[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