[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[Senate]
[Pages S9278-S9580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 EXPLANATORY STATEMENT SUBMITTED BY SENATOR DANIEL K. INOUYE REGARDING 
THE PROPOSED AMENDMENT TO THE AMENDMENT OF THE HOUSE OF REPRESENTATIVES 
                  TO THE SENATE AMENDMENT TO H.R. 3082

       Following is an explanation of the amendment proposed by 
     Senator Daniel K. Inouye to the amendment of the House to the 
     amendment of the Senate to H.R. 3082, the Military 
     Construction and Veterans Affairs and Related Agencies 
     Appropriations Act, 2010, including disclosure of 
     congressionally directed spending items as defined in rule 
     XLIV of the Standing Rules of the Senate. Section 4 of the 
     amendment specifies that this explanatory statement 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.
       Sections one through six provide the title, table of 
     contents, references, clarification on the explanatory 
     statement, emergency designation and statement of 
     appropriations. Sections 7 through 12 provide direction 
     across all divisions banning pay raises for Federal civilian 
     employees, rescinding funding for administrative costs, and 
     establshing other authorities and restrictions on government 
     activities. Divisions A through L provide detailed 
     explanation and guidance on governing the Appropriations 
     contained in this Act as described in detail below.
       Division M contains the text of the Food Safety Bill (S. 
     510) that previously passed the Senate, was added to the 
     House amendment to the Senate amendment, and is included in 
     this amendment. The bill was added in order to meet certain 
     procedural requirements.

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

       Following is an explanation of the effects of Division A, 
     which makes appropriations for the Department of Agriculture 
     and Food and Drug Administration for fiscal year 2011. As 
     provided in Section 4 of the consolidated bill, this 
     explanatory statement shall have the same effect with respect 
     to the allocation of funds and the implementation of this 
     division as if it were a joint explanatory statement of a 
     committee of conference.

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

       The bill provides $5,338,000 for the Office of the 
     Secretary.
       In carrying out the provisions of this Act, the Department 
     shall follow the directives provided in Senate Report 111-221 
     unless otherwise modified by this Act or Explanatory 
     Statement. Reports requested in Senate Report 111-221 or this 
     Explanatory Statement are due 90 days after the enactment of 
     this Act unless a specific due date is provided. The 
     Department is directed, through the Office of Budget and 
     Program Analysis, to provide all reports and studies to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate (hereafter referred to as ``the Committees'') 
     in both an electronic and hard copy format.
       The Secretary is directed to provide quarterly reports to 
     the Committees on the status of obligations and funds 
     availability for the loan and grant programs provided in this 
     bill. The Secretary is further directed that if an estimate 
     of loan activity for any program funded in Titles I and III 
     of this Act indicates that a limitation on authority to make

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     commitments for a fiscal year will be reached before the end 
     of that fiscal year, or in any event whenever 75 per cent of 
     the authority to make commitments has been utilized, the 
     Secretary shall promptly so notify the Committees.

                       Office of Tribal Relations

       The bill provides $1,010,000 for the Office of Tribal 
     Relations.

                   Healthy Food Financing Initiative

       The bill provides $35,000,000 for the Healthy Food 
     Financing Initiative.

                          Executive Operations


                     OFFICE OF THE CHIEF ECONOMIST

       The bill provides $13,100,000 for the Office of the Chief 
     Economist.


                       NATIONAL APPEALS DIVISION

       The bill provides $15,417,000 for the National Appeals 
     Division.


                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

       The bill provides $9,547,000 for the Office of Budget and 
     Program Analysis.

                      Office of Homeland Security

       The bill provides $1,876,000 for the Office of Homeland 
     Security (OHS).
       The Committees are concerned that OHS is charging other 
     offices for positions for which funding has not been provided 
     previously and is not included in the budget request. The 
     Department is directed to stop charging other offices for 
     these positions and to request the funding through the normal 
     budget process.

                    Office of Advocacy and Outreach

       The bill provides $6,209,000 for the Office of Advocacy and 
     Outreach.

                Office of the Chief Information Officer

       The bill provides $61,719,000 for the Office of the Chief 
     Information Officer.

                 Office of the Chief Financial Officer

       The bill provides $6,632,000 for the Office of the Chief 
     Financial Officer.
       Assessments that USDA charges its agencies for government-
     wide and department-wide activities continue to escalate. The 
     Chief Financial Officer is directed to scrutinize the need 
     for each activity for which an assessment is proposed; to 
     consider its benefit to the mission of each agency; and to 
     limit spending wherever possible.

           Office of the Assistant Secretary for Civil Rights

       The bill provides $907,000 for the Office of the Assistant 
     Secretary for Civil Rights.

                         Office of Civil Rights

       The bill provides $24,133,000 for the Office of Civil 
     Rights.

          Office of the Assistant Secretary for Administration

       The bill provides $814,000 for the Office of the Assistant 
     Secretary for Administration.

        Agriculture Buildings and Facilities and Rental Payments


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $261,608,000 for Agriculture Buildings 
     and Facilities and Rental payments. The bill includes an 
     increase of $1,417,000 for repair and maintenance needs and/
     or for South Building modernization.

                     Hazardous Materials Management


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $5,139,000 for Hazardous Materials 
     Management.

                      Departmental Administration


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $29,706,000 for Departmental 
     Administration.

     Office of the Assistant Secretary for Congressional Relations


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $4,008,000 for the Office of the 
     Assistant Secretary for Congressional Relations.
       The Department is directed to notify the Committees, within 
     30 days of enactment of this Act, of the allocation of these 
     funds by USDA agency, along with an explanation of the 
     agency-by-agency distribution of the funds as well as the 
     staff years funded by these transfers.

                        Office of Communications

       The bill provides $9,839,000 for the Office of 
     Communications.

                      Office of Inspector General

       The bill provides $94,300,000 for the Office of Inspector 
     General.

                     Office of the General Counsel

       The bill provides $44,104,000 for the Office of the General 
     Counsel.

  Office of the Under Secretary for Research, Education and Economics

       The bill provides $904,000 for the Office of the Under 
     Secretary for Research, Education and Economics.
       USDA is directed to engage with farmers, land grant 
     universities, State departments of agriculture, and the 
     private sector to identify issues and to develop solutions 
     related to weed resistance that are practicable, cost-
     effective, and minimize environmental impacts. The Chief 
     Scientist, in consultation with the Chief of the Natural 
     Resources Conservation Service, shall provide the Committees 
     with a report, which should include details on USDA's 
     research on weed resistance to date, a future research 
     agenda, and outreach efforts undertaken in carrying out this 
     directive.

                       Economic Research Service

       The bill provides $83,671,000 for the Economic Research 
     Service (ERS). This includes increases of $1,500,000 to 
     improve user access to statistical data provided by ERS; 
     $1,000,000 for economic research on the access to affordable 
     and nutritious food by low-income communities; $990,000 for 
     data integrity measures; and assumes all savings proposed in 
     the budget request.

                National Agricultural Statistics Service

       The bill provides $161,371,000 for the National 
     Agricultural Statistics Service. This includes increases of 
     $2,500,000 to enhance the annual county estimates program; 
     $250,000 to begin a comprehensive data series on organic 
     production, handling and distribution; $200,000 to enhance 
     remote sensing activities; and assumes all savings proposed 
     in the budget request.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       The bill provides $1,199,986,000 for the Agricultural 
     Research Service (ARS), Salaries and Expenses. This includes 
     the following increases, as requested in the budget: 
     $2,150,000 for increased food safety research; $290,000 for 
     research aimed at reducing world hunger; $2,750,000 
     for increased research on human nutrition; $1,800,000 for 
     Regional Biofuels Feedstocks Research and Demonstration 
     Centers; $500,000 for research on colony collapse disorder; 
     $250,000 for research regarding locally grown foods; $250,000 
     for crop breeding to enhance food production and security; 
     $1,600,000 for enhancing plant breeding for insect and 
     disease resistance; and $1,625,000 for research on global 
     climate change.
       The ARS budget proposal regarding laboratory closures is 
     not accepted, and ARS is expected to continue research at 
     those locations.
       Additionally, the following funding increases are included: 
     $2,750,000 to mitigate the constraints placed upon the 
     National Program Initiative of Bioenergy/Biomass and 
     Production Systems for Sustainable Agriculture, especially 
     the availability and cost of energy, water, feed, fertilizer, 
     and technology to control invasive pest species; $250,000 to 
     study new production practices and systems that can maximize 
     yield of high quality feedstock; $250,000 to develop 
     management practices that improve the production efficiency 
     of cattle grazing operations in temperate pastures; $500,000 
     for research regarding what nutrients and dietary factors are 
     needed to optimize infant and child development, and what 
     infants should be fed to reduce childhood diseases and 
     diseases they will experience later as adults; $1,500,000 for 
     expanded research on the emerging serotype of Bluetongue 
     virus, zoonotic Rift Valley Fever virus, African Swine Fever, 
     and Classical Swine Fever to develop countermeasures and 
     control insect vectors; $750,000 for cranberry research; 
     $250,000 to research and improve the properties of pulse 
     crops as food ingredients; $500,000 to provide solutions and 
     management practices for controlling invasive species and 
     restoring ecosystem structure and function; and $2,500,000 to 
     accelerate efforts to develop land use systems and new 
     conservation tools to support the long-term future of rural 
     and urban working farms and landscapes.
       Of the funding provided to restore human nutrition 
     research, $350,000 is for Boston, MA; $300,000 is for 
     Houston, TX; and $1,000,000 is for Kannapolis, NC.
       The ARS is encouraged to expand the work it is doing in 
     collaboration with the Great Lakes Water Institute and the 
     Milwaukee Water Council regarding the production of yellow 
     perch, whose populations have decreased significantly in 
     recent years.
       In response to the recent discovery of citrus black spot, 
     ARS is encouraged to provide scientific assistance to the 
     Animal and Plant Health Inspection Service as needed.
       The following is a list of Congressionally-designated 
     projects:

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                         INTEGRATED ACTIVITIES

       The bill provides $60,173,000 for Integrated Activities.
       The following table reflects the bill:

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  Office of the Under Secretary for Marketing and Regulatory Programs

       The bill provides $904,000 for the Office of the Under 
     Secretary for Marketing and Regulatory Programs.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $903,794,000 for the Animal and Plant 
     Health Inspection Service (APHIS), Salaries and Expenses.
       The bill provides $3,850,000 for animal disease 
     traceability. It includes a minimum of $360,000 for blackbird 
     management and an increase of $1,500,000 for the Center for 
     Veterinary Biologics.
       There was a recent discovery of citrus black spot. APHIS is 
     encouraged to continue to determine the extent of the 
     infestation and implement the necessary measures to prevent 
     the spread of the disease and to collaborate with, and 
     utilize the scientific expertise of universities and ARS, as 
     necessary, to develop methods to control and eradicate the 
     disease.
       APHIS is encouraged to support research and assist states 
     and localities in controlling the spread of emerald ash 
     borer.
       There are difficulties in effectively addressing the cattle 
     fever tick problem on the southern border of the United 
     States. APHIS is urged to work with the livestock industry, 
     including local businesses, nonprofits, and universities, to 
     incorporate and implement new methods and strategies 
     developed independently and cooperatively as part of the 
     Cattle Fever Tick Eradication Program.
       APHIS is encouraged to use an appropriate portion of the 
     funding provided for sudden oak death (Phytophthora ramorum) 
     to determine the actual level of infection in nurseries in 
     all regions of the country through rigorous and expanded 
     survey and to promote the development and testing of new 
     systems of nursery pest and disease management.
       Infectious disease outbreaks within the equine community 
     thereaten the biological and commercial health of the U.S. 
     horse industry and have occurred with increased frequency 
     over the last several years. APHIS is encouraged to develop a 
     comprehensive plan to respond to equine infectious diseases, 
     including their prevention, diagnosis, and containment.
       APHIS shall provide the Committees with a report on the 
     current availability and use of electronic animal health 
     certificates. The report should solicit input from State 
     Veterinarians, animal health practitioners, and livestock 
     producers. In particular, the report should focus on user 
     experiences with the currently available systems and 
     compatibility issues among systems.
       The following table reflects the bill:

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                        BUILDINGS AND FACILITIES

       The bill provides $4,536,000 for the Animal and Plant 
     Health Inspection Service, Buildings and Facilities.

                     Agricultural Marketing Service


                           MARKETING SERVICES

       The bill provides $96,645,000 for marketing services of the 
     Agricultural Marketing Service. The bill provides the 
     following increases: $150,000 for the Market News Program to 
     expand coverage of organic production and distribution 
     markets; $891,000 for the Pesticide Data Program; $250,000 
     for the Microbiological Data Program to enter into a sampling 
     agreement with the State of Arizona; $3,111,000 for the 
     National Organic Program for regulatory review and 
     enforcement; and $460,000 for Wholesale, Farmers, and 
     Alternative Markets.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The bill includes a limitation of $60,947,000 for the 
     Agricultural Marketing Service, Limitation on Administrative 
     Expenses.


    FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $20,283,000 for the Agricultural 
     Marketing Service, Funds for Strengthening Markets, Income, 
     and Supply.
       The Secretary is directed to provide notification to the 
     Committees in advance of any public announcement or release 
     of section 32 funds under the authority described in clause 3 
     of 7 U.S.C. 612c.


                   PAYMENTS TO STATES AND POSSESSIONS

       The bill provides $2,484,000 for the Agricultural Marketing 
     Service, Payments to States and Possessions.

        Grain Inspection, Packers and Stockyards Administration


                         SALARIES AND EXPENSES

       The bill provides $43,742,000 for the Grain Inspection, 
     Packers and Stockyards Administration, Salaries and Expenses.
       The agency is expected to strongly consider the submitted 
     comments regarding the practical and economic impact that 
     aspects of the proposed rule on the marketing of meat 
     products may have on the smooth operation of commerce within 
     the livestock industry. For example, consideration should be 
     given to the impact the packer-to-packer prohibition may have 
     on the marketplace or how the proposed rule may impact 
     producers' abilities to enter into marketing agreements that 
     provide premiums for their products.


        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

       The bill includes a limitation of $50,000,000 for the Grain 
     Inspection, Packers and Stockyards Administration, Limitation 
     on Inspection and Weighing Services Expenses.

             Office of the Under Secretary for Food Safety

       The bill provides $821,000 for the Office of the Under 
     Secretary for Food Safety.

                   Food Safety and Inspection Service

       The bill provides $1,047,200,000 for the Food Safety and 
     Inspection Service.
       FSIS is directed to use its appropriated funds for 
     activities directly in support of the public health to the 
     maximum available extent before using them for bonus awards 
     for senior officials and report on bonuses awarded to senior 
     officials for fiscal year 2010.

         Food Safety and Inspection Service Funding by Activity

Food Safety and Inspection:
  Federal..................................................$919,248,000
  State......................................................65,118,000
  International..............................................19,461,000
CODEX.........................................................3,903,000
Public Health Data Communication Infrastructure System.......39,470,000
                                                       ________________
                                                       
  Total..................................................$1,047,200,000

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       The bill provides $904,000 for the Office of the Under 
     Secretary for Farm and Foreign Agricultural Services.
       The Secretary is encouraged further to develop adequate 
     standardization of quality control mechanisms for commodities 
     used for food aid and to use funds from the CCC to supplement 
     inspections of such commodities in order to avoid breaks in 
     food pipelines and to maintain an orderly conveyance of food 
     to affected populations.

                          Farm Service Agency


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,325,650,000 for the Farm Service 
     Agency, Salaries and Expenses, which includes $18,000,000 for 
     the Common Computing Environment and $38,300,000 for MIDAS.
       Of this, the bill provides $24,000,000, the same as last 
     year's level, for the National Agricultural Imagery Program 
     (NAIP). This amount is in addition to any provided by 
     cooperating funds from any other federal, state, or local 
     government for NAIP.


                         STATE MEDIATION GRANTS

       The bill provides $4,185,000 for State Mediation Grants.


               GRASSROOTS SOURCE WATER PROTECTION PROGRAM

       The bill provides $5,500,000 for the Grassroots Source 
     Water Protection Program.


                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides an appropriation of such sums as may be 
     necessary for the Dairy Indemnity Program.


           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $471,815,000 for the Agricultural Credit 
     Insurance Fund Program Account.
       The following table reflects the amounts provided in the 
     bill:
Farm Ownership Loans:
  Direct.................................................($475,000,000)
  Subsidy....................................................32,870,000
  Guaranteed............................................(1,500,000,000)
  Subsidy.....................................................5,700,000
Farm Operating Loans:
  Direct.................................................($900,000,000)
  Subsidy....................................................54,540,000
  Unsubsidized Guaranteed...............................(1,500,000,000)
  Subsidy....................................................34,950,000
  Subsidized Guaranteed...................................(144,035,000)
  Subsidy....................................................19,920,000
Indian Tribe Land Acquisition Conservation:                (10,000,000)
  Direct...................................................(75,000,000)
  Subsidy.....................................................2,243,000
  Guaranteed...............................................(75,000,000)
  Subsidy.......................................................285,000
Indian Highly Fractionated Land                            (10,000,000)
  Subsidy.......................................................214,000
Boll Weevil Eradication                                   (100,000,000)
ACIF Expenses:
  Salaries and Expenses....................................$313,173,000
  Administrative Expenses.....................................7,920,000

                         Risk Management Agency

       The bill provides $83,064,000 for the Risk Management 
     Agency.

                              Corporations

                Federal Crop Insurance Corporation Fund

       The bill provides an appropriation of such sums as may be 
     necessary for the Federal Crop Insurance Corporation Fund.

                   Commodity Credit Corporation Fund


                 REIMBURSEMENT FOR NET REALIZED LOSSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides an appropriation of such sums as may be 
     necessary for Reimbursement for Net Realized Losses of the 
     Commodity Credit Corporation.

                       Hazardous Waste Management


                        (LIMITATION ON EXPENSES)

       The bill provides a limitation of $5,000,000 for Hazardous 
     Waste Management.

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       The bill provides $904,000 for the Office of the Under 
     Secretary for Natural Resources and Environment.

                 Natural Resources Conservation Service


                        CONSERVATION OPERATIONS

       The bill provides $922,433,000 for Conservation Operations, 
     which includes $5,000,000 for streamlining and integrating 
     business model tools; $7,500,000 for strategic watershed 
     action teams; $15,500,000 for modernization and upgrades of 
     the Common Computing Environment; $250,000 for the soil 
     climate analysis network; and an additional $500,000 above 
     the budget request for snow surveys.
       The following is a list of Congressionally-designated 
     projects:

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               WATERSHED AND FLOOD PREVENTION OPERATIONS

       The bill provides $18,485,000 for Watershed and Flood 
     Prevention Operations.

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                    watershed rehabilitation program

       The bill provides $20,497,000 for the Watershed 
     Rehabilitation Program.
       Funding under this program is to be provided for 
     rehabilitation of structures determined to be of high 
     priority need in order to protect property and ensure public 
     safety.


                 resource conservation and development

       The bill provides $50,730,000 for Resource Conservation and 
     Development.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       The bill provides $904,000 for the Office of the Under 
     Secretary for Rural Development. The Secretary is directed to 
     provide a report, by September 30, 2011, to the Committees 
     detailing performance results of the Regional Innovation 
     Initiative.
       The Secretary is encouraged to consider the statutory 
     requirements authorized in the 2008 Farm Bill when issuing 
     the final rule for the Rural Energy for America Program. The 
     2008 Farm Bill did not restrict the application of this 
     program to agricultural producers in rural areas. The 
     Secretary is directed to provide a report within 30 days of 
     enactment, to the Committees on the status of issuing the 
     final rule and to provide them quarterly thereafter.


                rural development salaries and expenses

                     (including transfers of funds)

       The bill provides $226,551,000 for Rural Development 
     Salaries and Expenses, which includes $6,000,000 for the 
     Common Computing Environment.
       The bill provides the same level of funding as fiscal year 
     2010 to maintain ``portfolio compliance, safety and 
     soundness.'' The Secretary is directed to ensure that proper 
     lender monitoring and underwriting standards are sustained.

                         Rural Housing Service


              rural housing insurance fund program account

       The bill provides $617,047,000 for the Rural Housing 
     Insurance Fund Program Account.
       The following table reflects the amounts provided in the 
     bill:
Loan authorizations:
  Single family direct (sec. 502)......................($1,840,256,000)
  Single family unsubsidized guaranteed................(24,000,000,000)
  Rental housing (sec. 515)................................(69,512,000)
  Multi-family housing guaranteed (sec. 538)..............(129,133,000)
  Housing repair (sec. 504)................................(34,004,000)
  Credit sales of acquired property........................(11,449,000)
  Site loans (sec. 524).....................................(5,052,000)
  Self-help housing land development........................(4,966,000)
                                                       ________________
                                                       
    Total, loan authorizations........................($26,094,372,000)
                                                       ================

Loan subsidies:
  Single family direct (sec. 502)..........................$115,200,000
  Rental housing (sec. 515)..................................23,446,000
  Multi-family housing guaranteed (sec. 538).................12,513,000
  Housing repair (sec. 504)...................................6,437,000
  Credit sales of acquired property.............................556,000
  Site loans (sec. 524).........................................294,000
  Self-help housing land development............................288,000
                                                       ________________
                                                       
    Total, loan subsidies..................................$158,734,000
                                                       ================

RHIF administrative expenses (paid to RD)..................$458,313,000
                                                       ================



                       rental assistance program

       The bill provides $965,635,000 for the Rental Assistance 
     Program.


          multi-family housing revitalization program account

       The bill provides $40,791,000 for the Multi-Family Housing 
     Revitalization Program Account.


                  mutual and self-help housing grants

       The bill provides $41,864,000 for Mutual and Self-Help 
     Housing Grants.


                    rural housing assistance grants

       The bill provides $40,400,000 for Rural Housing Assistance 
     Grants.


                       farm labor program account

       The bill provides $20,346,000 for the Farm Labor Program 
     Account.


               rural community facilities program account

                     (including transfers of funds)

       The bill provides $52,678,000 for the Rural Community 
     Facilities Program Account.
       The following table reflects the agreement:
Community Facilities:
  Direct loans...........................................($295,038,000)
  Direct subsidy..............................................3,924,000
  Guaranteed loans........................................(206,405,000)
  Guaranteed subsidy..........................................8,153,000
  Grants.....................................................20,373,000
Rural community development initiative........................6,256,000
Economic impact initiative grants............................10,000,000
Tribal college grants.........................................3,972,000
                                                       ________________
                                                       
    Total, loan subsidies and grants........................$52,678,000
                                                       ================


                   Rural Business-Cooperative Service


                     rural business program account

                     (including transfers of funds)

       The bill provides $86,689,000 for the Rural Business 
     Program Account.
       The following table reflects the agreement:
Business and Industry:
  Guaranteed loans.......................................($993,000,000)
  Guaranteed subsidy.........................................42,500,000
Rural business enterprise grants.............................38,727,000
Rural business opportunity grants.............................2,483,000
Delta regional authority......................................2,979,000
                                                       ________________
                                                       
    Total, loan subsidy and grants..........................$86,689,000
                                                       ================



              rural development loan fund program account

       The bill provides $18,024,000 for the Rural Development 
     Loan Fund Program Account.


            rural economic development loans program account

                    (including rescission of funds)

       The bill provides an estimated loan program level of 
     $33,077,000 for the Rural Economic Development Loan Program 
     Account.


                  rural cooperative development grants

       The bill provides $35,554,000 for Rural Cooperative 
     Development Grants.
       The bill provides $8,924,000 for cooperative development 
     grants; $2,800,000 for a cooperative agreement for the 
     Appropriate Technology Transfer for Rural Areas program; 
     $3,463,000 for cooperative development centers, individual 
     cooperatives, or groups of cooperatives that serve socially 
     disadvantaged groups; and $20,367,000 for the value-added 
     agricultural product market development grant program.


                    rural energy for america program

       The bill does not include additional funding for the Rural 
     Energy for America Program. The 2008 Farm Bill provided 
     $70,000,000 in mandatory funding for this program in fiscal 
     year 2011, which is an increase of $10,000,000 above fiscal 
     year 2010. In addition, this account has carryover from prior 
     years to support a higher program level in fiscal year 2011.

                        Rural Utilities Service


             rural water and waste disposal program account

                     (including transfers of funds)

       The bill provides $582,851,000 for the Rural Water and 
     Waste Disposal Program Account.
       The following table reflects the agreement:
Water and Waste:
  Direct loans.........................................($1,022,156,000)
  Direct subsidy.............................................87,701,000
  Loans authorized by P.L. 83-566..........................(40,000,000)
  Loans authorized by P.L. 83-566 subsidy.....................3,432,000
  Guaranteed loans.........................................(75,000,000)
  Grants....................................................469,228,000
Solid waste management grants.................................3,500,000
Water well system grants........................................497,000
Water and waste water revolving funds...........................993,000
High energy cost grants......................................17,500,000
                                                       ________________
                                                       
    Total, loan subsidy and grants.........................$582,851,000
                                                       ================


   Rural Electrification and Telecommunications Loans Program Account

       The bill provides $39,409,000 for the Rural Electrification 
     and Telecommunications Loans Program Account.
       The bill includes a general provision to improve the 
     capacity for electrical generation in rural areas and the 
     Secretary shall ensure that emissions control standards will 
     be employed suitable for the level of power such facilities 
     will generate.
       The following table reflects the amounts provided in the 
     bill:
Loan authorizations:
                                                              Electric:
    Direct, 5 percent....................................($100,000,000)
    Direct, FFB.........................................(6,500,000,000)
    Guaranteed Underwriting...............................(500,000,000)
                                                       ________________
                                                       
    Subtotal............................................(7,100,000,000)
                                                       ================

                                                    Telecommunications:
    Direct, 5 percent....................................($145,000,000)
    Direct, Treasury rate.................................(250,000,000)
    Direct, FFB...........................................(295,000,000)
                                                       ________________
                                                       
      Subtotal............................................(690,000,000)
                                                       ================

        Total, loan authorizations.....................($7,790,000,000)
                                                       ================

Guaranteed Underwriting subsidy................................$700,000
                                                       ================

Administrative expenses (paid to RD)........................$38,709,000
                                                       ================



         distance learning, telemedicine, and broadband program

       The bill provides $78,051,000 for the Distance Learning, 
     Telemedicine, and Broadband Program Account.
       The following table reflects the amounts provided in the 
     bill:
Broadband:
  Direct loans...........................................($400,000,000)
  Direct subsidy.............................................22,320,000
  Grants.....................................................17,976,000
Distance learning and telemedicine grants....................37,755,000
                                                       ________________
                                                       
    Total, loan subsidy and grants..........................$78,051,000
                                                       ================


[[Page S9311]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

       The bill provides $821,000 for the Office of the Under 
     Secretary for Food, Nutrition and Consumer Services.
       The Secretary is encouraged to continue collaboration 
     between the Agricultural Marketing Service (AMS) and the Food 
     and Nutrition Service (FNS) to connect local farmers to local 
     school districts. The Secretary is also encouraged to have 
     AMS and FNS expand collaboration with the Department of 
     Defense FRESH program to increase the quantity of fresh 
     produce purchased locally or regionally. The Secretary is 
     directed to submit a report to the Committees within 180 days 
     of enactment of this Act describing the economic and other 
     barriers to farmer participation in sales of local food to 
     schools.

                       Food and Nutrition Service


                        CHILD NUTRITION PROGRAMS

       The bill provides $17,319,981,000 for Child Nutrition 
     Programs. Included in this amount is $7,500,000 for Hunger-
     Free Community grants; $3,517,000 for food safety education; 
     $11,553,000 for computer support and processing, including 
     information technology modernization and support; $2,000,000 
     for farm-to-school tactical teams; and $1,750,000 for program 
     payment systems and reimbursement monitoring.
       The bill also provides $21,711,000 for studies and other 
     activities. Included in this amount is $10,000,000 for the 
     school lunch and breakfast cost study III which will 
     incorporate additional information on nutritional quality. 
     Additionally, this study should review the linkages between 
     wages and benefits of food service workers with student 
     satisfaction with school meals and the nutritional quality of 
     meals.
       The Secretary is urged to assist program providers in 
     reducing and eventually eliminating trans fats in child 
     nutrition programs. The Secretary is directed to submit a 
     report to the Committees within 180 days of enactment 
     describing the Department's efforts to provide assistance.
       The following table reflects the agreement:
Child Nutrition Programs:
  School lunch program...................................$9,831,095,000
  School breakfast program................................3,093,970,000
  Child and adult care food program.......................2,686,344,000
  Summer food service program...............................392,680,000
  Special milk program.......................................12,512,000
  State administrative expenses.............................208,651,000
  Commodity procurement...................................1,019,914,000
  Computer support and processing............................11,553,000
  Program payment systems and reimbursement monitoring........1,750,000
  Team nutrition.............................................15,046,000
  Food safety education.......................................3,517,000
  Coordinated review..........................................5,833,000
  CACFP training and technical assistance.....................3,567,000
  Studies and other activities...............................21,711,000
  Hunger free community grants................................7,500,000
  Farm to school tactical team................................2,000,000
  CN payment accuracy.........................................2,338,000
  Child nutrition reauthorization.....................................0
                                                       ________________
                                                       
    Total, Child Nutrition Programs.....................$17,319,981,000
                                                       ================



SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

       The bill provides $6,852,522,000 for the Special 
     Supplemental Nutrition Program for Women, Infants and 
     Children (WIC). The bill fully funds estimated WIC 
     participation in fiscal year 2011. The bill includes 
     $80,000,000 for breastfeeding support initiatives, 
     $35,000,000 for State management information systems, 
     $14,000,000 for infrastructure improvements, and $15,000,000 
     for evaluating program performance. In addition, the bill 
     maintains funding for fruit and vegetable vouchers for women 
     and implements fruit and vegetable vouchers for children up 
     to the Institute of Medicine recommendation.
       The authority for the WIC program requires the Secretary to 
     make available supplemental foods that reflect current 
     nutrition science, public health concerns, and cultural 
     eating patterns. The Department has made improvements to the 
     WIC program to improve access to fruits, vegetables and whole 
     grains to program participants as recommended by the National 
     Academies' Institute of Medicine study. The Department should 
     continue to recognize that calcium remains a priority 
     nutrient of concern and that adequate calcium consumption can 
     be attained through a diet with a variety of dairy products.


               SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

       The bill provides $70,907,818,000 for the Supplemental 
     Nutrition Assistance Program. Included in this amount is 
     $5,000,000,000 for a contingency reserve; $3,500,000 for 
     improving program access and application timeliness; 
     $1,750,000 for financial management systems modernization; 
     and $1,000,000 for information technology modernization and 
     support.
       The following table reflects the agreement:
Supplemental Nutrition Assistance Program:
  Benefits..............................................$59,652,032,000
  State Administrative Cost...............................3,618,000,000
  Employment & Training.....................................387,946,000
  Other Program Costs.......................................131,623,000
  Food Distribution Program on Indian Reservations (FDPIR)...96,958,000
  Associated Activities......................................10,000,000
  Commonwealth of the Northern Mariana Islands...............12,148,000
  Contingency Reserve.....................................5,000,000,000
  Nutrition Assistance for Puerto Rico....................1,744,605,000
  Nutrition Assistance for American Samoa.....................7,006,000
  Emergency Food Assistance Program (TEFAP).................247,500,000
                                                       ________________
                                                       
    Total...............................................$70,907,818,000
                                                       ================



                      COMMODITY ASSISTANCE PROGRAM

       The bill provides $262,619,000 for the Commodity Assistance 
     Program.
       Of that amount, the bill provides $181,788,000 for the 
     Commodity Supplemental Food Program, which includes 
     $5,000,000 to begin service in six additional States that 
     have plans approved by the Department; $53,000,000 for 
     administrative funding for The Emergency Food Assistance 
     Program (TEFAP); $6,000,000 for TEFAP infrastructure grants; 
     and $20,000,000 for the Farmers' Market Nutrition Program.


                   NUTRITION PROGRAMS ADMINISTRATION

       The bill provides $162,587,000 for Nutrition Programs 
     Administration. Included in this amount is $5,170,000 for 
     improved program administration and $5,000,000 to develop and 
     promote dietary guidelines.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $219,280,000 for the Foreign Agricultural 
     Service, Salaries and Expenses, which includes increases of 
     $3,430,000 for international cooperative administrative 
     support services; $4,004,000 for overseas IT support; 
     $5,000,000 for the development and growth of sustainable food 
     systems in developing countries; and $4,500,000 for technical 
     assistance for specialty crops. The bill also provides a 
     total of $14,600,000 for reconstruction and stabilization 
     activities, $4,500,000 for the Cochran Fellowship Program, 
     $2,500,000 for the Borlaug Fellowship Program, and $4,500,000 
     for the National Export Initiative.

  FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM 
                                ACCOUNT


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $2,846,000 for administrative expenses 
     for the Food for Peace Title I Direct Credit and Food for 
     Progress Program Account, to be paid to the appropriation for 
     Farm Service Agency, Salaries and Expenses.

                     FOOD FOR PEACE TITLE II GRANTS

       The bill provides $1,690,000,000 for Food For Peace Title 
     II Grants.
       The Committees direct the Secretary, through the Office of 
     Budget and Program Analysis, in consultation with the 
     Administrator of the U.S. Agency for International 
     Development, to submit quarterly reports to the Committees on 
     the status of the Bill Emerson Humanitarian Trust, as well as 
     immediately to notify the Committees when the trust has been 
     drawn down.

       Commodity Credit Corporation Export Loans Program Account


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $6,884,000 for the Commodity Credit 
     Corporation Export Loans Program Account.


  McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION 
                             PROGRAM GRANTS

       The bill provides $219,500,000 for the McGovern-Dole 
     International Food for Education and Child Nutrition Program.

                                TITLE VI

       FOOD AND DRUG ADMINISTRATION AND FARM CREDIT ADMINISTRATON

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The bill provides a direct appropriation of $2,541,282,000 
     for Food and Drug Administration, Salaries and Expenses. The 
     bill also provides $667,057,000 for prescription drug user 
     fees; $61,860,000 for medical device user fees; $19,448,000 
     for animal drug user fees; $5,397,000 for animal generic drug 
     user fees; $450,000,000 for tobacco product user fees; and 
     authorized collections for mammography fees, export and color 
     certification fees, and priority review fees, as requested. 
     It is expected that FDA will continue all projects, 
     activities, and programs as included in the fiscal year 2011 
     budget request unless otherwise specified.
       The following table reflects funding provided for direct 
     appropriations:


          Food and Drug Administration, Salaries and Expenses

                         (thousands of dollars)


        Program                                        Budget Authority
Foods
  Center for Food Safety and Applied Nutrition..................267,986

[[Page S9312]]

  Field Activities..............................................601,401
Human Drugs
  Center for Drug Evaluation and Research.......................371,632
  Field Activities..............................................132,037
Biologics
  Center for Biologics Evaluation and Research..................173,875
  Field Activities...............................................41,151
Animal Drugs & Feeds
  Center for Veterinary Medicine.................................91,467
  Field Activities...............................................54,135
Device & Radiological Products
  Center for Devices and Radiological Health....................243,255
  Field Activities...............................................82,471
National Center for Toxicological Research.......................60,975
Other Activities................................................161,659
White Oak Consolidation..........................................38,536
Other Rent & Rent Related........................................66,703
GSA Rent........................................................153,999
                                                       ________________
                                                       
    Total Salaries & Expenses.................................2,541,282
                                                       ================

       In carrying out the provisions of this Act, FDA shall 
     follow the directives provided in Senate Report 111-221 
     unless otherwise modified by this Act or Explanatory 
     Statement. Reports requested in Senate Report 111-221 or this 
     Explanatory Statement are due 90 days after the enactment of 
     this Act unless a specific due date is provided. FDA is 
     directed to provide all reports and studies to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate (hereafter referred to as ``the Committees'') in both 
     an electronic and hard copy format.
       The bill provides the following increases in budget 
     authority for FDA salaries and expenses activities, as 
     requested in the budget: $10,896,000 for cost of living 
     adjustments; $83,000,000 for food safety investments; 
     $43,323,000 for investments relating to safer drugs, 
     biologics, and medical devices; and $25,000,000 for 
     regulatory science.
       The bill provides the following increases above the 
     request: $14,083,000 for food safety activities; $2,000,000 
     for orphan product development grants; $1,000,000 for the 
     Office of the Associate Director for Rare Diseases; 
     $7,500,000 for generic drug review activities; $3,000,000 for 
     the review of direct-to-consumer advertising in the Division 
     of Drug Marketing and Communication (DDMAC); $2,000,000 for 
     the review of communications to medical professionals in 
     DDMAC; $4,000,000 for the Office of Surveillance and 
     Epidemiology for post-market activities; $1,850,000 for the 
     review of adverse drug experience reports in the Center for 
     Veterinary Medicine; and $2,000,000 for the National 
     Antimicrobial Resistance Monitoring System.
       Funds provided in addition to the budget request for food 
     safety will allow FDA to access additional information on 
     foreign food exports and take other actions to ensure that 
     foods imported into the United States are safe. Increased 
     funding is provided for food safety inspections to increase 
     the number of inspectors and enhance the ability of 
     inspectors to review imports at the border. It will also 
     allow FDA to perform additional work to ensure that animal 
     feed and feed ingredients imported into the United States 
     meet FDA safety standards.
       In Senate Report 109-266, concerns were raised about FDA's 
     inability to provide Congressional reports in a timely 
     manner. After implementing changes that temporarily remedied 
     this situation, recent Congressional directives have either 
     been responded to late, or not responded to at all. This is 
     unacceptable. In the fiscal year 2010 bill, FDA was asked to 
     report on eight issues. The due date for all of these reports 
     has long since passed, and more than one year after the 
     enactment of the fiscal year 2010 bill, FDA has provided only 
     four of the requested reports. FDA is again reminded that 
     reports to Congress play an important role in the decision 
     making process. Not more than 15 days after the enactment of 
     this Act, FDA is directed to report on the status of all 
     reports requested in Appropriations Acts for fiscal years 
     2009, 2010, and 2011. The report shall include the following 
     information: report topic; the House, Senate, or conference 
     report from which the report is requested; the due date for 
     the report; the date the report was submitted to the 
     Congress; and for those reports that have not been submitted 
     to Congress, the expected submission date and an update on 
     where the report is in the drafting and clearance process. 
     Following the initial report, FDA is directed to provide 
     updated reports on the first of each month.
       The Secretary of Health and Human Services (HHS) should 
     continue to work with the Secretary of Commerce in support of 
     the current Memorandum of Understanding between the National 
     Oceanic and Atmospheric Administration (NOAA) and FDA to 
     strengthen cooperation on seafood safety, labeling and fraud. 
     Agreements should focus on coordination of testing seafood 
     imports, inspection of imported seafood at both domestic and 
     international facilities, data standardization and 
     collection, joint training and outreach for testing 
     facilities, and information sharing. An increase is 
     encouraged in the use of NOAA laboratory testing and the 
     commissioning of NOAA officers by the Secretary of HHS, as 
     needed, in order to increase capacity for seafood inspection 
     and testing. Sharing of information with the Federal Trade 
     Commission is also encouraged as appropriate on consumer 
     protection issues with respect to fraud in seafood marketing 
     and labeling.
       While there is strong leadership in place at FDA, concerns 
     have been raised about the existing structure at the agency, 
     especially as it pertains to the safety of prescription 
     drugs, and the perceived imbalance that exists within FDA 
     between the Office of New Drugs and the Office of 
     Surveillance and Epidemiology. There is significant concern 
     that this structure is biased because those who initially 
     approve drugs also have a large role in determining how they 
     are regulated for safety in post-marketing. This could create 
     a conflict of interest.
       Therefore, FDA is directed to issue a report by March 31, 
     2011 that would outline the process necessary to create an 
     independent office within FDA focused on post-market 
     evaluation that would work collaboratively with the office 
     that reviews and approves drugs for marketing. FDA is also 
     strongly urged to study legislative proposals that have been 
     introduced to create a new Center for Postmarket Drug 
     Evaluation and Research at FDA as part of the report.
       FDA is directed to issue a sunscreen final rule that 
     addresses both ultraviolet B (UVB) and ultraviolet A (UVA) 
     radiation protection no later than 60 days after enactment.
       FDA is urged to more proactively engage public health and 
     consumer nonprofit organizations that are not funded by 
     regulated industries, to encourage their greater input and 
     written evaluations on PDUFA, MDUFMA, Sentinel Projects, 
     Critical Path, the public availability of post-market 
     research findings, and other key issues regarding medical 
     products.


                        BUILDINGS AND FACILITIES

       The bill provides $10,000,000 for FDA Buildings and 
     Facilities.

                           INDEPENDENT AGENCY

                       Farm Credit Administration


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The bill includes a limitation of $59,400,000 on 
     administrative expenses of the Farm Credit Administration.

                     TITLE VII--GENERAL PROVISIONS


             (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

       Section 701.--The bill includes language making funds 
     available for the purchase, replacement, and hire of 
     passenger motor vehicles.
       Section 702.--The bill includes language allowing for 
     unobligated balances to be transferred to the Working Capital 
     Fund.
       Section 703.--The bill includes language limiting the 
     funding provided in the bill to one year, unless otherwise 
     specified.
       Section 704.--The bill includes language limiting indirect 
     costs on cooperative agreements between the Department of 
     Agriculture and nonprofit organizations to 10 percent.
       Section 705.--The bill includes language making 
     appropriations to the Department of Agriculture for the cost 
     of direct and guaranteed loans available until expended to 
     disburse obligations for certain Rural Development programs.
       Section 706.--The bill includes language for funds to cover 
     necessary expenses related to advisory committees.
       Section 707.--The bill includes language prohibiting the 
     use of funds to establish an inspection panel at the 
     Department of Agriculture.
       Section 708.--The bill includes language regarding detailed 
     employees.
       Section 709.--The bill includes language regarding the 
     appropriations hearing process.
       Section 710.--The bill includes language regarding the 
     transfer of funds to the Office of the Chief Information 
     Officer and information technology funding obligations.
       Section 711.--The bill includes language regarding the 
     reprogramming of funds.
       Section 712.--The bill includes language regarding user fee 
     proposals.
       Section 713.--The bill includes language regarding the 
     closure or relocation of Rural Development offices.
       Section 714.--The bill includes language allowing for 
     reimbursement of the Bill Emerson Humanitarian Trust.
       Section 715.--The bill includes language regarding the 
     closure or relocation of a Food and Drug Administration 
     office.
       Section 716.--The bill includes language regarding the 
     availability of funds for certain conservation programs.
       Section 717.--The bill includes language regarding 
     government-sponsored news stories.
       Section 718.--The bill provides funding for the National 
     Center for Natural Products Research.
       Section 719.--The bill includes language limiting certain 
     programs.
       Section 720.--The bill includes language regarding 
     eligibility for certain rural development programs.
       Section 721.--The bill includes language regarding meat 
     inspection.
       Section 722.--The bill includes language providing that 
     certain locations shall be considered eligible for certain 
     rural development programs.
       Section 723.--The bill provides funding for an agriculture 
     pest facility in Hawaii.
       Section 724.--The bill includes language authorizing 
     certain watershed projects.
       Section 725.--The bill includes language modifying matching 
     requirements for certain research grants.
       Section 726.--The bill provides funding for certain 
     projects.

[[Page S9313]]

       Section 727.--The bill includes language relating to infant 
     formula.
       Section 728.--The bill rescinds certain funds.
       Section 729.--The bill includes language relating to the 
     export of poultry products to the United States.
       Section 730.--The bill includes language regarding the 
     Federal Meat Inspection and other acts.
       Section 731.--The bill includes funding for two farm bill 
     programs.
       Section 732.--The bill includes language establishing a 
     forestry pilot program for lands affected by Hurricane 
     Katrina.
       Section 733.--The bill includes language regarding 
     administrative funds for certain farm bill programs.
       Section 734.--The bill includes language regarding 
     guaranteed business and industry loan fees.
       Section 735.--The bill includes language regarding 
     strategic regional development planning.
       Section 736.--The bill includes language regarding the 
     broadband program.
       Section 737.--The bill provides for the rescission of 
     certain facilities funds.
       Section 738.--The bill provides for the rescission of 
     certain rural development funds.
       Section 739.--The bill provides for the rescission of 
     certain facilities funds.
       Section 740.--The bill includes funding for workforce 
     acquisition capacity and capabilities.
       Section 741.--The bill includes language regarding school 
     food authorities.
       Section 742.--The bill includes language regarding 
     properties of the Agricultural Research Service.
       Section 743.--The bill includes language regarding rare and 
     neglected diseases.
       Section 744.--The bill includes language regarding a food 
     safety stakeholder panel.
       Section 745.--The bill rescinds certain funds.
       Section 746.--The bill includes language regarding baseload 
     electric generation.
       Section 747.--The bill rescinds certain funds.
       Section 748.--The bill rescinds certain funds.
       Section 749.--The bill limits certain funds.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Following is a list of congressional earmarks and 
     congressionally directed spending items (as defined in clause 
     9 of rule XXI of the Rules of the House of Representatives 
     and rule XLIV of the Standing Rules of the Senate, 
     respectively) included in the bill or this explanatory 
     statement, along with the name of each Senator, House Member, 
     Delegate, or Resident Commissioner who submitted a request to 
     the House or Senate Committee of jurisdiction for each item 
     so identified. Neither the bill nor the explanatory statement 
     contains any limited tax benefits or limited tariff benefits 
     as defined in the applicable House and Senate rules.

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                        FUNDING RECOMMENDATIONS

                Budget Authority Total--With Comparisons

       The total new budget (obligational) authority for fiscal 
     year 2011 provided in the bill, with comparisons to the 
     fiscal year 2010 amount and the 2011 budget estimate follows:

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

       Following is an explanation of the effects of Division B, 
     which makes appropriations for the Departments of Commerce 
     and Justice, the National Aeronautics and Space 
     Administration, the National Science Foundation, and related 
     agencies for fiscal year 2011. As provide in Section 4 of the 
     consolidated bill, this explanatory statement shall have the 
     same effect with respect to the allocation of funds and the 
     implementation of this division as if it were a joint 
     explanatory statement of a committee of conference. Direction 
     contained in Senate report 111-129, unless otherwise 
     addressed in this statement, shall also provide legislative 
     intent on the appropriations contained in division B of this 
     Act. Funding levels for appropriations by account, and 
     comparisons to fiscal year 2010 levels and the budget 
     request, can be found in the table at the end of this 
     division.
       The Departments of Commerce and Justice, the National 
     Aeronautics and Space Administration and the National Science 
     Foundation are directed to submit spending plans, signed by 
     the respective department or agency head, for review by the 
     Committees on Appropriations within 60 days of enactment of 
     this Act. In addition, each department and agency funded 
     herein shall follow the directions set forth in this Act and 
     in this statement, and shall not reallocate resources or 
     reorganize activities except as provided herein. 
     Reprogramming procedures shall apply to funds provided in 
     this Act, unobligated balances from previous appropriations 
     Acts that are available for obligation or expenditure in 
     fiscal year 2011, and non-appropriated resources such as fee 
     collections that are used to meet program requirements in 
     fiscal year 2011.

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       The bill includes $514,204,000 in total resources for the 
     programs of the International Trade Administration (ITA), 
     which includes $9,439,000 in offsetting collections.
       China anti-dumping and countervailing duty activities.--The 
     agency is encouraged to allocate additional resources above 
     the request to the activities of both these offices; is 
     directed to fully staff anti-dumping efforts, and notify the 
     Committees on Appropriations of any impediments to hiring or 
     retaining staff with the required expertise.
       National Export Initiative (NEI) and trade compliance and 
     enforcement.--The bill includes funding to support a 
     comprehensive export strategy. However, ITA and the 
     Department are expected to focus just as aggressively on 
     unfair imports and reducing foreign subsidy programs as they 
     do in trying to overcome unfair trade barriers to U.S. 
     exports. ITA is directed to provide a spend plan for the NEI 
     within 60 days of enactment of this Act to the Committees on 
     Appropriations, and to provide quarterly reports on the 
     implementation of this strategy.
       U.S. Foreign Commercial Service (FCS).--The Department is 
     directed to increase FCS's role overseas. However, the 
     Department is cautioned to better plan for how ITA will 
     reasonably grow the FCS and incorporate an influx of new 
     personnel. ITA is directed to provide the Committees on 
     Appropriations with a report within 60 days of enactment of 
     this Act that will include a detailed workforce plan and 
     refined cost estimates, as well as a specific management plan 
     as to how the agencies will manage FCS's financial and 
     workforce resources.
       Travel expenditures.--The Department is expected to 
     continue to submit quarterly reports regarding ITA's travel 
     expenditures, including separate breakouts of funding, the 
     number of trips and the purposes of travel.
       Human rights training.--The agency is directed to provide 
     human rights training for foreign commercial service officers 
     and foreign national employees within the requested funding 
     level.
       The bill provides $3,400,000 for congressionally-designated 
     projects. ITA is directed to refrain from charging 
     administrative costs and is expected to provide appropriate 
     management and oversight of each grant.

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                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

       The bill includes $109,975,000 for the Bureau of Industry 
     and Security (BIS).
       Export controls.--The publication of patent applications 
     for national security and dual-use technologies defeats the 
     purpose of the Nation's export control laws. During the 
     multi-agency effort to reform these laws, the Administration 
     is urged to consider whether all such applications should be 
     restricted automatically from publication, and whether the 
     U.S. Patent and Trademark Office needs additional legislative 
     authority to restrict such publication. BIS is directed to 
     report to the Committees on Appropriations on this effort 
     within 90 days of enactment of this Act.

                  Economic Development Administration

       The bill includes $317,181,000 for the programs and 
     administrative expenses of the EDA. The total recommendation 
     for EDA consists of the amounts appropriated in the following 
     two accounts.


              ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS

       The bill includes $277,000,000 for Economic Development 
     Assistance programs. Funds are to be distributed as follows; 
     any deviation of funds shall be subject to the procedures set 
     forth in section 505 of this Act:
Public works...............................................$160,000,000
Global climate change mitigation initiative................(25,000,000)
Planning.....................................................34,800,000
Technical assistance.........................................12,700,000
Research and evaluation.......................................1,500,000
Trade adjustment assistance..................................18,000,000
Economic adjustment assistance...............................50,000,000
       Public works (PW).--PW funds are critical to economic 
     development within local communities and industries and 
     should not be reduced as proposed.
       Planning.--The agency is directed to allocate this funding 
     to the existing network of Economic Development Districts 
     (EDDs), consistent with previous years' direction.
       Technical assistance.--The bill includes an increase of 
     $400,000 to continue the competition of two additional 
     university centers each year, with the goal of ensuring that 
     each State has at least one center. EDA is encouraged to 
     develop a plan to restore funding to historic levels, extend 
     the three-year review process to five years, and re-establish 
     the peer review mechanism for evaluating university centers. 
     EDA is also directed to commission an independent study to 
     evaluate the performance of the university center program to 
     assist in the redesign.
       Trade adjustment assistance (TAA).--The bill includes an 
     increase of $2,200,000 over fiscal year 2010 as a result of 
     the inclusion of service firms. EDA is directed to continue 
     to provide quarterly reports on the number of firms assisted, 
     how that assistance is quantified, and the value each center 
     adds to the TAA process. Collection of performance data is 
     required to warrant increased funding.
       Economic adjustment assistance (EAA).--EDA grantees have 
     testified to the need for EAA grants but maintain that PW 
     projects are the mainstay of economic development for their 
     communities. The proposed shift of funds from PW to the EAA 
     account would result in a net reduction in the number of PW 
     projects funded. Therefore, the level of PW funding is 
     maintained while EAA funding levels have been increased. EDA 
     is encouraged to request significant additional funding for 
     both programs in fiscal year 2012 and beyond. Regional 
     innovation clusters and business incubators, within the 
     parameters of EDA's report of May 25, 2010, are supported 
     within funding provided; EDA is encouraged to facilitate a 
     system of consultation and referral among service providers. 
     EDA is directed to provide quarterly reports on progress and 
     funding awards for both initiatives, and expects proven 
     performance. EDA is also encouraged to increase the number of 
     revolving loan funds awarded and recapitalized for worthy 
     applicants. These funds are critical to communities that lack 
     access to credit, particularly during economic downturns when 
     many banks refuse to lend even to credit-worthy clients that 
     have successfully borrowed in the past.


                         SALARIES AND EXPENSES

       The bill includes $40,181,000 for EDA's salaries and 
     expenses. EDA is directed to fill vacancies in regional 
     offices prior to those in headquarters, and to continue to 
     increase the number of Economic Development Representatives 
     in those areas where the territory to be covered presents 
     geographical challenges to serving all communities in a 
     timely and consistent manner. EDA is also encouraged to 
     increase staff support for exceptionally large geographic 
     areas.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

       The bill includes $32,316,000 for the Minority Business 
     Development Agency (MBDA). The agency is urged to request 
     sufficient funds in fiscal year 2012 and beyond to increase 
     the annual funding levels for each of its Minority and Native 
     American Business Enterprise Centers to at least $300,000.
       Office of Native American Business Development (ONABD).--
     The bill includes not less than $1,000,000 for the ONABD, as 
     requested, and the ONABD is directed to utilize the 
     assistance of the Native American Business Enterprise Centers 
     to help fulfill its obligations.
       Technical assistance.--The agency is directed to provide a 
     report to the Committees on Appropriations by March 1, 2011, 
     on the centers that offer technical assistance in more than 
     one language, specifying the type of assistance each center 
     offers, in which languages, and the disaggregated data on 
     minority firms served.
       Multilingual staff.--To the extent feasible, MBDA is 
     directed to increase the multilingual staff at headquarters 
     and at MBDA centers, particularly in those geographic service 
     areas that have significant populations with limited English 
     proficiency as defined by the most recent Census data.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

       The bill includes $110,000,000 for Economic and Statistical 
     Analysis. The proposed new measurements will help Federal, 
     State, and local governments shape better policies to spur 
     job creation and assist in long-term planning decisions.

                          Bureau of the Census

       The bill includes a total operating level of $1,235,423,000 
     for the Bureau of the Census.


                         SALARIES AND EXPENSES

       The bill includes $271,364,000 for the salaries and 
     expenses of Census, which includes $5,000,000, as requested, 
     to allow Census to work in coordination with the Bureau of 
     Labor Statistics to supplement the official poverty measures 
     with annual measures from the Current Population Survey.


                     PERIODIC CENSUSES AND PROGRAMS

       The bill includes a total of $964,059,000 for all periodic 
     censuses and related programs and includes funding for the 
     requested initiatives, albeit at a reduced level. Census may 
     use up to $255,600 for additional acquisition workforce 
     capacity and capabilities, as requested, from available 
     funds.
       American Community Survey (ACS).--More than 180 Federal 
     assistance programs rely on ACS data to distribute $416 
     billion annually. The fiscal year 2011 request proposes to 
     begin to increase the sample size to 3.5 million housing 
     units annually. However, GAO has expressed concerns with the 
     current staffing plan. Census shall provide more detailed and 
     transparent staffing documentation to the Committees on 
     Appropriations within 60 days of enactment of this Act.
       Data processing systems.--The bill includes funding to 
     strengthen information security capabilities, meet 
     increasingly demanding security requirements, and proactively 
     protect data resources.
       Monthly status reports.--Census is directed to continue its 
     dashboard monthly status reports as it transitions into 
     preparations for the 2020 decennial.
       Inspector general (IG) recommendations.--Census is directed 
     to incorporate all IG recommendations as it transitions into 
     the 2020 decennial, including a thorough review of the 
     training process; better communication of Census' various 
     enumeration practices; and increased budget transparency.
       Other languages.--Census is encouraged to create language 
     assistance guides for the ACS, and is directed to continue to 
     provide updates on a semi-annual basis on its language 
     assistance program.
       Data on small population groups.--Census' efforts to 
     collect and make available data from the ACS and the 
     decennial on small population groups and national origins 
     subgroups continues to be of great importance for 
     policymakers, as the needs among various populations vary 
     significantly.
       Offshore U.S. jurisdictions.--Census is urged to ensure 
     that future statistics incorporate data on all U.S. citizens, 
     including those in Puerto Rico and other offshore 
     jurisdictions.
       Best practices.--Census is urged to develop and share its 
     best practices and methods for outreach to hard-to-count 
     communities with Federal agencies and State and local 
     governments.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

       The bill includes $41,568,000 for the salaries and expenses 
     of the NTIA. The agency is directed to provide quarterly 
     reports on grant activities.
       Minority Serving Institution (MSI) Digital and Wireless 
     Technology Opportunity Program.--Within 60 days of enactment 
     of this Act, the Secretary of Commerce is directed to submit 
     to the Committees on Appropriations a report describing the 
     Department's plans to support and assist MSIs in improving 
     their instrumentation, connectivity, hardware and software 
     for instructional and research purposes as contemplated by 
     the Stevenson-Wydler Technology Innovation Act of 1980, and 
     is urged to include a request for this program in fiscal year 
     2012.
       Reverse auctions.--GAO is directed to provide a report to 
     the Committees on Appropriations by May 1, 2011, on the 
     feasibility of using reverse auctions to distribute any 
     future broadband subsidies through commercially available, 
     online procurement tools, including best practices, rigorous 
     evaluation techniques, and recommendations to ensure 
     compliance and accountability for auction winners.


    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

       The bill includes $20,000,000 for Public Telecommunications 
     Facilities, Planning and Construction (PTFPC). The 
     Administration once again proposed to eliminate the PTFPC 
     program, despite its own report that delineates the need for 
     PTFPC. Both the Corporation for Public Broadcasting (CPB) and

[[Page S9334]]

     PTFPC work closely to ensure that they are not funding the 
     same projects. Each agency has a separate sphere of 
     responsibility and the programs differ in their respective 
     eligibility requirements and in the scope of the projects 
     that each fund. PTFPC funds only planning and construction 
     projects through a competitive process. CPB's community 
     service grant program does not fund planning or construction 
     projects. In addition, PTFPC funding is essential to 
     providing radio and television services to the print-
     handicapped and individuals served by small or low-power 
     stations and stations faced with a catastrophic loss of 
     service, and new stations seeking to serve communities in 
     remote or rural areas.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes $2,262,000,000 for the United States 
     Patent and Trademark Office (USPTO), including $2,090,000,000 
     under the current fee structure, and an additional 
     $172,000,000 to be generated by a surcharge on patent fees, 
     as provided in this bill.
       Projected fee collections.--The misperception by some USPTO 
     stakeholders that fees collected by the agency and not 
     appropriated for a particular fiscal year are ``diverted'' to 
     fund other agencies in the bill is an entirely inaccurate 
     description. But USPTO's inability to provide accurate 
     projections of its fee collections has had the effect of 
     diverting funding from other agencies and critical priorities 
     in the bill when the agency has overestimated the fees it 
     will collect. To the extent that an estimate may be 
     significantly more or less than actual fee collections, it is 
     the failure of USPTO's own estimation technique that causes 
     the problem. In fact, Congress has appropriated USPTO's full 
     fee collection estimates for many years, and any fees 
     collected by USPTO but not appropriated for a particular 
     fiscal year are credited to the agency and remain available 
     for appropriation at a later date.
       Neither are all of the Federal costs of patents borne by 
     stakeholders through fee payments. Patent-related litigation 
     activities by the Department of Justice and the Federal 
     Judiciary are a benefit to patent holders and are financed 
     outside of the patent fee system, at great expense to the 
     American taxpayer. These are just two examples. If the 
     stakeholders continue to insist on full access to fee 
     collections, those fees should arguably include an accounting 
     of all the costs of Federal agencies for patent activities.
       Some USPTO stakeholders are reportedly encouraging the 
     elimination of the role of the Appropriations Committees in 
     any decisions related to the annual budget of USPTO. However, 
     pendency and backlog issues are not fundamentally the result 
     of a lack of funds, but of a lack of management. Stakeholders 
     would be better served by continued oversight and improved 
     budget formulation, execution, and management than by 
     advocating for an agency with no annual budgeting oversight 
     by Congress.
       Operating reserve fund.--USPTO is directed to provide a 
     plan for the proposed operating reserve fund, including 
     limitations on spending, within 60 days of enactment of this 
     Act, to the Committees on Appropriations.
       Provision of fee collection projections.--UPSTO is directed 
     to continue to provide quarterly reports on its projected fee 
     collections and to notify the Committees on Appropriations 
     during any month when significant changes in such projections 
     prompt serious concern or require significant budgetary 
     responses.
       Justification improvements.--USPTO's efforts to provide a 
     requirements-based budget for fiscal year 2011 are 
     acknowledged. However, the text needs to make the argument 
     for the funding requested and serve as resource materials for 
     Congressional use, and the justification shall be subjected 
     to Department of Commerce (DOC) oversight and editing. USPTO 
     is directed to work with DOC, as well as the Committees on 
     Appropriations, to ensure the fiscal year 2012 budget request 
     is appropriately formatted.
       Reprogramming and spend plan.--USPTO is required to follow 
     the reprogramming procedures outlined in section 505 of this 
     Act before using excess fee collections to forward fund 
     expenses beyond fiscal year 2011. Any deviations from the 
     funding distribution provided for in this Act, including 
     carryover balances, are subject to the standard reprogramming 
     procedures set forth in section 505 of this Act. USPTO is 
     directed to provide a spend plan for fiscal year 2011, within 
     60 days of enactment of this Act, incorporating all carryover 
     balances from previous fiscal years, and describing any 
     changes to the patent or trademark fee structure. Any changes 
     from the spend plan shall also be subject to section 505 of 
     this Act.
       Backlog of patent applications.--GAO has found that the 
     hiring of additional patent examiners is not sufficient to 
     address the backlog of patent examinations. Too often, patent 
     examiners, extensively trained at great expense to the 
     agency, have become private sector patent attorneys after 
     only a short tenure with the agency. USPTO has identified 
     alternative methods to meet backlog reduction goals and is 
     directed to provide a report to the Committees on 
     Appropriations on its progress with this and other backlog 
     reduction strategies within 90 days of enactment of this Act.
       Economic security.--In some circumstances, the time between 
     the statute-mandated publishing of patent applications and 
     the award of a patent allows competitors market advantage. 
     This risks U.S. economic security and inventors' intellectual 
     property rights. USPTO is directed to study its patent 
     publishing process and consider the alternative of publishing 
     only the patent abstract instead of the entire application, 
     and report to the Committees on Appropriations on this effort 
     within 90 days of enactment of this Act.
       Small business international patent protection.--DOC is 
     directed to work with USPTO and ITA to provide the Committees 
     on Appropriations with a report, within 90 days of enactment 
     of this Act, on how best to help small businesses with 
     international patent protection, including, if a fund is a 
     reasonable option, the initial level of appropriations; 
     management recommendations; eligible applicants and selection 
     criteria; and ways to ensure the fund becomes financially 
     self-sufficient.

             National Institute of Standards and Technology

       The bill includes $877,700,000 for the National Institute 
     of Standards and Technology (NIST).


             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

       The bill includes $541,246,000 for NIST's scientific and 
     technical core programs.
       Cybersecurity.--The bill provides $10,000,000 for the 
     Director to establish and operate a National Cybersecurity 
     Center of Excellence (NCCOE) in addition to NIST's ongoing 
     cybersecurity activities, of which $6,650,000 should be for 
     internal NIST requirements to staff and scale up the center, 
     and $3,350,000 shall be allocated on a merit-based 
     competitive basis for activities with relevant non-Federal 
     entities.
       Molecular genetic assays.--Molecular genetic assays provide 
     the cutting edge for many individualized therapies in 
     oncology, transplantation, infectious disease and genetics, 
     but the production of certified reference materials has 
     fallen behind the technical capabilities of these assays. 
     NIST is urged to develop certified reference materials for 
     tests that are urgently needed to improve patient care and 
     safety, including cytomegalovirus, BCR/ABL mutation, KRAS 
     mutation, EGFR mutation, BK virus, and Epstein Barr virus.
       NIST is directed to begin a national scale greenhouse gas 
     (GHG) observation testbed to examine data from existing and 
     emerging national GHG networks to verify measurement efficacy 
     and integration into inverse climate models, in order to 
     provide the foundation for independent measuring, reporting 
     and verification activities.
       The bill provides $5,275,000 for congressionally-designated 
     projects. NIST is directed to refrain from charging 
     administrative costs and is expected to provide appropriate 
     management and oversight of each grant.


                     INDUSTRIAL TECHNOLOGY SERVICES

       The bill includes $204,454,000 for Industrial Technology 
     Services (ITS). Of this amount, $124,700,000 is provided for 
     the Manufacturing Extension Partnerships, including full 
     support for the National Innovation Marketplace; $69,900,000 
     is provided for the Technology Innovation Program to continue 
     existing awards; and $9,854,000 is provided for the Baldrige 
     Performance Excellence Program, as requested. During fiscal 
     year 2010, the former Baldrige National Quality Program was 
     renamed and moved to ITS to consolidate NIST's non-laboratory 
     extramural programs.


                  CONSTRUCTION OF RESEARCH FACILITIES

       The bill includes $132,000,000 for NIST construction. The 
     bill provides funding for the agency's highest priorities, 
     including completion of the JILA expansion. NIST is directed 
     to provide quarterly reports on the status of all 
     construction projects to the Committees on Appropriations.
       Competitive construction grants.--Within funds provided, 
     $20,000,000 is included for competitive construction grants 
     for research science buildings in fiscal year 2011. The 
     program continues to attract significant numbers of 
     applicants, leverages additional public and private funding, 
     provides jobs, and improves science research in the Nation. 
     The Administration is expected to include this program in 
     future requests.
       The bill provides $50,000,000 for congressionally-
     designated projects. NIST is directed to refrain from 
     charging administrative costs and is expected to provide 
     appropriate management and oversight of each grant.

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            National Oceanic and Atmospheric Administration

       The bill includes a total of $5,551,928,000 in 
     discretionary appropriations for the National Oceanic and 
     Atmospheric Administration (NOAA). Within the amount 
     provided, NOAA is directed to fund the congressionally-
     designated activities in the amounts identified in the table 
     at the end of this account. NOAA is directed to refrain from 
     charging administrative costs to these grants and is expected 
     to provide appropriate management and oversight of each 
     grant.


                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill includes a total program level of $3,478,460,000 
     under this account for the coastal, fisheries, marine, 
     weather, satellite and other programs of NOAA.


                      NATIONAL OCEAN SERVICE (NOS)

       Mapping and charting.--The bill includes $51,350,000 for 
     mapping and charting, of which $1,500,000 is for the 
     development and demonstration of unmanned surface vehicles 
     for hydrographic survey operations.
       Integrated Ocean Observing System (IOOS).--The bill 
     provides $33,000,000 for the IOOS regional observations, of 
     which $6,000,000 is for program administration; $24,000,000 
     is for a competitive, regional ocean observing systems 
     solicitation; and $3,000,000 is to continue to establish a 
     consortium for testing and advancing new sensor technologies. 
     Proposals for continuation of existing multi-regional 
     extramural test beds shall be considered and evaluated 
     concurrently and equally as part of the regional ocean 
     observing systems solicitation.
       Coral reef programs.--The bill includes a total of 
     $32,706,000 for coral reef research and operations, including 
     $27,000,000 in NOS; $2,506,000 for deep sea corals in the 
     National Marine Fisheries Service; $2,000,000 in Oceanic and 
     Atmospheric Research, and $1,200,000 in congressionally-
     directed projects.
       Response and restoration.--The bill includes $29,418,000 
     for response and restoration, of which $2,900,000 is for 
     initial operations of the Gulf of Mexico Disaster Response 
     Center (DRC). NOAA is expected to appropriately staff and 
     fund the DRC in out-years to achieve operational capacity as 
     the gulf coast hub for NOAA's emergency preparedness, 
     response, and recovery operations. The duration of the 
     Deepwater Horizon spill has revealed that ORR staff is 
     overextended. While the costs of NOAA's response and 
     restoration efforts should ultimately be reimbursed by the 
     party or parties responsible, it is imperative that NOAA have 
     appropriate levels of funding available to conduct efforts as 
     needed. NOAA is directed to provide the Committees on 
     Appropriations with a long-term budget plan that reflects an 
     updated and more realistic core staffing and resource profile 
     based on lessons learned.
       Oil spill research.--The budget materials for fiscal year 
     2012 shall include and justify a unified and coordinated 
     Federal approach for oil spill research that includes the 
     Department of the Interior, the Department of Energy, the 
     National Oceanic and Atmospheric Administration and the Coast 
     Guard.
       Competitive external research.--The bill includes 
     $16,000,000 for competitive external ocean science research, 
     including harmful algal blooms, hypoxia and regional 
     ecosystems.
       Coastal zone management grants.--The bill includes 
     $68,146,000 for coastal zone management grants and NOAA is 
     directed to use a portion of the increases provided for 
     efforts to modernize and improve state information systems to 
     assess, track and manage permitting and land-use tracking 
     procedures.
       National Estuarine Research Reserve System (NERRS).--The 
     bill includes $1,174,000 above the request for NERRS 
     operations.
       Marine sanctuary program.--The bill includes $49,500,000 
     for the marine sanctuary program, of which $2,000,000 is for 
     the purchase and installation of integrated vessel 
     electronics for the Marine Sanctuary small boats program.


                NATIONAL MARINE FISHERIES SERVICE (NMFS)

       National catch share program.--The bill includes 
     $49,500,000 for the national catch share program. This fully 
     funds the implementation and operation of planned and 
     existing catch share programs, and includes $6,002,000 for 
     cooperative research specific to catch share programs. 
     Ensuring sustainable fisheries ensures jobs--from harvesters 
     to processors to retailers--and ensures the profitability of 
     coastal communities, which depend upon those jobs. Over time, 
     improved fisheries will increase tax revenue, as well as 
     ensure a reliable and sustainable food source for the Nation. 
     Catch shares are designed to end overfishing and return a 
     fishery to sustainable levels, in part by providing fishermen 
     with the tools to ensure that they can sell the fish they 
     catch, rather than throw excess back into the ocean, which 
     frequently kills the fish. Over time, catch shares improve 
     the overall economic performance of the fishery, because as 
     overfishing ends and the stock rebounds, the catch allowed 
     increases, which is of increasing value to the fishermen.
       The Committees on Appropriations recognize the importance 
     of the commercial and recreational fishing industries and are 
     sensitive to the objections raised by some fishermen to the 
     concept of catch shares. The Committees share the concerns of 
     these fishermen about the consolidation of the industry, 
     declining catches, and the challenge of complying with 
     regulations imposed by the Magnuson-Stevens Reauthorization 
     Act (MSRA). However, the Committees note that catch shares 
     are not the driving force behind consolidation or declining 
     catches. Instead, they are a tool that may be adopted by each 
     regional council if such council determines that a fishery 
     would benefit from their use; catch shares are not NOAA-
     mandated. Catch shares are intended to provide fishermen with 
     more business flexibility in responding to the MSRA 
     regulations, allowing fishermen to consider market and 
     weather conditions in deciding when to fish, thus increasing 
     the price per pound and improving safety at sea.
       Catch shares are also less amenable to long-term 
     consolidation, because a specific portion of the total 
     allowable fishery catch is allocated to individuals, 
     cooperatives, communities, or other entities, including 
     sectors. Nevertheless, NOAA is directed to provide a report 
     to the Committees on Appropriations, within 120 days of 
     enactment of this Act, detailing the steps being taken, 
     either by the agency or by the regional councils, to address 
     excessive consolidation.
       Recreational fisheries.--Recreational fishing is 
     economically and culturally valuable to our Nation. The 
     Secretary is directed to issue guidance to councils to 
     consider biological, social and economic impacts as criteria 
     in determining the initial distribution of catch shares among 
     sectors in multi-sector fisheries, and to consider 
     transferability of catch share privileges between commercial 
     and recreational sectors. In addition, the Secretary is 
     encouraged to ensure that composition of the individual 
     regional councils is sensitive to the statutory requirements 
     of equity and fairness with respect to the balance between 
     commercial and recreational fishermen.
       Fishery-independent surveys.--The closure of fisheries due 
     to the Deepwater Horizon oil spill has eliminated landing 
     data from both commercial and recreational fisheries sectors, 
     and combined with the lack of fishery-independent survey 
     information, the result is that the assessment of the 
     immediate impact of the oil spill on Gulf fisheries 
     stocks, as well as the ability to predict long-term 
     impacts, is impeded. NOAA is encouraged to fully implement 
     a fishery-independent data collection strategy, and is 
     directed to provide a report to the Committees on 
     Appropriations on implementation of such a strategy within 
     90 days of enactment of this Act.
       Salmon management activities.--The bill includes 
     $49,729,000 for salmon management activities, of which no 
     less than $23,729,000 is directed for Pacific Salmon Treaty 
     activities, an increase of $4,611,000 above the request. In 
     addition, an increase of $9,500,000 is provided above the 
     request to allow hatcheries to be reformed according to the 
     recommendations of the Hatchery Scientific Review Group.
       Fisheries enforcement asset forfeiture fund (AFF).--The 
     Inspector General's (IG) investigation into the AFF, 
     established to use revenues from fisheries fines and 
     penalties to pay for enforcement activities, revealed a 
     serious lack of budgetary oversight by NOAA. The independent 
     forensic review of this fund revealed the revenues have been 
     co-mingled with other funds, resulting in a lack of 
     visibility over the entire fund by any one organization in 
     NOAA or DOC or any one responsible and accountable 
     individual; and that many transactions had no supporting 
     documentation, were missing approvals, and may ultimately be 
     found to be improper expenditures from the fund. Moreover, at 
     any given time, it is unclear how much is available in the 
     fund, though it should be, at all times, strictly accounted 
     for and included as offsetting funds for any appropriations 
     request. In addition, the fishing industry has made claims, 
     particularly in the Northeast region, that NOAA's fines are 
     excessive, constituting a form of bounty, because NOAA is 
     able to retain the proceeds from its enforcement cases. NOAA 
     is directed to: (1) define what appropriate expenses may be 
     charged against the asset forfeiture fund and develop 
     guidance accordingly; (2) conduct an annual audit of the fund 
     which will be commissioned by the IG for which expenses shall 
     be paid from the fund account; (3) post results of the annual 
     audit of the fund to NOAA's website in a prominent and 
     conspicuous place; (4) generate and implement an audit action 
     plan incorporating all the IG's recommendations; (5) utilize 
     the science available to set priorities and focus enforcement 
     on those priorities; and (6) provide a spend plan, containing 
     all these elements, to the Committees on Appropriations. The 
     bill includes $60,000,000 for enforcement, and essentially 
     freezes the AFF until NOAA receives approval from the 
     Committees on the AFF spend plan.
       Ombudsman.--Given the overall results of the IG reviews; 
     persistent complaints about the complexity of the 
     regulations; and the fact that the penalty assessment and 
     defense process can put members of the fishing industry--
     predominantly small business owners--out of business without 
     recourse, NOAA is directed to consider establishing an 
     ombudsman position for the fishing community that reports 
     independently to the Under Secretary. Additionally, or as an 
     alternative to an ombudsman, NOAA is directed, within its 
     enforcement program, to establish an independent office 
     empowered to advocate or advise the regulated community on 
     violation avoidance, compliance assistance, and defense and 
     settlement advocacy.
       Observers.--The bill includes a total of $5,000,000 for the 
     Longline Observer program.

[[Page S9337]]

       Community-based restoration program (CRP) grants.--The bill 
     includes $28,967,000 for fisheries habitat restoration, the 
     same as the request. NOAA's goal of implementing larger-scale 
     ecological restoration and the enormous backlog of coastal 
     habitat restoration projects is acknowledged, and future 
     budget requests are expected to provide appropriate funding 
     levels for such efforts. However, the multitude of important 
     ecosystem benefits of small- to mid-scale habitat restoration 
     projects that involve local communities and contribute to 
     larger-scale regional conservation or restoration plans are 
     critical. NOAA is expected to maintain the small- to mid-
     scale project focus of the CRP that continues to provide 
     broad ecosystem benefits; involving community oriented 
     organizations and their communities and citizens at the local 
     level has been essential to CRP's highly successful on-the-
     ground restoration efforts.
       Antarctic research.--The fiscal year 2010 Antarctic field 
     research season was significantly affected by the lack of an 
     appropriate vessel and unexpected weather patterns, reducing 
     the number of samples below minimum levels in an effort to 
     ensure the safety of the crew and research teams. However, 
     maintaining the long-term database is critical to assuring 
     validity with respect to assessing the impacts of climate 
     change. NOAA is directed to ensure that funding levels are 
     sufficient to provide an appropriate and safe vessel, 
     regardless of weather conditions, and that research is 
     conducted as required to maintain continuity of the data.
       Cooperative research.--Cooperative research provides an 
     effective means for fishermen to become involved in the 
     collection of fundamental fisheries information, and given 
     the challenging economic and regulatory conditions facing 
     fishermen, the bill provides $11,600,000, which is $4,500,000 
     above the request, and is in addition to the $6,002,000 
     included in the catch share program.
       Regional studies.--NOAA's Chesapeake Bay Office is directed 
     to collaborate with the States of Maryland and Virginia to 
     advance multiple species management. NOAA shall continue to 
     utilize Sea Grant programs from both States and the National 
     Centers for Coastal Ocean Science, particularly the 
     Cooperative Oxford Laboratory (COL), on oyster restoration 
     and spatial planning science and management goals. NOAA is 
     directed to provide the Committees on Appropriations with a 
     report within 60 days of enactment of this Act, detailing a 
     clear strategic partnership between NOAA's Chesapeake Bay 
     Laboratory and COL, including collaborative breakouts on 
     personnel, resources, and costs.


                 OCEANIC AND ATMOSPHERIC RESEARCH (OAR)

       Climate research.--The bill includes $163,159,000 for the 
     competitive research program; out of the increase provided 
     $2,200,000 is for continued chemical climate research 
     important to climate modeling; $1,400,000 is for atmospheric 
     chemistry to avoid losing a key sampling component; and 
     $1,000,000 is provided for replacement of equipment and 
     facilities damaged by the tsunamis triggered by the 
     earthquake that occurred in September 2009. NOAA is 
     encouraged to reestablish this important research station as 
     quickly as possible and is directed to provide a report to 
     the Committees on Appropriations, within 90 days of enactment 
     of this Act, on its plans to do so.
       Urban greenhouse gas measurements.--NOAA is directed to 
     report to the Committees on Appropriations on the status of 
     urban greenhouse gas measurement within 120 days of enactment 
     of this Act. The report should include whether there is a 
     need to ensure accurate monitoring of greenhouse gases in the 
     urban environment and an opportunity to partner with 
     institutions of higher learning; as well as the feasibility 
     of deploying a network of portable, highly-accurate, low-
     maintenance analyzers that meet the highest international 
     standards in multiple, geographically-diverse cities.
       Laboratories and cooperative institutes.--The Committees on 
     Appropriations are aware that NOAA is underfunding 
     cooperative institutes and creating partnerships with the 
     external community under false financial pretenses. An 
     increase is provided to help bridge this gap, including 
     $2,000,000 in competitive funding above the ocean, coastal, 
     and Great Lakes laboratories and cooperative institutes 
     request for external coral reef institutes. The 
     Administration is expected to fully fund cooperative 
     institutes and laboratories at appropriate levels in future 
     years.
       Weather and air quality research.--The bill includes 
     $650,000 for laboratories and cooperative institutes for 
     instrumentation and operation of state of the art monitoring 
     of nutrients and mercury speciation measurement stations and 
     laboratories.
       National Sea Grant College program.--The bill includes 
     $63,000,000, of which $4,500,000 is for marine aquaculture 
     research and $2,000,000 is for aquatic invasive species 
     research; both shall be coordinated by NOAA's Sea Grant 
     office.


                     NATIONAL WEATHER SERVICE (NWS)

       Space weather.--The importance of solar flare predictions 
     in space weather forecasting is recognized, and NOAA is 
     encouraged to further develop research efforts to improve the 
     statistical certainty of solar flare predictions.
       National Mesonet program.--The bill includes $25,400,000 
     for continuation and expansion of the National Mesonet 
     program, including: (1) $13,400,000 to maintain data 
     procurements from existing surface in-situ observations 
     including those initiated during the initial phases of the 
     program, as well as those added in recent years; (2) 
     $4,000,000 for expansion of surface in-situ observations in 
     all areas of the country including urban and non-urban rural, 
     coastal and mountainous regions for purposes of weather and 
     climate monitoring; (3) $2,000,000 for establishment of a 
     National Mesonet Test Bed project to demonstrate the 
     integration of multifunctional observing systems including 
     both surface in-situ and remote sensing profilers for 
     improved forecasts and benefits to top priority segments of 
     the economy including renewable energy growth and aviation 
     efficiencies; (4) $5,000,000 for the continued development 
     and expansion of the Mobile Platform Environment (MoPED) 
     System into full capability to ensure that mobile platform 
     environmental data is available to support efforts of the 
     NWS; (5) $500,000 for enhancements to the Meteorological 
     Assimilation Data Ingest System (MADIS), including continued 
     evolution of metadata handling and performance capabilities, 
     contingent upon submission of a plan that shows a multi-year 
     justification for why MADIS expansion is preferable to 
     competitive procurement of tools developed by the private 
     sector for the same purpose; and (6) $500,000 for the 
     National Mesonet program office for oversight and data 
     utilization initiatives. NOAA is expected to include a robust 
     and expanded national mesonet program in its fiscal year 2012 
     budget request.


NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE (NESDIS)

       Scatterometer.--NOAA is directed, together with NASA which 
     is similarly directed, to continue co-funding joint studies 
     within available funds that should lead to a fiscal year 2012 
     request to build and fly an operational scatterometer 
     providing sea surface vector wind measurements. The 
     Committees on Appropriations are concerned that such a 
     request was not included in fiscal year 2011, given the 
     demise of the QuikSCAT. NOAA should aggressively pursue 
     negotiations to secure a flight opportunity for this 
     instrument that is both reliable and timely.
       Archive, access, and assessment.--The bill includes 
     $75,000,000, an increase of $10,145,000 above fiscal year 
     2010, to transition climate data records (CDR) to operations; 
     continue additional CDR development; and to close the gap in 
     long-term safe storage of and access to the Nation's 
     environmental data and information.


                          PROGRAM SUPPORT (PS)

       Facilities.--The bill includes $36,346,000 for NOAA 
     facilities, which includes $7,000,000 for renovations and 
     modernization of facilities necessary to support weather and 
     climate modeling needs. No funding for the Marine Operations 
     Center--Atlantic facility is provided as its construction has 
     already been financed.
       Acquisition workforce capacity and capabilities.--NOAA may 
     use up to $1,908,414 for additional acquisition workforce 
     capacity and capabilities, as requested, from available 
     funds.
       Administrative funding cap.--The Committees on 
     Appropriations are concerned about the lack of transparency 
     and visibility of all administrative costs incurred by NOAA's 
     corporate staff and line offices, including regional and 
     field offices. The Committees are particularly concerned that 
     the non-visible administrative cost components may be 
     increasing more rapidly than the directly visible corporate 
     services appropriation enacted to pay for NOAA corporate 
     administrative costs. For example, NOAA has continued to 
     assess line office programs for a portion of their corporate 
     administrative costs through a ``direct billing'' process 
     that is not visible to the Committees. Over the past five 
     years, the corporate services appropriation has accounted for 
     a declining share of total NOAA corporate administrative 
     costs, while the ``direct billing'' share of these costs has 
     increased significantly.
       To address these concerns, the bill establishes a cap on 
     all NOAA headquarters (HQ) administrative costs for fiscal 
     year 2011. This new cap limits the amount of ORF and PAC 
     funds that can be used for administrative costs incurred by 
     NOAA's corporate and line office HQ operations. The cap for 
     fiscal year 2011 is $413,000,000, of which up to $391,000,000 
     may be met using ORF funds and up to $22,000,000 may be met 
     using PAC funds. This $413,000,000 limitation may be 
     increased up to five percent, with congressional notification 
     of the reasons for any proposed increase at least 15 days in 
     advance of the need. This cap includes the corporate services 
     appropriation within ORF and all NOAA payments to the 
     Department of Commerce for administrative services. No other 
     funds appropriated for NOAA in this Act may be used to pay 
     for NOAA administrative costs. Administrative costs consist 
     of those for the following standard administrative functions: 
     (1) general management and direction, including public 
     affairs and information dissemination activities; (2) legal 
     services; (3) CFO operations including budget, finance, and 
     accounting activities; (4) CIO operations and all IT-related 
     expenses: (5) CAO operations, including facilities and 
     security costs; (6) human resources services, including EEO; 
     and (7) procurement, acquisition and grants management 
     operations.
       Although the NOAA line offices also incur administrative 
     costs at the field offices and financial management centers 
     (FMCs) that execute their programs, these costs are not 
     included in the administrative cost cap for two reasons. 
     First, the distinction between administrative and program 
     costs for field

[[Page S9338]]

     operations is less clear than for line office HQ operations. 
     Second, the current data identifying these field 
     administrative costs appear incomplete and less reliable than 
     HQ data. A cap may be imposed on these costs at a future 
     date.
       In addition, NOAA shall provide a report to the Committees 
     on Appropriations within 30 days of enactment of this Act 
     that identifies total NOAA administrative costs for fiscal 
     year 2009 actual, fiscal year 2010 actual, and fiscal year 
     2011 planned for NOAA corporate staff and each line office, 
     including the Office of Marine and Aircraft Operations. The 
     report shall also identify the administrative costs incurred 
     by these organizational entities, as well as the field 
     offices and FMCs, for the standard administrative functions 
     described above. Similar tables shall be included in all 
     subsequent NOAA annual budget justifications provided to 
     Congress.
       Education.--The bill includes $10,000,000 for competitive 
     educational grants, of which $2,500,000 is to continue the 
     ocean education partnership and $2,500,000 is to improve 
     geographic literacy in the Nation's schools utilizing NOAA's 
     national network of weather and environmental activities; 
     $14,000,000 for the educational partnership program with 
     minority serving institutions; a total of $8,700,000 for BWET 
     regional programs; $2,000,000 for the GLOBE program in 
     partnership with the National Aeronautics and Space 
     Administration; and $2,000,000 to ensure an appropriate 
     administrative level. NOAA is directed to request separate 
     funding for each program element in future budget requests, 
     rather than rolling the funding up into one line.
       Justification improvement.--NOAA is directed to continue to 
     work with the Committees on Appropriations to reformat the 
     justification into a more transparent, informative and user-
     friendly document. The Department is similarly directed.
       Research and development (R&D) tracking and outcomes.--NOAA 
     is directed to continue to track the division of R&D funds 
     between intramural and extramural research; assure 
     consistency and clarity in the collection and reporting of 
     data; clearly state expected research outcomes and available 
     funding to provide transparency into the competitive grant 
     process; and increase extramural research funding in future 
     requests to build broad community support and leverage 
     external funding for mission-oriented research.

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               PROCUREMENT, ACQUISITION, AND CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes a total program level of $2,002,219,000 
     in direct obligations for procurement, acquisition, and 
     construction (PAC). The PAC cap for fiscal year 2011 is 
     $22,000,000, which may be increased by up to five percent 
     with congressional notification of the reasons for any 
     proposed increase at least 15 days in advance of the need. No 
     other funds appropriated for NOAA in this Act may be used to 
     pay for NOAA administrative costs.
       The following narrative descriptions and tables identify 
     the specific activities and funding levels included in this 
     Act:
       National Environmental Satellite, Data and Information 
     Service (NESDIS).--NOAA's efforts to move forward with a 
     full-scale radio occultation satellite constellation is 
     supported. However, NOAA is encouraged to explore fully the 
     possibility of buying radio occultation data from private 
     American companies, as a sole or supplemental source for this 
     data. Funding is also provided for DSCVR and replacement of 
     the ACE spacecraft, and NOAA is directed to report to the 
     Committees on Appropriations by February 7, 2011, on the most 
     expeditious and cost effective options for making DSCVR 
     operational and replacing the ACE spacecraft.
       Joint polar satellite system (JPSS).--Despite months of 
     encouraging rhetoric about overhauling the highly troubled 
     National Polar-orbiting Operational Environmental Satellite 
     System (NPOESS), the Administration has failed to fully 
     execute plans to restructure the civil portion of this 
     program and migrate its associated contracts over to NOAA and 
     NASA. The Committees on Appropriations remain concerned at 
     the lack of definitive budgeting as well as decisional delays 
     caused by uncertainty over the transition of the legacy 
     program, including possible contract termination costs. It is 
     unconscionable that critical National weather and climate 
     data are held hostage to contract negotiations, not to 
     mention the budgetary impacts and implications. As a result 
     of the lack of clarity, the bill includes $1,803,609,000 for 
     all of NOAA's satellite programs. The agency is directed to 
     ensure a 2014 launch date of JPSS-1, to minimize the 
     potential gap in civil weather forecasting. NOAA is directed 
     to provide a detailed budget plan no later than 90 days after 
     enactment of this Act, to include funding level options 
     ranging from less expensive to preferred path. Once NOAA has 
     provided a more refined budget, should the need for 
     reprogramming become evident, the Committees will be 
     receptive to such a request. NOAA is further directed to 
     provide monthly programmatic and procurement status reports.
       Inspector General (IG) oversight.--The bill includes a 
     transfer of $1,000,000 from PAC to the IG for oversight and 
     auditing to ensure that the current satellite programs avoid 
     the cost overruns and enormous administrative overhead 
     associated with NPOESS. Without aggressive oversight and 
     fiscal vigilance, this program has the potential to overwhelm 
     the remainder of NOAA's future budgets. NOAA is directed to 
     incorporate all IG recommendations for the geostationary and 
     polar-orbiting satellite programs.
       Comprehensive large array stewardship system (CLASS).--The 
     bill includes $18,476,000 for CLASS. Of these funds, 
     $5,500,000 is for maintenance, operations, and implementation 
     of enhancements from development activity, and $15,976,000 is 
     for contracted development, with project administration and 
     oversight to be at NOAA's National Climatic Data Center.

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                    PACIFIC COASTAL SALMON RECOVERY

       The bill includes $80,000,000 for the Pacific Coastal 
     Salmon Recovery Fund, requires all funds to be allocated 
     based on scientific and merit principles, and prohibits the 
     availability of funds for marketing activities.


                      FISHERMEN'S CONTINGENCY FUND

       The bill includes $250,000 for the Fishermen's contingency 
     fund and directs the agency to request funding for this 
     program on an annual basis.


                      COASTAL ZONE MANAGEMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes language transferring not to exceed 
     $3,000,000 from the Coastal Zone Management Fund to 
     ``Operations, Research, and Facilities.''


                   FISHERIES FINANCE PROGRAM ACCOUNT

       The bill includes language under this heading limiting 
     obligations of direct loans to $16,000,000 for Individual 
     Fishing Quota loans and $59,000,000 for traditional direct 
     loans.

                        Departmental Management


                         SALARIES AND EXPENSES

       The bill includes $64,595,000 for Departmental Management, 
     which provides for the Department's highest priorities, 
     including full funding of the IT cyber security initiative. 
     The Department may use up to $1,377,991 for increasing 
     acquisition workforce capacity and capabilities, as 
     requested, from available funds.
       Repatriation initiative.--A key component to doubling U.S. 
     exports is the repatriation of U.S. jobs that have moved 
     abroad. The Secretary is directed to launch a job 
     repatriation initiative, to include the development of a 
     ``best practices'' for States and local communities to use to 
     grow their manufacturing base, and the expertise and 
     resources of ITA, EDA, MBDA, and NIST, in coordination with 
     other Federal economic development agencies, such as the 
     Small Business Administration. The Secretary is directed to 
     submit a report to the Committees on Appropriations on the 
     implementation of this initiative 120 days after enactment of 
     this Act.
       Justification improvement.--The Department is directed to 
     continue to work to reformat all Department of Commerce (DOC) 
     justifications into more transparent, informative, and user-
     friendly documents.
       Departmental oversight.--The Department is directed to 
     continue to develop oversight capacity of the USPTO; track 
     fee collections and other pertinent policy and economic 
     impacts; avoid budgetary shortfalls; and ensure that the 
     Department and the Committees on Appropriations are fully 
     informed on USPTO funding issues.
       Emergency steel loan guarantee (ESLG) program.--The 
     proposed rescission of the remaining unobligated subsidy 
     balances associated with the ESLG program is rejected.
       Native American affairs.--The Department is encouraged to 
     expand the scope of the operations of the new office of the 
     Senior Advisor for Native American Affairs within available 
     funding.
       U.S. Israel Science and Technology Commission (USISTC).--
     DOC is directed to report on the feasibility of 
     reestablishing the USISTC within the DOC, and encourages the 
     commitment of appropriate resources.
       National manufacturing strategy.--Within six months of 
     enactment of this Act, DOC is directed to submit a report to 
     the Committees on Appropriations and post on a public website 
     a National manufacturing strategy outlining the initiatives 
     the Administration is pursuing to strengthen the Nation's 
     manufacturing sector and detailing progress made since the 
     release of ``A Framework for Revitalizing American 
     Manufacturing'' in December 2009.


                      RENOVATION AND MODERNIZATION

       The bill includes $5,000,000 for continued renovation 
     activities.


                      OFFICE OF INSPECTOR GENERAL

       The bill includes $29,394,000 for the Office of Inspector 
     General (IG) for fiscal year 2011. In addition, the bill 
     includes transfers to the IG from USPTO and NOAA satellites 
     for oversight and audits of those activities. The IG is 
     directed to provide semiannual reports on the status and 
     progress of the 2020 decennial.

               General Provisions--Department of Commerce

       The following general provisions are included for the 
     Department of Commerce:
       Sections 101, 102 and 104 through 108 continue longstanding 
     general provisions without substantive change from previous 
     years.
       Section 103 modifies the authority to transfer funds 
     between Department of Commerce accounts, including NOAA, and 
     requires notification to the Committees on Appropriations of 
     certain actions.
       Section 109 establishes interim authorities regarding 
     American Samoa's bigeye tuna fishery catch allocation.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration


                         SALARIES AND EXPENSES

       The bill provides $145,565,000 for General Administration, 
     Salaries and Expenses.
       Terrorism trials of former Guantanamo Bay detainees.--The 
     bill does not include the Administration's request of 
     $72,771,000 for the first year costs of criminal trials for 
     some former Guantanamo Bay detainees. This reduction reflects 
     the fact that the Administration's plan for these trials is 
     still undefined.
       Office of Legislative Affairs (OLA).--OLA needs to provide 
     the Committees on Appropriations with information proactively 
     and in a timely manner, but this has not been consistent 
     practice over the past two years. OLA is directed to take 
     whatever steps are necessary (including communicating with 
     the White House to end unhelpful and counterproductive 
     information embargoes) to improve the sharing of information 
     with the Congress.
       International Organized Crime (IOC).--The bill includes 
     funds for the IOC Intelligence and Operations Center, the 
     Attorney General's Organized Crime Council Program Support 
     Office and IOC increases requested in other bureaus. 
     Resources requested to provide a central fund for IOC case 
     operation costs, however, should continue to be derived from 
     the Attorney General's special projects fund or other 
     available sources. If the IOC initiative is intended to be a 
     permanent fixture that will appear in future requests, the 
     Department of Justice (DOJ) should develop a strategy for 
     funding this program somewhere other than the executive 
     leadership budget.
       Cooperation with the Government Accountability Office 
     (GAO).-- The Department is directed to develop, in 
     consultation with GAO, a compromise that will allow 
     congressional oversight to proceed as necessary on 
     intelligence-related programs. As part of the negotiation of 
     this compromise solution, DOJ is directed to work more 
     broadly with GAO on improving the quality, quantity and 
     timeliness of DOJ responses to GAO reviews on all subjects, 
     including those that are not directly related to intelligence 
     or national security programs.
       Missing and unidentified persons system.--The Department is 
     directed to report to the Committees on Appropriations on how 
     it plans to share information between the National Crime 
     Information Center and online databases containing 
     information on unidentified decedents and missing persons. 
     This report shall be submitted within 180 days of the 
     enactment of this Act.
       Gang enforcement.--The Department should continue to strive 
     for better cooperation among anti-gang entities and greater 
     effectiveness in enhancing and linking gang cases. In 
     addition, the Department shall continue keeping the 
     Committees on Appropriations informed of any planned 
     management and organizational changes regarding anti-gang 
     efforts.
       Obscenity enforcement.--The Department shall report to the 
     Committees on Appropriations within 180 days of enactment of 
     this Act on Obscenity Prosecution Task Force staffing and 
     spending levels, as well as on obscenity investigation and 
     prosecution workload statistics and accomplishments, both 
     currently and since the creation of the Task Force in 2005.
       Prison rape elimination.--The Department shall publish, as 
     soon as possible, a final rule adopting national standards 
     for eliminating prison rape as mandated by the Prison Rape 
     Elimination Act (PREA) of 2003, and continue efforts to 
     provide assistance in the form of training, technical 
     assistance, and implementation grants to assist State, local, 
     and tribal jurisdictions in achieving compliance with PREA 
     national standards.
       Tribal law enforcement.--The Department shall submit a 
     report outlining how a pilot project would be structured to 
     assess the impacts of expanding tribal law enforcement 
     jurisdiction. The report should include a description of: 1) 
     how a pilot tribe would be selected; 2) which categories of 
     crime would be included in the jurisdictional expansion; 3) 
     how tribal capacity issues would be addressed; 4) what 
     statutory changes would be necessary; 5) how constitutional 
     safeguards would be implemented; and 6) how the Department 
     would evaluate the success or failure of the pilot. This 
     report shall be submitted to the Committees on Appropriations 
     no later than 180 days after the enactment of this Act. To 
     the extent additional funding would be required to enhance 
     tribal capacity as part of such a pilot, grant funding 
     through the Department's tribal grant programs shall be 
     available for this purpose in fiscal year 2011 and future 
     years as necessary.
       Tribal consultation.--Within 150 days of enactment of this 
     Act, the Attorney General shall provide the Committees on 
     Appropriations with a report on how DOJ will use the tribal 
     consultation process to further streamline and coordinate 
     programs and funding opportunities for Native Americans both 
     within DOJ and with relevant programs of the Department of 
     the Interior.


                   NATIONAL DRUG INTELLIGENCE CENTER

       The bill provides $44,580,000 for the National Drug 
     Intelligence Center.


                 JUSTICE INFORMATION SHARING TECHNOLOGY

       The bill provides $124,585,000 for Justice Information 
     Sharing Technology.
       Unified Financial Management System (UFMS).--The direct 
     appropriation for UFMS is focused on the ongoing needs of the 
     Project Management Office rather than pre-funding the 
     initiation of any additional new work. The Department should 
     add any further necessary development and deployment costs to 
     the planned fiscal year 2011 UFMS reprogramming. For UFMS 
     activity that is undertaken in fiscal year 2011, the 
     Department is directed to continue submitting quarterly 
     reports to the Committees on Appropriations listing 
     milestones for the year, with budget and schedule estimates 
     for each, and describing progress made against each of those 
     milestones.
       Joint Automated Booking System (JABS).--In order to account 
     for a slower rollout schedule for JABS biometric upgrades, 
     the JABS

[[Page S9352]]

     enhancement request has been reduced by $3,000,000.
       Justice Consolidated Office Network (JCON).--The Department 
     is directed to find program and acquisition efficiencies 
     sufficient to sustain an $8,000,000 reduction to this line 
     item.
       Litigation Case Management System (LCMS).--Since the budget 
     request was submitted, the Department has decided to 
     terminate LCMS due to intractable programmatic and management 
     problems. As a result, the bill has eliminated all LCMS 
     funding from this account. Any closeout costs needed for the 
     program can be covered with funds remaining from the fiscal 
     year 2010 LCMS reprogramming or other available sources.
       Cyber security and secure communications.--The bill 
     provides $32,100,000 for the continued strengthening of DOJ's 
     cyber security and secure communications programs.


                LAW ENFORCEMENT WIRELESS COMMUNICATIONS

       The bill provides $207,727,000 for Law Enforcement Wireless 
     Communications.
       Integrated Wireless Network (IWN).--The Department is 
     directed to continue submitting quarterly reports to the 
     Committees on Appropriations on planned and actual IWN 
     milestone achievement, including budget and schedule 
     parameters. This year, the quarterly reports should also 
     include a description of the Department's efforts to ensure 
     that components are purchasing equipment that is compliant 
     with Project 25 standards.

                   Administrative Review and Appeals

       This bill provides $315,420,000 for Administrative Review 
     and Appeals.
       Legal Orientation Program (LOP).--The bill provides 
     $6,200,000 for the LOP, which includes $2,000,000 for the 
     custodians of unaccompanied alien children program and an 
     increase of $200,000 to cover the costs of the recent 
     expansion of the LOP. The Executive Office for Immigration 
     Review (EOIR) is directed to dedicate additional funds to 
     LOP, as necessary and available, to ensure that there is no 
     decrease in the level of support for LOP from year to year.
       Immigration Court staffing.--EOIR is directed to submit a 
     report to the Committees on Appropriations showing authorized 
     Immigration Judge (IJ) staffing, start of year on-board 
     levels, anticipated attrition, planned hiring and expected 
     end of year on-board levels. This report should be provided 
     no later than 120 days after the enactment of this Act and 
     should be supplemented by quarterly updates showing actual 
     data as it is received. When allocating new law clerk 
     positions among IJ teams, EOIR is directed to prioritize the 
     addition of clerk positions to teams where the ratio of 
     judges to clerks exceeds 1:1.

                           Detention Trustee

       The bill provides $1,533,863,000 for the Office of the 
     Federal Detention Trustee (OFDT).
       Population estimates.--The Appropriations Committees 
     continue to be concerned with the Department's ability to 
     anticipate the funding needs for this account. In order to 
     improve tracking of the cost drivers for detention space 
     needs, OFDT is directed to continue reporting to the 
     Committees on a quarterly basis the number of individuals in 
     the detention system, the projected number of individuals and 
     the annualized costs associated with them.

                      Office of Inspector General

       The bill provides $88,792,000 for the Office of Inspector 
     General.

                    United States Parole Commission


                         SALARIES AND EXPENSES

       The bill provides $13,582,000 for the United States Parole 
     Commission.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       This bill provides $969,989,000 for General Legal 
     Activities. The funding is provided as follows:


        Program                                                  Amount
Solicitor General...........................................$11,018,000
Tax Division................................................115,972,000
Criminal Division...........................................187,625,000
Civil Division..............................................334,944,000
Environment and Natural Resources Division..................111,410,000
Office of Legal Counsel.......................................7,782,000
Civil Rights Division.......................................161,885,000
INTERPOL-USNCB...............................................38,518,000
Office of Dispute Resolution....................................835,000
                                                       ________________
                                                       
  Total.....................................................969,989,000

       Tribal trust litigation.--The Environment and Natural 
     Resources Division's costs for conducting all tribal trust 
     litigation and related activities in fiscal year 2011 will be 
     paid for by the Department of Interior; consequently, these 
     funds were not provided directly through this division.
       Human trafficking and slavery.--Within amounts provided for 
     the Civil Rights Division, $5,300,000 is for the Human 
     Trafficking and Slavery Prosecution Unit.
       Human rights crimes.--The Criminal Division is directed to 
     continue increasing efforts to investigate and prosecute 
     serious human rights crimes, including genocide, torture, use 
     or recruitment of child soldiers and war crimes. Within the 
     Criminal Division budget, $1,800,000 shall be allocated for 
     attorneys, analysts and support personnel to pursue these 
     cases.
       Child exploitation.--The bill provides $1,500,000 above the 
     request to enhance INTERPOL's efforts to establish a 
     dedicated global unit to fight child exploitation. This unit 
     will assist in enforcement requirements outlined in the Adam 
     Walsh Child Protection and Safety Act (the ``Adam Walsh 
     Act,'' or AWA) and other initiatives aimed at combating child 
     sexual exploitation.


                 VACCINE INJURY COMPENSATION TRUST FUND

       The bill provides $7,833,000 for the Vaccine Injury 
     Compensation Trust Fund.


               SALARIES AND EXPENSES, ANTITRUST DIVISION

       The bill provides $71,028,000 in direct appropriations for 
     the Antitrust Division.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

       The bill provides $2,041,269,000 for the United States 
     Attorneys.
       AWA enforcement.--The U.S. Attorneys are directed to spend 
     no less than $38,460,000 on prosecutions and other activities 
     pursuant to the AWA. The U.S. Attorneys should continue to 
     make AWA and other child exploitation cases a prosecutorial 
     priority.
       Human trafficking.--The Executive Office for U.S. Attorneys 
     (EOUSA), in consultation with each U.S. Attorney, is directed 
     to designate a point of contact in each U.S. Attorney Office 
     who shall serve as the coordinator for all activities within 
     that office concerning human trafficking and slavery matters 
     covered by the Trafficking Victims Protection Act. Each 
     office is also urged to convene quarterly working-level 
     meetings, where Federal, State and local law enforcement are 
     represented, focusing specifically on combating human 
     trafficking.
       Indian Country programs.--The U.S. Attorneys are directed 
     to spend no less than $31,965,000 on prosecutions and related 
     activities in Indian Country. EOUSA is directed to closely 
     monitor caseload trends in districts with Indian Country 
     responsibilities and to take actions, as appropriate, to 
     direct additional funds to these districts if needed. EOUSA 
     is also directed to submit a report describing the status of 
     its pilot tribal community prosecution teams and summarizing 
     their activities and achievements to date. This report shall 
     be submitted to the Committees on Appropriations no later 
     than 150 days after the enactment of this Act.


                   UNITED STATES TRUSTEE SYSTEM FUND

       The bill provides a net direct appropriation of $0 for the 
     United States Trustees.
       Debtor audits.--The Trustees shall submit a report 
     quantifying the budgetary need for debtor audits in 2011 and 
     outlining a plan for how those needs will be met with 
     available resources. This report shall be submitted to the 
     Committees on Appropriations no later than 90 days after the 
     enactment of this Act.


      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

       The bill provides $2,159,000 for the Foreign Claims 
     Settlement Commission.


                     FEES AND EXPENSES OF WITNESSES

       The bill provides $270,000,000 for Fees and Expenses of 
     Witnesses.


           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

       The bill provides $12,606,000 for the Community Relations 
     Service (CRS).
       Emmett Till Unsolved Civil Rights Crime Act activities.--
     With funds provided, CRS should continue partnering with law 
     enforcement agencies and communities in conflict resulting 
     from the investigation of unsolved civil rights era cold 
     cases.


                         ASSETS FORFEITURE FUND

       The bill provides $20,990,000 for the Assets Forfeiture 
     Fund.

                     United States Marshals Service


                         SALARIES AND EXPENSES

       The bill provides $1,180,534,000 for the United States 
     Marshals Service (USMS), Salaries and Expenses.
       Sex offender apprehension.--Although the Marshals Service 
     has annualized prior year AWA enforcement funding into its 
     base budget, it has consistently failed to request new 
     resources to expand the sex offender apprehension program. In 
     order to provide an infusion of new resources in fiscal year 
     2011, the bill provides $10,181,000 for additional AWA-
     related activities and the operations of the National Sex 
     Offender Targeting Center. These funds are provided in place 
     of the money requested for the Special Operations Group and 
     the Technical Operations Group. If additional funds are 
     needed to meet AWA program needs, the Department should 
     reprogram resources from lower priority programs.
       Contract management in the districts.--Marshals 
     Headquarters should continue to exert more central control 
     over contracting practices in the districts in order to move 
     every district toward contracting best practices and identify 
     problems in the field more quickly. The Marshals Service 
     should also continue preliminary efforts, in consultation 
     with affected employees, to establish an ombudsman office to 
     address contract-related problems that arise in the 
     districts.
       Regional Fugitive Task Forces (RFTFs).--The Marshals are 
     directed to provide $20,000,000 to enhance existing RFTFs and 
     to establish new task force capabilities in areas not 
     currently served by RFTFs.


                              CONSTRUCTION

       The bill provides $26,625,000 for Marshals Construction.

                       National Security Division


                         SALARIES AND EXPENSES

       The bill provides $99,537,000 for the National Security 
     Division.

[[Page S9353]]

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

       The bill provides $574,319,000 for the Organized Crime and 
     Drug Enforcement Task Forces (OCDETF).
       Strike Force personnel.--OCDETF is directed to submit a 
     report showing the fiscal year 2010 and planned fiscal year 
     2011 distribution of personnel (by bureau) to each of the 
     collocated Strike Forces. This report should be submitted to 
     the Committees on Appropriations no later than 120 days after 
     the enactment of this Act.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       The bill provides $8,089,597,000 for the Federal Bureau of 
     Investigation (FBI), Salaries and Expenses.
       Program increases.--The bill provides funds for all 
     requested program increases in full, with the exception of 
     Render Safe. The FBI can space the acquisition of its Render 
     Safe planes over two years without degrading its readiness 
     posture below that which is currently available via the 
     leased aircraft. Consequently, the bill has reduced the 
     request by $17,878,000, or the cost of one plane. If the FBI 
     wants to proceed with the acquisition of the second plane in 
     fiscal year 2011, a reprogramming request may be submitted to 
     accomplish this.
       Human trafficking.--The bill includes $5,000,000 above the 
     request for the investigation of trafficking in persons and 
     the provision of victim witness coordinators for trafficking 
     cases.
       Law enforcement in Indian Country.--The bill funds 81 new 
     FBI positions for law enforcement in Indian Country, at a 
     cost of $19,000,000, within the FBI's own budget rather than 
     through the Bureau of Indian Affairs. These positions are to 
     be available exclusively for Indian Country programs and 
     allocated to areas of greatest need.
       Adherence to notification requirements.--The FBI is 
     directed to work with the Office of Management and Budget to 
     transition its budget from the current four decision units to 
     a new set based more closely on the FBI's operating 
     structure. This will rationalize the Bureau's budget 
     execution and improve its ability to identify when an 
     internal reallocation of funds should trigger Section 505 
     notification requirements. To ensure that notifications are 
     provided as needed during the time that the new decision 
     units are being constructed, the FBI is directed to develop 
     and issue strict new guidance on adherence to Section 505 
     requirements, including guidance on how and when to provide 
     notification of reallocations that are intended to be 
     temporary.
       Hiring plan.--The FBI is directed to once again submit a 
     hiring plan and quarterly updates on staffing, consistent 
     with the direction provided in the statement accompanying 
     Public Law 111-117. Along with the Bureau-wide staffing data 
     already requested, the FBI is directed to include in the 
     quarterly reports a tracking of the number of authorized and 
     onboard victim-witness coordinators at the Bureau.
       Intellectual property rights (IPR) enforcement.--IPR 
     enforcement should remain an investigative priority at the 
     Bureau. In order to maximize the effectiveness of IPR 
     enforcement, the Bureau should make all necessary efforts to 
     coordinate and cooperate with IPR units at the U.S. Attorneys 
     and the Criminal Division. In addition, the FBI is directed 
     to submit a report on the activities of its dedicated agents 
     investigating IPR cases. Specifically, the report should 
     demonstrate that the additional IPR agents provided in P.L. 
     111-8 and 111-117 (to a base level of no less than 
     $25,100,000) are solely investigating and prosecuting 
     violations of Federal intellectual property law. The report 
     shall also provide an accounting of the agents placed in 
     specific field offices with Computer Hacking and Intellectual 
     Property units and the types of intellectual property 
     investigations pursued by these agents. The report shall be 
     submitted to the Committees on Appropriations no later than 
     120 days after the enactment of this Act.
       Unobligated and unexpended balances.--The FBI is directed 
     to work with the Committees on Appropriations to develop a 
     reporting structure that will provide clear accountings of 
     unobligated and unexpended balances on a regular schedule. In 
     the meantime, GAO is directed to review the FBI's processes 
     for periodically reviewing its unexpended balances and 
     reallocating any balances that are determined to be available 
     for deobligation. This review should ensure that the FBI's 
     procedures are appropriately rigorous and include a 
     comparison of the FBI's practices to those in other Federal 
     agencies. GAO shall report to the Committees on 
     Appropriations on the results of this review no later than 
     180 days after the enactment of this Act.
       Criminal Justice Information Services (CJIS) Division.--The 
     bill provides $675,600,000 for the CJIS Division. This total 
     includes $291,100,000 of appropriated funds and $384,500,000 
     of user fees.
       Animal cruelty data in the Uniform Crime Report (UCR).--The 
     FBI is directed to facilitate the prompt consideration by the 
     CJIS Advisory Policy Board of any received proposal to add 
     animal cruelty data to the UCR.
       Next Generation Identification (NGI) system.-- The FBI is 
     directed to identify the fiscal year 2011 expected costs for 
     NGI in its portion of the DOJ spending plan and to 
     immediately notify the Committees on Appropriations of any 
     changes to NGI's budget, schedule or expected achievements 
     that emerge during the course of the year.
       File inventory.--The FBI is directed to continue supporting 
     its nationwide file inventory program at a funding level no 
     less than the level provided for this activity in fiscal year 
     2010.
       Gang enforcement.--The FBI is directed to continue 
     supporting its Safe Streets Task Force program at no less 
     than the current services level.
       Surveillance.--The bill provides an increase of $25,179,000 
     to hire additional personnel to help address gaps within the 
     Bureau's surveillance program. No less than 75 percent of 
     these additional funds shall be spent on Special Surveillance 
     Groups.
       Cyber security.--In recognition of the FBI's unique cyber-
     related authorities and expertise, the bill provides 
     $181,754,000, an increase of 163 positions and $45,926,000 
     above the fiscal year 2010 enacted level, to further the 
     Bureau's investigatory, intelligence gathering and 
     technological capabilities to address cybercrime.
       Human rights violations.--The FBI is directed to increase 
     its efforts to investigate and support the prosecution of 
     serious human rights crimes committed by foreign nationals, 
     including genocide, torture, and use or recruitment of child 
     soldiers. Within the amounts provided, the FBI is directed to 
     allocate $1,500,000 for agents and associated support 
     personnel at FBI headquarters to assist with these cases.
       Civil rights enforcement.--Civil rights investigations are 
     a top investigative priority of both the Bureau and the 
     Congress. The bill provides the request of $36,600,000 for 
     the civil rights enforcement program, which will support 
     investigations of hate crimes, civil rights era cold cases 
     pursued under the Emmett Till Unsolved Civil Rights Crime 
     Act, and related offenses.
       Child exploitation programs.--Despite a multiyear increase 
     in Internet exploitation cases, the FBI requested a current 
     services budget of $52,971,000 for the Innocent Images 
     program in fiscal year 2011. The bill provides this funding, 
     but the FBI is directed to closely monitor the online sexual 
     predator threat and to allocate additional resources to this 
     program in future requests if necessary. For child 
     prostitution and domestic sex trafficking cases that are not 
     primarily Internet based, the bill provides a total of 
     $26,100,000 through the Bureau's Innocence Lost program.
       Mortgage fraud.--Mortgage fraud activity, particularly in 
     the subprime market, was a contributing factor to the recent 
     economic crisis and continues to play a role in undermining 
     national economic stability. In order to improve the Bureau's 
     ability to identify and investigate these schemes, the bill 
     provides an increase of $71,497,000 to hire additional 
     agents, analysts and support personnel in the white collar 
     crime program to focus on mortgage fraud.
       The DOJ Inspector General revealed last year that the FBI 
     was not making full use of its white collar crime resources 
     despite the greatly increasing workload in this area. In 
     light of these findings and to ensure that the mortgage fraud 
     program is receiving the resources and attention that are 
     expected, the FBI is directed to provide on a quarterly basis 
     a break-out of the personnel allocated to mortgage fraud 
     investigations, the amount of any under- or overburn 
     experienced on mortgage fraud that quarter, and the number of 
     mortgage fraud cases being worked in that quarter.
       DNA technical review standards.--The Committees are aware 
     of proposals to make changes to the FBI's DNA technical 
     review standards; the FBI is directed to keep the Committees 
     on Appropriations apprised of any activity regarding 
     decisions to modify or maintain those standards.
       Sentinel.--The FBI asserts that the problems it has 
     experienced with the Sentinel project are contained; the 
     project will finish late but within budget; and the product 
     delivered through the end of Phase 2 largely reflects what 
     was expected under the program plan. Outside sources seem to 
     agree unanimously that each of these three contentions is 
     overly optimistic. Relatively little was achieved, in terms 
     of delivered benefits to end users, through Phases 1 and 2 
     even though more than 90 percent of the project budget was 
     consumed. It is difficult to imagine that all of Phases 3 and 
     4 can still be achieved with so little remaining funding 
     unless major corners are cut in either execution or function.
       Despite these concerns, the FBI has persisted in committing 
     itself to completing the project within its $451,000,000 
     budget, and the Congress will hold the Bureau to that 
     commitment. Consequently, the FBI is prohibited from spending 
     anything in excess of the $451,000,000 total without first 
     providing notification to the Committees on Appropriations, 
     even if a funding source is available that would not 
     otherwise trigger Section 505 notification requirements.
       To manage the completion of Sentinel, the FBI shall develop 
     a Work Breakdown Structure (WBS) that complies with guidance 
     provided in GAO-09-3SP: Best Practices for Developing and 
     Managing Capital Program Costs. The product-based WBS shall 
     contain the capabilities that complete Sentinel as identified 
     by the DOJ OIG in its 11-01 report (October, 2010). The 
     structure of the Sentinel Completion WBS shall include 
     components for (1) Phase 3 Capabilities, (2) Phase 4 
     Capabilities and (3) Deferred Capabilities. The FBI shall 
     elaborate on each of the three WBS components to itemize the 
     planned or deferred functionality that will complete 
     Sentinel.
       The FBI shall also configure its Earned Value Management 
     System to report

[[Page S9354]]

     progress on the itemized functionality associated with each 
     component.


                              CONSTRUCTION

       The bill provides $130,589,000 for FBI Construction.
       Modernization of FBI Academy facilities.--The bill provides 
     $6,287,000 for renovation and abatement activities necessary 
     for the modernization of existing FBI Academy facilities and 
     $17,000,000 for the construction of a new dormitory on the 
     Academy campus.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

       The bill provides $2,088,176,000 for the Drug Enforcement 
     Administration (DEA), Salaries and Expenses.
       Prescription drug abuse.--The bill provides $291,832,000 
     for DEA's diversion control program. These funds are fully 
     offset by fee collections.
       Methamphetamine cleanup.--The bill provides $10,000,000 
     through the Community Oriented Policing Services (COPS) 
     program to assist State, local and tribal law enforcement 
     agencies with the proper removal and disposal of hazardous 
     materials at clandestine methamphetamine labs, including 
     funds for training, technical assistance, a container program 
     and purchase of equipment. These funds will be provided by 
     transfer to DEA.
       Terrorism Investigations Unit.--DEA is directed to use 
     $4,000,000 for the Special Operations Division to create a 
     third Terrorism Investigations Unit for Afghanistan.


                              CONSTRUCTION

       The bill provides $41,941,000 for DEA Construction.
       El Paso Intelligence Center (EPIC).--The bill provides 
     $41,941,000 for costs related to the renovation of the 
     existing EPIC facility and the expansion of the building. The 
     improvement of physical infrastructure at EPIC should allow 
     DEA to accommodate the increasing interagency demand for 
     space there and will meet the government's need for a 
     centralized and consolidated location for agencies to further 
     coordinate their interdiction, intelligence and investigative 
     activities focused on the Southwest border region.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

       The bill provides $1,162,986,000 for the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives (ATF).
       Project Gunrunner performance.--ATF is directed to provide 
     to the Committees on Appropriations performance data showing 
     how Project Gunrunner offices are contributing to the 
     program's overall goal of reducing firearms trafficking into 
     Mexico. This report shall be submitted no later than 120 days 
     after the enactment of this Act.
       Firearms trafficking between the United States and 
     Mexico.--A reliable baseline of the annual weapons traffic 
     across the U.S. southern border is necessary for the 
     development of the most effective firearms enforcement 
     strategies and the determination of the necessary levels of 
     budgetary support for those strategies. Because such a 
     baseline does not currently exist, ATF is directed to work 
     with the Department of Homeland Security to develop and 
     submit an estimate to the Committees on Appropriations, along 
     with any necessary explanatory material, no later than 180 
     days after the enactment of this Act.
       Firearms tracing capacity.--ATF is urged to identify 
     resources via reprogramming in fiscal year 2011 to begin 
     addressing National Tracing Center capacity and digitization 
     needs and to prioritize funds for these issues in its fiscal 
     year 2012 budget request.
       Addressing the regulatory backlog.--ATF is directed to 
     dedicate $500,000 from within the funds provided to hiring 
     additional regulation writers to reduce the regulatory 
     backlog.
       Implementation of the Prevent All Cigarette Trafficking 
     (PACT) Act.--ATF is directed to report to the Committees on 
     Appropriations on its expected annual costs for 
     implementation of the PACT Act, the extent to which those 
     costs might be covered by deposits in the PACT Anti-
     Trafficking Fund and the plan for covering any new costs that 
     are not offset by the Fund. This report shall be submitted no 
     later than 180 days after the enactment of this Act.
       Gang enforcement.--ATF is directed to continue supporting 
     its Violent Crime Impact Team program at no less than the 
     current services level.

                         Federal Prison System


                         SALARIES AND EXPENSES

       The bill provides $6,553,779,000 for the salaries and 
     expenses of the Federal Prison System. As part of the 
     Department's fiscal year 2011 spending plan, the Bureau of 
     Prisons (BOP) shall propose a distribution of funds by 
     decision unit that incorporates directives in this statement. 
     BOP's fiscal year 2012 budget request shall provide detailed 
     descriptions of the major categories of activities comprising 
     each decision unit and the proposed funding levels for each 
     such category, including comparisons to prior year 
     obligations for each category.
       Correctional worker staffing.--No less than $120,500,000 is 
     for additional base correctional worker staffing in fiscal 
     year 2011 and for the annualized cost of base correctional 
     workers hired during fiscal year 2010. BOP shall identify, as 
     part of the budget requests for fiscal year 2012 and future 
     years, the number of authorized positions for each BOP 
     facility in each correctional worker staffing category, 
     including comparisons of the number of authorized positions 
     in each category for fiscal years 2009 through 2012 and a 
     description of the process used to determine the number of 
     authorized positions for each year.
       Staffing in housing units.-- BOP is directed to provide a 
     report to the Committees on Appropriations, within 180 days 
     of enactment of this Act, describing BOP's policies for 
     assigning correctional officers to housing units in low, 
     medium, and high security prisons. The report should describe 
     how BOP determines the vulnerability of officers to assaults 
     by inmates in housing units; how this vulnerability 
     determination informs the staffing assignments for housing 
     units; the extent to which low staffing levels have prevented 
     BOP from adequately staffing housing units to minimize 
     officer vulnerability; the extent to which additional funding 
     for staffing provided in this bill will be used to increase 
     staffing in housing units; and any strategies BOP has 
     adopted, considered or may consider to mitigate officer 
     vulnerability in housing units.
       New prison activation.--Not less than $72,600,000 shall be 
     used to begin or complete the activation of newly constructed 
     prisons.
       Inmate reentry and Second Chance Act implementation.--No 
     less than $39,695,000 is for BOP's Second Chance Act (SCA) 
     requirements and Residential Reentry Centers (RRC), as 
     requested. BOP shall report quarterly to the Committees on 
     Appropriations on the average length of stay in community 
     corrections, differentiated by average lengths of stay in 
     RRCs and home confinement. In addition, BOP shall submit a 
     report to the Committees on Appropriations, within 120 days 
     of enactment of this Act, on the status of implementing 
     Government Accountability Office recommendations (GAO-010-
     854R) regarding BOP's strategic approach to budgeting for 
     inmate reentry programs. As part of its portion of the 
     Department's fiscal year 2011 spending plan, BOP shall 
     delineate the funding to be provided for each of its programs 
     and activities related to inmate reentry and SCA 
     implementation. Current and future reentry programming should 
     be informed by the recommendations and themes included in the 
     recent report of BOP's independent panel on prisoner reentry. 
     As part of the fiscal year 2012 budget submission, BOP shall 
     provide a detailed description of the coordinated prisoner 
     reentry strategy required by the SCA, which should include 
     clearly defined goals, an implementation timeline, the 
     estimated costs of implementing the strategy in fiscal year 
     2012, and the estimated cost of fully implementing the 
     strategy.
       Counterterrorism activities.--No less than $14,200,000 is 
     for the full estimated cost of BOP's counterterrorism 
     activities.
       National Institute of Corrections (NIC).--No less than 
     $20,320,000 is for the NIC.


                        BUILDINGS AND FACILITIES

       The bill provides $269,733,000 for the construction, 
     acquisition, modernization and repair of prison and detention 
     facilities housing Federal inmates.
       Modernization and repair (M&R).--BOP shall provide an 
     updated report to the Committees on Appropriations, within 90 
     days of enactment of this Act, identifying the total 
     estimated cost of all pending M&R projects by region and the 
     methodology used to develop those estimates. BOP shall 
     provide a similar M&R backlog list as part of its budget 
     request for future years. In addition, the Government 
     Accountability Office (GAO) shall review the methods that BOP 
     uses to identify and prioritize needed facility improvements, 
     the processes it uses to estimate associated costs, and its 
     plan for addressing its M&R backlog. GAO shall report to the 
     Committees on Appropriations, making recommendations for any 
     needed improvements, by September 15, 2011.
       Construction.--Within 30 days of enactment of this Act, BOP 
     shall provide to the Committees on Appropriations the most 
     recent status of construction report and shall notify the 
     Committees of any deviations from the construction and 
     activation schedule, including detailed explanations of the 
     causes of delays and actions proposed to address them.


   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

       The bill establishes a limitation on administrative 
     expenses of $2,700,000 for Federal Prison Industries, 
     Incorporated (FPI). FPI is directed to report to the 
     Committees on Appropriations within 180 days of enactment of 
     this Act on how it plans to use new pilot program authorities 
     included in Title V of this Act.

               State and Local Law Enforcement Activities

       Salaries and expenses.--All activities related to the 
     management and administration of discretionary grant 
     programs, grants, and cooperative agreements shall be 
     supported only with funding provided via the separate 
     Salaries and Expenses (S&E) appropriation provided in the 
     bill for each grant office. The Office on Violence Against 
     Women (OVW), the Office of Justice Programs (OJP), and the 
     Office of Community Oriented Policing Services (COPS) are 
     directed to develop formal definitions of management and 
     administration costs or detailed guidance governing decisions 
     about the types of costs that may be charged to each office's 
     S&E account. In addition, each grant office shall detail 
     actual and projected S&E costs by program, including 
     personnel costs, as part of the budget submission for future 
     fiscal years.

[[Page S9355]]

       Workload analysis.--OVW, OJP, and COPS are each directed to 
     conduct a workload analysis to ensure that their respective 
     staffing levels and mix of personnel accurately reflect 
     workload and requirements. Each office shall provide a report 
     to the Committees on Appropriations within six months of the 
     date of enactment of this Act describing its updated staffing 
     model based on the results of its workload analysis. Within 
     six months of the date the offices submit their reports, GAO 
     is directed to report to the Committees on Appropriations, 
     evaluating each office's staffing model and making 
     recommendations, as warranted, on how each office's staffing 
     model could be further improved.
       Training, technical assistance, research and statistics, 
     and peer review.--Training and technical assistance (T&TA) 
     activities, research and statistics activities and peer 
     review performed by OJP, OVW, and COPS, or through 
     interagency agreements or under contract for OJP, OVW, and 
     COPS, may be supported with program funds, subject to the 
     submission of details related to planned costs in these 
     categories by program as part of the Department's fiscal year 
     2011 spending plan. As part of the budget submission for 
     fiscal year 2012 and future years, the Department is directed 
     to detail the actual costs for each grant office in each of 
     these categories for the prior fiscal year, along with 
     estimates of planned expenditures by each grant office in 
     each of these categories for the current year and the budget 
     year.
       Non-compliant grantees.--OJP, COPS and OVW appear to be 
     using different sanctions and remedies for grantees that are 
     determined to be out of compliance with grant requirements. 
     The Department should work to consolidate rules and 
     procedures across OJP, COPS and OVW in order to produce the 
     most consistent possible compliance enforcement process.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $448,500,000 for Violence Against Women 
     Prevention and Prosecution Programs. These funds are 
     distributed as follows:


        Program                                                  Amount
STOP Grants................................................$198,000,000
National Institute of Justice (R&D)...........................3,000,000
Transitional Housing Assistance..............................30,000,000
Grants to Encourage Arrest Policies..........................45,000,000
Rural Domestic Violence Assistance Grants....................37,000,000
Violence on College Campuses..................................9,500,000
Civil Legal Assistance.......................................50,000,000
Sexual Assault Victims Services..............................30,000,000
Elder Abuse Grant Program.....................................4,250,000
Safe Havens Project..........................................14,000,000
Education & Training for Disabled Female Victims..............6,750,000
Court Training and Improvement................................3,000,000
Services for Children/Youth Exposed to Violence...............3,000,000
Advocates for Youth/Services for Youth Victims (STARY)........3,500,000
National Tribal Sex Offender Registry.........................1,000,000
Engaging Men and Youth in Prevention..........................3,000,000
National Resource Center on Workplace Responses...............1,000,000
Supporting Teens through Education and Prevention.............2,500,000
Analysis and Research on Violence Against Indian Women........3,000,000
American Indian/Native Alaskan Sexual Assault Clearinghouse.....500,000
Regional Summits on Violence Against Indian Women...............500,000
                                                       ________________
                                                       
  Total.....................................................448,500,000

       Tribal funding.--The bill provides $48,909,000 in OVW funds 
     for tribal purposes. This includes $43,064,000 in set-asides 
     for tribal coalitions and tribal governments; $845,000 in 
     other tribal set-asides; and $5,000,000 for tribally focused 
     programs, including the National Tribal Sex Offender 
     Registry, Analysis and Research on Violence Against Indian 
     Women, Regional Summits on Violence Against Indian Women and 
     the American Indian/Native Alaskan Sexual Assault 
     Clearinghouse.


                         SALARIES AND EXPENSES

       The bill provides $17,800,000 for the management and 
     administration of OVW programs.

                       Office of Justice Programs


                  RESEARCH, EVALUATION AND STATISTICS

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $340,000,000, as follows, for Research, 
     Evaluation and Statistics programs administered by the 
     National Institute of Justice and the Bureau of Justice 
     Statistics:


        Program                                                  Amount
National Institute of Justice...............................$60,000,000
Bureau of Justice Statistics................................ 60,000,000
Evaluation Clearinghouse......................................1,000,000
National Instant Criminal Background Check System............15,000,000
Criminal Records Upgrade.....................................10,000,000
Paul Coverdell Forensic Science..............................30,000,000
Stalking Database.............................................3,000,000
DNA Initiative..............................................161,000,000
  Debbie Smith DNA Backlog grants.........................(151,000,000)
  Kirk Bloodsworth Post Conviction DNA Testing grants.......(5,000,000)
  Sexual Assault Nurse Examiners............................(5,000,000)
                                                       ________________
                                                       
    Total...................................................340,000,000

       National Institute of Justice (NIJ).--NIJ should carry out 
     the new initiatives proposed for fiscal year 2011, including 
     the Bureau of Prison inmate reentry evaluation, the Arrestee 
     Drug Abuse Monitoring Program, and the Stopping Crime Block-
     by-Block Field Experiments. As part of the Department's 
     fiscal year 2011 spending plan, NIJ is directed to provide a 
     plan for the use of all funding it administers, and to 
     include details regarding research and evaluation 
     specifically related to prevention and intervention 
     approaches directed at individuals under the age of 18. 
     Within 120 days of enactment of this Act, NIJ is directed to 
     provide a report to the Committees on Appropriations 
     responding to the July 2010 report by the National Research 
     Council, Strengthening the National Institute of Justice. The 
     report should include detailed responses to the report's 
     recommendations; a strategy for implementing recommendations 
     with which NIJ concurs, including an estimated timeline for 
     implementation; and detailed rebuttals of any recommendations 
     with which NIJ does not concur. In lieu of the two Office of 
     Inspector General (OIG) directives in Senate report 111-229 
     related to NIJ, the OIG is directed to review DNA backlog 
     expenditures over the last three fiscal years, including an 
     evaluation of the process for developing funding 
     solicitations to ensure they are appropriately tied to 
     established program goals and designed to ensure competition 
     among qualified applicants.
       DNA and forensics research and evaluation.--From the 
     amounts provided for NIJ, the bill transfers $5,000,000 to 
     the National Institute of Standards and Technology Office of 
     Law Enforcement Standards to support the continued 
     development of standards and standard reference materials.
       Bureau of Justice Statistics (BJS).--BJS should implement 
     the proposed initiatives on Indian Country statistics and 
     indigent defense.
       Evaluation clearinghouse/what works repository.--The 
     Evaluation Clearinghouse/What Works Repository, an on-line 
     source for evidence-based information on what works and what 
     is promising in criminal and juvenile justice policy and 
     practice, shall be administered by the Office of the 
     Assistant Attorney General.


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $1,651,780,000, as follows, for State and 
     Local Law Enforcement Assistance programs administered by the 
     Bureau of Justice Assistance (BJA), the Office for Victims of 
     Crime, the Community Capacity Development Office, or the 
     Office of Sex Offender Sentencing, Monitoring, Apprehending, 
     Registering and Tracking:


        Program                                                  Amount
Byrne Memorial Justice Assistance Grants...................$519,000,000
  National Institute of Justice.............................(5,000,000)
  State and Local Antiterrorism Training....................(2,000,000)
  State and Local Assistance Help Desk & Diagnostic Center..(6,000,000)
  National Criminal Justice Commission (Section 542 of this (7,000,000)
Byrne Competitive Grants.....................................35,000,000
Byrne Criminal Justice Innovation Program....................30,000,000
Byrne Discretionary Grants..................................199,780,000
Criminal Justice Reform and Recidivism Reduction.............20,000,000
John R. Justice Grant Program................................10,000,000
Smart Policing................................................5,000,000
Ensuring Fairness and Justice in the Criminal Justice System..3,000,000
Justice Information Sharing and Technology....................5,000,000
Smart Probation..............................................10,000,000
Adam Walsh Act Implementation................................20,000,000
Sex Offender Management Assistance............................5,000,000
National Sex Offender Public Website..........................1,000,000
Children Exposed to Violence Initiative......................25,000,000
Matthew Shepard Hate Crimes Prevention Program................6,000,000
Flexible Tribal Assistance..................................100,000,000
State Criminal Alien Assistance Program.....................300,000,000
Southwest Border Prosecutor Program..........................20,000,000
Northern Border Prosecutor Program............................5,000,000
Victims of Trafficking Grants................................15,000,000

[[Page S9356]]

Residential Substance Abuse Treatment for State Prisoners....25,000,000
Drug Courts..................................................50,000,000
Mentally Ill Offender Act....................................12,000,000
Prescription Drug Monitoring..................................5,000,000
Prison Rape Prevention and Prosecution.......................10,000,000
Capital Litigation/Wrongful Conviction Review Grants.........12,500,000
Missing Alzheimer's Patient Grants............................2,000,000
Economic, High-tech and Cybercrime Prevention................23,000,000
Training Program to Assist Probation and Parole Officers......3,500,000
Second Chance Act Programs..................................100,000,000
Bulletproof Vests............................................25,000,000
  NIST/OLES.................................................(1,500,000)
State Automated Victim Notification System...................10,000,000
Regional Information Sharing Activities......................40,000,000
                                                       ________________
                                                       
    Total.................................................1,651,780,000
       Edward Byrne memorial justice assistance grant program.--
     The bill provides $519,000,000 for the Edward Byrne Memorial 
     Justice Assistance Grant program. Funding is not available 
     for luxury items, real estate, or construction projects. The 
     Department should strongly encourage State, local and tribal 
     governments to target funding to programs and activities that 
     are in conformance with evidence-based strategic plans 
     developed through broad stakeholder involvement. The 
     Department is directed to make technical assistance available 
     to State, local and tribal governments for the development or 
     updating of such plans.
       Byrne discretionary grants.--The bill incorporates by 
     reference the following congressionally-designated activities 
     to prevent crime, improve the criminal justice system, 
     provide victim services, or other related activities:

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       Byrne competitive grants.--As part of OJP's portion of the 
     Department's fiscal year 2011 spending plan, OJP is directed 
     to detail the criteria and methodology that will be used to 
     award these grants. OJP is encouraged to continue supporting 
     efforts to solve civil rights cold cases.
       Smart probation.--The Smart Probation initiative will help 
     States and units of local government reduce crime and 
     recidivism through court-based and other probation approaches 
     that provide swift, predictable, and graduated sanctions for 
     noncompliance with the conditions of probation.
       Flexible tribal assistance.--OJP is expected to consult 
     closely with tribal stakeholders in determining how tribal 
     assistance funds will be awarded for detention facilities, 
     courts, alcohol and substance abuse programs, civil and 
     criminal legal assistance, and other priorities. As part of 
     the Department's spending plan for fiscal year 2011, OJP 
     shall provide a plan for the use of these funds that has been 
     informed by such consultation.
       Victims of trafficking.--The bill provides $15,000,000 for 
     task force activities and services for U.S. citizens, 
     permanent residents, and foreign nationals who are victims of 
     trafficking, including no less than $6,700,000 for victim 
     services for foreign national victims of trafficking. OJP 
     shall consult with stakeholder groups in determining the 
     overall allocation of Victims of Trafficking funding, and 
     shall provide a plan for the use of these funds as part of 
     the Department's fiscal year 2011 spending plan. The spending 
     plan should be guided by the best information available on 
     the regions of the United States with the highest incidence 
     of trafficking. In addition, the Department of Justice is 
     directed to undertake outreach efforts in the form of public 
     notices, such as newspaper advertisements, in ethnic 
     communities in the United States, the home countries of which 
     represent the top ten countries with regard to the prevalence 
     of human trafficking activities. These efforts shall be 
     designed to increase awareness of what constitutes human 
     trafficking crimes and provide information on how assistance 
     can be obtained, with the objective being the discovery and 
     rescue of victims and the identification and prosecution of 
     offenders.
       Capital litigation/wrongful conviction review.--Of the 
     amount provided, $2,500,000 is for capital litigation grants 
     and $10,000,000 is for competitive grants to public and non-
     profit entities that work to exonerate individuals who have 
     been wrongfully convicted.
       Economic, high-tech and cybercrime prevention.--Within the 
     funds provided, no less than $6,000,000 is for competitive 
     grants to State and local law enforcement entities and 
     related organizations to address criminal intellectual 
     property enforcement and prosecution, which may include 
     grants for related training and technical assistance provided 
     to State and local law enforcement entities.
       Second Chance Act.--OJP shall consult with stakeholder 
     groups in determining the allocation of Second Chance Act 
     funding among authorized programs and shall provide a plan 
     for the use of these funds as part of the Department's fiscal 
     year 2011 spending plan.
       Byrne criminal justice innovation program.--OJP is 
     encouraged to give consideration to current Weed and Seed 
     grantees as noted in Senate Report 111-229.
       Regional information sharing activities.--The bill provides 
     $40,000,000 to support activities that enable the sharing of 
     nationwide criminal intelligence and other resources with 
     State, local, and other law enforcement agencies and 
     organizations. Such activities should address critical and 
     chronic criminal threats, including gangs, terrorism, 
     narcotics, weapons, and officer safety or ``event 
     deconfliction,'' and should reflect regional as well as 
     national threat priorities. All activities shall be 
     consistent with national information sharing standards and 
     requirements as determined by BJA.


                       juvenile justice programs

       The bill provides $506,040,000, as follows, for Juvenile 
     Justice Programs administered by the Office of Juvenile 
     Justice and Delinquency Prevention (OJJDP):


        Program                                                  Amount
Part B--State Formula.......................................$72,000,000
Part E--Challenge Grants and Projects........................73,240,000
Youth Mentoring Grants......................................100,000,000
Title V--Incentive Grants....................................80,000,000
  Tribal Youth.............................................(40,000,000)
  Gang and Youth Violence Prevention and Education.........(15,000,000)
  Alcohol Prevention.......................................(25,000,000)
Community-Based Violence Prevention Initiative...............20,000,000
CASA-Special Advocates.......................................15,000,000
Training for Judicial Personnel...............................2,500,000
Missing and Exploited Children...............................70,000,000
  Internet Crimes Against Children Task Forces.............(30,000,000)
Investigation and Prosecution of Child Abuse.................22,500,000
Juvenile Accountability Block Grants.........................45,000,000
National Juvenile Delinquency Court Improvement Program.......5,000,000
Disproportionate Minority Contact and Evaluation Program........800,000
                                                       ________________
                                                       
    Total...................................................506,040,000
       Youth mentoring.--Among other activities, youth mentoring 
     funds should support programs, particularly in minority and 
     underserved communities, that also help foster the 
     development of employment skills, entrepreneurship, financial 
     literacy, and educational achievement, including preparation 
     for post-secondary education success. In addition, in light 
     of the alarming high school dropout, arrest, and unemployment 
     rates among youth with disabilities, OJJDP is encouraged to 
     fund expansions of mentoring services for youth with 
     disabilities. As part of its portion of the Department's 
     spending plan, OJJDP is directed to detail the criteria and 
     methodology that will be used to award youth mentoring 
     grants.
       Missing and exploited children.--Within the total, 
     $30,000,000 is for the Internet Crimes Against Children Task 
     Force program. As part of the Department's spending plan for 
     fiscal year 2011, OJP is directed to provide a plan for the 
     use of Missing and Exploited Children program funds.
       Part E discretionary grants.--The following 
     congressionally-designated activities related to juvenile 
     justice and at-risk youth are incorporated into the bill by 
     reference:

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                     PUBLIC SAFETY OFFICER BENEFITS

       The bill provides $77,300,000 for the Public Safety Officer 
     Benefits program, including $61,000,000 for death benefits 
     for survivors, an amount estimated by the Congressional 
     Budget Office that is considered mandatory for scorekeeping 
     purposes, and $16,300,000 for disability and education 
     benefits.


                         SALARIES AND EXPENSES

       The bill provides $200,000,000 for salaries and expenses 
     for the Office of Justice Programs (OJP), including 
     $32,500,000 for OJP's Office of Audit, Assessment, and 
     Management.

                  Community Oriented Policing Services


             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $542,070,000 for COPS Programs. These 
     funds are distributed as follows:


        Program                                                  Amount
COPS Hiring and Policing Development.......................$363,000,000
  Transfer to Tribal Resources Grant Program...............(42,000,000)
Tribal Resources Grant Program...............................30,000,000
COPS Technology and Interoperability.........................98,885,000
  Transfer to NIST OLES.....................................(1,500,000)
Meth Hotspots................................................17,185,000
  Transfer to DEA..........................................(10,000,000)
Child Sexual Predator Prosecution Program....................18,000,000
Secure Our Schools...........................................15,000,000
                                                       ________________
                                                       
    Total...................................................542,070,000

       COPS hiring and policing development.--The bill includes 
     $363,000,000 for hiring and policing development grants for 
     State, local and tribal law enforcement. Within the amount 
     provided, COPS is directed to fund $26,000,000 of community 
     policing development programs, including police integrity 
     initiatives. Within the funds available for hiring grants, 
     $30,000,000 is for the hiring or rehiring of officers who 
     will be assigned to Internet Crimes Against Children (ICAC) 
     Task Forces. These funds, together with those provided under 
     the OJP heading, will fully meet the level authorized for 
     ICACs under the PROTECT Act. In recognition of average 
     personnel and benefit levels in many parts of the country 
     that exceed the $75,000 per officer statutory cap for the 
     hiring program, the cap has been waived for fiscal year 2011. 
     The local match requirement for these grants has also been 
     waived.
       Tribal resources.--At the enacted levels, COPS will be 
     supporting $72,000,000 in programs targeted exclusively to 
     tribal communities through the Tribal Resource Grant Program 
     (TRGP). Within the TRGP, $30,000,000 is provided through 
     direct appropriations and $42,000,000 by transfer from the 
     hiring and policing development program. All funds available 
     to the TRGP can be used for hiring, equipment, training and 
     anti-methamphetamine activities. This will allow tribes 
     maximum flexibility to respond to their most urgent local 
     priorities.
       Technology and interoperability grants.--The bill provides 
     $98,885,000 for technology and interoperability grants, 
     including a transfer of $1,500,000 to the NIST Office of Law 
     Enforcement Standards to complete remaining aspects of 
     Project 25 interface standards and to begin developing 
     standards for emerging technologies, such as VoIP 
     applications, for public safety operations. Within the amount 
     provided, COPS is directed to fund congressionally-designated 
     activities in the amounts identified in the following table, 
     which the bill incorporates by reference:

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       Methamphetamine hotspots.--The bill provides $17,185,000 
     for the Methamphetamine Hotspots program, including a 
     transfer of $10,000,000 to DEA for assistance to State, local 
     and tribal law enforcement agencies with the removal and 
     disposal of hazardous materials at clandestine meth labs. 
     Within the amount provided, COPS is directed to fund 
     congressionally-designated activities in the amounts 
     identified in the following table, which the bill 
     incorporates by reference:

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[[Page S9393]]

                         SALARIES AND EXPENSES

       The bill provides $39,000,000 for the management and 
     administration of COPS programs.

               General Provisions--Department of Justice

       The Act includes the following general provisions for the 
     Department of Justice:
       Section 201 makes available additional reception and 
     representation funding for the Attorney General from the 
     amounts provided in this title.
       Sections 202 through 210 and sections 212 through 213 
     continue general provisions without substantive change from 
     previous years.
       Section 211 requires the Department to follow reprogramming 
     procedures prior to any deviation from the program amounts 
     specified in this title and to any re-obligation, for any 
     purpose other than that of the program for which the prior 
     obligation was made, of de-obligated balances of funds 
     provided in previous years.
       Section 214 permits up to 3 percent of grant and 
     reimbursement program funds made available to the Office of 
     Justice Programs to be used for training and technical 
     assistance and permits up to 3 percent of grant and 
     reimbursement program funds made available to that office to 
     be transferred to NIJ or BJS for criminal justice research 
     and statistics.
       Section 215 gives the Attorney General the authority to 
     waive matching requirements for certain Second Chance Act 
     grant programs.
       Section 216 permits the use of appropriated funds for 
     travel and health care of personnel serving abroad.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       The bill provides $6,990,000 for the Office of Science and 
     Technology Policy (OSTP). OSTP shall provide leadership and 
     active coordination on STEM education; nanotechnology, 
     including its societal dimensions; and hydrology research and 
     water resources, understanding terrestrial managed and 
     unmanaged ecosystems and their role in climate change, and 
     soil science and the role of soils in the carbon cycle. Each 
     of these areas involves significant activities of multiple 
     departments and agencies and is critical to issues of 
     national importance.
       OSTP personnel.--OSTP shall provide a report to the 
     Committees on Appropriations not later than 90 days following 
     enactment of this Act, detailing the number, by function, of 
     personnel authorized and currently on-board, at the OSTP, 
     including all IPAs, reimbursable, non-reimbursable and 
     detailed personnel, and identifying the agencies from which 
     the staff is detailed.
       Plant data.--OSTP shall provide a report within 120 days of 
     enactment on maintenance of plant data, both genotypic and 
     phenotypic, through combined public and private efforts.
       Dispersants.--OSTP Director shall, within 60 days of 
     enactment of this Act, submit to the Committees on 
     Appropriations a research plan for the most urgent research 
     questions regarding dispersants and within 180 days of 
     enactment of this Act outline a comprehensive research plan 
     and funding strategy for research on dispersants including 
     their benefits, detriments, and the monitoring of their long-
     term effects on the environment.

             National Aeronautics and Space Administration


                             AGENCY SUMMARY

       Annual budget preparation and presentation.--NASA's annual 
     budget submission continues to be disappointing in its lack 
     of transparency. NASA is directed to prepare the annual 
     budget submission to Congress in a manner fully consistent 
     with direction contained in 42 USC 16611b.
       Reserves reporting.--NASA is directed to include in its 
     budget justification the reserve assumed by NASA to be 
     necessary within the amount proposed for each directorate, 
     theme, program, project and activity, or, if the proposed 
     funding level for a directorate, theme, program, project or 
     activity is based on confidence level budgeting, the 
     confidence level assumed in the proposed funding level.
       Reporting of cost, schedule and content for NASA research 
     and development projects.--NASA is directed to cooperate 
     fully and to provide timely program analysis, evaluation 
     data, and relevant information to the Government 
     Accountability Office (GAO) so that GAO can report to 
     Congress in advance of the annual budget submission of the 
     President and semiannually thereafter on the status of large-
     scale NASA programs, projects, and activities based on its 
     review of this information.
       Breach reporting.--Pursuant to section 103 of Public Law 
     109-155, the NASA Authorization Act of 2005, NASA is required 
     to deliver several reports to the appropriate authorizing 
     committees when project costs grow in excess of certain 
     thresholds. NASA is directed to submit these reports 
     concurrently to the Committees on Appropriations.
       Monthly reports.--To improve the usefulness of monthly 
     reports on obligations and disbursements required by section 
     525(b) of the Fiscal Year 2008 Omnibus Appropriations Act, 
     NASA is directed to include in the funding that it reports as 
     available not only new budget authority, but also carryover 
     and recoveries. Specifically, on the 15th business day of 
     each month beginning in March 2011, the Administrator of NASA 
     shall report in writing to the Committees on Appropriations 
     detailed financial information on the execution of the budget 
     for the preceding month and for the fiscal year to date. Each 
     report shall provide information on obligations incurred 
     against, and outlays made from, the appropriations for fiscal 
     year 2011 and prior years; available carryover from prior 
     year appropriations; and recoveries from prior or current 
     year appropriations, presented by (1) appropriation account, 
     (2) theme, (3) program or project, (4) Center, and (5) object 
     class, and any other financial information requested by the 
     Committees on Appropriations.
       Contracting.--NASA is directed to minimize its use of cost 
     plus fee contracting and to employ fixed price contracts for 
     all systems, components, and projects using proven or high 
     technical readiness technology.
       Operating plans.--NASA is directed to provide the amount of 
     civil service manpower assumed in the plans for each account 
     and for the four themes within the Science account, the three 
     themes within the Space Research and Technology account, and 
     the four themes within the Space Operations account.
       Summary funding provided for NASA is delineated more fully 
     in the table below and in the account summaries.
NASA ($'s in thousands)
Science.......................................................5,005,600
Aeronautics.....................................................579,600
Space Research and Technology...................................559,000
Exploration...................................................3,706,000
Space Operations..............................................5,247,900
Education.......................................................180,000
Cross Agency Support..........................................3,085,700
Construction and Environmental Compliance and Restoration \1\...528,700
Inspector General................................................37,500
                                                       ________________
                                                       
  Total......................................................18,930,000
\1\ Includes $20,000,000 in prior year appropriations

                                SCIENCE

       The bill provides $5,005,600,000 for science, and within 
     funds provided for planetary science, makes $15,000,000 
     available for a reimbursable agreement with the Department of 
     Energy to re-establish the facilities required to produce 
     fuel for radioisotope thermoelectric generators to enable 
     future science missions.
       Earth system science pathfinder, other missions and data 
     analysis.--NASA is directed to use at least $10,000,000 
     within funds provided to continue and expand its pilot data 
     product effort on above-ground terrestrial biomass carbon 
     using data available from existing sources and measurement 
     systems to establish a baseline forest biomass and carbon 
     inventory pilot at the management relevant 30-meter scale of 
     Landsat data sufficient to resolve forest biomass on parcels 
     of 10 acres or more. Also within funds provided, $5,000,000 
     is for continuing and expanding on-going carbon monitoring 
     system pilot activities and to add a pilot effort on soil 
     carbon working with the appropriate other Federal agencies.
       Scatterometer.--NASA shall support NOAA in any efforts to 
     develop a dual-frequency operational scatterometer to provide 
     sea surface vector wind measurements in both light and strong 
     wind conditions.
       Jupiter system mission.--In support of the potential 
     collaboration between NASA and the European Space Agency on 
     Jupiter system exploration with orbiting spacecraft for both 
     Europa and Ganymede, the bill provides $30,000,000 within 
     funds provided for Outer Planets to continue studies of this 
     flagship mission.
       International lunar network.--NASA shall immediately move 
     forward with this mission.
       Solar Probe Plus.--The bill includes $14,100,000 for the 
     Solar Probe Plus mission, and NASA is directed to work 
     aggressively to achieve a launch in 2016.
       Wide Field Infrared Survey Telescope (WFIRST).--WFIRST was 
     identified as the first priority in the recent astronomy and 
     astrophysics decadal survey. NASA is strongly encouraged to 
     make a robust request for WFIRST in fiscal year 2012 that 
     builds on the work of the Joint Dark Energy Mission project.
       Civil service labor and expenses.--Although funds for the 
     Science account are made available for two years, NASA shall 
     manage civil service labor and expenses within the account on 
     a one-year basis.
       Details of funding for the Science Mission Directorate are 
     provided in the following table.


           Science Mission Directorate (dollars in thousands)

Earth Science
  Earth Science Research........................................438,100
    Earth Science Research and Analysis.........................324,600
    Computing and Management....................................113,500
  Earth Systematic Missions.....................................809,400
    Global Precipitation Measurement (GPM)......................128,800
    Glory Mission................................................21,900
    Landsat Data Continuity Mission (LDCM)......................156,800
    NPOESS Preparatory Project (NPP).............................64,400
    Ice, Cloud, and land Elevation Satellite (ICESat-2)..........68,500
    Soil Moisture Active and Passive (SMAP)......................82,500

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    Other Missions and Data Analysis............................286,500
  Earth System Science Pathfinder...............................307,700
    Aquarius.....................................................17,000
    OCO-2.......................................................171,000
    Venture Class Missions.......................................73,500
    Other Missions and Data Analysis.............................46,200
  Earth Science Multi-Mission Operations........................161,200
  Earth Science Technology.......................................52,800
  Applied Sciences...............................................32,600
                                                             __________
                                                             
      Subtotal, Earth Science.................................1,801,800
Planetary Science
  Planetary Science Research....................................180,400
    Planetary Science Research and Analysis.....................131,100
    Other Missions and Data Analysis.............................23,900
    Education and Directorate Management..........................5,100
Near Earth Object Observations                                   20,300
  Lunar Quest Program...........................................136,600
    Lunar Science................................................74,700
    Lunar Atmosphere and Dust Environment Explorer...............57,900
    International Lunar Network...................................4,000
  Discovery.....................................................202,000
    Gravity Recovery and Interior Laboratory (GRAIL)............104,800
    Other Missions and Data Analysis.............................97,200
  New Frontiers.................................................214,500
    Juno........................................................184,200
    Other Missions and Data Analysis.............................30,300
  Mars Exploration..............................................532,800
    2009 Mars Science Lab.......................................231,600
    MAVEN.......................................................161,200
    Other Missions and Data Analysis............................140,000
  Outer Planets.................................................112,800
  Technology....................................................106,500
                                                             __________
                                                             
      Subtotal, Planetary Science.............................1,485,600
Astrophysics
  Astrophysics Research.........................................155,500
    Astrophysics Research and Analysis...........................60,100
    Balloon Project..............................................27,100
    Other Missions and Data Analysis.............................68,300
  Cosmic Origins................................................687,100
    Hubble Space Telescope (HST)................................102,700
    James Webb Space Telescope (JWST)...........................444,800
    Stratospheric Observatory for Infrared Astronomy (SOFIA).....79,600
Other Missions And Data Analysis                                 60,000
  Physics of the Cosmos.........................................102,300
  Exoplanet Exploration..........................................42,200
  Astrophysics Explorer..........................................89,200
    Nuclear Spectroscopic Telescope Array (NuStar)...............32,100
    Gravity and Extreme Magnetism................................21,000
    Other Missions and Data Analysis.............................36,100
                                                             __________
                                                             
      Subtotal, Astrophysics..................................1,076,300
Heliophysics
  Heliophysics Research.........................................165,200
    Heliophysics Research and Analysis...........................30,700
    Sounding Rockets.............................................48,900
    Research Range...............................................19,600
    Other Missions and Data Analysis.............................66,000
  Living with a Star............................................213,600
    Radiation Belt Storm Probes (RBSP)..........................140,000
    Solar Probe Plus.............................................14,100
    Other Missions and Data Analysis.............................59,500
  Solar Terrestrial Probes......................................162,800
    Magnetospheric Multiscale (MMS).............................143,800
    Other Missions and Data Analysis.............................19,000
  Heliophysics Explorer Program.................................100,200
    IRIS.........................................................69,000
    Other Missions and Data Analysis.............................31,200
  New Millennium....................................................100
                                                             __________
                                                             
      Subtotal, Heliophysics....................................641,900
                                                               ==========
_______________________________________________________________________

        Total, Science........................................5,005,600


                              AERONAUTICS

       The bill provides $579,600,000 for aeronautics.
       Civil service labor and expenses.--Although funds for the 
     Aeronautics account are made available for two years, NASA 
     shall manage civil service labor and expenses within the 
     account on a one-year basis.
       Green aviation.--NASA is directed to establish a lead 
     Center of Excellence (COE) for Green Aviation at an existing 
     NASA Research Center with appropriate expertise and 
     comprehensive test facilities. This COE shall coordinate the 
     program as it grows and establish public-private partnerships 
     with industry and academia to test and develop subsystems, 
     full scale concept aircraft and other technologies in 
     realistic flight environments up to technology readiness 
     level 6. NASA shall report on its detailed implementation of 
     these tasks by April 1, 2011.


                     SPACE RESEARCH AND TECHNOLOGY

       The bill provides $559,000,000 for Space Research and 
     Technology including funding for Small Business Innovative 
     Research (SBIR) and Small Business Technology Transfer (STTR) 
     programs, for exploration technology research and development 
     proposed within the Exploration account, and for general 
     space research and technology. NASA shall propose an 
     appropriate allocation of funds for this account, including 
     commercial reusable suborbital research, as part of its 
     operating plan for fiscal year 2011. Consequently, no detail 
     is provided herein.
       Exploration technology development.--Any activities 
     requested as part of exploration technology development under 
     the Exploration account, including initiation of the Flagship 
     1 program, may be funded in this account.
       Low technology readiness space research and technology.--
     The general space research and technology element of this 
     program will deal with technologies at low levels of 
     technology readiness. NASA is directed to pattern the 
     management of this program element on the proven advanced 
     research projects agency model. It will be critical that NASA 
     attract visionary technology leaders to limited-term 
     positions as program managers at NASA Headquarters because 
     their decisions will determine the success of this program. 
     To ensure broad outreach to the best centers of new and 
     innovative technologies, no NASA center shall be assigned a 
     role in the management of this program, and NASA center 
     research and development shall not be accorded any preference 
     over research by public and private entities outside NASA.
       Civil service labor and expenses.--Although funds for the 
     Space Research and Technology account are made available for 
     two years, NASA shall manage civil service labor and expenses 
     within the account on a one-year basis.


                              EXPLORATION

       The conference agreement provides $3,706,000,000 for 
     exploration. Within funds provided, no less than $300,000,000 
     shall be for Commercial Cargo; no less than $250,000,000 
     shall be for Commercial Crew; no less than $1,800,000,000 
     shall be for development of a heavy lift launch vehicle 
     system; and no less than $1,200,000,000 shall be for 
     development of the Orion multipurpose crew exploration 
     vehicle.
       Heavy lift launch vehicle.--The bill provides 
     $1,800,000,000 to begin building an integrated heavy lift 
     launch vehicle system for crew and cargo. The system shall 
     enable human transportation at the highest possible safety 
     standards and lowest life cycle costs for human exploration 
     beyond low Earth orbit and shall be designed, managed, and 
     integrated by the Marshall Space Flight Center. This funding 
     shall be part of a sustained, parallel development effort of 
     a common core and an upper stage to culminate in an initial 
     human space transportation capability by 2016. The heavy lift 
     launch vehicle, as authorized in Public Law 111-267, shall 
     have an initial lift capability of not less than 130 tons to 
     low Earth orbit, have the capability to lift the necessary 
     elements for missions beyond low Earth orbit in order to 
     extend human exploration capabilities, and serve as back-up 
     for crew and cargo transportation to the International Space 
     Station. No funding from this appropriation for the vehicle 
     shall be used for technology development, crew vehicle 
     development, or supporting mission or ground operations 
     systems development. The program shall be managed under a 
     strict cost cap of $11,500,000,000 through fiscal year 2017. 
     Within 60 days of enactment of this Act, NASA shall report to 
     the Committees on Appropriations on planned milestones, draft 
     requirements, the conceptual design of the heavy lift launch 
     vehicle, planned ground and early flight testing programs and 
     deliverables for the heavy lift launch vehicle program, along 
     with any existing contract vehicles the agency intends to 
     use. As part of this report, NASA shall evaluate the 
     preceding recommended cost cap and either validate the 
     proposed cap or provide a viable and validated alternative.
       Orion multipurpose crew exploration vehicle.--The bill 
     provides $1,200,000,000 for the Orion multipurpose crew 
     exploration vehicle that will enable human transportation 
     beyond low Earth orbit. The vehicle shall be capable of being 
     launched on the heavy lift launch vehicle and may also 
     provide alternative access to low Earth orbit, including the 
     International Space Station by fiscal year 2014. The program 
     shall be managed under a strict cost cap of $5,500,000,000 
     through fiscal year 2017. No funding from this appropriation 
     for the Orion capsule shall be used for technology 
     development, heavy lift launch vehicle development, or 
     supporting mission or ground operations systems development. 
     Within 60 days of enactment of this Act, NASA shall report to 
     the Committees on planned milestones, expected performance 
     and configurations, a planned testing program, and 
     deliverables for the crew exploration vehicle program, along 
     with any suggestions for streamlining oversight. As part of 
     this report, NASA shall evaluate the preceding cost cap and 
     either validate the cap or provide a viable and validated 
     alternative.
       Robotic precursor program.--NASA shall consolidate all 
     elements of the lunar lander and exploration robotics 
     programs and locate project management at the Marshall Space 
     Flight Center as proposed.
       Additional funds.--The unallocated amount of $156,000,000 
     may be used for activities requested under human research or 
     robotic precursors or to augment or enhance other activities 
     explicitly funded under Exploration. Funding for exploration 
     technology

[[Page S9395]]

     development is provided as part of Space Research and 
     Technology.
       Civil service labor and expenses.--Although funds for the 
     Exploration account are made available for two years, NASA 
     shall manage civil service labor and expenses within the 
     account on a one-year basis.


                            SPACE OPERATIONS

       The bill provides $5,247,900,000 for space operations 
     including $989,100,000 for Space Shuttle operations and 
     support; $825,000,000 for an additional Space Shuttle 
     logistics flight, launch complex development, and development 
     of ground operations for the heavy lift launch vehicle and 
     the Orion crew exploration vehicle; $2,745,000,000 for 
     International Space Station operations, maintenance, 
     research, development and support; and $688,800,000 for Space 
     and Flight Support operations, production, research, 
     development and support.
       Additional shuttle logistics flight and launch complex 
     development.--Prior to obligation of any funds for an 
     additional shuttle logistics flight the NASA Administrator 
     shall certify to the Committees on Appropriations that an 
     additional shuttle flight will be at least as safe as the 
     remaining flights on the shuttle manifest dated February 28, 
     2010, that the intended mission is in the national interest, 
     and that the risks to be incurred are commensurate with the 
     benefits.
       Any funds not spent on an additional shuttle logistics 
     flight shall be available for: launch complex development 
     only for activities at the Kennedy Space Center related to 
     the civil, non-defense launch complex; use at other NASA 
     flight facilities that are currently scheduled to launch 
     cargo to the International Space Station; and development of 
     ground operations for the heavy lift launch vehicle and the 
     Orion crew exploration vehicle. No funds are provided for the 
     refurbishment of ET-94.
       Within 60 days of enactment of this Act, NASA shall provide 
     the Committees on Appropriations the five-year plan for the 
     civil launch complex and other NASA flight facilities and a 
     plan and budget estimate for development of ground and 
     mission operations to support the heavy lift launch vehicle 
     and the Orion crew exploration vehicle. As part of this plan, 
     NASA shall clearly delineate the respective responsibilities 
     of ground and mission operations development and operations 
     as distinct from the responsibilities of the heavy lift 
     launch vehicle and Orion crew exploration vehicle; explain 
     how the recommended plan will provide the lowest life cycle 
     costs for human exploration beyond low Earth orbit; and 
     supply cost estimates for development and operations to serve 
     as the basis for an appropriate cost cap on development and 
     an achievable target level of annual operating costs.
       Any funds for construction activities shall be transferred 
     to the construction and environmental compliance and 
     restoration account and become available for five years.
       Satellite servicing.--Within the amounts provided for space 
     operations, $75,000,000 is for continuing efforts in use of 
     the next generation of human space flight architecture to 
     service existing and future observatory-class scientific 
     spacecraft as identified in the conference report 
     accompanying division B of Public Law 111-8. The activities 
     to be undertaken shall be a joint project of the Space 
     Operations, Science, and Exploration mission directorates, 
     and shall include technology demonstrations for both robotic 
     and human servicing capabilities.
       International Space Station national laboratory.--NASA 
     shall provide the guaranteed access for International Space 
     Station (ISS) national laboratory experiments provided in 
     Section 504(d)(1) of Public Law 111-267.
       Disposition of space shuttle orbiters.--Following the 
     retirement of the space shuttles, NASA should bear any costs 
     that normally would be associated with surplusing the 
     orbiters, including taking hazardous orbiter systems offline. 
     Any shuttle recipient should bear transportation costs, along 
     with costs associated with preparing the surplused orbiter 
     for display. If an orbiter is awarded to the Smithsonian 
     Institution, NASA shall provide it at nominal or no charge. 
     Any funds received from shuttle orbiter disposition shall be 
     available only as provided in subsequent appropriations Acts.
       Civil service labor and expenses.--Although funds for the 
     Space Operations account are made available for two years, 
     NASA shall manage civil service labor and expenses within the 
     account on a one-year basis.


                               EDUCATION

       The bill provides $180,000,000 for education including 
     $44,800,000 for Space Grant programs. The bill makes a 
     technical amendment related to the availability of the 
     Endeavor Teacher Fellowship Trust Fund.
       National space grant college and fellowship program.--NASA 
     is directed to fund 42 states or jurisdictions at $900,000 
     each and 10 states or jurisdictions at $700,000 each. No 
     funds for administrative costs may be withheld by NASA from 
     these grants.
       Educational activities at NASA centers.--NASA is directed 
     to fund each of the ten NASA center visitor centers at 
     $1,000,000 for the development of educational activities. No 
     funds for administrative costs may be withheld by NASA from 
     these grants.
       Informal education grant program.--NASA is directed to use 
     $8,000,000 to fund competitively selected grants to informal 
     education institutions for science, technology, engineering, 
     and mathematics education activities including partnerships 
     between these institutions and school systems to accomplish 
     inquiry-based education. No funds for administrative costs 
     may be withheld by NASA from these grants.
       Minority university research and education program.--NASA 
     is directed to fund this program at $30,000,000.
       Experimental Program to Stimulate Competitive Research.--
     NASA is directed to fund this program at $24,900,000.
       Civil service labor and expenses.--Although funds for the 
     Education account are made available for two years, NASA 
     shall manage civil service labor and expenses within the 
     account on a one-year basis.


                          CROSS AGENCY SUPPORT

       The bill provides $3,085,700,000 for Cross Agency Support 
     including $2,270,200,000 for NASA center management and 
     operations; $47,500,000 for independent verification and 
     validation (IV&V); and $56,125,000 for congressionally-
     designated projects that are included by reference. Funds are 
     made available for one year.
       Activities of the Chief Engineer.--NASA is directed to fund 
     these activities at the amount included in the budget 
     request.
       Acquisition workforce increase.--Within funds provided, up 
     to $3,592,000, as requested, may be used to enhance NASA's 
     acquisition workforce.
       Affordability adjustment.--The bill assumes a general 
     reduction that may be applied to unobligated balances from 
     prior years and to amounts provided herein. Such reductions, 
     which shall be detailed in NASA's initial operating plan, 
     shall not be assessed against those activities augmented by 
     the bill or otherwise addressed by this explanatory 
     statement.
       Employee performance communications system (EPCS).--In lieu 
     of the report requested in the Senate report to S. 3636, 
     Government Accountability Office [GAO] shall assess NASA's 
     EPCS. To the extent practical, GAO should assess whether 
     EPCS, as implemented by NASA, utilizes leading human capital 
     practices and results in a system that provides both 
     accountability and fairness for all employees. GAO should 
     also include in its assessment the extent to which NASA's 
     EPCS has a process for planning, monitoring, developing, 
     assessing, and rewarding employee performance that is aligned 
     to the agency's goals and promotes a performance culture that 
     focuses on two-way communication and accountability for 
     results, and clearly differentiates between high and low 
     performing employees. NASA's Office of Diversity and Equal 
     Opportunity shall complete its assessment of the issues 
     raised in the Senate report regarding equal opportunity and 
     inequity among supervisory and non-supervisory staff and NASA 
     shall respond appropriately to those findings.
       Allocation of funds to specific program elements.--Details 
     of the funding break-out within Cross Agency Support are 
     provided in the following table.
Cross Agency Support (dollars in thousands)
  Center Management and Operations............................2,270,200
    Center Institutional Capabilities.........................1,776,200
    Center Programmatic Capabilities............................494,000
  Agency Management and Operations..............................809,200
    Agency Management...........................................400,000
    Safety and Mission Success..................................204,200
    Safety and Mission Assurance.................................49,000
      Chief Engineer............................................103,600
      Chief Health and Medical Officer............................4,100
      Independent Verification and Validation....................47,500
    Agency IT Services (AITS)...................................177,800
      IT Management..............................................16,100
      Applications...............................................79,100
      Infrastructure.............................................82,600
    Strategic Capabilities Assets Program........................29,800
      Simulators.................................................11,700
      Thermal Vacuum Chambers.....................................8,400
      Arc Jets....................................................9,700
  Congressionally Directed Items.................................56,125
  Affordability adjustment......................................-52,425
                                                             __________
                                                             
        Total, Cross Agency Support...........................3,085,700
       Congressionally-designated projects.--Within the 
     appropriation for cross agency support programs, the 
     conference agreement provides for the following 
     congressionally-directed activities:

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                     CONSTRUCTION AND ENVIRONMENTAL

                       COMPLIANCE AND RESTORATION

       The bill provides $508,700,000 and $20,000,000 to be 
     derived from available unobligated balances appropriated in 
     previous years. The recommendation fully supports the 
     requests in the budget. NASA is directed to allocate these 
     funds as follows:
Science.....................................................$40,500,000
Exploration.................................................109,800,000
Space operations.............................................15,600,000
  Cross agency support......................................362,800,000
  Institutional investments...............................(300,700,000)
  Environmental compliance and restoration.................(62,100,000)
       Historic buildings.--Within funds provided for cross agency 
     support construction, NASA is directed to use $20,000,000 for 
     restoration of historic buildings.
       Provision of form 1509.--NASA is directed to continue to 
     provide NASA form 1509 for each construction of facilities 
     (CoF) project submitted in the annual budget request or an 
     initial operating plan and for each CoF project subject to a 
     reprogramming notification.
       Capabilities for the future.--NASA is urged to request 
     funding for aeronautics, science, and institutional 
     construction of facilities to address at least 20 percent per 
     year of the need identified in the National Research Council 
     report Capabilities for the Future--An Assessment of NASA 
     Laboratories for Basic Research.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $37,500,000 for the 
     Office of Inspector General, which shall be available for one 
     year.


                       ADMINISTRATIVE PROVISIONS

       The bill contains language regarding the availability of 
     funds for announced prizes.
       The bill contains language providing for the transfer of 
     certain amounts between appropriations accounts.
       The bill contains language regarding transfers of unexpired 
     balances.
       The bill contains a provision that stipulates that funding 
     designations and minimum funding requirements contained in 
     any other Act shall not apply to funds appropriated in this 
     Act for NASA.
       The bill includes language permitting transfer of up to 
     $60,000,000 from NASA Exploration and Space Operations 
     accounts to the Economic Development Administration to 
     promote economic development and ease workforce transition 
     related to the retirement of the Space Shuttle and 
     programmatic changes in the Exploration program.


                      NATIONAL SCIENCE FOUNDATION

       Continuity in funding levels.--The American Recovery and 
     Reinvestment Act of 2009 (ARRA) included $3,002,000,000 in 
     funding for the National Science Foundation (NSF). Roughly 
     two-thirds of these supplemental funds have supported 2-, 3-, 
     4-, and 5-year grants. Consistent with normal NSF practice, 
     the majority of the awards fund 3-year grants. In the Rising 
     Above the Gathering Storm Revisited report of the National 
     Research Council the authors state, ``Without new actions the 
     precipitous reduction in efforts that were being funded by 
     that mechanism will be very damaging to America's future 
     ability to compete for jobs in the global marketplace.'' The 
     fiscal year 2011 budget request projects NSF funding in 
     fiscal year 2012 of $7,766,000,000 compared to $8,490,000,000 
     projected for that year by the budget request for fiscal year 
     2010. This lower level is only 4.6 percent above the budget 
     request for fiscal year 2011 and $1,104,420,000 below the 
     total funding level for fiscal year 2009. Should private 
     sector R&D employment not grow sufficiently to make up the 
     difference, the resulting downturn in employment and career 
     opportunities in science, engineering and mathematics will 
     undermine the objectives articulated in Rising Above the 
     Gathering Storm to ``make the U.S. the most attractive 
     setting in which to study and perform research so that we can 
     develop, recruit, and retain the best and brightest students, 
     scientists, and engineers from within the U.S. and throughout 
     the world.''


                    RESEARCH AND RELATED ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $5,949,080,000 for research and related 
     activities, including a transfer of $54,000,000 from NSF to 
     the United States Coast Guard (USCG) for icebreaking services 
     to cover all anticipated operation and maintenance costs for 
     fiscal year 2011. It is expected that all future year 
     operation and maintenance budget authority for these USCG 
     icebreakers will be requested by the Department of 
     Homeland Security, and the Committees will not entertain a 
     request for this funding under NSF in fiscal year 2012.
       Within the funds provided, NSF is directed to maintain 
     funding at the levels requested for the following activities:
       Climate change
       Cyber-enabled discovery and innovation
       Science and engineering beyond Moore's law
       Cybersecurity Research
       National Radio Astronomy Observatory
       National Astronomy and Ionosphere Center.--NSF is directed 
     to maintain support for the National Astronomy and Ionosphere 
     Center at the same level as in fiscal year 2010.
       Hydrology, terrestrial ecosystems and soils.--NSF shall 
     strengthen integration and coordination, including 
     interagency coordination, of data systems, observations, and 
     modeling across hydrology research, across soil science, and 
     across terrestrial ecology research.
       Gemini telescope.--NSF is directed to increase U.S. support 
     of the Gemini telescope by $2,000,000 above the request in 
     order to acquire additional telescope time for NSF 
     investigators.
       EPSCoR.--Within the funds provided, $156,000,000 is for 
     EPSCoR.
       Inquiry-based science and engineering courses.--NSF is 
     strongly encouraged to fund augmentations of research grants 
     to support development and implementation of inquiry-based, 
     experiential science, technology, engineering, and math 
     (STEM) courses for college freshmen, sophomores, or non-
     majors whereby students develop the habits of mind of a 
     scientist.
       Robotics research.--NSF shall increase support for robotics 
     research that brings together products of the Beyond Moore's 
     Law and Nanotechnology initiatives along with rapid advances 
     in computer science, electronics, and sensing.


          major research equipment and facilities construction

       The bill provides $157,190,000 for Major Research Equipment 
     and Facilities Construction. None of the funds may be used to 
     reimburse the Judgment fund. The following table shows the 
     specific projects for which funding was requested and is 
     provided.
Advanced Ligo...............................................$23,580,000
Atacama Large Millimeter Array (ALMA)........................13,910,000
Advanced Technology Solar Telescope (ATST)...................17,000,000
NEON.........................................................12,000,000
Ocean Observatories Initiative (OOI).........................90,700,000

       NSF shall be mindful that research systems for modeling and 
     observing the environment have the potential to demonstrate 
     techniques that may become part of operational systems.


                     education and human resources

       The bill provides $900,000,000 for Education and Human 
     Resources. Adjustments to the budget request for specific 
     programs are as follows:
Informal Science Education...................................+1,600,000
Pilot comprehensive initiatives in Inquiry-Based Education..+64,000,000
Historically Black Colleges and Universities UP.............+32,000,000
Louis Stokes Alliances for Minority Participation...........+44,750,000
Tribal Colleges and Universities............................+14,250,000
Federal Cyber Service: Scholarships for Service/Cybercorps..+30,000,000

       Graduate STEM fellows in K-12 education.--All proposals for 
     fellows programs shall require science and engineering 
     fellows to be trained in inquiry-based instruction and 
     prepared to support this approach in the schools where they 
     are assigned. NSF may broaden this program to allow fellow 
     assignments in community colleges.
       Inquiry-based college courses in STEM.--NSF shall use at 
     least 20 percent of the funds provided for Transforming 
     Undergraduate Education in STEM to support the development 
     and implementation of inquiry-based, experiential STEM 
     instruction in courses for freshmen, sophomores, and non-
     majors whereby the students develop the habits of mind of a 
     scientist.
       Within the Discovery Research K-12 program, NSF shall 
     competitively select and fund at least four 4-year pilot 
     comprehensive initiatives to demonstrate how to effectively 
     implement and sustain inquiry-based, experiential instruction 
     in K-12 STEM classes. The aim is to ensure that K-12 courses 
     support the development in students of the habits of mind of 
     a scientist. From among the highly reviewed proposals, NSF 
     shall select pilots in at least one rural and one urban 
     setting, from both primary and secondary instructional 
     levels, and from different regions of the country. Each pilot 
     is to incorporate the full range of activities necessary 
     including teacher education, mentoring, and support; 
     implementation in one or more schools; student assessment; 
     and project evaluation. Each pilot should provide a report 
     documenting the experience; identifying evidence about best 
     practices and lessons learned, including a recommended 
     implementation plan; evaluation of curricula, materials and 
     assessment instruments used; and student learning outcomes. 
     These reports shall be in a form suitable for use by other 
     schools and school systems and be made widely available. As 
     appropriate, pilots may be extended with additional funding 
     in future fiscal years.
       Robotics competitions.--Not less than $2,000,000 is for 
     competitive grants to promote STEM education through robotics 
     competitions. Within 60 days of enactment of this Act NSF 
     shall provide a report and spend plan to the Committees on 
     Appropriations that details the proposed scope and 
     implementation methodology for this program.
       Robert Noyce teacher scholarships.--The bill provides 
     $55,000,000 for the Robert Noyce Teacher Scholarship program.
       Best practices in K-12 STEM education.--NSF has yet to 
     submit an interim or final report on the work of a panel of 
     experts on STEM education called for in the statement of 
     managers accompanying Public Law 111-117. NSF shall submit 
     this report expeditiously and distribute widely the findings 
     and recommendations of the report to U.S. educators.


                 agency operations and award management

       The bill provides $319,190,000 for agency operations and 
     award management. NSF may

[[Page S9399]]

     use up to $2,000,000 within funds provided to increase the 
     Foundation's acquisition workforce.
       Within 90 days of enactment of this Act, NSF shall provide 
     to the Committees on Appropriations a report detailing total 
     personnel costs, excluding costs for program travel and 
     travel support for reviewers, for operating the Foundation, 
     including rotators, IPAs, and support contractors. The report 
     shall detail the accounts and directorates within Research 
     and Related Activities that are the source of this funding.


                  office of the national science board

       The bill provides $4,840,000 for the National Science 
     Board.


                      office of inspector general

       The bill provides $14,700,000 for the Office of Inspector 
     General (OIG). Within 180 days of enactment of this Act, the 
     OIG shall develop a report analyzing NSF actions to improve 
     workforce management and work environment.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                         salaries and expenses

                     (including transfer of funds)

       The bill provides $9,400,000 for the Commission on Civil 
     Rights.
       Improving oversight.--Chronic financial and managerial 
     problems at the Commission have been allowed to continue for 
     too long without sufficient attention. In order to rectify 
     this situation, the bill establishes an Inspector General for 
     the Commission and provides that the post will be filled by 
     the individual holding the position of Inspector General at 
     the Equal Employment Opportunity Commission (EEOC). The IG is 
     tasked with the duties and responsibilities specified in the 
     Inspector General Act of 1978, to include the conduct of 
     audits and reviews of Commission programs, finances and 
     personnel. Funding for the operation of the Commission's OIG, 
     in the amount of $900,000, is provided by transfer to the 
     EEOC OIG.

                Equal Employment Opportunity Commission


                         salaries and expenses

       The bill provides $355,303,000 for EEOC Salaries and 
     Expenses.
       Backlog reduction.--In order to advance EEOC toward its 
     backlog reduction goals, the bill supports an increase in 
     EEOC personnel, which shall be prioritized toward the hiring 
     of frontline staff that have the biggest impact on case 
     resolutions. To assist in the monitoring of EEOC's hiring 
     progress, EEOC is directed to continue submitting quarterly 
     staffing reports, consistent with the direction provided in 
     the statement accompanying P.L. 111-117.
       Full service intake.--EEOC is currently reviewing and 
     considering the adoption of a National Full Service Intake 
     Model, which would create dedicated charge intake units in 
     each field office to handle the intake process from pre-
     charge counseling through charge filing. EEOC is directed to 
     submit a report detailing its views on this model to the 
     Committees on Appropriations within 120 days of the enactment 
     of this Act.
       Federal sector hearings.--EEOC is directed to submit a copy 
     of the updated Federal Sector hearing plan (adjusted for 
     stakeholder input) to the Committees on Appropriations prior 
     to the implementation of such plan.
       Office of Inspector General (OIG).--The appropriating 
     paragraph for the Commission on Civil Rights establishes that 
     EEOC's Inspector General will simultaneously hold the post of 
     Inspector General of the Commission on Civil Rights. The 
     funds needed by the EEOC OIG to carry out this new 
     responsibility are provided by transfer directly from the 
     Commission on Civil Rights budget.


                       state and local assistance

       The bill provides $30,000,000 for EEOC State and Local 
     Assistance.

                     International Trade Commission

       The bill includes $87,000,000 for the International Trade 
     Commission (ITC) for fiscal year 2011.

                       Legal Services Corporation


               payment to the legal services corporation

       The bill provides $440,000,000 for the Legal Services 
     Corporation (LSC).
       Governance and management.--Continuing reports of 
     governance and management issues at LSC undermine the 
     credibility of the organization and complicate efforts to 
     direct additional funds into legal aid, where they are 
     desperately needed. Progress has made been in completing 
     action on reform recommendations identified by GAO and the 
     LSC Inspector General, but some recommendations remain 
     outstanding and additional issues have been raised. The 
     timely resolution of these issues must be a priority of the 
     Corporation so that management and governance questions do 
     not continue to overshadow the good work being done by LSC 
     and its grantees.
       Cost effectiveness studies.--LSC is directed to continue 
     its collaboration with DOJ to conduct a national level 
     economic study of the cost effectiveness of legal aid that 
     would expand on existing state models and establish more 
     broadly applicable results.
       Private attorney involvement.--All LSC grantees are 
     required to take steps to incentivize private attorney 
     involvement in their programs, but these efforts are not 
     performing up to their potential. By making a more aggressive 
     push for pro bono private attorney services, grantees could 
     alleviate some pressure on their own budgets and increase the 
     number of clients served. LSC is urged to seek further action 
     from its grantees to improve private attorney participation.
       Legal aid fellowships.--LSC is reportedly considering a 
     proposal to create a fellowship program for retirees or 
     recent law school graduates who will commit to working in 
     legal aid for a designated period of time. LSC is directed to 
     conduct a study of this proposal in order to further develop 
     how such a fellowship program would work and how much it 
     would cost to implement. LSC shall report to the Committees 
     on Appropriations with the results of that study no later 
     than 120 days after the enactment of this Act.


          administrative provision--legal services corporation

       Title V of the bill revises the LSC administrative 
     provision to permit the use of funds for the pursuit of class 
     action cases on behalf of individuals eligible for legal aid. 
     This revision will better enable LSC grantees to address 
     systemic problems, such as predatory lending and wrongful 
     eviction, in a more efficient manner by consolidating cases. 
     All other restrictions are unchanged.

                        Marine Mammal Commission


                         salaries and expenses

       The bill includes $3,500,000 for the Marine Mammal 
     Commission (MMC). Within the funds provided, the MMC will be 
     able to establish an interagency task force to harmonize 
     environmental analyses without compromising the integrity of 
     the analytical results, which has the potential to save 
     millions of dollars every year; continue efforts to build 
     capacity for marine mammal research and conservation in 
     foreign and international waters; and respond to Deepwater 
     Horizon oil spill events, including conducting reviews of 
     lessons learned among the relevant agencies and governments, 
     assessment of the effects of the spill on marine mammals, and 
     monitoring and documenting recovery rates.

            Office of the United States Trade Representative

       The bill includes $48,000,000 for the Office of the U.S. 
     Trade Representative (USTR).
       Office of Legislative Affairs.--USTR's Office of 
     Legislative Affairs has a responsibility to provide Congress 
     with information, including the timely submittal of fiscal 
     year budget justifications and the appropriate points of 
     contact, neither of which occurred during the fiscal year 
     2011 budget cycle.
       Travel.--USTR is directed to submit a report detailing 
     travel expenditures of all senior staff on a monthly basis to 
     the Committees on Appropriations.
       World Trade Organization (WTO).--USTR is directed to 
     continue to negotiate within the WTO, in consultation with 
     the Department of Commerce, to seek express recognition of 
     the existing right of WTO members to distribute monies 
     collected from antidumping and countervailing duties as they 
     deem appropriate. USTR shall consult with and provide regular 
     reports on the negotiations to the Committees on 
     Appropriations every 60 days upon enactment of this Act. The 
     agency is also directed to conduct negotiations within the 
     WTO consistent with the objectives of the Trade Act of 2002 
     (Public Law 107-210), maintain strong U.S. trade remedies 
     laws, prevent overreaching by WTO Panels and the WTO 
     Appellate Body, and prevent the creation of obligations to 
     which the United States has never agreed.

                        State Justice Institute


                         SALARIES AND EXPENSES

       The bill provides $6,273,000 for the State Justice 
     Institute.

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


                         SALARIES AND EXPENSES

       The bill provides $1,700,000 for the Commission on Wartime 
     Relocation and Internment of Latin Americans of Japanese 
     Descent.

                                TITLE V

                           GENERAL PROVISIONS

       Sections 501 through 511, sections 513 through 528, section 
     531, and sections 533 through 535 continue general provisions 
     without substantive change from previous years.
       Section 512 delays the obligations of any receipts 
     deposited into the Crime Victims Fund in excess of 
     $820,000,000 until October 1, 2011. This language is 
     continued to ensure a stable source of funds will remain 
     available for the program, despite inconsistent levels of 
     criminal fines deposited annually into the Fund.
       Section 529 amends Public Law 104-134 to permit the use of 
     Legal Services Corporation funds for class action lawsuits on 
     behalf of individuals eligible for legal aid.
       Section 530 provides for rescissions of unobligated 
     balances in certain departments and agencies funded in this 
     Act.
       Section 532 prohibits the use of funds to pay the 
     attendance of more than 50 employees at any single conference 
     outside the United States, except for 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.
       Section 536 requires agencies funded under the Act to 
     submit quarterly reports to their Inspector General or senior 
     ethics official regarding the costs and contracting 
     procedures

[[Page S9400]]

     relating to conferences for which the cost to the Government 
     is more than $20,000.
       Section 537 requires the Department of Justice, the 
     Department of Commerce, the National Aeronautics and Space 
     Administration, and the National Science Foundation to submit 
     reports related to Federal agency clean energy sustainability 
     goals and targets.
       Section 538 makes adjustments to prior year 
     congressionally-designated projects.
       Section 539 authorizes the establishment of a Commission on 
     Wartime Relocation and Internment of Latin Americans of 
     Japanese Descent.
       Section 540 requires the Legal Services Corporation to 
     comply with audits by the Government Accountability Office 
     and the Corporation's Inspector General.
       Section 541 allows Federal Prison Industries (FPI) to 
     participate in the Prison Industries Enhancement 
     Certification program and allows FPI to carry out pilot 
     projects to produce items that are no longer produced in the 
     United States.
       Section 542 authorizes the establishment of a National 
     Criminal Justice Commission.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Following is a list of congressional earmarks and 
     congressionally directed spending items (as defined in clause 
     9 of rule XXI of the Rules of the House of Representatives 
     and rule XLIV of the Standing Rules of the Senate, 
     respectively) included in the bill or this explanatory 
     statement, along with the name of each Senator, House Member, 
     Delegate, or Resident Commissioner who submitted a request to 
     the Committee of jurisdiction for each item so identified. 
     Neither the bill nor the explanatory statement contains any 
     limited tax benefits or limited tariff benefits as defined in 
     the applicable House and Senate rules.

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[[Page S9436]]

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

       Following is an explanation of the effects of Division C, 
     which makes appropriations for the Department of Defense for 
     fiscal year 2011. As provided in Section 4 of the 
     consolidated bill, this explanatory statement shall have the 
     same effect with respect to the allocation of funds and the 
     implementation of this division as if it were a joint 
     explanatory statement of a committee of conference.
       The recommendation in the Department of Defense 
     Appropriations Act, 2011, incorporates some of the provisions 
     of the Senate-reported version of the bill (S. 3800). The 
     language and allocations set forth in Senate Report 111-295 
     should be complied with unless specifically addressed to the 
     contrary in the accompanying bill and explanatory statement.
       Funding levels for appropriations by account, and 
     comparisons to last year's levels and the budget request, can 
     be found in the table at the end of this division.


              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

       For the purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (Public Law 99-177) as amended by 
     the Balanced Budget and Emergency Deficit Control 
     Reaffirmation Act of 1987 (Public Law 100-119) and by the 
     Budget Enforcement Act of 1990 (Public Law 101-508), the term 
     program, project, and activity for appropriations contained 
     in this Act shall be defined as the most specific level of 
     budget items identified in the Department of Defense 
     Appropriations Act, 2011, the related classified annexes and 
     explanatory statements, and the P-1 and R-1 budget 
     justification documents as subsequently modified by 
     congressional action. The following exception to the above 
     definition shall apply: for the military personnel and the 
     operation and maintenance accounts, for which the term 
     ``program, project, and activity'' is defined as the 
     appropriations accounts contained in the Department of 
     Defense Appropriations Act.
       At the time the President submits his budget for fiscal 
     year 2012, the Department of Defense is directed to transmit 
     to the congressional defense committees budget justification 
     documents to be known as the ``M-1'' and ``O-1'' which shall 
     identify, at the budget activity, activity group, and 
     subactivity group level, the amounts requested by the 
     President to be appropriated to the Department of Defense for 
     military personnel and operation and maintenance in any 
     budget request, or amended budget request, for fiscal year 
     2012.


                            CLASSIFIED ANNEX

       Adjustments to classified programs are addressed in the 
     accompanying classified annex.


                  CONGRESSIONAL SPECIAL INTEREST ITEMS

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' are congressional special 
     interest items for purposes of the Base for Reprogramming (DD 
     Form 1414). Each of these items must be carried on the DD 
     Form 1414 at the stated amount, as specifically addressed in 
     these materials.


                         REPROGRAMMING GUIDANCE

       The Department of Defense is directed to continue following 
     the reprogramming guidance for acquisition accounts as 
     specified in the report accompanying the House version of the 
     fiscal year 2008 Department of Defense Appropriations bill 
     (H.R. 110-279). For operation and maintenance accounts, the 
     Department of Defense shall continue to follow the 
     reprogramming guidelines specified title II of this 
     statement. The dollar threshold for reprogramming funds shall 
     remain at $15,000,000 for operation and maintenance; 
     $20,000,000 for procurement; and $10,000,000 for research, 
     development, test and evaluation.
       Also, the Under Secretary of Defense, Comptroller, is 
     directed to continue to provide the congressional defense 
     committees quarterly, spreadsheet-based DD Form 1416 reports 
     for service and defense-wide accounts in titles I, II, III 
     and IV of this Act. Reports for titles III and IV shall 
     comply with guidance specified in the statement of managers 
     accompanying the Department of Defense Appropriations Act, 
     2006. The Department shall continue to follow the limitation 
     that prior approval reprogrammings are set at either the 
     specified dollar threshold or 20 percent of the procurement 
     or research, development, test and evaluation line, whichever 
     is less. These thresholds are cumulative from the base for 
     reprogramming value as modified by any adjustments. 
     Therefore, if the combined value of transfers into or out of 
     an operation and maintenance (O-1), procurement (P-1) or a 
     research, development, test and evaluation (R-1) line exceed 
     the identified threshold, the Department of Defense must 
     submit a prior approval reprogramming to the congressional 
     defense committees. In addition, guidelines on the 
     application of prior approval reprogramming procedures for 
     congressional special interest items are established 
     elsewhere in this statement.


                           FUNDING INCREASES

       The funding increases outlined in the tables for each 
     appropriation account shall be provided only for the specific 
     purposes indicated in the tables.


                          ADMINISTRATIVE FEES

       For contracts in the amount greater than the simplified 
     acquisition threshold, the Secretary of Defense may not 
     retain any fee or charge in excess of the actual cost (or 
     estimated cost if the actual cost is not known) of entering 
     into and administering the contract or other agreement under 
     which the order is filled. In no event may the administrative 
     fee or charge retained for such contracts exceed five percent 
     of the funds appropriated, unless approved by the service 
     acquisition executive concerned. Such approvals shall be 
     reported to the Committees on Appropriations of the House and 
     the Senate not later than 30 days after approval.


               INNOVATIVE PROCUREMENT AND RESEARCH FUNDS

       The recommendation includes an additional $60,000,000 for 
     innovative procurement efforts and $439,200,000 for 
     innovative research and development activities. A wide 
     variety of valuable equipment, services and good ideas that 
     can contribute to improving defense capabilities may never be 
     fielded or developed due to a lack of funding. The additional 
     funding provided in this Act is intended to capture some of 
     these items, with an emphasis on small business activities.
       Within the research and development accounts it is directed 
     that not less than $128,000,000 ($32,000,000 for each 
     military department and Defense-Wide) shall be made available 
     only for Phase III Small Business Innovative Research (SBIR) 
     projects to transition ideas into projects that support 
     acquisition programs. In addition, not less than $40,000,000 
     of Defense-Wide funds shall be available only for unsolicited 
     proposals which will be unique in nature. Projects shall be 
     awarded based on an assessment of the benefits defined as 
     enhancing military capability, accelerating the delivery of 
     military capability, reducing the cost of weapons systems 
     either fielded or under development, or improving the quality 
     of life for service personnel. The maximum value of each 
     project awarded with this funding shall not exceed 
     $4,000,000. Projects may be awarded in connection with 
     equipment items, software and services consistent with the 
     criteria noted above.
       Procurements shall be competitively awarded based on 
     current law and regulations. Procurements shall also be 
     awarded based on an assessment of the benefits defined as 
     enhancing military capability, accelerating the delivery of 
     military capability, reducing the cost of weapons systems or 
     improving the quality of life for service personnel.
       It is directed that the overall guidance for the execution 
     of this funding shall be established by the Under Secretary 
     of Defense (Acquisition Technology & Logistics) (USD (AT&L)). 
     Funds available to the military departments shall be 
     administered by the military departments' civilian 
     acquisition executives. Funds available for Defense-Wide 
     activities, including unsolicited proposals, shall be 
     administered by the USD (AT&L). Included in the funding 
     allocated to the USD (AT&L) is $3,200,000 for the management 
     and administration of the program.
       The USD (AT&L) shall provide a report to the congressional 
     defense committees not later than 30 days after enactment of 
     this Act that provides a detailed description of overarching 
     guidance for these initiative funds. The military 
     departments' civilian acquisition executives and the USD 
     (AT&L) shall also provide a report to the congressional 
     defense committees not later than 90 days after enactment of 
     this Act, and at the close of each quarter of the fiscal year 
     thereafter, listing the projects that have been awarded with 
     this funding, separately listing the projects, procurements 
     for small businesses and unsolicited proposals. These reports 
     shall also indicate the criteria used to award projects and 
     procurements to include the expected benefits as noted above, 
     and the estimated savings, if any, that the projects and 
     procurements may generate.

                      TITLE I--MILITARY PERSONNEL

       For Military Personnel, funds are to be available for 
     fiscal year 2011, as follows:


                       [in thousands of dollars]:

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                  TITLE II--OPERATION AND MAINTENANCE

       For Operation and Maintenance, funds are to be available 
     for fiscal year 2011, as follows:


                       [in thousands of dollars]:

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                OPERATION AND MAINTENANCE REPROGRAMMINGS

       The Secretary of Defense is directed to submit the Base for 
     Reprogramming (DD 1414) for each of the fiscal year 2011 
     appropriation accounts not later than 60 days after the 
     enactment of this Act. The Secretary of Defense is prohibited 
     from executing any reprogramming or transfer of funds for any 
     purpose other than originally appropriated until the 
     aforementioned report is submitted to the House and Senate 
     Committees on Appropriations.
       The Secretary of Defense is directed to use the normal 
     prior approval reprogramming procedures to transfer funds in 
     the Services' operation and maintenance accounts between O-1 
     budget activities in excess of $15,000,000. In addition, the 
     Secretary of Defense shall follow prior approval 
     reprogramming procedures for transfers in excess of 
     $15,000,000 out of the following budget subactivities:
       Army:
       Maneuver Units
       Modular Support Brigades
       Land Forces Operations Support
       Force Readiness Operations Support
       Land Forces Depot Maintenance
       Base Operations Support
       Facilities Sustainment, Repair and Modernization
       Navy:
       Aircraft Depot Maintenance
       Ship Depot Maintenance
       Facilities Sustainment, Repair and Modernization
       Marine Corps:
       Depot Maintenance
       Facilities Sustainment, Repair and Modernization
       Air Force:
       Operating Forces Depot Maintenance
       Mobilization Depot Maintenance
       Training and Recruiting Depot Maintenance
       Administration and Servicewide Depot Maintenance
       Primary Combat Forces
       Combat Enhancement Forces
       Combat Communications
       Facilities Sustainment, Repair and Modernization
       Finally, the Secretary of Defense shall follow prior 
     approval reprogramming procedures for transfers in excess of 
     $15,000,000 into the following budget subactivity:
       Operation and Maintenance, Army National Guard:
       Other Personnel Support/Recruiting and Advertising
       With respect to Operation and Maintenance, Defense-Wide, 
     proposed transfers of funds to or from the levels specified 
     for defense agencies in excess of $l5,000,000 shall be 
     subject to prior approval reprogramming procedures.


            OPERATION AND MAINTENANCE BUDGET EXECUTION DATA

       The Secretary of Defense is directed to continue to provide 
     the congressional defense committees with quarterly budget 
     execution data. Such data should be provided not later than 
     45 days after the end of each quarter for the fiscal year, 
     and should be provided for each O-1 budget activity, activity 
     group and subactivity group for each of the active, defense-
     wide, reserve and National Guard components. For each O-1 
     budget activity, activity group and subactivity group, these 
     reports should include the budget request and actual 
     obligation amount; the distribution of unallocated 
     congressional adjustments to the budget request; all 
     adjustments made by the Department in establishing the Base 
     for Reprogramming (DD Form 1414) report; all adjustments 
     resulting from below threshold reprogrammings and all 
     adjustments resulting from prior approval reprogramming 
     requests.


                      CIVILIAN PERSONNEL PAY RATES

       The budget request included discrepancies between the 
     services in the price growth budgeted for civilian personnel 
     pay. The Office of the Under Secretary of Defense 
     (Comptroller) is directed to ensure consistency across the 
     Department for civilian personnel pay rates in future budget 
     submissions.


                         INFORMATION OPERATIONS

       The recommendation includes reductions to certain 
     information operation programs. Due to the classification of 
     these activities, a table is included in the classified annex 
     of the statement indicating the programs to which adjustments 
     have been made. In addition, the Under Secretary of Defense 
     (Comptroller) shall continue to submit a strategic 
     communications and information operations programs report to 
     the congressional defense committees not later than 30 days 
     after the submission of the President's annual budget request 
     to Congress. The report shall include supplemental budget 
     justification materials for strategic communication programs 
     to include information operations, military information 
     support operations and influence activities of the Department 
     of Defense for which base budget, supplemental or overseas 
     contingency operations funds have been appropriated or 
     requested over the fiscal year 2010 through 2012 period, 
     including: program strategies, target audiences, goals, and 
     measures of effectiveness; budget exhibits at the 
     appropriations account and subactivity level; spend plans 
     (including positions and other direct costs associated with 
     the activity); and production and dissemination mechanisms 
     and locations. The report shall identify any current or prior 
     year funds provided that have been obligated or expended for 
     activities other than those for which the funding was 
     requested, or transferred either above or below the 
     reprogramming threshold notification requirements and the 
     purposes for which the funds were otherwise used. Finally, 
     the report shall include an annex to explain and support 
     classified information.


                       MARITIME SECURITY EXERCISE

       The Secretary of the Navy is directed to develop and 
     conduct a tabletop exercise to identify specific gaps in 
     surveillance procedures, information collection and sharing 
     and predictive capability concerning terrorist-related 
     overseas movements of weapons of mass destruction components 
     through international waters. This analytical exercise should 
     utilize the Naval Postgraduate School or a similar government 
     academic organization with substantial ties to the Department 
     of the Navy and background in both maritime security and 
     national security matters. This exercise is to be limited and 
     targeted to determine where vulnerabilities lie in our 
     nation's overall maritime security posture.


                            ENERGY SECURITY

       The Secretary of Defense is to be commended for 
     collaborative pilot projects that demonstrate a systems-level 
     approach to energy security. The intent of these projects 
     include such things as improvements to energy self-
     sufficiency, reduction of greenhouse gas emissions, and 
     increased use of renewable energy sources. Some joint bases 
     have been found to be well situated to conduct these projects 
     which provide the foundation to replicate the energy security 
     efforts at other Department of Defense installations, and 
     therefore $20,000,000 is provided for these Energy Security 
     Pilot Projects. The fast track projects shall put these 
     installations on a path to energy security within 18 months. 
     Over the long term, the Department can use the fast-track 
     pilot programs' foundational data, tools and process models 
     to develop and implement a multiyear plan to achieve energy 
     security at all Department of Defense installations. The 
     Secretary of Defense is directed to provide an implementation 
     plan to the congressional defense committees not later than 
     30 days after enactment of this Act, an initial status report 
     of the pilot programs not later than March 15, 2011 and a 
     comprehensive multiyear Energy Security Program plan not 
     later than September 30, 2011.


                             MILITARY TIRES

       To preserve a competitive and vigorous industrial base for 
     military tires, the Director of the Defense Logistics Agency 
     (DLA) is directed to: request that all contractors involved 
     in any way with the Tire Procurement Initiative (TPI) provide 
     DLA with any competitive tire pricing information they have 
     received in connection with their performance of the TPI 
     contract; make this information known to all interested 
     contractors; report to the congressional defense committees 
     not later than 45 days after enactment of this Act whether 
     the requested information was provided; and, if the requested 
     information was not provided, include in that report a plan 
     for ensuring that real or perceived conflicts of interest 
     related to the possession of this information does not 
     undermine the integrity of future tire contracts.


               MULTINATIONAL INFORMATION SHARING PROGRAMS

       The Secretary of Defense is directed to provide a report to 
     the congressional defense committees not later than 90 days 
     after the enactment of this Act to include the following: a 
     list of every program funded by the Department whose 
     objective is to facilitate the secure exchange of electronic 
     information between the United States and its partners and 
     allies; the amount of funding provided to these programs in 
     fiscal year 2010 and requested in fiscal year 2011; a plan 
     for consolidating these programs into one program that can be 
     used throughout the entire Department for the stated 
     objective; and an explanation, if necessary, of why multiple 
     information sharing systems are necessary and financially 
     justified.


                     OUTSIDE LEGAL DEFENSE EXPENSES

       The Secretary of Defense, in coordination with the Attorney 
     General of the United States, is directed to provide a report 
     to the congressional defense committees on the financial, 
     legal, or other impacts of each of the following: amending 
     public law to specifically make military personal eligible 
     for reimbursement of legal bills when they successfully 
     defend themselves against charges of abusing detainees; 
     providing servicemembers Professional Liability Insurance to 
     cover legal fees, similar to the insurance that is available 
     to other Federal employees; and reimbursing the $1,000,000 
     that the Congressional Budget Office estimates U.S. 
     servicemembers have already had to pay for their own defense 
     against these types of charges for which later, the charges 
     were dismissed or the servicemember acquitted since September 
     11, 2001. The Secretary is directed to provide this report 
     not later than 180 days after enactment of this Act.


             JOINT ADVERTISING, MARKET RESEARCH AND STUDIES

       The recommendation includes $7,972,000 for the Joint 
     Advertising, Market Research and Studies (JAMRS) Program 
     under the Defense Human Resources Activity. The funding is 
     directed to be used for the costs associated with maintaining 
     the JAMRS Recruiting

[[Page S9456]]

     Database and the remainder to be used for market research and 
     studies only related to recruiting medical health 
     professionals.


           readiness and environmental protection initiative

       The Readiness and Environmental Protection Initiative 
     (REPI) program has contributed significantly to relieving 
     encroachment pressures at military installations across the 
     nation. Many military installations either include lands that 
     serve as critical habitat for species or find that community 
     development on adjacent land threatens to impinge on 
     operations. In order to expand the impact of the REPI 
     program, the recommendation includes $60,186,000 above the 
     amount requested in the budget. In allocating funds 
     appropriated for the REPI program, the Department is directed 
     to consider proposals for acquiring property and easements to 
     preserve Clear Zone areas, Accident Potential Zones, firing 
     ranges, maneuver areas, and airfields on the same basis as 
     all other proposals.


                        youth mentoring program

       The recommendation provides $20,000,000 for Youth Mentoring 
     programs. The Department of Defense is directed to allocate 
     this funding on a competitive basis to activities that are in 
     close proximity to Department of Defense installations.

                         TITLE III--PROCUREMENT

       For Procurement, funds are to be available for fiscal year 
     2011, as follows:


                       [in thousands of dollars]:

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                         acquisition categories

       Category I (ACAT I) Major Defense Acquisition Programs 
     (MDAPs) are the high-cost and special interest programs for 
     which the Under Secretary of Defense (Acquisition, Technology 
     and Logistics) (USD (AT&L)) retains decision authority and 
     conducts more extensive senior-level management reviews. 
     Programs are identified as ACAT I based on their estimated 
     total costs in constant fiscal year 2000 dollars or as 
     designated by the USD (AT&L). Programs costing more than 
     $365,000,000 in research, development, test and evaluation or 
     more than $2,190,000,000 in procurement are automatically 
     considered ACAT I. However, a number of expensive and 
     critical programs, such as the F-22 Raptor and C-17 
     Globemaster, are falling outside the ACAT I process despite 
     their very high modernization costs. The current criteria for 
     senior level review fail to capture some programs most 
     deserving of that review.
       The USD (AT&L) is directed to review the standards used to 
     identify the various acquisition categories and provide a 
     report detailing the steps taken to ensure that programs such 
     as the F-22 and C-17 receive the oversight required of large 
     programs. The report is due to the congressional defense 
     committees not later than 180 days after enactment of this 
     Act.


                               m4 carbine

       Industry offers a wide array of commercially available 
     upgrades to improve the reliability, lethality and accuracy 
     of the M4 carbine. However, Army efforts to procure upgrades 
     have not drawn fully on industry's capabilities. Therefore, 
     the Secretary of the Army is directed to ensure that full and 
     open competition maximizing the participation of industry is 
     used in finding vendors for M4 carbine upgrades.


              high mobility multi-purpose wheeled vehicle

       Fiscal year 2011 funding of $989,067,000, the President's 
     request, is recommended for High Mobility Multi-Purpose 
     Wheeled Vehicles (HMMWV), with all funding intended for 
     recapitalization of old HMMWVs and no funding for procurement 
     of new HMMWVs. The Army has been slow to execute fiscal year 
     2010 funds that were appropriated by Congress as requested by 
     the Army for the procurement of new HMMWVs. The Secretary of 
     the Army is directed to act promptly to obligate the funds 
     appropriated for the procurement of new production HMMWVs in 
     the Department of Defense Appropriations Act, 2010.


                        bradley fighting vehicle

       The Congress has been a strong supporter of the Bradley 
     program. It is noted that not all Army National Guard Bradley 
     Fighting Vehicles have been upgraded to a minimum of the 
     Operation Desert Storm Situational Awareness configuration. 
     The Army is expected to use prior year funds to upgrade 
     remaining M2/M3 variants in the Army National Guard.


                    high mobility engineer excavator

       In 2007, the Army successfully fielded a high speed, 
     armored, self-deployable excavation system with attachments 
     to execute a wide range of mobility, counter-mobility, 
     survivability, and general engineering missions. It also 
     satisfies specific transportability requirements allowing it 
     to be used by airborne, air assault and light units. Since 
     its fielding, the Army has employed this excavator with great 
     success, especially with regard to route and mine clearing as 
     it provides vastly improved force protection and soldier 
     survivability for engineers performing mine and improvised 
     explosive device clearing missions. The Marine Corps is 
     reviewing the performance of this excavator and is 
     considering adding it to their requirements documents. The 
     Corps is encouraged to procure this machine and to include 
     funding in future Marine Corps budget requests.


               evolved expendable launch vehicle pricing

       The Secretary of Defense, in consultation with the Director 
     of the National Reconnaissance Office, is directed to analyze 
     the pricing strategies for Evolved Expendable Launch Vehicle 
     (EELV) Launch Services (ELS) that will support both United 
     Launch Alliance and Tier 2 and 3 supplier stability and 
     encourage broader demand for ELS capabilities. This analysis 
     should stress recovery of the marginal costs of the booster 
     alone rather than the fully allocated costs of the EELV 
     Launch Capability contract. The results of this analysis 
     shall be reported to the congressional defense and 
     intelligence committees not later than 90 days after 
     enactment of this Act.


            special operations command unfunded requirements

       The recommendation includes additional funding to address 
     critical capability shortfalls in procurement and research 
     and development for which a requirement has been identified 
     by Special Operations Command (SOCOM) and funding was not 
     included in the fiscal year 2011 budget submission. These 
     program increases are provided in several lines in 
     ``Procurement, Defense-Wide'', and ``Research, Development, 
     Test and Evaluation, Defense-Wide''. This funding should be 
     executed in support of the prioritized unfunded requirements 
     SOCOM has identified and/or submitted to the congressional 
     defense committees. In this regard, funding is provided for 
     the tactical vehicle unfunded requirement identified by Air 
     Force Special Operations Command (AFSOC).


                 printed circuit board industrial base

       The shift in the Department towards commercial off-the-
     shelf electronics has caused an increased dependence on off-
     shore circuit boards and a decline in the Nation's printed 
     circuit board industrial base, possibly compromising our 
     Nation's security. Therefore, the Secretary of Defense is 
     directed to conduct an assessment of the domestic circuit 
     board industry and its associated supply chain. This 
     assessment should include a survey of the current capability 
     and capacity of, along with the associated risks to, the 
     domestic printed circuit board industrial base, a forecast of 
     the long term maintenance requirements of the industrial base 
     and an evaluation of the supply base required to ensure that 
     current and future national security requirements can be 
     satisfied domestically. The results of this assessment shall 
     be reported to the congressional defense committees not later 
     than six months after enactment of this Act.


                         c-17a globemaster iii

       No funds are provided in the bill to acquire additional C-
     17 airlifter aircraft. Funding provided for C-17 Post 
     Production Support is to protect needed production 
     capabilities, assets, systems and processes for the continued 
     life cycle support of the C-17. The C-17 is not to be used as 
     a source for reprogrammings. The Department is directed to 
     retain appropriated funds in the program.


   joint surveillance target attack radar system (jstars) re-engining

       While no funds are provided specifically for the re-
     engining effort in the fiscal year 2011 bill, there is 
     substantial unobligated funding available from prior fiscal 
     year appropriations within the JSTARS program. The Air Force 
     may, as needed, use those funds to procure engine ship-sets.

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       For Research, Development, Test and Evaluation, funds are 
     to be available for fiscal year 2011, as follows:


                       [in thousands of dollars]:

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[[Page S9513]]

                  SOFTWARE DEVELOPMENT COST ESTIMATION

       The Secretary of Defense is directed to provide the 
     congressional defense committees a report, not later than 90 
     days after enactment of this Act, on its analysis identifying 
     the common attributes of successful software intensive 
     programs. The report should include the required metrics, 
     data, and resources that are needed and used to better 
     estimate and baseline future Department of Defense software 
     program developments.


               CONTRACT MANAGEMENT SERVICES PILOT PROGRAM

       The Department of Defense has recently started a pilot 
     program, in conjunction with the Ability One Services 
     program, in which wounded veterans are trained and employed 
     to conduct contract closeout activities. Thus far, in the 
     infancy of the effort, millions of dollars have been recouped 
     and over 1,500 contracts have been closed out with no re-work 
     required. The program could reasonably achieve a ratio of 
     10:1 return on investment. The recommendation provides an 
     additional $12,000,000 in the ``Research, Development, Test 
     and Evaluation, Defense-Wide'' appropriation to expand this 
     pilot program. The Director of Defense Procurement and 
     Acquisition Policy shall be responsible for the management of 
     this pilot program and shall provide a quarterly report to 
     the congressional defense committees on the progress of the 
     pilot program.


                               BIOMETRICS

       Due to concern that the fiscal year 2011 request for 
     biometrics funded duplicative efforts, the recommendation 
     decreases biometrics funding by $12,000,000. To ensure the 
     program benefits from information technology best practices, 
     the Secretary of the Army shall submit a report not later 
     than 90 days after enactment of this Act which details: how 
     biometric data will interface with and leverage the Army's 
     Digital Common Ground System's cloud architecture that allows 
     for real-time updates, device agnostic tactical nodes, and 
     existing cross domain security capabilities that handle U.S. 
     persons data; how the next generation biometric database 
     configuration incorporates the lessons learned from earlier 
     large intelligence database software license acquisitions; 
     and how military intelligence program funding and non-
     military intelligence program funding will be determined for 
     biometric programs going forward.


                     EXPEDITIONARY FIGHTING VEHICLE

       A total of $222,265,000 is provided for the Expeditionary 
     Fighting Vehicle, including $145,265,000 for termination 
     liability. Funds designated for termination liability may be 
     released for use in system development and demonstration 
     activities upon certification by the Secretary of Defense to 
     the congressional defense committees that testing on 
     prototype vehicles has demonstrated sufficient confidence to 
     meet program requirements.


                          BONE MARROW REGISTRY

       The recommendation includes $31,500,000 for the Department 
     of the Navy, to be administered by the C.W. ``Bill'' Young 
     Marrow Donor Recruitment and Research Program, also known as 
     and referred to within the Naval Medical Research Center as 
     the Bone Marrow Registry. Funds appropriated for the C.W. 
     ``Bill'' Young Marrow Donor Recruitment and Research Program 
     shall remain available only for the purposes for which they 
     were appropriated, and may only be obligated for the C.W. 
     ``Bill'' Young Marrow Program. Further, the agencies involved 
     in contingency planning are encouraged to continue to include 
     the C.W. ``Bill'' Young Marrow Donor Recruitment and Research 
     Program in the development and testing of their contingency 
     plans. The Base for Reprogramming (DD Form 1414) shall show 
     this as a congressional special interest item. The Department 
     is further directed to release all the funds appropriated for 
     this purpose to the C.W. ``Bill'' Young Marrow Donor 
     Recruitment and Research Program not later than 60 days after 
     enactment of this Act.


                           COMMON DATA LINKS

       The Secretary of the Air Force is directed to research, 
     define and test a government specified interface that ensures 
     open access to configuration commands between the host 
     platform and common data links (CDL). Once defined, the Air 
     Force should include this interface into the existing CDL 
     family of specifications for new CDL terminal procurement 
     contract awards. Recognizing the benefits of multiple vendors 
     supplying competitive offerings for this vital communication 
     service, the Secretary of Defense is encouraged to ensure 
     that all Department of Defense platforms employing CDL shall 
     adopt the Air Force defined CDL interface and that multiple 
     vendor participation occurs in the further development of CDL 
     family of specifications.


       BEST INDUSTRIAL PROCESSES FOR DEPARTMENT OF DEFENSE DEPOTS

       The recommendation includes $8,000,000 to be used for the 
     analysis of emerging technologies and best industrial 
     processes for insertion into the Department of Defense 
     maintenance depots. The funding will help the Department 
     identify technological gaps, perform return on investment 
     analyses and conduct procurement studies based on business 
     case analyses studies.


        GROUND MOVING TARGET INDICATION (GMTI) RADAR DEVELOPMENT

       The recommendation provides $12,000,000 for Ground Moving 
     Target Indication (GMTI) Radar Development to conduct studies 
     and analysis on candidate GMTI radar technologies which could 
     lead to the development of platform-independent prototypes to 
     demonstrate critical technical parameters (range, minimum 
     detectable velocity and target location error) to support 
     initial integration with air vehicles such as the E8 Joint 
     Surveillance Attack Radar System, the Navy's P8A Multi-
     mission Maritime Aircraft, RQ4 Global Hawk or others. The 
     Secretary of the Air Force is directed to provide an 
     execution plan for these funds not later than 60 days after 
     enactment of this Act to the Committees on Appropriations of 
     the House and the Senate. Subsequent updates shall be 
     provided at the beginning of the first and third quarter of 
     each fiscal year until all funds are obligated and expended.


           DEFENSE ADVANCED RESEARCH PROJECTS AGENCY (DARPA)

       The Director of DARPA is directed to provide to the 
     congressional defense committees, not later than 60 days 
     after enactment of this Act, a report detailing by program 
     element and project the application of undistributed 
     reductions.


                      CHEMICAL TESTING ON ANIMALS

       The Secretary of the Defense is directed to report to the 
     congressional defense committees, not later than 90 days 
     after enactment of this Act, on the impact of reducing or 
     restricting funds provided for the purchase of animals for 
     the purposes of demonstrating the effects of chemical agents 
     on the animals.

                Title V--Revolving and Management Funds

       For Revolving and Management Funds, funds are to be 
     available for fiscal year 2011, as follows:

                       [in thousands of dollars]:

         

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[[Page S9515]]

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

       For Other Department of Defense Programs, funds are to be 
     available for fiscal year 2011, as follows:


                       [in thousands of dollars]:

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            DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES

       The recommendation designates the funding for the Direct 
     Care System as a congressional special interest item, as 
     defined elsewhere in this statement. The Assistant Secretary 
     of Defense (Health Affairs) is also directed to provide 
     quarterly reports to the Committees on Appropriations of the 
     House and the Senate on budget execution data for all of the 
     Defense Health Program accounts and to adequately reflect 
     changes to the budget activities requested by the Services in 
     future budget submissions.


                               CARRYOVER

       The Assistant Secretary of Defense (Health Affairs) is 
     directed to submit a detailed spending plan for any fiscal 
     year 2010 designated carryover funds to the congressional 
     defense committees not later than 15 days prior to executing 
     the carryover funds.


                     PRIVATE SECTOR CARE SHORTFALL

       The recommendation reduces the Private Sector Care budget 
     activity group by $236,000,000 as a result of pharmaceutical 
     rebates being realized and the Military Health System 
     adjusting to more normalized rates, creating excess funds. 
     The Assistant Secretary of Defense (Health Affairs) is 
     directed to report to the congressional defense committees 
     not later than 60 days after enactment of this Act on the 
     status of additional rebates that have been collected.


                 PEER-REVIEWED CANCER RESEARCH PROGRAM

       The recommendation provides $16,000,000 for a peer-reviewed 
     cancer research program. The Department of Defense is 
     directed to provide a report not later than 60 days after 
     enactment of this Act to the congressional defense committees 
     on the status of the peer-reviewed cancer research programs. 
     The funds provided are directed to be used to conduct 
     research in the following areas: melanoma and other skin 
     cancers, pediatric and childhood cancer research, genetic 
     cancer research, pancreatic cancer, kidney cancer, blood 
     cancer, colorectal cancer, mesothelioma, radiation protection 
     utilizing nanotechnology, and Listeria Vaccine for infectious 
     disease and cancer. The funds provided under the Peer-
     Reviewed Cancer Research Program shall be used only for the 
     purposes listed above.


                 PEER-REVIEWED MEDICAL RESEARCH PROGRAM

       The recommendation provides $50,000,000 for a Peer-Reviewed 
     Medical Research Program and the Secretary of Defense, in 
     conjunction with the Service Surgeons General, is directed to 
     select medical research projects of clear scientific merit 
     and direct relevance to military health. Research areas 
     considered under this funding are restricted to: chronic 
     fatigue syndrome, chronic migraine and post-traumatic 
     headache, drug abuse, epidermolysis bullosa, epilepsy, 
     fragile x syndrome, inflammatory bowel disease, interstitial 
     cystitis, lupus, neuroblastoma, osteoporosis and related bone 
     disease, Paget's disease, pancreatitis, pheochromocytoma, 
     polycystic kidney disease, post-traumatic osteoarthritis, 
     scleroderma, social work research, and tinnitus. The 
     additional funding provided under the Peer-Reviewed Medical 
     Research Program shall be devoted only to the purposes listed 
     above.


        DEPARTMENT OF DEFENSE PHARMACY DATA TRANSACTION SERVICE

       According to Army reports, the prescription of pain 
     management medications is handled inconsistently at military 
     medical facilities, particularly in theater, where 
     prescription data is not transmitted to the Department of 
     Defense's Pharmacy Data Transaction Service. The Assistant 
     Secretary of Defense (Health Affairs) is directed to provide 
     a report to the congressional defense committees on the 
     obstacles and steps toward such transmission not later than 
     60 days after enactment of this Act.


         JOINT PATHOLOGY CENTER AND NATIONAL TISSUE REPOSITORY

       The Joint Pathology Center (JPC) was established in 
     accordance with Section 722 of the National Defense 
     Authorization Act, 2008. Given the importance of the JPC and 
     its assigned mission in medical research, education, 
     consultation and management of the National Tissue 
     Repository, the Assistant Secretary of Defense (Health 
     Affairs) is directed to include funding for the JPC in the 
     upcoming fiscal year 2012 budget request.


                   SMOKING CESSATION IN THE MILITARY

       There are significant burdens caused by tobacco use in the 
     United States military including its impact on readiness and 
     productivity. The Department of Defense shall continue 
     implementing the recommendations outlined in the Institute of 
     Medicine report Combating Tobacco Use in Military and 
     Veterans Populations.''


            TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH

       The Secretary of Defense is directed to report to the 
     congressional defense committees not later than 60 days after 
     enactment of this Act on the availability of appropriate and 
     accessible counseling to servicemembers and their families 
     who live in locations that are not close to military 
     treatment facilities, other Military Health System health 
     facilities or TRICARE providers. Initiatives, such as 
     telehealth, clinical standards supporting TBI and 
     psychological health, and training and education outreach 
     should also be included.


CENTERS OF EXCELLENCE AT WALTER REED ARMY MEDICAL CENTER (WRAMC)/WALTER 
             REED NATIONAL MILITARY MEDICAL CENTER (WRNMMC)

       The recommendation includes the budget request for the 
     following Centers of Excellence at the current Walter Reed 
     Army Medical Center: Breast Care, Gynecologic, Prostate, Pain 
     and Neuroscience, and Integrated Cardiac Health (Wellness). 
     The Secretary of Defense is directed to include full funding 
     for the Centers of Excellence at WRAMC and WRNMMC in the 
     fiscal year 2012 budget submission as these centers are the 
     forefront in the advancement of modern medical care.

                      TITLE VII--RELATED AGENCIES


                            CLASSIFIED ANNEX

       Adjustments to the classified programs are addressed in a 
     separate detailed and comprehensive classified annex. The 
     Intelligence Community, Department of Defense and other 
     organizations are expected to fully comply with the 
     recommendations and directions in the classified annex 
     accompanying the Department of Defense Appropriations Act, 
     2011.

   CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

       For the Central Intelligence Agency Retirement and 
     Disability System Fund, $292,000,000 is provided for fiscal 
     year 2011.

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

       For the Intelligence Community Management Account, 
     $649,732,000 is provided for fiscal year 2011.


             INTELLIGENCE COMMUNITY BUSINESS TRANSFORMATION

       To meet the statutory requirement of achieving an 
     unqualified National Intelligence Program financial audit by 
     September 30, 2013, a business transformation transfer fund 
     has been created for the Director of the Business 
     Transformation Office and the designated functional lead 
     intelligence element to identify to the congressional 
     intelligence committees and the Office of Management and 
     Budget which of the following intelligence elements; the 
     National Geospatial-Intelligence Agency, the National 
     Security Agency, the Central Intelligence Agency, the 
     National Reconnaissance Office, and the Defense Intelligence 
     Agency, will take the lead for the following business areas: 
     Acquire-to Retire, Budget-to-Report, Procure-to-Pay, Hire-to-
     Retire, Data Center Infrastructure and Data Security. The 
     lead intelligence element will select the single business 
     system for each functional area by April 15, 2011, and lead 
     the implementation and business process standardization of 
     that specific business area for the other four Intelligence 
     elements and the Office of the Director of National 
     Intelligence. There are two general provisions in Title VIII 
     of this Division that provide the authority for the lead 
     element to leverage the existing business system program of 
     record funds and to expend the transfer fund dollars under 
     the policy direction and architectural guidance of the 
     Director of the Business Transformation Office. Not later 
     than 15 days prior to making such transfers, the Director of 
     National Intelligence shall submit a report on such transfers 
     to the congressional intelligence committees.

                     TITLE VIII GENERAL PROVISIONS

       The recommendation includes general provisions which 
     address requests by the Administration for various 
     authorities, the continuation or modification of provisions 
     carried in Acts from previous years, or new matters of 
     specific concern. The bill also includes rescissions to prior 
     year appropriations, as detailed in the table below.


                             (Rescissions)

       Language is included that rescinds $1,113,536,000 from the 
     following programs:
2009 Appropriations:
                             Weapons and Tracked Combat Vehicles, Army:
    Future Combat Systems...................................$86,300,000
                                               Other Procurement, Army:
    Armored Security Vehicles................................55,000,000
    Force XXII Battle Command Brigade and Below..............30,600,000
    Semi-trailers, Flatbed...................................62,000,000
                                            Aircraft Procurement, Navy:
    KC-130J..................................................12,000,000
    F/A-18E/F................................................14,100,000
                                       Aircraft Procurement, Air Force:
    Global Hawk excess funds.................................49,000,000
    C-130 AMP................................................31,900,000
    HC/MC updated pricing....................................36,000,000
2010 Appropriations:
                                            Aircraft Procurement, Army:
    Tactical SIGINT Payload..................................14,000,000
                             Weapons and Tracked Combat Vehicles, Army:
    Future Combat Systems spin-outs..........................19,600,000
    Improved Recovery Vehicle.................................8,700,000
    MK-19 Grenade Machine Gun Modifications...................7,700,000
                                             Missile Procurement, Army:
    GMLRS.....................................................9,171,000

[[Page S9520]]

                                            Aircraft Procurement, Navy:
    EA-18G MYP savings.......................................89,120,000
    F/A-18E/F MYP savings....................................72,727,000
    F-18 Series ECO..........................................17,000,000
    E-6 Series................................................6,000,000
                      Procurement of Ammunition, Navy and Marine Corps:
    General Purpose Bombs....................................11,576,000
                                     Shipbuilding and Conversion, Navy:
    DDG-51main reduction gear savings........................22,000,000
                                               Other Procurement, Navy:
    Minesweeping System Replacement...........................5,400,000
    Aircraft Launch Recovery..................................3,642,000
                                       Aircraft Procurement, Air Force:
    B-2A......................................................5,900,000
    B-52.....................................................39,300,000
    C-17 Modifications.......................................12,200,000
    C-130J updated pricing....................................7,000,000
    C-130 AP updated pricing.................................15,100,000
    HC/MC-130 AP.............................................46,900,000
    HC/MC-130 updated pricing................................13,200,000
    Initial Spares--Joint Stars Re-engining..................11,700,000
                                          Other Procurement, Air Force:
    FAB-T....................................................36,600,000
                      Research, Development, Test and Evaluation, Army:
    Aircraft Avionics--JTRS AMF..............................10,200,000
    HFDS.....................................................15,000,000
    Future Combat System--Class IV UAV Program of Record.....12,000,000
    TUAV-TSP.................................................16,300,000
                 Research, Development, Test and Evaluation, Air Force:
    B-2......................................................90,000,000
    Classified Program.......................................10,000,000
    Alternative Fuels........................................10,000,000
    Small Diameter Bomb......................................22,000,000
    Engine CIP...............................................15,000,000
    JSTARS...................................................14,600,000
    RQ-4 UAV.................................................18,000,000
    C-5 Airlift Squadrons....................................19,000,000
              Research, Development, Test and Evaluation, Defense-Wide:
    BMD Hercules.............................................10,000,000

               TITLE IX--OVERSEAS CONTINGENCY OPERATIONS


                         REPORTING REQUIREMENTS

       The Secretary of Defense is directed to provide a report to 
     the congressional defense committees not later than 30 days 
     after enactment of this Act on the allocation of the funds 
     within the accounts listed in this title. The Secretary shall 
     submit updated reports 30 days after the end of each fiscal 
     quarter until funds listed in this title are no longer 
     available for obligation. These reports shall include: a 
     detailed accounting of obligations and expenditures of 
     appropriations provided in this title by program and 
     subactivity group for the continuation of military operations 
     in Iraq and Afghanistan and a listing of equipment procured 
     using funds provided in this title. It is expected that, in 
     order to meet unanticipated requirements, the Secretary of 
     Defense may need to transfer funds within these 
     appropriations accounts for purposes other than those 
     specified in this report. The Secretary of Defense is 
     directed to follow normal prior approval reprogramming 
     procedures should it be necessary to transfer funding between 
     different appropriations accounts in this title.
       Additionally, the Secretary of Defense is directed to 
     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 required 
     by Department of Defense Financial Management Regulation, 
     Chapter 23, Volume 12. Further, the Secretary of Defense is 
     directed to continue to provide the Cost of War Reports to 
     the congressional defense committees that include the 
     following information by appropriation: funding appropriated, 
     funding allocated, monthly obligations, monthly 
     disbursements, cumulative fiscal year obligations, and 
     cumulative fiscal year disbursements.


                           MILITARY PERSONNEL

     For Military Personnel, funds are to be available for fiscal 
     year 2011, as follows:


                       [in thousands of dollars]:

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                       OPERATION AND MAINTENANCE

       For Operation and Maintenance, funds are to be available 
     for fiscal year 2011, as follows:


                       [In thousands of dollars]:

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                    AFGHANISTAN INFRASTRUCTURE FUND

       At the request of the Secretary of Defense and the 
     Secretary of State, the recommendation includes a new 
     appropriation to fund infrastructure projects in Afghanistan. 
     These projects will be jointly formulated by the Department 
     of Defense and the Department of State and will be executed 
     in support of the counterinsurgency strategy in Afghanistan. 
     The Secretary of Defense is directed to notify the 
     appropriate committees of Congress not fewer than 15 days 
     prior to making transfers or obligations to or from this 
     Fund.


                    AFGHANISTAN SECURITY FORCES FUND

       The Secretary of Defense is directed to follow guidance 
     included in Senate Report 111-295 regarding the oversight of 
     the Afghanistan Security Forces Fund (ASFF) and contracts, 
     except for the following changes. The ASFF Executive Council 
     shall include representatives from the Under Secretary of 
     Defense (Comptroller); Under Secretary of Defense 
     (Acquisition, Technology, and Logistics); the senior 
     contracting executives of the Defense Logistics Agency and 
     relevant military departments; Commander, Central Command; 
     Commander, NTM-A/CSTC-A; Director, Defense Security 
     Cooperation Agency; Director, Defense Contract Audit Agency 
     (DCAA); and Director, Defense Contract Management Agency 
     (DCMA) and shall meet on a quarterly basis at a minimum. The 
     Council shall ensure the development of an acquisition 
     strategy to fulfill the commander's needs and clearly 
     articulate contract requirements. Appropriate procedures and 
     personnel shall be in place in CONUS and Afghanistan for 
     sound financial stewardship of the ASFF to include following 
     all required federal regulations, oversight of all service 
     and equipment contracts, and review of contractor invoices. 
     DCMA and DCAA are responsible for pre and post-award peer 
     reviews for large contracts and the Council shall ensure the 
     distribution of peer-review lessons learned. In addition to 
     the responsibilities outlined above, the Steering Council 
     should encourage building the capacity of Afghans to perform 
     contracting, accounting and payroll functions that are 
     currently being performed by Department of Defense and 
     contract personnel.


    TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN

       Temporary authority has been included for the Task Force 
     for Business and Stability Operations in Afghanistan only for 
     fiscal year 2011 to assist the International Security 
     Assistance Force and the U.S. Embassy, Kabul in developing 
     economic stability and opportunity in Afghanistan through 
     strategic business and economic projects. Those efforts must 
     be jointly coordinated and approved by the U.S. military and 
     civilian leadership in Afghanistan, and be directly linked to 
     the Government of Afghanistan's economic development 
     strategy. Projects may only be carried out subject to the 
     direction and oversight of the Secretary of Defense and with 
     the concurrence of the Secretary of State.
       This authority has been granted in order to avoid 
     disrupting projects currently underway that are viewed by the 
     leadership of both U.S. Forces--Afghanistan and U.S. Embassy, 
     Kabul as important to achieving U.S. objectives in 
     Afghanistan. These projects clearly fall outside the normal 
     jurisdiction and expertise of the Department of Defense and 
     should have been developed and resourced by the Afghan 
     government or U.S. civilian entities operating in 
     Afghanistan. If it is required to continue these projects and 
     efforts beyond fiscal year 2011 then the Department of 
     Defense, in coordination with the Department of State and the 
     U.S. Agency for International Development must develop and 
     implement a transition plan to the respective civilian 
     entities for fiscal year 2012 and beyond. This transition 
     plan shall be delivered to the Congress concurrent with the 
     President's fiscal year 2012 budget submission.


                         INFORMATION OPERATIONS

       The Overseas Contingency Operations budget request includes 
     $61,000,000 for information operations programs in Iraq. The 
     recommendation fully funds the request. However, it is 
     directed that not more than $31,000,000 of the funds provided 
     may be expended by the Department of Defense until 15 days 
     after the Undersecretary of Defense (Comptroller) submits a 
     report to both the Committees on Appropriations of the House 
     and the Senate which details in writing a formal spending 
     plan for all fiscal year 2011 funding provided for this 
     purpose.

                              PROCUREMENT

       For Procurement, funds are to be available for fiscal year 
     2011, as follows:


                       [In thousands of dollars]:

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   MINE RESISTANT AMBUSH PROTECTED (MRAP) AND MINE RESISTANT AMBUSH 
                 PROTECTED ALL TERRAIN VEHICLES (MATVS)

       The recommendation provides $3,415,000,000, equal to the 
     request, to address MRAP and M-ATV requirements, as 
     identified by the Department. The Department shall continue 
     to adhere to the execution and reporting requirements 
     contained in section 8122 of Public Law 110-116.


                  NATIONAL GUARD AND RESERVE EQUIPMENT

       The recommendation for the National Guard and Reserve 
     Equipment Account is $850,000,000. Of that amount, 
     $250,000,000 is for the Army National Guard; $250,000,000 is 
     for the Air National Guard; $140,000,000 is for the U.S. Army 
     Reserve; $70,000,000 is for the Navy Reserve; $70,000,000 is 
     for the Marine Corps Reserve; and $70,000,000 is for the Air 
     Force Reserve to meet urgent equipment needs that may arise 
     this fiscal year.
       This funding will allow the Guard and reserve components to 
     procure high priority equipment that may be used by these 
     units for both their combat missions and their missions in 
     support of State governors. In addition to the items previous 
     listed in Senate Report 111-295, this funding will allow the 
     Guard and reserve components to procure high priority items 
     such as: Generation 4 Advanced Targeting Pods; Lightweight 
     Airborne Radio Systems; Active Electronically Scanned Array 
     radars; Helmet Mounted Integrated Targeting Systems; Upgraded 
     air ground power units; Real Time in Cockpit Tactical 
     Datalink Capability; C-130 Loadmaster Crashworthy Seats; 
     secure radios; Security Forces equipment; digital computer 
     communications equipment; Family of Medium Tactical Vehicles; 
     Light Utility Helicopter Mission Enhancement Program; Climate 
     Regulated Cargo Trailer; Modular Small Arms Training Systems; 
     Joint Threat Emitters; tactical radios; tactical trailers; 
     and field engineering, logistics, and maintenance equipment.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

    For Research, Development, Test and Evaluation, funds are to be 
              available for fiscal year 2011, as follows:


                      [in thousands of dollars]: 

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[[Page S9543]]

                     INTELLIGENCE, SURVEILLANCE AND

                     RECONNAISSANCE (ISR) PROGRAMS

       The Act includes an increase of $112,000,000 for an ISR 
     Sensor Pilot Program (Research, Development, Test and 
     Evaluation, Air Force). These funds are provided to allow the 
     Secretary of the Air Force the opportunity to fund programs 
     that may provide game-changing capabilities with significant 
     savings to the taxpayer. The Secretary of the Air Force shall 
     fund at least one Predator C aircraft as a prototype platform 
     and shall fund a prototype capability using commercial-off-
     the-shelf long range, dual-band electro-optical/infrared 
     solutions for the MQ-9 that are currently in use by partner 
     nations and derived from sensors currently utilized on the 
     Air Force's U-2. Further, the Secretary of the Air Force 
     shall review other programs such as active near-infrared 
     imaging for high resolution ISR, counter-IED capabilities, 
     sensors which provide signals intelligence tracking 
     capability, and/or a sensor testbed aircraft as a surrogate 
     platform for MQ-9 testing. The Secretary of the Air Force is 
     directed to provide an execution plan for these funds not 
     later than 60 days after enactment of this Act and prior to 
     obligation to the congressional defense committees. 
     Subsequent updates shall be provided at the beginning of the 
     first and third quarter of each fiscal year until all funds 
     are obligated and expended.

                     REVOLVING AND MANAGEMENT FUNDS

                     DEFENSE WORKING CAPITAL FUNDS

       For the Defense Working Capital Funds, $485,384,000 is 
     provided for fiscal year 2011.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

       For Other Department of Defense Programs, funds are to be 
     available for fiscal year 2011, as follows:


                       [in thousands of dollars]:

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[[Page S9546]]

                     GENERAL PROVISIONS--THIS TITLE

       The recommendation includes general provisions which 
     address requests by the Administration for various 
     authorities, the continuation or modification of provisions 
     carried in Acts from previous years, or new matters of 
     specific concern.


   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Following is a list of congressional earmarks and 
     congressionally directed spending items (as defined in clause 
     9 of rule XXI of the Rules of the House of Representatives 
     and rule XLIV of the Standing Rules of the Senate, 
     respectively) included in the bill or this explanatory 
     statement, along with the name of each Senator, House Member, 
     Delegate, or Resident Commissioner who submitted a request to 
     the House or Senate Committee of jurisdiction for each item 
     so identified. Neither the bill nor the explanatory statement 
     contains any limited tax benefits or limited tariff benefits 
     as defined in the applicable House and Senate rules.

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