[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[Senate]
[Pages S9024-S9278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4804. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     1. SHORT TITLE.

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

                     TITLE I--PERMANENT TAX RELIEF

     SEC. 101. REPEAL OF EGTRRA SUNSET.

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     Relief Reconciliation Act of 2001 is repealed.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

     SEC. 102. REPEAL OF JGTRRA SUNSET.

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     Reconciliation Act of 2003 is repealed.

     SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.

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

               TITLE II--PERMANENT INDIVIDUAL AMT RELIEF

     SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.

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

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


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

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


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

       (b) Alternative Minimum Tax Relief for Nonrefundable 
     Credits.--
       (1) In general.--Subsection (a) of section 26 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(a) Limitation Based on Amount of Tax.--The aggregate 
     amount of credits allowed by this subpart for the taxable 
     year shall not exceed the sum of--
       ``(1) the taxpayer's regular tax liability for the taxable 
     year reduced by the foreign tax credit allowable under 
     section 27(a), and
       ``(2) the tax imposed by section 55(a) for the taxable 
     year.''.
       (2) Conforming amendments.--
       (A) Adoption credit.--

[[Page S9025]]

       (i) Section 23(b) of such Code, as in effect on December 
     31, 2009, is amended by striking paragraph (4).
       (ii) Section 23(c) of such Code, as in effect on December 
     31, 2009, is amended by striking paragraphs (1) and (2) and 
     inserting the following:
       ``(1) In general.--If the credit allowable under subsection 
     (a) for any taxable year exceeds the limitation imposed by 
     section 26(a) for such taxable year reduced by the sum of the 
     credits allowable under this subpart (other than this section 
     and sections 25D and 1400C), such excess shall be carried to 
     the succeeding taxable year and added to the credit allowable 
     under subsection (a) for such taxable year.''.
       (iii) Section 23(c) of such Code, as in effect on December 
     31, 2009 amended by redesignating paragraph (3) as paragraph 
     (2).
       (B) Child tax credit.--
       (i) Section 24(b) of such Code is amended by striking 
     paragraph (3).
       (ii) Section 24(d)(1) of such Code is amended--

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

       (C) Credit for interest on certain home mortgages.--Section 
     25(e)(1)(C) of such Code is amended to read as follows:
       ``(C) Applicable tax limit.--For purposes of this 
     paragraph, the term `applicable tax limit' means the 
     limitation imposed by section 26(a) for the taxable year 
     reduced by the sum of the credits allowable under this 
     subpart (other than this section and sections 23, 25D, and 
     1400C).''.
       (D) Savers' credit.--Section 25B of such Code is amended by 
     striking subsection (g).
       (E) Residential energy efficient property.--Section 25D(c) 
     of such Code is amended to read as follows:
       ``(c) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under this subpart (other than this 
     section), such excess shall be carried to the succeeding 
     taxable year and added to the credit allowable under 
     subsection (a) for such succeeding taxable year.''.
       (F) Certain plug-in electric vehicles.--Section 30(c)(2) of 
     such Code is amended to read as follows:
       ``(2) Personal credit.--For purposes of this title, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall be 
     treated as a credit allowable under subpart A for such 
     taxable year.''.
       (G) Alternative motor vehicle credit.--Section 30B(g)(2) of 
     such Code is amended to read as follows:
       ``(2) Personal credit.--For purposes of this title, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall be 
     treated as a credit allowable under subpart A for such 
     taxable year.''.
       (H) New qualified plug-in electric vehicle credit.--Section 
     30D(c)(2) of such Code is amended to read as follows:
       ``(2) Personal credit.--For purposes of this title, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall be 
     treated as a credit allowable under subpart A for such 
     taxable year.''.
       (I) Cross references.--Section 55(c)(3) of such Code is 
     amended by striking ``26(a), 30C(d)(2),'' and inserting 
     ``30C(d)(2)''.
       (J) Foreign tax credit.--Section 904 of such Code is 
     amended by striking subsection (i) and by redesignating 
     subsections (j), (k), and (l) as subsections (i), (j), and 
     (k), respectively.
       (K) First-time home buyer credit for the district of 
     columbia.--Section 1400C(d) of such Code is amended to read 
     as follows:
       ``(d) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under subpart A of part IV of 
     subchapter A (other than this section and section 25D), such 
     excess shall be carried to the succeeding taxable year and 
     added to the credit allowable under subsection (a) for such 
     taxable year.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
                                 ______
                                 
  SA 4805. Mr. INOUYE submitted an amendment intended to be proposed to 
the House amendment to the Senate amendment to H.R. 3082, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table.

       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

[[Page S9026]]

  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,

[[Page S9027]]

     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

[[Page S9028]]

     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

[[Page S9029]]

     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

[[Page S9030]]

     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

[[Page S9031]]

     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,

[[Page S9032]]

     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

[[Page S9033]]

     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

[[Page S9034]]

     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.

[[Page S9035]]

       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.

[[Page S9036]]

       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

[[Page S9037]]

     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

[[Page S9038]]

     identified by Treasury Appropriation Fund Symbol 12X1080; are 
     rescinded.
       Sec. 746.  Hereafter, under the Rural Electrification Act 
     of 1936 the Secretary of Agriculture shall conduct a pilot 
     program that provides loans or loan guarantees for the 
     construction of not more than three baseload electric 
     generation plants: Provided, That in issuing loans and loan 
     guarantees the Secretary shall not discriminate based on the 
     fuel input of such plants as long as the input is from fossil 
     fuels and the generation facility emits into the ambient air 
     CO2 at a rate, in lbs CO2/MWh, not 
     greater than the CO2 emitted from a natural gas 
     fired generation facility of a similar size that began 
     operation within the last 10 years, as determined by the 
     Secretary: Provided further, That the Secretary shall charge 
     an upfront fee equal to the subsidy cost of such loans as 
     calculated in accordance with section 502 of the Federal 
     Credit Reform Act of 1990: Provided further, That the fee 
     shall be paid from non-Federal sources: Provided further, 
     That the source of such payment received from borrowers is 
     not a loan or other debt obligation that is guaranteed by the 
     Federal Government: Provided further, That gross obligations 
     for the principal amount of loans authorized by this section 
     shall not exceed $1,500,000,000.
       Sec. 747.  The unobligated balances available for the 
     Outreach for Socially Disadvantaged Farmers account, as 
     identified by Treasury Appropriation Fund Symbol 12X0601, are 
     rescinded; for the Rural Community Advancement Program, as 
     identified by Treasury Appropriation Fund Symbol 12X0400, are 
     rescinded; for the Payments to States program, as identified 
     by Treasury Appropriation Fund symbol 12X2501, are rescinded; 
     for the Common Computing Environment account, as identified 
     by Treasury Appropriation Fund Symbol 12X0113, $1,866,000 are 
     rescinded; for the Office of the Secretary, as identified by 
     Treasury Appropriation Fund Symbol 12X0115, are rescinded; 
     for the Agricultural Credit Insurance Fund, as identified by 
     Treasury Appropriation Fund Symbol 12X1140, $3,000,000 are 
     rescinded; for the Resource Conservation and Development 
     program, as identified by Treasury Appropriation Fund Symbol 
     12X1010, $1,563,000 are rescinded; for the Emergency 
     Conservation Program, as identified by Treasury Appropriation 
     Fund Symbol 12X3316, $19,939,000 are rescinded; for Watershed 
     and Flood Prevention Operations, as identified by Treasury 
     Appropriation Fund Symbol 12X1072, $38,846,000 are rescinded; 
     for the Animal and Plant Health Inspection Service--Buildings 
     and Facilities account, as identified by Treasury 
     Appropriation Fund Symbol 12X1601, $3,000,000 are rescinded. 
     In addition, from prior year unobligated balances of Animal 
     and Plant Health Inspection Service--Salaries and Expenses 
     account, the following amounts are rescinded: Sudden Oak 
     Death, $295,000; Sirex Woodwasp, $408,000; Avian Influenza, 
     $8,000,000; Information Technology Infrastructure, $86,000; 
     Screwworm, $1,000,000; HUB Relocation, $98,000; H1N1, 
     $5,000,000; and Contingency Funds, $1,000,000.
       Sec. 748.  The unobligated balances available for the 
     Agricultural Research Service--Salaries and Expenses account, 
     as identified by Treasury Appropriation Fund Symbol 12X1400, 
     as provided through Public Law 109-234 and Public Law 111-32, 
     $971,000 is hereby rescinded; the unobligated balances 
     provided pursuant to section 9005 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8105), $28,042,000 is 
     hereby rescinded; the unobligated balances provided pursuant 
     to section 9003 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8103), $56,084,000 is hereby rescinded.
       Sec. 749.  None of the funds appropriated or made available 
     by this or any other Act shall be used to pay the salaries 
     and expenses of personnel to carry out a biomass crop 
     assistance program as authorized by section 9011 of Public 
     Law 107-171 in fiscal year 2011.
       This division may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2011''.

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

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

                    Bureau of Industry and Security

                     operations and administration

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

                  Economic Development Administration

                economic development assistance programs

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

                         salaries and expenses

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

                  Minority Business Development Agency

                     minority business development

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

                   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.

[[Page S9039]]

       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

[[Page S9040]]

     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.

[[Page S9041]]

       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.

[[Page S9042]]

       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;

[[Page S9043]]

     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

[[Page S9044]]

     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

[[Page S9045]]

     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;

[[Page S9046]]

       (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

[[Page S9047]]

     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

[[Page S9048]]

     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

[[Page S9049]]

     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.

[[Page S9050]]

       (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

[[Page S9051]]

     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

[[Page S9052]]

     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

[[Page S9053]]

     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

[[Page S9054]]

     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

[[Page S9055]]

     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.

[[Page S9056]]

       (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

[[Page S9057]]

     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

[[Page S9058]]

     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

[[Page S9059]]

     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

[[Page S9060]]

     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

[[Page S9061]]

     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

[[Page S9062]]

       (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

[[Page S9063]]

     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

[[Page S9064]]

     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

[[Page S9065]]

     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

[[Page S9066]]

     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;

[[Page S9067]]

     $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

[[Page S9068]]

     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

[[Page S9069]]

     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.

[[Page S9070]]

       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

[[Page S9071]]

     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'',

[[Page S9072]]

     $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).

[[Page S9073]]

       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

[[Page S9074]]

     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

[[Page S9075]]

     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.

[[Page S9076]]

       ``(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.

[[Page S9077]]

       (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

[[Page S9078]]

     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

[[Page S9079]]

     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).

[[Page S9080]]

      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

[[Page S9081]]

     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

[[Page S9082]]

     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.

[[Page S9083]]

                           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

[[Page S9084]]

     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.

[[Page S9085]]

        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.

[[Page S9086]]

                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

[[Page S9087]]

     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

[[Page S9088]]

     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

[[Page S9089]]

     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

[[Page S9090]]

     $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

[[Page S9091]]

     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.

[[Page S9092]]

            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

[[Page S9093]]

     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

[[Page S9094]]

     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

[[Page S9095]]

     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.

[[Page S9096]]

       (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

[[Page S9097]]

     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

[[Page S9098]]

     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.

[[Page S9099]]

       (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

[[Page S9100]]

     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

[[Page S9101]]

     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

[[Page S9102]]

     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;

[[Page S9103]]

     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

[[Page S9104]]

     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

[[Page S9105]]

     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.

[[Page S9106]]

                            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

[[Page S9107]]

     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

[[Page S9108]]

     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

[[Page S9109]]

       (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

[[Page S9110]]

     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--

[[Page S9111]]

       (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

[[Page S9112]]

     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

[[Page S9113]]

     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

[[Page S9114]]

     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

[[Page S9115]]

     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

[[Page S9116]]

     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

[[Page S9117]]

     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

[[Page S9118]]

     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

[[Page S9119]]

     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

[[Page S9120]]

     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

[[Page S9121]]

     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

[[Page S9122]]

     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).

[[Page S9123]]

       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

[[Page S9124]]

     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

[[Page S9125]]

     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

[[Page S9126]]

     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

[[Page S9127]]

     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--

[[Page S9128]]

       ``(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.

[[Page S9129]]

       (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;

[[Page S9130]]

       (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.

[[Page S9131]]

       (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

[[Page S9132]]

     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

[[Page S9133]]

     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

[[Page S9134]]

     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''.

[[Page S9135]]

   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.

[[Page S9136]]

              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

[[Page S9137]]

     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

[[Page S9138]]

     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''.

[[Page S9139]]

                                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

[[Page S9140]]

     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

[[Page S9141]]

     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

[[Page S9142]]

     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)

[[Page S9143]]

     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,

[[Page S9144]]

     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

[[Page S9145]]

     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

[[Page S9146]]

     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

[[Page S9147]]

     $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.

[[Page S9148]]

           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

[[Page S9149]]

     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''.

[[Page S9150]]

       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

[[Page S9151]]

     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

[[Page S9152]]

     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;

[[Page S9153]]

       (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

[[Page S9154]]

     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

[[Page S9155]]

     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,

[[Page S9156]]

     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;

[[Page S9157]]

       (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

[[Page S9158]]

     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.

[[Page S9159]]

               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

[[Page S9160]]

     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

[[Page S9161]]

     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

[[Page S9162]]

     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

[[Page S9163]]

     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

[[Page S9164]]

     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

[[Page S9165]]

     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

[[Page S9166]]

     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

[[Page S9167]]

     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

[[Page S9168]]

     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

[[Page S9169]]

     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

[[Page S9170]]

     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

[[Page S9171]]

     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

[[Page S9172]]

     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

[[Page S9173]]

     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.

[[Page S9174]]

               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

[[Page S9175]]

     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.

[[Page S9176]]

            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

[[Page S9177]]

     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

[[Page S9178]]

     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

[[Page S9179]]

     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

[[Page S9180]]

     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.

[[Page S9181]]

     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

[[Page S9182]]

     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

[[Page S9183]]

     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.

[[Page S9184]]

       (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.

[[Page S9185]]

           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

[[Page S9186]]

     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

[[Page S9187]]

     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

[[Page S9188]]

     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.

[[Page S9189]]

       (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

[[Page S9190]]

     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

[[Page S9191]]

     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

[[Page S9192]]

     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

[[Page S9193]]

     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 a Low Income Country 
     as defined in section 606(a), not less than a 7.5 percent 
     contribution of the total amount agreed upon for a subsequent 
     Compact, or in the case of an Lower Middle Income Country 
     (LMIC) as defined in section 606(b), a 15 percent 
     contribution for a subsequent Compact.
       ``(3) Funding.--Millennium Challenge Corporation (MCC) 
     shall commit any funding for a concurrent Compact at the time 
     it funds the Compact.
       ``(4) Timing.--A concurrent Compact shall be signed not 
     later than 2 years after the signing of the earlier compact.
       ``(5) Limitation on compacts.--The MCC shall provide no 
     more than 15 years of compact funding to any country.''.
       (c) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to Compacts entered into between the 
     United States and an eligible country under the Millennium 
     Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on or 
     after enactment of this Act, and those made by subsection (b) 
     shall apply prospectively to new compacts.
       (d) Maintaining Candidate Status for Purposes of Income 
     Category.--Section 606 of the Millennium Challenge Act of 
     2003 (22 U.S.C. 7705) is amended as follows:
       (1) Section (a)(1) is amended by striking the words 
     ``Fiscal year 2004'' and inserting ``In general'', and by 
     striking the words ``for fiscal year 2004'' and inserting 
     ``for a fiscal year''.
       (2) Section (a)(1)(A) is stricken and replaced with the 
     following: ``The country has a per capita income equal to or 
     below the World Bank's lower middle income country threshold 
     for the fiscal year involved and is among the 75 lowest per 
     capita income countries as identified by the World Bank; 
     and'';
       (3) Section (a)(2) is stricken.
       (4) Section (b)(1)(A) is stricken and replaced with the 
     following: ``has a per capita income equal to or below the 
     World Bank's lower middle income country threshold for the 
     fiscal year involved and is not among the 75 lowest per 
     capita income countries as identified by the World Bank; 
     and''.
       (e) Section 606 is amended by inserting the following--
       ``(d) Income Classification Transition.--Any country with a 
     per capita income that changes in a given fiscal year such 
     that the country would be reclassified in that fiscal year 
     from a low income country to a lower middle income country or 
     from a lower middle income country to a low income country 
     shall retain its candidacy status in its former income 
     classification for the fiscal year of the country's 
     transition and the two subsequent fiscal years.''.

[[Page S9194]]

                         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.

[[Page S9195]]

       (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

[[Page S9196]]

     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

[[Page S9197]]

     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

[[Page S9198]]

     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.

[[Page S9199]]

       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

[[Page S9200]]

     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

[[Page S9201]]

     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

[[Page S9202]]

     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,

[[Page S9203]]

     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

[[Page S9204]]

     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

[[Page S9205]]

     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

[[Page S9206]]

     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.

[[Page S9207]]

                    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

[[Page S9208]]

     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,

[[Page S9209]]

     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

[[Page S9210]]

     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

[[Page S9211]]

     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.

[[Page S9212]]

            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,

[[Page S9213]]

     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

[[Page S9214]]

     (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;

[[Page S9215]]

       (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

[[Page S9216]]

     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.

[[Page S9217]]

                 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.

[[Page S9218]]

       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,

[[Page S9219]]

     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

[[Page S9220]]

       (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''.

[[Page S9221]]

       (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.'';

[[Page S9222]]

       (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.

[[Page S9223]]

       ``(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,

[[Page S9224]]

     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

[[Page S9225]]

     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

[[Page S9226]]

       ``(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--

[[Page S9227]]

       ``(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.

[[Page S9228]]

       ``(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

[[Page S9229]]

     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:

[[Page S9230]]

       (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

[[Page S9231]]

     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.

[[Page S9232]]

       ``(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

[[Page S9233]]

     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

[[Page S9234]]

     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

[[Page S9235]]

     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;

[[Page S9236]]

       (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

[[Page S9237]]

       ``(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.

[[Page S9238]]

       (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

[[Page S9239]]

     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--

[[Page S9240]]

       ``(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

[[Page S9241]]

     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

[[Page S9242]]

     an owner, operator, or agent in charge shall be considered to 
     have refused an inspection if such owner, operator, or agent 
     in charge does not permit an inspection of a factory, 
     warehouse, or other establishment during the 24-hour period 
     after such request is submitted, or after such other time 
     period, as agreed upon by the Secretary and the foreign 
     factory, warehouse, or other establishment.''.
       (b) Inspection by the Secretary of Commerce.--
       (1) In general.--The Secretary of Commerce, in coordination 
     with the Secretary of Health and Human Services, may send 1 
     or more inspectors to a country or facility of an exporter 
     from which seafood imported into the United States 
     originates. The inspectors shall assess practices and 
     processes used in connection with the farming, cultivation, 
     harvesting, preparation for market, or transportation of such 
     seafood and may provide technical assistance related to such 
     activities.
       (2) Inspection report.--
       (A) In general.--The Secretary of Health and Human 
     Services, in coordination with the Secretary of Commerce, 
     shall--
       (i) prepare an inspection report for each inspection 
     conducted under paragraph (1);
       (ii) provide the report to the country or exporter that is 
     the subject of the report; and
       (iii) provide a 30-day period during which the country or 
     exporter may provide a rebuttal or other comments on the 
     findings of the report to the Secretary of Health and Human 
     Services.
       (B) Distribution and use of report.--The Secretary of 
     Health and Human Services shall consider the inspection 
     reports described in subparagraph (A) in distributing 
     inspection resources under section 421 of the Federal Food, 
     Drug, and Cosmetic Act, as added by section 6201.

     SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.

       Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 
     6306, is amended by adding at the end the following:

     ``SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS.

       ``(a) Definitions.--In this section:
       ``(1) Audit agent.--The term `audit agent' means an 
     individual who is an employee or agent of an accredited 
     third-party auditor and, although not individually 
     accredited, is qualified to conduct food safety audits on 
     behalf of an accredited third-party auditor.
       ``(2) Accreditation body.--The term `accreditation body' 
     means an authority that performs accreditation of third-party 
     auditors.
       ``(3) Third-party auditor.--The term `third-party auditor' 
     means a foreign government, agency of a foreign government, 
     foreign cooperative, or any other third party, as the 
     Secretary determines appropriate in accordance with the model 
     standards described in subsection (b)(2), that is eligible to 
     be considered for accreditation to conduct food safety audits 
     to certify that eligible entities meet the applicable 
     requirements of this section. A third-party auditor may be a 
     single individual. A third-party auditor may employ or use 
     audit agents to help conduct consultative and regulatory 
     audits.
       ``(4) Accredited third-party auditor.--The term `accredited 
     third-party auditor' means a third-party auditor accredited 
     by an accreditation body to conduct audits of eligible 
     entities to certify that such eligible entities meet the 
     applicable requirements of this section. An accredited third-
     party auditor may be an individual who conducts food safety 
     audits to certify that eligible entities meet the applicable 
     requirements of this section.
       ``(5) Consultative audit.--The term `consultative audit' 
     means an audit of an eligible entity--
       ``(A) to determine whether such entity is in compliance 
     with the provisions of this Act and with applicable industry 
     standards and practices; and
       ``(B) the results of which are for internal purposes only.
       ``(6) Eligible entity.--The term `eligible entity' means a 
     foreign entity, including a foreign facility registered under 
     section 415, in the food import supply chain that chooses to 
     be audited by an accredited third-party auditor or the audit 
     agent of such accredited third-party auditor.
       ``(7) Regulatory audit.--The term `regulatory audit' means 
     an audit of an eligible entity--
       ``(A) to determine whether such entity is in compliance 
     with the provisions of this Act; and
       ``(B) the results of which determine--
       ``(i) whether an article of food manufactured, processed, 
     packed, or held by such entity is eligible to receive a food 
     certification under section 801(q); or
       ``(ii) whether a facility is eligible to receive a facility 
     certification under section 806(a) for purposes of 
     participating in the program under section 806.
       ``(b) Accreditation System.--
       ``(1) Accreditation bodies.--
       ``(A) Recognition of accreditation bodies.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of the FDA Food Safety Modernization Act, the 
     Secretary shall establish a system for the recognition of 
     accreditation bodies that accredit third-party auditors to 
     certify that eligible entities meet the applicable 
     requirements of this section.
       ``(ii) Direct accreditation.--If, by the date that is 2 
     years after the date of establishment of the system described 
     in clause (i), the Secretary has not identified and 
     recognized an accreditation body to meet the requirements of 
     this section, the Secretary may directly accredit third-party 
     auditors.
       ``(B) Notification.--Each accreditation body recognized by 
     the Secretary shall submit to the Secretary a list of all 
     accredited third-party auditors accredited by such body and 
     the audit agents of such auditors.
       ``(C) Revocation of recognition as an accreditation body.--
     The Secretary shall promptly revoke the recognition of any 
     accreditation body found not to be in compliance with the 
     requirements of this section.
       ``(D) Reinstatement.--The Secretary shall establish 
     procedures to reinstate recognition of an accreditation body 
     if the Secretary determines, based on evidence presented by 
     such accreditation body, that revocation was inappropriate or 
     that the body meets the requirements for recognition under 
     this section.
       ``(2) Model accreditation standards.--Not later than 18 
     months after the date of enactment of the FDA Food Safety 
     Modernization Act, the Secretary shall develop model 
     standards, including requirements for regulatory audit 
     reports, and each recognized accreditation body shall ensure 
     that third-party auditors and audit agents of such auditors 
     meet such standards in order to qualify such third-party 
     auditors as accredited third-party auditors under this 
     section. In developing the model standards, the Secretary 
     shall look to standards in place on the date of the enactment 
     of this section for guidance, to avoid unnecessary 
     duplication of efforts and costs.
       ``(c) Third-party Auditors.--
       ``(1) Requirements for accreditation as a third-party 
     auditor.--
       ``(A) Foreign governments.--Prior to accrediting a foreign 
     government or an agency of a foreign government as an 
     accredited third-party auditor, the accreditation body (or, 
     in the case of direct accreditation under subsection 
     (b)(1)(A)(ii), the Secretary) shall perform such reviews and 
     audits of food safety programs, systems, and standards of the 
     government or agency of the government as the Secretary deems 
     necessary, including requirements under the model standards 
     developed under subsection (b)(2), to determine that the 
     foreign government or agency of the 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).

[[Page S9243]]

       ``(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.''.

[[Page S9244]]

     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;

[[Page S9245]]

       ``(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.
                                 ______
                                 
  SA 4806. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1, line 10, strike all after the first word and 
     insert the following:

     1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax 
              exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for 
              nonrefundable personal credits.

[[Page S9246]]

                 TITLE III--TEMPORARY ESTATE TAX RELIEF

Sec. 301. Reinstatement of estate tax; repeal of carryover basis.
Sec. 302. Modifications to estate, gift, and generation-skipping 
              transfer taxes.
Sec. 303. Applicable exclusion amount increased by unused exclusion 
              amount of deceased spouse.
Sec. 304. Application of EGTRRA sunset to this title.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Extension of bonus depreciation; temporary 100 percent 
              expensing for certain business assets.
Sec. 402. Temporary extension of increased small business expensing.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended 
              benefit program.
Sec. 503. Technical amendment relating to collection of unemployment 
              compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping 
              and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

      TITLE VI--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

Sec. 601. Incentives for biodiesel and renewable diesel.
Sec. 602. Credit for refined coal facilities.
Sec. 603. New energy efficient home credit.
Sec. 604. Excise tax credits and outlay payments for alternative fuel 
              and alternative fuel mixtures.
Sec. 605. Special rule for sales or dispositions to implement FERC or 
              State electric restructuring policy for qualified 
              electric utilities.
Sec. 606. Suspension of limitation on percentage depletion for oil and 
              gas from marginal wells.
Sec. 607. Extension of grants for specified energy property in lieu of 
              tax credits.
Sec. 608. Energy efficient appliance credit.
Sec. 610. Credit for nonbusiness energy property.
Sec. 611. Alternative fuel vehicle refueling property.

                   Subtitle B--Individual Tax Relief

Sec. 621. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 622. Deduction of State and local sales taxes.
Sec. 623. Contributions of capital gain real property made for 
              conservation purposes.
Sec. 624. Above-the-line deduction for qualified tuition and related 
              expenses.
Sec. 625. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 626. Look-thru of certain regulated investment company stock in 
              determining gross estate of nonresidents.
Sec. 627. Parity for exclusion from income for employer-provided mass 
              transit and parking benefits.
Sec. 628. Refunds disregarded in the administration of Federal programs 
              and federally assisted programs.

                    Subtitle C--Business Tax Relief

Sec. 631. Research credit.
Sec. 632. Indian employment tax credit.
Sec. 633. New markets tax credit.
Sec. 634. Railroad track maintenance credit.
Sec. 635. Mine rescue team training credit.
Sec. 636. Employer wage credit for employees who are active duty 
              members of the uniformed services.
Sec. 637. 15-year straight-line cost recovery for qualified leasehold 
              improvements, qualified restaurant buildings and 
              improvements, and qualified retail improvements.
Sec. 638. 7-year recovery period for motorsports entertainment 
              complexes.
Sec. 639. Accelerated depreciation for business property on an Indian 
              reservation.
Sec. 640. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 641. Enhanced charitable deduction for contributions of book 
              inventories to public schools.
Sec. 642. Enhanced charitable deduction for corporate contributions of 
              computer inventory for educational purposes.
Sec. 643. Election to expense mine safety equipment.
Sec. 644. Special expensing rules for certain film and television 
              productions.
Sec. 645. Expensing of environmental remediation costs.
Sec. 646. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 647. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 648. Treatment of certain dividends of regulated investment 
              companies.
Sec. 649. RIC qualified investment entity treatment under FIRPTA.
Sec. 650. Exceptions for active financing income.
Sec. 651. Look-thru treatment of payments between related controlled 
              foreign corporations under foreign personal holding 
              company rules.
Sec. 652. Basis adjustment to stock of S corps making charitable 
              contributions of property.
Sec. 653. Empowerment zone tax incentives.
Sec. 654. Tax incentives for investment in the District of Columbia.
Sec. 655. Temporary increase in limit on cover over of rum excise taxes 
              to Puerto Rico and the Virgin Islands.
Sec. 656. American Samoa economic development credit.
Sec. 657. Work opportunity credit.
Sec. 658. Qualified zone academy bonds.
Sec. 659. Mortgage insurance premiums.
Sec. 660. Temporary exclusion of 100 percent of gain on certain small 
              business stock.

            Subtitle D--Temporary Disaster Relief Provisions

                     PART I--New York Liberty Zone

Sec. 661. Tax-exempt bond financing.

                            PART II--GO Zone

Sec. 662. Increase in rehabilitation credit.
Sec. 663. Low-income housing credit rules for buildings in GO zones.
Sec. 664. Tax-exempt bond financing.
Sec. 665. Bonus depreciation deduction applicable to the GO Zone.

                         TITLE VII--RESCISSIONS

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

Sec. 701. 15 Percent Reduction in appropriations to the Executive 
              Office of the President and Congress.
Sec. 702. No cost of living adjustment in pay of Members of Congress.
Sec. 703. Freeze on cost of Federal employees (including civilian 
              employees of the Department of Defense) salaries.
Sec. 704. Reduction in the number of Federal employees.
Sec. 705. Limitation on Government printing costs.
Sec. 706. Limitation of Government travel costs.
Sec. 707. Reduction in Federal vehicle costs.
Sec. 708. Sale of excess Federal property.
Sec. 709. Prohibition on use of Federal funds to pay unemployment 
              compensation to millionaires.
Sec. 710. Mandatory elimination of duplicative government programs.
Sec. 711. Collection of unpaid taxes from employees of the Federal 
              Government.
Sec. 712. Ten percent reduction in voluntary contributions to the 
              United Nations.
Sec. 713. Low-priority construction projects of Corps of Engineers.
Sec. 714. Ten percent reduction in international development and 
              humanitarian assistance funding.
Sec. 715. Elimination of the Safe and Drug-Free Schools and Communities 
              program.
Sec. 716. Rescission of amounts for Economic Development 
              Administration.
Sec. 717. Department of Justice wasteful activities.
Sec. 718. Rescission of amounts for Hollings Manufacturing Partnership 
              Program and Baldridge Performance Excellence Program.
Sec. 719. Fossil fuel applied research.
Sec. 720. Corporation for Public Broadcasting.
Sec. 721. Fifteen percent reduction in fiscal year 2011 funding for the 
              Department of Defense for procurement.
Sec. 722. Ten percent reduction in fiscal year 2011 funding for the 
              Department of Defense for research, development, test, 
              and evaluation.
Sec. 723. Reduction in Department of Defense spending in support of 
              military installations.
Sec. 724. Rescission of Diplomatic and Consular Programs funding.
Sec. 725. Elimination of program to pay institutions of higher 
              education for administrative expenses relating to student 
              aid program.
Sec. 726. Consolidate all Federal Fire Management Programs and reducing 
              funding by 10 percent.
Sec. 727. High-energy cost grant program.
Sec. 728. Resource conservation and development programs.
Sec. 729. Repeal of LEAP.
Sec. 730. Elimination of the B.J. Stupak Olympic Scholarships program.
Sec. 731. Repeal of Robert C. Byrd Honors Scholarship Program.
Sec. 732. Elimination of the Historic Whaling and Trading Partners 
              program.
Sec. 733. Elimination of the Underground Railroad educational and 
              cultural program.
Sec. 734. Brownfields economic development initiative.

[[Page S9247]]

Sec. 735. Election reform grants.
Sec. 736. Election Assistance Commission.
Sec. 737. Emergency operations center grant program.
Sec. 738. Elimination of health care facilities and construction 
              program.
Sec. 739. High priority surface transportation projects.
Sec. 740. Save America's Treasures Program; Preserve America Program.
Sec. 741. Targeted water infrastructure grants.
Sec. 742. National Park Service Challenge Cost Share Program.
Sec. 743. Termination of the Constellation Program of the National 
              Aeronautics and Space Administration.
Sec. 744. Delta health initiative.
Sec. 745. Department of Agriculture health care services grant program.
Sec. 746. Elimination of loan repayment for civil legal assistance 
              attorneys.
Sec. 747. Targeted air shed grant program.
Sec. 748. Requiring transparency and ensuring no special treatment for 
              the AARP or AMA.

    Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

Sec. 760. Findings.
Sec. 761. Tracking excluded providers across State lines.
Sec. 762. Access for private sector and governmental entities.
Sec. 763. Liability of Medicare administrative contractors for claims 
              submitted by excluded providers.
Sec. 764. Limiting the discharge of debts in bankruptcy proceedings in 
              cases where a health care provider or a supplier engages 
              in fraudulent activity.
Sec. 765. Prevention of waste, fraud, and abuse in the Medicaid and 
              CHIP programs.
Sec. 766. Illegal distribution of a Medicare, Medicaid, or CHIP 
              beneficiary identification or billing privileges.
Sec. 767. Pilot program for the use of universal product numbers on 
              claim forms for reimbursement under the Medicare program.
Sec. 768. Prohibition of inclusion of social security account numbers 
              on Medicare cards.
Sec. 769. Implementation.

                    TITLE VIII--BUDGETARY PROVISIONS

Sec. 801. Determination of budgetary effects.
Sec. 802. Emergency designations.
Sec. 803. Spending caps.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

     SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Separate Sunset for Expansion of Adoption Benefits 
     Under the Patient Protection and Affordable Care Act.--
       (1) In general.--Subsection (c) of section 10909 of the 
     Patient Protection and Affordable Care Act is amended to read 
     as follows:
       ``(c) Sunset Provision.--Each provision of law amended by 
     this section is amended to read as such provision would read 
     if this section had never been enacted. The amendments made 
     by the preceding sentence shall apply to taxable years 
     beginning after December 31, 2011.''.
       (2) Conforming amendment.--Subsection (d) of section 10909 
     of such Act is amended by striking ``The amendments'' and 
     inserting ``Except as provided in subsection (c), the 
     amendments''.

     SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) In General.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.

     SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

       (a) American Opportunity Tax Credit.--
       (1) In general.--Section 25A(i) is amended by striking ``or 
     2010'' and inserting ``, 2010, 2011, or 2012''.
       (2) Treatment of possessions.--Section 1004(c)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``and 2010'' each place it appears and inserting 
     ``, 2010, 2011, and 2012''.
       (b) Child Tax Credit.--Section 24(d)(4) is amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (c) Earned Income Tax Credit.--Section 32(b)(3) is 
     amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

     SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE 
                   MINIMUM TAX EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) is 
     amended--
       (1) by striking ``$70,950'' and all that follows through 
     ``2009'' in subparagraph (A) and inserting ``$72,450 in the 
     case of taxable years beginning in 2010 and $74,450 in the 
     case of taxable years beginning in 2011'', and
       (2) by striking ``$46,700'' and all that follows through 
     ``2009'' in subparagraph (B) and inserting ``$47,450 in the 
     case of taxable years beginning in 2010 and $48,450 in the 
     case of taxable years beginning in 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (c) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to title 
     VII of such Act (relating to alternative minimum tax).

     SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 
                   RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``or 2009'' and inserting ``2009, 2010, or 
     2011'', and
       (2) by striking ``2009'' in the heading thereof and 
     inserting ``2011''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                 TITLE III--TEMPORARY ESTATE TAX RELIEF

     SEC. 301. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 
                   BASIS.

       (a) In General.--Each provision of law amended by subtitle 
     A or E of title V of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended to read as such 
     provision would read if such subtitle had never been enacted.
       (b) Conforming Amendment.--On and after January 1, 2011, 
     paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 is amended to read as such paragraph would read if 
     section 521(b)(2) of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 had never been enacted.
       (c) Special Election With Respect to Estates of Decedents 
     Dying in 2010.--Notwithstanding subsection (a), in the case 
     of an estate of a decedent dying after December 31, 2009, and 
     before January 1, 2011, the executor (within the meaning of 
     section 2203 of the Internal Revenue Code of 1986) may elect 
     to apply such Code as though the amendments made by 
     subsection (a) do not apply with respect to chapter 11 of 
     such Code and with respect to property acquired or passing 
     from such decedent (within the meaning of section 1014(b) of 
     such Code).  Such election shall be made at such time and in 
     such manner as the Secretary of the Treasury or the 
     Secretary's delegate shall provide. Such an election once 
     made shall be revocable only with the consent of the 
     Secretary of the Treasury or the Secretary's delegate. For 
     purposes of section 2652(a)(1) of such Code, the 
     determination of whether any property is subject to the tax 
     imposed by such chapter 11 shall be made without regard to 
     any election made under this subsection.
       (d) Extension of Time for Performing Certain Acts.--
       (1) Estate tax.--In the case of the estate of a decedent 
     dying after December 31, 2009, and before the date of the 
     enactment of this Act, the due date for--
       (A) filing any return under section 6018 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) as such section is in effect after the 
     date of the enactment of this Act without regard to any 
     election under subsection (c),
       (B) making any payment of tax under chapter 11 of such 
     Code, and
       (C) making any disclaimer described in section 2518(b) of 
     such Code of an interest in property passing by reason of the 
     death of such decedent,

     shall not be earlier than the date which is 9 months after 
     the date of the enactment of this Act.
       (2) Generation-skipping tax.--In the case of any 
     generation-skipping transfer made after December 31, 2009, 
     and before the date of the enactment of this Act, the due 
     date for filing any return under section 2662 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) shall not be earlier than the date 
     which is 9 months after the date of the enactment of this 
     Act.
       (e) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, and transfers made, after 
     December 31, 2009.

     SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
                   SKIPPING TRANSFER TAXES.

       (a) Modifications to Estate Tax.--
       (1) $5,000,000 applicable exclusion amount.--Subsection (c) 
     of section 2010 is amended to read as follows:
       ``(c) Applicable Credit Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable credit amount is the

[[Page S9248]]

     amount of the tentative tax which would be determined under 
     section 2001(c) if the amount with respect to which such 
     tentative tax is to be computed were equal to the applicable 
     exclusion amount.
       ``(2) Applicable exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable exclusion amount is $5,000,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2011, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2010' for `calendar year 1992' in subparagraph 
     (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.''.
       (2) Maximum estate tax rate equal to 35 percent.--
     Subsection (c) of section 2001 is amended--
       (A) by striking ``Over $500,000'' and all that follows in 
     the table contained in paragraph (1) and inserting the 
     following:


``Over $500,000...........................  $155,800, plus 35 percent of
                                             the excess of such amount
                                             over $500,000.'',
 


       (B) by striking ``(1) In general.--'', and
       (C) by striking paragraph (2).
       (b) Modifications to Gift Tax.--
       (1) Restoration of unified credit against gift tax.--
       (A) In general.--Paragraph (1) of section 2505(a), after 
     the application of section 301(b), is amended by striking 
     ``(determined as if the applicable exclusion amount were 
     $1,000,000)''.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to gifts made after December 31, 2010.
       (2) Modification of gift tax rate.--On and after January 1, 
     2011, subsection (a) of section 2502 is amended to read as 
     such subsection would read if section 511(d) of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 had never 
     been enacted.
       (c) Modification of Generation-skipping Transfer Tax.--In 
     the case of any generation-skipping transfer made after 
     December 31, 2009, and before January 1, 2011, the applicable 
     rate determined under section 2641(a) of the Internal Revenue 
     Code of 1986 shall be zero.
       (d) Modifications of Estate and Gift Taxes to Reflect 
     Differences in Credit Resulting From Different Tax Rates.--
       (1) Estate tax.--
       (A) In general.--Section 2001(b)(2) is amended by striking 
     ``if the provisions of subsection (c) (as in effect at the 
     decedent's death)'' and inserting ``if the modifications 
     described in subsection (g)''.
       (B) Modifications.--Section 2001 is amended by adding at 
     the end the following new subsection:
       ``(g) Modifications to Gift Tax Payable to Reflect 
     Different Tax Rates.--For purposes of applying subsection 
     (b)(2) with respect to 1 or more gifts, the rates of tax 
     under subsection (c) in effect at the decedent's death shall, 
     in lieu of the rates of tax in effect at the time of such 
     gifts, be used both to compute--
       ``(1) the tax imposed by chapter 12 with respect to such 
     gifts, and
       ``(2) the credit allowed against such tax under section 
     2505, including in computing--
       ``(A) the applicable credit amount under section 
     2505(a)(1), and
       ``(B) the sum of the amounts allowed as a credit for all 
     preceding periods under section 2505(a)(2).''.
       (2) Gift tax.--Section 2505(a) is amended by adding at the 
     end the following new flush sentence:

     ``For purposes of applying paragraph (2) for any calendar 
     year, the rates of tax in effect under section 2502(a)(2) for 
     such calendar year shall, in lieu of the rates of tax in 
     effect for preceding calendar periods, be used in determining 
     the amounts allowable as a credit under this section for all 
     preceding calendar periods.''.
       (e) Conforming Amendment.--Section 2511 is amended by 
     striking subsection (c).
       (f) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, generation-skipping transfers, 
     and gifts made, after December 31, 2009.

     SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED 
                   EXCLUSION AMOUNT OF DECEASED SPOUSE.

       (a) In General.--Section 2010(c), as amended by section 
     302(a), is amended by striking paragraph (2) and inserting 
     the following new paragraphs:
       ``(2) Applicable exclusion amount.--For purposes of this 
     subsection, the applicable exclusion amount is the sum of--
       ``(A) the basic exclusion amount, and
       ``(B) in the case of a surviving spouse, the deceased 
     spousal unused exclusion amount.
       ``(3) Basic exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     basic exclusion amount is $5,000,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2011, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2010' for `calendar year 1992' in subparagraph 
     (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.
       ``(4) Deceased spousal unused exclusion amount.--For 
     purposes of this subsection, with respect to a surviving 
     spouse of a deceased spouse dying after December 31, 2010, 
     the term `deceased spousal unused exclusion amount' means the 
     lesser of--
       ``(A) the basic exclusion amount, or
       ``(B) the excess of--
       ``(i) the basic exclusion amount of the last such deceased 
     spouse of such surviving spouse, over
       ``(ii) the amount with respect to which the tentative tax 
     is determined under section 2001(b)(1) on the estate of such 
     deceased spouse.
       ``(5) Special rules.--
       ``(A) Election required.--A deceased spousal unused 
     exclusion amount may not be taken into account by a surviving 
     spouse under paragraph (2) unless the executor of the estate 
     of the deceased spouse files an estate tax return on which 
     such amount is computed and makes an election on such return 
     that such amount may be so taken into account. Such election, 
     once made, shall be irrevocable. No election may be made 
     under this subparagraph if such return is filed after the 
     time prescribed by law (including extensions) for filing such 
     return.
       ``(B) Examination of prior returns after expiration of 
     period of limitations with respect to deceased spousal unused 
     exclusion amount.--Notwithstanding any period of limitation 
     in section 6501, after the time has expired under section 
     6501 within which a tax may be assessed under chapter 11 or 
     12 with respect to a deceased spousal unused exclusion 
     amount, the Secretary may examine a return of the deceased 
     spouse to make determinations with respect to such amount for 
     purposes of carrying out this subsection.
       ``(6) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this subsection.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 2505(a), as amended by section 
     302(b)(1), is amended to read as follows:
       ``(1) the applicable credit amount in effect under section 
     2010(c) which would apply if the donor died as of the end of 
     the calendar year, reduced by''.
       (2) Section 2631(c) is amended by striking ``the applicable 
     exclusion amount'' and inserting ``the basic exclusion 
     amount''.
       (3) Section 6018(a)(1) is amended by striking ``applicable 
     exclusion amount'' and inserting ``basic exclusion amount''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to estates of 
     decedents dying and gifts made after December 31, 2010.
       (2) Conforming amendment relating to generation-skipping 
     transfers.--The amendment made by subsection (b)(2) shall 
     apply to generation-skipping transfers after December 31, 
     2010.

     SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall apply to the amendments made 
     by this title.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

     SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 
                   PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.

       (a) In General.--Paragraph (2) of section 168(k) is 
     amended--
       (1) by striking ``January 1, 2012'' in subparagraph (A)(iv) 
     and inserting ``January 1, 2014'', and
       (2) by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2013''.
       (b) Temporary 100 Percent Expensing.--Subsection (k) of 
     section 168 is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule for property acquired during certain 
     pre-2012 periods.--In the case of qualified property acquired 
     by the taxpayer (under rules similar to the rules of clauses 
     (ii) and (iii) of paragraph (2)(A)) after September 8, 2010, 
     and before January 1, 2012, and which is placed in service by 
     the taxpayer before January 1, 2012 (January 1, 2013, in the 
     case of property described in subparagraph (2)(B) or (2)(C)), 
     paragraph (1)(A) shall be applied by substituting `100 
     percent' for `50 percent'.''.
       (c) Extension of Election to Accelerate the AMT Credit in 
     Lieu of Bonus Depreciation.--

[[Page S9249]]

       (1) Extension.--Clause (iii) of section 168(k)(4)(D) is 
     amended by striking ``or production'' and all that follows 
     and inserting ``or production--

       ``(I) after March 31, 2008, and before January 1, 2010, and
       ``(II) after December 31, 2010, and before January 1, 2013,

     shall be taken into account under subparagraph (B)(ii) 
     thereof,''.
       (2) Rules for round 2 extension property.--Paragraph (4) of 
     section 168(k) is amended by adding at the end the following 
     new subparagraph:
       ``(I) Special rules for round 2 extension property.--
       ``(i) In general.--In the case of round 2 extension 
     property, this paragraph shall be applied without regard to--

       ``(I) the limitation described in subparagraph (B)(i) 
     thereof, and
       ``(II) the business credit increase amount under 
     subparagraph (E)(iii) thereof.

       ``(ii) Taxpayers previously electing acceleration.--In the 
     case of a taxpayer who made the election under subparagraph 
     (A) for its first taxable year ending after March 31, 2008, 
     or a taxpayer who made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect not to have this paragraph 
     apply to round 2 extension property, but
       ``(II) if the taxpayer does not make the election under 
     subclause (I), in applying this paragraph to the taxpayer the 
     bonus depreciation amount, maximum amount, and maximum 
     increase amount shall be computed and applied to eligible 
     qualified property which is round 2 extension property.

     The amounts described in subclause (II) shall be computed 
     separately from any amounts computed with respect to eligible 
     qualified property which is not round 2 extension property.
       ``(iii) Taxpayers not previously electing acceleration.--In 
     the case of a taxpayer who neither made the election under 
     subparagraph (A) for its first taxable year ending after 
     March 31, 2008, nor made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect to have this paragraph apply 
     to its first taxable year ending after December 31, 2010, and 
     each subsequent taxable year, and
       ``(II) if the taxpayer makes the election under subclause 
     (I), this paragraph shall only apply to eligible qualified 
     property which is round 2 extension property.

       ``(iv) Round 2 extension property.--For purposes of this 
     subparagraph, the term `round 2 extension property' means 
     property which is eligible qualified property solely by 
     reason of the extension of the application of the special 
     allowance under paragraph (1) pursuant to the amendments made 
     by section 401(a) of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (and the 
     application of such extension to this paragraph pursuant to 
     the amendment made by section 401(c)(1) of such Act).''.
       (d) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2013''.
       (2) The heading for clause (ii) of section 168(k)(2)(B) is 
     amended by striking ``pre-january 1, 2011'' and inserting 
     ``pre-january 1, 2013''.
       (3) Subparagraph (D) of section 168(k)(4) is amended--
       (A) by striking clauses (iv) and (v),
       (B) by inserting ``and'' at the end of clause (ii), and
       (C) by striking the comma at the end of clause (iii) and 
     inserting a period.
       (4) Paragraph (5) of section 168(l) is amended--
       (A) by inserting ``and'' at the end of subparagraph (A),
       (B) by striking subparagraph (B), and
       (C) by redesignating subparagraph (C) as subparagraph (B).
       (5) Subparagraph (C) of section 168(n)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (6) Subparagraph (D) of section 1400L(b)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (7) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after December 31, 2010, in taxable years 
     ending after such date.
       (2) Temporary 100 percent expensing.--The amendment made by 
     subsection (b) shall apply to property placed in service 
     after September 8, 2010, in taxable years ending after such 
     date.

     SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS 
                   EXPENSING.

       (a) Dollar Limitation.--Section 179(b)(1) is amended by 
     striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $125,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $25,000 in the case of taxable years beginning after 
     2012.''.
       (b) Reduction in Limitation.--Section 179(b)(2) is amended 
     by striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $500,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $200,000 in the case of taxable years beginning after 
     2012.''.
       (c) Inflation Adjustment.--Subsection (b) of section 179 is 
     amended by adding at the end the following new paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in calendar year 2012, the $125,000 and $500,000 
     amounts in paragraphs (1)(C) and (2)(C) shall each be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2006' for 
     `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--
       ``(i) Dollar limitation.--If the amount in paragraph (1) as 
     increased under subparagraph (A) is not a multiple of $1,000, 
     such amount shall be rounded to the nearest multiple of 
     $1,000.
       ``(ii) Phaseout amount.--If the amount in paragraph (2) as 
     increased under subparagraph (A) is not a multiple of 
     $10,000, such amount shall be rounded to the nearest multiple 
     of $10,000.''.
       (d) Computer Software.--Section 179(d)(1)(A)(ii) is amended 
     by striking ``2012'' and inserting ``2013''.
       (e) Conforming Amendment.--Section 179(c)(2) is amended by 
     striking ``2012'' and inserting ``2013''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

     SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE 
                   PROVISIONS.

       (a) In General.--(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (A) by striking ``November 30, 2010'' each place it appears 
     and inserting ``January 3, 2012'';
       (B) in the heading for subsection (b)(2), by striking 
     ``november 30, 2010'' and inserting ``january 3, 2012''; and
       (C) in subsection (b)(3), by striking ``April 30, 2011'' 
     and inserting ``June 9, 2012''.
       (2) Section 2005 of the Assistance for Unemployed Workers 
     and Struggling Families Act, as contained in Public Law 111-5 
     (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
       (A) by striking ``December 1, 2010'' each place it appears 
     and inserting ``January 4, 2012''; and
       (B) in subsection (c), by striking ``May 1, 2011'' and 
     inserting ``June 11, 2012''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``April 30, 2011'' and inserting ``June 
     10, 2012''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (F) the following:
       ``(G) the amendments made by section 501(a)(1) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2010 (Public Law 
     111-205).

     SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 
                   EXTENDED BENEFIT PROGRAM.

       (a) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended, in the flush matter following 
     paragraph (2), by inserting after the first sentence the 
     following sentence: ``Effective with respect to compensation 
     for weeks of unemployment beginning after the date of 
     enactment of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (or, if later, 
     the date established pursuant to State law), and ending on or 
     before December 31, 2011, the State may by law provide that 
     the determination of whether there has been a state `on' or 
     `off' indicator beginning or ending any extended benefit 
     period shall be made under this subsection as if the word 
     `two' were `three' in subparagraph (1)(A).''.
       (b) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Effective with respect to compensation for weeks of 
     unemployment beginning after the date of enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (or, if later, the date established 
     pursuant to State law), and ending on or before December 31, 
     2011, the State may by law provide that the determination of 
     whether there has been a state `on' or `off' indicator 
     beginning or ending any extended benefit period shall be

[[Page S9250]]

     made under this subsection as if the word `either' were 
     `any', the word ``both'' were `all', and the figure `2' were 
     `3' in clause (1)(A)(ii).''.

     SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 
                   UNEMPLOYMENT COMPENSATION DEBTS.

       (a) In General.--Section 6402(f)(3)(C), as amended by 
     section 801 of the Claims Resolution Act of 2010, is amended 
     by striking ``is not a covered unemployment compensation 
     debt'' and inserting ``is a covered unemployment compensation 
     debt''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 801 of the Claims 
     Resolution Act of 2010.

     SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF 
                   CONTINUED DUMPING AND SUBSIDY OFFSET.

       (a) In General.--Section 822(2)(A) of the Claims Resolution 
     Act of 2010 is amended by striking ``or'' and inserting 
     ``and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the provisions of the 
     Claims Resolution Act of 2010.

     SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92), is amended--
       (1) by striking ``June 30, 2010'' and inserting ``June 30, 
     2011''; and
       (2) by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of the enactment of this Act.

      TITLE VI--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

     SEC. 601. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (2) Subparagraph (B) of section 6427(e)(6) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any biodiesel mixture credit 
     properly determined under section 6426(c) of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 602. CREDIT FOR REFINED COAL FACILITIES.

       (a) In General.--Subparagraph (B) of section 45(d)(8) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to facilities placed in service after December 
     31, 2009.

     SEC. 603. NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2009.

     SEC. 604. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR 
                   ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.

       (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 
     6427(e)(6)(C) are each amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2011''.
       (b) Exclusion of Black Liquor From Credit Eligibility.--The 
     last sentence of section 6426(d)(2) is amended by striking 
     ``or biodiesel'' and inserting ``biodiesel, or any fuel 
     (including lignin, wood residues, or spent pulping liquors) 
     derived from the production of paper or pulp''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any alternative fuel credit 
     or any alternative fuel mixture credit properly determined 
     under subsection (d) or (e) of section 6426 of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 605. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 
                   FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 
                   QUALIFIED ELECTRIC UTILITIES.

       (a) In General.--Paragraph (3) of section 451(i) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions after December 31, 2009.

     SEC. 606. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION 
                   FOR OIL AND GAS FROM MARGINAL WELLS.

       (a) In General.--Clause (ii) of section 613A(c)(6)(H) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 607. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``2009 or 2010'' and 
     inserting ``2009, 2010, or 2011'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2010'' and inserting ``after 
     2011'', and
       (B) by striking ``2009 or 2010'' and inserting ``2009, 
     2010, or 2011''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is amended by striking ``2011'' and 
     inserting ``2012''.

     SEC. 608. ENERGY EFFICIENT APPLIANCE CREDIT.

       (a) Dishwashers.--Paragraph (1) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(C) $25 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 307 
     kilowatt hours per year and 5.0 gallons per cycle (5.5 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings),
       ``(D) $50 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 295 
     kilowatt hours per year and 4.25 gallons per cycle (4.75 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings), and
       ``(E) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 280 
     kilowatt hours per year and 4 gallons per cycle (4.5 gallons 
     per cycle for dishwashers designed for greater than 12 place 
     settings).''.
       (b) Clothes Washers.--Paragraph (2) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $175 in the case of a top-loading clothes washer 
     manufactured in calendar year 2011 which meets or exceeds a 
     2.2 modified energy factor and does not exceed a 4.5 water 
     consumption factor, and
       ``(F) $225 in the case of a clothes washer manufactured in 
     calendar year 2011--
       ``(i) which is a top-loading clothes washer and which meets 
     or exceeds a 2.4 modified energy factor and does not exceed a 
     4.2 water consumption factor, or
       ``(ii) which is a front-loading clothes washer and which 
     meets or exceeds a 2.8 modified energy factor and does not 
     exceed a 3.5 water consumption factor.''.
       (c) Refrigerators.--Paragraph (3) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $150 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 30 percent less 
     energy than the 2001 energy conservation standards, and
       ``(F) $200 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 35 percent less 
     energy than the 2001 energy conservation standards.''.
       (d) Rebasing of Limitations.--

[[Page S9251]]

       (1) In general.--Paragraph (1) of section 45M(e) is 
     amended--
       (A) by striking ``$75,000,000'' and inserting 
     ``$25,000,000'', and
       (B) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.
       (2) Exception for certain refrigerators and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended--
       (A) by striking ``subsection (b)(3)(D)'' and inserting 
     ``subsection (b)(3)(F)'', and
       (B) by striking ``subsection (b)(2)(D)'' and inserting 
     ``subsection (b)(2)(F)''.
       (3) Gross receipts limitation.--Paragraph (3) of section 
     45M(e) is amended by striking ``2 percent'' and inserting ``4 
     percent''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall apply to appliances produced after 
     December 31, 2010.
       (2) Limitations.--The amendments made by subsection (d) 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 609. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (b) Return to Pre-ARRA Limitations and Standards.--
       (1) In general.--Subsections (a) and (b) of section 25C are 
     amended to read as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 10 percent of the amount paid or incurred by the 
     taxpayer for qualified energy efficiency improvements 
     installed during such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitations.--
       ``(1) Lifetime limitation.--The credit allowed under this 
     section with respect to any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $500 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years ending after 
     December 31, 2005.
       ``(2) Windows.--In the case of amounts paid or incurred for 
     components described in subsection (c)(2)(B) by any taxpayer 
     for any taxable year, the credit allowed under this section 
     with respect to such amounts for such year shall not exceed 
     the excess (if any) of $200 over the aggregate credits 
     allowed under this section with respect to such amounts for 
     all prior taxable years ending after December 31, 2005.
       ``(3) Limitation on residential energy property 
     expenditures.--The amount of the credit allowed under this 
     section by reason of subsection (a)(2) shall not exceed--
       ``(A) $50 for any advanced main air circulating fan,
       ``(B) $150 for any qualified natural gas, propane, or oil 
     furnace or hot water boiler, and
       ``(C) $300 for any item of energy-efficient building 
     property.''.
       (2) Modification of standards.--
       (A) In general.--Paragraph (1) of section 25C(c) is amended 
     by striking ``2000'' and all that follows through ``this 
     section'' and inserting ``2009 International Energy 
     Conservation Code, as such Code (including supplements) is in 
     effect on the date of the enactment of the American Recovery 
     and Reinvestment Tax Act of 2009''.
       (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by striking ``, as measured using a lower heating 
     value''.
       (C)  Oil furnaces and hot water boilers.--
       (i) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, or oil furnace or hot 
     water boiler.--The term `qualified natural gas, propane, or 
     oil furnace or hot water boiler' means a natural gas, 
     propane, or oil furnace or hot water boiler which achieves an 
     annual fuel utilization efficiency rate of not less than 
     95.''.
       (ii) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) a qualified natural gas, propane, or oil furnace or 
     hot water boiler, or''.
       (D) Exterior windows, doors, and skylights.--
       (i) In general.--Subsection (c) of section 25C is amended 
     by striking paragraph (4).
       (ii) Application of energy star standards.--Paragraph (1) 
     of section 25C(c) is amended by inserting ``an exterior 
     window, a skylight, an exterior door,'' after ``in the case 
     of'' in the matter preceding subparagraph (A).
       (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is 
     amended by striking ``and meets the prescriptive criteria for 
     such material or system established by the 2009 International 
     Energy Conservation Code, as such Code (including 
     supplements) is in effect on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (3) Subsidized energy financing.--Subsection (e) of section 
     25C is amended by adding at the end the following new 
     paragraph:
       ``(3) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any property, there shall 
     not be taken into account expenditures which are made from 
     subsidized energy financing (as defined in section 
     48(a)(4)(C)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 610. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2010.

                   Subtitle B--Individual Tax Relief

     SEC. 621. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2009'' and inserting ``2009, 2010, 
     or 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 622. DEDUCTION OF STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 623. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 
                   FOR CONSERVATION PURPOSES.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Contributions by Certain Corporate Farmers and 
     Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 624. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 625. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2009.
       (2) Special rule.--For purposes of subsections (a)(6), 
     (b)(3), and (d)(8) of section 408 of the Internal Revenue 
     Code of 1986, at the election of the taxpayer (at such time 
     and in such manner as prescribed by the Secretary of the 
     Treasury) any qualified charitable distribution made after 
     December 31, 2010, and before February 1, 2011, shall be 
     deemed to have been made on December 31, 2010.

     SEC. 626. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY 
                   STOCK IN DETERMINING GROSS ESTATE OF 
                   NONRESIDENTS.

       (a) In General.--Paragraph (3) of section 2105(d) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after December 31, 
     2009.

     SEC. 627. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
                   PROVIDED MASS TRANSIT AND PARKING BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2010.

     SEC. 628. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       (a) In General.--Subchapter A of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for a period of 12 months 
     from receipt, for purposes of determining the eligibility of 
     such individual (or any other individual) for benefits or 
     assistance (or the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2012.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
              programs and federally assisted programs.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2009.

[[Page S9252]]

                    Subtitle C--Business Tax Relief

     SEC. 631. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 632. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 633. NEW MARKETS TAX CREDIT.

       (a) In General.--Paragraph (1) of section 45D(f) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E),
       (2) by striking the period at the end of subparagraph (F), 
     and
       (3) by adding at the end the following new subparagraph:
       ``(G) $3,500,000,000 for 2010 and 2011.''.
       (b) Conforming Amendment.--Paragraph (3) of section 45D(f) 
     is amended by striking ``2014'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2009.

     SEC. 634. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) In General.--Subsection (f) of section 45G is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2009.

     SEC. 635. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 636. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (f) of section 45P is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2009.

     SEC. 637. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED 
                   LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT 
                   BUILDINGS AND IMPROVEMENTS, AND QUALIFIED 
                   RETAIL IMPROVEMENTS.

       (a) In General.--Clauses (iv), (v), and (ix) of section 
     168(e)(3)(E) are each amended by striking ``January 1, 2010'' 
     and inserting ``January 1, 2012''.
       (b) Conforming Amendments.--
       (1) Clause (i) of section 168(e)(7)(A) is amended by 
     striking ``if such building is placed in service after 
     December 31, 2008, and before January 1, 2010,''.
       (2) Paragraph (8) of section 168(e) is amended by striking 
     subparagraph (E).
       (3) Section 179(f)(2) is amended--
       (A) by striking ``(without regard to the dates specified in 
     subparagraph (A)(i) thereof)'' in subparagraph (B), and
       (B) by striking ``(without regard to subparagraph (E) 
     thereof)'' in subparagraph (C).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 638. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 
                   ENTERTAINMENT COMPLEXES.

       (a) In General.--Subparagraph (D) of section 168(i)(15) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 639. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   AN INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 640. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 641. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORIES TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 642. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE 
                   CONTRIBUTIONS OF COMPUTER INVENTORY FOR 
                   EDUCATIONAL PURPOSES.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 643. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 644. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND 
                   TELEVISION PRODUCTIONS.

       (a) In General.--Subsection (f) of section 181 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to productions commencing after December 31, 
     2009.

     SEC. 645. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2009.

     SEC. 646. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subparagraph (C) of section 199(d)(8) is 
     amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years''; and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 647. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2009.

     SEC. 648. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) In General.--Paragraphs (1)(C) and (2)(C) of section 
     871(k) are each amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 649. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 
                   FIRPTA.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on January 1, 2010. Notwithstanding the preceding 
     sentence, such amendment shall not apply with respect to the 
     withholding requirement under section 1445 of the Internal 
     Revenue Code of 1986 for any payment made before the date of 
     the enactment of this Act.
       (2) Amounts withheld on or before date of enactment.--In 
     the case of a regulated investment company--
       (A) which makes a distribution after December 31, 2009, and 
     before the date of the enactment of this Act; and
       (B) which would (but for the second sentence of paragraph 
     (1)) have been required to withhold with respect to such 
     distribution under section 1445 of such Code,
     such investment company shall not be liable to any person to 
     whom such distribution was made for any amount so withheld 
     and paid over to the Secretary of the Treasury.

     SEC. 650. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

       (a) In General.--Sections 953(e)(10) and 954(h)(9) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Conforming Amendment.--Section 953(e)(10) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 651. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 
                   CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 
                   PERSONAL HOLDING COMPANY RULES.

       (a) In General.--Subparagraph (C) of section 954(c)(6) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 652. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Paragraph (2) of section 1367(a) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

[[Page S9253]]

     SEC. 653. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391 is amended--
       (1) by striking ``December 31, 2009'' in subsection 
     (d)(1)(A)(i) and inserting ``December 31, 2011''; and
       (2) by striking the last sentence of subsection (h)(2).
       (b) Increased Exclusion of Gain on Stock of Empowerment 
     Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is 
     amended--
       (1) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (2) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (c) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2009.

     SEC. 654. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) In General.--Subsection (f) of section 1400 is amended 
     by striking ``December 31, 2009'' each place it appears and 
     inserting ``December 31, 2011''.
       (b) Tax-Exempt DC Empowerment Zone Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.
       (c) Zero-Percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (2) Limitation on period of gains.--
       (A) In general.--Paragraph (2) of section 1400B(e) is 
     amended--
       (i) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (ii) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (B) Partnerships and s-corps.--Paragraph (2) of section 
     1400B(g) is amended by striking ``December 31, 2014'' and 
     inserting ``December 31, 2016''.
       (d) First-Time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2010'' and 
     inserting ``January 1, 2012''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Tax-exempt dc empowerment zone bonds.--The amendment 
     made by subsection (b) shall apply to bonds issued after 
     December 31, 2009.
       (3) Acquisition dates for zero-percent capital gains 
     rate.--The amendments made by subsection (c) shall apply to 
     property acquired or substantially improved after December 
     31, 2009.
       (4) Homebuyer credit.--The amendment made by subsection (d) 
     shall apply to homes purchased after December 31, 2009.

     SEC. 655. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM 
                   EXCISE TAXES TO PUERTO RICO AND THE VIRGIN 
                   ISLANDS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits brought into the United 
     States after December 31, 2009.

     SEC. 656. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

       (a) In General.--Subsection (d) of section 119 of division 
     A of the Tax Relief and Health Care Act of 2006 is amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years'', and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 657. WORK OPPORTUNITY CREDIT.

       (a) In General.--Subparagraph (B) of section 51(c)(4) is 
     amended by striking ``August 31, 2011'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 658. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Section 54E(c)(1) is amended--
       (1) by striking ``2008 and'' and inserting ``2008,'', and
       (2) by inserting ``and $400,000,000 for 2011'' after 
     ``2010,''.
       (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) 
     of section 6431(f) is amended by inserting ``determined 
     without regard to any allocation relating to the national 
     zone academy bond limitation for 2011 or any carryforward of 
     such allocation'' after ``54E)'' in subparagraph (A)(iii).
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2010.

     SEC. 659. MORTGAGE INSURANCE PREMIUMS.

       (a) In General.--Clause (iv) of section 163(h)(3)(E) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2010.

     SEC. 660. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
                   CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012'', and
       (2) by inserting ``and 2011'' after ``2010'' in the heading 
     thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after December 31, 2010.

            Subtitle D--Temporary Disaster Relief Provisions

                     PART I--NEW YORK LIBERTY ZONE

     SEC. 661. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Subparagraph (D) of section 1400L(d)(2) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2009.

                            PART II--GO ZONE

     SEC. 662. INCREASE IN REHABILITATION CREDIT.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 663. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO 
                   ZONES.

       Section 1400N(c)(5) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2012''.

     SEC. 664. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Paragraphs (2)(D) and (7)(C) of section 
     1400N(a) are each amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) 
     of the Heartland Disaster Tax Relief Act of 2008 are each 
     amended by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2012''.

     SEC. 665. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO 
                   ZONE.

       (a) In General.--Paragraph (6) of section 1400N(d) is 
     amended--
       (1) by striking ``December 31, 2010'' both places it 
     appears in subparagraph (B) and inserting ``December 31, 
     2011'', and
       (2) by striking ``January 1, 2010'' in the heading and the 
     text of subparagraph (D) and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

                         TITLE VII--RESCISSIONS

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

     SEC. 701. 15 PERCENT REDUCTION IN APPROPRIATIONS TO THE 
                   EXECUTIVE OFFICE OF THE PRESIDENT AND CONGRESS.

       (a) Rescissions.--
       (1) In general.--There is rescinded an amount equal to 15 
     percent of the budget authority provided for any 
     discretionary account in appropriations to the Legislative 
     Branch for fiscal year 2011.
       (2) Proportionate application.--Any rescission made by 
     paragraph (1) shall be applied proportionately--
       (A) to each discretionary account and each item of budget 
     authority described in such paragraph; and
       (B) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (3) Exception.--This subsection shall not apply to 
     appropriations under the heading ``CAPITOL POLICE''.
       (4) Administration of across-the-board reductions.--In the 
     administration of paragraph (1), with respect to the budget 
     authority provided under the heading ``SENATE'' in--
       (A) the percentage rescissions under paragraph (1) shall 
     apply to the total amount of all funds appropriated under 
     that heading; and
       (B) the rescissions may be applied without regard to 
     paragraph (2).
       (b) Appropriations to the Executive Office of the 
     President.--Notwithstanding any other provision of law, the 
     total amount of funds appropriated to the appropriations 
     account under the heading under the heading ``EXECUTIVE 
     OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
     PRESIDENT'' for each of fiscal years 2012 and 2013 may not 
     exceed the total amount of funds appropriated to that account 
     for fiscal year 2011 after application of the rescission 
     under subsection (a).
       (c) Appropriations to Congress.--Notwithstanding any other 
     provision of law, the total amount of funds appropriated 
     under the headings ``SENATE'' and ``HOUSE OF 
     REPRESENTATIVES'' for each of fiscal years 2012 and 2013 may 
     not exceed the total amount of funds appropriated under those 
     headings for fiscal year 2011 after application of the 
     rescission under subsection (a).

     SEC. 702. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF 
                   CONGRESS.

       Notwithstanding any other provision of law, no adjustment 
     shall be made under section 601(a) of the Legislative 
     Reorganization

[[Page S9254]]

     Act of 1946 (2 U.S.C. 31) (relating to cost of living 
     adjustments for Members of Congress) during fiscal years 
     2012, 2013, and 2014.

     SEC. 703. FREEZE ON COST OF FEDERAL EMPLOYEES (INCLUDING 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE) SALARIES.

       Notwithstanding any other provision of law, the total 
     amount of funds expended on salaries for civilian employees 
     of the Federal Government, including civilian employees of 
     the Department of Defense, for fiscal year 2011, fiscal year 
     2012, and fiscal year 2013 shall not exceed the total costs 
     for such salaries in fiscal year 2010: Provided, That the 
     amounts spent on salaries of members of the armed forces are 
     exempt from the provisions of this subsection: Provided 
     further, That nothing in this subsection prohibits an 
     employee from receiving an increase in salary or other 
     compensation so long as such an increase does not increase an 
     agency's net expenditures for employee salaries.

     SEC. 704. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

       (a) Definition.--In this section, the term ``agency'' means 
     an executive agency as defined under section 105 of title 5, 
     United States Code.
       (b) Determination of Number of Employees.--Not later than 
     60 days after the date of enactment of this Act, the Director 
     of the Office of Management and Budget shall determine the 
     number of full-time employees employed in each agency. The 
     head of each agency shall cooperate with the Director of the 
     Office of Management and Budget in making the determinations.
       (c) Reductions.--Notwithstanding any other provision of 
     law, the head of each agency shall take such actions as 
     necessary, including a reduction in force under sections 3502 
     and 3595 of title 5, United States Code, to reduce the number 
     of full-time employees employed in that agency as determined 
     under subsection (b) by 10 percent not later than October 1, 
     2020.
       (d) Replacement Hire Rate.--In implementing subsection (c), 
     the head of each agency may hire no more than 2 employees in 
     that agency for every 3 employees who leave employment in 
     that agency during any fiscal year.

     SEC. 705. LIMITATION ON GOVERNMENT PRINTING COSTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall coordinate with the heads of Federal departments and 
     independent agencies to--
        (a) determine which Government publications could be 
     available on Government websites and no longer printed and to 
     devise a strategy to reduce overall Government printing costs 
     over the 10-year period beginning with fiscal year 2011, 
     except that the Director shall ensure that essential printed 
     documents prepared for social security recipients, medicare 
     beneficiaries, and other populations in areas with limited 
     internet access or use continue to remain available;
       (b) establish government-wide Federal guidelines on 
     employee printing;
       (c) issue on the Office of Management and Budget's public 
     website the results of a cost-benefit analysis on 
     implementing a digital signature system and on establishing 
     employee printing identification systems, such as the use of 
     individual employee cards or codes, to monitor the amount of 
     printing done by Federal employees; except that the Director 
     of the Office of Management and Budget shall ensure that 
     Federal employee printing costs unrelated to national 
     defense, homeland security, border security, national 
     disasters, and other emergencies do not exceed $860,000,000 
     annually; and
       (d) issue guidelines requiring every department, agency, 
     commission or office to list at a prominent place near the 
     beginning of each publication distributed to the public and 
     issued or paid for by the Federal Government--
       (1) the name of the issuing agency, department, commission 
     or office;
       (2) the total number of copies of the document printed;
       (3) the collective cost of producing and printing all of 
     the copies of the document; and
       (4) the name of the firm publishing the document.

     SEC. 706. LIMITATION OF GOVERNMENT TRAVEL COSTS.

       (a) In General.--Within 60 days after the date of enactment 
     of this Act, the Director of the Office of Management and 
     Budget, in consultation with the heads of the Federal 
     departments and agencies, shall establish a definition of 
     ``nonessential travel'' and criteria to determine if travel-
     related expenses and requests by Federal employees meet the 
     definition of ``nonessential travel''. No travel expenses 
     paid for, in whole or in part, with Federal funds shall be 
     paid by the Federal Government unless a request is made prior 
     to the travel and the requested travel meets the criteria 
     established by this section. Any travel request that does not 
     meet the definition and criteria shall be disallowed, 
     including reimbursement for air flights, automobile rentals, 
     train tickets, lodging, per diem, and other travel-related 
     costs. The definition established by the Director of the 
     Office of Management and Budget may include exemptions in the 
     definition, including travel related to national defense, 
     homeland security, border security, national disasters, and 
     other emergencies. The Director of the Office of Management 
     and Budget shall ensure that all travel costs paid for in 
     part or whole by the Federal Government not related to 
     national defense, homeland security, border security, 
     national disasters, and other emergencies do not exceed 
     $5,000,000,000 annually.
       (b) Rescissions.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency''--
       (i) means an executive agency as defined under section 105 
     of title 5, United States Code; and
       (ii) does not include the Department of Defense; and
       (B) the term ``travel expense amount'' means, with respect 
     to each agency, an amount equal to 20 percent of all funds 
     expended by that agency on travel expenses during fiscal year 
     2010.
       (2) In general.--There is rescinded a travel expense amount 
     from appropriations made for fiscal year 2011 in each agency 
     appropriations account providing for travel expenses.
       (3) Freeze.--Notwithstanding any other provision of law, 
     the total amount of funds appropriated to the appropriations 
     account providing for travel expenses for each agency for 
     each of fiscal years 2012 and 2013 may not exceed the total 
     amount of funds appropriated to that account for fiscal year 
     2011 after application of the rescission under paragraph (2).

     SEC. 707. REDUCTION IN FEDERAL VEHICLE COSTS.

       Notwithstanding any other provision of law--
        (a) of the amounts made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet for fiscal year 2011 and remaining unobligated 
     as of the date of enactment of this Act, an amount equal to 
     20 percent of all such amounts is rescinded;
       (b) for fiscal year 2012 and each fiscal year thereafter--
       (1) the amount made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet shall not exceed an amount equal to 80 percent 
     of the amount made available for the acquisition of those 
     vehicles for fiscal year 2011 (before application of 
     subsection (a)); and
       (2) the number of new vehicles acquired by the General 
     Services Administration for the Federal fleet shall not 
     exceed a number equal to 50 percent of the vehicles so 
     acquired for fiscal year 2011; and
       (c) any amounts made available under Public Law 111-5 for 
     the acquisition of new vehicles for the Federal fleet shall 
     be disregarded by for purposes of determining the baseline.

     SEC. 708. SALE OF EXCESS FEDERAL PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Landholding agency.--The term `landholding agency' 
     means a landholding agency (as defined in section 501(i) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411(i))).
       ``(3) Real property.--
       ``(A) In general.--The term `real property' means--
       ``(i) a parcel of real property under the administrative 
     jurisdiction of the Federal Government that is--

       ``(I) excess;
       ``(II) surplus;
       ``(III) underperforming; or
       ``(IV) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director; and

       ``(ii) a building or other structure located on real 
     property described in clause (i).
       ``(B) Exclusion.--The term `real property' excludes any 
     parcel of real property, and any building or other structure 
     located on real property, that is to be closed or realigned 
     under the Defense Authorization Amendments and Base Closure 
     and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
     526).

     ``Sec. 622. Disposal program

       ``(a) In General.--Except as provided in subsection (e), 
     the Director shall, by sale or auction, dispose of a quantity 
     of real property with an aggregate value of not less than 
     $15,000,000,000 that, as determined by the Director, is not 
     being used, and will not be used, to meet the needs of the 
     Federal Government for the period of fiscal years 2010 
     through 2015.
       ``(b) Recommendations.--The head of each landholding agency 
     shall recommend to the Director real property for disposal 
     under subsection (a).
       ``(c) Selection of Properties.--After receiving 
     recommendations of candidate real property under subsection 
     (b), the Director--
       ``(1) with the concurrence of the head of each landholding 
     agency, may select the real property for disposal under 
     subsection (a); and
       ``(2) shall notify the recommending landholding agency head 
     of the selection of the real property.
       ``(d) Web Site.--The Director shall ensure that all real 
     properties selected for disposal under this section are 
     listed on a Web site that shall--
       ``(1) be updated routinely; and
       ``(2) include the functionality to allow any member of the 
     public, at the option of the member, to receive updates of 
     the list through electronic mail.
       ``(e) Transfer of Property.--The Director may transfer real 
     property selected for disposal under this section to the 
     Department

[[Page S9255]]

     of Housing and Urban Development if the Secretary of Housing 
     and Urban Development determines that the real property is 
     suitable for use in assisting the homeless.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

     SEC. 709. PROHIBITION ON USE OF FEDERAL FUNDS TO PAY 
                   UNEMPLOYMENT COMPENSATION TO MILLIONAIRES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds may be used to make payments of 
     unemployment compensation (including such compensation under 
     the Federal-State Extended Compensation Act of 1970 and the 
     emergency unemployment compensation program under title IV of 
     the of the Supplemental Appropriations Act, 2008) in a year 
     to an individual whose resources in the preceding year was 
     equal to or greater than $1,000,000. For purposes of the 
     preceding sentence, with respect to a year, an individual's 
     resources shall be determined in the same manner as a subsidy 
     eligible individual's resources are determined for the year 
     for purposes of the Medicare part D drug benefit under 
     section 1860D-14(a)(3)(E) of the Social Security Act (42 
     U.S.C. 1395w-114(a)(3)(E)).
       (b) Effective Date.--The prohibition under subsection (a) 
     shall apply to weeks of unemployment beginning on or after 
     January 1, 2011.

     SEC. 710. MANDATORY ELIMINATION OF DUPLICATIVE GOVERNMENT 
                   PROGRAMS.

       (a) Reducing Duplication.--The Director of the Office of 
     Management Budget and the Secretary of each Federal 
     Government agency (and the head of each independent agency) 
     shall work with the Chairman and ranking member of the 
     relevant congressional appropriations subcommittees and the 
     congressional authorizing committees and the Director of the 
     Office of Management Budget to consolidate programs with 
     duplicative goals, missions, and initiatives.
       (b) OMB Report.--Within 120 days after the date of 
     enactment of this section, the Director of the Office of 
     Management and Budget shall submit to Congress a list of 
     programs with duplicative goals, missions, and initiatives 
     with recommendations for consolidation or elimination.
       (c) Failure To Act.--If Congress takes no action to address 
     the recommendations submitted in subsection (b) within 60 
     days, Secretary of each Federal Government agency and the 
     head of each independent agency shall carry out the 
     recommendations as submitted to Congress.

     SEC. 711. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                   FEDERAL GOVERNMENT.

       (a) In General.--Chapter 73 of title 5, United States Code, 
     is amended by adding at the end the following:

  ``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                           FEDERAL GOVERNMENT

     ``Sec. 7381. Collection of unpaid taxes from employees of the 
       Federal Government

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `seriously delinquent tax debt' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       ``(B) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending; and
       ``(2) the term `Federal employee' means--
       ``(A) an employee, as defined by section 2105; and
       ``(B) an employee of the United States Congress, including 
     Members of the House of Representatives and Senators.
       ``(b) Collection of Unpaid Taxes.--The Internal Revenue 
     Service shall coordinate with the Department of Treasury and 
     the hiring agency of a Federal employee who has a seriously 
     delinquent tax debt to collect such taxes by withholding a 
     portion of the employee's salary over a period set by the 
     hiring agency to ensure prompt payment.''.
       (b) Clerical Amendment.--The analysis for chapter 73 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

  ``subchapter viii--collection of unpaid taxes from employees of the 
                           federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal 
              Government.''.

     SEC. 712. TEN PERCENT REDUCTION IN VOLUNTARY CONTRIBUTIONS TO 
                   THE UNITED NATIONS.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, voluntary contributions to the United Nations paid by 
     the United States shall not exceed an amount that is 10 
     percent less than the amount provided in fiscal year 2010.

     SEC. 713. LOW-PRIORITY CONSTRUCTION PROJECTS OF CORPS OF 
                   ENGINEERS.

       (a) Termination of Authority.--The authority to carry out 
     low-priority construction projects of the Corps of Engineers 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for low-priority 
     construction projects of the Corps of Engineers that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the projects referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects 
     described in paragraph (1), as determined by the Secretary of 
     the Army, in consultation with other appropriate Federal 
     agencies.

     SEC. 714. TEN PERCENT REDUCTION IN INTERNATIONAL DEVELOPMENT 
                   AND HUMANITARIAN ASSISTANCE FUNDING.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, international development and humanitarian assistance 
     expenditures of the United States shall not exceed an amount 
     that is 10 percent less than the amount provided in fiscal 
     year 2010.
        (a) Repeal.--Part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is 
     repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Safe and Drug-Free Schools and Communities 
     Program under part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act, are rescinded and no funds appropriated hereafter for 
     such activities shall be expended, except as determined 
     necessary or essential by such Secretary, in consultation 
     with the appropriate Federal agencies.

     SEC. 715. ELIMINATION OF THE SAFE AND DRUG-FREE SCHOOLS AND 
                   COMMUNITIES PROGRAM.

       (a) Repeal.--Part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is 
     repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Safe and Drug-Free Schools and Communities 
     Program under part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act, are rescinded and no funds appropriated hereafter for 
     such activities shall be expended, except as determined 
     necessary or essential by such Secretary, in consultation 
     with the appropriate Federal agencies.

     SEC. 716. RESCISSION OF AMOUNTS FOR ECONOMIC DEVELOPMENT 
                   ADMINISTRATION.

       Notwithstanding any other provision of law--
       (1) all amounts made available for programs, activities, 
     and grants of the Economic Development Administration that 
     remain unobligated as of the date of enactment of this Act 
     are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs, activities, and grants referred 
     to in paragraph (1) shall be expended, other than such 
     amounts as are necessary to cover costs incurred in 
     terminating such programs, activities, and grants, as 
     determined by the Secretary of Commerce, in consultation with 
     other appropriate Federal agencies.

     SEC. 717. DEPARTMENT OF JUSTICE WASTEFUL ACTIVITIES.

       Notwithstanding any other provision of law, 5 percent of 
     all unobligated balances held by the Attorney General as of 
     the date of enactment of this Act are rescinded to eliminate 
     wasteful activities of the Department of Justice.

     SEC. 718. RESCISSION OF AMOUNTS FOR HOLLINGS MANUFACTURING 
                   PARTNERSHIP PROGRAM AND BALDRIDGE PERFORMANCE 
                   EXCELLENCE PROGRAM.

       Notwithstanding any other provision of law--
       (1) all amounts made available for the Hollings 
     Manufacturing Partnership Program and the Baldridge 
     Performance Excellence Program that remain unobligated as of 
     the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under such programs, as determined by the 
     Secretary of Commerce, in consultation with other appropriate 
     Federal agencies.

     SEC. 719. FOSSIL FUEL APPLIED RESEARCH.

       (a) Termination of Authority.--The authority of the 
     Secretary of Energy to carry out fossil fuel applied research 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for fossil fuel applied 
     research described in subsection (a) that remain unobligated 
     as of the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for research referred to in paragraph (1) shall 
     be expended, other than such amounts as are necessary to 
     cover costs incurred in terminating ongoing

[[Page S9256]]

     research described in paragraph (1), as determined by the 
     Secretary of Energy, in consultation with other appropriate 
     Federal agencies.

     SEC. 720. CORPORATION FOR PUBLIC BROADCASTING.

       Notwithstanding any other provision of law, the portion of 
     all unobligated balances held by the Corporation for Public 
     Broadcasting that consists of Federal funds are rescinded and 
     no Federal funds appropriated hereafter for the Corporation 
     for Public Broadcasting shall be obligated or expended by 
     such Corporation.

     SEC. 721. FIFTEEN PERCENT REDUCTION IN FISCAL YEAR 2011 
                   FUNDING FOR THE DEPARTMENT OF DEFENSE FOR 
                   PROCUREMENT.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for procurement is the amount equal to the aggregate amount 
     otherwise authorized to be appropriated to the Department for 
     that fiscal year for procurement minus an amount equal to 15 
     percent of such aggregate amount.

     SEC. 722. TEN PERCENT REDUCTION IN FISCAL YEAR 2011 FUNDING 
                   FOR THE DEPARTMENT OF DEFENSE FOR RESEARCH, 
                   DEVELOPMENT, TEST, AND EVALUATION.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for research, development, test, and evaluation is the amount 
     equal to the aggregate amount otherwise authorized to be 
     appropriated to the Department for that fiscal year for 
     research, development, test, and evaluation minus an amount 
     equal to 10 percent of such aggregate amount.

     SEC. 723. REDUCTION IN DEPARTMENT OF DEFENSE SPENDING IN 
                   SUPPORT OF MILITARY INSTALLATIONS.

       The Secretary of Defense shall reduce the amount obligated 
     or expended in support of military installations through the 
     reduction or elimination of waste, fraud, and abuse 
     attributable to programs and activities related to such 
     support.

     SEC. 724. RESCISSION OF DIPLOMATIC AND CONSULAR PROGRAMS 
                   FUNDING.

       Ten percent of the funds appropriated or otherwise made 
     available to the Secretary of State for diplomatic and 
     consular programs and available for obligation as of the date 
     of the enactment of this Act is hereby rescinded.

     SEC. 725. ELIMINATION OF PROGRAM TO PAY INSTITUTIONS OF 
                   HIGHER EDUCATION FOR ADMINISTRATIVE EXPENSES 
                   RELATING TO STUDENT AID PROGRAM.

       (a) Repeal.--Section 489 of the Higher Education Act of 
     1965 (20 U.S.C. 1096) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for payments to institutions of higher education under 
     section 489 of the Higher Education Act of 1965 (20 U.S.C. 
     1096), as in effect on the day before the date of enactment 
     of this Act, are rescinded and no funds appropriated 
     hereafter for such payments shall be expended, except as 
     determined necessary or essential by such Secretary, in 
     consultation with the appropriate Federal agencies.

     SEC. 726. CONSOLIDATE ALL FEDERAL FIRE MANAGEMENT PROGRAMS 
                   AND REDUCING FUNDING BY 10 PERCENT.

       (a) Consolidation.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall consolidate all 
     fire management programs carried out under laws administered 
     by the Secretary.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) of amounts made available for programs consolidated 
     under subsection (a), the lesser of 10 percent of such 
     amounts, on the one hand, and the amount of such amounts that 
     remain unobligated as of the date of enactment of this Act, 
     on the other hand, are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating or reducing ongoing 
     projects and activities under such programs, as determined by 
     the Secretary of Homeland Security, in consultation with 
     other appropriate Federal agencies.

     SEC. 727. HIGH-ENERGY COST GRANT PROGRAM.

       (a) Repeal.--Section 19 of the Rural Electrification Act of 
     1936 (7 U.S.C. 918a) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the program carried out 
     under section 19 of the Rural Electrification Act of 1936 (7 
     U.S.C. 918a) (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating the program described 
     in paragraph (1), as determined by the Secretary of 
     Agriculture, in consultation with other appropriate Federal 
     agencies.

     SEC. 728. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAMS.

       (a) Termination of Authority.--The authority to carry out 
     the resource conservation and development program of the 
     Natural Resources Conservation Service of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the resource 
     conservation and development program of the Natural Resources 
     Conservation Service of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

     SEC. 729. REPEAL OF LEAP.

       (a) Repeal of LEAP.--Subpart 4 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Leveraging Educational Assistance Partnership Program 
     under subpart 4 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070c), as in effect on the day before 
     the date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 730. ELIMINATION OF THE B.J. STUPAK OLYMPIC SCHOLARSHIPS 
                   PROGRAM.

       (a) Repeal.--Section 1543 of the Higher Education 
     Amendments of 1992 (20 U.S.C. 1070 note) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the B.J. Stupak Olympic 
     Scholarships program under section 1543 of the Higher 
     Education Amendments of 1992 (20 U.S.C. 1070 note), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 731. REPEAL OF ROBERT C. BYRD HONORS SCHOLARSHIP 
                   PROGRAM.

       (a) Repeal of LEAP.--Subpart 6 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Robert C. Byrd Honors Scholarship Program under 
     subpart 6 of part A of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070c), as in effect on the day before the 
     date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 732. ELIMINATION OF THE HISTORIC WHALING AND TRADING 
                   PARTNERS PROGRAM.

       (a) Repeal.--Subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.) is repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Educational, Cultural, Apprenticeship, and 
     Exchange Programs for Alaska Natives, Native Hawaiians, and 
     Their Historical Whaling and Trading Partners in 
     Massachusetts under subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.), as in effect on the day before the date of 
     enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such activities shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 733. ELIMINATION OF THE UNDERGROUND RAILROAD EDUCATIONAL 
                   AND CULTURAL PROGRAM.

       (a) Repeal.--Section 841 of the Higher Education Amendments 
     of 1998 (20 U.S.C. 1153) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Underground Railroad 
     educational and cultural program under section 841 of the 
     Higher Education Amendments of 1998 (20 U.S.C. 1153), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 734. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.

       (a) In General.--Notwithstanding section 108(q) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5309(q)) or any other provision of law, the Secretary of 
     Housing and Urban Development may not make any competitive 
     economic development grants, as otherwise authorized by 
     section 108(q) of that Act, for Brownfields redevelopment 
     projects.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for grants described in 
     subsection (a) that remain unobligated as of the date of 
     enactment of this Act are rescinded; and

[[Page S9257]]

       (2) no amounts made available after the date of enactment 
     of this Act for grants described in subsection (a) shall be 
     expended, other than such amounts as are necessary to cover 
     costs incurred in terminating ongoing projects and activities 
     under those grants, as determined by the Secretary of Housing 
     and Urban Development, in consultation with other appropriate 
     Federal agencies.

     SEC. 735. ELECTION REFORM GRANTS.

       (a) Termination of Authority.--The authority to make 
     requirements payments to States under part 1 of subtitle D of 
     title II of the Help America Vote Act of 2002 (42 U.S.C. 
     15401 et seq.) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for such requirements 
     payments (as of the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for such requirements payments shall be expended, 
     other than such amounts as are necessary to cover costs 
     incurred in terminating ongoing projects and activities using 
     such requirements payments, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 736. ELECTION ASSISTANCE COMMISSION.

       (a) Termination of Authority.--The Election Assistance 
     Commission established under section 201 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15321) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Election Assistance 
     Commission (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Commission described in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities of the Commission, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 737. EMERGENCY OPERATIONS CENTER GRANT PROGRAM.

       (a) Termination.--Section 614 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5196c) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law, all unobligated balances held by the Secretary of 
     Homeland Security for the emergency operations center grant 
     program under section 614 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196c), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by the Secretary of Homeland Security, in 
     consultation with the appropriate Federal agencies.

     SEC. 738. ELIMINATION OF HEALTH CARE FACILITIES AND 
                   CONSTRUCTION PROGRAM.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     for health care facilities and construction are rescinded and 
     no funds appropriated hereafter for such activities shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 739. HIGH PRIORITY SURFACE TRANSPORTATION PROJECTS.

       (a) In General.--Section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1256) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for high priority projects 
     under section 1702 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59; 119 Stat. 1256) (before the amendment 
     made by subsection (a)) that remain unobligated as of the 
     date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for high priority projects described in paragraph 
     (1) shall be expended, other than such amounts as are 
     necessary to cover costs incurred in terminating ongoing 
     projects and activities under those projects, as determined 
     by the Secretary of Transportation, in consultation with 
     other appropriate Federal agencies.

     SEC. 740. SAVE AMERICA'S TREASURES PROGRAM; PRESERVE AMERICA 
                   PROGRAM.

       (a) Repeals.--Sections 7302 and 7303 of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 469n, 469o) are 
     repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Save America's 
     Treasures Program or Preserve America Program that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under those programs, as determined by the 
     Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 741. TARGETED WATER INFRASTRUCTURE GRANTS.

       (a) Termination of Authority.--The Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     are terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     (as in existence on the day before the date of enactment of 
     this Act) that remain unobligated as of the date of enactment 
     of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under those programs, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.

     SEC. 742. NATIONAL PARK SERVICE CHALLENGE COST SHARE PROGRAM.

       (a) Termination of Authority.--The authority to provide 
     Department of the Interior Challenge Cost Share Program 
     grants is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Department of the 
     Interior Challenge Cost Share Program (as in existence on the 
     day before the date of enactment of this Act) that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Department of the Interior Challenge Cost 
     Share Program shall be expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under the program, as determined by 
     the Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 743. TERMINATION OF THE CONSTELLATION PROGRAM OF THE 
                   NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

       (a) Termination Required.--The Administrator of the 
     National Aeronautics and Space Administration shall terminate 
     the Constellation Program of the National Aeronautics and 
     Space Administration.
       (b) Disposition of Unobligated Funds.--
       (1) Rescission.--Except as provided in paragraph (2), any 
     funds available for obligation by the National Aeronautics 
     and Space Administration as of the date of the enactment of 
     this Act for the Constellation Program are hereby rescinded.
       (2) Availability for wind-up of program.--Funds described 
     in paragraph (1) may be utilized by the National Aeronautics 
     and Space Administration solely for costs related to the 
     winding-up of the provision of the Constellation Program.

     SEC. 744. DELTA HEALTH INITIATIVE.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     to carry out the Delta Health Initiative are rescinded and no 
     funds appropriated hereafter for such Initiative shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 745. DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES 
                   GRANT PROGRAM.

       (a) Termination of Authority.--The authority to carry out 
     any health care services grant program of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for any health care services 
     grant program of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

     SEC. 746. ELIMINATION OF LOAN REPAYMENT FOR CIVIL LEGAL 
                   ASSISTANCE ATTORNEYS.

       (a) Repeal.--Section 428L of the Higher Education Act of 
     1965 (20 U.S.C. 1078-12) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Repayment for Civil Legal 
     Assistance Attorneys program under section 428L of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-12), as in effect on 
     the day before the date of enactment of this Act, are 
     rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

[[Page S9258]]

     SEC. 747. TARGETED AIR SHED GRANT PROGRAM.

       (a) Termination of Authority.--The Targeted Air Shed Grant 
     Program of the Environmental Protection Agency is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Air Shed 
     Grant Program of the Environmental Protection Agency (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under that program, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.

     SEC. 748. REQUIRING TRANSPARENCY AND ENSURING NO SPECIAL 
                   TREATMENT FOR THE AARP OR AMA.

       (a) Requirement.--Notwithstanding any other provision of 
     law, no Federal grants or contracts may be made available to 
     the AARP or the American Medical Association (commonly 
     referred to as the ``AMA'') for fiscal year 2011 or any 
     fiscal year thereafter unless awarded by a competitive 
     bidding process.
       (b) Disclosure Conditions.--Any physician trade and 
     lobbying organization partnering with the Federal Government 
     by participating in technical reviews, making health care 
     payment policy recommendations, representing physician 
     interests on advisory panels, or otherwise representing 
     physicians in matters being reviewed or examined by the 
     Department of Health and Human Services shall disclose the 
     following:
       (1) The number of dues paying physician-members the 
     organization currently represents.
       (2) The professional status of such members, whether said 
     physicians are currently practicing medicine, teaching, 
     retired, or a medical student in residency.
       (c) Membership Requirement.--No physician trade and 
     lobbying organization shall be eligible to participate in 
     activities listed in subsection (b) unless such organizations 
     have a membership composed of at least 50 percent of 
     currently-practicing physicians in the same calendar year. 
     The requirement of the preceding sentence shall apply to all 
     physician trade organizations, regardless of whether the 
     organization is a State, regional, or national organization, 
     and regardless of what specialty or practice areas said 
     organizations represent.
       (d) Requirement for Certain Medigap Sellers or Issuers.--
     Sellers or issuers of medicare supplemental policies under 
     section 1882 of the Social Security Act (42 U.S.C. 1395ss) 
     that constitute more than 20 percent of the market share of 
     the previous fiscal year shall be required to spend at least 
     80 percent of their premium dollars on medical claims to 
     ensure value for seniors.

    Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

     SEC. 760. FINDINGS.

       Congress makes the following findings:
       (1) The Medicare program loses an estimated $60,000,000,000 
     annually to wasted and fraudulent payments.
       (2) The Medicaid program also suffers from rampant fraud. 
     As the Office of the Inspector General of the Department of 
     Health and Human Services noted in 2009, in an analysis of 
     the only source of nationwide Medicaid claims and beneficiary 
     eligibility information, the Medicaid Statistical Information 
     System, the Federal Government does not have ``timely, 
     accurate, or comprehensive information for fraud, waste, and 
     abuse detection'' in the Medicaid program.
       (3) Absent comprehensive estimates, the Medicaid program's 
     improper payment rate may be the most objective measure of 
     taxpayer dollars lost to fraud. The national average improper 
     payment rate ranges between 8.7 percent and 10.5 percent, but 
     many States have much higher improper payment rates.
       (4) The new Federal health reform law substantially expands 
     the Medicaid program, significantly changes the Medicare 
     program, creates new mandates and regulations, and will send 
     hundreds of billions of dollars to insurance companies.
       (5) It is the duty of public officials and public servants 
     in Congress and the Administration to protect the American 
     public's taxpayer dollars. Congress and the Administration 
     must continue to aggressively combat waste, fraud, and abuse 
     in public health care programs.
       (6) The Inspector General of the Department of Health and 
     Human Services has stated that ``swift and effective 
     detection of and response to waste, fraud, and abuse remain 
     an essential program integrity strategy''. Furthermore, the 
     Inspector General noted that ``effective use of Medicare and 
     Medicaid data is critical to the success of the Government's 
     efforts to reduce waste, fraud, and abuse''.
       (7) The loss of taxpayer dollars due to waste and fraud 
     under the Medicare and Medicaid programs not only threatens 
     the financial viability of those programs, it erodes the 
     public trust. American taxpayers should not be expected to 
     tolerate rampant waste, fraud, and abuse in publicly funded 
     health care programs.
       (8) Congress supports the commitment of the Office of the 
     Inspector General of the Department of Health and Human 
     Services to ``enhancing existing data analysis and mining 
     capabilities and employing advanced techniques such as 
     predictive analytics and social network analysis, to counter 
     new and existing fraud schemes''.
       (9) Congress supports the use of predictive modeling and 
     other smart technologies that can transform the current ``pay 
     and chase'' payment cultures under the Medicare and Medicaid 
     programs and prevent taxpayer dollars from being lost to 
     waste, fraud, and abuse.

     SEC. 761. TRACKING EXCLUDED PROVIDERS ACROSS STATE LINES.

       (a) Greater Coordination.--In order to ensure that 
     providers of services and suppliers that have operated in one 
     State and are excluded from participation in the Medicare 
     program are unable to begin operation and participation in 
     other Federal health care programs in another State, the 
     Secretary shall provide for increased coordination between 
     the following:
       (1) The Administrator of the Centers for Medicare & 
     Medicaid Services.
       (2) Regional offices of the Centers for Medicare & Medicaid 
     Services.
       (3) Medicare administrative contractors, fiscal 
     intermediaries, and carriers.
       (4) State health agencies, State plans under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.), State plans 
     under title XXI of such Act (42 U.S.C. 1397aa et seq.), and 
     entities that contract with such agencies and plans, as 
     directed by the Secretary.
       (5) The Federation of State Medical Boards.
       (b) Improved Information Systems.--
       (1) In general.--The Secretary shall improve information 
     systems to allow greater integration between databases under 
     the Medicare program so that--
       (A) Medicare administrative contractors, fiscal 
     intermediaries, and carriers have immediate access to 
     information identifying providers and suppliers excluded from 
     participation in the Medicare program, the Medicaid program 
     under title XIX of the Social Security Act, the State 
     Children's Health Insurance Program under title XXI of such 
     Act, and other Federal health care programs; and
       (B) such information can be shared on a real-time basis, in 
     accordance with protocols established under subsection 
     (g)(2)--
       (i) across Federal health care programs and agencies, 
     including between the Department of Health and Human 
     Services, the Social Security Administration, the Department 
     of Veterans Affairs, the Department of Defense, the 
     Department of Justice, and the Office of Personnel 
     Management; and
       (ii) with State health agencies, State plans under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
     State child health plans under title XXI of such Act (42 
     U.S.C. 1397aa et seq.), and entities that contract with such 
     agencies and plans, as directed by the Secretary.
       (2) Sharing of information in addition to heat efforts.--
     The information shared under paragraph (1) shall be in 
     addition to, and shall not replace, activities of the Health 
     Care Fraud Prevention and Enforcement Action Team (HEAT) 
     established by the Attorney General and the Department of 
     Health and Human Services.
       (3) Appropriate coordination.--In implementing this 
     subsection, the Secretary shall provide for the maximum 
     appropriate coordination with the process established under 
     section 6401(b)(2) of the Patient Protection and Affordable 
     Care Act (Public Law 111-148).
       (c) ``One PI'' Database for Medicare, Medicaid, and CHIP.--
       (1) In general.--The Secretary shall--
       (A) continue to upload Medicare claims, provider, and 
     beneficiary data into the Integrated Data Repository under 
     section 1128J(a)(1) of the Social Security Act, as added by 
     section 6402(a) of the Patient Protection and Affordable Care 
     Act until such time as the Secretary determines that the 
     Integrated Data Repository is completed; and
       (B) fully implement the waste, fraud, and abuse detection 
     solution of the Centers for Medicare & Medicaid Services, 
     called the ``One PI project'' (in this subsection referred to 
     as the ``project'') by not later than January 1, 2013.
       (2) Access.--The Secretary, in consultation with Inspector 
     General of the Department of Health and Human Services, may 
     allow stakeholders who combat, or could assist in combating, 
     waste, fraud, and abuse under Federal health care programs to 
     have access to the One PI system established under the 
     project. Such stakeholders may include the Director of the 
     Federal Bureau of Investigation, the Comptroller General of 
     the United States, Medicare administrative contractors, 
     fiscal intermediaries, and carriers.
       (d) Federal and State Agency Access to National 
     Practitioner Data Bank.--For purposes of enhancing data 
     sharing in order to identify programmatic weaknesses and 
     improving the timeliness of analysis and actions to prevent 
     waste, fraud, and abuse, relevant Federal and State agencies, 
     including the Department of Health and Human Services, the 
     Department of Justice, State departments of health, State 
     Medicaid plans under title XIX of the Social Security Act, 
     State child health plans under title XXI of such Act, and 
     State medicaid fraud control units (as described in section 
     1903(q) of the Social Security Act (42 U.S.C. 1396b(q))), 
     shall have real-time access to the National

[[Page S9259]]

     Practitioner Data Bank, as directed by the Secretary. The 
     Secretary may, in consultation with the Inspector General of 
     the Department of Health and Human Services, give such real-
     time access to State attorneys general and State and local 
     law enforcement agencies.
       (e) Access to Claims and Payment Databases.--Section 
     1128J(a)(2) of the Social Security Act, as added by section 
     6402(a) of the Patient Protection and Affordable Care Act 
     (Public Law 111-148) is amended--
       (1) by striking ``databases.--For purposes'' and inserting 
     ``databases.--
       ``(A) Access for the conduct of law enforcement and 
     oversight activities.--For purposes'';
       (2) in subparagraph (A), as added by paragraph (1), by 
     inserting ``, including the Integrated Data Repository under 
     paragraph (1)'' before the period at the end; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Access to reduce waste, fraud, and abuse.--For 
     purposes of reducing waste, fraud, and abuse, and to the 
     extent consistent with applicable information, privacy, 
     security, and disclosure laws, including the regulations 
     promulgated under the Health Insurance Portability and 
     Accountability Act of 1996 and section 552a of title 5, 
     United States Code, and subject to any information systems 
     security requirements under such laws or otherwise required 
     by the Secretary, the Secretary, in consultation with the 
     Inspector General of the Department of Health and Human 
     Services, may allow State Medicaid fraud control units and 
     State and local law enforcement officials to have access to 
     claims and payment data of the Department of Health and Human 
     Services and its contractors related to titles XVIII, XIX, 
     and XXI, including the Integrated Data Repository under 
     paragraph (1).''.
       (f) Ensuring Data Is Uploaded to the IDR on a Daily 
     Basis.--Section 1128J(a)(1) of the Social Security Act, as 
     added by section 6402(a) of the Patient Protection and 
     Affordable Care Act (Public Law 111-148) is amended by adding 
     at the end the following new subparagraph:
       ``(C) Uploading of medicare claims data on a daily basis.--
     All Medicare claims data shall be uploaded into the 
     Integrated Data Repository on a daily basis.''.
       (g) Real-Time Access to Data.--
       (1) In general.--The Secretary shall ensure that any data 
     provided to an entity or individual under the provisions of 
     or amendments made by this section is provided to such entity 
     or individual on a real-time basis, in accordance with 
     protocols established by the Secretary under paragraph (2). 
     The Secretary shall consult with the Inspector General of the 
     Department of Health and Human Services prior to implementing 
     this subsection.
       (2) Protocols.--
       (A) In general.--The Secretary shall establish protocols to 
     ensure the secure transfer and storage of any data provided 
     to another entity or individual under the provisions of or 
     amendments made by this section.
       (B) Consideration of hhs oig recommendations.--In 
     establishing protocols under subparagraph (A), the Secretary 
     shall take into account recommendations submitted to the 
     Secretary by the Inspector General of the Department of 
     Health and Human Services with respect to the secure transfer 
     and storage of such data.
       (h) GAO Study and Report on Use of Federation of State 
     Medical Boards To Strengthen Enrollment Integrity 
     Processes.--
       (1) Study.--The Comptroller General of the United States 
     shall, in consultation with the Federation of State Medical 
     Boards, conduct a study on whether and, if so, to what 
     degree, such Federation may be useful to the Secretary in 
     further strengthening the integrity of processes for 
     enrolling providers of services and suppliers under Federal 
     health care programs.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report containing the 
     results of the study conducted under paragraph (1), together 
     with recommendations for such legislation and administrative 
     action as the Comptroller General determines appropriate.
       (i) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Centers for Medicare & Medicaid 
     Services.
       (2) CHIP.--The term ``CHIP'' means the State Children's 
     Health Insurance Program under title XXI of the Social 
     Security Act (42 U.S.C. 1397aa et seq.).
       (3) Federal health care program.--The term ``Federal health 
     care program'' has the meaning given such term in section 
     1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)).
       (4) HHS oig.--The term ``HHS OIG'' means the Inspector 
     General of the Department of Health and Human Services.
       (5) Medicare administrative contractors, fiscal 
     intermediaries, and carriers.--The term ``Medicare 
     administrative contractors, fiscal intermediaries, and 
     carriers'' includes zone program integrity contractors, 
     program safeguard or integrity contractors, recovery audit 
     contractors under section 1893(h) of the Social Security Act 
     (42 U.S.C. 1395ddd(h)), and special investigative units at 
     Medicare contractors (as defined in section 1889(g) of the 
     Social Security Act (42 U.S.C. 1395zz(g))).
       (6) Medicare program.--The term ``Medicare program'' means 
     the program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (7) Provider of services.--The term ``provider of 
     services'' has the meaning given such term in section 1861(u) 
     of the Social Security Act (42 U.S.C. 1395x(u)).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (9) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, and American Samoa.
       (10) Supplier.--The term ``supplier'' has the meaning given 
     such term in section 1861(d) of the Social Security Act (42 
     U.S.C. 1395x(d)).

     SEC. 762. ACCESS FOR PRIVATE SECTOR AND GOVERNMENTAL 
                   ENTITIES.

       (a) In General.--Title XI of the Social Security Act (42 
     U.S.C. 1301 et seq.), as amended by section 6402(a) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148), is amended by inserting after section 1128J the 
     following new section:


        ``expanded access to the national practitioner data bank

       ``Sec. 1128K.  (a) Expanded Access.--
       ``(1) In general.--The information in the National 
     Practitioner Data Bank established pursuant to the Health 
     Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et 
     seq.) may be available on a real-time basis, in accordance 
     with protocols established by the Secretary under subsection 
     (b), to--
       ``(A) Federal and State government agencies and health 
     plans, commercial health plans, and any health care provider, 
     supplier, or practitioner entering an employment or 
     contractual relationship with an individual or entity who has 
     been subject to a final adverse action in the past 10 years, 
     where the contract involves the furnishing of items or 
     services reimbursed by 1 or more Federal health care programs 
     (regardless of whether the individual or entity is paid by 
     the programs directly, or whether the items or services are 
     reimbursed directly or indirectly through the claims of a 
     direct provider); and
       ``(B) utilization and quality control peer review 
     organizations and accreditation entities as defined by the 
     Secretary, including but not limited to organizations 
     described in part B of this title and in section 
     1154(a)(4)(C).
       ``(2) No effect on access under other applicable law; 
     appropriate coordination.--Nothing in this section shall 
     affect the availability of information in the National 
     Practitioner Data Bank under other applicable law, including 
     the availability of such information to entities or 
     individuals under part B of the Health Care Quality 
     Improvement Act of 1986 (42 U.S.C. 11131 et seq.). In 
     implementing this section, the Secretary shall provide for 
     the maximum appropriate coordination with such part.
       ``(b) Protocols.--The Secretary shall establish protocols 
     to ensure the secure transfer and storage of data made 
     available under this section. In establishing such protocols 
     the Secretary shall take into account recommendations 
     submitted to the Secretary by the Inspector General of the 
     Department of Health and Human Services and the National 
     Association of Insurance Commissioners with respect to the 
     secure transfer and storage of such data, the establishment 
     or approval of a fee structure under subsection (c), and the 
     establishment of user access protocols.
       ``(c) Fees for Disclosure.--
       ``(1) In general.--
       ``(A) Fees.--Subject to paragraph (2), the Secretary may 
     establish or approve reasonable fees for the disclosure of 
     information under this section, including with respect to 
     requests by Federal agencies or other entities, such as 
     fiscal intermediaries and carriers, acting under contract on 
     behalf of such agencies.
       ``(B) Establishment or approval of fee amounts.--In 
     establishing or approving the amount of such fees, the 
     Secretary shall ensure that the total amount of the fees to 
     be collected is equal to the total costs of processing the 
     requests for disclosure and of providing such information. 
     Such fees shall be available to the Secretary to cover such 
     costs.
       ``(C) For-profit entities.--The Secretary may allow for-
     profit entities to receive data under this section for a fee 
     that is comparable to the fee charged to a Federal agency or 
     other entity under subparagraph (A) with respect to a similar 
     request.
       ``(2) Free access to certain data.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Fighting Fraud and Abuse to Save Taxpayers' 
     Dollars Act, for purposes of identifying additional 
     strategies and tools to combat waste, fraud, and abuse, the 
     Secretary--
       ``(i) establish protocols to ensure the secure transmission 
     of data under this section; and
       ``(ii) may ensure nonprofit academic, policy, and research 
     institutions have access to data from the National 
     Practitioner Data Bank.
       ``(B) Access free of charge.--Data shall be provided under 
     subparagraph (A)(ii) free of charge to academic, policy, and 
     research institutions.
       ``(C) Requirement.--Any academic, policy, or research 
     institution that is provided data under subparagraph (A)(ii) 
     shall, as a condition of receiving such data, be required to 
     share with the Secretary any findings using

[[Page S9260]]

     such data to combat waste, fraud, and abuse (in a form and 
     manner of the academic, policy, or research institution's 
     choosing).
       ``(d) Establishment of Appeals Process.--
       ``(1) In general.--The Secretary shall establish a 
     transparent and responsive appeals process under which a 
     provider of services or supplier may have their name removed 
     from the National Practitioner Data Bank. Under such process, 
     appeals shall be conducted in a timely manner (not more than 
     90 days after the earlier of the date of the listing in the 
     National Practitioner Data Bank or the issuance of any 
     penalty involved) in order to minimize the time that 
     providers of services or suppliers who successfully appeal 
     are excluded from participation under the programs under 
     titles XVIII and XIX.
       ``(2) Consultation.--The Secretary shall consult with major 
     colleges of medical practice in the United States, commercial 
     health plans, the Inspector General of the Department of 
     Health and Human Services, the National Association of 
     Insurance Commissioners, and the Federation of State Medical 
     Boards in establishing the appeals process under paragraph 
     (1).
       ``(e) Definitions.--In this section:
       ``(1) Commercial health plan.--The term `commercial health 
     plan' means health insurance coverage (as defined in section 
     2791 of the Public Health Service Act and including group 
     health plans).
       ``(2) Final adverse action.--The term `final adverse 
     action' means one or more of the following actions:
       ``(A) A Medicare-imposed revocation of any Medicare billing 
     privileges.
       ``(B) Suspension or revocation of a license to provide 
     health care by any State licensing authority.
       ``(C) A conviction of a Federal or State felony offense 
     within the last 10 years preceding enrollment, revalidation, 
     or re-enrollment.
       ``(D) An exclusion or debarment from participation in a 
     Federal or State health care program.''.
       (b) Criminal Penalty for Misuse of Information Disclosed.--
     Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-
     7b(b)) is amended by adding at the end the following:
       ``(4) Whoever knowingly uses information disclosed from the 
     National Practitioner Data Bank under section 1128K for a 
     purpose other than those authorized under that section shall 
     be imprisoned for not more than 3 years or fined under title 
     18, United States Code, or both.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

     SEC. 763. LIABILITY OF MEDICARE ADMINISTRATIVE CONTRACTORS 
                   FOR CLAIMS SUBMITTED BY EXCLUDED PROVIDERS.

       (a) Reimbursement to the Secretary for Amounts Paid to 
     Excluded Providers.--Section 1874A(b) of the Social Security 
     Act (42 U.S.C. 1395kk(b)) is amended by adding at the end the 
     following new paragraph:
       ``(6) Reimbursements to secretary for amounts paid to 
     excluded providers.--
       ``(A) Limitation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary shall not enter into a contract with a Medicare 
     administrative contractor under this section unless the 
     contractor agrees to reimburse the Secretary for any amounts 
     paid by the contractor for with respect to any item or 
     service (other than an emergency item or service, not 
     including items or services furnished in an emergency room of 
     a hospital) which is furnished--

       ``(I) by an individual or entity during the period when 
     such individual or entity is excluded pursuant to section 
     1128, 1128A, 1156 or 1842(j)(2) from participation in the 
     program under this title; or
       ``(II) at the medical direction or on the prescription of a 
     physician during the period when he is excluded pursuant to 
     section 1128, 1128A, 1156 or 1842(j)(2) from participation in 
     the program under this title and when the person furnishing 
     such item or service knew or had reason to know of the 
     exclusion (after a reasonable time period after reasonable 
     notice has been furnished to the person).

       ``(ii) Exception.--Where a Medicare administrative 
     contractor pays a claim for payment for items or services 
     furnished by an individual or entity excluded from 
     participation in the programs under this title, pursuant to 
     section 1128, 1128A, 1156, or l866, and such Medicare 
     administrative contractor did not know or have reason to know 
     that such individual or entity was so excluded, then, to the 
     extent permitted by this title, and notwithstanding such 
     exclusion, the contractor shall not be required to reimburse 
     the Secretary under clause (i) for any amounts paid with 
     respect to such items or services. In each such case the 
     Secretary shall notify the contractor of the exclusion of the 
     individual or entity furnishing the items or services. A 
     Medicare administrative contractor shall not make payment for 
     items or services furnished by an excluded individual or 
     entity to a beneficiary after a reasonable time (as 
     determined by the Secretary in regulations) after the 
     Secretary has notified the contractor of the exclusion of 
     that individual or entity.
       ``(B) Requirement to review claims.--A Medicare 
     administrative contractor shall review claims submitted to 
     the contractor for payment for services under this title in 
     order to ensure that such services were not furnished by an 
     individual or entity during any period for which the 
     individual or entity is excluded from such participation (as 
     described in subparagraph (A)).''.
       (b) Report on Effectiveness and Development of Scorecard 
     and Measurable Performance Metrics for Medicare 
     Contractors.--
       (1) Report.--
       (A) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to Congress a report on the overall 
     effectiveness and potential of Medicare contractors.
       (B) Contents of report.--The report submitted under 
     subparagraph (A) shall include the Secretary's 
     recommendations for the development of measurable performance 
     metrics and a scorecard for Medicare contractors (or, in the 
     case of Medicare administrative contractors, updated and 
     revised measurable performance metrics and a revised 
     scorecard), together with recommendations for such 
     legislation and administrative action as the Secretary 
     determines appropriate
       (2) Consultation.--The Secretary shall consult with 
     Medicare contractors, the Inspector General of the Department 
     of Health and Human Services, private sector waste, fraud, 
     and abuse experts, and entities with experience combating and 
     preventing waste, fraud, and abuse, including through the 
     review of Medicare claims, in preparing the report submitted 
     under paragraph (1).
       (3) Medicare contractors defined.--In this subsection, the 
     term ``Medicare contractor'' means any of the following:
       (A) A Medicare administrative contractor under section 
     1874A of the Social Security Act.
       (B) A Medicare Program Safeguard Contractor.
       (C) A Zone Program Integrity Contractor.
       (D) A Medicare Drug Integrity Contractor.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to claims for reimbursement submitted on or after 
     the date of enactment of this Act.
       (2) Contract modification.--The Secretary of Health and 
     Human Services shall take such steps as may be necessary to 
     modify contracts entered into, renewed, or extended prior to 
     the date of enactment of this Act to conform such contracts 
     to the provisions of and amendments made by this section.

     SEC. 764. LIMITING THE DISCHARGE OF DEBTS IN BANKRUPTCY 
                   PROCEEDINGS IN CASES WHERE A HEALTH CARE 
                   PROVIDER OR A SUPPLIER ENGAGES IN FRAUDULENT 
                   ACTIVITY.

       (a) In General.--
       (1) Civil monetary penalties.--Section 1128A(a) of the 
     Social Security Act (42 U.S.C. 1320a-7a(a)) is amended by 
     adding at the end the following: ``Notwithstanding any other 
     provision of law, amounts made payable under this section are 
     not dischargeable under section 727, 944, 1141, 1228, or 1328 
     of title 11, United States Code, or any other provision of 
     such title.''.
       (2) Recovery of overpayment to providers of services under 
     part a.--Section 1815(d) of the Social Security Act (42 
     U.S.C. 1395g(d)) is amended--
       (A) by inserting ``(1)'' after ``(d)''; and
       (B) by adding at the end the following:
       ``(2) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title if 
     the overpayment was the result of fraudulent activity, as may 
     be defined by the Secretary.''.
       (3) Recovery of overpayment of benefits under part b.--
     Section 1833(j) of the Social Security Act (42 U.S.C. 
     1395l(j)) is amended--
       (A) by inserting ``(1)'' after ``(j)''; and
       (B) by adding at the end the following:
       ``(2) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title if 
     the overpayment was the result of fraudulent activity, as may 
     be defined by the Secretary.''.
       (4) Collection of past-due obligations arising from breach 
     of scholarship and loan contract.--Section 1892(a) of the 
     Social Security Act (42 U.S.C. 1395ccc(a)) is amended by 
     adding at the end the following:
       ``(5) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to bankruptcy petitions filed after the date of 
     enactment of this Act.

     SEC. 765. PREVENTION OF WASTE, FRAUD, AND ABUSE IN THE 
                   MEDICAID AND CHIP PROGRAMS.

       (a) Detection of Fraudulent Identification Numbers Within 
     the Medicaid and CHIP Programs.--
       (1) Medicaid.--Section 1903(i) of the Social Security Act 
     (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148), is amended--
       (A) in paragraph (25), by striking ``or'' at the end;
       (B) in paragraph (26), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(27) with respect to amounts expended for an item or 
     service for which medical assistance is provided under the 
     State plan or

[[Page S9261]]

     under a waiver of such plan unless the claim for payment for 
     such item or service contains--
       ``(A) a valid beneficiary identification number that, for 
     purposes of the individual who received such item or service, 
     has been determined by the State agency to correspond to an 
     individual who is eligible to receive benefits under the 
     State plan or waiver; and
       ``(B) a valid National Provider Identifier that, for 
     purposes of the provider that furnished such item or service, 
     has been determined by the State agency to correspond to a 
     participating provider that is eligible to receive payment 
     for furnishing such item or service under the State plan or 
     waiver.''.
       (2) CHIP.--Section 2107(e)(1)(I) of the Social Security Act 
     (42 U.S.C. 1397gg(e)(1)(I)) is amended by striking ``and 
     (17)'' and inserting ``(17), and (27)''.
       (b) Screening Requirements for Managed Care Entities.--
       (1) In general.--Section 1902 of the Social Security Act 
     (42 U.S.C. 1396a) is amended--
       (A) by redesignating the second subsection (ii), as added 
     by section 6401(b)(1)(B) of the Patient Protection and 
     Affordable Care Act, as subsection (kk) of such section; and
       (B) in subsection (kk), as so redesignated--
       (i) by redesignating paragraph (8) as paragraph (9); and
       (ii) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) Managed care entities.--The State establishes 
     procedures to ensure that any managed care entity (as defined 
     in section 1932(a)(1)(B)) under contract with the State 
     complies with all applicable requirements under this 
     subsection.''.
       (2) Medicaid managed care organizations.--Section 
     1903(m)(2)(A) of the Social Security Act (42 U.S.C. 
     1396b(m)(2)(A)) is amended--
       (A) in clause (xii), by striking ``and'' at the end;
       (B) in clause (xiii), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new clause:
       ``(xiv) such contract requires that the entity comply with 
     any applicable screening, oversight, and reporting 
     requirements under section 1902(kk).''.
       (3) Managed care entities.--Section 1932(d) of the Social 
     Security Act (42 U.S.C. 1396u-2(d)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Compliance with screening, oversight, and reporting 
     requirements.--A managed care entity shall comply with any 
     applicable screening, oversight, and reporting requirements 
     under section 1902(kk).''.
       (c) Required Database Checks.--Clause (i) of section 
     1866(j)(2)(B) of the Social Security Act (42 U.S.C. 
     1395cc(j)(2)(B)) is amended to read as follows:
       ``(i) shall include--

       ``(I) a licensure check, which may include such checks 
     across States; and
       ``(II) for purposes of the Medicaid program under title 
     XIX--

       ``(aa) database checks (including such checks across 
     States), which shall include--
       ``(AA) the Medicaid Statistical Information System (as 
     described in section 1903(r)(1)(F)); and
       ``(BB) any relevant medical databases that are maintained 
     by the State agencies, as determined by the Secretary in 
     consultation with the directors of the State agencies; and
       ``(bb) coordination of excluded provider lists between the 
     Secretary and the State agency, including exchanges of data 
     regarding excluding providers between Federal and State 
     databases; and''.
       (d) Technical Corrections.--Section 1902 of the Social 
     Security Act (42 U.S.C. 1396a), as amended by subsection 
     (b)(1), is further amended--
       (1) in subsection (a)--
       (A) in paragraph (23), by striking ``subsection (ii)(4)'' 
     and inserting ``subsection (kk)(4)''; and
       (B) in paragraph (77), by striking ``subsection (ii)'' and 
     inserting ``subsection (kk)''; and
       (2) in subsection (kk), by striking ``section 1886'' each 
     place it appears and inserting ``section 1866''.

     SEC. 766. ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR 
                   CHIP BENEFICIARY IDENTIFICATION OR BILLING 
                   PRIVILEGES.

       Section 1128B(b) of the Social Security Act (42 U.S.C. 
     1320a-7b(b)), as amended by section 962(b), is amended by 
     adding at the end the following:
       ``(5) Whoever knowingly, intentionally, and with the intent 
     to defraud purchases, sells or distributes, or arranges for 
     the purchase, sale, or distribution of a Medicare, Medicaid, 
     or CHIP beneficiary identification number or billing 
     privileges under title XVIII, title XIX, or title XXI shall 
     be imprisoned for not more than 10 years or fined not more 
     than $500,000 ($1,000,000 in the case of a corporation), or 
     both.''.

     SEC. 767. PILOT PROGRAM FOR THE USE OF UNIVERSAL PRODUCT 
                   NUMBERS ON CLAIM FORMS FOR REIMBURSEMENT UNDER 
                   THE MEDICARE PROGRAM.

       (a) Establishment.--
       (1) In general.--Not later than January 1, 2013, the 
     Secretary shall establish a pilot program under which claims 
     for reimbursement under the Medicare program for UPN covered 
     items contain the universal product number of the UPN covered 
     item.
       (2) Duration.--The pilot program under this section shall 
     be conducted for a 2-year period.
       (3) Consideration of gao recommendations.--The Secretary 
     shall take into account the recommendations of the 
     Comptroller General of the United States in establishing the 
     pilot program under this section.
       (b) Development and Implementation of Procedures.--
       (1) Information included in upn.--The Secretary, in 
     consultation with manufacturers and entities with appropriate 
     expertise, shall determine the relevant descriptive 
     information appropriate for inclusion in a universal product 
     number for a UPN covered item under the pilot program.
       (2) Review of procedure.--The Secretary, in consultation 
     with interested parties (which shall, at a minimum, include 
     the Inspector General of the Department of Health and Human 
     Services and private sector and health industry experts), 
     shall use information obtained under the pilot program 
     through the use of universal product numbers on claims for 
     reimbursement under the Medicare program to periodically 
     review the UPN covered items billed under the Health Care 
     Financing Administration Common Procedure Coding System and 
     adjust such coding system to ensure that functionally 
     equivalent UPN covered items are billed and reimbursed under 
     the same codes.
       (c) GAO Reports to Congress on Effectiveness of 
     Implementation of Pilot Program.--
       (1) Initial report.--Not later than 6 months after the 
     implementation of the pilot program under this section, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the effectiveness of such 
     implementation.
       (2) Final report.--Not later than 18 months after the 
     completion of the pilot program under this section, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the effectiveness of the pilot program, 
     together with recommendations regarding the use of universal 
     product numbers and the use of data obtained from the use of 
     such numbers, and recommendations for such legislation and 
     administrative action as the Comptroller General determines 
     appropriate.
       (d) Use of Available Funding.--The Secretary shall use 
     amounts available in the Centers for Medicare & Medicaid 
     Services Program Management Account or in the Health Care 
     Fraud and Abuse Control Account under section 1817(k) of the 
     Social Security Act (42 U.S.C. 1395i(k)) to carry out the 
     pilot program under this section.
       (e) Definitions.--In this section:
       (1) Medicare program.--The term ``Medicare program'' means 
     the program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) Universal product number.--The term ``universal product 
     number'' means a number that is--
       (A) affixed by the manufacturer to each individual UPN 
     covered item that uniquely identifies the item at each 
     packaging level; and
       (B) based on commercially acceptable identification 
     standards such as, but not limited to, standards established 
     by the Uniform Code Council--International Article Numbering 
     System or the Health Industry Business Communication Council.
       (4) UPN covered item.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``UPN covered item'' means--
       (i) a covered item as that term is defined in section 
     1834(a)(13) of the Social Security Act (42 U.S.C. 
     1395m(a)(13));
       (ii) an item described in paragraph (8) or (9) of section 
     1861(s) of such Act (42 U.S.C. 1395x);
       (iii) an item described in paragraph (5) of such section 
     1861(s); and
       (iv) any other item for which payment is made under this 
     title that the Secretary determines to be appropriate.
       (B) Exclusion.--The term ``UPN covered item'' does not 
     include a customized item for which payment is made under 
     this title.

     SEC. 768. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT 
                   NUMBERS ON MEDICARE CARDS.

       (a) In General.--Section 205(c)(2)(C) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section 
     1414(a)(2) of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), is amended by adding at the end the 
     following new clause:
       ``(xi) The Secretary of Health and Human Services, in 
     consultation with the Commissioner of Social Security, shall 
     establish cost-effective procedures to ensure that a social 
     security account number (or any derivative thereof) is not 
     displayed, coded, or embedded on the Medicare card issued to 
     an individual who is entitled to benefits under part A of 
     title XVIII or enrolled under part B of title XVIII and that 
     any other identifier displayed on such card is easily 
     identifiable as not being the social security account number 
     (or a derivative thereof).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to Medicare cards issued on and after an 
     effective date specified by the Secretary of Health and Human 
     Services, but in no case shall such effective date be later 
     than the date that is 24 months after the date adequate 
     funding is provided pursuant to subsection (d)(2).
       (2) Reissuance.--Subject to subsection (d)(2), in the case 
     of individuals who have

[[Page S9262]]

     been issued such cards before such date, the Secretary of 
     Health and Human Services--
       (A) shall provide for the reissuance for such individuals 
     of such a card that complies with such amendment not later 
     than 3 years after the effective date specified under 
     paragraph (1); and
       (B) may permit such individuals to apply for the reissuance 
     of such a card that complies with such amendment before the 
     date of reissuance otherwise provided under subparagraph (A) 
     in such exceptional circumstances as the Secretary may 
     specify.
       (c) Outreach Program.--Subject to subsection (d)(2), the 
     Secretary of Health and Human Services, in consultation with 
     the Commissioner of Social Security, shall conduct an 
     outreach program to Medicare beneficiaries and providers 
     about the new Medicare card provided under this section.
       (d) Report to Congress and Limitations on Effective Date.--
       (1) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Administrator of the Centers for 
     Medicare & Medicaid Services and in consultation with the 
     Commissioner of Social Security, shall submit to Congress a 
     report that includes detailed options regarding the 
     implementation of this section, including line-item estimates 
     of and justifications for the costs associated with such 
     options and estimates of timeframes for each stage of 
     implementation. In recommending such options, the Secretary 
     shall take into consideration, among other factors, cost-
     effectiveness and beneficiary outreach and education.
       (2) Limitation; modification of deadlines.--With respect to 
     the amendment made by subsection (a), and the requirements of 
     subsections (b) and (c)--
       (A) such amendment and requirements shall not apply until 
     adequate funding is transferred pursuant to section 11(b) to 
     implement the provisions of this section, as determined by 
     Congress; and
       (B) any deadlines otherwise established under this section 
     for such amendment and requirements are contingent upon the 
     receipt of adequate funding (as determined in subparagraph 
     (A)) for such implementation.
     The previous sentence shall not affect the timely submission 
     of the report required under paragraph (1).

     SEC. 769. IMPLEMENTATION.

       (a) Empowering the HHS OIG and GAO.--Except as otherwise 
     provided, to the extent practicable, the Secretary of Health 
     and Human Services (in this section referred to as the 
     ``Secretary'') shall--
       (1) carry out the provisions of and amendments made by this 
     subtitle in consultation with the Inspector General of the 
     Department of Health and Human Services; and
       (2) take into consideration the findings and 
     recommendations of the Comptroller General of the United 
     States in carrying out such provisions and amendments.
       (b) Funding.--The Secretary shall provide for the transfer, 
     from the Health Care Fraud and Abuse Control Account under 
     section 1817(k) of the Social Security Act (42 U.S.C. 
     1395i(k)), to the Centers for Medicare & Medicaid Services 
     Program Management Account, of such sums, provided such sums 
     are fully offset, as the Secretary determines are for 
     necessary administrative expenses associated with carrying 
     out the provisions of and amendments made by this subtitle 
     (other than section 967). Amounts transferred under the 
     preceding sentence shall remain available until expended.
       (c) Savings.--Any reduction in outlays under the Medicare 
     program under title XVIII of the Social Security Act under 
     the provisions of, and amendments made by, this subtitle may 
     only be utilized to offset outlays under part A of title 
     XVIII of the Social Security Act.

                    TITLE VIII--BUDGETARY PROVISIONS

     SEC. 801. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on this conference 
     report or amendment between the Houses.

     SEC. 802. EMERGENCY DESIGNATIONS.

       (a) Statutory Paygo.--This Act is designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)) except to the extent that the budgetary 
     effects of this Act are determined to be subject to the 
     current policy adjustments under sections 4(c) and 7 of the 
     Statutory Pay-As-You-Go Act.
       (b) Senate.--In the Senate, this Act is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this Act is expressly 
     designated as an emergency for purposes of pay-as-you-go 
     principles except to the extent that any such provision is 
     subject to the current policy adjustments under section 4(c) 
     of the Statutory Pay-As-You-Go Act of 2010.

     SEC. 803. SPENDING CAPS.

       The Balanced Budget and Emergency Deficit Control Act of 
     1985 is amended by inserting after section 253 the following:

     ``SEC. 253A. ENFORCING SPENDING CAPS.

       ``(a) Enforcing Discretionary Spending Limits.--In this 
     section, the term `discretionary spending limit' means an 
     amount, as estimated by OMB, not to exceed--
       ``(1) for fiscal year 2012, an amount equal to 
     discretionary outlays for fiscal year 2011;
       ``(2) for fiscal year 2013, an amount equal to 
     discretionary outlays for fiscal year 2008, adjusted for 
     inflation; and
       ``(3) for each of the fiscal years 2014 through 2020, an 
     amount equal to the discretionary outlays for preceding 
     fiscal year increased by an amount equal to 50 percent of the 
     projected rate of inflation.
       ``(b) Discretionary Spending Limit.--The Office of 
     Management and Budget shall estimate the discretionary 
     spending limit for the target fiscal year at the outset of 
     the previous fiscal year, on April 30, on August 20, and 15 
     days after the conclusion of the fiscal year. CBO shall 
     provide advisory reports calculating the discretionary 
     spending limit at identical times.
       ``(c) Sequestration.--
       ``(1) In general.--
       ``(A) Excess spending.--Not later than 45 calendar days 
     after the beginning of a fiscal year, OMB shall conduct a 
     sequestration to eliminate any excess discretionary spending.
       ``(B) Definition.--For purposes of this subsection, the 
     term `excess discretionary spending' means the amount by 
     which total Federal discretionary spending for a fiscal year 
     exceeds the discretionary spending limit as adjusted pursuant 
     to paragraph (2).
       ``(2) Preview report.--CBO shall submit an advisory 
     sequestration preview report as described in section 
     254(c)(4) on August 10 of each year. OMB shall produce an 
     sequestration preview report on August 20 as described in 
     section 254(c)(4). Fifteen days after the fiscal year begins, 
     OMB shall issue an updated sequestration report as described 
     in section 254(e). Thirty days later, the OMB should issue 
     its final sequestration report as described in section 
     254(f)(3). It shall be accompanied by a Presidential order 
     detailing the uniform spending reductions. The reductions 
     should generally follow the process set forth in section 253 
     and 254, except as provided in this section.
       ``(3) Congressional action.--If the August 20 OMB report 
     projects a sequestration, the Senate and House Budget 
     Committees may report a resolution directing their committees 
     to change the existing law to achieve the goals outlined in 
     the August 20 report. If the Committees report their 
     respective resolutions, a reconciliation process shall be 
     triggered in accordance with section 258C.
       ``(4) Reducing nonexempt budgetary resources by a uniform 
     percentage.--OMB shall calculate the uniform percentage by 
     which the budgetary resources of nonexempt direct and 
     discretionary spending programs are to be sequestered such 
     that the outlay savings resulting from that sequestration, as 
     calculated under this subsection, to eliminate excess 
     outlays.
       ``(d) No Exempt Programs.--Section 255 shall not apply to 
     this section, except that payments for net interest (budget 
     function 900) shall be exempt.
       ``(e) Look Back.--If, after June 30, a bill resulting in 
     outlays for the fiscal year in progress is enacted that 
     causes excess outlays, the excess outlays for the next fiscal 
     year shall be increased by the amount or amounts of that 
     breach.''.
                                 ______
                                 
  SA 4807. Mr. McCain submitted an amendment intended to be proposed by 
him to the bill H.R. 3082, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON FUNDING EARMARKS.

       (a) In General.--Notwithstanding any other provision of 
     this Act, none of the funds provided in this Act may be 
     expended to fund an earmark. Any account in this Act from 
     which an earmark is made shall be reduced by an amount equal 
     to any such earmark.
       (b) Earmark Defined.--The term ``earmark'' means a 
     congressionally directed spending item, limited tax benefit, 
     or limited tariff benefit as defined in paragraph 5 of rule 
     XLIV of the Standing Rules of the Senate, as added by section 
     521 of the Honest Leadership and Open Government Act of 2007 
     (Public Law 110-81).
                                 ______
                                 
  SA 4808. Mr. CORKER (for himself, Mrs. McCaskill, Mr. Alexander, Mr. 
Burr, Mr. Chambliss, Mr. Cornyn, Mr. Isakson, Mr. LeMieux, and Mr. 
McCain) submitted an amendment intended to be proposed to amendment SA 
4753 proposed by Mr. Reid (for himself and Mr. McConnell) to the bill 
H.R. 4853, to amend the Internal Revenue Code of 1986 to extend the 
funding and expenditure authority of the Airport and Airway Trust Fund, 
to amend title 49, United States Code, to extend authorizations for the 
airport improvement program, and for other purposes;

[[Page S9263]]

which was ordered to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:

                       TITLE __--CAP ACT OF 2010

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Commitment to American 
     Prosperity Act of 2010'' or the ``CAP Act of 2010''.

     SEC. _02. FINDINGS.

       Congress finds the following:
       (1) This Act is authorized by the United States 
     Constitution under clause 1 of section 8 of article I, 
     relating to the power of the Congress to tax and spend.
       (2) Total Federal outlays have averaged 20.4 percent of 
     gross domestic product over the past 50 years.
       (3) Total Federal outlays in fiscal year 2010 were 23.8 
     percent of gross domestic product.
       (4) Total Federal outlays in fiscal year 2020 will be 25.9 
     percent of gross domestic product.
       (5) It is appropriate and necessary to put total federal 
     outlays under a limitation, as a percent of gross domestic 
     product, such that a downward glide path ultimately brings 
     spending in line with historical norms.

     SEC. _03. OUTLAYS EXCEEDING THE GDP OUTLAY LIMIT.

       (a) Definitions.--Section 250(c)(4) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 is amended by 
     striking paragraph (4), redesignating the succeeding 
     paragraphs accordingly, and adding the following paragraphs:
       ``(19) The term `GDP', for any fiscal year, means the gross 
     domestic product during such fiscal year consistent with 
     Department of Commerce definitions.
       ``(20)(A) The term `emergency requirement' means any 
     provision that provides new budget authority and resulting 
     outlays for a situation that poses a threat to life, 
     property, or national security and is--
       ``(i) sudden, quickly coming into being, and not building 
     up over time;
       ``(ii) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(iii) unforeseen, unpredictable, and unanticipated; and
       ``(iv) not permanent, temporary in nature.
       ``(B) An emergency that is part of an aggregate level of 
     anticipated emergencies, particularly when normally estimated 
     in advance, is not unforeseen.
       ``(21) The term `target fiscal year' means the fiscal year 
     in which a GDP outlay limit is in effect under section 
     253A.''.
       (b) Caps.--The Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by inserting after section 253 
     the following:

     ``SEC. 253A. ENFORCING GDP OUTLAY LIMITS.

       ``(a) Enforcing GDP Outlay Limits.--In this section, the 
     term `GDP outlay limit' means an amount, as estimated by OMB, 
     equal to--
       ``(1) the average GDP for the first 3 of the 4 fiscal years 
     preceding the target fiscal year (fiscal year 2009, fiscal 
     year 2010 and fiscal year 2011 for target year fiscal year 
     2013, and so on); multiplied by
       ``(2)(A) 25 percent for fiscal year 2013; and
       ``(B) for fiscal years 2014 through 2022, 25 percent minus 
     0.168 percent accumulating for each fiscal year (25 percent 
     minus .168 percent in fiscal year 2014, 25 percent minus .336 
     percent in fiscal year 2015, and so on).
       ``(b) GDP Outlay Limit and Outlays.--
       ``(1) Determining the gdp outlay limit.--The Office of 
     Management and Budget shall estimate the GDP outlay limit for 
     the target fiscal year at the outset of the previous fiscal 
     year, on April 30, on August 20, and 15 days after the 
     conclusion of the fiscal year. CBO shall provide advisory 
     reports calculating the GDP outlay limit at identical times.
       ``(2) Total federal outlays.--In this section, total 
     Federal outlays shall--
       ``(A) include all on-budget and off-budget outlays; and
       ``(B) exclude surplus-funded redemptions of the public 
     debt.
       ``(c) Sequestration.--
       ``(1) In general.--
       ``(A) Excess spending.--Not later than 45 calendar days 
     after the beginning of a fiscal year, OMB shall conduct a 
     sequestration to eliminate the excess outlay amount.
       ``(B) Definition.--For purposes of this subsection, the 
     term `excess outlay amount' means the amount by which total 
     Federal outlays for a fiscal year exceed the GDP outlay limit 
     as adjusted pursuant to paragraph (2).
       ``(2) Preview report.--CBO shall submit an advisory 
     sequestration preview report as described in section 
     254(c)(4) on August 10 of each year. OMB shall produce an 
     sequestration preview report on August 20 as described in 
     section 254(c)(4). Fifteen days after the fiscal year begins, 
     OMB shall issue an updated sequestration report as described 
     in section 254(e). Thirty days later, the OMB should issue 
     its final sequestration report as described in section 
     254(f)(3). It shall be accompanied by a Presidential order 
     detailing the uniform spending reductions. The reductions 
     should generally follow the process set forth in section 253 
     and 254, except as provided in this section.
       ``(3) Congressional action.--If the August 20 OMB report 
     projects a sequestration, the Senate and House Budget 
     Committees may report a resolution directing their committees 
     to change the existing law to achieve the goals outlined in 
     the August 20 report. If the Committees report their 
     respective resolutions, a reconciliation process shall be 
     triggered in accordance with section 258C.
       ``(4) Reducing nonexempt budgetary resources by a uniform 
     percentage.--OMB shall calculate the uniform percentage by 
     which the budgetary resources of nonexempt direct and 
     discretionary spending programs are to be sequestered such 
     that the outlay savings resulting from that sequestration, as 
     calculated under this subsection, to eliminate excess 
     outlays.
       ``(d) Exceptions.--Total Federal outlays may exceed the GDP 
     outlay limit if during the fiscal year the excess amount is 
     being paid to reduce the public debt or the public debt is 
     zero.
       ``(e) No Exempt Programs.--Section 255 shall not apply to 
     this section, except that payments for net interest (budget 
     function 900) shall be exempt.
       ``(f) Look Back.--If, after June 30, a bill resulting in 
     outlays for the fiscal year in progress is enacted that 
     causes excess outlays, the excess outlays for the next fiscal 
     year shall be increased by the amount or amounts of that 
     breach.''.
       (c) Effective Date.--This section shall apply beginning in 
     fiscal year 2013 and beyond.

     SEC. _05. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL 
                   BUDGET ACT OF 1974.

       (a) Enforcement.--Title III of the Congressional Budget Act 
     of 1974 is amended by adding after section 315 the following:

     ``SEC. 316. ENFORCEMENT PROCEDURES.

       ``(a) GDP Outlay Limits.--It shall not be in order in the 
     House of Representatives or the Senate to consider any bill, 
     joint resolution, amendment, or conference report that 
     includes any provision that would cause the most recently 
     reported, current GDP outlay limits set forth in section 253A 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 to be exceeded.
       ``(b) Waiver or Suspension.--
       ``(1) In the senate.--The provisions of this section may be 
     waived or suspended in the Senate only by the affirmative 
     vote of two-thirds of the Members, duly chosen and sworn.
       ``(2) In the house.--The provisions of this section may be 
     waived or suspended in the House of Representatives only by a 
     rule or order proposing only to waive such provisions by an 
     affirmative vote of two-thirds of the Members, duly chosen 
     and sworn.
       ``(c) Point of Order Protection.--In the House, it shall 
     not be in order to consider a rule or order that waives the 
     application of paragraph (2) of subsection (b).
       ``(d) Motion to Suspend.--It shall not be in order for the 
     Speaker to entertain a motion to suspend the application of 
     this section under clause 1 of rule XV.''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Congressional Budget and Impoundment Control Act 
     of 1974 is amended by inserting after the item relating to 
     section 315 the following:

``Sec. 316. Enforcement procedures.''.
                                 ______
                                 
  SA 4809. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax 
              exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for 
              nonrefundable personal credits.

                TITLE III--RESPONSIBLE ESTATE TAX REFORM

Sec. 301. Short title.
Sec. 302. Reinstatement of estate tax; repeal of carryover basis.
Sec. 303. Modifications to estate, gift, and generation-skipping 
              transfer taxes.
Sec. 304. Application of EGTRRA sunset to this title.

[[Page S9264]]

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Extension of bonus depreciation; temporary 100 percent 
              expensing for certain business assets.
Sec. 402. Temporary extension of increased small business expensing.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended 
              benefit program.
Sec. 503. Technical amendment relating to collection of unemployment 
              compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping 
              and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

             TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

Sec. 601. Making work pay credit.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

Sec. 701. Incentives for biodiesel and renewable diesel.
Sec. 702. Credit for refined coal facilities.
Sec. 703. New energy efficient home credit.
Sec. 704. Excise tax credits and outlay payments for alternative fuel 
              and alternative fuel mixtures.
Sec. 705. Special rule for sales or dispositions to implement FERC or 
              State electric restructuring policy for qualified 
              electric utilities.
Sec. 706. Suspension of limitation on percentage depletion for oil and 
              gas from marginal wells.
Sec. 707. Extension of grants for specified energy property in lieu of 
              tax credits.
Sec. 708. Extension of provisions related to alcohol used as fuel.
Sec. 709. Energy efficient appliance credit.
Sec. 710. Credit for nonbusiness energy property.
Sec. 711. Alternative fuel vehicle refueling property.

                   Subtitle B--Individual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for 
              conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related 
              expenses.
Sec. 725. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 726. Look-thru of certain regulated investment company stock in 
              determining gross estate of nonresidents.
Sec. 727. Parity for exclusion from income for employer-provided mass 
              transit and parking benefits.
Sec. 728. Refunds disregarded in the administration of Federal programs 
              and federally assisted programs.

                    Subtitle C--Business Tax Relief

Sec. 731. Research credit.
Sec. 732. Indian employment tax credit.
Sec. 733. New markets tax credit.
Sec. 734. Railroad track maintenance credit.
Sec. 735. Mine rescue team training credit.
Sec. 736. Employer wage credit for employees who are active duty 
              members of the uniformed services.
Sec. 737. 15-year straight-line cost recovery for qualified leasehold 
              improvements, qualified restaurant buildings and 
              improvements, and qualified retail improvements.
Sec. 738. 7-year recovery period for motorsports entertainment 
              complexes.
Sec. 739. Accelerated depreciation for business property on an Indian 
              reservation.
Sec. 740. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 741. Enhanced charitable deduction for contributions of book 
              inventories to public schools.
Sec. 742. Enhanced charitable deduction for corporate contributions of 
              computer inventory for educational purposes.
Sec. 743. Election to expense mine safety equipment.
Sec. 744. Special expensing rules for certain film and television 
              productions.
Sec. 745. Expensing of environmental remediation costs.
Sec. 746. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 747. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 748. Treatment of certain dividends of regulated investment 
              companies.
Sec. 749. RIC qualified investment entity treatment under FIRPTA.
Sec. 750. Exceptions for active financing income.
Sec. 751. Look-thru treatment of payments between related controlled 
              foreign corporations under foreign personal holding 
              company rules.
Sec. 752. Basis adjustment to stock of S corps making charitable 
              contributions of property.
Sec. 753. Empowerment zone tax incentives.
Sec. 754. Tax incentives for investment in the District of Columbia.
Sec. 755. Temporary increase in limit on cover over of rum excise taxes 
              to Puerto Rico and the Virgin Islands.
Sec. 756. American Samoa economic development credit.
Sec. 757. Work opportunity credit.
Sec. 758. Qualified zone academy bonds.
Sec. 759. Mortgage insurance premiums.
Sec. 760. Temporary exclusion of 100 percent of gain on certain small 
              business stock.

            Subtitle D--Temporary Disaster Relief Provisions

                    subpart a--new york liberty zone

Sec. 761. Tax-exempt bond financing.

                           subpart b--go zone

Sec. 762. Increase in rehabilitation credit.
Sec. 763. Low-income housing credit rules for buildings in GO zones.
Sec. 764. Tax-exempt bond financing.
Sec. 765. Bonus depreciation deduction applicable to the GO Zone.

                   TITLE VIII--SENIOR CITIZENS RELIEF

Sec. 801. Short title.
Sec. 802. Extension and modification of certain economic recovery 
              payments.

         TITLE IX--INFRASTRUCTURE, ENERGY, AND WATER PROVISIONS

                 Subtitle A--TIGER Discretionary Grants

Sec. 901. TIGER discretionary grants.

                Subtitle B--National Infrastructure Bank

Sec. 911. Findings.
Sec. 912. Definitions.
Sec. 913. Establishment of national infrastructure development bank.
Sec. 914. Board of directors.
Sec. 915. Executive committee.
Sec. 916. Risk management committee.
Sec. 917. Audit Committee.
Sec. 918. Personnel.
Sec. 919. Eligibility criteria for assistance from Bank.
Sec. 920. Exemption from local taxation.
Sec. 921. Status and applicability of certain Federal laws; full faith 
              and credit.
Sec. 922. Compliance with Davis-Bacon Act.
Sec. 923. Applicability of certain State laws.
Sec. 924. Audits; reports to President and Congress.
Sec. 925. Capitalization of bank.
Sec. 926. Sunset.

                 Subtitle C--Energy and Water Programs

Sec. 931. Energy Efficiency and Conservation Block Grant Program.
Sec. 932. State water pollution control revolving funds.
Sec. 933. State drinking water revolving loan funds.
Sec. 934. State energy conservation plans.
Sec. 935. Temporary program for rapid deployment of renewable energy 
              and electric power transmission projects.
Sec. 936. Extension of qualifying advanced energy project credit.
Sec. 937. Land and Water Conservation Fund.
Sec. 938. Flood control projects.

                      Subtitle D--Housing Programs

Sec. 941. National Housing Trust Fund.
Sec. 942. Green retrofit program.

                     TITLE X--BUDGETARY PROVISIONS

Sec. 1001. Determination of budgetary effects.
Sec. 1002. Emergency designations.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

     SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Application to Taxpayers With Income of $250,000 or 
     More.--
       (1) Income tax rates.--
       (A) 25- and 28- percent rate brackets made permanent.--
     Paragraph (2) of section 1(i) is amended to read as follows:
       ``(2) 25- and 28- percent rate brackets.--The tables under 
     subsections (a), (b), (c), (d), and (e) shall be applied--
       ``(A) by substituting `25%' for `28%' each place it appears 
     (before the application of subparagraph (B)), and
       ``(B) by substituting `28%' for `31%' each place it 
     appears.''.
       (B) 33-percent rate bracket.--Subsection (i) of section 1 
     is amended by redesignating paragraph (3) as paragraph (4) 
     and by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) 33-percent rate bracket.--

[[Page S9265]]

       ``(A) In general.--In the case of taxable years beginning 
     after December 31, 2010--
       ``(i) the rate of tax under subsections (a), (b), (c), and 
     (d) on a taxpayer's taxable income in the fourth rate bracket 
     shall be 33 percent to the extent such income does not exceed 
     an amount equal to the excess of--

       ``(I) the applicable amount, over
       ``(II) the dollar amount at which such bracket begins, and

       ``(ii) the 36 percent rate of tax under such subsections 
     shall apply only to the taxpayer's taxable income in such 
     bracket in excess of the amount to which clause (i) applies.
       ``(B) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means the excess of--
       ``(i) the applicable threshold, over
       ``(ii) the sum of the following amounts in effect for the 
     taxable year:

       ``(I) the basic standard deduction (within the meaning of 
     section 63(c)(2)), and
       ``(II) the exemption amount (within the meaning of section 
     151(d)(1) (or, in the case of subsection (a), 2 such 
     exemption amounts).

       ``(C) Applicable threshold.--For purposes of this 
     paragraph, the term `applicable threshold' means--
       ``(i) $250,000 in the case of subsection (a),
       ``(ii) $200,000 in the case of subsections (b) and (c), and
       ``(iii) \1/2\ the amount applicable under clause (i) (after 
     adjustment, if any, under subparagraph (E)) in the case of 
     subsection (d).
       ``(D) Fourth rate bracket.--For purposes of this paragraph, 
     the term `fourth rate bracket' means the bracket which would 
     (determined without regard to this paragraph) be the 36-
     percent rate bracket.
       ``(E) Inflation adjustment.--For purposes of this 
     paragraph, a rule similar to the rule of paragraph (1)(C) 
     shall apply with respect to taxable years beginning in 
     calendar years after 2010, applied by substituting `2008' for 
     `1992' in subsection (f)(3)(B).''.
       (2) Phaseout of personal exemptions and itemized 
     deductions.--
       (A) Overall limitation on itemized deductions.--Section 68 
     is amended--
       (i) by striking ``the applicable amount'' the first place 
     it appears in subsection (a) and inserting ``the applicable 
     threshold in effect under section 1(i)(3)'',
       (ii) by striking ``the applicable amount'' in subsection 
     (a)(1) and inserting ``such applicable threshold'',
       (iii) by striking subsection (b) and redesignating 
     subsections (c), (d), and (e) as subsections (b), (c), and 
     (d), respectively, and
       (iv) by striking subsections (f) and (g).
       (B) Phaseout of deductions for personal exemptions.--
       (i) In general.--Paragraph (3) of section 151(d) is 
     amended--

       (I) by striking ``the threshold amount'' in subparagraphs 
     (A) and (B) and inserting ``the applicable threshold in 
     effect under section 1(i)(3)'',
       (II) by striking subparagraph (C) and redesignating 
     subparagraph (D) as subparagraph (C), and
       (III) by striking subparagraphs (E) and (F).

       (ii) Conforming amendments.--Paragraph (4) of section 
     151(d) is amended--

       (I) by striking subparagraph (B),
       (II) by redesignating clauses (i) and (ii) of subparagraph 
     (A) as subparagraphs (A) and (B), respectively, and by 
     indenting such subparagraphs (as so redesignated) 
     accordingly, and
       (III) by striking all that precedes ``in a calendar year 
     after 1989,'' and inserting the following:

       ``(4) Inflation adjustment.--In the case of any taxable 
     year beginning''.
       (c) Effective Date.--Except as otherwise provided, the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2010.

     SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) Extension.--
       (1) In general.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.
       (b) 20-percent Capital Gains Rate for Certain High Income 
     Individuals.--
       (1) In general.--Paragraph (1) of section 1(h) is amended 
     by striking subparagraph (C), by redesignating subparagraphs 
     (D) and (E) as subparagraphs (E) and (F) and by inserting 
     after subparagraph (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable income) as exceeds the amount on which a tax is 
     determined under subparagraph (B), or
       ``(ii) the excess (if any) of--

       ``(I) the amount of taxable income which would (without 
     regard to this paragraph) be taxed at a rate below 39.6 
     percent, over
       ``(II) the sum of the amounts on which a tax is determined 
     under subparagraphs (A) and (B),

       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable income) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C),''.
       (2) Minimum tax.--Paragraph (3) of section 55(b) is amended 
     by striking subparagraph (C), by redesignating subparagraph 
     (D) as subparagraph (E), and by inserting after subparagraph 
     (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable excess) as exceeds the amount on which tax is 
     determined under subparagraph (B), or
       ``(ii) the excess described in section 1(h)(1)(C)(ii), plus
       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable excess) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C), 
     plus''.
       (c) Conforming Amendments.--
       (1) The following provisions are each amended by striking 
     ``15 percent'' and inserting ``20 percent'':
       (A) Section 531.
       (B) Section 541.
       (C) Section 1445(e)(1).
       (D) The second sentence of section 7518(g)(6)(A).
       (E) Section 53511(f)(2) of title 46, United States Code.
       (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by 
     striking ``5 percent (0 percent in the case of taxable years 
     beginning after 2007)'' and inserting ``0 percent''.
       (3) Section 1445(e)(6) is amended by striking ``15 percent 
     (20 percent in the case of taxable years beginning after 
     December 31, 2010)'' and inserting ``20 percent''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in otherwise provided, 
     the amendments made by subsections (b) and (c) shall apply to 
     taxable years beginning after December 31, 2010.
       (2) Withholding.--The amendments made by paragraphs (1)(C) 
     and (3) of subsection (c) shall apply to amounts paid on or 
     after January 1, 2011.

     SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

       (a) American Opportunity Tax Credit.--
       (1) In general.--Section 25A(i) is amended by striking ``or 
     2010'' and inserting ``, 2010, 2011, or 2012''.
       (2) Treatment of possessions.--Section 1004(c)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``and 2010'' each place it appears and inserting 
     ``, 2010, 2011, and 2012''.
       (b) Child Tax Credit.--Section 24(d)(4) is amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (c) Earned Income Tax Credit.--Section 32(b)(3) is 
     amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

     SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE 
                   MINIMUM TAX EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) is 
     amended--
       (1) by striking ``$70,950'' and all that follows through 
     ``2009'' in subparagraph (A) and inserting ``$72,450 in the 
     case of taxable years beginning in 2010 and $74,450 in the 
     case of taxable years beginning in 2011'', and
       (2) by striking ``$46,700'' and all that follows through 
     ``2009'' in subparagraph (B) and inserting ``$47,450 in the 
     case of taxable years beginning in 2010 and $48,450 in the 
     case of taxable years beginning in 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (c) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to title 
     VII of such Act (relating to alternative minimum tax).

     SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 
                   RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``or 2009'' and inserting ``2009, 2010, or 
     2011'', and
       (2) by striking ``2009'' in the heading thereof and 
     inserting ``2011''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                TITLE III--RESPONSIBLE ESTATE TAX REFORM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Responsible Estate Tax 
     Act''.

     SEC. 302. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 
                   BASIS.

       (a) In General.--Each provision of law amended by subtitle 
     A or E of title V of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended to read as such 
     provision would read if such subtitle had never been enacted.
       (b) Conforming Amendment.--On and after January 1, 2011, 
     paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 is amended to read as such paragraph would read if 
     section 521(b)(2) of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 had never been enacted.

[[Page S9266]]

       (c) Special Election With Respect to Estates of Decedents 
     Dying in 2010.--Notwithstanding subsection (a), in the case 
     of an estate of a decedent dying after December 31, 2009, and 
     before January 1, 2011, the executor (within the meaning of 
     section 2203 of the Internal Revenue Code of 1986) may elect 
     to apply such Code as though the amendments made by 
     subsection (a) do not apply with respect to chapter 11 of 
     such Code and with respect to property acquired or passing 
     from such decedent (within the meaning of section 1014(b) of 
     such Code).  Such election shall be made at such time and in 
     such manner as the Secretary of the Treasury or the 
     Secretary's delegate shall provide. Such an election once 
     made shall be revocable only with the consent of the 
     Secretary of the Treasury or the Secretary's delegate. For 
     purposes of section 2652(a)(1) of such Code, the 
     determination of whether any property is subject to the tax 
     imposed by such chapter 11 shall be made without regard to 
     any election made under this subsection.
       (d) Extension of Time for Performing Certain Acts.--
       (1) Estate tax.--In the case of the estate of a decedent 
     dying after December 31, 2009, and before the date of the 
     enactment of this Act, the due date for--
       (A) filing any return under section 6018 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) as such section is in effect after the 
     date of the enactment of this Act without regard to any 
     election under subsection (c),
       (B) making any payment of tax under chapter 11 of such 
     Code, and
       (C) making any disclaimer described in section 2518(b) of 
     such Code of an interest in property passing by reason of the 
     death of such decedent,
     shall not be earlier than the date which is 9 months after 
     the date of the enactment of this Act.
       (2) Generation-skipping tax.--In the case of any 
     generation-skipping transfer made after December 31, 2009, 
     and before the date of the enactment of this Act, the due 
     date for filing any return under section 2662 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) shall not be earlier than the date 
     which is 9 months after the date of the enactment of this 
     Act.
       (e) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, and transfers made, after 
     December 31, 2009.

     SEC. 303. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
                   SKIPPING TRANSFER TAXES.

       (a) Modifications to Estate Tax.--
       (1) $3,500,000 applicable exclusion amount.--Subsection (c) 
     of section 2010 is amended to read as follows:
       ``(c) Applicable Credit Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable credit amount is the amount of the tentative tax 
     which would be determined under section 2001(c) if the amount 
     with respect to which such tentative tax is to be computed 
     were equal to the applicable exclusion amount.
       ``(2) Applicable exclusion amount.--For purposes of this 
     subsection, the applicable exclusion amount is $3,500,000.''.
       (2) Maximum estate tax rate equal to 45 percent.--
     Subsection (c) of section 2001 is amended--
       (A) by striking ``Over $1,500,000'' and all that follows in 
     the table contained in paragraph (1) and inserting the 
     following:


``Over $1,500,000.........................  $555,800, plus 35 percent of
                                             the excess of such amount
                                             over $1,500,000.'',
 


       (B) by striking ``(1) In general.--'', and
       (C) by striking paragraph (2).
       (b) Modifications to Gift Tax.--
       (1) Restoration of unified credit against gift tax.--
       (A) In general.--Paragraph (1) of section 2505(a), after 
     the application of section 301(b), is amended by striking 
     ``(determined as if the applicable exclusion amount were 
     $1,000,000)''.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to gifts made after December 31, 2010.
       (2) Modification of gift tax rate.--On and after January 1, 
     2011, subsection (a) of section 2502 is amended to read as 
     such subsection would read if section 511(d) of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 had never 
     been enacted.
       (c) Modification of Generation-skipping Transfer Tax.--In 
     the case of any generation-skipping transfer made after 
     December 31, 2009, and before January 1, 2011, the applicable 
     rate determined under section 2641(a) of the Internal Revenue 
     Code of 1986 shall be zero.
       (d) Modifications of Estate and Gift Taxes to Reflect 
     Differences in Credit Resulting From Different Tax Rates.--
       (1) Estate tax.--
       (A) In general.--Section 2001(b)(2) is amended by striking 
     ``if the provisions of subsection (c) (as in effect at the 
     decedent's death)'' and inserting ``if the modifications 
     described in subsection (g)''.
       (B) Modifications.--Section 2001 is amended by adding at 
     the end the following new subsection:
       ``(g) Modifications to Gift Tax Payable to Reflect 
     Different Tax Rates.--For purposes of applying subsection 
     (b)(2) with respect to 1 or more gifts, the rates of tax 
     under subsection (c) in effect at the decedent's death shall, 
     in lieu of the rates of tax in effect at the time of such 
     gifts, be used both to compute--
       ``(1) the tax imposed by chapter 12 with respect to such 
     gifts, and
       ``(2) the credit allowed against such tax under section 
     2505, including in computing--
       ``(A) the applicable credit amount under section 
     2505(a)(1), and
       ``(B) the sum of the amounts allowed as a credit for all 
     preceding periods under section 2505(a)(2).''.
       (2) Gift tax.--Section 2505(a) is amended by adding at the 
     end the following new flush sentence:

     ``For purposes of applying paragraph (2) for any calendar 
     year, the rates of tax in effect under section 2502(a)(2) for 
     such calendar year shall, in lieu of the rates of tax in 
     effect for preceding calendar periods, be used in determining 
     the amounts allowable as a credit under this section for all 
     preceding calendar periods.''.
       (e) Conforming Amendment.--Section 2511 is amended by 
     striking subsection (c).
       (f) Effective Date.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to estates of decedents dying, generation-skipping transfers, 
     and gifts made, after December 31, 2009.

     SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall apply to the amendments made 
     by this title.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

     SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 
                   PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.

       (a) In General.--Paragraph (2) of section 168(k) is 
     amended--
       (1) by striking ``January 1, 2012'' in subparagraph (A)(iv) 
     and inserting ``January 1, 2014'', and
       (2) by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2013''.
       (b) Temporary 100 Percent Expensing.--Subsection (k) of 
     section 168 is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule for property acquired during certain 
     pre-2012 periods.--In the case of qualified property acquired 
     by the taxpayer (under rules similar to the rules of clauses 
     (ii) and (iii) of paragraph (2)(A)) after September 8, 2010, 
     and before January 1, 2012, and which is placed in service by 
     the taxpayer before January 1, 2012 (January 1, 2013, in the 
     case of property described in subparagraph (2)(B) or (2)(C)), 
     paragraph (1)(A) shall be applied by substituting `100 
     percent' for `50 percent'.''.
       (c) Extension of Election to Accelerate the AMT Credit in 
     Lieu of Bonus Depreciation.--
       (1) Extension.--Clause (iii) of section 168(k)(4)(D) is 
     amended by striking ``or production'' and all that follows 
     and inserting ``or production--

       ``(I) after March 31, 2008, and before January 1, 2010, and
       ``(II) after December 31, 2010, and before January 1, 2013,

     shall be taken into account under subparagraph (B)(ii) 
     thereof,''.
       (2) Rules for round 2 extension property.--Paragraph (4) of 
     section 168(k) is amended by adding at the end the following 
     new subparagraph:
       ``(I) Special rules for round 2 extension property.--
       ``(i) In general.--In the case of round 2 extension 
     property, this paragraph shall be applied without regard to--

       ``(I) the limitation described in subparagraph (B)(i) 
     thereof, and
       ``(II) the business credit increase amount under 
     subparagraph (E)(iii) thereof.

       ``(ii) Taxpayers previously electing acceleration.--In the 
     case of a taxpayer who made the election under subparagraph 
     (A) for its first taxable year ending after March 31, 2008, 
     or a taxpayer who made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect not to have this paragraph 
     apply to round 2 extension property, but
       ``(II) if the taxpayer does not make the election under 
     subclause (I), in applying this paragraph to the taxpayer the 
     bonus depreciation amount, maximum amount, and maximum 
     increase amount shall be computed and applied to eligible 
     qualified property which is round 2 extension property.

     The amounts described in subclause (II) shall be computed 
     separately from any amounts computed with respect to eligible 
     qualified property which is not round 2 extension property.
       ``(iii) Taxpayers not previously electing acceleration.--In 
     the case of a taxpayer

[[Page S9267]]

     who neither made the election under subparagraph (A) for its 
     first taxable year ending after March 31, 2008, nor made the 
     election under subparagraph (H)(ii) for its first taxable 
     year ending after December 31, 2008--

       ``(I) the taxpayer may elect to have this paragraph apply 
     to its first taxable year ending after December 31, 2010, and 
     each subsequent taxable year, and
       ``(II) if the taxpayer makes the election under subclause 
     (I), this paragraph shall only apply to eligible qualified 
     property which is round 2 extension property.

       ``(iv) Round 2 extension property.--For purposes of this 
     subparagraph, the term `round 2 extension property' means 
     property which is eligible qualified property solely by 
     reason of the extension of the application of the special 
     allowance under paragraph (1) pursuant to the amendments made 
     by section 401(a) of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (and the 
     application of such extension to this paragraph pursuant to 
     the amendment made by section 401(c)(1) of such Act).''.
       (d) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2013''.
       (2) The heading for clause (ii) of section 168(k)(2)(B) is 
     amended by striking ``pre-january 1, 2011'' and inserting 
     ``pre-january 1, 2013''.
       (3) Subparagraph (D) of section 168(k)(4) is amended--
       (A) by striking clauses (iv) and (v),
       (B) by inserting ``and'' at the end of clause (ii), and
       (C) by striking the comma at the end of clause (iii) and 
     inserting a period.
       (4) Paragraph (5) of section 168(l) is amended--
       (A) by inserting ``and'' at the end of subparagraph (A),
       (B) by striking subparagraph (B), and
       (C) by redesignating subparagraph (C) as subparagraph (B).
       (5) Subparagraph (C) of section 168(n)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (6) Subparagraph (D) of section 1400L(b)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (7) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after December 31, 2010, in taxable years 
     ending after such date.
       (2) Temporary 100 percent expensing.--The amendment made by 
     subsection (b) shall apply to property placed in service 
     after September 8, 2010, in taxable years ending after such 
     date.

     SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS 
                   EXPENSING.

       (a) Dollar Limitation.--Section 179(b)(1) is amended by 
     striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $125,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $25,000 in the case of taxable years beginning after 
     2012.''.
       (b) Reduction in Limitation.--Section 179(b)(2) is amended 
     by striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $500,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $200,000 in the case of taxable years beginning after 
     2012.''.
       (c) Inflation Adjustment.--Subsection (b) of section 179 is 
     amended by adding at the end the following new paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in calendar year 2012, the $125,000 and $500,000 
     amounts in paragraphs (1)(C) and (2)(C) shall each be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2006' for 
     `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--
       ``(i) Dollar limitation.--If the amount in paragraph (1) as 
     increased under subparagraph (A) is not a multiple of $1,000, 
     such amount shall be rounded to the nearest multiple of 
     $1,000.
       ``(ii) Phaseout amount.--If the amount in paragraph (2) as 
     increased under subparagraph (A) is not a multiple of 
     $10,000, such amount shall be rounded to the nearest multiple 
     of $10,000.''.
       (d) Computer Software.--Section 179(d)(1)(A)(ii) is amended 
     by striking ``2012'' and inserting ``2013''.
       (e) Conforming Amendment.--Section 179(c)(2) is amended by 
     striking ``2012'' and inserting ``2013''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

     SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE 
                   PROVISIONS.

       (a) In General.--(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (A) by striking ``November 30, 2010'' each place it appears 
     and inserting ``January 3, 2012'';
       (B) in the heading for subsection (b)(2), by striking 
     ``november 30, 2010'' and inserting ``january 3, 2012''; and
       (C) in subsection (b)(3), by striking ``April 30, 2011'' 
     and inserting ``June 9, 2012''.
       (2) Section 2005 of the Assistance for Unemployed Workers 
     and Struggling Families Act, as contained in Public Law 111-5 
     (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
       (A) by striking ``December 1, 2010'' each place it appears 
     and inserting ``January 4, 2012''; and
       (B) in subsection (c), by striking ``May 1, 2011'' and 
     inserting ``June 11, 2012''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``April 30, 2011'' and inserting ``June 
     10, 2012''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (F) the following:
       ``(G) the amendments made by section 501(a)(1) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2010 (Public Law 
     111-205).

     SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 
                   EXTENDED BENEFIT PROGRAM.

       (a) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended, in the flush matter following 
     paragraph (2), by inserting after the first sentence the 
     following sentence: ``Effective with respect to compensation 
     for weeks of unemployment beginning after the date of 
     enactment of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (or, if later, 
     the date established pursuant to State law), and ending on or 
     before December 31, 2011, the State may by law provide that 
     the determination of whether there has been a state `on' or 
     `off' indicator beginning or ending any extended benefit 
     period shall be made under this subsection as if the word 
     `two' were `three' in subparagraph (1)(A).''.
       (b) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Effective with respect to compensation for weeks of 
     unemployment beginning after the date of enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (or, if later, the date established 
     pursuant to State law), and ending on or before December 31, 
     2011, the State may by law provide that the determination of 
     whether there has been a state `on' or `off' indicator 
     beginning or ending any extended benefit period shall be made 
     under this subsection as if the word `either' were `any', the 
     word ``both'' were `all', and the figure `2' were `3' in 
     clause (1)(A)(ii).''.

     SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 
                   UNEMPLOYMENT COMPENSATION DEBTS.

       (a) In General.--Section 6402(f)(3)(C), as amended by 
     section 801 of the Claims Resolution Act of 2010, is amended 
     by striking ``is not a covered unemployment compensation 
     debt'' and inserting ``is a covered unemployment compensation 
     debt''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 801 of the Claims 
     Resolution Act of 2010.

     SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF 
                   CONTINUED DUMPING AND SUBSIDY OFFSET.

       (a) In General.--Section 822(2)(A) of the Claims Resolution 
     Act of 2010 is amended by striking ``or'' and inserting 
     ``and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the provisions of the 
     Claims Resolution Act of 2010.

     SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92), is amended--
       (1) by striking ``June 30, 2010'' and inserting ``June 30, 
     2011''; and
       (2) by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to

[[Page S9268]]

     cover the cost of additional extended unemployment benefits 
     provided under such section 2(c)(2)(D) by reason of the 
     amendments made by subsection (a) as well as to cover the 
     cost of such benefits provided under such section 2(c)(2)(D), 
     as in effect on the day before the date of the enactment of 
     this Act.

             TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

     SEC. 601. MAKING WORK PAY CREDIT.

       (a) In General.--Section 36A(e) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2011''.
       (b) Treatment of Possessions.--Section 1001(b)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``2009 and 2010'' both places it appears and 
     inserting ``2009, 2010, and 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

     SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (2) Subparagraph (B) of section 6427(e)(6) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any biodiesel mixture credit 
     properly determined under section 6426(c) of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 702. CREDIT FOR REFINED COAL FACILITIES.

       (a) In General.--Subparagraph (B) of section 45(d)(8) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to facilities placed in service after December 
     31, 2009.

     SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2009.

     SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR 
                   ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.

       (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 
     6427(e)(6)(C) are each amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2011''.
       (b) Exclusion of Black Liquor From Credit Eligibility.--The 
     last sentence of section 6426(d)(2) is amended by striking 
     ``or biodiesel'' and inserting ``biodiesel, or any fuel 
     (including lignin, wood residues, or spent pulping liquors) 
     derived from the production of paper or pulp''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any alternative fuel credit 
     or any alternative fuel mixture credit properly determined 
     under subsection (d) or (e) of section 6426 of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 
                   FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 
                   QUALIFIED ELECTRIC UTILITIES.

       (a) In General.--Paragraph (3) of section 451(i) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions after December 31, 2009.

     SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION 
                   FOR OIL AND GAS FROM MARGINAL WELLS.

       (a) In General.--Clause (ii) of section 613A(c)(6)(H) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``2009 or 2010'' and 
     inserting ``2009, 2010, or 2011'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2010'' and inserting ``after 
     2011'', and
       (B) by striking ``2009 or 2010'' and inserting ``2009, 
     2010, or 2011''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is amended by striking ``2011'' and 
     inserting ``2012''.

     SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended by striking ``2010'' both places it 
     appears and inserting ``2011''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

     SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT.

       (a) Dishwashers.--Paragraph (1) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(C) $25 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 307 
     kilowatt hours per year and 5.0 gallons per cycle (5.5 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings),
       ``(D) $50 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 295 
     kilowatt hours per year and 4.25 gallons per cycle (4.75 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings), and
       ``(E) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 280 
     kilowatt hours per year and 4 gallons per cycle (4.5 gallons 
     per cycle for dishwashers designed for greater than 12 place 
     settings).''.
       (b) Clothes Washers.--Paragraph (2) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $175 in the case of a top-loading clothes washer 
     manufactured in calendar year 2011 which meets or exceeds a 
     2.2 modified energy factor and does not exceed a 4.5 water 
     consumption factor, and
       ``(F) $225 in the case of a clothes washer manufactured in 
     calendar year 2011--
       ``(i) which is a top-loading clothes washer and which meets 
     or exceeds a 2.4 modified energy factor and does not exceed a 
     4.2 water consumption factor, or
       ``(ii) which is a front-loading clothes washer and which 
     meets or exceeds a 2.8 modified energy factor and does not 
     exceed a 3.5 water consumption factor.''.
       (c) Refrigerators.--Paragraph (3) of section 45M(b) is 
     amended by striking ``and'' at

[[Page S9269]]

     the end of subparagraph (C), by striking the period at the 
     end of subparagraph (D) and inserting a comma, and by adding 
     at the end the following new subparagraphs:
       ``(E) $150 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 30 percent less 
     energy than the 2001 energy conservation standards, and
       ``(F) $200 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 35 percent less 
     energy than the 2001 energy conservation standards.''.
       (d) Rebasing of Limitations.--
       (1) In general.--Paragraph (1) of section 45M(e) is 
     amended--
       (A) by striking ``$75,000,000'' and inserting 
     ``$25,000,000'', and
       (B) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.
       (2) Exception for certain refrigerators and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended--
       (A) by striking ``subsection (b)(3)(D)'' and inserting 
     ``subsection (b)(3)(F)'', and
       (B) by striking ``subsection (b)(2)(D)'' and inserting 
     ``subsection (b)(2)(F)''.
       (3) Gross receipts limitation.--Paragraph (3) of section 
     45M(e) is amended by striking ``2 percent'' and inserting ``4 
     percent''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall apply to appliances produced after 
     December 31, 2010.
       (2) Limitations.--The amendments made by subsection (d) 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (b) Return to Pre-ARRA Limitations and Standards.--
       (1) In general.--Subsections (a) and (b) of section 25C are 
     amended to read as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 10 percent of the amount paid or incurred by the 
     taxpayer for qualified energy efficiency improvements 
     installed during such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitations.--
       ``(1) Lifetime limitation.--The credit allowed under this 
     section with respect to any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $500 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years ending after 
     December 31, 2005.
       ``(2) Windows.--In the case of amounts paid or incurred for 
     components described in subsection (c)(2)(B) by any taxpayer 
     for any taxable year, the credit allowed under this section 
     with respect to such amounts for such year shall not exceed 
     the excess (if any) of $200 over the aggregate credits 
     allowed under this section with respect to such amounts for 
     all prior taxable years ending after December 31, 2005.
       ``(3) Limitation on residential energy property 
     expenditures.--The amount of the credit allowed under this 
     section by reason of subsection (a)(2) shall not exceed--
       ``(A) $50 for any advanced main air circulating fan,
       ``(B) $150 for any qualified natural gas, propane, or oil 
     furnace or hot water boiler, and
       ``(C) $300 for any item of energy-efficient building 
     property.''.
       (2) Modification of standards.--
       (A) In general.--Paragraph (1) of section 25C(c) is amended 
     by striking ``2000'' and all that follows through ``this 
     section'' and inserting ``2009 International Energy 
     Conservation Code, as such Code (including supplements) is in 
     effect on the date of the enactment of the American Recovery 
     and Reinvestment Tax Act of 2009''.
       (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by striking ``, as measured using a lower heating 
     value''.
       (C)  Oil furnaces and hot water boilers.--
       (i) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, or oil furnace or hot 
     water boiler.--The term `qualified natural gas, propane, or 
     oil furnace or hot water boiler' means a natural gas, 
     propane, or oil furnace or hot water boiler which achieves an 
     annual fuel utilization efficiency rate of not less than 
     95.''.
       (ii) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) a qualified natural gas, propane, or oil furnace or 
     hot water boiler, or''.
       (D) Exterior windows, doors, and skylights.--
       (i) In general.--Subsection (c) of section 25C is amended 
     by striking paragraph (4).
       (ii) Application of energy star standards.--Paragraph (1) 
     of section 25C(c) is amended by inserting ``an exterior 
     window, a skylight, an exterior door,'' after ``in the case 
     of'' in the matter preceding subparagraph (A).
       (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is 
     amended by striking ``and meets the prescriptive criteria for 
     such material or system established by the 2009 International 
     Energy Conservation Code, as such Code (including 
     supplements) is in effect on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (3) Subsidized energy financing.--Subsection (e) of section 
     25C is amended by adding at the end the following new 
     paragraph:
       ``(3) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any property, there shall 
     not be taken into account expenditures which are made from 
     subsidized energy financing (as defined in section 
     48(a)(4)(C)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2010.

                   Subtitle B--Individual Tax Relief

     SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2009'' and inserting ``2009, 2010, 
     or 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 
                   FOR CONSERVATION PURPOSES.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Contributions by Certain Corporate Farmers and 
     Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2009.
       (2) Special rule.--For purposes of subsections (a)(6), 
     (b)(3), and (d)(8) of section 408 of the Internal Revenue 
     Code of 1986, at the election of the taxpayer (at such time 
     and in such manner as prescribed by the Secretary of the 
     Treasury) any qualified charitable distribution made after 
     December 31, 2010, and before February 1, 2011, shall be 
     deemed to have been made on December 31, 2010.

     SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY 
                   STOCK IN DETERMINING GROSS ESTATE OF 
                   NONRESIDENTS.

       (a) In General.--Paragraph (3) of section 2105(d) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after December 31, 
     2009.

     SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
                   PROVIDED MASS TRANSIT AND PARKING BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2010.

     SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       (a) In General.--Subchapter A of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for a period of 12 months 
     from receipt, for purposes of determining the eligibility of 
     such individual (or any other individual) for benefits or 
     assistance (or the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2012.''.

[[Page S9270]]

       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
              programs and federally assisted programs.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2009.

                    Subtitle C--Business Tax Relief

     SEC. 731. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 733. NEW MARKETS TAX CREDIT.

       (a) In General.--Paragraph (1) of section 45D(f) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E),
       (2) by striking the period at the end of subparagraph (F), 
     and
       (3) by adding at the end the following new subparagraph:
       ``(G) $3,500,000,000 for 2010 and 2011.''.
       (b) Conforming Amendment.--Paragraph (3) of section 45D(f) 
     is amended by striking ``2014'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2009.

     SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) In General.--Subsection (f) of section 45G is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2009.

     SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (f) of section 45P is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2009.

     SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED 
                   LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT 
                   BUILDINGS AND IMPROVEMENTS, AND QUALIFIED 
                   RETAIL IMPROVEMENTS.

       (a) In General.--Clauses (iv), (v), and (ix) of section 
     168(e)(3)(E) are each amended by striking ``January 1, 2010'' 
     and inserting ``January 1, 2012''.
       (b) Conforming Amendments.--
       (1) Clause (i) of section 168(e)(7)(A) is amended by 
     striking ``if such building is placed in service after 
     December 31, 2008, and before January 1, 2010,''.
       (2) Paragraph (8) of section 168(e) is amended by striking 
     subparagraph (E).
       (3) Section 179(f)(2) is amended--
       (A) by striking ``(without regard to the dates specified in 
     subparagraph (A)(i) thereof)'' in subparagraph (B), and
       (B) by striking ``(without regard to subparagraph (E) 
     thereof)'' in subparagraph (C).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 
                   ENTERTAINMENT COMPLEXES.

       (a) In General.--Subparagraph (D) of section 168(i)(15) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   AN INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORIES TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE 
                   CONTRIBUTIONS OF COMPUTER INVENTORY FOR 
                   EDUCATIONAL PURPOSES.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND 
                   TELEVISION PRODUCTIONS.

       (a) In General.--Subsection (f) of section 181 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to productions commencing after December 31, 
     2009.

     SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2009.

     SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subparagraph (C) of section 199(d)(8) is 
     amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years''; and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2009.

     SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) In General.--Paragraphs (1)(C) and (2)(C) of section 
     871(k) are each amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 
                   FIRPTA.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on January 1, 2010. Notwithstanding the preceding 
     sentence, such amendment shall not apply with respect to the 
     withholding requirement under section 1445 of the Internal 
     Revenue Code of 1986 for any payment made before the date of 
     the enactment of this Act.
       (2) Amounts withheld on or before date of enactment.--In 
     the case of a regulated investment company--
       (A) which makes a distribution after December 31, 2009, and 
     before the date of the enactment of this Act; and
       (B) which would (but for the second sentence of paragraph 
     (1)) have been required to withhold with respect to such 
     distribution under section 1445 of such Code,
     such investment company shall not be liable to any person to 
     whom such distribution was made for any amount so withheld 
     and paid over to the Secretary of the Treasury.

     SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

       (a) In General.--Sections 953(e)(10) and 954(h)(9) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Conforming Amendment.--Section 953(e)(10) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 
                   CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 
                   PERSONAL HOLDING COMPANY RULES.

       (a) In General.--Subparagraph (C) of section 954(c)(6) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after

[[Page S9271]]

     December 31, 2009, and to taxable years of United States 
     shareholders with or within which any such taxable year of 
     such foreign corporation ends.

     SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Paragraph (2) of section 1367(a) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391 is amended--
       (1) by striking ``December 31, 2009'' in subsection 
     (d)(1)(A)(i) and inserting ``December 31, 2011''; and
       (2) by striking the last sentence of subsection (h)(2).
       (b) Increased Exclusion of Gain on Stock of Empowerment 
     Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is 
     amended--
       (1) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (2) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (c) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2009.

     SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) In General.--Subsection (f) of section 1400 is amended 
     by striking ``December 31, 2009'' each place it appears and 
     inserting ``December 31, 2011''.
       (b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.
       (c) Zero-percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (2) Limitation on period of gains.--
       (A) In general.--Paragraph (2) of section 1400B(e) is 
     amended--
       (i) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (ii) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (B) Partnerships and s-corps.--Paragraph (2) of section 
     1400B(g) is amended by striking ``December 31, 2014'' and 
     inserting ``December 31, 2016''.
       (d) First-time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2010'' and 
     inserting ``January 1, 2012''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Tax-exempt dc empowerment zone bonds.--The amendment 
     made by subsection (b) shall apply to bonds issued after 
     December 31, 2009.
       (3) Acquisition dates for zero-percent capital gains 
     rate.--The amendments made by subsection (c) shall apply to 
     property acquired or substantially improved after December 
     31, 2009.
       (4) Homebuyer credit.--The amendment made by subsection (d) 
     shall apply to homes purchased after December 31, 2009.

     SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM 
                   EXCISE TAXES TO PUERTO RICO AND THE VIRGIN 
                   ISLANDS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits brought into the United 
     States after December 31, 2009.

     SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

       (a) In General.--Subsection (d) of section 119 of division 
     A of the Tax Relief and Health Care Act of 2006 is amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years'', and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 757. WORK OPPORTUNITY CREDIT.

       (a) In General.--Subparagraph (B) of section 51(c)(4) is 
     amended by striking ``August 31, 2011'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 758. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Section 54E(c)(1) is amended--
       (1) by striking ``2008 and'' and inserting ``2008,'', and
       (2) by inserting ``and $400,000,000 for 2011'' after 
     ``2010,''.
       (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) 
     of section 6431(f) is amended by inserting ``determined 
     without regard to any allocation relating to the national 
     zone academy bond limitation for 2011 or any carryforward of 
     such allocation'' after ``54E)'' in subparagraph (A)(iii).
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2010.

     SEC. 759. MORTGAGE INSURANCE PREMIUMS.

       (a) In General.--Clause (iv) of section 163(h)(3)(E) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2010.

     SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
                   CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012'', and
       (2) by inserting ``and 2011'' after ``2010'' in the heading 
     thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after December 31, 2010.

            Subtitle D--Temporary Disaster Relief Provisions

                                  PART

                    Subpart A--New York Liberty Zone

     SEC. 761. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Subparagraph (D) of section 1400L(d)(2) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2009.

                           Subpart B--GO Zone

     SEC. 762. INCREASE IN REHABILITATION CREDIT.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO 
                   ZONES.

       Section 1400N(c)(5) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2012''.

     SEC. 764. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Paragraphs (2)(D) and (7)(C) of section 
     1400N(a) are each amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) 
     of the Heartland Disaster Tax Relief Act of 2008 are each 
     amended by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2012''.

     SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO 
                   ZONE.

       (a) In General.--Paragraph (6) of section 1400N(d) is 
     amended--
       (1) by striking ``December 31, 2010'' both places it 
     appears in subparagraph (B) and inserting ``December 31, 
     2011'', and
       (2) by striking ``January 1, 2010'' in the heading and the 
     text of subparagraph (D) and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

                   TITLE VIII--SENIOR CITIZENS RELIEF

     SEC. 801. SHORT TITLE.

       This Act may be cited as the ``Emergency Senior Citizens 
     Relief Act of 2010''.

     SEC. 802. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC 
                   RECOVERY PAYMENTS.

       (a) Extension and Modification of Payments.--Section 2201 
     of the American Recovery and Reinvestment Tax Act of 2009 is 
     amended--
       (1) in subsection (a)(1)(A)--
       (A) by inserting ``for each of calendar years 2009 and 
     2011'' after ``shall disburse'',
       (B) by inserting ``(for purposes of payments made for 
     calendar year 2009), or the 3-month period ending with 
     December 2010 (for purposes of payments made for calendar 
     year 2011)'' after ``the date of the enactment of this Act'', 
     and
       (C) by adding at the end the following new sentence: ``In 
     the case of an individual who is eligible for a payment under 
     the preceding sentence by reason of entitlement to a benefit 
     described in subparagraph (B)(i), no such payment shall be 
     made to such individual for calendar year 2011 unless such 
     individual was paid a benefit described in such subparagraph 
     (B)(i) for any month in the 12-month period ending with 
     December 2010.'',
       (2) in subsection (a)(1)(B)(iii), by inserting ``(for 
     purposes of payments made under this paragraph for calendar 
     year 2009), or the 3-month period ending with December 2010 
     (for purposes of payments made under this paragraph for 
     calendar year 2011)'' before the period at the end,
       (3) in subsection (a)(2)--
       (A) by inserting ``, or who are utilizing a foreign or 
     domestic Army Post Office, Fleet Post Office, or Diplomatic 
     Post Office address'' after ``Northern Mariana Islands'', and
       (B) by striking ``current address of record'' and inserting 
     ``address of record, as of the date of certification under 
     subsection (b) for a payment under this section'',
       (4) in subsection (a)(3)--
       (A) by inserting ``per calendar year (determined with 
     respect to the calendar year for

[[Page S9272]]

     which the payment is made, and without regard to the date 
     such payment is actually paid to such individual)'' after 
     ``only 1 payment under this section'', and
       (B) by inserting ``FOR THE SAME YEAR'' after ``PAYMENTS'' 
     in the heading thereof,
       (5) in subsection (a)(4)--
       (A) by inserting ``(or, in the case of subparagraph (D), 
     shall not be due)'' after ``made'' in the matter preceding 
     subparagraph (A),
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(B)(i) or paragraph 
     (1)(B)(ii)(VIII) if --
       ``(i) for the most recent month of such individual's 
     entitlement in the applicable 3-month period described in 
     paragraph (1); or
       ``(ii) for any month thereafter which is before the month 
     after the month of the payment;
     such individual's benefit under such paragraph was not 
     payable by reason of subsection (x) or (y) of section 202 of 
     the Social Security Act (42 U.S.C. 402) or section 1129A of 
     such Act (42 U.S.C. 1320a-8a);'',
       (C) in subparagraph (B), by striking ``3 month period'' and 
     inserting ``applicable 3-month period'',
       (D) by striking subparagraph (C) and inserting the 
     following:
       ``(C) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(C) if--
       ``(i) for the most recent month of such individual's 
     eligibility in the applicable 3-month period described in 
     paragraph (1); or
       ``(ii) for any month thereafter which is before the month 
     after the month of the payment;
     such individual's benefit under such paragraph was not able 
     by reason of subsection (e)(1)(A) or (e)(4) of section 1611 
     (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 
     1320a-8a); or''
       (E) by striking subparagraph (D) and inserting the 
     following:
       ``(D) in the case of any individual whose date of death 
     occurs--
       ``(i) before the date of receipt of the payment; or
       ``(ii) in the case of a direct deposit, before the date on 
     which such payment is deposited into such individual's 
     account.'',
       (F) by adding at the end the following flush sentence:
     ``In the case of any individual whose date of death occurs 
     before a payment is negotiated (in the case of a check) or 
     deposited (in the case of a direct deposit), such payment 
     shall not be due and shall not be reissued to the estate of 
     such individual or to any other person.'', and
       (G) by adding at the end, as amended by subparagraph (F), 
     the following new sentence: ``Subparagraphs (A)(ii) and 
     (C)(ii) shall apply only in the case of certifications under 
     subsection (b) which are, or but for this paragraph would be, 
     made after the date of the enactment of Emergency Senior 
     Citizens Relief Act of 2010, and shall apply to such 
     certifications without regard to the calendar year of the 
     payments to which such certifications apply.''.
       (6) in subsection (a)(5)--
       (A) by inserting ``, in the case of payments for calendar 
     year 2009, and no later than April 30, 2011, in the case of 
     payments for calendar year 2011'' before the period at the 
     end of the first sentence of subparagraph (A), and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Deadline.--No payment for calendar year 2009 shall be 
     disbursed under this section after December 31, 2010, and no 
     payment for calendar year 2011 shall be disbursed under this 
     section after December 31, 2012, regardless of any 
     determinations of entitlement to, or eligibility for, such 
     payment made after whichever of such dates is applicable to 
     such payment.'',
       (7) in subsection (b), by inserting ``(except that such 
     certification shall be affected by a determination that an 
     individual is an individual described in subparagraph (A), 
     (B), (C), or (D) of subsection (a)(4) during a period 
     described in such subparagraphs), and no individual shall be 
     certified to receive a payment under this section for a 
     calendar year if such individual has at any time been denied 
     certification for such a payment for such calendar year by 
     reason of subparagraph (A)(ii) or (C)(ii) of subsection 
     (a)(4) (unless such individual is subsequently determined not 
     to have been an individual described in either such 
     subparagraph at the time of such denial)'' before the period 
     at the end of the last sentence,
       (8) in subsection (c), by striking paragraph (4) and 
     inserting the following:
       ``(4) Payments subject to offset and reclamation.--
     Notwithstanding paragraph (3), any payment made under this 
     section--
       ``(A) shall, in the case of a payment by direct deposit 
     which is made after the date of the enactment of the 
     Emergency Senior Citizens Relief Act of 2010, be subject to 
     the reclamation provisions under subpart B of part 210 of 
     title 31, Code of Federal Regulations (relating to 
     reclamation of benefit payments); and
       ``(B) shall not, for purposes of section 3716 of title 31, 
     United States Code, be considered a benefit payment or cash 
     benefit made under the applicable program described in 
     subparagraph (B) or (C) of subsection (a)(1), and all amounts 
     paid shall be subject to offset under such section 3716 to 
     collect delinquent debts.'',
       (9) in subsection (e)--
       (A) by striking ``2011'' and inserting ``2013'',
       (B) by inserting ``section 2(b) of the Emergency Senior 
     Citizens Relief Act of 2010,'' after ``section 2202,'' in 
     paragraph (1), and
       (C) by adding at the following new paragraph:
       ``(5)(A) For the Secretary of the Treasury, an additional 
     $5,200,000 for purposes described in paragraph (1).
       ``(B) For the Commissioner of Social Security, an 
     additional $5,000,000 for the purposes described in paragraph 
     (2)(B).
       ``(C) For the Railroad Retirement Board, an additional 
     $600,000 for the purposes described in paragraph (3)(B).
       ``(D) For the Secretary of Veterans Affairs, an additional 
     $625,000 for the Information Systems Technology account''.
       (b) Extension of Special Credit for Certain Government 
     Retirees.--
       (1) In general.--In the case of an eligible individual (as 
     defined in section 2202(b) of the American Recovery and 
     Reinvestment Tax Act of 2009, applied by substituting 
     ``2011'' for ``2009''), with respect to the first taxable 
     year of such individual beginning in 2011, section 2202 of 
     the American Recovery and Reinvestment Tax Act of 2009 shall 
     be applied by substituting ``2011'' for ``2009'' each place 
     it appears.
       (2) Conforming amendment.--Subsection (c) of section 36A of 
     the Internal Revenue Code of 1986 is amended by inserting ``, 
     and any credit allowed to the taxpayer under section 2(b)(1) 
     of the Emergency Senior Citizens Relief Act of 2010'' after 
     ``the American Recovery and Reinvestment Tax Act of 2009''.
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in paragraph 
     (2), the amendments made by this section shall take effect on 
     the date of the enactment of this Act.
       (2) Application of rule relating to deceased individuals.--
     The amendment made by subsection (a)(5)(F) shall take effect 
     as if included in section 2201 of the American Recovery and 
     Reinvestment Tax Act of 2009.

         TITLE IX--INFRASTRUCTURE, ENERGY, AND WATER PROVISIONS

                 Subtitle A--TIGER Discretionary Grants

     SEC. 901. TIGER DISCRETIONARY GRANTS.

       There are appropriated, out of any money in the Treasury 
     not otherwise appropriated, $5,000,000,000 for each of fiscal 
     years 2011 and 2012, for the discretionary grant program 
     established under the heading ``national infrastructure 
     investments'' under the heading ``Office of the Secretary'' 
     under the heading ``DEPARTMENT OF TRANSPORTATION'' of title I 
     of division A of the Consolidated Appropriations Act, 2010 
     (Public Law 111-117; 123 Stat. 3036), commonly referred to as 
     the ``TIGER II Discretionary Grant Program'': Provided, That 
     the amount of a grant under this section may not exceed 
     $400,000,000:  Provided further, That not less than 20 
     percent of the funds made available under this section for 
     each fiscal year may be awarded to projects located in rural 
     areas:  Provided further, That not less than 1 percent of the 
     funds made available under this section for each fiscal year 
     may be used for the planning, preparation, or design of 
     projects eligible for funding under the TIGER II 
     Discretionary Grant Program:  Provided further, That not more 
     than 15 percent of the funds made available under this 
     section for a fiscal year may be awarded to projects in a 
     single State:  Provided further, That the Secretary may award 
     a grant of less than $10,000,000 to fund a significant 
     project in a smaller city, region, or State:  Provided 
     further, That the Federal share of the cost of a significant 
     project in a smaller city, region, or State may exceed 80 
     percent:  Provided further, That, of the amounts made 
     available under this section for a fiscal year, the Secretary 
     may use an amount not to exceed $750,000,000 for the purpose 
     of paying the subsidy and administrative costs of projects 
     eligible for Federal credit assistance under chapter 6 of 
     title 23, United States Code, if the Secretary finds that 
     such use of the funds would advance the purposes of this 
     section.

                Subtitle B--National Infrastructure Bank

     SEC. 911. FINDINGS.

       Congress finds the following:
       (1) According to the American Society of Civil Engineers, 
     the current condition of the infrastructure in the United 
     States earns a grade point average of D, and an estimated 
     $2,200,000,000,000 investment is needed over the next 5 years 
     to meet adequate conditions.
       (2) According to the National Surface Transportation Policy 
     and Revenue Study Commission, $225,000,000,000 is needed 
     annually from all sources for the next 50 years to upgrade 
     our surface transportation system to a state of good repair 
     and create a more advanced system.
       (3) According to the Federal Highway Administration up to 
     $131,700,000,000 must be invested annually for a 20-year 
     period to improve bridge efficiencies and the physical 
     condition and operational performance of the highway system 
     of the United States.
       (4) According to the Federal Transit Administration, up to 
     $21,800,000,000 must be invested annually for a 20-year 
     period to improve conditions and performance of the major 
     transit systems of the United States.
       (5) The Environmental Protection Agency projects that--
       (A) $183,600,000,000 is needed for installation and 
     maintenance of drinking water transmission and distribution 
     systems through 2022; and
       (B) $202,500,000,000 is needed for publicly owned 
     wastewater systems-related infrastructure needs through 2024.
       (6) According to the Edison Electric Institute, to maintain 
     current levels of service

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     given expected growth in demand, electric utilities need to 
     invest an annual average of--
       (A) $28,000,000,000 for generation;
       (B) $12,000,000,000 for transmission; and
       (C) $34,000,000,000 for distribution of electricity.
       (7) According to the American Council on Renewable Energy, 
     renewable energy could provide up to 635 gigawatts of new 
     electricity generating capacity by 2025--a substantial 
     contribution and potentially more than the Nation's need for 
     new capacity, according to the United States Energy 
     Information Administration.
       (8) According to the United States Green Building Council, 
     United States buildings account for 38.9 percent of primary 
     energy use, 38 percent of carbon emissions, and 72 percent of 
     electricity consumption.
       (9) There are over 1,200,000 units of public housing 
     nationwide, with an accumulated capital needs backlog of 
     approximately $18,000,000,000, with an additional 
     $2,000,000,000 accruing each year.
       (10) According to the Organization for Economic Cooperation 
     and Development (OECD), the United States ranks 15th among 
     OECD nations in broadband access per 100 inhabitants.
       (11) Although grant programs of the Government must 
     continue to play a central role in financing the 
     transportation, environment, energy, and telecommunications 
     infrastructure needs of the United States, current and 
     foreseeable demands on existing Federal, State, and local 
     funding for infrastructure expansion exceed the resources to 
     support these programs by margins wide enough to prompt 
     serious concerns about the United States' ability to sustain 
     long-term economic development, productivity, and 
     international competitiveness.
       (12) The capital markets, including central banks, pension 
     funds, financial institutions, sovereign wealth funds and 
     insurance companies, have a growing interest in 
     infrastructure investment. The establishment of a United 
     States Government-owned institution that would provide this 
     investment opportunity through high quality bond issues that 
     would be used to finance qualifying infrastructure projects 
     would attract needed capital for United States infrastructure 
     development.

     SEC. 912. DEFINITIONS.

       For purposes of this subtitle, the following definitions 
     shall apply, unless the context requires otherwise:
       (1) Bank.--The term ``Bank'' means the National 
     Infrastructure Development Bank established under section 
     913(a) of this subtitle.
       (2) Board.--The term ``Board'' means the National 
     Infrastructure Development Bank Board.
       (3) Chief asset and liability management officer.--The term 
     ``chief asset and liability management officer'' means the 
     chief individual responsible for coordinating the management 
     of assets and liabilities of the Bank.
       (4) Chief compliance officer.--The term ``chief compliance 
     officer or CCO'' means the chief individual responsible for 
     overseeing and managing the compliance and regulatory affairs 
     issues of the Bank.
       (5) Chief financial officer.--The term ``chief financial 
     officer or CFO'' means the chief individual responsible for 
     managing the financial risks, planning, and reporting of the 
     Bank.
       (6) Chief loan origination officer.--The term ``chief loan 
     origination officer'' means the chief individual responsible 
     for the processing of new loans provided by the Bank.
       (7) Chief operations officer.--The term ``chief operations 
     officer or COO'' means the chief individual responsible for 
     information technology and the day to day operations of the 
     Bank.
       (8) Chief risk officer.--The term ``chief risk officer or 
     CRO'' means the chief individual responsible for managing 
     operational and compliance-related risks of the Bank.
       (9) Chief treasury officer.--The term ``chief treasury 
     officer'' means the chief individual responsible for managing 
     the Bank's treasury operations.
       (10) Development.--The terms ``development'' and 
     ``develop'' mean, with respect to an infrastructure project, 
     any--
       (A) preconstruction planning, feasibility review, 
     permitting, design work, and other preconstruction 
     activities; and
       (B) construction, reconstruction, rehabilitation, 
     replacement, or expansion.
       (11) Disadvantaged community.--The term ``disadvantaged 
     community'' means a community with a median household income 
     of less than 80 percent of the statewide median household 
     income for the State in which the community is located.
       (12) Energy infrastructure project.--The term ``energy 
     infrastructure project'' means any project for energy 
     transmission, energy efficiency enhancement for buildings, 
     public housing, and schools, renewable energy, and energy 
     storage.
       (13) Entity.--The term ``entity'' means an individual, 
     corporation, partnership (including a public-private 
     partnership), joint venture, trust, and a State or other 
     governmental entity, including a political subdivision or any 
     other instrumentality of a State or a revolving fund.
       (14) Environmental infrastructure project.--The term 
     ``environmental infrastructure project'' means any project 
     for the establishment, maintenance, or enhancement of any 
     drinking water and wastewater treatment facility, storm water 
     management system, dam, levee, open space management system, 
     solid waste disposal facility, hazardous waste facility, or 
     industrial site cleanup.
       (15) Executive director.--The term ``executive director'' 
     means the individual serving as the chief executive officer 
     of the Bank.
       (16) General counsel.--The term ``general counsel'' means 
     the individual who serves as the chief lawyer for the Bank.
       (17) Infrastructure project.--The term ``infrastructure 
     project'' means any energy, environmental, 
     telecommunications, or transportation infrastructure project.
       (18) Public benefit bond.--The term ``public benefit bond'' 
     means a bond issued with respect to an infrastructure project 
     in accordance with this subtitle if--
       (A) the net spendable proceeds from the sale of the issue 
     may be used for expenditures incurred after the date of 
     issuance with respect to the project, subject to the rules of 
     the Bank;
       (B) the bond issued by the Bank is in registered form and 
     meets the requirements of this subtitle and otherwise 
     applicable law;
       (C) the term of each bond which is part of the issue is 
     greater than 30 years; and
       (D) the payment of principal with respect to the bond is 
     the obligation of the Bank.
       (19) Public-private partnership.--The term ``public-private 
     partnership'' means any entity--
       (A)(i) which is undertaking the development of all or part 
     of an infrastructure project, which will have a public 
     benefit, pursuant to requirements established in one or more 
     contracts between the entity and a State or an 
     instrumentality of a State; or
       (ii) the activities of which, with respect to such an 
     infrastructure project, are subject to regulation by a State 
     or any instrumentality of a State; and
       (B) which owns, leases, or operates, or will own, lease, or 
     operate, the project in whole or in part, and at least one of 
     the participants in the entity is a nongovernmental entity.
       (20) Revolving fund.--The term ``revolving fund'' means a 
     fund or program established by a State or a political 
     subdivision or other instrumentality of a State, the 
     principal activity of which is to make loans, commitments, or 
     other financial accommodation available for the development 
     of one or more categories of infrastructure projects.
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the designee of the Secretary.
       (22) Smart grid.--The term ``smart grid'' means a system 
     that provides for any of the smart grid functions set forth 
     in section 1306(d) of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17386(d)).
       (23) Smart growth.--The term ``smart growth'' means growth 
     in the center of a city to avoid urban sprawl.
       (24) State.--The term ``State'' includes the District of 
     Columbia, Puerto Rico, Guam, American Samoa, the Virgin 
     Islands, the Commonwealth of Northern Mariana Islands, and 
     any other territory of the United States.
       (25) Telecommunications infrastructure project.--The term 
     ``telecommunications infrastructure project'' means any 
     project involving infrastructure required to provide 
     communications by wire or radio.
       (26) Transportation infrastructure project.--The term 
     ``transportation infrastructure project'' means any project 
     for the construction, maintenance, or enhancement of 
     highways, roads, bridges, transit and intermodal systems, 
     inland waterways, commercial ports, airports, high speed rail 
     and freight rail systems.

     SEC. 913. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE 
                   DEVELOPMENT BANK.

       (a) Establishment of National Infrastructure Development 
     Bank.--The National Infrastructure Development Bank is 
     established as a wholly owned Government corporation subject 
     to chapter 91 of title 31, United States Code (commonly known 
     as the ``Government Corporation Control Act''), except as 
     otherwise provided in this subtitle.
       (b) Responsibility of the Secretary.--The Secretary shall 
     take such action as may be necessary to assist in 
     implementing the establishment of the Bank in accordance with 
     this subtitle.
       (c) Conforming Amendment.--Section 9101(3) of title 31, 
     United States Code, is amended by inserting after 
     subparagraph (N) the following:
       ``(O) the National Infrastructure Development Bank.''.

     SEC. 914. BOARD OF DIRECTORS.

       (a) In General.--The Bank shall have a Board of Directors 
     consisting of 5 members appointed by the President by and 
     with the advice and consent of the Senate.
       (b) Qualifications.--The directors of the Board shall 
     include individuals representing different regions of the 
     United States and--
       (1) 2 of the directors shall have public sector experience; 
     and
       (2) 3 of the directors shall have private sector 
     experience.
       (c) Chairperson and Vice Chairperson.--As designated at the 
     time of appointment, one of the directors of the Board shall 
     be designated chairperson of the Board by the President and 
     one shall be designated as vice chairperson of the Board by 
     the President.
       (d) Terms.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (f), each director shall be appointed for a term 
     of 6 years.
       (2) Initial staggered terms.--Of the initial members of the 
     Board--

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       (A) the chairperson and vice chairperson shall be appointed 
     for terms of 6 years;
       (B) 1 shall be appointed for a term of 5 years;
       (C) 1 shall be appointed for a term of 4 years; and
       (D) 1 shall be appointed for a term of 3 years.
       (e) Date of Initial Nominations.--The initial nominations 
     by the President for appointment of directors to the Board 
     shall be made not later than 60 days after the date of 
     enactment of this Act.
       (f) Vacancies.--
       (1) In general.--A vacancy on the Board shall be filled in 
     the manner in which the original appointment was made.
       (2) Appointment to replace during term.--Any director 
     appointed to fill a vacancy occurring before the expiration 
     of the term for which the director's predecessor was 
     appointed shall be appointed only for the remainder of the 
     term.
       (3) Duration.--A director may serve after the expiration of 
     that director's term until a successor has taken office.
       (g) Quorum.--Three directors shall constitute a quorum.
       (h) Reappointment.--A director of the Board appointed by 
     the President may be reappointed by the President in 
     accordance with this section.
       (i) Per Diem Reimbursement.--Directors of the Board shall 
     serve on a part-time basis and shall receive a per diem when 
     engaged in the actual performance of Bank business, plus 
     reasonable reimbursement for travel, subsistence, and other 
     necessary expenses incurred in the performance of their 
     duties.
       (j) Limitations.--A director of the Board may not 
     participate in any review or decision affecting a project 
     under consideration for assistance under this subtitle if the 
     director has or is affiliated with a person who has an 
     interest in such project.
       (k) Powers and Limitations of the Board.--
       (1) Powers.--In order to carry out the purposes of the Bank 
     as set forth in this subtitle, the Board shall be responsible 
     for monitoring and overseeing infrastructure projects and 
     have the following powers:
       (A) To make senior and subordinated loans and purchase 
     senior and subordinated debt securities and enter into a 
     binding commitment to make any such loan or purchase any such 
     security, on such terms as the Board may determine, in the 
     Board's discretion, to be appropriate, the proceeds of which 
     are to be used to finance or refinance the development of one 
     or more infrastructure projects.
       (B) To issue and sell debt securities of the Bank on such 
     terms as the Board shall determine from time to time.
       (C) To issue public benefit bonds and to provide direct 
     subsidies to infrastructure projects from amounts made 
     available from the issuance of such bonds.
       (D) To make loan guarantees.
       (E) To make agreements and contracts with any entity in 
     furtherance of the business of the Bank.
       (F) To borrow on the global capital market and lend to 
     regional, State, and local entities, and commercial banks for 
     the purpose of funding infrastructure projects.
       (G) To purchase, pool, and sell infrastructure-related 
     loans and securities on the global capital market.
       (H) To purchase in the open market any of the Bank's 
     outstanding obligations at any time and at any price.
       (I) To monitor and oversee infrastructure projects 
     financed, in whole or in part, by the Bank.
       (J) To acquire, lease, pledge, exchange, and dispose of 
     real and personal property and otherwise exercise all the 
     usual incidents of ownership of property to the extent the 
     exercise of such powers are appropriate to and consistent 
     with the purposes of the Bank.
       (K) To sue and be sued in the Bank's corporate capacity in 
     any court of competent jurisdiction, except that no 
     attachment, injunction, or similar process, may be issued 
     against the property of the Bank or against the Bank with 
     respect to such property.
       (L) To indemnify the directors and officers of the Bank for 
     liabilities arising out of the actions of the directors and 
     officers in such capacity, in accordance with, and subject to 
     the limitations contained in, this subtitle.
       (M) To serve as the primary liaison between the Bank, 
     Congress, the executive branch, and State and local 
     governments and to represent the Bank's interests.
       (N) To exercise all other lawful powers which are necessary 
     or appropriate to carry out, and are consistent with, the 
     purposes of the Bank.
       (2) Limitations.--
       (A) Issuance of debt security.--The Board may not issue any 
     debt security without the prior consent of the Secretary.
       (B) Issuance of voting security.--The Board may not issue 
     any voting security in the Bank to any entity other than the 
     Secretary.
       (3) Actions consistent with self-supporting entity 
     status.--The Board shall conduct its business in a manner 
     consistent with the requirements of this section.
       (4) Coordination with state and local regulatory 
     authority.--The provision of financial assistance by the 
     Board pursuant to this subtitle shall not be construed as--
       (A) limiting the right of any State or political 
     subdivision or other instrumentality of a State to approve or 
     regulate rates of return on private equity invested in a 
     project; or
       (B) otherwise superseding any State law or regulation 
     applicable to a project.
       (5) Federal personnel requests.--The Board shall have the 
     power to request the detail, on a reimbursable basis, of 
     personnel from other Federal agencies with specific expertise 
     not available from within the Bank or elsewhere. The head of 
     any Federal agency may detail, on a reimbursable basis, any 
     personnel of such agency requested by the Board and shall not 
     withhold unreasonably the detail of any personnel requested 
     by the Board.
       (l) Meetings.--
       (1) Open to the public; notice.--All meetings of the Board 
     held to conduct the business of the Bank shall be open to the 
     public and shall be preceded by reasonable notice.
       (2) Initial meeting.--The Board shall meet not later than 
     90 days after the date on which all directors of the Board 
     are first appointed and otherwise at the call of the 
     Chairperson.
       (3) Exception for closed meetings.--Pursuant to such rules 
     as the Board may establish through their bylaws, the 
     directors may close a meeting of the Board if, at the 
     meeting, there is likely to be disclosed information which 
     could adversely affect or lead to speculation relating to an 
     infrastructure project under consideration for assistance 
     under this subtitle or in financial or securities or 
     commodities markets or institutions, utilities, or real 
     estate. The determination to close any meeting of the Board 
     shall be made in a meeting of the Board, open to the public, 
     and preceded by reasonable notice. The Board shall prepare 
     minutes of any meeting which is closed to the public and make 
     such minutes available as soon as the considerations 
     necessitating closing such meeting no longer apply.

     SEC. 915. EXECUTIVE COMMITTEE.

       (a) In General.--The Board shall have an executive 
     committee consisting of 9 members, headed by the executive 
     director of the Bank.
       (b) Executive Director.--A majority of the Board shall have 
     the authority to appoint and reappoint the executive 
     director.
       (c) CEO.--The executive director shall be the chief 
     executive officer of the Bank, with such executive functions, 
     powers, and duties as may be prescribed by this subtitle, the 
     bylaws of the Bank, or the Board.
       (d) Other Executive Officers.--The Board shall appoint, 
     remove, fix the compensation, and define duties of 8 other 
     executive officers to serve on the Executive Committee as 
     the--
       (1) chief compliance officer;
       (2) chief financial officer;
       (3) chief asset and liability management officer;
       (4) chief loan origination officer;
       (5) chief operations officer;
       (6) chief risk officer;
       (7) chief treasury officer; and
       (8) general counsel.
       (e) Qualifications.--The executive director and other 
     executive officers shall have demonstrated experience and 
     expertise in one or more of the following:
       (1) Transportation infrastructure.
       (2) Environmental infrastructure.
       (3) Energy infrastructure.
       (4) Telecommunications infrastructure.
       (5) Economic development.
       (6) Workforce development.
       (7) Public health.
       (8) Private or public finance.
       (f) Duties.--In order to carry out the purposes of the Bank 
     as set forth in this subtitle, the executive committee 
     shall--
       (1) establish disclosure and application procedures for 
     entities nominating projects for assistance under this 
     subtitle;
       (2) accept, for consideration, project proposals relating 
     to the development of infrastructure projects, which meet the 
     basic criteria established by the Board, and which are 
     submitted by an entity;
       (3) provide recommendations to the Board and place project 
     proposals accepted by the executive committee on a list for 
     consideration for financial assistance from the Board;
       (4) provide technical assistance to entities receiving 
     financing from the Bank and otherwise implement decisions of 
     the Board.
       (g) Vacancy.--A vacancy in the position of executive 
     director shall be filled in the manner in which the original 
     appointment was made.
       (h) Compensation.--The compensation of the executive 
     director and other executive officers of the executive 
     committee shall be determined by the Board.
       (i) Removal.--The executive director and other executive 
     officers may be removed at the discretion of a majority of 
     the Board.
       (j) Term.--The executive director and other executive 
     officers shall serve a 6-year term and may be reappointed in 
     accordance with this section.
       (k) Limitations.--The executive director and other 
     executive officers shall not--
       (1) hold any other public office;
       (2) have any interest in an infrastructure project 
     considered by the Board;
       (3) have any interest in an investment institution, 
     commercial bank, or other entity seeking financial assistance 
     for any infrastructure project from the Bank; and
       (4) have any such interest during the 2-year period 
     beginning on the date such officer ceases to serve in such 
     capacity.

     SEC. 916. RISK MANAGEMENT COMMITTEE.

       (a) Establishment of Risk Management Committee.--The Bank 
     shall establish a risk management committee consisting of 5 
     members, headed by the chief risk officer.

[[Page S9275]]

       (b) Appointments.--A majority of the Board shall have the 
     authority to appoint and reappoint the CRO of the Bank.
       (c) Functions; Duties.--
       (1) In general.--The CRO shall have such functions, powers, 
     and duties as may be prescribed by one or more of the 
     following: this subtitle, the bylaws of the Bank, and the 
     Board. The CRO shall report directly to the Board.
       (2) Risk management duties.--In order to carry out the 
     purposes of this subtitle, the risk management committee 
     shall--
       (A) create financial, credit, and operational risk 
     management guidelines and policies to be adhered to by the 
     Bank;
       (B) set guidelines to ensure diversification of lending 
     activities by both region and infrastructure project type;
       (C) create conforming standards for infrastructure finance 
     securities;
       (D) monitor financial, credit and operational exposure of 
     the Bank; and
       (E) provide financial recommendations to the Board.
       (d) Other Risk Management Officers.--The Board shall 
     appoint, remove, fix the compensation, and define the duties 
     of 4 other risk management officers to serve on the risk 
     management committee.
       (e) Qualifications.--The CRO and other risk management 
     officers shall have demonstrated experience and expertise in 
     one or more of the following:
       (1) Treasury and asset and liability management.
       (2) Investment regulations.
       (3) Insurance.
       (4) Credit risk management and credit evaluations.
       (5) Related disciplines.
       (f) Vacancy.--A vacancy in the position of CRO or any other 
     risk management officer shall be filled in the manner in 
     which the original appointment was made.
       (g) Compensation.--The compensation of the CRO and other 
     risk management officers shall be determined by the Board.
       (h) Removal.--The CRO and any other risk management 
     officers may be removed at the discretion of a majority of 
     the Board.
       (i) Term.--The CRO and other risk management officers shall 
     serve a 6-year term and may be reappointed in accordance with 
     this section.
       (j) Limitations.--The CRO and other risk management 
     officers shall not--
       (1) hold any other public office;
       (2) have any interest in an infrastructure project 
     considered by the Board;
       (3) have any interest in an investment institution, 
     commercial bank, or other entity seeking financial assistance 
     for any infrastructure project from the Bank; and
       (4) have any such interest during the 2-year period 
     beginning on the date such officer ceases to serve in such 
     capacity.

     SEC. 917. AUDIT COMMITTEE.

       (a) In General.--The Bank shall have an audit committee 
     consisting of 5 members, headed by the chief compliance 
     officer of the Bank.
       (b) Appointments.--A majority of the Board shall have the 
     authority to appoint and reappoint the CCO of the Bank.
       (c) Functions; Duties.--The CCO shall have such functions, 
     powers, and duties as may be prescribed by one or more of the 
     following: this subtitle, the bylaws of the Bank, and the 
     Board. The CCO shall report directly to the Board.
       (d) Audit Duties.--In order to carry out the purposes of 
     the Bank under this subtitle, the audit committee shall--
       (1) provide internal controls and internal auditing 
     activities for the Bank;
       (2) maintain responsibility for the accounting activities 
     of the Bank;
       (3) issue financial reports of the Bank; and
       (4) complete reports with outside auditors and public 
     accountants appointed by the Board.
       (e) Other Audit Officers.--The Board shall appoint, remove, 
     fix the compensation, and define the duties of 4 other audit 
     officers to serve on the audit committee.
       (f) Qualifications.--The CCO and other audit officers shall 
     have demonstrated experience and expertise in one or more of 
     the following:
       (1) Internal auditing.
       (2) Internal investigations.
       (3) Accounting practices.
       (4) Financing practices.
       (g) Vacancy.--A vacancy in the position of CCO or any other 
     audit officer shall be filled in the manner in which the 
     original appointment was made.
       (h) Compensation.--The compensation of the CCO and other 
     audit officers shall be determined by the Board.
       (i) Removal.--The CCO and other audit officers may be 
     removed at the discretion of a majority of the Board.
       (j) Term.--The CCO and other audit officers shall serve a 
     6-year term and may be reappointed in accordance with this 
     section.
       (k) Limitations.--The CCO and other audit officers shall 
     not--
       (1) hold any other public office;
       (2) have any interest in an infrastructure project 
     considered by the Board;
       (3) have any interest in an investment institution, 
     commercial bank, or other entity seeking financial assistance 
     for any infrastructure project from the Bank; and
       (4) have any such interest during the 2-year period 
     beginning on the date such officer ceases to serve in such 
     capacity.

     SEC. 918. PERSONNEL.

       The chairperson of the Board, executive director, chief 
     risk officer, and chief compliance officer shall appoint, 
     remove, fix the compensation of, and define the duties of 
     such qualified personnel to serve under the Board, executive 
     committee, risk management committee, or audit committee, as 
     the case may be, as necessary and prescribed by one or more 
     of the following: this subtitle, the bylaws of the Bank, and 
     the Board.

     SEC. 919. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM BANK.

       (a) In General.--No financial assistance shall be available 
     under this subtitle from the Bank unless the applicant for 
     such assistance has demonstrated to the satisfaction of the 
     Board that the project for which such assistance is being 
     sought meets--
       (1) the requirements of this subtitle; and
       (2) any criteria established in accordance with this 
     subtitle by the Board.
       (b) Establishment of Project Criteria.--
       (1) In general.--Consistent with the requirements of 
     subsections (c) and (d), the Board shall establish--
       (A) criteria for determining eligibility for financial 
     assistance under this subtitle;
       (B) disclosure and application procedures to be followed by 
     entities to nominate projects for assistance under this 
     subtitle; and
       (C) such other criteria as the Board may consider to be 
     appropriate for purposes of carrying out this subtitle.
       (2) Factors to be taken into account.--
       (A) In general.--The Bank shall conduct an analysis that 
     takes into account the economic, environmental, social 
     benefits, and costs of each project under consideration for 
     financial assistance under this subtitle, prioritizing 
     projects that contribute to economic growth, lead to job 
     creation, and are of regional or national significance.
       (B) Criteria.--The criteria established pursuant to 
     paragraph (1)(A) shall provide for the consideration of the 
     following factors in considering eligibility for financial 
     assistance under this subtitle:
       (i) The means by which development of the infrastructure 
     project under consideration is being financed, including--

       (I) the terms and conditions and financial structure of the 
     proposed financing; and
       (II) the financial assumptions and projections on which the 
     project is based.

       (ii) The likelihood that the provision of assistance by the 
     Bank will cause such development to proceed more promptly and 
     with lower costs for financing than would be the case without 
     such assistance.
       (iii) The extent to which the provision of assistance by 
     the Bank maximizes the level of private investment in the 
     infrastructure project while providing a public benefit.
       (c) Factors for Specific Types of Projects.--
       (1) Transportation infrastructure projects.--For any 
     transportation infrastructure project, the Board shall 
     consider the following:
       (A) Job creation, including workforce development for women 
     and minorities, responsible employment practices, and quality 
     job training opportunities.
       (B) Reduction in carbon emissions.
       (C) Reduction in surface and air traffic congestion.
       (D) Smart growth in urban areas.
       (E) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (F) Use of smart tolling, such as vehicle miles traveled 
     and congestion pricing, for highway, road, and bridge 
     projects.
       (G) Public health benefits.
       (2) Environmental infrastructure project.--For any 
     environmental infrastructure project, the Board shall 
     consider the following:
       (A) Public health benefits.
       (B) Pollution reductions.
       (C) Job creation, including workforce development for women 
     and minorities, responsible employment practices, and quality 
     job training opportunities.
       (D) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (3) Energy infrastructure project.--For any energy 
     infrastructure project, the Board shall consider the 
     following:
       (A) Job creation, including workforce development for women 
     and minorities, responsible employment practices, and quality 
     job training opportunities.
       (B) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (C) Reduction in carbon emissions.
       (D) Smart growth in urban areas.
       (E) Expanded use of renewable energy, including 
     hydroelectric, solar, and wind.
       (F) Development of a smart grid.
       (G) Energy efficient building, housing, and school 
     modernization.
       (H) In any case in which the project is also a public 
     housing project--
       (i) improvement of the physical shape and layout;
       (ii) environmental improvement; and
       (iii) mobility improvements for residents.
       (I) Public health benefits.
       (4) Telecommunications.--For any telecommunications 
     project, the Board shall consider the following:
       (A) The extent to which assistance expands or improves 
     broadband and wireless services in rural and disadvantaged 
     communities.
       (B) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.

[[Page S9276]]

       (C) Job creation, including work force development for 
     women and minorities, responsible employment practices, and 
     quality job training opportunities.
       (d) Consideration of Project Proposals.--
       (1) Participation by other agency personnel.--Consideration 
     of projects by the executive committee and the Board shall be 
     conducted with personnel on detail to the Bank from relevant 
     Federal agencies from among individuals who are familiar with 
     and experienced in the selection criteria for competitive 
     projects.
       (2) Fees.--A fee may be charged for the review of any 
     project proposal in such amount as maybe considered 
     appropriate by the executive committee to cover the cost of 
     such review.
       (e) Discretion of Board.--Consistent with other provisions 
     of this subtitle, any determination of the Board to provide 
     assistance to any project, and the manner in which such 
     assistance is provided, including the terms, conditions, 
     fees, and charges shall be at the sole discretion of the 
     Board.
       (f) State and Local Permits Required.--The provision of 
     assistance by the Board in accordance with this subtitle 
     shall not be deemed to relieve any recipient of assistance or 
     the related project of any obligation to obtain required 
     State and local permits and approvals.
       (g) Annual Report.--An entity receiving assistance from the 
     Board shall make annual reports to the Board on the use of 
     any such assistance, compliance with the criteria set forth 
     in this section, and a disclosure of all entities with a 
     development, ownership, or operational interest in a project 
     assisted or proposed to be assisted under this subtitle.

     SEC. 920. EXEMPTION FROM LOCAL TAXATION.

       All notes, debentures, bonds or other such obligations 
     issued by the Bank, and the interest on or credits with 
     respect to such bonds or other obligations, shall not be 
     subject to taxation by any State, county, municipality, or 
     local taxing authority.

     SEC. 921. STATUS AND APPLICABILITY OF CERTAIN FEDERAL LAWS; 
                   FULL FAITH AND CREDIT.

       (a) Budgeting and Auditors Practices.--The Bank shall 
     comply with all Federal laws regulating the budgetary and 
     auditing practices of a government corporation, except as 
     otherwise provided in this subtitle.
       (b) Full Faith and Credit.--Any bond or other obligation 
     issued by the Bank under this subtitle shall be an obligation 
     supported by the full faith and credit of the United States.
       (c) Effect of and Exemptions From Other Laws.--
       (1) Exempt securities.--All debt securities and other 
     obligations issued by the Bank pursuant to this subtitle 
     shall be deemed to be exempt securities within the meaning of 
     laws administered by the Securities and Exchange Commission 
     to the same extent as securities which are direct obligations 
     of, or obligations fully guaranteed as to principal or 
     interest by, the United States.
       (2) Open market operations and state tax exempt status.--
     The obligations of the Bank shall be deemed to be obligations 
     of the United States for the purposes of the provision 
     designated as (b)(2) of the 2nd undesignated paragraph of 
     section 14 of the Federal Reserve Act (12 U.S.C. 355) and 
     section 3124 of title 31, United States Code.
       (3) No priority as a federal claim.--The priority 
     established in favor of the United States by section 3713 of 
     title 31, United States Code, shall not apply with respect to 
     any indebtedness of the Bank.
       (d) Federal Reserve Banks as Depositories, Custodians, and 
     Fiscal Agents.--The Federal reserve banks may act as 
     depositories for, or custodians or fiscal agents of, the 
     Bank.
       (e) Access to Book-entry System.--The Secretary may 
     authorize the Bank to use the book-entry system of the 
     Federal reserve system.

     SEC. 922. COMPLIANCE WITH DAVIS-BACON ACT.

       All laborers and mechanics employed by contractors and 
     subcontractors on projects funded directly by or assisted in 
     whole or in part by and through the Bank pursuant to this 
     subtitle shall be paid wages at rates not less than those 
     prevailing on projects of a character similar in the locality 
     as determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of part A of title 40, United 
     States Code. With respect to the labor standards specified in 
     this section, the Secretary of Labor shall have the authority 
     and functions set forth in Reorganization Plan Numbered 14 of 
     1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 
     40, United States Code.

     SEC. 923. APPLICABILITY OF CERTAIN STATE LAWS.

       The receipt by any entity of any assistance under this 
     subtitle, directly or indirectly, and any financial 
     assistance provided by any governmental entity in connection 
     with such assistance under this subtitle shall be valid and 
     lawful notwithstanding any State or local restrictions 
     regarding extensions of credit or other benefits to private 
     persons or entities, or other similar restrictions.

     SEC. 924. AUDITS; REPORTS TO PRESIDENT AND CONGRESS.

       (a) Accounting.--The books of account of the Bank shall be 
     maintained in accordance with generally accepted accounting 
     principles and shall be subject to an annual audit by 
     independent public accountants appointed by the Board and of 
     nationally recognized standing.
       (b) Reports.--
       (1) Board.--The Board shall submit to the President and 
     Congress, within 90 days after the last day of each fiscal 
     year, a complete and detailed report with respect to the 
     preceding fiscal year, setting forth--
       (A) a summary of the Bank's operations, for such preceding 
     fiscal year;
       (B) a schedule of the Bank's obligations and capital 
     securities outstanding at the end of such preceding fiscal 
     year, with a statement of the amounts issued and redeemed or 
     paid during such preceding fiscal year; and
       (C) the status of projects receiving funding or other 
     assistance pursuant to this subtitle, including disclosure of 
     all entities with a development, ownership, or operational 
     interest in such projects.
       (2) GAO.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report evaluating 
     activities of the Bank for the fiscal years covered by the 
     report that includes an assessment of the impact and benefits 
     of each funded project, including a review of how effectively 
     each project accomplished the goals prioritized by the Bank's 
     project criteria.
       (c) Books and Records.--
       (1) In general.--The Bank shall maintain adequate books and 
     records to support the financial transactions of the Bank 
     with a description of financial transactions and 
     infrastructure projects receiving funding, and the amount of 
     funding for each project maintained on a publically 
     accessible database.
       (2) Audits by the secretary and gao.--The books and records 
     of the Bank shall be maintained in accordance with 
     recommended accounting practices and shall be open to 
     inspection by the Secretary and the Comptroller General of 
     the United States.

     SEC. 925. CAPITALIZATION OF BANK.

       (a) Authorization of Appropriation.--Subject to subsection 
     (b), there is authorized to be appropriated to the Secretary 
     for purchase of the shares of the Bank $15,000,000,000 for 
     each of fiscal years 2011 and 2012, with the aggregate 
     representing 10 percent of the total subscribed capital of 
     the Bank.
       (b) Reservation for Rural Areas.--For each fiscal year, not 
     less than 20 percent of any amounts appropriated to carry out 
     this subtitle shall be used to finance projects in rural 
     areas.
       (c) Callable Capital.--Of the total subscribed capital of 
     the Bank, 90 percent shall be callable capital subject to 
     call from the Secretary only as and when required by the Bank 
     to meet its obligations on borrowing of funds for inclusion 
     in its ordinary capital resources or guarantees chargeable to 
     such resources.
       (d) Outstanding Loans.--At any time, the aggregate amount 
     outstanding of bonds issued by the Bank shall not exceed 250 
     percent of its total subscribed capital.

     SEC. 926. SUNSET.

       The Bank shall cease to exist 15 years after the date of 
     enactment of this Act.

                 Subtitle C--Energy and Water Programs

     SEC. 931. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 
                   PROGRAM.

       In addition to the amounts made available under section 
     548(a)(1) of the Energy Independence and Security Act of 2007 
     (42 U.S.C. 17158(a)(1)), there is authorized to be 
     appropriated to carry out the Energy Efficiency and 
     Conservation Block Grant Program established under 542(a) of 
     that Act (42 U.S.C. 17152(a)) $3,000,000,000 for each of 
     fiscal years 2011 and 2012, to remain available until 
     expended.

     SEC. 932. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

       (a) Authorization of Appropriations.--Subject to 
     subsections (b) through (j), there is authorized to be 
     appropriated to carry out title VI of the Federal Water 
     Pollution Control Act (33 U.S.C. 1381 et seq.) $2,500,000,000 
     for each of fiscal years 2011 and 2012, to remain available 
     until expended.
       (b) Management and Oversight.--Of the amounts made 
     available under subsection (a), the Administrator of the 
     Environmental Protection Agency (referred to in this subtitle 
     as the ``Administrator'') may reserve not more than 1 percent 
     for management and oversight purposes.
       (c) Non-Federal Share.--A capitalization grant provided 
     using the funds made available under subsection (a) shall not 
     be subject to the non-Federal share requirements of section 
     202 of the Federal Water Pollution Control Act (33 U.S.C. 
     1282) or paragraph (2) or (3) of section 602(b) of that Act 
     (33 U.S.C. 1382(b)).
       (d) Reallocation.--The Administrator shall reallocate the 
     funds made available under subsection (a) for eligible 
     projects that are not under contract or construction during 
     the 1-year period beginning on the date of enactment of this 
     Act.
       (e) Priority.--Notwithstanding the priority rankings a 
     project would otherwise receive under the program under title 
     VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
     et seq.), priority for the funds made available under 
     subsection (a) shall be given to projects that--
       (1) are included on a State priority list; and
       (2) are ready to proceed to construction during the 1-year 
     period beginning on the date of enactment of this Act.
       (f) Forms of Assistance.--Notwithstanding section 603(d) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1383(d)), 
     of the amount of a capitalization grant provided using the 
     funds made available under

[[Page S9277]]

     subsection (a), a State shall use not less than 50 percent to 
     provide additional subsidization to eligible recipients in 
     the form of--
       (1) forgiveness of principal;
       (2) negative interest loans;
       (3) grants; or
       (4) any combination of those forms.
       (g) Green Energy.--To the extent that sufficient eligible 
     project applications exist, not less than 20 percent of the 
     funds made available under subsection (a) shall be used for 
     projects to address--
       (1) green infrastructure;
       (2) water or energy efficiency improvements; or
       (3) other environmentally innovative activities.
       (h) Indian Tribes.--
       (1) In general.--Notwithstanding the limitation specified 
     in subsection (c) of section 518 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1377), the Administrator may 
     reserve not more than 1.5 percent of the funds made available 
     under subsection (a) for grants to Indian tribes under that 
     section.
       (2) Indian health service.--Of the amount reserved under 
     paragraph (1), the Administrator may transfer to the Indian 
     Health Service not more than 4 percent to support management 
     and oversight of tribal projects.
       (i) Prohibition.--No funds made available under subsection 
     (a) shall be available for the purchase of any land or 
     easement pursuant to section 603(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1383(c)).
       (j) Debt Obligations.--Notwithstanding section 603(d)(2) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1383(d)(2)), the funds made available under subsection (a) 
     may be used to purchase, refinance, or restructure the debt 
     obligation of an eligible recipient only in a case in which 
     the debt obligation was incurred on or after October 1, 2008.

     SEC. 933. STATE DRINKING WATER REVOLVING LOAN FUNDS.

       (a) Authorization of Appropriations.--Subject to 
     subsections (b) through (j), there is authorized to be 
     appropriated to carry out section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12) $2,500,000,000 for each of 
     fiscal years 2011 and 2012, to remain available until 
     expended.
       (b) Management and Oversight.--Of the amounts made 
     available under subsection (a), the Administrator of the 
     Environmental Protection Agency (referred to in this subtitle 
     as the ``Administrator'') may reserve not more than 1 percent 
     for management and oversight purposes.
       (c) Non-Federal Share.--A capitalization grant provided 
     using the funds made available under subsection (a) shall not 
     be subject to the non-Federal share requirements of section 
     1452(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
     12(e)).
       (d) Reallocation.--The Administrator shall reallocate the 
     funds made available under subsection (a) for eligible 
     projects that are not under contract or construction during 
     the 1-year period beginning on the date of enactment of this 
     Act.
       (e) Priority.--Notwithstanding the priority rankings a 
     project would otherwise receive under the program under 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12), priority for the funds made available under subsection 
     (a) shall be given to projects that--
       (1) are included on a State priority list; and
       (2) are ready to proceed to construction during the 1-year 
     period beginning on the date of enactment of this Act.
       (f) Forms of Assistance.--Notwithstanding section 1452(f) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)), of the 
     amount of a capitalization grant provided using the funds 
     made available under subsection (a), a State shall use not 
     less than 50 percent to provide additional subsidization to 
     eligible recipients in the form of--
       (1) forgiveness of principal;
       (2) negative interest loans;
       (3) grants; or
       (4) any combination of those forms.
       (g) Green Energy.--To the extent that sufficient eligible 
     project applications exist, not less than 20 percent of the 
     funds made available under subsection (a) shall be used for 
     projects to address--
       (1) green infrastructure;
       (2) water or energy efficiency improvements; or
       (3) other environmentally innovative activities.
       (h) Indian Health Service.--Of the amounts made available 
     under subsection (a) that are reserved under for allocation 
     to Indian tribes and Alaska Native villages under section 
     1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-
     12(i)), the Administrator may transfer to the Indian Health 
     Service not more than 4 percent to support management and 
     oversight of tribal projects.
       (i) Prohibition.--No funds made available under subsection 
     (a) shall be available for any activity authorized under 
     section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(k)).
       (j) Debt Obligations.--Notwithstanding section 1452(f)(2) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(2)), the 
     funds made available under subsection (a) may be used to 
     purchase, refinance, or restructure the debt obligation of an 
     eligible recipient only in a case in which the debt 
     obligation was incurred on or after October 1, 2008.

     SEC. 934. STATE ENERGY CONSERVATION PLANS.

       There is authorized to be appropriated to the Secretary of 
     Energy to provide grants for State renewable energy and 
     efficiency projects under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.) 
     $2,000,000,000 for each of fiscal years 2011 and 2012, to 
     remain available until expended.

     SEC. 935. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE 
                   ENERGY AND ELECTRIC POWER TRANSMISSION 
                   PROJECTS.

       There is authorized to be appropriated to the Secretary of 
     Energy to make loan guarantees under section 1705 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16516) for renewable 
     energy, biofuel, and electric grid projects $1,000,000,000 
     for each of fiscal years 2011 and 2012.

     SEC. 936. EXTENSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``shall not exceed $2,300,000,000.'' in 
     subsection (d)(1)(B) and inserting ``shall not exceed--
       ``(i) $2,300,000,000 in the case of taxable years beginning 
     during the 2-year period beginning on the date the Secretary 
     establishes the program under this paragraph,
       ``(ii) $1,000,000,000 in the case of taxable years 
     beginning during the 1-year period immediately following such 
     2-year period, and
       ``(iii) $1,000,000,000 in the case of taxable years 
     beginning during the 1-year period immediately following the 
     1-year period described in clause (ii).'', and
       (2) by striking ``2-year period'' in subsection (d)(2)(A) 
     and inserting ``4-year period''.
       (b) Effective Date.--The amendments made by this section 
     shall apply as if included in the amendments made by section 
     1302 of the American Recovery and Reinvestment Tax Act of 
     2009.

     SEC. 937. LAND AND WATER CONSERVATION FUND.

       (a) Purposes.--The purposes of the amendments made by 
     subsection (b) are--
       (1) to provide consistent and reliable authority for, and 
     for the funding of, the land and water conservation fund 
     established under section 2 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and
       (2) to maximize the effectiveness of the fund for future 
     generations.
       (b) Amendments.--
       (1) Permanent authorization.--Section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is 
     amended--
       (A) in the matter preceding subsection (a), by striking 
     ``During the period ending September 30, 2015, there'' and 
     inserting ``There''; and
       (B) in subsection (c)(1), by striking ``through September 
     30, 2015''.
       (2) Full funding.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended 
     to read as follows:

     ``SEC. 3. AVAILABILITY OF FUNDS.

       ``Monies covered into the fund under section 2 shall be 
     available for expenditure to carry out the purposes of this 
     Act, without further appropriation.''.

     SEC. 938. FLOOD CONTROL PROJECTS.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Army, acting 
     through the Chief of Engineers, for the purposes described in 
     subsection (b), $1,000,000,000 for each of fiscal years 2011 
     and 2012.
       (b) Use of Amounts.--
       (1) In general.--Subject to paragraph (2), amounts 
     appropriated under subsection (a) shall be used to carry out 
     Corps of Engineer projects relating to navigable channels, 
     including projects that--
       (A) reduce flood and storm damage;
       (B) restore aquatic ecosystems; or
       (C) relate to municipal water or wastewater.
       (2) Allocation of amounts.--For each project funded under 
     this section--
       (A) 50 percent of the amount allocated to carry out the 
     project shall be used for construction; and
       (B) 50 percent of the amount allocated to carry out the 
     project shall be used for operations and maintenance.

                      Subtitle D--Housing Programs

     SEC. 941. NATIONAL HOUSING TRUST FUND.

       There is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the Housing Trust Fund 
     established pursuant to section 1338 of the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992 (12 
     U.S.C. 4568), $1,500,000,000 to the Secretary of Housing and 
     Urban Development to provide grants to States to build, 
     preserve, and rehabilitate rental homes that are affordable 
     for very low-income families: Provided, That notwithstanding 
     the limitations set forth in subsection (c) of such section 
     1338, each State shall be entitled to receive a minimum 
     allocation of amounts made available under this heading equal 
     to the greater of $3,000,000 or 0.5 percent of the total 
     amount of funds made available in that fiscal year.

     SEC. 942. GREEN RETROFIT PROGRAM.

       There is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for energy retrofit and green 
     investments under the grant program established under the 
     subheading ``Assisted Housing Stability And Energy And Green 
     Retrofit Investments'' under the heading ``Housing Programs'' 
     under title XII of division A of the American Recovery and 
     Reinvestment Act of 2009, $500,000,000: Provided, That in 
     addition to the assisted

[[Page S9278]]

     housing deemed eligible to receive grants under such heading, 
     that such grant amounts may be made available to housing that 
     is receiving or has received assistance pursuant to the HOME 
     Investment Partnerships program under title II of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12721 et seq.), the community development block grant program 
     under title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.), or the low-income housing tax 
     credit allocated pursuant to section 42 of the Internal 
     Revenue Code of 1986: Provided further, That grant amounts 
     made available under this heading shall be awarded on a 
     competitive basis nationwide: Provided further, That grant 
     amounts made available under this heading shall be available 
     for housing of not less than 20 units: Provided further, That 
     in allocating grants under this heading, the Secretary of 
     Housing and Urban Development shall (1) ensure that such 
     grants are made in a manner that balances the needs of rural 
     and urban communities, and (2) ensure an equitable geographic 
     distribution of funds.

                     TITLE X--BUDGETARY PROVISIONS

     SEC. 1001. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on this conference 
     report or amendment between the Houses.

     SEC. 1002. EMERGENCY DESIGNATIONS.

       (a) Statutory Paygo.--This Act is designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)) except to the extent that the budgetary 
     effects of this Act are determined to be subject to the 
     current policy adjustments under sections 4(c) and 7 of the 
     Statutory Pay-As-You-Go Act.
       (b) Senate.--In the Senate, this Act is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this Act is expressly 
     designated as an emergency for purposes of pay-as-you-go 
     principles except to the extent that any such provision is 
     subject to the current policy adjustments under section 4(c) 
     of the Statutory Pay-As-You-Go Act of 2010.

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