes used in
            connection with the farming, cultivation, harvesting,
            preparation for market, or transportation of such seafood and
            may provide technical assistance related to such activities.
                (2) Inspection report.--
                        (A) In general.--The Secretary of Health and Human
                    Services, in coordination with the Secretary of
                    Commerce, shall--
                                (i) prepare an inspection report for each
                            inspection conducted under paragraph (1);
                                (ii) provide the report to the country or
                            exporter that is the subject of the report; and
                                (iii) provide a 30-day period during which
                            the country or exporter may provide a rebuttal
                            or other comments on the findings of the report
                            to the Secretary of Health and Human Services.
                        (B) Distribution and use of report.--The Secretary
                    of Health and Human Services shall consider the
                    inspection reports described in subparagraph (A) in
                    distributing inspection resources under section 421 of
                    the Federal Food, Drug, and Cosmetic Act, as added by
                    section 6201.

    SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.

        Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 6306,
    is amended by adding at the end the following:

    ``SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS.

        ``(a) Definitions.--In this section:
                ``(1) Audit agent.--The term `audit agent' means an
            individual who is an employee or agent of an accredited third-
            party auditor and, although not individually accredited, is
            qualified to conduct food safety audits on behalf of an
            accredited third-party auditor.
                ``(2) Accreditation body.--The term `accreditation body'
            means an authority that performs accreditation of third-party
            auditors.
                ``(3) Third-party auditor.--The term `third-party auditor'
            means a foreign government, agency of a foreign government,
            foreign cooperative, or any other thirdparty, as the Secretary
            determines appropriate in accordance with the model standards
            described in subsection (b)(2), that is eligible to be
            considered for accreditation to conduct food safety audits to
            certify that eligible entities meet the applicable requirements
            of this section. A third-party auditor may be a single
            individual. A third-party auditor may employ or use audit
            agents to help conduct consultative and regulatory audits.
                ``(4) Accredited third-party auditor.--The term `accredited
            third-party auditor' means a third-party auditor accredited by
            an accreditation body to conduct audits of eligible entities to
            certify that such eligible entities meet the applicable
            requirements of this section. An accredited third-party auditor
            may be an individual who conducts food safety audits to certify
            that eligible entities meet the applicable requirements of this
            section.
                ``(5) Consultative audit.--The term `consultative audit'
            means an audit of an eligible entity--
                        ``(A) to determine whether such entity is in
                    compliance with the provisions of this Act and with
                    applicable industry standards and practices; and
                        ``(B) the results of which are for internal
                    purposes only.
                ``(6) Eligible entity.--The term `eligible entity' means a
            foreign entity, including a foreign facility registered under
            section 415, in the food import supply chain that chooses to be
            audited by an accredited third-party auditor or the audit agent
            of such accredited third-party auditor.
                ``(7) Regulatory audit.--The term `regulatory audit' means
            an audit of an eligible entity--
                        ``(A) to determine whether such entity is in
                    compliance with the provisions of this Act; and
                        ``(B) the results of which determine--
                                ``(i) whether an article of food
                            manufactured, processed, packed, or held by
                            such entity is eligible to receive a food
                            certification under section 801(q); or
                                ``(ii) whether a facility is eligible to
                            receive a facility certification under section
                            806(a) for purposes of participating in the
                            program under section 806.
        ``(b) Accreditation System.--
                ``(1) Accreditation bodies.--
                        ``(A) Recognition of accreditation bodies.--
                                ``(i) In general.--Not later than 2 years
                            after the date of enactment of the FDA Food
                            Safety Modernization Act, the Secretary shall
                            establish a system for the recognition of
                            accreditation bodies that accredit third-party
                            auditors to certify that eligible entities meet
                            the applicable requirements of this section.
                                ``(ii) Direct accreditation.--If, by the
                            date that is 2 years after the date of
                            establishment of the system described in clause
                            (i), the Secretary has not identified and
                            recognized an accreditation body to meet the
                            requirements of this section, the Secretary may
                            directly accredit third-party auditors.
                        ``(B) Notification.--Each accreditation body
                    recognized by the Secretary shall submit to the
                    Secretary a list of all accredited third-party auditors
                    accredited by such body and the audit agents of such
                    auditors.
                        ``(C) Revocation of recognition as an accreditation
                    body.--The Secretary shall promptly revoke the
                    recognition of any accreditation body found not to be
                    in compliance with the requirements of this section.
                        ``(D) Reinstatement.--The Secretary shall establish
                    procedures to reinstate recognition of an accreditation
                    body if the Secretary determines, based on evidence
                    presented by such accreditation body, that revocation
                    was inappropriate or that the body meets the
                    requirements for recognition under this section.
                ``(2) Model accreditation standards.--Not later than 18
            months after the date of enactment of the FDA Food Safety
            Modernization Act, the Secretary shall develop model standards,
            including requirements for regulatory audit reports, and each
            recognized accreditation body shall ensure that third-party
            auditors and audit agents of such auditors meet such standards
            in order to qualify such third-party auditors as accredited
            third-party auditors under this section. In developing the
            model standards, the Secretary shall look to standards in place
            on the date of the enactment of this section for guidance, to
            avoid unnecessary duplication of efforts and costs.
        ``(c) Third-party Auditors.--
                ``(1) Requirements for accreditation as a third-party
            auditor.--
                        ``(A) Foreign governments.--Prior to accrediting a
                    foreign government or an agency of a foreign government
                    as an accredited third-party auditor, the accreditation
                    body (or, in the case of direct accreditation under
                    subsection (b)(1)(A)(ii), the Secretary) shall perform
                    such reviews and audits of food safety programs,
                    systems, and standards of the government or agency of
                    the government as the Secretary deems necessary,
                    including requirements under the model standards
                    developed under subsection (b)(2), to determine that
                    the foreign government or agency of the foreign
                    government is capable of adequately ensuring that
                    eligible entities or foods certified by such government
                    or agency meet the requirements of this Act with
                    respect to food manufactured, processed, packed, or
                    held for import into the United States.
                        ``(B) Foreign cooperatives and other third
                    parties.--Prior to accrediting a foreign cooperative
                    that aggregates the products of growers or processors,
                    or any other third party to be an accredited third-
                    party auditor, the accreditation body (or, in the case
                    of direct accreditation under subsection (b)(1)(A)(ii),
                    the Secretary) shall perform such reviews and audits of
                    the training and qualifications of audit agents used by
                    that cooperative or party and conduct such reviews of
                    internal systems and such other investigation of the
                    cooperative or party as the Secretary deems necessary,
                    including requirements under the model standards
                    developed under subsection (b)(2), to determine that
                    each eligible entity certified by the cooperative or
                    party has systems and standards in use to ensure that
                    such entity or food meets the requirements of this Act.
                ``(2) Requirement to issue certification of eligible
            entities or foods.--
                        ``(A) In general.--An accreditation body (or, in
                    the case of direct accreditation under subsection
                    (b)(1)(A)(ii), the Secretary) may not accredit a third-
                    party auditor unless such third-party auditor agrees to
                    issue a written and, as appropriate, electronic food
                    certification, described in section 801(q), or facility
                    certification under section 806(a), as appropriate, to
                    accompany each food shipment for import into the United
                    States from an eligible entity, subject to requirements
                    set forth by the Secretary. Such written or electronic
                    certification may be included with other documentation
                    regarding such food shipment. The Secretary shall
                    consider certifications under section 801(q) and
                    participation in the voluntary qualified importer
                    program described in section 806 when targeting
                    inspection resources under section 421.
                        ``(B) Purpose of certification.--The Secretary
                    shall use certification provided by accredited third-
                    party auditors to--
                                ``(i) determine, in conjunction with any
                            other assurances the Secretary may require
                            under section 801(q), whether a food satisfies
                            the requirements of such section; and
                                ``(ii) determine whether a facility is
                            eligible to be a facility from which food may
                            be offered for import under the voluntary
                            qualified importer program under section 806.
                        ``(C) Requirements for issuing certification.--
                                ``(i) In general.--An accredited third-
                            party auditor shall issue a food certification
                            under section 801(q) or a facility
                            certification described under subparagraph (B)
                            only after conducting a regulatory audit and
                            such other activities that may be necessary to
                            establish compliance with the requirements of
                            such sections.
                                ``(ii) Provision of certification.--Only an
                            accredited third-party auditor or the Secretary
                            may provide a facility certification under
                            section 806(a). Only those parties described in
                            801(q)(3) or the Secretary may provide a food
                            certification under 301(g).
                ``(3) Audit report submission requirements.--
                        ``(A) Requirements in general.--As a condition of
                    accreditation, not later than 45 days after conducting
                    an audit, an accredited third-party auditor or audit
                    agent of such auditor shall prepare, and, in the case
                    of a regulatory audit, submit, the audit report for
                    each audit conducted, in a form and manner designated
                    by the Secretary, which shall include--
                                ``(i) the identity of the persons at the
                            audited eligible entity responsible for
                            compliance with food safety requirements;
                                ``(ii) the dates of the audit;
                                ``(iii) the scope of the audit; and
                                ``(iv) any other information required by
                            the Secretary that relates to or may influence
                            an assessment of compliance with this Act.
                        ``(B) Records.--Following any accreditation of a
                    third-party auditor, the Secretary may, at any time,
                    require the accredited third-party auditor to submit to
                    the Secretary an onsite audit report and such other
                    reports or documents required as part of the audit
                    process, for any eligible entity certified by the
                    third-party auditor or audit agent of such auditor.
                    Such report may include documentation that the eligible
                    entity is in compliance with any applicable
                    registration requirements.
                        ``(C) Limitation.--The requirement under
                    subparagraph (B) shall not include any report or other
                    documents resulting from a consultative audit by the
                    accredited third-party auditor, except that the
                    Secretary may access the results of a consultative
                    audit in accordance with section 414.
                ``(4) Requirements of accredited third-party auditors and
            audit agents of such auditors.--
                        ``(A) Risks to public health.--If, at any time
                    during an audit, an accredited third-party auditor or
                    audit agent of such auditor discovers a condition that
                    could cause or contribute to a serious risk to the
                    public health, such auditor shall immediately notify
                    the Secretary of--
                                ``(i) the identification of the eligible
                            entity subject to the audit; and
                                ``(ii) such condition.
                        ``(B) Types of audits.--An accredited third-party
                    auditor or audit agent of such auditor may perform
                    consultative and regulatory audits of eligible
                    entities.
                        ``(C) Limitations.--
                                ``(i) In general.--An accredited third-
                            party auditor may not perform a regulatory
                            audit of an eligible entity if such agent has
                            performed a consultative audit or a regulatory
                            audit of such eligible entity during the
                            previous 13-month period.
                                ``(ii) Waiver.--The Secretary may waive the
                            application of clause (i) if the Secretary
                            determines that there is insufficient access to
                            accredited third-party auditors in a country or
                            region.
                ``(5) Conflicts of interest.--
                        ``(A) Third-party auditors.--An accredited third-
                    party auditor shall--
                                ``(i) not be owned, managed, or controlled
                            by any person that owns or operates an eligible
                            entity to be certified by such auditor;
                                ``(ii) in carrying out audits of eligible
                            entities under this section, have procedures to
                            ensure against the use of any officer or
                            employee of such auditor that has a financial
                            conflict of interest regarding an eligible
                            entity to be certified by such auditor; and
                                ``(iii) annually make available to the
                            Secretary disclosures of the extent to which
                            such auditor and the officers and employees of
                            such auditor have maintained compliance with
                            clauses (i) and (ii) relating to financial
                            conflicts of interest.
                        ``(B) Audit agents.--An audit agent shall--
                                ``(i) not own or operate an eligible entity
                            to be audited by such agent;
                                ``(ii) in carrying out audits of eligible
                            entities under this section, have procedures to
                            ensure that such agent does not have a
                            financial conflict of interest regarding an
                            eligible entity to be audited by such agent;
                            and
                                ``(iii) annually make available to the
                            Secretary disclosures of the extent to which
                            such agent has maintained compliance with
                            clauses (i) and (ii) relating to financial
                            conflicts of interest.
                        ``(C) Regulations.--The Secretary shall promulgate
                    regulations not later than 18 months after the date of
                    enactment of the FDA Food Safety Modernization Act to
                    implement this section and to ensure that there are
                    protections against conflicts of interest between an
                    accredited third-party auditor and the eligible entity
                    to be certified by such auditor or audited by such
                    audit agent. Such regulations shall include--
                                ``(i) requiring that audits performed under
                            this section be unannounced;
                                ``(ii) a structure to decrease the
                            potential for conflicts of interest, including
                            timing and public disclosure, for fees paid by
                            eligible entities to accredited third-party
                            auditors; and
                                ``(iii) appropriate limits on financial
                            affiliations between an accredited third-party
                            auditor or audit agents of such auditor and any
                            person that owns or operates an eligible entity
                            to be certified by such auditor, as described
                            in subparagraphs (A) and (B).
                ``(6) Withdrawal of accreditation.--
                        ``(A) In general.--The Secretary shall withdraw
                    accreditation from an accredited third-party auditor--
                                ``(i) if food certified under section
                            801(q) or from a facility certified under
                            paragraph (2)(B) by such third-party auditor is
                            linked to an outbreak of foodborne illness that
                            has a reasonable probability of causing serious
                            adverse health consequences or death in humans
                            or animals;
                                ``(ii) following an evaluation and finding
                            by the Secretary that the third-party auditor
                            no longer meets the requirements for
                            accreditation; or
                                ``(iii) following a refusal to allow United
                            States officials to conduct such audits and
                            investigations as may be necessary to ensure
                            continued compliance with the requirements set
                            forth in this section.
                        ``(B) Additional basis for withdrawal of
                    accreditation.--The Secretary may withdraw
                    accreditation from an accredited third-party auditor in
                    the case that such third-party auditor is accredited by
                    an accreditation body for which recognition as an
                    accreditation body under subsection (b)(1)(C) is
                    revoked, if the Secretary determines that there is good
                    cause for the withdrawal.
                        ``(C) Exception.--The Secretary may waive the
                    application of subparagraph (A)(i) if the Secretary--
                                ``(i) conducts an investigation of the
                            material facts related to the outbreak of human
                            or animal illness; and
                                ``(ii) reviews the steps or actions taken
                            by the third-party auditor to justify the
                            certification and determines that the
                            accredited third-party auditor satisfied the
                            requirements under section 801(q) of certifying
                            the food, or the requirements under paragraph
                            (2)(B) of certifying the entity.
                ``(7) Reaccreditation.--The Secretary shall establish
            procedures to reinstate the accreditation of a third-party
            auditor for which accreditation has been withdrawn under
            paragraph (6)--
                        ``(A) if the Secretary determines, based on
                    evidence presented, that the third-party auditor
                    satisfies the requirements of this section and adequate
                    grounds for revocation no longer exist; and
                        ``(B) in the case of a third-party auditor
                    accredited by an accreditation body for which
                    recognition as an accreditation body under subsection
                    (b)(1)(C) is revoked--
                                ``(i) if the third-party auditor becomes
                            accredited not later than 1 year after
                            revocation of accreditation under paragraph
                            (6)(A), through direct accreditation under
                            subsection (b)(1)(A)(ii) or by an accreditation
                            body in good standing; or
                                ``(ii) under such conditions as the
                            Secretary may require for a third-party auditor
                            under paragraph (6)(B).
                ``(8) Neutralizing costs.--The Secretary shall establish by
            regulation a reimbursement (user fee) program, similar to the
            method described in section 203(h) of the Agriculture Marketing
            Act of 1946, by which the Secretary assesses fees and requires
            accredited third-party auditors and audit agents to reimburse
            the Food and Drug Administration for the work performed to
            establish and administer the accreditation system under this
            section. The Secretary shall make operating this program
            revenue-neutral and shall not generate surplus revenue from
            such a reimbursement mechanism. Fees authorized under this
            paragraph shall be collected and available for obligation only
            to the extent and in the amount provided in advance in
            appropriation Acts. Such fees are authorized to remain
            available until expended.
        ``(d) Recertification of Eligible Entities.--An eligible entity
    shall apply for annual recertification by an accredited third-party
    auditor if such entity--
                ``(1) intends to participate in voluntary qualified
            importer program under section 806; or
                ``(2) is required to provide to the Secretary a
            certification under section 801(q) for any food from such
            entity.
        ``(e) False Statements.--Any statement or representation made--
                ``(1) by an employee or agent of an eligible entity to an
            accredited third-party auditor or audit agent; or
                ``(2) by an accredited third-party auditor to the
            Secretary,
    shall be subject to section 1001 of title 18, United States Code.
        ``(f) Monitoring.--To ensure compliance with the requirements of
    this section, the Secretary shall--
                ``(1) periodically, or at least once every 4 years,
            reevaluate the accreditation bodies described in subsection
            (b)(1);
                ``(2) periodically, or at least once every 4 years,
            evaluate the performance of each accredited third-party
            auditor, through the review of regulatory audit reports by such
            auditors, the compliance history as available of eligible
            entities certified by such auditors, and any other measures
            deemed necessary by the Secretary;
                ``(3) at any time, conduct an onsite audit of any eligible
            entity certified by an accredited third-party auditor, with or
            without the auditor present; and
                ``(4) take any other measures deemed necessary by the
            Secretary.
        ``(g) Publicly Available Registry.--The Secretary shall establish a
    publicly available registry of accreditation bodies and of accredited
    third-party auditors, including the name of, contact information for,
    and other information deemed necessary by the Secretary about such
    bodies and auditors.
        ``(h) Limitations.--
                ``(1) No effect on section 704 inspections.--The audits
            performed under this section shall not be considered
            inspections under section 704.
                ``(2) No effect on inspection authority.--Nothing in this
            section affects the authority of the Secretary to inspect any
            eligible entity pursuant to this Act.''.

    SEC. 6308. FOREIGN OFFICES OF THE FOOD AND DRUG ADMINISTRATION.

        (a) In General.--The Secretary shall establish offices of the Food
    and Drug Administration in foreign countries selected by the Secretary,
    to provide assistance to the appropriate governmental entities of such
    countries with respect to measures to provide for the safety of
    articles of food and other products regulated by the Food and Drug
    Administration exported by such country to the United States, including
    by directly conducting risk-based inspections of such articles and
    supporting such inspections by such governmental entity.
        (b) Consultation.--In establishing the foreign offices described in
    subsection (a), the Secretary shall consult with the Secretary of
    State, the Secretary of Homeland Security, and the United States Trade
    Representative.
        (c) Report.--Not later than October 1, 2011, the Secretary shall
    submit to Congress a report on the basis for the selection by the
    Secretary of the foreign countries in which the Secretary established
    offices, the progress which such offices have made with respect to
    assisting the governments of such countries in providing for the safety
    of articles of food and other products regulated by the Food and Drug
    Administration exported to the United States, and the plans of the
    Secretary for establishing additional foreign offices of the Food and
    Drug Administration, as appropriate.

    SEC. 6309. SMUGGLED FOOD.

        (a) In General.--Not later than 180 days after the enactment of
    this Act, the Secretary shall, in coordination with the Secretary of
    Homeland Security, develop and implement a strategy to better identify
    smuggled food and prevent entry of such food into the United States.
        (b) Notification to Homeland Security.--Not later than 10 days
    after the Secretary identifies a smuggled food that the Secretary
    believes would cause serious adverse health consequences or death to
    humans or animals, the Secretary shall provide to the Secretary of
    Homeland Security a notification under section 417(n) of the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 350f(k)) describing the
    smuggled food and, if available, the names of the individuals or
    entities that attempted to import such food into the United States.
        (c) Public Notification.--If the Secretary--
                (1) identifies a smuggled food;
                (2) reasonably believes exposure to the food would cause
            serious adverse health consequences or death to humans or
            animals; and
                (3) reasonably believes that the food has entered domestic
            commerce and is likely to be consumed,
    the Secretary shall promptly issue a press release describing that food
    and shall use other emergency communication or recall networks, as
    appropriate, to warn consumers and vendors about the potential threat.
        (d) Effect of Section.--Nothing in this section shall affect the
    authority of the Secretary to issue public notifications under other
    circumstances.
        (e) Definition.--In this subsection, the term ``smuggled food''
    means any food that a person introduces into the United States through
    fraudulent means or with the intent to defraud or mislead.

                       TITLE IV--MISCELLANEOUS PROVISIONS

    SEC. 6401. FUNDING FOR FOOD SAFETY.

        (a) In General.--There are authorized to be appropriated to carry
    out the activities of the Center for Food Safety and Applied Nutrition,
    the Center for Veterinary Medicine, and related field activities in the
    Office of Regulatory Affairs of the Food and Drug Administration such
    sums as may be necessary for fiscal years 2011 through 2015.
        (b) Increased Number of Field Staff.--
                (1) In general.--To carry out the activities of the Center
            for Food Safety and Applied Nutrition, the Center for
            Veterinary Medicine, and related field activities of the Office
            of Regulatory Affairs of the Food and Drug Administration, the
            Secretary of Health and Human Services shall increase the field
            staff of such Centers and Office with a goal of not fewer
            than--
                        (A) 4,000 staff members in fiscal year 2011;
                        (B) 4,200 staff members in fiscal year 2012;
                        (C) 4,600 staff members in fiscal year 2013; and
                        (D) 5,000 staff members in fiscal year 2014.
                (2) Field staff for food defense.--The goal under paragraph
            (1) shall include an increase of 150 employees by fiscal year
            2011 to--
                        (A) provide additional detection of and response to
                    food defense threats; and
                        (B) detect, track, and remove smuggled food (as
                    defined in section 6309) from commerce.

    SEC. 6402. EMPLOYEE PROTECTIONS.

        Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    391 et seq.), as amended by section 6209, is further amended by adding
    at the end the following:

    ``SEC. 1013. EMPLOYEE PROTECTIONS.

        ``(a) In General.--No entity engaged in the manufacture,
    processing, packing, transporting, distribution, reception, holding, or
    importation of food may discharge an employee or otherwise discriminate
    against an employee with respect to compensation, terms, conditions, or
    privileges of employment because the employee, whether at the
    employee's initiative or in the ordinary course of the employee's
    duties (or any person acting pursuant to a request of the employee)--
                ``(1) provided, caused to be provided, or is about to
            provide or cause to be provided to the employer, the Federal
            Government, or the attorney general of a State information
            relating to any violation of, or any act or omission the
            employee reasonably believes to be a violation of any provision
            of this Act or any order, rule, regulation, standard, or ban
            under this Act, or any order, rule, regulation, standard, or
            ban under this Act;
                ``(2) testified or is about to testify in a proceeding
            concerning such violation;
                ``(3) assisted or participated or is about to assist or
            participate in such a proceeding; or
                ``(4) objected to, or refused to participate in, any
            activity, policy, practice, or assigned task that the employee
            (or other such person) reasonably believed to be in violation
            of any provision of this Act, or any order, rule, regulation,
            standard, or ban under this Act.
        ``(b) Process.--
                ``(1) In general.--A person who believes that he or she has
            been discharged or otherwise discriminated against by any
            person in violation of subsection (a) may, not later than 180
            days after the date on which such violation occurs, file (or
            have any person file on his or her behalf) a complaint with the
            Secretary of Labor (referred to in this section as the
            `Secretary') alleging such discharge or discrimination and
            identifying the person responsible for such act. Upon receipt
            of such a complaint, the Secretary shall notify, in writing,
            the person named in the complaint of the filing of the
            complaint, of the allegations contained in the complaint, of
            the substance of evidence supporting the complaint, and of the
            opportunities that will be afforded to such person under
            paragraph (2).
                ``(2) Investigation.--
                        ``(A) In general.--Not later than 60 days after the
                    date of receipt of a complaint filed under paragraph
                    (1) and after affording the complainant and the person
                    named in the complaint an opportunity to submit to the
                    Secretary a written response to the complaint and an
                    opportunity to meet with a representative of the
                    Secretary to present statements from witnesses, the
                    Secretary shall initiate an investigation and determine
                    whether there is reasonable cause to believe that the
                    complaint has merit and notify, in writing, the
                    complainant and the person alleged to have committed a
                    violation of subsection (a) of the Secretary's
                    findings.
                        ``(B) Reasonable cause found; preliminary order.--
                    If the Secretary concludes that there is reasonable
                    cause to believe that a violation of subsection (a) has
                    occurred, the Secretary shall accompany the Secretary's
                    findings with a preliminary order providing the relief
                    prescribed by paragraph (3)(B). Not later than 30 days
                    after the date of notification of findings under this
                    paragraph, the person alleged to have committed the
                    violation or the complainant may file objections to the
                    findings or preliminary order, or both, and request a
                    hearing on the record. The filing of such objections
                    shall not operate to stay any reinstatement remedy
                    contained in the preliminary order. Any such hearing
                    shall be conducted expeditiously. If a hearing is not
                    requested in such 30-day period, the preliminary order
                    shall be deemed a final order that is not subject to
                    judicial review.
                        ``(C) Dismissal of complaint.--
                                ``(i) Standard for complainant.--The
                            Secretary shall dismiss a complaint filed under
                            this subsection and shall not conduct an
                            investigation otherwise required under
                            subparagraph (A) unless the complainant makes a
                            prima facie showing that any behavior described
                            in paragraphs (1) through (4) of subsection (a)
                            was a contributing factor in the unfavorable
                            personnel action alleged in the complaint.
                                ``(ii) Standard for employer.--
                            Notwithstanding a finding by the Secretary that
                            the complainant has made the showing required
                            under clause (i), no investigation otherwise
                            required under subparagraph (A) shall be
                            conducted if the employer demonstrates, by
                            clear and convincing evidence, that the
                            employer would have taken the same unfavorable
                            personnel action in the absence of that
                            behavior.
                                ``(iii) Violation standard.--The Secretary
                            may determine that a violation of subsection
                            (a) has occurred only if the complainant
                            demonstrates that any behavior described in
                            paragraphs (1) through (4) of subsection (a)
                            was a contributing factor in the unfavorable
                            personnel action alleged in the complaint.
                                ``(iv) Relief standard.--Relief may not be
                            ordered under subparagraph (A) if the employer
                            demonstrates by clear and convincing evidence
                            that the employer would have taken the same
                            unfavorable personnel action in the absence of
                            that behavior.
                ``(3) Final order.--
                        ``(A) In general.--Not later than 120 days after
                    the date of conclusion of any hearing under paragraph
                    (2), the Secretary shall issue a final order providing
                    the relief prescribed by this paragraph or denying the
                    complaint. At any time before issuance of a final
                    order, a proceeding under this subsection may be
                    terminated on the basis of a settlement agreement
                    entered into by the Secretary, the complainant, and the
                    person alleged to have committed the violation.
                        ``(B) Content of order.--If, in response to a
                    complaint filed under paragraph (1), the Secretary
                    determines that a violation of subsection (a) has
                    occurred, the Secretary shall order the person who
                    committed such violation--
                                ``(i) to take affirmative action to abate
                            the violation;
                                ``(ii) to reinstate the complainant to his
                            or her former position together with
                            compensation (including back pay) and restore
                            the terms, conditions, and privileges
                            associated with his or her employment; and
                                ``(iii) to provide compensatory damages to
                            the complainant.
                        ``(C) Penalty.--If such an order is issued under
                    this paragraph, the Secretary, at the request of the
                    complainant, shall assess against the person against
                    whom the order is issued a sum equal to the aggregate
                    amount of all costs and expenses (including attorneys'
                    and expert witness fees) reasonably incurred, as
                    determined by the Secretary, by the complainant for, or
                    in connection with, the bringing of the complaint upon
                    which the order was issued.
                        ``(D) Bad faith claim.--If the Secretary finds that
                    a complaint under paragraph (1) is frivolous or has
                    been brought in bad faith, the Secretary may award to
                    the prevailing employer a reasonable attorneys' fee,
                    not exceeding $1,000, to be paid by the complainant.
                ``(4) Action in court.--
                        ``(A) In general.--If the Secretary has not issued
                    a final decision within 210 days after the filing of
                    the complaint, or within 90 days after receiving a
                    written determination, the complainant may bring an
                    action at law or equity for de novo review in the
                    appropriate district court of the United States with
                    jurisdiction, which shall have jurisdiction over such
                    an action without regard to the amount in controversy,
                    and which action shall, at the request of either party
                    to such action, be tried by the court with a jury. The
                    proceedings shall be governed by the same legal burdens
                    of proof specified in paragraph (2)(C).
                        ``(B) Relief.--The court shall have jurisdiction to
                    grant all relief necessary to make the employee whole,
                    including injunctive relief and compensatory damages,
                    including--
                                ``(i) reinstatement with the same seniority
                            status that the employee would have had, but
                            for the discharge or discrimination;
                                ``(ii) the amount of back pay, with
                            interest; and
                                ``(iii) compensation for any special
                            damages sustained as a result of the discharge
                            or discrimination, including litigation costs,
                            expert witness fees, and reasonable attorney's
                            fees.
                ``(5) Review.--
                        ``(A) In general.--Unless the complainant brings an
                    action under paragraph (4), any person adversely
                    affected or aggrieved by a final order issued under
                    paragraph (3) may obtain review of the order in the
                    United States Court of Appeals for the circuit in which
                    the violation, with respect to which the order was
                    issued, allegedly occurred or the circuit in which the
                    complainant resided on the date of such violation. The
                    petition for review must be filed not later than 60
                    days after the date of the issuance of the final order
                    of the Secretary. Review shall conform to chapter 7 of
                    title 5, United States Code. The commencement of
                    proceedings under this subparagraph shall not, unless
                    ordered by the court, operate as a stay of the order.
                        ``(B) No judicial review.--An order of the
                    Secretary with respect to which review could have been
                    obtained under subparagraph (A) shall not be subject to
                    judicial review in any criminal or other civil
                    proceeding.
                ``(6) Failure to comply with order.--Whenever any person
            has failed to comply with an order issued under paragraph (3),
            the Secretary may file a civil action in the United States
            district court for the district in which the violation was
            found to occur, or in the United States district court for the
            District of Columbia, to enforce such order. In actions brought
            under this paragraph, the district courts shall have
            jurisdiction to grant all appropriate relief including, but not
            limited to, injunctive relief and compensatory damages.
                ``(7) Civil action to require compliance.--
                        ``(A) In general.--A person on whose behalf an
                    order was issued under paragraph (3) may commence a
                    civil action against the person to whom such order was
                    issued to require compliance with such order. The
                    appropriate United States district court shall have
                    jurisdiction, without regard to the amount in
                    controversy or the citizenship of the parties, to
                    enforce such order.
                        ``(B) Award.--The court, in issuing any final order
                    under this paragraph, may award costs of litigation
                    (including reasonable attorneys' and expert witness
                    fees) to any party whenever the court determines such
                    award is appropriate.
        ``(c) Effect of Section.--
                ``(1) Other laws.--Nothing in this section preempts or
            diminishes any other safeguards against discrimination,
            demotion, discharge, suspension, threats, harassment,
            reprimand, retaliation, or any other manner of discrimination
            provided by Federal or State law.
                ``(2) Rights of employees.--Nothing in this section shall
            be construed to diminish the rights, privileges, or remedies of
            any employee under any Federal or State law or under any
            collective bargaining agreement. The rights and remedies in
            this section may not be waived by any agreement, policy, form,
            or condition of employment.
        ``(d) Enforcement.--Any nondiscretionary duty imposed by this
    section shall be enforceable in a mandamus proceeding brought under
    section 1361 of title 28, United States Code.
        ``(e) Limitation.--Subsection (a) shall not apply with respect to
    an employee of an entity engaged in the manufacture, processing,
    packing, transporting, distribution, reception, holding, or importation
    of food who, acting without direction from such entity (or such
    entity's agent), deliberately causes a violation of any requirement
    relating to any violation or alleged violation of any order, rule,
    regulation, standard, or ban under this Act.''.

    SEC. 6403. JURISDICTION; AUTHORITIES.

        Nothing in this Act, or an amendment made by this Act, shall be
    construed to--
                (1) alter the jurisdiction between the Secretary of
            Agriculture and the Secretary of Health and Human Services,
            under applicable statutes, regulations, or agreements regarding
            voluntary inspection of non-amenable species under the
            Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.);
                (2) alter the jurisdiction between the Alcohol and Tobacco
            Tax and Trade Bureau and the Secretary of Health and Human
            Services, under applicable statutes and regulations;
                (3) limit the authority of the Secretary of Health and
            Human Services under--
                        (A) the Federal Food, Drug, and Cosmetic Act (21
                    U.S.C. 301 et seq.) as in effect on the day before the
                    date of enactment of this Act; or
                        (B) the Public Health Service Act (42 U.S.C. 301 et
                    seq.) as in effect on the day before the date of
                    enactment of this Act;
                (4) alter or limit the authority of the Secretary of
            Agriculture under the laws administered by such Secretary,
            including--
                        (A) the Federal Meat Inspection Act (21 U.S.C. 601
                    et seq.);
                        (B) the Poultry Products Inspection Act (21 U.S.C.
                    451 et seq.);
                        (C) the Egg Products Inspection Act (21 U.S.C. 1031
                    et seq.);
                        (D) the United States Grain Standards Act (7 U.S.C.
                    71 et seq.);
                        (E) the Packers and Stockyards Act, 1921 (7 U.S.C.
                    181 et seq.);
                        (F) the United States Warehouse Act (7 U.S.C. 241
                    et seq.);
                        (G) the Agricultural Marketing Act of 1946 (7
                    U.S.C. 1621 et seq.); and
                        (H) the Agricultural Adjustment Act (7 U.S.C. 601
                    et seq.), reenacted with the amendments made by the
                    Agricultural Marketing Agreement Act of 1937; or
                (5) alter, impede, or affect the authority of the Secretary
            of Homeland Security under the Homeland Security Act of 2002 (6
            U.S.C. 101 et seq.) or any other statute, including any
            authority related to securing the borders of the United States,
            managing ports of entry, or agricultural import and entry
            inspection activities.

    SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS.

        Nothing in this Act (or an amendment made by this Act) shall be
    construed in a manner inconsistent with the agreement establishing the
    World Trade Organization or any other treaty or international agreement
    to which the United States is a party.

    SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS.

        The budgetary effects of this Act, for the purpose of complying
    with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, jointly submitted for printing in the
    Congressional Record by the Chairmen of the House and Senate Budget
    Committees, provided that such statement has been submitted prior to
    the vote on passage in the House acting first on this conference report
    or amendment between the Houses.

                               Amendment No. 4805

                                   H. R. 3082