[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