Congressional Record, Volume 157 Issue 32 (Friday, March 4, 2011)

[Congressional Record Volume 157, Number 32 (Friday, March 4, 2011)]
[Senate]
[Pages S1265-S1306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TEXT OF AMENDMENTS

SA 146. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 23, to amend title 35, United States Code, to
provide for patent reform; which was ordered to lie on the table; as
follows:

At the end of the bill, insert the following:

SEC. ___. CLARIFICATION OF APPLICABILITY OF TRANSITIONAL
PROGRAM FOR COVERED BUSINESS-METHOD PATENTS.

SA 147. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 23, to amend title 35, United States Code, to
provide for patent reform; which was ordered to lie on the table; as
follows

At the end of the bill, insert the following:

SEC. ___. CLARIFICATION OF APPLICABILITY OF TRANSITIONAL
PROGRAM FOR COVERED BUSINESS-METHOD PATENTS.

Notwithstanding any other provision of this Act, the
regulations issued pursuant to section 18(b)(1) (relating to
the transitional program for covered business-method
patents), shall not apply to any patent that--
(1) has already completed an ex parte or inter partes
reexamination by the United States Patent and Trademark
Office as of the date of enactment of this Act; or
(2) has already been the subject of a jury verdict of
validity or invalidity as of the date of enactment of this
Act.
______

SA 148. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 23, to amend title 35, United States Code, to
provide for patent reform; which was ordered to lie on the table; as
follows

At the end of the bill, insert the following:

SEC. ___. CLARIFICATION OF APPLICABILITY OF TRANSITIONAL
PROGRAM FOR COVERED BUSINESS-METHOD PATENTS.

Notwithstanding any other provision of this Act, the
regulations issued pursuant to section 18(b)(1) (relating to
the transitional program for covered business-method
patents), shall not apply to any patent that--
(1) has already completed an ex parte or inter partes
reexamination by the United States Patent and Trademark
Office as of the date of enactment of this Act;
(2) has already been the subject of a jury verdict of
validity or invalidity as of the date of enactment of this
Act; or
(3) is the subject of a lawsuit alleging infringement of a
patent that is pending as of the date of enactment of this
Act.
______

SA 149. Mr. INOUYE submitted an amendment intended to be proposed by
him to the bill H.R. 1, making appropriations for the Department of
Defense and the other departments and agencies of the Government for
the fiscal year ending September 30, 2011, and for other purposes;
which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert:

SECTION 1. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations

DIVISION B--FULL-YEAR CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2011

Title I--General Provisions
Title II--Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies
Title III--Commerce, Justice, Science, and Related Agencies
Title IV--Energy and Water Development and Related Agencies
Title V--Financial Services and General Government
Title VI--Homeland Security
Title VII--Interior, Environment, and Related Agencies
Title VIII--Labor, Health and Human Services, and Education, and
Related Agencies
Title IX--Legislative Branch
Title X--Military Construction, Veterans Affairs, and Related Agencies
Title XI--Department of State, Foreign Operations, and Related Programs
Title VII--Transportation, and Housing and Urban Development, and
Related Agencies

SEC. 2. REFERENCES.

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

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2011, for military functions
administered by the Department of Defense and for other
purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

Reserve Personnel, Army

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

Reserve Personnel, Navy

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

[[Page S1266]]

Reserve Personnel, Marine Corps

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

Reserve Personnel, Air Force

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

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $7,511,296,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,060,098,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $33,306,117,000.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $14,804,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$37,809,239,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,539,740,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $36,062,989,000.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $30,210,810,000: Provided, That not
more than $50,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $31,659,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $8,251,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $6,454,624,000.

Operation and Maintenance, Air National Guard

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $5,963,839,000.

United States Court of Appeals for the Armed Forces

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

[[Page S1267]]

Environmental Restoration, Army

(including transfer of funds)

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

Environmental Restoration, Navy

(including transfer of funds)

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

Environmental Restoration, Air Force

(including transfer of funds)

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

Environmental Restoration, Defense-Wide

(including transfer of funds)

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

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

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

Overseas Humanitarian, Disaster, and Civic Aid

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

Cooperative Threat Reduction Account

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

Department of Defense Acquisition Workforce Development Fund

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

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$5,254,791,000, to remain available for obligation until
September 30, 2013.

Missile Procurement, Army

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

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,461,086,000, to remain available for
obligation until September 30, 2013.

Procurement of Ammunition, Army

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,847,066,000, to remain available for obligation until
September 30, 2013.

Other Procurement, Army

(including transfer of funds)

For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications

[[Page S1268]]

and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $8,145,665,000, to remain available for
obligation until September 30, 2013: Provided, That of the
funds made available in this paragraph, $15,000,000 shall be
made available to procure equipment, not otherwise provided
for, and may be transferred to other procurement accounts
available to the Department of the Army, and that funds so
transferred shall be available for the same purposes and the
same time period as the account to which transferred.

Aircraft Procurement, Navy

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $16,170,868,000, to remain available
for obligation until September 30, 2013.

Weapons Procurement, Navy

For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,221,957,000, to remain available for obligation until
September 30, 2013.

Procurement of Ammunition, Navy and Marine Corps

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

Shipbuilding and Conversion, Navy

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

Other Procurement, Navy

(including transfer of funds)

For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of
seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $5,804,963,000, to remain available
for obligation until September 30, 2013: Provided, That of
the funds made available in this paragraph, $15,000,000 shall
be made available to procure equipment, not otherwise
provided for, and may be transferred to other procurement
accounts available to the Department of the Navy, and that
funds so transferred shall be available for the same purposes
and the same time period as the account to which transferred.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,236,436,000, to remain available for obligation until
September 30, 2013.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$13,483,739,000, to remain available for obligation until
September 30, 2013: Provided, That none of the funds provided
in this Act for modification of C-17 aircraft, Global Hawk
Unmanned Aerial Vehicle and F-22 aircraft may be obligated
until all C-17, Global Hawk and F-22 contracts funded with
prior year ``Aircraft Procurement, Air Force'' appropriated
funds are definitized unless the Secretary of the Air Force
certifies in writing to the congressional defense committees
that each such obligation is necessary to meet the needs of a
warfighting requirement or prevents increased costs to the
taxpayer, and provides the reasons for failing to definitize
the prior year contracts along with the prospective contract
definitization schedule: Provided further, That the Secretary
of the Air Force shall expand the current HH-60 Operational
Loss Replacement program to meet the approved HH-60
Recapitalization program requirements.

Missile Procurement, Air Force

For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$5,424,764,000, to remain available for obligation until
September 30, 2013.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$731,487,000, to remain available for obligation until
September 30, 2013.

[[Page S1269]]

Other Procurement, Air Force

(including transfer of funds)

For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000
per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $17,568,091,000, to remain available for obligation
until September 30, 2013: Provided, That of the funds made
available in this paragraph, $15,000,000 shall be made
available to procure equipment, not otherwise provided for,
and may be transferred to other procurement accounts
available to the Department of the Air Force, and that funds
so transferred shall be available for the same purposes and
the same time period as the account to which transferred.

Procurement, Defense-Wide

(including transfer of funds)

For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $4,009,321,000, to remain
available for obligation until September 30, 2013: Provided,
That of the funds made available in this paragraph,
$15,000,000 shall be made available to procure equipment, not
otherwise provided for, and may be transferred to other
procurement accounts available to the Department of Defense,
and that funds so transferred shall be available for the same
purposes and the same time period as the account to which
transferred.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$34,346,000, to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $17,736,303,000, to remain
available for obligation until September 30, 2012: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be
available for the Cobra Judy program.

Research, Development, Test and Evaluation, Air Force

Research, Development, Test and Evaluation, Defense-Wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,797,412,000, to
remain available for obligation until September 30, 2012:
Provided, That of the funds made available in this paragraph,
$3,200,000 shall only be available for program management and
oversight of innovative research and development.

Operational Test and Evaluation, Defense

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

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

National Defense Sealift Fund

For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $1,474,866,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (engines, reduction
gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be
the award of a new contract: Provided further, That the
Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso
on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $31,382,198,000; of which $29,671,764,000
shall be for operation and maintenance, of which not to
exceed 1 percent shall remain available until September 30,
2012, and of which up to $16,212,121,000 may be available for
contracts entered into under the TRICARE program; of which
$534,921,000, to remain available for obligation until
September 30, 2013, shall be for procurement; and of which
$1,175,513,000, to remain available for obligation until
September 30, 2012, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $10,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations.

Chemical Agents and Munitions Destruction, Defense

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

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,156,957,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the

[[Page S1270]]

transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.

Office of the Inspector General

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

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

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

Intelligence Community Management Account

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

TITLE VIII

GENERAL PROVISIONS

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

(transfer of funds)

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

(transfer of funds)

Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;

[[Page S1271]]

(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used
for a multiyear procurement contract as follows:
Navy MH-60R/S Helicopter Systems.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2011, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2012 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2012 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2012.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
Sec. 8015. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.

(transfer of funds)

Sec. 8016. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act: Provided,
That subsection (j) of section 831 of the National Defense
Authorization Act for Fiscal Year 1991 is amended by striking
``September 30, 2010'' and inserting ``September 30, 2011'',
and by striking ``September 30, 2013'' and inserting
``September 30, 2014''.
Sec. 8017. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the

[[Page S1272]]

prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8023. (a) Of the funds made available in this Act, not
less than $30,374,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,048,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,424,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $902,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2011 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2011,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2012 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $125,000,000.
Sec. 8025. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2011. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not

[[Page S1273]]

have been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase
of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department
of Defense for procurement.
(b) The fiscal year 2012 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2012 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2012 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8033. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2012: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2012.
Sec. 8034. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8035. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8036. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8037. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8038. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8039. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the explanatory statement regarding this Act.

(rescissions)

Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $86,300,000.
``Other Procurement, Army, 2009/2011'', $147,600,000.
``Aircraft Procurement, Navy, 2009/2011'', $26,100,000.
``Aircraft Procurement, Air Force, 2009/2011'',
$116,900,000.
``Aircraft Procurement, Army, 2010/2012'', $14,000,000.
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $36,000,000.
``Missile Procurement, Army, 2010/2012'', $9,171,000.
``Aircraft Procurement, Navy, 2010/2012'', $284,847,000.
``Procurement of Ammunition, Navy and Marine Corps, 2010/
2012'', $11,576,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2010/2014'': DDG-51 Destroyer, $22,000,000.
``Other Procurement, Navy, 2010/2012'', $9,042,000.
``Aircraft Procurement, Air Force, 2010/2012'',
$151,300,000.
``Other Procurement, Air Force, 2010/2012'', $36,600,000.
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $53,500,000.
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000.
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year

[[Page S1274]]

for drug interdiction and counter-drug activities may be
transferred to any other department or agency of the United
States except as specifically provided in an appropriations
law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8047. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8048. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8049. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8050. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.

(including transfer of funds)

Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8052. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
Sec. 8055. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government:
Provided, That the Department of Defense may conduct or
participate in studies, research, design and other activities
to define and develop a future export version of the F-22A
that protects classified and sensitive information,
technologies and U.S. warfighting capabilities.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8058. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces or police of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that the unit has committed a gross

[[Page S1275]]

violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8059. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8060. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
30 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8062. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8063. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8064. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8066. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8067. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8068. Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year, and hereafter, may be used to fund civil requirements
associated with the satellite and ground control segments of
such system's modernization program.

(including transfer of funds)

Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $147,258,300
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8070. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2011.
Sec. 8071. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.

(including transfer of funds)

Sec. 8072. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$415,115,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $205,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, $84,722,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program, $58,966,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $66,427,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite, of which $12,000,000
shall be for producing Arrow missile components in the United
States and Arrow missile components in Israel to meet
Israel's defense requirements, consistent with each nation's
laws, regulations and procedures: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to
which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8073. None of the funds available to the Department
of Defense may be obligated

[[Page S1276]]

to modify command and control relationships to give Fleet
Forces Command administrative and operational control of U.S.
Navy forces assigned to the Pacific fleet: Provided, That the
command and control relationships which existed on October 1,
2004, shall remain in force unless changes are specifically
authorized in a subsequent Act.
Sec. 8074. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8075. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2011 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2011.
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8077. The budget of the President for fiscal year
2012 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.

(including transfer of funds)

Sec. 8079. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $65,200,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, he shall
make grants in the amounts specified as follows: $20,000,000
to the United Service Organizations; $24,000,000 to the Red
Cross; $1,200,000 to the Special Olympics; and $20,000,000 to
the Youth Mentoring Grants Program: Provided further, That
funds available in this section for the Youth Mentoring
Grants Program may be available for transfer to the
Department of Justice Youth Mentoring Grants Program.
Sec. 8080. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8082. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.

(including transfer of funds)

Sec. 8083. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the Secretary may not transfer any funds until 30 days
after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds transferred
pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided
further, That the transfer authority provided by this section
is in addition to any other transfer authority contained
elsewhere in this Act.
Sec. 8084. For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that
is not closed at the time reimbursement is made shall be
available to reimburse the Judgment Fund and shall be
considered for the same purposes as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations
in the current fiscal year or any prior fiscal year.
Sec. 8085. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8086. Notwithstanding any other provision of law or
regulation, during the current fiscal year and hereafter, the
Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as
authorized for the Secretary of Veterans Affairs by section
7455 of title 38, United States Code.
Sec. 8087. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8088. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2012.
Sec. 8089. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8090. Notwithstanding any other provision of law, not
more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8091. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books:
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40, Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3,
RDT&E Project Cost Analysis; and R-4, RDT&E Program Schedule
Profile.
Sec. 8092. The Secretary of Defense shall create a major
force program category for space for each future-years
defense program

[[Page S1277]]

of the Department of Defense submitted to Congress under
section 221 of title 10, United States Code, during fiscal
year 2011. The Secretary of Defense shall designate an
official in the Office of the Secretary of Defense to provide
overall supervision of the preparation and justification of
program recommendations and budget proposals to be included
in such major force program category.
Sec. 8093. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2011:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8094. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8095. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8096. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8097. The amounts appropriated in title II of this
Act are hereby reduced by $1,983,000,000 to reflect excess
cash balances in Department of Defense Working Capital Funds,
as follows: (1) From ``Operation and Maintenance, Army'',
$700,000,000; and (2) From ``Operation and Maintenance,
Defense-Wide'', $1,283,000,000.

(including transfer of funds)

Sec. 8098. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.

(including transfer of funds)

Sec. 8099. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8100. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8101. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8102. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000 unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(e) By March 1, 2011, or within 60 days after enactment of
this Act, whichever is later, the Government Accountability
Office shall submit a report to the Congress evaluating the
effect that the requirements of this section have had on
national security, including recommendations, if any, for
changes to these requirements.
Sec. 8103. (a) Prohibition on Conversion of Functions
Performed by Federal Employees to Contractor Performance.--
None of the funds appropriated by this Act or otherwise
available to the Department of Defense may be used to begin
or announce the competition to award to a contractor or
convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted
under Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the award of a function to a contractor or the
conversion of a function to performance by a contractor
pursuant to a study conducted under Office of Management and
Budget (OMB) Circular A-76 once all reporting and
certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) have been satisfactorily completed.
Sec. 8104. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical
or mission essential business management information
technology system that is not registered with the Director of
National Intelligence. A system shall be considered to be
registered with that officer upon the furnishing notice of
the system, together with such information concerning the
system as the Director of the Business Transformation Office
may prescribe.
(2) During the current fiscal year no funds may be
obligated or expended for a financial management automated
information system, a mixed information system supporting
financial and non-financial systems, or a business system
improvement of more than $3,000,000, within the Intelligence
Community without the approval of the Business Transformation
Office, and the designated Intelligence Community functional
lead element.
(b) The Director of the Business Transformation Office
shall provide the congressional intelligence committees a
semi-annual report of approvals under paragraph (1) no later
than March 30 and September 30 of each year. The report shall
include the results of the Business Transformation Investment
Review Board's semi-annual activities,

[[Page S1278]]

and each report shall certify that the following steps have
been taken for systems approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.

(including transfer of funds)

Sec. 8105. Of the funds appropriated in this Act for the
Office of the Director of National Intelligence, $50,000,000,
may be transferred to appropriations available to the Central
Intelligence Agency, the National Security Agency, and the
National Geospatial Intelligence Agency, the Defense
Intelligence Agency and the National Reconnaissance Office
for the Business Transformation Transfer Funds, to be merged
with and to be available for the same time period and the
same purposes as the appropriation to which transferred:
Provided, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.

(including transfer of funds)

Sec. 8106. In addition to funds made available elsewhere
in this Act, there is hereby appropriated $538,875,000, to
remain available until transferred: Provided, That these
funds are appropriated to the ``Tanker Replacement Transfer
Fund'' (referred to as ``the Fund'' elsewhere in this
section): Provided further, That the Secretary of the Air
Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air
Force'', and ``Research, Development, Test and Evaluation,
Air Force'', only for the purposes of proceeding with a
tanker acquisition program: Provided further, That funds
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of the Air
Force shall, not fewer than 15 days prior to making transfers
using funds provided in this section, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.

(including transfer of funds)

Sec. 8107. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $132,200,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8108. (a) Of the amounts made available in this Act
under the heading ``Operation and Maintenance, Navy'', not
less than $2,000,000, shall be made available for leveraging
the Army's Contractor Manpower Reporting Application,
modified as appropriate for Service-specific requirements,
for documenting the number of full-time contractor employees
(or its equivalent) pursuant to United States Code title 10,
section 2330a(c) and meeting the requirements of United
States Code title 10, section 2330a(e) and United States Code
title 10, section 235.
(b) Of the amounts made available in this Act under the
heading ``Operation and Maintenance, Air Force'', not less
than $2,000,000 shall be made available for leveraging the
Army's Contractor Manpower Reporting Application, modified as
appropriate for Service-specific requirements, for
documenting the number of full-time contractor employees (or
its equivalent) pursuant to United States Code title 10
section 2330a(c) and meeting the requirements of United
States Code title 10, section 2330a(e) and United States Code
title 10, section 235.
(c) The Secretaries of the Army, Navy, Air Force, and the
Directors of the Defense Agencies and Field Activities (in
coordination with the appropriate Principal Staff Assistant),
in coordination with the Under Secretary of Defense for
Personnel and Readiness, shall report to the congressional
defense committees within 60 days of enactment of this Act
their plan for documenting the number of full-time contractor
employees (or its equivalent), as required by United States
Code title 10, section 2330a.

(including transfer of funds)

Sec. 8109. In addition to amounts provided elsewhere in
this Act, there is appropriated $250,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to be available until expended: Provided, That such
funds shall only be available to the Secretary of Defense,
acting through the Office of Economic Adjustment of the
Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense.
Sec. 8110. In addition to amounts provided elsewhere in
this Act, there is appropriated $300,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended. Such funds may be
available for the Office of Economic Adjustment,
notwithstanding any other provision of law, for
transportation infrastructure improvements associated with
medical facilities related to recommendations of the Defense
Base Closure and Realignment Commission.
Sec. 8111. Section 310(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871)
is amended by striking ``1 year'' both places it appears and
inserting ``2 years''.
Sec. 8112. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex: Provided, That
not later than 90 days after enactment of this Act, the
Director of National Intelligence shall certify that the
Office of the Director of National Intelligence selects
individuals for Senior Executive positions in a manner
consistent with statutes, regulations, and the requirements
of other Federal agencies in making such appointments and
will submit its policies and procedures related to the
appointment of personnel to Senior Executive positions to the
congressional intelligence oversight committees.
Sec. 8113. For all major defense acquisition programs for
which the Department of Defense plans to proceed to source
selection during the current fiscal year, the Secretary of
Defense shall perform an assessment of the winning bidder to
determine whether or not the proposed costs are realistic and
reasonable with respect to proposed development and
production costs. The Secretary of Defense shall provide a
report of these assessments, to specifically include whether
any cost assessments determined that such proposed costs were
unreasonable or unrealistic, to the congressional defense
committees not later than 60 days after enactment of this Act
and on a quarterly basis thereafter.
Sec. 8114. (a) The Deputy Under Secretary of Defense for
Installations and Environment, in collaboration with the
Secretary of Energy, shall conduct energy security pilot
projects at facilities of the Department of Defense.
(b) In addition to the amounts provided elsewhere in this
Act, $20,000,000, is appropriated to the Department of
Defense for ``Operation and Maintenance, Defense-Wide'' for
energy security pilot projects under subsection (a).
Sec. 8115. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to
pay a retired general or flag officer to serve as a senior
mentor advising the Department of Defense unless such retired
officer files a Standard Form 278 (or successor form
concerning public financial disclosure under part 2634 of
title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8116. Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, the Chief of
the Air Force Reserve, and the Director of the National Guard
Bureau, in collaboration with the Secretary of Agriculture
and the Secretary of the Interior, shall submit to the
Committees on Appropriations of the House and Senate, the
House Committee on Agriculture, the Senate Committee on
Agriculture, Nutrition and Forestry, the House Committee on
Natural Resources, and the Senate Committee on Energy and
Natural Resources a report of firefighting aviation assets.
The report required under this section shall include each of
the following:
(1) A description of the programming details necessary to
obtain an appropriate mix of fixed wing and rotor wing
firefighting assets needed to produce an effective aviation
resource base to support the wildland fire management program
into the future. Such programming details shall include the
acquisition and contracting needs of the mix of aviation
resources fleet, including the acquisition of up to 24 C-
130Js equipped with the Mobile Airborne Fire Fighting System
II (in this section referred to as ``MAFFS''), to be acquired
over several fiscal years starting in fiscal year 2012.

[[Page S1279]]

(2) The costs associated with acquisition and contracting
of the aviation assets described in paragraph (1).
(3) A description of the costs of the operation,
maintenance, and sustainment of a fixed and rotor wing
aviation fleet, including a C-130J/MAFFS II in an Air
National Guard tactical airlift unit construct of 4, 6, or 8
C-130Js per unit starting in fiscal year 2012, projected out
through fiscal year 2020. Such description shall include the
projected costs associated with each of the following through
fiscal year 2020:
(A) Crew ratio based on 4, 6, or 8 C-130J Air National
Guard unit construct and requirement for full-time equivalent
crews.
(B) Associated maintenance and other support personnel and
requirement for full-time equivalent positions.
(C) Yearly flying hour model and the cost for use of a
fixed and rotor wing aviation fleet, including C-130J in its
MAFFS capacity supporting the United States Forest Service.
(D) Yearly flying hour model and cost for use of a C-130J
in its capacity supporting Air National Guard tactical
airlift training.
(E) Any other costs required to conduct both the airlift
and firefighting missions, including the Air National Guard
unit construct for C-130Js.
(4) Proposed program management, utilization, and cost
share arrangements for the aircraft described in paragraph
(1) for primary support of the Forest Service and secondary
support, on an as available basis, for the Department of
Defense, together with any proposed statutory language needed
to authorize and effectuate the same.
(5) An integrated plan for the Forest Service and the
Department of the Interior wildland fire management programs
to operate the fire fighting air tanker assets referred to in
this section.
Sec. 8117. Notwithstanding any other provision of this
division, to reflect savings from revised economic
assumptions, the total amount appropriated in title II of
this division is hereby reduced by $469,000,000, the total
amount appropriated in title III of this division is hereby
reduced by $497,000,000, and the total amount appropriated in
title IV of this division is hereby reduced by $336,000,000:
Provided, That the Secretary of Defense shall allocate this
reduction proportionally to each budget activity, activity
group, subactivity group, and each program, project, and
activity, within each appropriation account.
Sec. 8118. The total amount available in this division for
pay for civilian personnel of the Department of Defense for
fiscal year 2011 shall be the amount otherwise appropriated
or made available by this division for such pay reduced by
$723,000,000.
Sec. 8119. The explanatory statement regarding this
division, printed in the Senate section of the Congressional
Record on or about March 4, 2011, by the Chairman of the
Committee on Appropriations of the Senate, shall have the
same effect with respect to the allocation of funds and
implementation of this division as if it were a Report of the
Committee on Appropriations.

TITLE IX

OVERSEAS CONTINGENCY OPERATIONS

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$11,468,033,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $732,920,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $2,060,442,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$268,031,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine
Corps'', $45,437,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $27,002,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $853,022,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $16,860,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $59,212,782,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance,
Navy'', $8,970,724,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $4,008,022,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $12,989,643,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $9,276,990,000: Provided, That each amount in
this section is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010: Provided further, That of
the funds provided under this heading:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation New Dawn
and Operation Enduring Freedom.
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations
for logistical, military, and other support, including access
provided to United States

[[Page S1280]]

military operations in support of Operation New Dawn and
Operation Enduring Freedom, notwithstanding any other
provision of law: Provided, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the requirement to provide
notification shall not apply with respect to a reimbursement
for access based on an international agreement: Provided
further, That these funds may be used for the purpose of
providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition
forces supporting United States military operations in Iraq
and Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to
the congressional defense committees on the use of funds
provided in this paragraph.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $206,784,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $93,559,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $29,685,000: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $203,807,000: Provided, That each amount
in this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $497,849,000: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $417,983,000: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Afghanistan Infrastructure Fund

(including transfer of funds)

There is hereby established in the Treasury of the United
States the ``Afghanistan Infrastructure Fund''. For the
``Afghanistan Infrastructure Fund'', $400,000,000, to remain
available until September 30, 2012: Provided, That such sums
shall be available for infrastructure projects in
Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless
the Secretary of State and the Secretary of Defense jointly
decide that a specific project will be undertaken by the
Department of Defense: Provided further, That the
infrastructure referred to in the preceding proviso is in
support of the counterinsurgency strategy, requiring funding
for facility and infrastructure projects, including, but not
limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further,
That the authority to undertake such infrastructure projects
is in addition to any other authority to provide assistance
to foreign nations: Provided further, That any projects
funded by this appropriation shall be jointly formulated and
concurred in by the Secretary of State and Secretary of
Defense: Provided further, That funds may be transferred to
the Department of State for purposes of undertaking projects,
which funds shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act: Provided further, That the transfer authority in
the preceding proviso is in addition to any other authority
available to the Department of Defense to transfer funds:
Provided further, That any unexpended funds transferred to
the Secretary of State under this authority shall be returned
to the Afghanistan Infrastructure Fund if the Secretary of
State, in coordination with the Secretary of Defense,
determines that the project cannot be implemented for any
reason, or that the project no longer supports the
counterinsurgency strategy in Afghanistan: Provided further,
That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this
appropriation and shall be treated in the same manner as
funds not transferred to the Secretary of State: Provided
further, That contributions of funds for the purposes
provided herein to the Secretary of State in accordance with
section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be
credited to this Fund, to remain available until expended,
and used for such purposes: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
making transfers to or from, or obligations from the Fund,
notify the appropriate committees of Congress in writing of
the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on
Armed Services, Foreign Relations and Appropriations of the
Senate and the Committees on Armed Services, Foreign Affairs
and Appropriations of the House of Representatives: Provided
further, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Afghanistan Security Forces Fund

For the ``Afghanistan Security Forces Fund'',
$11,619,283,000, to remain available until September 30,
2012: Provided, That such funds shall be available to the
Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Combined
Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the
Secretary of State, to the security forces of Afghanistan,
including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That up to $15,000,000 of
these funds may be available for coalition police trainer
life support costs: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees of
any proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Iraq Security Forces Fund

For the ``Iraq Security Forces Fund'', $1,500,000,000, to
remain available until September 30, 2012: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, United States Forces-Iraq, or the
Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies,
services, training, facility and infrastructure repair, and
renovation: Provided further, That

[[Page S1281]]

the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary shall notify the congressional
defense committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional
defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any
proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $2,720,138,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $896,996,000, to remain
available until September 30, 2013: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $369,885,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$6,423,832,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $1,269,549,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $558,024,000, to remain available
until September 30, 2013: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $1,991,955,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $56,621,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Procurement of Ammunition, Air Force

For an additional amount for ``Procurement of Ammunition,
Air Force'', $292,959,000, to remain available until
September 30, 2013: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $2,868,593,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.

National Guard and Reserve Equipment

For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $850,000,000, to
remain available for obligation until September 30, 2013, of
which $250,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of National Guard
and Reserve components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Mine Resistant Ambush Protected Vehicle Fund

(including transfer of funds)

For the Mine Resistant Ambush Protected Vehicle Fund,
$3,415,000,000, to remain available until September 30, 2012:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary
shall transfer such funds only to appropriations made
available in this or any other Act for operation and
maintenance; procurement; research, development, test

[[Page S1282]]

and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further,
That such transferred funds shall be merged with and be
available for the same purposes and the same time period as
the appropriation to which transferred: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the Secretary shall, not fewer than 10
days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer: Provided further, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $143,234,000, to remain available
until September 30, 2012: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $104,781,000, to remain available
until September 30, 2012: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $484,382,000, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $222,616,000, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $485,384,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$1,422,092,000, of which $1,398,092,000 shall be for
operation and maintenance, to remain available until
September 30, 2011, and of which $24,000,000 shall be for
research, development, test and evaluation, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Drug Interdiction and Counter-Drug Activities, Defense

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $440,510,000, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,793,768,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

Office of the Inspector General

For an additional amount for the ``Office of the Inspector
General'', $10,529,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.

GENERAL PROVISIONS--THIS TITLE

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

(including transfer of funds)

Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $4,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2011.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or the ``Afghanistan
Security Forces Fund'' provided in this Act and executed in
direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle; and (b) heavy and light armored vehicles
for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $500,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Iraq and Afghanistan to respond to urgent,
small scale, humanitarian relief and reconstruction
requirements within their areas of responsibility: Provided,
That projects (including any ancillary or related elements in
connection with such project) executed under this authority
shall not exceed $20,000,000: Provided further, That not
later than 45 days after the end of each fiscal year quarter,
the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Iraq and Afghanistan: Provided
further, That not less than 15 days before making funds
available pursuant to the authority provided in this section
or under any other provision of law for the purposes
described herein for a project with a

[[Page S1283]]

total anticipated cost for completion of $5,000,000 or more,
the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Iraq and Afghanistan: Provided,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. (a) The Secretary of Defense shall submit to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter a report on the proposed use
of all funds appropriated by this or any prior Act under each
of the headings Iraq Security Forces Fund, Afghanistan
Security Forces Fund, Afghanistan Infrastructure Fund, and
Pakistan Counterinsurgency Fund on a project-by-project
basis, for which the obligation of funds is anticipated
during the 3-month period from such date, including estimates
for the accounts referred to in this section of the costs
required to complete each such project.
(b) The report required by this subsection shall include
the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in subsection (a) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.

(including transfer of funds)

Sec. 9011. Of the funds appropriated by this Act for the
Office of the Director of National Intelligence, $3,375,000
is available, as specified in the classified annex, for
transfer to other departments and agencies of the Federal
Government.
Sec. 9012. (a) The Task Force for Business and Stability
Operations in Afghanistan may, subject to the direction and
control of the Secretary of Defense and with the concurrence
of the Secretary of State, carry out projects in fiscal year
2011 to assist the commander of the United States Central
Command in developing a link between United States military
operations in Afghanistan under Operation Enduring Freedom
and the economic elements of United States national power in
order to reduce violence, enhance stability, and restore
economic normalcy in Afghanistan through strategic business
and economic opportunities.
(b) The projects carried out under paragraph (a) may
include projects that facilitate private investment,
industrial development, banking and financial system
development, agricultural diversification and revitalization,
and energy development in and with respect to Afghanistan.
(c) The Secretary may use up to $150,000,000 of the funds
available for overseas contingency operations in ``Operation
and Maintenance, Army'' for additional activities to carry
out projects under paragraph (a).
Sec. 9013. (a) Not more than 85 percent of the funds
provided in this title for Operation and Maintenance may be
available for obligation or expenditure until the date on
which the Secretary of Defense submits the report under
subsection (b).
(b) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on contractor
employees in the United States Central Command, including--
(1) the number of employees of a contractor awarded a
contract by the Department of Defense (including
subcontractor employees) who are employed at the time of the
report in the area of operations of the United States Central
Command, including a list of the number of such employees in
each of Iraq, Afghanistan, and all other areas of operations
of the United States Central Command; and
(2) for each fiscal year quarter beginning on the date of
the report and ending on September 30, 2012--
(A) the number of such employees planned by the Secretary
to be employed during each such period in each of Iraq,
Afghanistan, and all other areas of operations of the United
States Central Command; and
(B) an explanation of how the number of such employees
listed under subparagraph (A) relates to the planned number
of military personnel in such locations.
Sec. 9014. From funds made available in this title to the
Department of Defense for operation and maintenance, up to
$129,100,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support the
United States Government transition activities in Iraq by
undertaking facilities renovation and construction associated
with establishing Office of Security Cooperation locations,
at no more than four sites, in Iraq: Provided, That not less
than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary shall
submit to the congressional defense committees a written
notice containing a detailed justification and timeline for
each proposed site and the source of funds.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.

DIVISION B--FULL-YEAR CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2011

The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2011, and for other purposes, namely:

TITLE I

GENERAL PROVISIONS

Sec. 1101. (a) Such amounts as may be necessary, at the
level specified in subsection (c) and under the authority and
conditions provided in applicable appropriations Acts for
fiscal year 2010, for projects or activities (including the
costs of direct loans and loan guarantees) that are not
otherwise specifically provided for, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80).
(2) The Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85).
(3) The Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83) and section 601 of the Supplemental
Appropriations Act, 2010 (Public Law 111-212).
(4) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2010 (division A of
Public Law 111-88).
(5) The Legislative Branch Appropriations Act, 2010
(division A of Public Law 111-68).
(6) The Consolidated Appropriations Act, 2010 (Public Law
111-117).
(7) Section 102(c) (except the last proviso relating to
waiver of fees) of chapter 1 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) that addresses
guaranteed loans in the rural housing insurance fund.

[[Page S1284]]

(b) For purposes of this division, the term ``level'' means
an amount.
(c) The level referred to in subsection (a) shall be the
amounts appropriated in the appropriations Acts referred to
in such subsection, including transfers and obligation
limitations, except that--
(1) such level shall not include any amount previously
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010; and
(2) such level shall be calculated without regard to any
rescission or cancellation of funds or contract authority.
Sec. 1102. Appropriations made by section 1101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 1103. Appropriations provided by this division that,
in the applicable appropriations Act for fiscal year 2010,
carried a multiple-year or no-year period of availability
shall retain a comparable period of availability.
Sec. 1104. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions,
limitations, and other provisions of the appropriations Acts
referred to in section 1101(a) shall continue in effect
through the date specified in section 1106.
Sec. 1105. No appropriation or funds made available or
authority granted pursuant to section 1101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were specifically
prohibited during fiscal year 2010.
Sec. 1106. Unless otherwise provided for in this division
or in the applicable appropriations Act, appropriations and
funds made available and authority granted pursuant to this
division shall be available through September 30, 2011.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Act, 2011 (Public Law 111-242), shall be
charged to the applicable appropriation, fund, or
authorization provided by this division.
Sec. 1108. Funds appropriated by this division may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 1109. (a) With respect to any discretionary account
for which advance appropriations were provided for fiscal
year 2011 or 2012 in an appropriations Act for fiscal year
2010, in addition to amounts otherwise made available by this
Act, advance appropriations are provided in the same amount
for fiscal year 2012 or 2013, respectively, with a comparable
period of availability.
(b) In addition to amounts provided by subsection (a), an
additional amount is provided for the following accounts in
the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$2,513,985,000, which shall become available on October 1,
2011, and shall remain available until September 30, 2012.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $228,000,000, which shall become available on
October 1, 2011, and shall remain available until September
30, 2012.
(c) Notwithstanding subsection (a), amounts are provided
for ``Department of Veterans Affairs, Medical Facilities'' in
the amount of $5,426,000,000, which shall become available on
October 1, 2011, and shall remain available until September
30, 2012.
Sec. 1110. Amounts incorporated by reference in this
division that were previously designated as available for
overseas deployments and other activities pursuant to S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010, are designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress).
Sec. 1111. (a) For entitlements and other mandatory
payments whose budget authority was provided in
appropriations Acts for fiscal year 2010, and for activities
under the Food and Nutrition Act of 2008, the levels
established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the
authority and conditions provided in the applicable
appropriations Acts for fiscal year 2010.
(b) In addition to the amounts otherwise provided by
section 1101, the following amounts shall be available for
the following accounts for advance payments for the first
quarter of fiscal year 2012:
(1) ``Department of Labor, Employment Standards
Administration, Special Benefits for Disabled Coal Miners'',
for benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977, $41,000,000, to remain
available until expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act, $86,445,289,000, to remain available until
expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$1,200,000,000, to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Foster Care and Permanency'', for payments to States or
other non-Federal entities under title IV-E of the Social
Security Act, $1,850,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $13,400,000,000, to remain available
until expended.
Sec. 1112. Any language specifying an earmark in an
appropriations Act for fiscal year 2010, or in a committee
report or joint explanatory statement accompanying such an
Act, shall have no legal effect with respect to funds
appropriated by this division. For purposes of this section,
the term ``earmark'' means a congressional earmark or
congressionally directed spending item, as defined in clause
9(e) of rule XXI of the Rules of the House of Representatives
and paragraph 5(a) of rule XLIV of the Standing Rules of the
Senate.
Sec. 1113. (a) Up to $2,650,000,000 of amounts made
available by this division, shall be available for transfer
by the head of the agency to the extent necessary to avoid
furloughs or reductions in force, or to provide funding
necessary for programs and activities required by law:
Provided, That such transfers may not result in the
termination of programs, projects or activities: Provided
further, That such transfers shall be subject to the approval
of the House and Senate Appropriations Committees.
(b) The authorities provided by subsection (a) of this
section shall be in addition to any other transfer authority
provided elsewhere in this statute.
Sec. 1114. Section 1(b)(2) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting
the date specified in section 1106 of this division for
``September 30, 2010''.
Sec. 1115. (a) Section 1115(d) of Public Law 111-32 shall
be applied by substituting the date specified in section 1106
of this division for ``October 1, 2010''.
(b) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting the date
specified in section 1106 of this division for ``October 1,
2010'' in paragraph (2).
(c) Section 61(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733(a)) shall be applied by
substituting the date specified in section 1106 of this
division for ``October 1, 2010'' in paragraph (2).
(d) Section 625(j)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2385(j)(1)) shall be applied by substituting the
date specified in section 1106 of this division for ``October
1, 2010'' in subparagraph (B).
Sec. 1116. The authority provided by section 1334 of the
Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6553) shall remain in effect through the date
specified in section 1106 of this division.

TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES

Sec. 1201. Notwithstanding section 1101, the level for
``Agricultural Programs, Agriculture Buildings and Facilities
and Rental Payments'' shall be $261,608,000, of which
$178,470,000 shall be available for payments to the General
Services Administration for rent; of which $13,800,000 shall
be for payment to the Department of Homeland Security for
building security activities; and of which $69,338,000 shall
be for buildings operations and maintenance expenses.
Sec. 1202. Notwithstanding section 1101, the level for
``Agricultural Programs, Departmental Administration'' shall
be $29,706,000.
Sec. 1203. Notwithstanding section 1101, the level for
``Agricultural Programs, National Agricultural Statistics
Service'' shall be $156,761,000: Provided, That the amounts
included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by
substituting ``$33,139,000'' for ``$37,908,000''.
Sec. 1204. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service,
Salaries and Expenses'' shall be $1,158,215,000.
Sec. 1205. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service,
Buildings and Facilities'' shall be $0.
Sec. 1206. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'' shall be
$730,000,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division as follows: by substituting
``$253,943,000'' for ``$215,000,000''; by substituting
``$32,000,000'' for ``$29,000,000''; by substituting
``$51,000,000'' for ``$48,500,000''; by substituting
``$280,000,000'' for ``$262,482,000''; by substituting
``$2,844,000'' for ``$89,029,000''; by substituting
``$19,100,000'' for ``$18,250,000''; and by substituting
``$11,253,000'' for ``$45,122,000''.
Sec. 1207. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'' shall be $487,801,000:
Provided, That the amounts included under such

[[Page S1285]]

heading in Public Law 111-80 shall be applied to funds
appropriated by this division as follows: by substituting
``$302,209,000'' for ``$297,500,000'' and by substituting
``$8,565,000'' for ``$20,396,000''.
Sec. 1208. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and
Agriculture, Integrated Activities'' shall be $50,173,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division as follows: by substituting ``$0'' for
``$4,096,000''; by substituting ``$0'' for ``$4,388,000'';
and by substituting ``$0'' for ``$1,365,000''.
Sec. 1209. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection
Service, Salaries and Expenses'' shall be $885,000,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division by substituting ``$45,219,000'' for
``$60,243,000''.
Sec. 1210. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection
Service, Buildings and Facilities'' shall be $4,536,000.
Sec. 1211. The amounts included under the heading
``Agricultural Programs, Agricultural Marketing Service,
Funds for Strengthening Markets, Income, and Supply (Section
32)'' in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$0'' for
``$10,000,000''.
Sec. 1212. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and
Stockyards Administration, Salaries and Expenses'' shall be
$42,353,000.
Sec. 1213. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and
Stockyards Administration, Limitation on Inspection and
Weighing Services Expenses'', $50,000,000.
Sec. 1214. Notwithstanding section 1101, the level for
``Agricultural Programs, Food Safety and Inspection Service''
shall be $1,011,393,000.
Sec. 1215. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Salaries and
Expenses'' shall be $1,230,000,000.
Sec. 1216. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, State Mediation
Grants'' shall be $4,185,000.
Sec. 1217. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Grassroots
Source Water Protection Program'' shall be $4,250,000.
Sec. 1218. The amounts included under the heading
``Agricultural Programs, Farm Service Agency, Agricultural
Credit Insurance Fund Program Account'' in Public Law 111-80
shall be applied to funds appropriated by this division as
follows: by substituting ``$1,975,000,000'' for
``$2,150,000,000''; by substituting ``$475,000,000'' for
``$650,000,000''; by substituting ``$2,594,035,000'' for
``$2,670,000,000''; by substituting ``$950,000,000'' for
``$1,000,000,000''; by substituting ``$144,035,000'' for
``$170,000,000''; by substituting ``$0'' for
``$150,000,000''; by substituting ``$0'' for ``$75,000,000''
the first and second place it appears; by substituting
``$38,570,000'' for ``$32,070,000''; by substituting
``$32,870,000'' for ``$26,520,000''; by substituting
``$5,700,000'' for ``$5,550,000''; by substituting
``$112,410,000'' for ``$106,402,000''; by substituting
``$34,950,000'' for ``$35,100,000''; by substituting
``$19,920,000'' for ``$23,902,000''; by substituting
``$57,540,000'' for ``$47,400,000''; by substituting ``$0''
for ``$1,343,000''; by substituting ``$0'' for
``$1,065,000''; by substituting ``$0'' for ``$278,000''; and
by substituting ``$214,000'' for ``$793,000''. Funds
appropriated by this division to such heading for farm
ownership and operating direct and guaranteed loans may be
transferred among these programs: Provided, That the
Secretary of Agriculture shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.
Sec. 1219. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations'' shall be $850,247,000.
Sec. 1220. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Watershed and Flood Prevention Operations'' shall be
$0.
Sec. 1221. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Watershed Rehabilitation Program'' shall be $0.
Sec. 1222. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Resource Conservation and Development'' shall be
$25,000,000.
Sec. 1223. The amounts included under the heading ``Rural
Development Programs, Rural Housing Service, Rural Housing
Insurance Fund Program Account'' in Public Law 111-80 for
gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act
of 1949 shall be applied to funds appropriated by this
division by substituting ``$25,121,488,000'' for
``$13,121,488,000''; by substituting ``$24,000,000,000'' for
``$12,000,000,000''; by substituting ``$23,360,000'' for
``$34,412,000''; by substituting ``$15,325,000'' for
``$129,090,000''; and by substituting ``$5,052,000'' for
$5,045,000''.
Sec. 1224. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for the cost of
direct and guaranteed loans, including the cost of modifying
loans, authorized by section 502 of the Housing Act of 1949
shall be $70,205,000: Provided, That the amounts included for
such costs under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by
substituting ``$70,205,000'' for ``$40,710,000'' in the case
of direct loans and by substituting ``$0'' for
``$172,800,000'' in the case of unsubsidized guaranteed
loans.
Sec. 1225. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account,'' for the cost of
repair, rehabilitation, and new construction of section 515
rental housing shall be $23,446,000.
Sec. 1226. In addition to amounts otherwise appropriated
or made available by this division, there is appropriated to
the Secretary of Agriculture $288,000 for section 523 self-
help housing land development loans authorized by section 523
of the Housing Act of 1949 and $294,000 for site development
loans authorized by section 524 of such Act.
Sec. 1227. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for administrative
expenses necessary to carry out the direct and guaranteed
loan programs shall be $458,313,000.
Sec. 1228. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rental
Assistance Program'' shall be $964,665,000: Provided, That
the amounts included under such heading in Public Law 111-80
shall be applied to funds appropriated by this division by
substituting ``$3,000,000'' for ``$3,400,000''.
Sec. 1229. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Multi-
Family Housing Revitalization Program Account'' shall be
$40,791,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$14,000,000''
for ``$16,400,000''.
Sec. 1230. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Mutual
And Self-Help Housing Grants'' shall be $37,000,000.
Sec. 1231. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Assistance Grants'' shall be $40,400,000: Provided,
That the amounts included under such heading in Public Law
111-80 shall be applied to funds appropriated by this
division by substituting ``$0'' for ``$4,000,000''.
Sec. 1232. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Community Facilities Program Account'' shall be $48,091,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division by substituting ``$7,000,000'' for
``$13,902,000''.
Sec. 1233. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Business Program Account'' shall be
$89,178,000.
Sec. 1234. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Development Loan Fund Program Account'' for
the principal amount of direct loans as authorized by the
Rural Development Loan Fund shall be $21,939,000.
Sec. 1235. Notwithstanding section 1101, of the funds
derived from interest on the cushion of credit payments, as
authorized by section 313 of the Rural Electrification Act of
1936, $44,463,000 shall not be obligated and $44,463,000 are
rescinded.
Sec. 1236. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Cooperative Development Grants'' shall be
$34,554,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$0'' for
``$300,000'' and ``$2,800,000'' shall have no legal effect.
Sec. 1237. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Microenterprise Investment Program Account''
shall be $0.
Sec. 1238. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Energy for America Program'' shall be
$25,010,000.
Sec. 1239. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service, Rural
Water and Waste Disposal Program Account'' shall be
$566,230,000: Provided, That the amounts under such heading
in Public Law 111-80 shall be applied by substituting
``$15,000,000'' for ``$17,500,000.''
Sec. 1240. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service, Rural
Electrification and Telecommunications Loans Program
Account'' for the cost of guaranteed underwriting loans
pursuant to section 313A shall be $700,000.
Sec. 1241. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service, Rural
Electrification and Telecommunications Loans Program
Account'' for administrative expenses necessary to carry out
the direct and guaranteed loan programs shall be $38,374,000.
Sec. 1242. Notwithstanding section 1101, the level for
``Rural Development Programs,

[[Page S1286]]

Rural Utilities Service, Distance Learning, Telemedicine, and
Broadband Program'' for the cost of grants for telemedicine
and distance learning services in rural areas, as authorized
by 7 U.S.C. 950aaa et seq. shall be $35,000,000.
Sec. 1243. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service,
Distance Learning, Telemedicine, and Broadband Program'' for
the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act shall be $22,320,000.
Sec. 1244. The amounts included under the heading
``Domestic Food Programs, Food and Nutrition Service, Child
Nutrition Programs'' in Public Law 111-80 shall be applied to
funds appropriated by this division by substituting ``$0''
for ``$1,000,000'' and by substituting ``$4,000,000'' for
``$5,000,000'', and shall be applied to funds made available
under section 32 by substituting ``$5,277,574,000'' for
``$6,747,877,000'' and substituting ``$0'' for
``$242,022,000''.
Sec. 1245. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service, Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC)'' shall be $6,852,522,000: Provided, That the
amounts included under such heading in Public Law 111-80
shall be applied to funds appropriated by this division by
substituting ``$35,000,000'' for ``$60,000,000''.
Sec. 1246. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service,
Commodity Assistance Program'', shall be $251,619,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division by substituting ``$0'' for ``$6,000,000''.
Sec. 1247. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service,
Nutrition Programs Administration'' shall be $150,801,000.
Sec. 1248. Notwithstanding section 1101, the level for
``Foreign Assistance and Related Programs, Foreign
Agricultural Service, Salaries and Expenses'' shall be
$194,367,000.
Sec. 1249. Notwithstanding section 1101, the level for
``Related Agencies and Food and Drug Administration, Food and
Drug Administration, Salaries and Expenses'' shall be
$3,707,611,000: Provided, That of the amount provided under
this heading, $667,057,000 shall be derived from prescription
drug user fees authorized by 21 U.S.C. 379h, shall be
credited to this account and remain available until expended,
and shall not include any fees pursuant to 21 U.S.C.
379h(a)(2) and (a)(3) assessed for fiscal year 2012 but
collected in fiscal year 2011; $61,860,000 shall be derived
from medical device user fees authorized by 21 U.S.C. 379j,
and shall be credited to this account and remain available
until expended; $19,448,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended;
$5,397,000 shall be derived from animal generic drug user
fees authorized by 21 U.S.C. 379f, and shall be credited to
this account and shall remain available until expended; and
$450,000,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s and shall be credited to this
account and remain available until expended: Provided
further, That in addition and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees that exceed the fiscal year 2011
limitation are appropriated and shall be credited to this
account and remain available until expended: Provided
further, That fees derived from prescription drug, medical
device, animal drug, animal generic drug, and tobacco product
assessments for fiscal year 2011 received during fiscal year
2011, including any such fees assessed prior to fiscal year
2011 but credited for fiscal year 2011, shall be subject to
the fiscal year 2011 limitations: Provided further, That none
of these funds shall be used to develop, establish, or
operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount appropriated
under this heading: (1) $856,383,000 shall be for the Center
for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$963,311,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $328,234,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$162,946,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $362,491,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $60,975,000 shall be
for the National Center for Toxicological Research; (7)
$421,463,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $141,724,000 shall be for Rent and
Related activities, of which $41,951,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$185,983,000 shall be for payments to the General Services
Administration for rent; and (10) $224,101,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs; the Office of Foods; the Office of the Chief
Scientist; the Office of Policy, Planning and Budget; the
Office of International Programs; the Office of
Administration; and central services for these offices:
Provided further, That none of the funds made available under
this heading shall be used to transfer funds under section
770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd): Provided further, That not to exceed $25,000 of the
amount provided under this heading shall be for official
reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further,
That funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That notwithstanding any other provision of this division,
the following set-aside requirements included in Public Law
111-80 under ``Food and Drug Administration, Salaries and
Expenses'' shall not apply: ``$5,509,000 shall be for the
purposes, and in the amounts, specified in the eighth
paragraph under `Food and Drug Administration, Salaries and
Expenses' in the statement of managers to accompany this
Act''.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, and priority review user fees authorized by 21 U.S.C.
360n may be credited to this account, to remain available
until expended.
In addition, food and feed recall user fees, food
reinspection user fees, and voluntary qualified importer
program user fees authorized by section 743 of the Federal
Food, Drug, and Cosmetic Act, as added by the FDA Food Safety
Modernization Act, may be credited to this account in an
amount not to exceed the amount determined under subsection
(b) of such section 743, to remain available until expended.
Sec. 1250. Notwithstanding section 1101, the level for
``Food and Drug Administration, Buildings and Facilities''
shall be $10,000,000.
Sec. 1251. Notwithstanding section 1101, the level for
``Related Agencies and Food and Drug Administration,
Independent Agencies, Farm Credit Administration, Limitation
on Administrative Expenses'' shall be $59,400,000.
Sec. 1252. Notwithstanding any other provision of this
division, the following set-asides included in Public Law
111-80 for ``Congressionally Designated Projects'' in the
following accounts for the corresponding amounts shall not
apply to funds appropriated by this division:
(1) ``Agricultural Programs, Agricultural Research Service,
Salaries and Expenses'', $44,138,000.
(2) ``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'',
$120,054,000.
(3) ``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'', $11,831,000.
(4) ``Agricultural Programs, Animal and Plant Health
Inspection Service, Salaries and Expenses'', $24,410,000.
(5) ``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations'', $37,382,000.
Sec. 1253. Notwithstanding any other provision of this
division, the following provisions included in Public Law
111-80 shall not apply to funds appropriated by this
division:
(1) The first proviso under the heading ``Agricultural
Programs, Agriculture Buildings and Facilities and Rental
Payments''.
(2) The second proviso under the heading ``Departmental
Administration''.
(3) The second proviso under the heading ``Conservation
Programs, Natural Resources Conservation Service,
Conservation Operations''.
(4) The second proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural Water
and Waste Disposal Account''.
(5) The first proviso under the heading ``Domestic Food
Programs, Food and Nutrition Service, Commodity Assistance
Program''.
(6) The first proviso under the heading ``Foreign
Assistance and Related Programs, Foreign Agricultural
Service, McGovern-Dole International Food for Education and
Child Nutrition Program Grants''.
Sec. 1254. Sections 718, 723, 728, and 738 of Public Law
111-80 shall be applied to funds appropriated by this
division by substituting $0 for the dollar amounts included
in those sections.
Sec. 1255. Section 741 of Public Law 111-80 shall be
applied to funds appropriated by this division by
substituting ``$2,000,000'' for ``$2,600,000'' and by
substituting ``$0'' for ``$3,000,000''.
Sec. 1256. Sections 716, 721(2), 721(3), 724, 725, 729,
735, 743, and 748 of Public Law 111-80 shall not apply for
fiscal year 2011.
Sec. 1257. Notwithstanding section 1101, section 727 of
Public Law 111-80 shall have no legal effect.
Sec. 1258. Sections 730, 734, 737, 740, 745, 747, and 749
of Public Law 111-80 authorized or required certain actions
that have been performed before the date of the enactment of
this division and need not reoccur.
Sec. 1259. Appropriations to the Department of Agriculture
made available in fiscal year 2005 to carry out section 601
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for
the cost of direct loans shall remain available until
expended to disburse valid obligations made in fiscal years
2005 and 2006.
Sec. 1260. In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, or programs for which

[[Page S1287]]

indefinite amounts were provided in that Act that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation: (1) such funds shall be
available for salaries and related administrative expenses,
including technical assistance, associated with the
implementation of the program, without regard to the
limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and (2) the use of
such funds for such purpose shall not be considered to be a
fund transfer or allotment for purposes of applying the
limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 1261. With respect to any loan or loan guarantee
program administered by the Secretary of Agriculture that has
a negative credit subsidy score for fiscal year 2011, the
program level for the loan or loan guarantee program, for the
purposes of the Federal Credit Reform Act of 1990, shall be
the program level established pursuant to such Act for fiscal
year 2010.
Sec. 1262. Section 721(1) of Public Law 111-80 (123 Stat.
2122) is amended by striking ``$1,180,000,000'' and inserting
``$1,290,000,000''.
Sec. 1263. Section 742 of Public Law 111-80 (123 Stat.
2128) is amended by striking ``$11,000,000'' and inserting
``$15,000,000''.
Sec. 1264. The following provisions of Public Law 111-80
shall be applied to funds appropriated by this division by
substituting ``2010'', ``2011'', and ``2012'' for ``2009'',
``2010'', and ``2011'', respectively, in each instance that
such terms appear:
(1) The second paragraph under the heading ``Agricultural
Programs, Animal and Plant Health Inspection Service,
Salaries and Expenses''.
(2) The second proviso under the heading ``Agricultural
Programs, Food Safety and Inspection Service''.
(3) The first proviso in the second paragraph under the
heading ``Rural Development Programs, Rural Housing Service,
Rural Housing Insurance Fund Program Account''.
(4) The fifth proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rental Assistance Program''.
(5) The proviso under the heading ``Rural Development
Programs, Rural Housing Service, Mutual and Self-Help Housing
Grants''.
(6) The first proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rural Housing Assistance
Grants''.
(7) The seventh proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rural Community
Facilities Program Account''.
(8) The third proviso under the heading ``Rural Development
Programs, Rural Business--Cooperative Service, Rural Business
Program Account''.
(9) The four availability of funds clauses under the
heading ``Rural Development Programs, Rural Business--
Cooperative Service, Rural Development Loan Fund Program
Account''.
(10) The fifth proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural Water
and Waste Disposal Program Account''.
(11) The paragraph under the heading ``Food Nutrition
Service, Child Nutrition Programs''.
(12) The third proviso under the heading ``Food and
Nutrition Service, Commodity Assistance Program''.
(13) Sections 713, 717, and 732.
Sec. 1265. None of the funds appropriated or otherwise
made available by this Act or any other Act shall be used to
pay the salaries and expenses of personnel to carry out the
program authorized by section 14 of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1012).
Sec. 1266. None of the funds appropriated or otherwise
made available by this Act or any other Act shall be used to
pay the salaries and expenses of personnel to carry out a
program under subsection (b)(2)(A)(iii) of section 14222 of
Public Law 110-246 in excess of $1,098,000,000: Provided,
That none of the funds made available in this Act or any
other Act shall be used for salaries and expenses to carry
out section 19(i)(1)(D) of the Richard B. Russell National
School Lunch Act as amended by section 4304 of Public Law
110-246 in excess of $33,000,000, including the transfer of
funds under subsection (c) of section 14222 of Public Law
110-246, until October 1, 2011: Provided further, That
$117,000,000 made available on October 1, 2011, to carry out
section 19(i)(1)(D) of the Richard B. Russell National School
Lunch Act as amended by section 4304 of Public Law 110-246
shall be excluded from the limitation described in subsection
(b)(2)(A)(iv) of section 14222 of Public Law 110-246.
Sec. 1267. None of the funds appropriated or otherwise
made available by this Act or any other Act shall be used to
pay the salaries and expenses of personnel to carry out the
Wetlands Reserve Program authorized by sections 1237-1237F of
the Food Security Act of 1985 (16 U.S.C. 3837-3837f) to
enroll in excess of 236,000 acres in fiscal year 2011.
Sec. 1268. The unobligated balances available for the
wildlife habitat incentives program under section 1240N of
the Food Security Act of 1985 (16 U.S.C. 3839bb-1), as
identified by Treasury Appropriation Fund Symbol 12X3322, are
rescinded; for the program under the Water Bank Act (16
U.S.C. 1301 et seq.), as identified by Treasury Appropriation
Fund Symbol 12X3320; and for the wetlands reserve program
under section 1237 of the Food Security Act of 1985 (16
U.S.C. 3837), as identified by Treasury Appropriation Fund
Symbol 12X1080, are rescinded.
Sec. 1269. The unobligated balances available for the
Outreach for Socially Disadvantaged Farmers account, as
identified by Treasury Appropriation Fund Symbol 12X0601, are
rescinded; for the Rural Community Advancement Program, as
identified by Treasury Appropriation Fund Symbol 12X0400, are
rescinded; for the Payments to States program, as identified
by Treasury Appropriation Fund symbol 12X2501, are rescinded;
for the Common Computing Environment account, as identified
by Treasury Appropriation Fund Symbol 12X0113, $3,613,000 are
rescinded; for the Office of the Secretary, as identified by
Treasury Appropriation Fund Symbol 12X0115, are rescinded;
for the Agricultural Credit Insurance Fund, as identified by
Treasury Appropriation Fund Symbol 12X1140, $6,935,000 are
rescinded; for the Resource Conservation and Development
program, as identified by Treasury Appropriation Fund Symbol
12X1010, $3,125,000 are rescinded; for the Animal and Plant
Health Inspection Service--Buildings and Facilities account,
as identified by Treasury Appropriation Fund Symbol 12X1601,
$6,370,000 are rescinded. In addition, from prior year
unobligated balances of Animal and Plant Health Inspection
Service--Salaries and Expenses account, the following amounts
are rescinded: Sudden Oak Death, $295,000; Sirex Woodwasp,
$408,000; Avian Influenza, $8,000,000; Information Technology
Infrastructure, $86,000; Screwworm, $1,000,000; HUB
Relocation, $98,000; H1N1, $5,000,000; and Contingency Funds,
$1,000,000.
Sec. 1270. The unobligated balances available for the
Agricultural Research Service--Salaries and Expenses account,
as identified by Treasury Appropriation Fund Symbol 12X1400,
as provided through Public Law 109-234 and Public Law 111-32,
$4,771,000 are hereby rescinded.
Sec. 1271. Of the unobligated balances available in the
Agricultural Research Service, Buildings and Facilities
account, $3,414,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That no amounts may be rescinded from
amounts greater than $5,000,000 or that have received an
appropriation since 2007 unless construction of those
facilities has been completed.
Sec. 1272. Of the unobligated balances available for
Cooperative State Research, Education, and Extension Service,
Buildings and Facilities, $1,037,000 are rescinded.
Sec. 1273. Of the unobligated balances available for the
cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act of 1936, $39,000,000 are rescinded.

TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

Sec. 1301. Notwithstanding section 1101, the level for
``Department of Commerce, International Trade Administration,
Operations and Administration'' shall be $450,989,000.
Sec. 1302. Notwithstanding section 1101, the level for
``Department of Commerce, Minority Business Development
Agency, Minority Business Development'' shall be $30,400,000.
Sec. 1303. Notwithstanding section 1101, the level for
``Department of Commerce, National Telecommunications and
Information Administration, Salaries and Expenses'' shall be
$40,649,000.
Sec. 1304. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Scientific and Technical Research and Services''
shall be $504,500,000.
Sec. 1305. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Industrial Technology Services'' shall be
$169,600,000.
Sec. 1306. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Justice
Information Sharing Technology'' shall be $60,285,000.
Sec. 1307. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Tactical Law
Enforcement Wireless Communications'' shall be $110,000,000.
Sec. 1308. Notwithstanding section 1101, the level for
``Department of Justice, Fees and Expenses of Witnesses''
shall be $270,000,000.
Sec. 1309. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, National
Drug Intelligence Center'' shall be $34,023,000.
Sec. 1310. Notwithstanding section 1101, the level for
``Department of Justice, United States Marshals Service,
Construction'' shall be $16,625,000.
Sec. 1311. Notwithstanding section 1101, the level for
``Department of Justice, Federal Bureau of Investigation,
Construction'' shall be $107,310,000.
Sec. 1312. Notwithstanding section 1101, the level for
``Department of Justice, Federal Prison System, Salaries and
Expenses'' shall be $6,288,231,000.
Sec. 1313. Notwithstanding section 1101, the level for
``Department of Justice, State and Local Law Enforcement
Activities, Salaries and Expenses'' shall be $187,000,000.
Sec. 1314. Notwithstanding section 1101, the level for
``Office of Science and Technology Policy'' shall be
$6,660,000.

[[Page S1288]]

Sec. 1315. Notwithstanding section 1101, the level for
``Department of Commerce, Bureau of the Census, Periodic
Censuses and Programs'' shall be $942,315,000.
Sec. 1316. Notwithstanding section 1101, the level for
each of the following accounts shall be $0: ``Department of
Justice, Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Construction''; and ``Department of Justice,
Office of Justice Programs, Weed and Seed Program Fund''.
Sec. 1317. Notwithstanding any other provision of this
division, the following set-asides included in division B of
Public Law 111-117 for projects specified in the explanatory
statement accompanying that Act in the following accounts for
the corresponding amounts shall not apply to funds
appropriated by this division: (1) ``Department of Commerce,
International Trade Administration, Operations and
Administration'', $5,215,000; (2) ``Department of Commerce,
Minority Business Development Agency, Minority Business
Development'', $1,100,000; and (3) ``Department of Commerce,
National Institute of Standards and Technology, Scientific
and Technical Research and Services'', $10,500,000 (4)
``Department of Commerce, National Institute of Standards and
Technology, Construction of Research Facilities'',
$47,000,000; (5) ``Department of Commerce, National Oceanic
and Atmospheric Administration, Operations, Research and
Facilities'', $99,295,000; (6) ``Department of Commerce,
National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'', $18,000,000; (7) ``Department
of Justice, Office of Justice Programs, State and Local Law
Enforcement Assistance'', $185,268,000; (8) ``Department of
Justice, Office of Justice Programs, Juvenile Justice
Programs'', $91,095,000''; (9) ``Department of Justice,
Community Oriented Policing Services'', $25,385,000; (10)
``Department of Justice, Community Oriented Policing
Services'', $168,723,000; and (11) ``National Aeronautics and
Space Administration, Cross Agency Support'', $63,000,000.
Sec. 1318. 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, to
the House and Senate Committees on Appropriations within 60
days of enactment of this division.
Sec. 1319. Notwithstanding any other provision of this
division, the set-aside included in division B of Public Law
111-117 under the heading ``Department of Commerce, United
States Patent and Trademark Office, Salaries and Expenses''
in the last proviso shall not apply to funds appropriated by
this division.
Sec. 1320. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Construction of Research Facilities'' shall be
$80,000,000 and the set-asides under this heading in division
B of Public Law 111-117 shall not apply to funds appropriated
by this division.
Sec. 1321. Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'' shall
be $3,190,883,000.
Sec. 1322. Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction''
shall be $1,335,353,000.
Sec. 1323. Notwithstanding section 1101, the level for
``Department of Commerce, Departmental Management, Herbert C.
Hoover Building Renovation and Modernization'' shall be
$10,000,000.
Sec. 1324. Notwithstanding section 1101, the level for
``Department of Commerce, United States Patent and Trademark
Office, Salaries and Expenses'' shall be $2,205,000,000, to
remain available until expended: Provided, That the sum
herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2011, so as to result in a fiscal year 2011
appropriation from the general fund estimated at $0:
Provided further, That during fiscal year 2011, should the
total amount of offsetting fee collections, and the surcharge
provided herein, be less than $2,205,000,000, this amount
shall be reduced accordingly: Provided further, That any
amount received in excess of $2,205,000,000 in fiscal year
2011, in an amount up to $200,000,000, shall remain available
until expended: Provided further, That there shall be a
surcharge of 15 percent, rounded by standard arithmetic
rules, on fees charged or authorized by subsections (a), (b),
and (d)(1) of section 41 of title 35, United States Code, as
administered under Public Law 108-447 and this Act, and on
fees charged or authorized by section 132(b), of title 35,
United States Code: Provided further, That the surcharge
established under the previous proviso shall be separate
from, and in addition to, any other surcharge that may be
required pursuant to any provision of title 35, United States
Code: Provided further, That the surcharge established in
the previous two provisions shall take effect on the date
that is 10 days after the date of enactment of this Act, and
shall remain in effect during fiscal year 2011: Provided
further, That the receipts collected as a result of these
surcharges shall be available, within the amounts provided
herein, to the United States Patent and Trademark Office
without fiscal year limitation, for all authorized activities
and operations of the Office.
Sec. 1325. (a) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State
and Local Law Enforcement Assistance'' shall be
$1,249,500,000.
(b) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, Juvenile
Justice Programs'' shall be $312,500,000.
(c) Notwithstanding section 1101, the level for
``Department of Justice, Community Oriented Policing
Services'' shall be $557,500,000.
(d) All set asides within the accounts described in
paragraphs (a), (b) and (c) of this section shall be reduced
proportionally.
Sec. 1326. Notwithstanding section 1101, the level for
``National Science Foundation, Research and Related
Activities'' shall be $5,542,920,000.
Sec. 1327. (a) Notwithstanding section 1105, the provisos
under the heading ``National Aeronautics and Space
Administration, Exploration'' in division B of Public Law
111-117, as amended, shall not apply to funds appropriated by
this division.
(b) Of the amounts appropriated by this division for
``National Aeronautics and Space Administration,
Exploration'', not less than $1,200,000,000 shall be for the
Orion multipurpose crew vehicle, and not less than
$1,800,000,000 shall be for the heavy lift launch vehicle
system which shall have a lift capability not less than 130
tons and which shall have an upper stage and other core
elements developed simultaneously.
Sec. 1328. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Space
Operations'' shall be $5,741,800,000.
(b) The proviso specifying amounts under the heading
``National Aeronautics and Space Administration, Space
Operations'' in division B of Public Law 111-117 shall not
apply to funds appropriated by this division.
Sec. 1329. Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Science''
shall be $4,819,000,000.
Sec. 1330. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Cross Agency
Support'' shall be $3,111,400,000.
(b) The provisos specifying amounts under the heading
``National Aeronautics and Space Administration, Cross Agency
Support'' in division B of Public Law 111-117 shall not apply
to funds appropriated by this division.
Sec. 1331. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Construction
and Environmental Compliance and Remediation'' shall be
$397,300,000.
(b) The provisos under the heading ``National Aeronautics
and Space Administration, Construction and Environmental
Compliance and Remediation'' in division B of Public Law 111-
117 shall not apply to funds appropriated by this division.
Sec. 1332. Of the funds made available for ``Department of
Commerce, Bureau of the Census, Periodic Censuses and
Programs'' in division B of Public Law 111-117,
$1,740,000,000 are rescinded.
Sec. 1333. Of the unobligated balances available for
``Emergency Steel, Oil, and Gas Guaranteed Loan Program
Account'', $48,000,000 are rescinded.
Sec. 1334. Of the unobligated balances available to the
Department of Justice from prior appropriations, the
following funds are rescinded, not later than September 30,
2011, from the following accounts in the specified amounts:
(1) ``Office of Justice Programs'', $42,000,000; (2)
``Community Oriented Policing Services'', $10,200,000; (3)
``Legal Activities, Assets Forfeiture Fund'', $495,000,000;
and (4) ``Working Capital Fund'', $40,000,000.
Sec. 1335. Notwithstanding any other provision of law, in
fiscal year 2012 and thereafter payments for costs described
in subsection (a) of section 404 of Public Law 107-42, as
amended, shall be considered to be, and included in, payments
for compensation for the purposes of sections 406(b) and
(d)(1).

TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

Sec. 1401. All of the provisos under the heading ``Corps
of Engineers--Civil, Department of the Army, Construction''
in the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1402. The proviso under the heading ``Corps of
Engineers--Civil, Department of the Army, Mississippi River
and Tributaries'' in the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85)
shall not apply to funds appropriated by this division.
Sec. 1403. The fifth proviso (regarding the San Gabriel
Basin Restoration Fund), sixth proviso (regarding Power
Program Services), seventh proviso (regarding the Milk River
Project) and eighth proviso (regarding the Departmental
Irrigation Drainage program) under the heading ``Department
of the Interior, Bureau of Reclamation, Water and Related
Resources'' in the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1404. All of the provisos under the heading
``Department of Energy, Energy Programs, Energy Efficiency
and Renewable Energy'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1405. All of the provisos under the heading
``Department of Energy, Energy

[[Page S1289]]

Programs, Electricity Delivery and Energy Reliability'' in
title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1406. The proviso under the heading ``Department of
Energy, Energy Programs, Nuclear Energy'' in title III of the
Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1407. All of the provisos under the heading
``Department of Energy, Energy Programs, Fossil Energy
Research and Development'' in title III of the Energy and
Water Development and Related Agencies Appropriations Act,
2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1408. All of the provisos under the heading
``Department of Energy, Energy Programs, Science'' in title
III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1409. All of the provisos under the heading
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Weapons
Activities'' in title III of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this
division.
Sec. 1410. The proviso under the heading ``Department of
Energy, Atomic Energy Defense Activities, National Nuclear
Security Administration, Defense Nuclear Nonproliferation''
in title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1411. All of the provisos under the heading
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Office of the
Administrator'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1412. The proviso under the heading ``Department of
Energy, Atomic Energy Defense Activities, Environmental and
Other Defense Activities, Defense Environmental Cleanup'' in
title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1413. The proviso under the heading ``Department of
Energy, Atomic Energy Defense Activities, Environmental and
Other Defense Activities, Other Defense Activities'' in title
III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1414. The fifth proviso under the heading
``Department of Energy, Power Marketing Administrations,
Construction, Rehabilitation, Operation and Maintenance,
Western Area Power Administration'' in title III of the
Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1415. Funds appropriated by this division shall not
apply to sections 107, 206, 207, and 208 of the Energy and
Water Development and Related Agencies Appropriations Act,
2010 (Public Law 111-85).
Sec. 1416. Notwithstanding section 1105, no appropriation,
funds, or authority made available pursuant to section 1101
for the Department of Energy or Corps of Engineers, Civil,
shall be used to initiate or resume any program, project, or
activity or to initiate Requests for Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
Sec. 1417. Notwithstanding section 1101, the level for
``Independent Agencies, Appalachian Regional Commission''
shall be $68,000,000.
Sec. 1418. Notwithstanding section 1101, the level for
``Independent Agencies, Delta Regional Authority'' shall be
$11,700,000.
Sec. 1419. Notwithstanding section 1101, the level for
``Independent Agencies, Denali Commission'' shall be
$10,700,000.
Sec. 1420. Notwithstanding section 1101, the level for
``Defense Nuclear Facilities Safety Board'' shall be
$25,500,000.
Sec. 1421. Notwithstanding section 1101, for the ``Nuclear
Regulatory Commission'' necessary expenses in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$25,000), $1,043,483,000, to remain available until expended:
Provided, That of the amount appropriated herein, $10,000,000
shall be derived from the Nuclear Waste Fund: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$906,220,000 in fiscal year 2011 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2011 so as to result in a final
fiscal year 2011 appropriation estimated at not more than
$137,263,000: Provided further, That of the amounts
appropriated, $10,000,000 is provided to support university
research and development in areas relevant to their
respective organization's mission, and $5,000,000 is to
support a Nuclear Science and Engineering Grant Program that
will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
Sec. 1422. Of the unobligated balances available for
``Corps of Engineers--Civil, Department of the Army,
Mississippi River and Tributaries'', $22,000,000 are
rescinded, to be derived by cancelling unobligated balances
for the Yazoo Basin, Backwater Pump, Mississippi project.
Sec. 1423. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Investigations'' shall be $150,000,000.
Sec. 1424. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Construction'' shall be $1,896,818,000.
Sec. 1425. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Mississippi River and Tributaries'' shall be $289,269,000.
Sec. 1426. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Operation and Maintenance'' shall be $2,380,000,000.
Sec. 1427. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army, Formerly
Utilized Sites Remedial Action Program'' shall be
$130,000,000.
Sec. 1428. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Reclamation, Water
and Related Resources'' shall be $916,300,000.
Sec. 1429. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Reclamation, Central
Valley Project Restoration Fund'' shall be $49,915,000.
Sec. 1430. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Energy Efficiency
and Renewable Energy'' shall be $1,912,000,000.
Sec. 1431. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Electricity Delivery
and Energy Reliability'' shall be $156,000,000.
Sec. 1432. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Nuclear Energy''
shall be $661,000,000.
Sec. 1433. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Fossil Energy
Research and Development'' shall be $586,000,000.
Sec. 1434. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Naval Petroleum and
Oil Shale Reserves'' shall be $23,000,000.
Sec. 1435. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Strategic Petroleum
Reserve'' shall be $138,861,000, to remain available until
expended. Of the funds appropriated in Public Law 110-161
under this heading for new site land acquisition activities,
$14,493,000 are hereby permanently cancelled. Of the funds
appropriated in Public Law 110-329 under this heading for new
site expansion activities, beyond land acquisition,
$31,507,000 are hereby permanently cancelled. Of the funds
appropriated in Public Law 111-85 under this heading,
$25,000,000 are hereby permanently cancelled. For an
additional amount for ``Strategic Petroleum Reserve'',
$71,000,000, to remain available until expended.
Sec. 1436. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Northeast Home
Heating Oil Reserve'' shall be $11,000,000.
Sec. 1437. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Energy Information
Agency'' shall be $108,500,000.
Sec. 1438. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Non-Defense
Environmental Cleanup'' shall be $225,200,000.
Sec. 1439. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Uranium Enrichment
Decontamination and Decommissioning Fund'' shall be
$514,000,000.
Sec. 1440. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Science'' shall be
$4,733,000,000.
Sec. 1441. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Nuclear Waste
Disposal'' shall be $0.
Sec. 1442. In addition to amounts otherwise made available
by this division, $200,000,000 is appropriated for
``Department of Energy, Energy Programs, Advanced Research
Projects Agency--Energy''.
Sec. 1443. Notwithstanding section 1101, subject to
section 502 of the Congressional Budget Act of 1974, amounts
necessary to support commitments to guarantee loans under
title XVII of the Energy Policy Act of 2005, for the cost of
loan guarantees for renewable energy under section 1703 of
the Energy Policy Act of 2005, an additional $100,000,000 is
appropriated, to remain available until expended: Provided,
That these amounts are in addition to authorities provided in
any other Act: Provided further, That for amounts collected
pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, the source of such payment received from borrowers may
not be a loan or other debt obligation that is guaranteed by
the Federal Government: Provided further, That none of

[[Page S1290]]

such loan guarantee authority made available in this Act
shall be available for commitments to guarantee loans for any
projects where funds, personnel, or property (tangible or
intangible) of any Federal agency, instrumentality,
personnel, or affiliated entity are expected be used
(directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases,
procurements, sales, other transaction authority, or other
arrangements, to support the project or to obtain goods or
services from the project: Provided further, That the
previous proviso shall not be interpreted as precluding the
use of the loan guarantee authority in this Act for
commitments to guarantee loans for (1) projects as a result
of such projects benefitting from otherwise allowable Federal
income tax benefits; (2) projects as a result of such
projects benefitting from being located on Federal land
pursuant to a lease or right-of-way agreement for which all
consideration for all uses is (A) paid exclusively in cash,
(B) deposited in the Treasury as offsetting receipts, and (C)
equal to the fair market value as determined by the head of
the relevant Federal agency; (3) projects as a result of such
projects benefitting from Federal insurance programs,
including under section 170 of the Atomic Energy Act of 1954
(42 U.S.C. 2210; commonly known as the ``Price-Anderson
Act''); or (4) electric generation projects using
transmission facilities owned or operated by a Federal Power
Marketing Administration or the Tennessee Valley Authority
that have been authorized, approved, and financed independent
of the project receiving the guarantee: Provided further,
That none of the loan guarantee authority made available in
this Act shall be available for any project unless the
Director of the Office of Management and Budget has certified
in advance in writing that the loan guarantee and the project
comply with the provisions under this section: Provided
further, That an additional amount for necessary
administrative expenses to carry out this Loan Guarantee
program, $58,000,000 is appropriated, to remain available
until expended: Provided further, That $58,000,000 of the
fees collected pursuant to section 1702(h) of the Energy
Policy Act of 2005 shall be credited as offsetting
collections to this account to cover administrative expenses
and shall remain available until expended, so as to result in
a final fiscal year 2011 appropriations from the general fund
estimated at not more than $0.
Sec. 1444. Section 1702 of the Energy Policy Act of 2005
(22 U.S.C. Sec. 16512) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) the cost of the obligation has been paid in full by a
combination of an appropriation for the cost and a payment by
the borrower that has been deposited to the Treasury.''.
Sec. 1445. The authority provided for commitments to
guarantee loans under ``Department of Energy--Energy
Programs--Title 17 Innovative Technology Loan Guarantee
Program'' in title III of division C of Public Law 111-8, is
available for projects that employ: (1) new or significantly
improved technologies of renewable energy systems or
efficient end-use energy technologies under section 1703 of
the Energy Policy Act of 2005; or (2) notwithstanding section
1703(a)(2), and with regard only to projects for which an
application has been submitted to the Department of Energy,
in whole or in part, for a loan guarantee under section 1705
prior to February 24, 2011, commercial technologies of
renewable energy systems, efficient end-use energy
technologies, or leading edge biofuel projects.
Sec. 1446. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Advanced Technology
Vehicles Manufacturing Loan Program'' shall be $9,998,000.
Sec. 1447. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Departmental
Administration'' shall be $165,000,000.
Sec. 1448. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Office of the
Inspector General'' shall be $42,850,000.
Sec. 1449. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Weapons
Activities'' shall be $6,823,835,000.
Sec. 1450. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Defense Nuclear
Nonproliferation'' shall be $2,326,727,000.
Sec. 1451. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Office of the
Administrator'' shall be $399,793,000.
Sec. 1452. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense
Activities, Defense Environmental Cleanup'' shall be
$5,107,382,000, of which $33,700,000 shall be transferred to
the ``Uranium Enrichment Decontamination and Decommissioning
Fund''.
Sec. 1453. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense
Activities, Other Defense Activities'' shall be $827,991,000.
Sec. 1454. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense
Activities, Defense Nuclear Waste Disposal'' shall be $0.
Sec. 1455. Of the unobligated balances from prior year
appropriations available for ``Corps of Engineers--Civil,
Department of the Army, Construction'', $100,000,000 are
rescinded.
Sec. 1456. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Energy Efficiency and Renewable Energy'',
$11,200,000 are rescinded.
Sec. 1457. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Electricity Delivery and Energy Reliability'',
$2,400,000 are rescinded.
Sec. 1458. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Nuclear Energy'', $6,300,000 are rescinded.
Sec. 1459. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Fossil Energy Research and Development'',
$30,600,000 are rescinded.
Sec. 1460. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Naval Petroleum and Oil Shale Reserves'',
$2,100,000 are rescinded.
Sec. 1461. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Clean Coal Technology'', $18,000,000 are rescinded.
Sec. 1462. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Strategic Petroleum Reserve'', $15,300,000 are
rescinded.
Sec. 1463. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Energy Information Administration'', $400,000 are
rescinded.
Sec. 1464. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Uranium Enrichment Decontamination and
Decommissioning Fund'', $10,000,000 are rescinded.
Sec. 1465. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Science'', $7,200,000 are rescinded.
Sec. 1466. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Nuclear Waste Disposal'', $2,800,000 are rescinded.
Sec. 1467. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Departmental Administration'', $11,900,000 are
rescinded.
Sec. 1468. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security
Administration, Naval Reactors'', $1,200,000 are rescinded.
Sec. 1469. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security
Administration, Office of the Administrator'', $4,400,000 are
rescinded.
Sec. 1470. Of the unobligated balances from prior year
appropriations available for ``Department of Energy,
Environmental and Other Defense Activities, Defense
Environmental Cleanup'', $11,900,000 are rescinded.
Sec. 1471. Of the unobligated balances from prior year
appropriations available for ``Department of Energy,
Environmental and Other Defense Activities, Other Defense
Activities'', $3,400,000 are rescinded.
Sec. 1472. Of the unobligated balances from prior year
appropriations available for ``Independent Agencies, Delta
Regional Authority'', $6,000,000 are rescinded.
Sec. 1473. Of the unobligated balances from prior year
appropriations available for ``Independent Agencies, Denali
Commission'', $15,000,000 are rescinded.
Sec. 1474. Within 30 days of enactment of this division,
the Department of Energy; Corps of Engineers, Civil; and
Bureau of Reclamation shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spending, expenditure, or operating plan for fiscal year
2011 at a level of detail below the account level.

TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

Sec. 1501. Notwithstanding section 1101, the level for
each of the following accounts of the Department of the
Treasury shall be as follows: ``Departmental Offices,
Salaries and Expenses'', $320,088,000; ``Special Inspector
General for the Troubled Asset Relief Program, Salaries and
Expenses'' $36,300,000; ``Treasury Inspector General for Tax
Administration, Salaries and Expenses'' $155,452,000;
``Financial Management Service, Salaries and Expenses'',
$235,253,000; ``Alcohol and Tobacco Tax and Trade Bureau,
Salaries and Expenses'' $101,000,000; and ``Bureau of the
Public Debt, Administering the Public Debt'', $185,985,000.
Sec. 1502. Notwithstanding section 1101, under the heading
``Department of the Treasury, Departmental Offices, Salaries
and Expenses'', the requirement to transfer funds to the
National Academy of Sciences for a carbon audit of the tax
code shall not apply to funds appropriated by this Act.
Sec. 1503. Of the amount provided for ``Department of the
Treasury, Departmental Offices, Salaries and Expenses'', up
to $400,000 shall be available to support increased
international representation commitments of the

[[Page S1291]]

Secretary, and up to $1,000,000 shall be available,
notwithstanding any other provision of law, for contribution
to the Global Forum on Transparency and Exchange of
Information for Tax Purposes, a Part II Program of the
Organization for Economic Cooperation and Development, to
cover the cost assessed by that organization for Treasury's
participation therein.
Sec. 1504. Notwithstanding section 1101, under the heading
``Department of the Treasury, Department-wide Systems and
Capital Investments Programs'', the first proviso shall not
apply to funds appropriated by this Act.
Sec. 1505. Notwithstanding section 1101, under the heading
``Alcohol and Tobacco Tax and Trade Bureau'', the first
proviso shall not apply to funds appropriated by this Act.
Sec. 1506. Notwithstanding section 1101, of the
unobligated balances available under the heading ``Treasury
Forfeiture Fund'', $400,000,000 are rescinded.
Sec. 1507. The level for ``Community Development Financial
Institutions Fund Program Account'' shall be as provided in
section 1101, except that: up to $23,000,000 may be used for
administrative expenses, including administration of the New
Markets Tax Credit; the provision of a pilot project grant to
an eligible organization located in the State of Hawaii shall
not apply; the requirement to transfer funds to the Capital
Magnet Fund shall not apply, and the amounts subject to that
transfer requirement in 2010 shall be included when
calculating the level for the Community Development Financial
Institutions Fund Account under section 1101; notwithstanding
sections 4707(d) and 4707(e) of title 12, United States Code,
$25,000,000 shall be for a Healthy Food Financing Initiative
to provide grants and loans to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability
of healthy food options in distressed communities; up to
$50,000,000 shall be for initiatives designed to enable
individuals with low- or moderate-income levels to establish
bank accounts and to improve access to the provision of bank
accounts as authorized by section 1204 of Public Law 111-203;
and $25,000,000 shall be for the Bank Enterprise Award
program.
Sec. 1508. Notwithstanding section 1101, the level for
each of the following accounts of the Internal Revenue
Service shall be as follows: ``Taxpayer Services''
$2,330,215,000; ``Operations Support'', $4,118,000,000, of
which up to $65,000,000 shall remain available until expended
for acquisition of real property, equipment, construction,
and renovation of facilities; and ``Business Systems
Modernization'', $363,897,000.
Sec. 1509. Notwithstanding section 1101, the level for
``Internal Revenue Service, Enforcement'' shall be
$5,591,300,000, of which not less than $125,500,000 shall be
for enforcement related to offshore tax evasion.
Sec. 1510. Notwithstanding any other provision of the Act,
section 105 of division C of Public Law 111-117 shall not
apply to funds appropriated under this Act.
Sec. 1511. Notwithstanding section 1101, the level for
each of the following accounts shall be $0: ``Executive
Office of the President and Funds Appropriated to the
President, Partnership Fund for Program Integrity
Innovation''; ``Office of National Drug Control Policy,
Counterdrug Technology Assessment Center''; ``District of
Columbia, Federal Payment for Consolidated Laboratory
Facility''; ``District of Columbia, Federal Funds, Federal
Payment for Youth Services''; ``District of Columbia, Federal
Funds, Federal Payment to the Office of the Chief Financial
Officer for the District of Columbia''; ``Election Assistance
Commission, Election Reform Programs''.
Sec. 1512. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``Executive Office of the President and Funds Appropriated to
the President, White House Repair and Restoration''
$2,005,000; ``Executive Office of the President and Funds
Appropriated to the President, National Security Council and
Homeland Security Council'', $13,984,000; ``Office of
National Drug Control Policy, Salaries and Expenses'',
$27,138,000; ``The Judiciary, Supreme Court of the United
States, Care of the Building and Grounds'', $8,175,000'';
``The Judiciary, Fees of Jurors and Commissioners'',
$52,410,000; ``The Judiciary, Vaccine Injury Compensation
Trust Fund'', $4,785,000; ``District of Columbia, Federal
Funds, Federal Payment to the District of Columbia Courts'',
$251,180,000; ``District of Columbia, Federal Funds, Federal
Payment to the Criminal Justice Coordinating Council'',
$1,800,000; ``District of Columbia, Federal Funds, Federal
Payment for Housing for the Homeless'', $10,000,000;
``Administrative Conference of the United States'',
$2,750,000; ``Federal Deposit Insurance Corporation, Office
of the Inspector General'', $47,916,000; ``General Services
Administration, General Activities, Government-Wide Policy'',
$77,621,000; ``General Services Administration, Electronic
Government Fund'', $2,000,000; ``General Services
Administration, Allowances and Office Staff for Former
Presidents'', $3,907,000; ``Harry S Truman Scholarship
Foundation'', $1,010,000; ``Office of Personnel Management,
Salaries and Expenses'', $94,970,000; ``Office of Special
Counsel, Salaries and Expenses'', $19,000,000; ``Privacy and
Civil Liberties Oversight Board'', $1,000,000.
Sec. 1513. Any expenses incurred by the Election
Assistance Commission using amounts appropriated under the
heading ``Election Assistance Commission, Election Reform
Programs'' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (Public Law 108-199; 118
Stat. 327) for any program or activity which the Commission
is authorized to carry out under the Help America Vote Act of
2002 shall be considered to have been incurred for the
programs and activities described under such heading.
Sec. 1514. Notwithstanding section 1101, the level for
``The Judiciary, Courts of Appeals, District Courts, and
Other Judicial Services, Salaries and Expenses'' shall be
$5,078,583,000: Provided, That notwithstanding section 302 of
division C, Public Law 111-117, not to exceed $75,000,000
shall be available for transfer between accounts to maintain
fiscal year 2010 operating levels.
Sec. 1515. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``19 years'' and inserting ``20 years'';
and
(2) in the seventh sentence (relating to the District of
Hawaii), by striking ``16 years'' and inserting ``17 years''.
Sec. 1516. Notwithstanding any other provision of this
Act, except section 1106, the District of Columbia may expend
local funds for programs and activities under the heading
``District of Columbia Funds'' for such programs and
activities under title IV of S. 3677 (111th Congress), as
reported by the Committee on Appropriations of the Senate, at
the rate set forth under ``District of Columbia Funds'' as
included in the Fiscal Year 2011 Budget Request Act (D.C. Act
18-448), as modified as of the date of the enactment of this
Act.
Sec. 1517. Notwithstanding section 1101, the level for
``Commodity Futures Trading Commission'' shall be
$286,000,000, to remain available until September 30, 2012.
Sec. 1518. The proviso under the heading ``Commodity
Futures Trading Commission'' in Public Law 111-80 shall not
apply to funds appropriated by this division.
Sec. 1519. Notwithstanding section 1101, under the heading
``Consumer Product Safety Commission'', $2,000,000 shall
remain available until September 30, 2012, for the grant
program under section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110-140; 15 U.S.C. 8004) and
for such program in title V of division C of Public Law 111-
117, $2,000,000 are rescinded.
Sec. 1520. (a) Section 1403(8) of the Virginia Graeme Baker
Pool and Spa Safety Act (15 U.S.C. 8002(8)) is amended by
adding at the end the following: ``For purposes of
eligibility for the grants authorized under section 1405,
such term shall also include any political subdivision of a
State.''.
(b) Section 1405(e) of the Virginia Graeme Baker Pool and
Spa Safety Act (15 U.S.C. 8004 (e)) is amended by striking
``2010'' and inserting ``2011''.
Sec. 1521. Notwithstanding section 1101, the Federal
Communications Commission is authorized to assess and collect
pursuant to section 9 of title I of the Communications Act of
1934 offsetting collections during fiscal year 2011 of
$350,634,000, and such amounts shall be available for
obligation until expended, of which not less than $8,279,115
shall be for the salaries and expenses of the Office of
Inspector General.
Sec. 1522. Notwithstanding section 1101, the limits set
forth in section 702 of Public Law 111-117 shall not apply to
any vehicle that is a commercial item and which operates on
emerging motor vehicle technology, including but not limited
to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 1523. Notwithstanding section 1101, the aggregate
amount of new obligational authority provided under the
heading ``General Services Administration, Real Property
Activities, Federal Buildings Fund, Limitations on
Availability of Revenue'' for Federal buildings and
courthouses and other purposes of the Fund shall be
$8,200,161,000, of which $591,451,000 is provided for
``Construction and Acquisition'' and $397,938,000 is provided
for ``Repairs and Alterations'': Provided, That the
Administrator of General Services is authorized to initiate
design, construction, repair, alteration, leasing, and other
projects through existing authorities of the Administrator:
Provided further, That the General Services Administration
shall submit a detailed plan, by project, regarding the use
of funds to the Committees on Appropriations of the House of
Representatives and the Senate within 30 days of enactment of
this section and will provide notification to the Committees
within 15 days prior to any changes regarding the use of
these funds.
Sec. 1524. The matter pertaining to the amount of
$1,000,000 under the heading ``General Services
Administration, Operating Expenses'' in division C of Public
Law 111-117 (123 Stat. 3190) shall not apply to funds
appropriated by this Act.
Sec. 1525. Notwithstanding section 1101, the level for
each of the following accounts of the National Archives and
Records Administration shall be as follows: ``Operating
Expenses'', $347,689,000; ``Office of Inspector General'',
$4,250,000; ``Electronic Records Archives'', $72,000,000, of
which $52,500,000 shall remain available until September 30,
2013; ``Repairs and Restoration'', $11,848,000; and
``National Historical Publications and Records Commission,
Grants Program'', $9,000,000.
Sec. 1526. Public Law 109-115 is amended, under the
heading ``National Archives and Records Administration,
Repairs and Restoration'', by striking ``of which $1,500,000
is

[[Page S1292]]

to construct a new regional archives and records facility in
Anchorage, Alaska,''.
Sec. 1527. Division H of Public Law 108-447 is amended,
under the heading ``National Archives and Records
Administration, Repairs and Restoration'', by striking ``of
which $3,000,000 is for site preparation and construction
management to construct a new regional archives and records
facility in Anchorage, Alaska, and''.
Sec. 1528. Of the unobligated balances of prior year
appropriations available under the heading ``Privacy and
Civil Liberties Oversight Board'', $1,500,000 are rescinded.
Sec. 1529. Notwithstanding section 1101, user fees for
``Securities and Exchange Commission, Salaries and Expenses''
shall be available for obligation in the amount of
$1,300,000,000.
Sec. 1530. Notwithstanding section 1101, the level
provided under the heading ``Small Business Administration,
Surety Bond Guarantees Revolving Fund'' shall be $0; the
level provided under the heading ``Small Business
Administration, Disaster Loans Program Account'' for the cost
of guaranteed loans shall be $0; and the level provided under
section 523 shall be $0.
Sec. 1531. Notwithstanding section 1101, the level for
``United States Postal Service, Payment to the Postal Service
Fund'' shall be $29,000,000; and, notwithstanding section
1109, an additional $74,905,000 shall be available for
obligation on October 1, 2011.
Sec. 1532. Notwithstanding section 1101, the level for
``Independent Agencies, United States Tax Court, Salaries and
Expenses'' shall be $52,093,000, of which $2,852,000 shall be
for security improvements.
Sec. 1533. Section 617 of Public Law 111-117 is amended by
striking ``December 31, 2009'' and inserting ``December 31,
2010''.
Sec. 1534. Section 710 of Public Law 111-117 is amended by
striking in (c), (d), and (e) ``September 30, 2009'' and
inserting ``September 30, 2010''.
Sec. 1535. Section 805(b) of Public Law 111-117 is amended
by striking ``November 1, 2010'' and inserting ``November 1,
2011''.
Sec. 1536. Of the unobligated balances available under the
heading ``General Services Administration, Federal Buildings
Fund'', $25,000,000 are rescinded and shall be returned to
the General Fund of the Treasury.

TITLE VI--HOMELAND SECURITY

Sec. 1601. Within 30 days after the date of enactment of
this division, the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives an expenditure plan for fiscal
year 2011 that displays the level of funding by program,
project, and activity consistent with the table of detailed
funding recommendations contained at the end of the joint
explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83).
Sec. 1602. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Secretary
and Executive Management'' shall be $144,818,000.
Sec. 1603. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Under
Secretary for Management'' shall be $239,933,000.
Sec. 1604. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Federal
Coordinator for Gulf Coast Rebuilding'' shall be $0.
Sec. 1605. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'' shall be $8,208,477,000:
Provided, That for fiscal year 2011, the Border Patrol shall
achieve an active duty presence of not less than 21,370
agents protecting the border of the United States by
September 30, 2011.
Sec. 1606. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Automation Modernization'' shall be $341,575,000,
of which $153,090,000 shall be for the Automated Commercial
Environment.
Sec. 1607. (a) Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Border Security Fencing, Infrastructure, and
Technology'' shall be $574,173,000.
(b) Paragraph (11) of the first proviso and the third and
fourth provisos under the heading ``Border Security Fencing,
Infrastructure, and Technology'' of Public Law 111-83 shall
not apply to funds appropriated by this division.
Sec. 1608. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Air and Marine Interdiction, Operations,
Maintenance, and Procurement'' shall be $508,751,000.
Sec. 1609. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Construction and Facilities Management'' shall be
$279,740,000.
Sec. 1610. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Salaries and Expenses'' shall be
$5,437,643,000: Provided, That U.S. Immigration and Customs
Enforcement shall maintain a level of not fewer than 33,400
detention beds throughout fiscal year 2011.
Sec. 1611. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Automation Modernization'' shall be
$75,000,000.
Sec. 1612. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Construction'' shall be $0.
Sec. 1613. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Aviation Security'' shall be $5,251,046,000:
Provided, That the amounts included under such heading in
Public Law 111-83 shall be applied to funds appropriated by
this division as follows: by substituting ``$5,251,046,000''
for ``$5,214,040,000''; by substituting ``$4,339,293,000''
for ``$4,358,076,000''; by substituting ``$629,297,000'' for
``$1,116,406,000''; by substituting ``$911,753,000'' for
``$855,964,000''; by substituting ``$291,191,000'' for
``$778,300,000''; by substituting ``9 percent'' for ``28
percent''; and by substituting ``$3,151,046,000'' for
``$3,114,040,000''.
Sec. 1614. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Surface Transportation Security'' shall be
$105,961,000.
Sec. 1615. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Transportation Threat Assessment and
Credentialing'' shall be $162,999,000.
Sec. 1616. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Transportation Security Support'' shall be
$1,015,638,000.
Sec. 1617. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Federal Air Marshals'' shall be $934,802,000.
Sec. 1618. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Operating
Expenses'' shall be $6,928,388,000 of which $254,000,000 is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurent resolution on the budget for
fiscal year 2010: Provided, That the Coast Guard may
decommission one Medium Endurance Cutter, two High Endurance
Cutters, four HU-25 aircraft, and one Maritime Safety and
Security Team, and may make necessary staffing adjustments at
the Coast Guard Investigative Service and other support
units, as specified in the budget justification materials for
fiscal year 2011 as submitted to the Committees on
Appropriations of the Senate and House of Representatives.
Sec. 1619. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Acquisition,
Construction, and Improvements'' shall be $1,533,783,000, of
which $2,000,000 shall be derived from the Coast Guard
Housing Fund, established pursuant to 14 U.S.C. 687, and
shall remain available until expended for military family
housing; of which $54,000,000 shall be for vessels, small
boats, critical infrastructure, and related equipment; of
which $36,000,000 shall be for other equipment; of which
$69,200,000 shall be for shore and aids to navigation
facilities, including waterfront facilities at Navy
installations used by the Coast Guard; of which $106,083,000
shall be available for personnel compensation and benefits
and related costs; and of which $1,266,500,000 shall be for
the Integrated Deepwater Systems program: Provided, That of
the funds made available for the Integrated Deepwater Systems
program, $101,000,000 is for aircraft and $1,010,000,000 is
for surface ships.
Sec. 1620. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Alteration of
Bridges'' shall be $0.
Sec. 1621. Notwithstanding section 1001, the level for
``Department of Homeland Security, Coast Guard, Research,
Development, Test, and Evaluation'' shall be $28,745,000.
Sec. 1622. Notwithstanding section 1101, the level for
``Department of Homeland Security, United States Secret
Service, Salaries and Expenses'' shall be $1,526,361,000.
Sec. 1623. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Protection and
Information Security'' shall be $874,923,000.
Sec. 1624. Notwithstanding section 1101, under the heading
``Department of Homeland Security, Federal Protective
Service'', the revenues and collections of security fees
credited to this account shall be available until expended
for necessary expenses related to the protection of
federally-owned and leased buildings and for the operations
of the Federal Protective Service: Provided, That, no later
than September 30, 2011, the Federal Protective Service shall
maintain not fewer than 1,250 full-time staff and 935 full-
time Police Officers, Inspectors, Area Commanders, and
Special Agents who, while working, are directly engaged on a
daily basis protecting and enforcing laws at Federal
buildings (referred to as ``in-service field staff'').
Sec. 1625. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and
Programs Directorate, United States Visitor and Immigrant
Status Indicator Technology'' shall be $334,613,000.
Sec. 1626. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of Health Affairs''
shall be $139,734,000.

[[Page S1293]]

Sec. 1627. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Management and Administration'' shall be
$803,150,000, of which $12,000,000 shall be for capital
improvements at the Federal Emergency Management Agency Mount
Weather Emergency Operations Center, and of which $38,000,000
shall be for the Urban Search and Rescue Response System.
Sec. 1628. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, State and Local Programs'' shall be
$2,826,500,000: Provided, That of the amount provided by this
division for the State Homeland Security Grant Program under
such heading, $60,000,000 shall be for Operation Stonegarden
and $10,000,000 shall be for the Citizen Corps Program:
Provided further, That the amounts provided by this division
for the Citizen Corps Program under such heading shall not be
subject to the requirements of subtitle A of title XX of the
Homeland Security Act of 2002 (6 U.S.C. 603 et seq.):
Provided further, That of the amount provided by this
division for Public Transportation Security Assistance and
Railroad Security Assistance under such heading, no less than
$20,000,000 shall be for Amtrak security: Provided further,
That the amounts included under such heading in Public Law
111-83 shall be applied to funds appropriated by this
division as follows: in paragraph (1), by substituting
``$900,000,000'' for ``$950,000,000''; in paragraph (3), by
substituting ``$30,000,000'' for ``$35,000,000''; in
paragraph (5), by substituting ``$0'' for ``$13,000,000''; in
paragraph (8), by substituting ``$0'' for ``$12,000,000''; in
paragraph (9), by substituting ``$35,000,000'' for
``$50,000,000''; in paragraph (10), by substituting ``$0''
for ``$50,000,000''; in paragraph (12), by substituting
``$30,000,000'' for ``$60,000,000'' and ``$0'' for each
following amount in such paragraph; in paragraph (13), by
substituting ``$253,500,000'' for ``$267,200,000''; in
paragraph (13)(A), by substituting ``$159,500,000'' for
``$164,500,000''; in paragraph (13)(B), by substituting
``$0'' for ``$1,700,000''; and in paragraph (13)(C), by
substituting ``$0'' for ``$3,000,000'': Provided further,
That 5 percent of the amount provided for ``Department of
Homeland Security, Federal Emergency Management Agency, State
and Local Programs'' by this division shall be transferred to
``Department of Homeland Security, Federal Emergency
Management Agency, Management and Administration'' for
program administration.
Sec. 1629. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Firefighter Assistance Grants'' for
programs authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.), shall be
$810,000,000, of which $405,000,000 shall be available to
carry out section 33 of that Act (15 U.S.C. 2229) and
$405,000,000 shall be available to carry out section 34 of
that Act (15 U.S.C. 2229a).
Sec. 1630. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to
increase the number of firefighters in fire departments, the
Secretary of Homeland Security, in making grants under
section 34 of such Act using the funds appropriated for
fiscal year 2011, shall grant waivers from the requirements
of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of
such section: Provided, That section 34(a)(1)(E) of such Act
shall not apply with respect to funds appropriated for fiscal
year 2011 for grants under section 34 of such Act: Provided
further, That the Secretary of Homeland Security, in making
grants under section 34 of such Act, shall ensure that funds
appropriated for fiscal year 2011 are made available for the
retention of firefighters.
Sec. 1631. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Disaster Relief'' shall be $1,950,000,000:
Provided, That the Administrator of the Federal Emergency
Management Agency shall submit quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives providing estimates of funding requirements
for ``Disaster Relief'' for the current fiscal year and the
succeeding three fiscal years. The report shall provide (a)
an estimate, by quarter, for the costs of all previously
designated disasters; (b) an estimate, by quarter, for the
cost of future disasters based on a five year average,
excluding catastrophic disasters; and (c) an estimate of the
date on which the ``Disaster Relief'' balance will reach
$500,000,000: Provided further, That the President shall
submit an emergency supplemental budget request no later than
three months prior to the date that the Administrator of the
Federal Emergency Management Agency estimates that the total
amount remaining unallocated in ``Disaster Relief'' will
reach $500,000,000, and that the request shall account for
all estimated funding requirements for that fiscal year.
Sec. 1632. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Flood Map Modernization Fund'' shall be
$194,000,000.
Sec. 1633. Notwithstanding section 1101, in fiscal year
2011, funds shall not be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) for operating expenses
in excess of $110,000,000, and for agents' commissions and
taxes in excess of $963,339,000: Provided, That
notwithstanding section 1101, for activities under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.)
and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001
et seq.), the level shall be $169,000,000, which shall be
derived from offsetting collections assessed and collected
under 1308(d) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(d)), of which not to exceed $22,145,000 shall be
available for salaries and expenses associated with flood
mitigation and flood insurance operations; and not less than
$146,855,000 shall be available for floodplain management and
flood mapping, which shall remain available until September
30, 2012.
Sec. 1634. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, National Predisaster Mitigation Fund''
shall be $85,000,000.
Sec. 1635. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Emergency Food and Shelter'' shall be
$150,000,000.
Sec. 1636. Notwithstanding section 1101, the level for
``Department of Homeland Security, United States Citizenship
and Immigration Services'' shall be $146,593,000, of which
$25,000,000 is for processing applications for asylum and
refugee status, and of which $103,400,000 shall be for the E-
Verify Program.
Sec. 1637. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Law Enforcement
Training Center, Salaries and Expenses'' shall be
$235,919,000.
Sec. 1638. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Law Enforcement
Training Center, Acquisitions, Construction, Improvements,
and Related Expenses'' shall be $38,456,000.
Sec. 1639. Notwithstanding section 1101, the level for
``Department of Homeland Security, Science and Technology,
Management and Administration'' shall be $141,200,000.
Sec. 1640. Notwithstanding section 1101, the level for
``Department of Homeland Security, Science and Technology,
Research, Development, Acquisition, and Operations'' shall be
$698,036,000: Provided, That the final proviso included under
the heading ``Department of Homeland Security, Science and
Technology, Research, Development, Acquisition, and
Operations'' in the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83) shall have no
force or effect.
Sec. 1641. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection
Office, Management and Administration'' shall be $36,992,000.
Sec. 1642. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection
Office, Research, Development, and Operations'' shall be
$300,242,000.
Sec. 1643. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection
Office, Systems Acquisition'' shall be $40,000,000.
Sec. 1644. For an additional amount to plan, acquire,
construct, renovate, remediate, equip, furnish, and occupy
buildings and facilities for the consolidation of the
Department of Homeland Security headquarters, $91,400,000.
Sec. 1645. For an additional amount for necessary expenses
for reimbursement of the actual costs to State and local
governments for providing emergency management, public
safety, and security at events, as determined by the
Administrator of the Federal Emergency Management Agency,
related to the presence of a National Special Security Event,
$15,000,000, to remain available until September 30, 2012.
Sec. 1646. (a) Section 560 of Public Law 111-83 shall not
apply to funds appropriated by this division.
(b) For an additional amount for Science and Technology,
``Research, Development, Acquisition, and Operations'',
$40,000,000, to remain available until September 30, 2012,
for construction of the Central Utility Plant at the National
Bio-and Agro-Defense Facility.
(c) No funding provided in this or previous appropriations
Acts shall be used for construction of the National Bio- and
Agro-Defense Facility until--
(1) the Department of Homeland Security has completed 50
percent of National Bio- and Agro-Defense Facility design
planning and submitted a revised site-specific biosafety and
biosecurity mitigation risk assessment that describes how to
significantly reduce risks of conducting essential research
and diagnostic testing at the National Bio- and Agro-Defense
Facility and addresses shortcomings identified in the
National Academy of Sciences' evaluation of the initial site-
specific biosafety and biosecurity mitigation risk
assessment, and
(2) the National Academy of Sciences submits an evaluation
of the revised site-specific biosafety and biosecurity
mitigation risk assessment.
(d) The revised site-specific biosafety and biosecurity
mitigation risk assessment required by subsection (c) shall--
(1) include a quantitative risk assessment for foot-and-
mouth disease virus, in particular epidemiological and
economic impact modeling to determine the overall risk of
operating the facility for its expected 50-year life span,
taking into account strategies to mitigate risk of foot-and-
mouth disease virus release from the laboratory and ensure

[[Page S1294]]

safe operations at the approved National Bio- and Agro-
Defense Facility site;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local,
State, and Federal authorities and appropriate stakeholders)
if a release occurs, to detect and control the spread of
disease; and
(3) include overall risks of the most dangerous pathogens
the Department of Homeland Security expects to hold in the
National Bio- and Agro-Defense Facility's biosafety level 4
facility, and effectiveness of mitigation strategies to
reduce those risks.
(e) The Department of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate
the adequacy and validity of the risk assessment required by
subsection (c). The National Academy of Sciences shall submit
a report on such evaluation within four months after the date
the Department of Homeland Security concludes its risk
assessment.
Sec. 1647. Section 503 of the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83) is
amended by adding at the end the following:
``(e) The notification thresholds and procedures set forth
in this section shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland
Security Appropriations Acts.''.
Sec. 1648. For fiscal year 2011, sections 529, 541, and
545 of the Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83; 123 Stat. 2174, 2176) shall
have no force or effect.
Sec. 1649. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6
U.S.C. 121 note) is amended by striking ``on October 4,
2010'' and inserting ``on October 4, 2011''.
Sec. 1650. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2010,'' and inserting ``Until September 30, 2011,''; and
(2) in subsection (d)(1), by striking ``September 30,
2010,'' and inserting ``September 30, 2011,''.
Sec. 1651. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2010'' and inserting ``2011''.
Sec. 1652. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) ``Operations'', $1,692,000.
(2) ``Violent Crime Reduction Program'', $4,871,492.
(3) ``U.S. Customs and Border Protection, Salaries and
Expenses'', $17,949,950.
(4) ``Office for Domestic Preparedness'', $10,568,964.
Sec. 1653. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83; 123 Stat. 2174) are rescinded:
$886,665 from ``Office of the Secretary and Executive
Management''; $604,342 from ``Office of the Under Secretary
for Management''; $24,379 from the ``Office of the Chief
Financial Officer''; $29,741 from ``Office of the Chief
Information Officer''; $218,173 from ``Analysis and
Operations''; $76,498 from ``Office of the Federal
Coordinator for Gulf Coast Rebuilding''; $197,272 from
``Office of Inspector General''; $11,373,129 from ``U.S.
Customs and Border Protection, Salaries and Expenses'';
$3,443,644 from ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses''; $2,555,962 from ``Transportation
Security Administration, Federal Air Marshals''; $8,617,331
from ``Coast Guard, Operating Expenses''; $2,965,312 from
``Coast Guard, Reserve Training''; $83,784 from ``National
Protection and Programs Directorate, Management and
Administration''; $551,737 from ``National Protection and
Programs Directorate, Infrastructure Protection and
Information Security''; $704,700 from ``United States Secret
Service, Salaries and Expenses''; $863,628 from ``Federal
Emergency Management Agency, Management and Administration'';
$864,660 from ``Office of Health Affairs''; $7,945,983 from
``United States Citizenship and Immigration Services'';
$960,828 from ``Federal Law Enforcement Training Center,
Salaries and Expenses''; $353,524 from ``Science and
Technology, Management and Administration''; and $45,468 from
``Domestic Nuclear Detection Office, Management and
Administration''.
Sec. 1654. Of the funds appropriated to the Department of
Homeland Security, the following unobligated balances are
hereby rescinded from the following accounts and programs in
the specified amounts:
(1) ``Department of Homeland Security, U.S. Customs and
Border Protection, Automation Modernization'', $10,000,000.
(2) ``Department of Homeland Security, U.S. Customs and
Border Protection, Border Security Fencing, Infrastructure,
and Technology'', $93,000,000.
(3) ``Department of Homeland Security, Federal Emergency
Management Agency, National Predisaster Mitigation Fund'',
$19,603,000.
(4) ``Department of Homeland Security, Science and
Technology, Research, Development, Acquisition, and
Operations'', $62,000,000.
(5) ``Department of Homeland Security, Domestic Nuclear
Detection Office, Research, Development, and Operations'',
$15,700,000.
(6) ``Department of Homeland Security, Coast Guard,
Acquisition, Construction, and Improvements'', $10,122,000.
Sec. 1655. Of the unobligated balances available for
``Department of Homeland Security, U.S. Customs and Border
Protection, Construction'' for construction projects,
$106,556,000 is rescinded: Provided, That the amounts
rescinded under this section shall be limited to amounts
available for Border Patrol projects and facilities: Provided
further, That no amounts may be rescinded from amounts that
were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 1656. Of the unobligated balances available for
``Department of Homeland Security, Transportation Security
Administration'', $15,000,000 is rescinded: Provided, That
the Transportation Security Administration shall not rescind
any unobligated balances from the following programs:
explosives detection systems; checkpoint support; aviation
regulation and other enforcement; and air cargo.
Sec. 1657. Of the unobligated balances available for
``Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Protection and
Information Security'', the following amounts are rescinded:
(1) $6,000,000 from Next Generation Networks.
(2) $9,600,000 to be specified in a report submitted by the
Secretary of Homeland Security to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 15 days after the date of enactment of this
division, that describes the amounts rescinded and the
original purpose of such funds.
Sec. 1658. From the unobligated balances of funds made
available in the Department of the Treasury Forfeiture Fund
established by section 9703 of title 31, United States Code,
that was added to such title by section 638 of Public Law
102-393, $22,600,000 are rescinded.
Sec. 1659. From the unobligated balances made available
for Coast Guard ``Operating Expenses'' in chapter 6 of title
I of Public Law 111-212, $5,000,000 are rescinded.
Sec. 1660. From the unobligated balances made available
for Coast Guard ``Acquisition, Construction, and
Improvements'' in chapter 5 of title I of division B of
Public Law 110-329, $26,500,000 are rescinded.
Sec. 1661. From the unobligated balances made available
for Transportation Security Administration ``Aviation
Security'' in chapter 5 of title III of Public Law 110-28,
$18,345,000 are rescinded.
Sec. 1662. From the unobligated balances of prior year
appropriations made available for United States Visitor and
Immigrant Indicator Technology, $55,295,000 are rescinded.
Sec. 1663. From the unobligated balances of prior year
appropriations made available for United States Citizenship
and Immigration Services for the program commonly known as
the ``REAL ID hub'', $18,500,000 are rescinded.
Sec. 1664. From the unobligated balances of prior year
appropriations made available for ``United States Citizenship
and Immigration Services'' in chapter 6 of title I of Public
Law 111-212, $6,500,000 are rescinded.
Sec. 1665. Of the unobligated balances available for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Construction'', $10,000,000 are
rescinded.

TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

Sec. 1701. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Land Management,
Management of Lands and Resources'' shall be $970,706,000:
Provided, That the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds
appropriated by this division by substituting
``$970,706,000'' for ``$959,571,000'' the second place it
appears.
Sec. 1702. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Land Management,
Construction'' shall be $6,626,000.
Sec. 1703. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Land Management, Land
Acquisition'' shall be $26,650,000: Provided, That the
proviso under such heading in division A of Public Law 111-88
shall not apply to funds appropriated by this division.
Sec. 1704. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife
Service, Resource Management'' shall be $1,257,356,000.
Sec. 1705. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife
Service, Construction'' shall be $27,139,000.
Sec. 1706. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife
Service, Land Acquisition'' shall be $63,890,000.
Sec. 1707. Of the unobligated amounts under the heading
``Department of the Interior, United States Fish and Wildlife
Service, Landowner Incentive Program'' from prior year
appropriations, all remaining amounts are rescinded.
Sec. 1708. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife
Service, Cooperative Endangered Species Conservation Fund''
shall be $84,841,000: Provided, That the amounts included
under such heading in division A of Public Law 111-88 shall
be applied to funds appropriated by this division by
substituting ``$4,987,297'' for ``$5,145,706''.

[[Page S1295]]

Sec. 1709. Before the end of the 60-day period beginning
on the date of enactment of this division, the Secretary of
the Interior shall reissue the final rule published on April
2, 2009 (74 Fed. Reg. 15123 et seq.) without regard to any
other provision of statute or regulation that applies to
issuance of such rule. Such reissuance (including this
section) shall not be subject to judicial review.
Sec. 1710. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Park
Partnership Project Grants'' shall be $0 and the matters
pertaining to such account in division A of Public Law 111-88
shall not apply to funds appropriated by this division.
Sec. 1711. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, National
Recreation and Preservation'' shall be $57,986,000, of which
$0 shall be for projects authorized by section 7302 of Public
Law 111-11.
Sec. 1712. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Historic
Preservation Fund'' shall be $69,300,000: Provided, That the
amounts included under such heading in division A of Public
Law 111-88 shall be applied to funds appropriated by this
division by substituting ``$14,800,000'' for ``$25,000,000'':
Provided further, That the proviso under such heading in
division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1713. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service,
Construction'' shall be $210,066,000: Provided, That the last
proviso under such heading in division A of Public Law 111-88
shall not apply to funds appropriated by this division.
Sec. 1714. The contract authority provided for fiscal year
2011 by 16 U.S.C. 460l-10a is rescinded.
Sec. 1715. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Land
Acquisition and State Assistance'' shall be $108,846,000:
Provided, That section 113 of division A of Public Law 111-88
shall not apply to funds appropriated by this division.
Sec. 1716. Notwithstanding section 1101, the level for
``Department of the Interior, United States Geological
Survey, Surveys, Investigations, and Research'' shall be
$1,104,844,000.
Sec. 1717. Notwithstanding section 1101, the level for
``Department of the Interior, Minerals Management Service,
Royalty and Offshore Minerals Management'' shall be
$253,613,000: Provided, That the amounts included under such
heading in division A of Public Law 111-88 shall be applied
to funds appropriated by this division by substituting
``$104,674,000'' for ``$89,374,000''; and by substituting
``$154,890,000'' for ``$156,730,000'' each place it appears.
Sec. 1718. Notwithstanding section 1101, the level for
``Department of the Interior, Minerals Management Service,
Oil Spill Research'' shall be $11,768,000.
Sec. 1719. During fiscal year 2011, the Secretary of the
Interior, in order to implement a reorganization of the
Bureau of Ocean Energy Management, Regulation, and
Enforcement, may establish accounts, transfer funds among and
between the offices and bureaus affected by the
reorganization, and take other administrative actions
necessary in conformance with the House and Senate Committees
on Appropriations reprogramming guidelines described in the
joint explanatory statement of managers accompanying Public
Law 111-88.
Sec. 1720. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs,
Operation of Indian Programs'' shall be $2,334,515,000:
Provided, That the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds
appropriated by this division as follows: by substituting
``$220,000,000'' for ``$166,000,000''; by substituting
``$585,411,000'' for ``$568,702,000''; and by substituting
``$46,373,000'' for ``$43,373,000''.
Sec. 1721. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs,
Construction'' shall be $165,000,000.
Sec. 1722. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs,
Indian Land and Water Claim Settlements and Miscellaneous
Payments to Indians'' shall be $46,480,000, of which $0 shall
be for the matter pertaining to Public Law 109-379.
Sec. 1723. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs,
Indian Land Consolidation'' shall be $0.
Sec. 1724. Section 108 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006
(Public Law 109-54) is amended by striking ``for fiscal years
2006 through 2010, for the purpose of reducing the backlog
of'' and inserting ``for fiscal year 2006 and each fiscal
year thereafter, for the purpose of adjudicating''.
Sec. 1725. Notwithstanding section 1101, the level for
``Department of the Interior, Departmental Offices, Insular
Affairs, Assistance to Territories'' shall be $84,295,000:
Provided, That the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds
appropriated by this division by substituting ``$75,015,000''
for ``$75,915,000''.
Sec. 1726. Notwithstanding section 1101, the level for
``Department of the Interior, Departmental Offices, Office of
the Special Trustee for American Indians, Federal Trust
Programs'' shall be $176,984,000, as provided for in section
3004(a) of Public Law 111-212 (124 Stat. 2339): Provided,
That the amount included under such heading in division A of
Public Law 111-88 shall be $47,536,000, as provided for in
section 3004(a) of Public Law 111-212 (124 Stat. 2339).
Sec. 1727. Notwithstanding section 1101, the level for
``Department of the Interior, Department-wide Programs,
Wildland Fire Management'' shall be $919,897,000: Provided,
That the amounts included under such heading in division A of
Public Law 111-88 shall be applied to funds appropriated by
this division by substituting ``$0'' for ``$125,000,000'':
Provided further, That $200,000,000 in unobligated fire
suppression balances under this heading from Public Law 111-8
and Public Law 111-88 are hereby permanently rescinded.
Sec. 1728. Notwithstanding section 1104, section 121 of
division A of Public Law 111-88 (123 Stat. 2930), concerning
joint ticketing at the Pearl Harbor Naval Complex, is amended
in subsection (b)(1) by striking ``may enter'' and inserting
``may, for this fiscal year and each fiscal year thereafter,
enter''.
Sec. 1729. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Science and Technology''
shall be $826,370,000.
Sec. 1730. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Environmental Programs and
Management'' shall be $2,789,417,000: Provided, That of the
funds included under this heading $429,441,000 shall be for
the Geographic Programs specified in the explanatory
statement accompanying Public Law 111-88: Provided further,
That of such amount for Geographic Programs, $300,000,000
shall be for the Great Lakes Restoration Initiative; and
$46,000,000 shall be for Puget Sound.
Sec. 1731. The matter pertaining to planning and design of
a high-performance green building to consolidate the multiple
offices and research facilities of the Environmental
Protection Agency in Las Vegas, Nevada under the heading
``Environmental Protection Agency, Buildings and Facilities''
in division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1732. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Hazardous Substance
Superfund'' shall be $1,293,475,000: Provided, That the
matter under such heading in division A of Public Law 111-88
shall be applied to funds appropriated in this division as
follows: by substituting ``$1,293,475,000'' the second place
it appears; and by substituting ``September 30, 2010'' for
``September 30, 2009''.
Sec. 1733. Notwithstanding section 1101, the level for
``Environmental Protection Agency, State and Tribal
Assistance Grants'' shall be $4,780,946,000: Provided, That
the amounts included under such heading in division A of
Public Law 111-88 shall be applied to funds appropriated by
this division by substituting ``$14,500,000'' for
``$17,000,000''; by substituting ``$0'' for ``$156,777,000'';
by substituting ``$0'' for ``$20,000,000; by substituting
``$1,106,446,000'' for ``$1,116,446,000''; and by
substituting ``$0'' for ``$10,000,000'' the second place it
appears (pertaining to competitive grants to communities)''.
Sec. 1734. Notwithstanding section 1101, the amounts
authorized to transfer under the heading ``Environmental
Protection Agency, Administrative Provisions, Environmental
Protection Agency'' in division A of Public Law 111-88 shall
be applied to funds appropriated by this division by
substituting ``$300,000,000'' for ``$475,000,000''.
Sec. 1735. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, State and
Private Forestry'' shall be $301,611,000.
Sec. 1736. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, National Forest
System'' shall be $1,566,339,000, of which $15,000,000 shall
be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological treatments as authorized by
16 U.S.C. 7303(f).
Sec. 1737. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Capital
Improvement and Maintenance'' shall be $509,762,000:
Provided, That amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds
appropriated in this division by substituting ``$50,000,000''
for ``90,000,000''.
Sec. 1738. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Land
Acquisition'' shall be $33,184,000.
Sec. 1739. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Wildland Fire
Management'' shall be $2,178,387,000: Provided, That the
amounts included under such heading in division A of Public
Law 111-88 shall be applied to funds appropriated by this
division by substituting ``$0'' for ``$75,000,000'': Provided
further, That $200,000,000 in unobligated fire suppression
balances under this heading from Public Law 111-88 are hereby
permanently rescinded.
Sec. 1740. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, FLAME Wildfire
Suppression Reserve Fund'' shall be $291,000,000: Provided,
That $200,000,000 in unobligated balances under this heading
from Public Law 111-88 are hereby rescinded.
Sec. 1741. Notwithstanding section 1101, the level for
``Chemical Safety and Hazard Investigation Board, Salaries
and Expenses'' shall be $10,547,000: Provided, That the
matter pertaining to methyl isocyanate in the last proviso
under such heading in division A of

[[Page S1296]]

Public Law 111-88 shall not apply to funds appropriated by
this division.
Sec. 1742. Notwithstanding section 1101, the level for
``Smithsonian Institution, Legacy Fund'' shall be $0.
Sec. 1743. Notwithstanding section 1101, the level for
``National Gallery of Art, Repair, Restoration and Renovation
of Buildings'' shall be $48,221,000: Provided, That the
amounts included under such heading in division A of Public
Law 111-88 shall be applied to funds appropriated by this
division by substituting ``$42,250,000'' for ``$40,000,000''.
Sec. 1744. Notwithstanding section 1101, the proviso under
the heading ``John F. Kennedy Center for the Performing Arts,
Operations and Maintenance'' in division A of Public Law 111-
88 shall not apply to funds appropriated by this division.
Sec. 1745. Notwithstanding section 1101, the level for
``John F. Kennedy Center for the Performing Arts, Capital
Repair and Restoration'' shall be $13,920,000.
Sec. 1746. Notwithstanding section 1101, the level for
``National Capital Arts and Cultural Affairs'' shall be
$4,500,000.
Sec. 1747. Notwithstanding section 1101, the level for
``Dwight D. Eisenhower Memorial Commission, Salaries and
Expenses'' shall be $0.
Sec. 1748. Notwithstanding section 1101, the level for
``Dwight D. Eisenhower Memorial Commission, Capital
Construction'' shall be $0.
Sec. 1749. Section 409 of division A of Public Law 111-88
(123 Stat. 2957) is amended by striking ``and 111-8'' and
inserting ``111-8, and 111-88'', and by striking ``2009'' and
inserting ``2010''.
Sec. 1750. Notwithstanding section 1101, the level for
section 415 of division A of Public Law 111-88 shall be $0.
Sec. 1751. Notwithstanding section 1104, section 423 of
division A of Public Law 111-88 (123 Stat. 2961), concerning
the distribution of geothermal energy receipts, shall have no
force or effect and the distribution formula contained in
section 3003(a) of Public Law 111-212 (124 Stat. 2338) shall
apply for fiscal year 2011.
Sec. 1752. Section 433 of division A of Public Law 111-88
(123 Stat. 2965) is amended by striking ``2010'' and ``2009''
and inserting ``2011'' and ``2010'', respectively.
Sec. 1753. The Bureau of Land Management, Fish and
Wildlife Service, National Park Service, and Forest Service
may allocate either greater or lesser amounts than those
otherwise specified in the project tables accompanying Public
Laws 111-8 and 111-88 within the construction, land
acquisition, or capital improvement and maintenance accounts
when necessary to complete projects based on the original
project scope or to utilize excess funds available after
completion of a project on other projects within the same
account, and in compliance with the reprogramming guidelines
contained in the joint explanatory statement accompanying
Public Law 111-88.
Sec. 1754. Section 7 of Public Law 99-647, as amended by
section 702(d) of Public Law 109-338, is further amended by
striking ``5 years'' and inserting ``6 years''.
Sec. 1755. Not later than 30 days after the date of
enactment of this division, each of the following departments
and agencies shall submit to the House and Senate Committees
on Appropriations a spending, expenditure, or operating plan
for fiscal year 2011 at a level of detail below the account
level:
(1) Department of the Interior.
(2) Environmental Protection Agency.
(3) Department of Agriculture, Forest Service.
(4) Indian Health Service.
(5) Smithsonian Institution.

TITLE VIII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES

(including rescission of funds)

Sec. 1801. (a) Notwithstanding section 1101, the level for
``Department of Labor, Employment and Training
Administration, Training and Employment Services'' shall be
$1,864,148,000 plus reimbursements, of which:
(1) $837,579,000 shall be available for obligation for the
period July 1, 2011, through June 30, 2012, of which
$44,561,000 shall be available for pilots, demonstrations,
and research activities and $90,000,000 shall be available
for reintegration of ex-offenders;
(2) $1,026,569,000 shall be available for obligation for
the period April 1, 2011, through June 30, 2012, for youth
programs (including YouthBuild); and
(3) no funds shall be available for the Career Pathways
Innovation Fund.
(b) Of the funds made available in division D of Public Law
111-117, $125,000,000 appropriated for the Career Pathways
Innovation Fund is rescinded.
(c) Notwithstanding section 1101, the level for
``Department of Labor, Employment and Training
Administration, Community Service Employment for Older
Americans'' shall be $600,425,000, to remain available
through June 30, 2012, and the first and second provisos
under such heading in division D of Public Law 111-117 shall
not apply to funds appropriated by this Act.
(d) Notwithstanding section 1101, the level which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund for administrative expenses of
``Department of Labor, Employment and Training
Administration, State Unemployment Insurance and Employment
Service Operations'' shall be $4,024,490,000 (which includes
all amounts available to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews), of which $3,245,645,000 shall be available
for unemployment compensation State operations, $50,519,000
shall be available for Federal administration of foreign
labor certifications, and $15,129,000 shall be available for
grants to States for the administration of such activities.
For purposes of this section, the first proviso under such
heading in division D of Public Law 111-117 shall be applied
by substituting ``2011'' and ``6,180,000'' for ``2010'' and
``5,059,000'', respectively.
Sec. 1802. Funds appropriated by section 1101 of this Act
to the Department of Labor's Employment and Training
Administration for technical assistance services to grantees
may be transferred to ``Department of Labor, Employment and
Training Administration, Program Administration'' if it is
determined that those services will be more efficiently
performed by Federal staff.
Sec. 1803. Notwithstanding section 1101, the level for
``Department of Labor, Mine Safety and Health Administration,
Salaries and Expenses'' shall be $367,293,000, of which up to
$3,000,000 shall be available to the Secretary of Labor to be
transferred to ``Departmental Management, Salaries and
Expenses'' for activities related to the Department of
Labor's caseload before the Federal Mine Safety and Health
Review Commission and the amounts included under the heading
``Department of Labor, Mine Safety and Health Administration,
Salaries and Expenses'' in division D of Public Law 111-117
shall be applied to funds appropriated in this Act during
fiscal year 2011 by substituting ``$1,350,000'' for
``$1,000,000''.
Sec. 1804. Funds appropriated by section 1101 of this Act
for ``Department of Labor, Bureau of Labor Statistics,
Salaries and Expenses'' may be obligated and expended to
implement an alternative approach to the Locality Pay Survey
component of the National Compensation Survey, and for
programs and activities in connection with the BLS
restructuring of the way in which the Current Employment
Statistics program produces State and metropolitan area data
estimates.

(including transfer of funds)

Sec. 1805. (a) Notwithstanding any other provision of this
Act, the amounts for ``Department of Labor, Departmental
Management, Salaries and Expenses'' shall be $379,827,000,
together with not to exceed $327,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund.
(b) From the amount available in (a), $33,332,000 shall be
used by the Secretary of Labor for the purposes of program
evaluation, initiatives related to the identification and
prevention of worker misclassification, and other worker
protection activities, and may be transferred by the
Secretary (in addition to any other transfer authority
provided in this Act) to other agencies of the Department
subject to 15-day advance notification of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 1806. Notwithstanding section 1101, the level for
``Department of Labor, Departmental Management, Office of Job
Corps'' shall be $1,027,205,000 (which may be administered
within the Employment and Training Administration pursuant to
section 108 of division D of Public Law 111-117), of which
$993,015,000 shall be available to meet the operational needs
of Job Corps centers. Of appropriations made available in
this Act for construction, rehabilitation, and acquisition of
Job Corps centers, the Secretary of Labor may transfer up to
25 percent to meet the operational needs of Job Corps
centers.

(including transfer of funds)

Sec. 1807. (a) The language under the ``Working Capital
Fund'' heading in Public Law 85-67, as amended, is further
amended by deleting: ``Providedfurther, That within the
Working Capital Fund,'' through and including ``, to be
available without further appropriation action.''
(b) Funds collected pursuant to that authority shall be
available for the Department of Labor's acquisition workforce
capacity and capabilities which may be transferred by the
Secretary of Labor for that purpose to any other account in
the Department (in addition to any other transfer authority
provided in this Act).
Sec. 1808. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Health Resources
and Services Administration, Health Resources and Services''
shall be $7,177,914,000, of which:
(1) not more than $100,000,000 shall be available until
expended for carrying out the provisions of Public Law 104-73
and for expenses incurred by the Department of Health and
Human Services pertaining to administrative claims made under
such law;
(2) not less than $2,010,759,000 shall remain available
through September 30, 2013 for parts A and B of title XXVI of
the Public Health Service Act (hereafter in this chapter,
``PHS Act''), of which not less than $912,894,000 shall be
for State AIDS Drug Assistance Programs under the authority
of section 2616 or 311(c) of such Act;
(3) not less than $79,365,000 shall be available to carry
out sections 747 and 767 of the PHS Act;
(4) not less than $43,000,000 shall be available for oral
health programs authorized under section 748 and subpart X of
title III of the PHS Act; and
(5) not less than $272,285,000 shall be available to carry
out title VIII of the PHS Act.

[[Page S1297]]

(b) The eighteenth and nineteenth provisos under the
heading ``Department of Health and Human Services, Health
Resources and Services Administration, Health Resources and
Services'' in division D of Public Law 111-117 shall not
apply to funds appropriated by this Act.
(c) Sections 340G-1(d)(1) and (d)(2), 747(c)(2), and
751(j)(2) of the PHS Act, and the proportional funding
amounts in paragraphs (1) through (4) of section 756(e) of
such Act shall not apply to funds made available in this Act
for ``Department of Health and Human Services, Health
Resources and Services Administration, Health Resources and
Services''.
(d) For any program operating under section 751 of the PHS
Act on or before January 1, 2009, the Secretary of Health and
Human Services may waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act.
Sec. 1809. (a) Notwithstanding section 1101, the level for
the first paragraph under the heading ``Department of Health
and Human Services; Centers for Disease Control and
Prevention; Disease Control, Research, and Training'' shall
be $6,037,547,000, of which:
(1) $12,000,000 shall remain available until expended for
acquisition of real property, equipment, construction, and
renovation of facilities, including necessary repairs and
improvements to laboratories leased or operated by the
Centers for Disease Control and Prevention;
(2) not less than $382,152,000 shall be available for
Business Support Services; and
(3) $527,234,000 shall remain available until expended for
the Strategic National Stockpile under section 319F-2 of the
PHS Act.
(b) Paragraphs (1) through (3) of section 2821(b) of the
PHS Act shall not apply to funds made available in this Act.
(c) Notwithstanding section 1101, funds appropriated for
``Department of Health and Human Services; Centers for
Disease Control and Prevention; Disease Control, Research,
and Training'' shall also be available to carry out title II
of the Immigration and Nationality Act and sections 4001,
4004, 4201, and 4301 of the Patient Protection and Affordable
Care Act.
(d) Notwithstanding section 1101 and the amount included
immediately prior to the first proviso under the heading
``Department of Health and Human Services, Centers for
Disease Control and Prevention, Disease Control, Research,
and Training'' of division D of Public Law 111-117,
$210,724,000 shall be available to carry out the activities
of the National Institute for Occupational Safety and Health.
Sec. 1810. Notwithstanding section 1101, the level for
``Department of Health and Human Services, National
Institutes of Health, National Institute of Allergy and
Infectious Diseases'' shall be $4,818,275,000: Provided, That
none of these funds will be derived from funds transferred to
the Public Health and Social Services Emergency Fund in
Public Law 111-117.
Sec. 1811. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Substance Abuse
and Mental Health Services Administration, Substance Abuse
and Mental Health Services'' shall be $3,416,311,000.
(b) The second proviso under the heading ``Department of
Health and Human Services, Substance Abuse and Mental Health
Services Administration, Substance Abuse and Mental Health
Services'' in division D of Public Law 111-117 shall not
apply to funds appropriated by this Act.
Sec. 1812. (a) Notwithstanding section 1101, the level for
amounts transferred from the Federal Hospital Insurance and
Supplementary Medical Insurance Trust Funds for ``Department
of Health and Human Services, Centers for Medicare and
Medicaid Services, Program Management'' shall not exceed
$3,676,147,000, of which $9,120,000 shall remain available
through September 30, 2012, for Medicare contracting reform
activities.
(b) Notwithstanding section 1101, funds appropriated for
``Department of Health and Human Services; Centers for
Medicare and Medicaid Services, Program Management'' shall
also be available to carry out the Patient Protection and
Affordable Care Act.
(c) The amount under the second proviso under the heading
``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Program Management'' in
division D of Public Law 111-117 shall be applied to funds
appropriated by this division by substituting ``$37,700,000''
for ``$35,681,000''.
(d) The amount under the fourth proviso under the heading
``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Program Management'' in
division D of Public Law 111-117 shall be applied to funds
appropriated by this division by substituting ``not less than
$50,000,000'' for ``$55,000,000''.
Sec. 1813. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Health Care Fraud and Abuse
Control'' shall be $471,000,000 which shall remain available
through September 30, 2012, of which: (1) $280,640,000 shall
be for the Medicare Integrity Program at the Centers for
Medicare & Medicaid Services, including administrative costs,
to conduct oversight activities for Medicare Advantage and
the Medicare Prescription Drug Program authorized in title
XVIII of the Social Security Act and for activities listed in
section 1893 of such Act; (2) $79,657,000 shall be for the
Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by
section 1817(k)(3) of such Act; (3) $35,100,000 shall be for
the Medicaid and Children's Health Insurance Program
integrity activities; and (4) $75,603,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act.
Sec. 1814. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Low Income Home Energy Assistance''
shall be $4,850,000,000, of which $4,509,672,000 shall be for
payments under subsections (b) and (d) of section 2602 of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8621); and of which $340,328,000 shall be for payments under
subsection (e) of such Act, to be made notwithstanding the
designation requirements of such subsection.
Sec. 1815. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Payments to States for the Child Care
and Development Block Grant'' shall be $2,437,081,000:
Provided, That in addition to the amounts required to be
reserved by the States under section 658G of the Child Care
and Development Block Grant Act of 1990, $310,958,000 shall
be reserved by the States for activities authorized under
section 658G, of which $114,040,000 shall be for activities
that improve the quality of infant and toddler care: Provided
further, That of funds available for child care resource and
referral and school-aged child care activities, $1,000,000
shall be available to the Secretary of Health and Human
Services for a competitive grant for a toll free hotline and
website to help parents access child care in their local
community and to develop and disseminate consumer education
information for parents.
Sec. 1816. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Children and Families Services
Programs'' shall be $9,615,121,000, of which--
(1) $44,500,000 shall be for grants to States for adoption
incentive payments as authorized by section 473A of the
Social Security Act;
(2) $7,574,783,000 shall be for making payments under the
Head Start Act: Provided, That for purposes of allocating
such funds under the Head Start Act, the term ``base grant''
as used in subsection (a)(7)(A) of section 640 of such Act
with respect to funding provided to a Head Start agency
(including each Early Head Start agency) for fiscal year 2010
shall be deemed to include 50 percent of the funds
appropriated under ``Department of Health and Human Services,
Administration for Children and Families, Children and Family
Services Programs'' in Public Law 111-5 and provided to such
agency for carrying out expansion of Head Start programs, as
that phrase is used in subsection (a)(4)(D) of such section
640, and provided to such agency as the ongoing funding level
for operations in the 12 month budget period beginning in
fiscal year 2010; and
(3) $36,000,000 shall be for section 680(a)(2) of the CSBG
Act.
(b) Notwithstanding section 611(d)(1) of title VI of
division G of Public Law 110-161, the National Commission on
Children and Disasters shall terminate on October 1, 2011.
Sec. 1817. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration on
Aging, Aging Services Programs'' shall be $1,545,246,000, of
which $462,822,000 shall be for congregate nutrition,
$228,560,000 shall be for home-delivered nutrition, and
$29,708,000 shall be for Native American nutrition: Provided,
That funds appropriated for ``Department of Health and Human
Services, Administration on Aging, Aging Services Programs''
shall also be available to carry out subtitle B of title XX
of the Social Security Act and for necessary administrative
expenses to carry out title XVII of the PHS Act: Provided
further, That amounts otherwise available in this Act to
carry out activities relating to Aging and Disability
Resource Centers, under subsections (a)(20)(B)(iii) and
(b)(8) of section 202 of the Older Americans Act of 1965,
shall be reduced by any amounts made available for fiscal
year 2011 for such purposes under section 2405 of the Patient
Protection and Affordable Care Act.
Sec. 1818. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, General Departmental Management'' from the General
Fund shall be $490,727,000: Provided, That amounts included
under such heading in division D of Public Law 111-117 shall
be applied to funds appropriated by this division by
substituting ``$0'' for ``$5,789,000'': Provided further,
That none of the funds made available in this Act shall be
for carrying out activities specified under section
2003(b)(2) or (3) of the PHS Act: Provided further, That the
second, fifth and sixth provisos under such heading in
division D of Public Law 111-117 shall not apply to funds
appropriated by this division.
Sec. 1819. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, Public Health and Social Services Emergency Fund''
shall be $718,520,000, of which $65,578,000 shall be for
expenses necessary to prepare for and respond to an influenza
pandemic, none of which shall be available past September 30,
2011, and $35,000,000 shall be for expenses necessary for
fit-out and other

[[Page S1298]]

costs related to a competitive lease procurement to renovate
or replace the existing headquarters building for Public
Health Service agencies and other components of the
Department of Health and Human Services: Provided, That in
addition, $476,194,000 of the funds transferred to the
account under the heading ``Department of Health and Human
Services, Office of the Secretary, Public Health and Social
Services Emergency Fund'' in Public Law 111-117 under the
fourth paragraph under such heading may be used to support
advanced research and development pursuant to section 319L of
the PHS Act and other administrative expenses of the
Biomedical Advanced Research and Development Authority.
(b) Of the amounts provided under the heading ``Department
of Health and Human Services, Office of the Secretary, Public
Health and Social Services Emergency Fund'' in Public Laws
111-8 and 111-117 and available for expenses necessary to
prepare for and respond to an influenza pandemic,
$170,000,000 may also be used--
(1) to plan, conduct, and support research to advance
regulatory science to improve the ability to determine
safety, effectiveness, quality, and performance of medical
countermeasure products against chemical, biological,
radiological, and nuclear agents including influenza virus;
and
(2) to analyze, conduct, and improve regulatory review and
compliance processes for such products.
Sec. 1820. Of the funds made available for ``Department of
Health and Human Services, Office of the Secretary, Public
Health and Social Services Emergency Fund'' in Public Law
111-32, $1,259,000,000 is rescinded, to be derived only from
those amounts which have not yet been designated by the
President as emergency funds.
Sec. 1821. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That with respect to
appropriations in this Act for ``Health Resources and
Services'', ``Disease Control, Research, and Training'', and
``Substance Abuse and Mental Health Services'', no transfer
of funds under this section may decrease any individual
program, project, or activity by more than 1 percent or
increase any program, project, or activity by more than 3
percent: Provided further, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate shall be notified not less than 15 days in
advance of any transfer under this section, with such
notification to include an explanation of the effects of the
proposed transfer by program, project, and activity.
Sec. 1822. Hereafter, no funds appropriated in this or any
previous or subsequent Act shall be subject to the allocation
requirements of section 1707A(e) of the PHS Act.
Sec. 1823. Hereafter, no funds appropriated in this or any
previous or subsequent Act shall be available for transfer
under section 274 of the PHS Act.
Sec. 1824. Notwithstanding section 1101, the level for
``Department of Education, Education for the Disadvantaged''
shall be $5,056,036,000 of which $4,938,056,000 shall become
available on July 1, 2011 and remain available through
September 30, 2012, of which--
(1) $300,712,000 available on July 1, 2011 through
September 30, 2012 shall be for targeted grants under section
1124A of the Elementary and Secondary Education Act
(``ESEA'');
(2) $300,712,000 available on July 1, 2011 through
September 30, 2012 shall be for education finance incentive
grants under section 1125A of the ESEA;
(3) the sixth proviso shall be applied to funds available
within this level by substituting ``$8,167,000'' for
``$9,167,000''; and
(4) the tenth proviso shall be applied to funds available
within this level by substituting ``$200,000,000'' for
``$250,000,000''.
Sec. 1825. For purposes of this division, the proviso
under the heading ``Department of Education, Impact Aid'' in
division D of Public Law 111-117 shall be applied by
substituting ``2010-2011'' for ``2009-2010''.
Sec. 1826. Notwithstanding section 1101, the level for
``Department of Education, School Improvement Programs''
shall be $3,391,791,000, of which $3,211,244,000 shall become
available on July 1, 2011, and remain available through
September 30, 2012, $5,000,000 shall become available on the
date of enactment of this Act for a national teacher
recruitment campaign, $26,928,000 shall be available to carry
out part D of title V of the Elementary and Secondary
Education Act (``ESEA''), for purposes of this section, up to
$11,500,000 of the funds available for the Foreign Language
Assistance Program shall be available for activities
described in the twelfth proviso under such heading in
division D of Public Law 111-117, no funds shall be available
for subparts 1 and 2 of part D of title II of the ESEA and
the fifth and sixth provisos under this heading in division D
of Public Law 111-117 shall not apply to funds available in
this division.
Sec. 1827. (a) Notwithstanding section 1101, the level for
``Department of Education, Innovation and Improvement'' shall
be $1,708,989,000, of which $450,000,000 shall become
available on July 1, 2011, and remain available through
September 30, 2012.
(b) From the amount available under (a), $331,982,000 shall
be available to carry out part D of title V of the Elementary
and Secondary Education Act of 1965, including $250,000,000
of such funds for activities described in the sixth through
eleventh provisos under such heading in division D of Public
Law 111-117, not more than $300,000,000 may be used to make
awards under section 14007 of division A of Public Law 111-5
and not more than $450,000,000 available on July 1, 2011
through September 30, 2012 may be used to make awards to
States under section 14006 of division A of Public Law 111-5
in accordance with the applicable requirements of that
section.
(c) The first proviso under the heading ``Department of
Education, Innovation and Improvement'' in division D of
Public Law 111-117 shall be applied by substituting
``$10,797,000 shall be used to carry out section 2151(c) of
the ESEA'' for the existing text.
(d) The seventeenth and eighteenth provisos under the
heading ``Department of Education, Innovation and
Improvement'' in division D of Public Law 111-117 shall not
apply to funds appropriated by this division.
Sec. 1828. Notwithstanding section 1101, the level for
``Department of Education, Safe Schools and Citizenship
Education'' shall be $396,053,000, of which:
(1) $35,000,000 for subpart 3 of part C of title II of the
Elementary and Secondary Education Act of 1965 (``ESEA'')
shall be available to the Secretary of Education for
competitive grants to nonprofit organizations that have
demonstrated effectiveness in the development and
implementation of civic learning programs, with priority for
those programs that demonstrate innovation, scalability,
accountability, and a focus on underserved populations;
(2) $207,053,000 shall be available for subpart 2 of part A
of title IV of the ESEA;
(3) $154,000,000 shall be available to carryout part D of
title V of the ESEA; and
(4) no funds shall be available for activities authorized
under subpart 3 of part D of title V of the ESEA.
Sec. 1829. (a) Notwithstanding section 1101, the level for
``Department of Education, Special Education'' shall be
$4,194,652,000, of which $3,926,354,000 shall become
available on July 1, 2011 and remain available through
September 30, 2012, and of which $3,112,828,000 available on
July 1, 2011 shall be for State grants authorized under
section 611 of part B of the Individuals with Disabilities
Education Act.
(b) Notwithstanding section 1101, the last proviso under
such heading shall be applied by substituting ``2010'' for
``2009''.
Sec. 1830. Notwithstanding section 1101, the level for
``Department of Education, Rehabilitation Services and
Disability Research'' shall be $3,500,375,000.
Sec. 1831. Notwithstanding section 1101, the level for
``Department of Education, National Technical Institute for
the Deaf'' shall be $65,677,000, of which $240,000 shall be
available for construction.
Sec. 1832. (a) Notwithstanding section 1101, the level for
``Department of Education; Career, Technical, and Adult
Education'' shall be $1,106,541,000.
(b) For the purposes of this section, the first, second and
third provisos under the heading ``Department of Education;
Career, Technical and Adult Education'' in division D of
Public Law 111-117 shall not apply to funds appropriated by
this Act.

(including rescission of funds)

Sec. 1833. (a) Notwithstanding section 1101, the level for
``Department of Education, Student Financial Assistance''
shall be $24,899,957,000.
(b) The maximum Pell Grant for which a student shall be
eligible during award year 2011-2012 shall be $4,860.
(c) Of the funds made available under section 401A(e)(1)(E)
of the Higher Education Act of 1965, $561,000,000 are
rescinded.
Sec. 1834. Notwithstanding sections 1101 and 1103, the
level for ``Department of Education, Student Aid
Administration'' shall be $994,000,000, which shall remain
available through September 30, 2012.
Sec. 1835. Notwithstanding section 1101, the level for
``Department of Education, Higher Education'' shall be
$2,133,802,000, of which no funds shall be available for Erma
Byrd Scholarships.
Sec. 1836. Notwithstanding section 1101, the level for
``Department of Education, Historically Black College and
University Capital Financing Program Account'' shall be
$20,582,000: Provided, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $279,393,000.
Sec. 1837. (a) Notwithstanding section 1101, the level for
``Department of Education, Institute of Education Sciences''
shall be $653,006,000.
(b) Notwithstanding subsections (d) and (e) of section 174
of the Education Sciences Reform Act of 2002, $69,650,000 may
be used to continue the contracts for the Regional
Educational Laboratories for one additional year.
Sec. 1838. Notwithstanding section 1101, the level for
``Corporation for National and Community Service, National
Service Trust'' shall be $219,659,000.
Sec. 1839. Notwithstanding section 1101, the level for
``Corporation for Public Broadcasting'' for fiscal year 2011
shall be

[[Page S1299]]

$20,000,000 and shall not be available for fiscal
stabilization grants and the public radio interconnection
system.
Sec. 1840. Notwithstanding section 1101, the level for the
National Health Care Workforce Commission as authorized by
section 5101 of the Patient Protection and Affordable Care
Act, as amended, shall be $3,000,000.
Sec. 1841. Notwithstanding section 1101, the level for
``Institute of Museum and Library Services, Office of Museum
and Library Services: Grants and Administration'' shall be
$265,869,000.
Sec. 1842. Notwithstanding section 1101, the level for
``Medicare Payment Advisory Commission, Salaries and
Expenses'' shall be $12,450,000.
Sec. 1843. Notwithstanding section 1101, the level for
``Railroad Retirement Board, Dual Benefits Payments Account''
shall be $57,000,000.

(including rescission of funds)

Sec. 1844. (a) Notwithstanding section 1101, the level for
``Social Security Administration, Payments to Social Security
Trust Funds'' shall be $21,404,000, and in addition may be
used to carry out section 217(g) of the Social Security Act.
(b) Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Limitation on Administrative Expenses'' shall be
$11,150,500,000.
(c) Notwithstanding section 1101, the level for the fourth
paragraph under the heading ``Social Security Administration,
Limitation on Administrative Expenses'' shall be
$186,000,000.
(d) Notwithstanding section 1101, the level for the fifth
paragraph under the heading ``Social Security Administration,
Limitation on Administrative Expenses'' shall be $500,000.
(e) Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Supplemental Security Income Program'' shall be
$40,092,941,000, of which $3,602,941,000 shall be for
administrative expenses.
(f) Upon enactment of this Act, up to $400,000,000 of the
remaining unobligated balances of funds appropriated for
``Social Security Administration, Limitation on
Administrative Expenses'' for fiscal years 2010 and prior
years (other than funds appropriated in Public Law 111-5)
shall be made part of and merged with other funds in such
account available without fiscal year limitation for
investment in information technology and telecommunications
hardware and software infrastructure, and of such funds
available without fiscal year limitation for investment in
information technology and telecommunications hardware and
software infrastructure $400,000,000 are rescinded.

TITLE IX--LEGISLATIVE BRANCH

Sec. 1901. Notwithstanding section 1101, the level for
each of the following accounts of the Senate shall be as
follows: ``Salaries, Officers and Employees'', $185,982,000;
``Salaries, Officers and Employees, Office of the Sergeant at
Arms and Doorkeeper'', $77,000,000; ``Contingent Expenses of
the Senate, Secretary of the Senate'', $6,200,000, of which
$4,200,000 shall remain available until September 30, 2015;
and ``Contingent Expenses of the Senate, Sergeant at Arms and
Doorkeeper of the Senate'', $142,401,000.
Sec. 1902. Notwithstanding section 1101, the level for
each of the following accounts of the Senate under the
heading ``Contingent Expenses of the Senate'' shall be as
follows: ``Miscellaneous Items'', $21,145,000; ``Senators'
Official Personnel and Office Expense Account'',
$410,000,000: Provided, That each Senator's official
personnel and office expense allowance (including the
allowance for administrative and clerical assistance, the
salaries allowance for legislative assistance to Senators, as
authorized by the Legislative Branch Appropriation Act, 1978
(Public Law 95-94), and the office expense allowance for each
Senator's office for each State) in effect immediately before
the date of enactment of this section shall be reduced by 5
percent.
Sec. 1903. Of the unobligated amounts appropriated for
fiscal year 2009 under the heading ``Senate'', $33,500,000
are rescinded.
Sec. 1904. Section 8 of the Legislative Branch
Appropriations Act, 1990 (31 U.S.C. 1535 note) is amended by
striking paragraph (3) and inserting the following:
``(3) Agreement under paragraph (1) shall be in accordance
with regulations prescribed by the Committee on Rules and
Administration of the Senate.''.
Sec. 1905. Notwithstanding section 1101, the level for
``House of Representatives, Salaries and Expenses'' shall be
$1,288,299,072.
Sec. 1906. Notwithstanding section 1101, the level for
``House of Representatives, House Leadership Offices'' shall
be $24,861,969, and the levels under that heading shall be as
follows:
(1) For the Office of the Speaker, $4,877,851.
(2) For the Office of the Majority Floor Leader,
$2,432,808.
(3) For the Office of the Minority Floor Leader,
$4,378,238.
(4) For the Office of the Majority Whip, $2,105,373.
(5) For the Office of the Minority Whip, $1,628,873.
(6) For the Speaker's Office for Legislative Floor
Activities, $497,619.
(7) For the Republican Steering Committee, $940,674.
(8) For the Republican Conference, $1,679,970.
(9) For the Republican Policy Committee, $344,485.
(10) For the Democratic Steering and Policy Committee,
$1,319,273.
(11) For the Democratic Caucus, $1,659,696.
(12) For nine minority employees, $1,487,455.
(13) For the training and program development--majority,
$277,807.
(14) For the training and program development--minority,
$277,439.
(15) For Cloakroom Personnel--majority, $477,469.
(16) For Cloakroom Personnel--minority, $476,939.
Sec. 1907. Notwithstanding section 1101, the level for
``House of Representatives, Members' Representational
Allowances'' shall be $613,052,000.
Sec. 1908. Notwithstanding section 1101, the level for
``House of Representatives, Committee Employees, Standing
Committees, Special and Select'' shall be $132,449,103, the
period of applicability referred to in the proviso under that
heading shall be December 31, 2012, and none of the funds
made available under that heading may be used for committee
room upgrading.
Sec. 1909. Notwithstanding section 1101, the level for
``House of Representatives, Committee on Appropriations''
shall be $28,483,000, and the period of applicability
referred to in the proviso under that heading shall be
December 31, 2012.
Sec. 1910. Notwithstanding section 1101, the level for
``House of Representatives, Salaries, Officers and
Employees'' shall be $184,386,000, and the level under that
heading--
(1) for the Office of the Clerk shall be $26,568,000;
(2) for the Office of the Sergeant at Arms shall be
$8,221,000; and
(3) for the Office of the Chief Administrative Officer
shall be $121,676,000.
Sec. 1911. Notwithstanding section 1101, the level for
``House of Representatives, Allowances and Expenses'' shall
be $305,067,000, and the level under that heading--
(1) for employee tuition assistance benefit payments shall
be $0;
(2) for employee child care benefit payments shall be $0;
(3) for Business Continuity and Disaster Recovery shall be
$17,000,000, of which $5,000,000 shall remain available until
expended;
(4) for the Wounded Warrior Program shall be $2,000,000;
and
(5) for Energy Demonstration Projects shall be $0.
Sec. 1912. Notwithstanding section 1101, the level under
the heading ``Office of the Attending Physician'' under the
heading ``Joint Items'' shall be $3,407,000 and the amount
for reimbursement to the Department of the Navy for expenses
incurred for staff and equipment assigned to the Office of
the Attending Physician shall be $2,426,000.
Sec. 1913. Notwithstanding section 1101, the level for
``Capitol Police, Salaries'' shall be $276,287,000.
Sec. 1914. Notwithstanding section 1101, the level for
``Capitol Police, General Expenses'' shall be $57,985,000.
Sec. 1915. Notwithstanding section 1101, the level for
``Office of Compliance, Salaries and Expenses'' shall be
$4,085,150.
Sec. 1916. Notwithstanding section 1101, the level for
``Congressional Budget Office, Salaries and Expenses'' shall
be $46,905,000.
Sec. 1917. Notwithstanding section 1101, the level and
period of availability for each item under the heading
``Architect of the Capitol'' shall be determined in
accordance with an allocation plan submitted by the Architect
of the Capitol and approved by the Committees on
Appropriations of the House of Representatives and Senate,
except that--
(1) the aggregate level for all items under that heading
may not exceed $579,665,000; and
(2) no amounts may remain available for any item under such
plan beyond September 30, 2015.
Sec. 1918. Of the unobligated amounts appropriated under
the heading ``Architect of the Capitol'' from prior year
appropriations for the Capitol Visitors Center project,
$20,000,000 are rescinded.
Sec. 1919. Notwithstanding section 1101, the level for
``Library of Congress, Salaries and Expenses'' shall be
$441,201,000, and the amount applicable under the fifth,
sixth, and seventh provisos under that heading shall be $0.
Sec. 1920. Notwithstanding section 1101, the level for
``Library of Congress, Copyright Office, Salaries and
Expenses'' shall be $55,476,000, of which not more than
$31,751,000, to remain available until expended, shall be
derived from collections credited to this appropriation
during fiscal year 2011 under section 708(d) of title 17,
United States Code, and the amount applicable under the third
proviso under such heading shall be $37,612,000.
Sec. 1921. Notwithstanding section 1101, the level for
``Library of Congress, Congressional Research Service,
Salaries and Expenses'' shall be $111,240,000.
Sec. 1922. Notwithstanding section 1101, the level for
``Library of Congress, Books for the Blind and Physically
Handicapped, Salaries and Expenses'' shall be $68,442,000.
Sec. 1923. Notwithstanding section 1101, the level for
``Government Printing Office, Government Printing Office
Revolving Fund'' shall be $3,659,000.
Sec. 1924. (a) Section 309(c) of the Legislative Branch
Appropriations Act, 1999 (44 U.S.C. 305 note) is amended by
striking paragraph (5).
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 1999.

[[Page S1300]]

Sec. 1925. Notwithstanding section 1101, the level for
``Government Accountability Office, Salaries and Expenses''
shall be $547,849,000, the amount applicable under the first
proviso under that heading shall be $9,400,000, the amount
applicable under the second proviso under that heading shall
be $3,100,000, and the amount applicable under the third
proviso under that heading shall be $7,000,000.

TITLE X--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES

Sec. 2001. Notwithstanding section 1101, the level for
each of the following accounts of the Department of Defense
for funding, including incremental funding, of programs,
projects and activities authorized in division B of Public
Law 111-383, excluding funds designated by section 1110 of
this division, shall be as follows: ``Military Construction,
Army'', $3,793,598,000; ``Military Construction, Navy and
Marine Corps'', $3,258,020,000; ``Military Construction, Air
Force'', $1,214,295,000; ``Military Construction, Defense-
Wide'', $2,833,062,000; ``Military Construction, Army
National Guard'', $873,664,000; ``Military Construction, Air
National Guard'', $194,986,000; ``Military Construction, Army
Reserve'', $318,175,000; ``Military Construction, Navy
Reserve'', $61,557,000; and ``Military Construction, Air
Force Reserve'', $7,832,000.
Sec. 2002. Notwithstanding section 1101, the level for
each of the following accounts of the Department of Defense
shall be as follows: ``Family Housing Construction, Army'',
$92,369,000; ``Family Housing Construction, Navy and Marine
Corps'', $186,444,000; ``Family Housing Construction, Air
Force'', $78,025,000; ``Family Housing Construction, Defense-
Wide'', $0; and ``Family Housing Improvement Fund'',
$1,096,000.
Sec. 2003. Notwithstanding section 1101, the level for
each of the following accounts of the Department of Defense
shall be as follows: ``North Atlantic Treaty Organization
Security Investment Program'', $258,884,000; ``Homeowners
Assistance Fund'', $16,515,000; ``Chemical Demilitarization
Construction, Defense-Wide'', $124,971,000; ``Department of
Defense Base Closure Account 1990'', $360,474,000; and
``Department of Defense Base Closure Account 2005'',
$2,354,285,000.
Sec. 2004. Notwithstanding section 1101, the level for
each of the following accounts of the Department of Defense
shall be as follows: ``Family Housing Operation and
Maintenance, Army'', $518,140,000; ``Family Housing Operation
and Maintenance, Navy and Marine Corps'', $366,346,000;
``Family Housing Operation and Maintenance, Air Force'',
$513,792,000; and ``Family Housing Operation and Maintenance,
Defense-Wide'', $50,464,000.
Sec. 2005. Notwithstanding any other provision of this
division, the following provisions included in title I of
division E of Public Law 111-117 shall not apply to funds
made available by this division: the first, second, and last
provisos, and the set-aside of $350,000,000, under the
heading ``Military Construction, Army''; the first and last
provisos under the heading ``Military Construction, Navy and
Marine Corps''; the first, second, and last provisos under
the heading ``Military Construction, Air Force''; the second,
third, fourth, and last provisos under the heading ``Military
Construction, Defense-Wide'', the first, second and last
provisos, and the set-aside of $30,000,000, under the heading
``Military Construction, Army National Guard''; the first,
second, and last provisos, and the set-aside of $30,000,000,
under the heading ``Military Construction, Air National
Guard''; the first, second, and last provisos, and the set-
aside of $30,000,000, under the heading ``Military
Construction, Army Reserve''; the first, second, and last
provisos, the set-aside of $20,000,000, and the set-aside of
$35,000,000, under the heading ``Military Construction, Navy
Reserve''; the first, second, and last provisos, and the set-
aside of $55,000,000, under the heading ``Military
Construction, Air Force Reserve''; the proviso under the
heading ``Family Construction, Army''; the proviso under the
heading ``Family Housing Construction, Navy and Marine
Corps''; the proviso under the heading ``Family Housing
Construction , Air Force''; the proviso under the heading
``Family Housing Construction, Defense-Wide''; and the
proviso under the heading ``Chemical Demilitarization
Construction, Defense-Wide''.
Sec. 2006. (a) Of the funds made available in title II of
division E of Public Law 111-117, the following amounts which
became available on October 1, 2010 are hereby rescinded from
the following accounts in the amounts specified:
``Medical Services'', Department of Veterans Affairs,
$1,000,000,000;
``Medical Support and Compliance'', Department of Veterans
Affairs, $200,000,000; and
``Medical Facilities'', Department of Veterans Affairs,
$350,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following
accounts in the amounts specified, to remain available until
September 30, 2012:
``Medical Services'', Department of Veterans Affairs,
$1,000,000,000;
``Medical Support and Compliance'', Department of Veterans
Affairs, $200,000,000; and
``Medical Facilities'', Department of Veterans Affairs,
$350,000,000.
Sec. 2007. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental
Administration, General Operating Expenses'' shall be
$2,546,276,000, of which not less than $2,148,776,000 shall
be for the Veterans Benefits Administration.
Sec. 2008. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental
Administration, Information Technology Systems'' shall be
$3,146,898,000.
Sec. 2009. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental
Administration, Construction, Major Projects'' shall be
$1,151,036,000: Provided, That not later than 30 days after
the date of the enactment of this section, the Secretary of
Veterans Affairs shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spending plan for fiscal year 2011 at a level of detail
below the account level: Provided further, That the last
proviso included in title I of division E of Public Law 111-
117 under the heading ``Department of Veterans Affairs,
Departmental Administration, Construction, Major Projects''
shall not apply to funds appropriated by this division.
Sec. 2010. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental
Administration, Construction, Minor Projects'' shall be
$467,700,000.
Sec. 2011. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental
Administration, Grants for Construction of State Extended
Care Facilities'' shall be $85,000,000.
Sec. 2012. Notwithstanding section 1101, the level for
``American Battle Monuments Commission, Salaries and
Expenses'' shall be $64,200,000, to remain available until
expended.
Sec. 2013. Notwithstanding section 1101, the level for
``Department of Defense--Civil, Cemeterial Expenses, Army,
Salaries and Expenses'' shall be $45,100,000.
Sec. 2014. Notwithstanding section 1101, the level for
``Armed Forces Retirement Home, Trust Fund'' shall be
$71,200,000, of which $2,000,000 shall be for construction
and renovation of physical plants.
Sec. 2015. Notwithstanding any other provision of this
division, the following provisions included in title IV of
division E of Public Law 111-117 shall not apply to funds
appropriated by this division: the proviso under ``Military
Construction, Army'' and the proviso under ``Military
Construction, Air Force''.
Sec. 2016. Of the funds made available for ``Military
Construction, Defense-Wide'' in title I of division E of
Public Law 110-329, $23,000,000 are rescinded.
Sec. 2017. Of the funds made available for ``Military
Construction, Defense-Wide'' in title I of division E of
Public Law 111-117, $125,500,000 are rescinded.
Sec. 2018. Of the funds made available for ``Military
Construction, Army'' in title I of division E of Public Law
111-117, $263,000,000 are rescinded.
Sec. 2019. Of the funds made available for ``Military
Construction, Navy and Marine Corps'' in title I of division
E of Public Law 111-117, $34,000,000 are rescinded.
Sec. 2020. Of the funds made available for ``Military
Construction, Air Force'' in title I of division E of Public
Law 111-117, $87,000,000 are rescinded.
Sec. 2021. Of the unobligated balances available for
``Department of Defense Base Closure Account 2005'' from
prior appropriations (other than appropriations designated by
law as being for contingency operations directly related to
the global war on terrorism or as an emergency requirement),
$200,000,000 are rescinded.
Sec. 2022. Of the funds designated by section 1110 of this
division, funds available for the Department of Defense shall
be as follows: ``Military Construction, Army'', $981,346,000;
``Military Construction, Air Force'', $195,006,000; and
``Military Construction, Defense-Wide'', $46,500,000.
Sec. 2023. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2011 for ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``Construction, minor projects'', and
``Information technology systems'', up to $235,360,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of title XVII
of division A of Public Law 111-84 and may be used for
operation of the facilities designated as a combined Federal
medical facility as described by section 706 of Public Law
110-417: Provided, That additional funds may be transferred
from accounts designated in this section to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
Sec. 2024. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for health care provided at facilities
designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417 shall also be
available: (1) for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of Public Law
111-84; and (2) for operations of the facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417.

[[Page S1301]]

Sec. 2025. Of the funds made available for ``Department of
Veterans Affairs, Departmental Administration, Information
technology systems'' in division E of Public Law 111-117,
$147,000,000 are rescinded.
Sec. 2026. Of the amounts appropriated or otherwise made
available under the following headings in title X of division
A of Public Law 111-5, the following amounts associated with
unobligated balances are hereby rescinded: ``Military
Construction, Army'', $9,400,000; ``Military Construction,
Navy'', $22,700,000; ``Military Construction, Air Force'',
$9,000,000; and ``Military Construction, Defense-Wide'',
$92,900,000.
Sec. 2027. Of the unobligated balances available under
``Department of Veterans Affairs, Construction, Major
Projects'' from prior appropriations Acts, $75,000,000 are
hereby rescinded.
Sec. 2028. In the Senate, section 902 of Public Law 111-
212, the Supplemental Appropriations Act, 2010, shall be
subject to section 3002 of that Act and accordingly is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.

TITLE XI--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

Sec. 2101. For purposes of this division, the term
``division F of Public Law 111-117'' means the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117).
Sec. 2102. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``Administration of Foreign Affairs, Diplomatic and Consular
Programs'', $8,936,000,000, of which $1,535,500,000 is for
Worldwide Security Protection (to be available until
expended); ``Administration of Foreign Affairs, Capital
Investment Fund'', $97,000,000; ``Administration of Foreign
Affairs, Educational and Cultural Exchange Programs'',
$625,000,000; ``Administration of Foreign Affairs,
Representation Allowances'', $7,499,000; ``Administration of
Foreign Affairs, Payment to the American Institute in
Taiwan'', $21,150,000; and ``Administration of Foreign
Affairs, Civilian Stabilization Initiative'', $33,499,000.
Sec. 2103. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``International Organizations, Contributions to International
Organizations'', $1,545,000,000; ``International
Organizations, Contributions for International Peacekeeping
Activities'', $2,095,000,000; ``Related Programs, United
States Institute of Peace'', $39,499,000, which shall not be
used for construction activities; ``Related Programs, East-
West Center'', $21,000,000; and ``International Commissions,
International Fisheries Commissions'', $50,500,000.
Sec. 2104. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``International Commissions, International Boundary and Water
Commission, United States and Mexico, Salaries and
Expenses'', $43,300,000; ``International Commissions,
International Boundary and Water Commission, United States
and Mexico, Construction'', $26,500,000; ``Related Programs,
The Asia Foundation'', $17,900,000; ``Other Commissions,
United States Commission on International Religious Freedom,
Salaries and Expenses'', $4,050,000; ``Other Commissions,
Congressional-Executive Commission on the People's Republic
of China, Salaries and Expenses'', $1,900,000; and ``Other
Commissions, United States-China Economic and Security Review
Commission'', $3,300,000.
Sec. 2105. Notwithstanding section 1101, the level for the
following accounts shall be as follows: ``Related Agency,
Broadcasting Board of Governors, International Broadcasting
Operations'', $733,499,000; and ``Related Agency,
Broadcasting Board of Governors, Broadcasting Capital
Improvements'', $6,875,000.
Sec. 2106. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows: ``United
States Agency for International Development, Funds
Appropriated to the President, Operating Expenses'',
$1,385,499,000; ``United States Agency for International
Development, Funds Appropriated to the President, Civilian
Stabilization Initiative'', $10,000,000; ``United States
Agency for International Development, Funds Appropriated to
the President, Capital Investment Fund'', $165,000,000; and
``United States Agency for International Development, Funds
Appropriated to the President, Office of Inspector General'',
$45,000,000.
Sec. 2107. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``Bilateral Economic Assistance, Funds Appropriated to the
President, Development Assistance'', $2,500,000,000;
``Bilateral Economic Assistance, Funds Appropriated to the
President, Complex Crises Fund'', $45,000,000; ``Bilateral
Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia'',
$697,134,000; ``Bilateral Economic Assistance, Independent
Agencies, Peace Corps'', $395,000,000; and ``Bilateral
Economic Assistance, Independent Agencies, Millennium
Challenge Corporation'', $900,000,000.
Sec. 2108. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``Bilateral Economic Assistance, Funds Appropriated to the
President, Economic Support Fund'', $6,250,000,000;
``Bilateral Economic Assistance, Funds Appropriated to the
President, Democracy Fund'', $115,000,000; ``Department of
the Treasury, International Affairs Technical Assistance'',
$25,919,000; and ``Department of the Treasury, Debt
Restructuring'', $56,000,000.
Sec. 2109. Notwithstanding section 1101, the level for the
following account shall be as follows: ``Bilateral Economic
Assistance, Funds Appropriated to the President,
International Disaster Assistance'', $879,000,000.
Sec. 2110. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``International Security Assistance, Department of State,
International Narcotics Control and Law Enforcement'',
$1,565,000,000; ``International Security Assistance,
Department of State, Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $740,000,000; and
``International Security Assistance, Department of State,
Peacekeeping Operations'', $305,000,000: Provided, That
division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading
``Peacekeeping Operations'' by adding the following at the
end: ``: Provided further, That funds appropriated under
this heading should not be used to support any military
training or operations that include child soldiers''.
Sec. 2111. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``International Security Assistance, Funds Appropriated to
the President, Pakistan Counterinsurgency Capability Fund'',
$700,000,000, which shall remain available until September
30, 2012, and shall be available to the Secretary of State
under the terms and conditions provided for this Fund in
title XI of Public Law 111-32 and section 1005 of Public Law
111-212; ``International Security Assistance, Funds
Appropriated to the President, Foreign Military Financing
Program'', $5,365,000,000, of which not less than
$3,000,000,000 shall be available for grants only for Israel,
$1,300,000,000 shall be available for grants only for Egypt,
$300,000,000 shall be available for assistance for Jordan,
and up to $45,000,000 shall be available for assistance for
Colombia: Provided, That the dollar amount in the fourth
proviso under the heading ``International Security
Assistance, Funds Appropriated to the President, Foreign
Military Financing Program'' in division F of Public Law 111-
117 shall be deemed to be $789,000,000 for the purpose of
applying funds appropriated under such heading by this
division.
Sec. 2112. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``Multilateral Assistance, Funds Appropriated to the
President, International Organizations and Programs'',
$369,000,000; ``Multilateral Assistance, Funds Appropriated
to the President, Global Environment Facility'',
$125,499,000; ``Multilateral Assistance, Funds Appropriated
to the President, International Financial Institutions,
Contribution to the International Development Association'',
$1,235,000,000; ``Multilateral Assistance, Funds Appropriated
to the President, Contribution to the Clean Technology
Fund'', $250,000,000; ``Multilateral Assistance, Funds
Appropriated to the President, Contribution to the Strategic
Climate Fund'', $85,000,000; ``Multilateral Assistance, Funds
Appropriated to the President, Contribution to the Inter-
American Development Bank, Inter-American Investment
Corporation'', $21,000,000; ``Multilateral Assistance, Funds
Appropriated to the President, International Financial
Institutions, Contribution to the African Development Fund'',
$125,000,000; and ``Multilateral Assistance, Funds
Appropriated to the President, International Financial
Institutions, International Fund for Agricultural
Development'', $29,500,000.
Sec. 2113. Notwithstanding section 1101, for payment as a
contribution to a global food security fund by the Secretary
of the Treasury, $200,000,000, to remain available until
expended.
Sec. 2114. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows: ``Export
and Investment Assistance, Overseas Private Investment
Corporation, Program Account'', $18,115,000; and ``Export and
Investment Assistance, Funds Appropriated to the President,
Trade and Development Agency'', $51,252,000.
Sec. 2115. For purposes of the amount made available by
this division for ``Export and Investment Assistance, Export-
Import Bank of the United States, Administrative Expenses'',
project specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
costs for systems infrastructure directly supporting
transactions, shall not be considered administrative
expenses.
Sec. 2116. (a) Notwithstanding section 1101, the amounts
included under the heading ``Administration of Foreign
Affairs, Embassy Security, Construction and Maintenance'' in
division F of Public Law 111-117 shall be applied to funds
appropriated by this division as follows: by substituting
``$835,000,000'' for ``$876,850,000'' in the first paragraph;
and by substituting ``$795,000,000'' for ``$847,300,000'' in
the second paragraph.
(b) Notwithstanding section 1101, the amounts included
under the heading ``Bilateral Economic Assistance, Funds
Appropriated to the President, Development Credit Authority''
in division F of Public Law 111-117 shall be applied to funds
appropriated by this division as follows: by substituting
``$30,000,000'' for ``$25,000,000'' in the first

[[Page S1302]]

paragraph; and by substituting ``$8,300,000'' for
``$8,600,000'' in the second paragraph.
Sec. 2117. Notwithstanding section 1101, the amounts
included under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President, Global Health and Child
Survival'' in division F of Public Law 111-117 shall be
applied to funds appropriated by this division as follows: by
substituting in the first paragraph ``$2,525,000,000'' for
``$2,420,000,000''; and by substituting ``$5,355,000,000''
for ``$5,359,000,000'' in the second paragraph.
Sec. 2118. Notwithstanding section 1101, the amounts
included under the heading ``Administration of Foreign
Affairs, Office of Inspector General'' in division F of
Public Law 111-117 shall be applied to funds appropriated by
this division as follows: by substituting ``$22,000,000'' for
``$23,000,000'' for the Special Inspector General for Iraq
Reconstruction and ``$24,000,000'' for ``$23,000,000'' for
the Special Inspector General for Afghanistan Reconstruction.
Sec. 2119. Notwithstanding section 1101, the level for
each of the following accounts shall be $0: ``Administration
of Foreign Affairs, Buying Power Maintenance Account'';
``Bilateral Economic Assistance, Funds Appropriated to the
President, International Fund for Ireland''; and
``Multilateral Assistance, Funds Appropriated to the
President, Contribution to the Asian Development Fund''.
Sec. 2120. (a) Of the unobligated balances available from
funds appropriated under the heading ``Export and Investment
Assistance, Export-Import Bank of the United States, Subsidy
Appropriation'' in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009
(division H of Public Law 111-8) and under such heading in
prior acts making appropriations for the Department of State,
foreign operations, and related programs, $160,000,000 are
rescinded.
(b) Of the unobligated balances from funds appropriated or
otherwise made available for the Buying Power Maintenance
Account, $15,000,000 are rescinded.
(c) Of the unobligated balances available for the
Development Assistance account, as identified by Treasury
Appropriation Fund Symbols 7206/111021, $1,000,000 are
rescinded.
(d) Of the unobligated balances available for the
Assistance for the Independent States of the Former Soviet
Union account, as identified by Treasury Appropriation Fund
Symbols 7206/111093, 7207/121093, and 72X1093, $11,700,000
are rescinded.
(e) Of the unobligated balances available for the
International Narcotics Control and Law Enforcement account,
as identified by Treasury Appropriation Fund Symbols,
11X1022, 1106/121022, and 191105/111022, $7,183,000 are
rescinded.
(f) Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Diplomatic and Consular Programs'', $55,000,000, which
shall be from amounts made available for Worldwide Security
Protection, are rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
(g) Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Administration of Foreign Affairs, Embassy Security,
Construction, and Maintenance'', $115,000,000 are rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Act of 1985, as
amended.
(h) Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading
``Bilateral Economic Assistance, Funds Appropriated to the
President, Economic Support Fund'', $100,000,000 are
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Act of
1985, as amended.
Sec. 2121. (a) Notwithstanding section 653(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2413(b)), the
President shall transmit to Congress the report required
under section 653(a) of that Act with respect to the
provision of funds appropriated or otherwise made available
by this division for the Department of State, foreign
operations, and related programs: Provided, That such report
shall include a comparison of amounts, by category of
assistance, provided or intended to be provided from funds
appropriated for fiscal years 2010 and 2011, for each foreign
country and international organization.
(b) Not later than 30 days after the date of enactment of
this division, each department, agency or organization funded
by this title or by division F of Public Law 111-117 shall
submit to the Committees on Appropriations an operating plan
for such funds that provides details at the program, project,
and activity level: Provided, That the report required under
subsection (a) shall be considered to have met the
requirements of this subsection with respect to funds made
available to carry out the Foreign Assistance Act of 1961 and
the Arms Export Control Act: Provided further, That the
spending reports required in division F of Public Law 111-117
for assistance for Afghanistan, Pakistan, Iraq, the Caribbean
Basin, Lebanon, Mexico, and Central America, and spending
reports required for funds appropriated under the headings
``Diplomatic and Consular Programs'', ``Embassy Security,
Construction, and Maintenance'', ``International Narcotics
Control and Law Enforcement'', ``Civilian Stabilization
Initiative'', and ``Peace Corps'' shall be considered to have
met the requirements of this subsection.
(c) The reports required under subsection (b) shall not be
considered as meeting the notification requirements under
section 7015 of division F of Public Law 111-117 or under
section 634A of the Foreign Assistance Act of 1961.
Sec. 2122. (a) Notwithstanding any other provision of this
division, the dollar amounts under paragraphs (1) through (4)
under the heading ``Administration of Foreign Affairs,
Diplomatic and Consular Programs'' in division F of Public
Law 111-117 shall not apply to funds appropriated by this
division: Provided, That the dollar amounts to be derived
from fees collected under paragraph (5)(A) under such heading
shall be ``$1,702,904'' and ``$505,000'' respectively.
(b) Division F of Public Law 111-117 shall be applied to
funds appropriated by this division under the heading
``Contributions for International Peacekeeping Activities''
by adding the following at the end: ``: Provided further,
That the Secretary of State should work with the United
Nations and governments contributing peacekeeping troops to
develop effective vetting procedures to ensure that such
troops have not violated human rights''.
(c) Division F of Public Law 111-117 shall be applied to
funds appropriated by this division under the heading
``United States Agency for International Development, Funds
Appropriated to the President, Operating Expenses'' by
substituting ``USAID mission, bureau or office'' for ``USAID
overseas mission or office'' in the sixth proviso.
(d) Division F of Public Law 111-117 shall be applied to
funds appropriated by this division under the heading
``Economic Support Fund'' by substituting ``$200,000,000''
for ``$150,000,000'' in the seventh proviso and
``$195,000,000'' for ``209,790,000'' in the sixteenth
proviso.
(e) Notwithstanding any other provision of this division,
the following provisions in division F of Public Law 111-117
shall not apply to funds appropriated by this division:
(1) Section 7034(l).
(2) Section 7042(a), (b)(1), (c), and (d)(1).
(3) Section 7044(d).
(4) In section 7045:
(A) Subsection (b)(2).
(B) The first sentence of subsection (c).
(C) The first sentence of subsection (e)(1).
(D) The first sentence of subsection (f).
(E) Subsection (h).
(5) Section 7070(b).
(6) Section 7071(f)(6).
(7) The third proviso under the heading ``Administration of
Foreign Affairs, Civilian Stabilization Initiative''.
(8) The fourth proviso under the heading ``Bilateral
Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia''.
(9) Section 7090.
(10) The ninth proviso under the heading ``Millennium
Challenge Corporation''.
(f) Section 7081 of division F of Public Law 111-117 shall
be applied to funds appropriated by this division by
substituting ``Funds appropriated by this division'' for ``Of
the funds appropriated by this Act, up to $1,257,200,000'' in
subsection (a); by substituting ``$35,000,000'' for
``$25,000,000'' in the first sentence of subsection (d); by
substituting ``Provided further, That funds appropriated
under title III of this Act for tropical forest programs
shall be used for purposes including to implement and enforce
section 8204 of Public Law 110-246, shall not be used to
support or promote the expansion of industrial scale logging
into primary tropical forests, and shall be subject to prior
consultation with, and the regular notification of, the
Committees on Appropriations:'' for the second proviso in
subsection (d); and by substituting ``For fiscal year 2011,
up to $250,000,000'' for ``For fiscal year 2010, up to
$300,000,000'' in subsection (g)(1).
(g) Section 7042 of division F of Public Law 111-117 shall
be applied to funds appropriated by this division by
substituting ``$552,900,000'' for the dollar amount in
subsection (f)(1).
(h) Section 7015(f) of division F of Public Law 111-117 is
amended by inserting ``Afghanistan, Burma, Yemen,'' after
``Sri Lanka,''.
(i) The third proviso of section 7034(s) of division F of
Public Law 111-117 shall be applied to funds appropriated by
this division by substituting ``shall'' for ``should''.
(j) Section 7070(i)(2) of division F of Public Law 111-117
is amended to read as follows: ``None of the funds
appropriated by this Act shall be made available for
assistance for the central government of Zimbabwe, except for
health, education and macroeconomic growth assistance, unless
the Secretary of State makes a determination pursuant to
paragraph (1).''.
(k) Section 2(c) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601(c)(2)) is amended in paragraph
(1) by striking ``President'' and inserting ``Secretary of
State'' and in paragraph (2) by striking ``$100,000,000'' and
inserting ``$200,000,000''.

[[Page S1303]]

(l) Notwithstanding any other provision of this division,
Section 7015(c) of division F of Public Law 111-117 shall not
apply to funds appropriated by this division under the
headings ``Complex Crises Fund'' and ``Migration and Refugee
Assistance''.
(m) Section 102(b)(1) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by
striking ``September 1'' and inserting ``April 1''.
(n) Section 410(a)(1)(A) of title IV of the Department of
State and Related Agencies Appropriations Act, 1999
(contained in division A of Public Law 105-277) is amended by
striking ``a fee of $13'' and inserting ``a fee of not to
exceed half of the amount of the fee that would otherwise
apply for processing a machine readable combined border
crossing identification card and non-immigrant visa, and may
be increased not more than 50 percent in a fiscal year''.
(o) Section 7046(a) of division F of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting ``$455,000,000'' for ``$521,880,000''.
Sec. 2123. (a) The first and second provisos under the
heading ``Economic Support Fund'' in division F of Public Law
111-117 shall be applied to funds appropriated by this title
by substituting the following: ``Provided, That of the funds
appropriated under this heading, up to $250,000,000 shall be
available for assistance for Egypt: Provided further, That
any such assistance made available to the Government of Egypt
shall be for purposes that reduce poverty, promote good
governance, protect human rights, and support free and fair
elections: Provided further, That of the funds appropriated
under this heading for assistance for Egypt, not less than
$35,000,000 should be made available directly for assistance
for civil society organizations and the development of
political parties, and not less than $35,000,000 should be
made available for education programs including not less than
$10,000,000 for scholarships for Egyptian students with high
financial need''.
(b) The third proviso under the heading ``Economic Support
Fund'' in division F of Public Law 111-117 shall be applied
to funds appropriated by this division by substituting
``should'' for ``shall'', and the tenth proviso under such
heading shall be applied to funds appropriated by this
division by substituting the following: ``Provided further,
That funds appropriated or otherwise made available by this
division for assistance for Afghanistan and Pakistan may not
be made available for direct government-to-government
assistance unless the Secretary of State certifies to the
Committees on Appropriations that the relevant implementing
agency has been assessed and considered qualified to manage
such funds and the Government of the United States and the
government of the recipient country have agreed, in writing,
to clear and achievable goals and objectives for the use of
such funds, and have established mechanisms within each
implementing agency to ensure that such funds are used for
the purposes for which they were intended:''.
(c) The second proviso under the heading ``International
Security Assistance, Department of State, Peacekeeping
Operations'' in division F of Public Law 111-117 shall be
applied by substituting the following: ``Provided further,
That up to $55,918,000 may be used to pay assessed expenses
of international peacekeeping activities in Somalia, except
that up to an additional $35,000,000 may be made available
for such purpose subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations:''.
(d) Section 7034(m)(5) of division F of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting ``should'' for ``shall'' in the first place it
appears, and by adding at the end the following: ``:
Provided, That not less than $15,000,000 shall be transferred
to, and merged with, funds available under the heading
`Related Agency, Broadcasting Board of Governors,
International Broadcasting Operations', to remain available
until September 30, 2012, to carry out the purposes of this
subsection including to hire additional individuals to
administer such funds''.
(e) Section 7034(n) of division F of Public Law 111-117
shall be applied to funds appropriated by this division by
adding the following at the end: ``: Provided, That none of
the funds appropriated or otherwise made available by this
division or any other Act making appropriations for the
Department of State, foreign operations, and related programs
may be used to implement phase 3 of such authority''.
(f) Section 7042 of division F of Public Law 111-117 shall
be applied to funds appropriated by this division by
substituting the following for the proviso in subsection
(d)(2): ``: Provided, That funds may not be made available
for obligation until the Secretary of State determines and
reports to the Committees on Appropriations that funds
provided are in the national security interest of the United
States and provides the Committees on Appropriations a
detailed spending plan''.
(g) Section 7043 of division F of Public Law 111-117 shall
be applied to funds appropriated by this division by
substituting the following for subsection (b):
``(b) Limitation.--None of the funds appropriated or
otherwise made available by this division under the heading
`Export-Import Bank of the United States' may be used by the
Export-Import Bank of the United States to provide any new
financing (including loans, guarantees, other credits,
insurance, and reinsurance) to any person that is subject to
sanctions under paragraph (2) or (3) of section 5(a) of the
Iran Sanctions Act of 1996 (Public Law 104-172).''.
(h) Section 7045(b) of division F of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting the following for paragraph (2):
``(2) Of the funds appropriated under the heading
`Department of the Treasury, Debt Restructuring' in this
division, up to $36,000,000 may be made available for the
United States share of an increase in the resources of the
Fund for Special Operations of the Inter-American Development
Bank in furtherance of providing debt relief to Haiti in view
of the Cancun Declaration of March 21, 2010.''.
(i) Section 7059(c) of division F of Public Law 111-117 is
amended by striking ``may'' and inserting in lieu thereof
``should''.
(j) Section 7059(l) of division F of Public Law 111-117 is
amended by striking ``30'' and inserting in lieu thereof
``85''.
(k) Section 7071(b) of division F of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting ``$37,500,000'' for ``$36,500,000'' in paragraph
(2).
(l) Section 7071(j) of division F of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting the following: ``Of the funds appropriated under
the heading `Economic Support Fund', not less than
$21,000,000 shall be made available for assistance for
Vietnam for remediation of dioxin contaminated sites
including not less than $3,000,000 for related health and
disability activities, and may be made available for
assistance for the Government of Vietnam, including the
military, for such purposes.''.
(m) Section 404(b)(2)(B) of Public Law 103-236 is amended
by adding the following at the end:
``(vii) For assessments made during calendar year 2011,
27.2 percent.''.
(n) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2010'' and
inserting ``2010, and 2011''; and
(B) in subsection (e), by striking ``2010'' each place it
appears and inserting ``2011''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2010'' and inserting ``2011''.
Sec. 2124. (a) In General.--Subsections (b) through (d) of
this section shall apply to funds appropriated by this
division in lieu of section 7076 of division F of Public Law
111-117.
(b) Limitation.--None of the funds appropriated or
otherwise made available by this division under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' may be obligated for assistance
for the Government of Afghanistan until the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development (USAID),
certifies and reports to the Committees on Appropriations the
following:
(1) The Government of Afghanistan is--
(A) demonstrating a commitment to reduce corruption and
improve governance, including by investigating, prosecuting,
and sanctioning or removing corrupt officials from office and
to implement financial transparency and accountability
measures for government institutions and officials (including
the Central Bank);
(B) taking significant steps to facilitate active public
participation in governance and oversight; and
(C) taking credible steps to protect the internationally
recognized human rights of Afghan women.
(2) There is a unified United States Government anti-
corruption strategy for Afghanistan.
(3) Funds will be programmed to support and strengthen the
capacity of Afghan public and private institutions and
entities to reduce corruption and to improve transparency and
accountability of national, provincial, and local
governments, as outlined in the spending plan submitted to
the Committees on Appropriations on October 26, 2010 (CN 10-
298).
(4) Representatives of Afghan national, provincial, or
local governments, local communities and civil society
organizations, as appropriate, will be consulted and
participate in the design of programs, projects, and
activities, including participation in implementation and
oversight, and the development of specific benchmarks to
measure progress and outcomes.
(5) Funds will be used to train and deploy additional
United States Government direct-hire personnel to improve
monitoring and control of assistance.
(6) A framework and methodology is being utilized to assess
national, provincial, local, and sector level fiduciary risks
relating to public financial management of United States
Government assistance.
(c) Assistance and Operations.--
(1) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' by this division that are available for
assistance for Afghanistan--
(A) shall be made available, to the maximum extent
practicable, in a manner that emphasizes the participation of
Afghan women, and directly improves the security, economic
and social well-being, and political

[[Page S1304]]

status, and protects the rights of, Afghan women and girls
and complies with sections 7062 and 7063 of division F of
Public Law 111-117, including support for the Afghan
Independent Human Rights Commission, the Afghan Ministry of
Women's Affairs, and women-led nongovernmental organizations;
(B) may be made available for a United States contribution
to an internationally managed fund to support the
reconciliation with and disarmament, demobilization and
reintegration into Afghan society of former combatants who
have renounced violence against the Government of
Afghanistan: Provided, That funds may be made available to
support reconciliation and reintegration activities only if--
(i) Afghan women are participating at national, provincial
and local levels of government in the design, policy
formulation and implementation of the reconciliation or
reintegration process, and such process upholds steps taken
by the Government of Afghanistan to protect the
internationally recognized human rights of Afghan women; and
(ii) such funds will not be used to support any pardon or
immunity from prosecution, or any position in the Government
of Afghanistan or security forces, for any leader of an armed
group responsible for crimes against humanity, war crimes, or
other violations of internationally recognized human rights;
(C) may be made available as a United States contribution
to the Afghanistan Reconstruction Trust Fund (ARTF) unless
the Secretary of State determines and reports to the
Committees on Appropriations that the World Bank Monitoring
Agent of the ARTF is unable to conduct its financial control
and audit responsibilities due to restrictions on security
personnel by the Government of Afghanistan; and
(D) may be made available for a United States contribution
to the North Atlantic Treaty Organization/International
Security Assistance Force Post-Operations Humanitarian Relief
Fund.
(2) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' by this division that are available for
assistance for Afghanistan that provide training for foreign
police, judicial, and military personnel shall address, where
appropriate, gender-based violence.
(3) The authority contained in section 1102(c) of Public
Law 111-32 shall continue in effect during fiscal year 2011
and shall apply as if part of this division.
(4) The Coordinator for Rule of Law at the United States
Embassy in Kabul, Afghanistan shall be consulted on the use
of all funds appropriated by this division for rule of law
programs in Afghanistan.
(5) None of the funds made available by this division may
be used by the United States Government to enter into a
permanent basing rights agreement between the United States
and Afghanistan.
(6) The Secretary of State, after consultation with the
USAID Administrator, shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
division, and prior to the initial obligation of funds for
assistance for Afghanistan, a detailed spending plan for such
assistance which shall include clear and achievable goals,
benchmarks for measuring progress, and expected results:
Provided, That such plan shall not be considered as meeting
the notification requirements under section 7015 of division
F of Public Law 111-117 or under section 634A of the Foreign
Assistance Act of 1961.
(d) Oversight.--
(1) The Special Inspector General for Afghanistan
Reconstruction, the Inspector General of the Department of
State and the Inspector General of USAID, shall jointly
develop and submit to the Committees on Appropriations within
45 days of enactment of this division a coordinated audit and
inspection plan of United States assistance for, and civilian
operations in, Afghanistan.
(2) Of the funds appropriated by this division under the
heading ``Economic Support Fund'' for assistance for
Afghanistan, $3,000,000 shall be transferred to, and merged
with, funds made available under the heading ``Administration
of Foreign Affairs, Office of Inspector General'' by this
division, for increased oversight of programs in Afghanistan
and shall be in addition to funds otherwise available for
such purposes: Provided, That $1,500,000 shall be for the
activities of the Special Inspector General for Afghanistan
Reconstruction.
(3) Of the funds appropriated by this division under the
heading ``Economic Support Fund'' for assistance for
Afghanistan, $1,500,000 shall be transferred to, and merged
with, funds appropriated under the heading ``United States
Agency for International Development, Funds Appropriated to
the President, Office of Inspector General'' by this division
for increased oversight of programs in Afghanistan and shall
be in addition to funds otherwise available for such
purposes.
(e) Modification to Prior Provisions.--
(1) Section 1004(c)(1)(C) of Public Law 111-212 is amended
to read as follows:
``(C) taking credible steps to protect the internationally
recognized human rights of Afghan women.''.
(2) Section 1004(d)(1) of Public Law 111-212 is amended to
read as follows:
``(1) Afghan women are participating at national,
provincial, and local levels of government in the design,
policy formulation, and implementation of the reconciliation
or reintegration process, and such process upholds steps
taken by the Government of Afghanistan to protect the
internationally recognized human rights of Afghan women;
and''.
(3) Section 1004(e)(1) of Public Law 111-212 is amended to
read as follows:
``(1) based on information available to the Secretary, the
Independent Electoral Commission has no members or other
employees who participated in, or helped to cover up, acts of
fraud in the 2009 presidential election in Afghanistan, and
the Electoral Complaints Commission is a genuinely
independent body with all the authorities that were invested
in it under Afghan law as of December 31, 2009; and''.
Sec. 2125. Prior to the disbursement of funds appropriated
by this division under the heading ``Foreign Military
Financing Program'' that are available for assistance for
Egypt, the Secretary of State should report to the Committees
on Appropriations that--
(1) a transparent, political transition is occurring that
includes the participation of a wide range of democratic
opposition and civil society leaders and is responsive to
their views;
(2) the emergency law and other laws restricting human
rights have been abrogated; protesters, political and social
activists and journalists are not being arrested, detained or
prosecuted for the peaceful exercise of their rights; and the
government is respecting freedoms of expression, assembly and
association; and
(3) legal and constitutional impediments to free and fair
presidential and parliamentary elections are being removed.
Sec. 2126. Of the funds appropriated by this division
under the heading ``Economic Support Fund'' that are
available for assistance for Tunisia, not less than
$5,000,000 should be made available directly for assistance
for civil society organizations and the development of
political parties.
Sec. 2127. The second paragraph under the heading
``Foreign Military Financing Program'' in division F of
Public Law 111-117 is amended by adding the following at the
end: ``: Provided further, That none of the funds
appropriated under this heading may be made available for
assistance for Libya''.
Sec. 2128. The second proviso in the second paragraph
under the heading ``Foreign Military Financing Program'' in
division F of Public Law 111-117 is amended by inserting
``Bahrain,'' after ``Nepal,''.
Sec. 2129. (a) Contribution to the Asian Development
Bank.--In addition to amounts otherwise made available by
this division, $106,586,000, to remain available until
expended, is appropriated for payment to the Asian
Development Bank by the Secretary of the Treasury for the
United States share of the paid-in portion of the increase in
capital stock.
(b) Limitation on Callable Capital Subscriptions.--The
United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $2,558,048,769.
(c) Amendment.--The Asian Development Bank Act (22 U.S.C.
285 et seq.), is amended by adding at the end the following:

``SEC. 33. NINTH REPLENISHMENT.

``(a) The United States Governor of the Bank is authorized
to contribute, on behalf of the United States, $461,000,000
to the ninth replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $461,000,000
for payment by the Secretary of the Treasury.

``SEC. 34. FIFTH CAPITAL INCREASE.

``(a) Subscription Authorized.--
``(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 1,104,420 additional shares
of the capital stock of the Bank.
``(2) Any subscription by the United States to capital
stock of the Bank shall be effective only to such extent or
in such amounts as are provided in advance in appropriations
Acts.
``(b) Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank provided for in subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $13,323,173,083, for payment by the Secretary of
the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $532,929,240 is authorized to be appropriated for
paid in shares of the Bank; and
``(B) $12,790,243,843 is authorized to be appropriated for
callable shares of the Bank, for payment by the Secretary of
the Treasury.''.

TITLE XII--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES

Sec. 2201. Notwithstanding section 1101, the level for
``Transportation Planning, Research, and Development'' shall
be $13,168,000.
Sec. 2202. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation
Administration, Operations'' shall be $9,542,983,000, of
which $4,559,000,000 shall be derived from the Airport and
Airway Trust Fund, of which no less than $7,473,299,000 shall
be for air traffic organization activities; no less than

[[Page S1305]]

$1,253,020,000 shall be for aviation regulation and
certification activities; not to exceed $15,237,000 shall be
available for commercial space transportation activities; not
to exceed $113,681,000 shall be available for financial
services activities; not to exceed $100,428,000 shall be
available for human resources program activities; not to
exceed $341,977,000 shall be available for region and center
operations and regional coordination activities; not to
exceed $196,063,000 shall be available for staff offices; and
not to exceed $49,278,000 shall be available for information
services.
Sec. 2203. Notwithstanding section 1101, the amounts
included under the heading ``Department of Transportation,
Federal Aviation Administration, Grants-in-Aid for Airports
(Liquidation of Contract Authorization)'' in division A of
Public Law 111-117 shall be applied to funds appropriated by
this Act by substituting ``$3,550,000,000'' for
``$3,000,000,000''.
Sec. 2204. Notwithstanding section 1101, the level
included under the heading ``Department of Transportation,
Federal Aviation Administration, Grants-In-Aid for Airports
(Limitations on Obligations)'' for administration shall be
$96,322,000.
Sec. 2205. Notwithstanding section 1101, the level of
funding for activities described in section 122 of title I of
division A of Public Law 111-117 shall be $0.
Sec. 2206. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Highway
Administration, Surface Transportation Priorities'' shall be
$0.
Sec. 2207. Unobligated balances of funds made available
for obligation under 23 U.S.C. 320, section 147 of Public Law
95-599, section 9(c) of Public Law 97-134, section 149 of
Public Law 100-17, and sections 1006, 1069, 1103, 1104, 1105,
1106, 1107, 1108, 6005, 6015, and 6023 of Public Law 102-240
are permanently rescinded. In addition, the unobligated
balance available on September 30, 2011, under section 1602
of the Transportation Equity Act for the 21st Century (Public
Law 105-178) for each project for which less than 10 percent
of the amount authorized for such project under such section
has been obligated is permanently rescinded. In addition, of
the amounts authorized for fiscal years 2005 through 2009 in
section 1101(a)(16) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59) to carry out the high priority projects
program under section 117 of title 23, United States Code,
that are not allocated for projects described in section 1702
of such Act, $8,190,335 are permanently rescinded.
Sec. 2208. Notwithstanding section 1101, the level for the
``Department of Transportation, Federal Motor Carrier Safety
Administration, Motor Carrier Safety Operations and Programs,
(Liquidation of Contract Authorization), (Limitation of
Contract Obligations), (Highway Trust Fund)'' shall be
$250,117,000.
Sec. 2209. Of the amount made available for ``Department
of Transportation, Motor Carrier Safety Grants, (Liquidation
of Contract Authorization), (Limitation on Obligations),
(Highway Trust Fund)'' for the commercial driver's license
information system modernization program, $3,000,000 shall be
made available for audits of new entrant motor carriers to
carry out section 4107(b) of Public Law 109-59, and 31104(a)
of title 49, United States Code, and $5,000,000 shall be made
available for the commercial driver's license improvements
program to carry out section 31313 of title 49, United States
Code.
Sec. 2210. Of the amounts made available for Safety Belt
Performance Grants under section 406 of title 23, United
States Code, $76,000,000 in unobligated balances are
permanently rescinded.
Sec. 2211. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad
Administration, Safety and Operations'' shall be
$176,950,000.
Sec. 2212. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad
Administration, Rail Line Relocation and Improvement
Program'' shall be $10,532,000.
Sec. 2213. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad
Administration, Capital Assistance for High Speed Rail
Corridors and Intercity Passenger Rail Service'' shall be
$1,000,000,000.
(a) Notwithstanding section 1101, the level for ``Federal
Transit Administration, Capital Investment Grants'' shall be
$1,850,000,000.
Sec. 2214. Notwithstanding section 1101, the level for
``Department of Transportation, Maritime Administration,
Operations and Training'' shall be $151,750,000, of which
$11,240,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $15,000,000 shall remain available
until expended for capital improvements at the United States
Merchant Marine Academy, and of which $59,057,000 shall be
available for operations at the United States Merchant Marine
Academy, and of which $2,000,000 shall remain available
through September 30, 2012 for midshipman services at the
United States Merchant Marine Academy: Provided, That of the
funds provided for Operations and Training to the Maritime
Administration in Public Law 111-117, up to $6,000,000 shall
remain available until expended and may be used for the
Secretary's reimbursement of overcharged midshipmen fees for
academic years 2003-2004 through 2008-2009 and the
Secretary's reimbursement decisions shall be final and
conclusive: Provided further, That $1,000,000 of such funds
shall be available until expended and shall be used for the
information technology requirements of Public Law 111-207.
Sec. 2215. Notwithstanding section 1101, the level for
each of the following accounts under the heading ``Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration'' shall be as follows: ``Operational Expenses
(Pipeline Safety Fund)'', $21,496,000; ``Hazardous Materials
Safety'', $39,098,000, of which $1,699,000 shall remain
available until September 30, 2013; and ``Pipeline Safety
(Pipeline Safety Fund) (Oil Spill Liability Trust Fund)'',
$106,919,000, of which $18,905,000 shall be derived from the
Oil Spill Liability Trust Fund and shall remain available
until September 30, 2013, and of which $88,014,000 shall be
derived from the Pipeline Safety Fund, of which $47,332,000
shall remain available until September 30, 2013.
Sec. 2216. Notwithstanding section 1101, section 186 of
title I of division A of Public Law 111-117 shall not apply
to fiscal year 2011.
Sec. 2217. Notwithstanding section 1101, no funds are
provided for activities described in section 195 of title I
of division A of Public Law 111-117.
Sec. 2218. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Personnel
Compensation and Benefits, Housing'' shall be $388,667,000.
Sec. 2219. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and
Indian Housing, Tenant-Based Rental Assistance'' shall be
$14,547,688,000, to remain available until expended, shall be
available on October 1, 2010 (in addition to the
$4,000,000,000 previously appropriated under such heading
that will become available on October 1, 2010), and
notwithstanding section 1109, an additional $4,000,000,000,
to remain available until expended, shall be available on
October 1, 2011: Provided, That of the amounts available for
such heading, $16,702,688,000 shall be for activities
specified in paragraph (1).
Sec. 2220. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public Housing
Operating Fund'' shall be $4,626,000,000.
Sec. 2221. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community
Planning and Development, Community Development Fund'' shall
be $4,230,000,000, of which $3,990,000,000 shall be for
carrying out the community development block grant program
under title I of the Housing and Community Development Act of
1974, as amended: Provided, That none of the funds made
available by this section for such account may be used for
grants for the Economic Development Initiative or
Neighborhood Initiatives activities or for grants pursuant to
section 107 of the Housing and Community Development Act of
1974 (42 U.S.C. 5307).
Sec. 2222. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community
Planning and Development, Homeless Assistance Grants'' shall
be $2,055,000,000, of which at least $285,000,000 shall be
for the Emergency Solutions Grant program.
Sec. 2223. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community
Planning and Development, Brownfields Redevelopment'' shall
be $0.
Sec. 2224. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing
Programs, Project-Based Rental Assistance'' shall be
$8,882,328,000, to remain available until expended, shall be
available on October 1, 2010 (in addition to the $393,672,000
previously appropriated under such heading that became
available on October 1, 2010), and, notwithstanding section
1109, an additional $400,000,000, to remain available until
expended, shall be available on October 1, 2011: Provided,
That of the amounts available for such heading,
$8,950,000,000 shall be for activities specified in paragraph
(1) under such heading of division A of Public Law 111-117
and $326,000,000 shall be available for activities specified
in paragraph (2) under such heading in such public law.
Sec. 2225. The first proviso under the heading ``Housing
for the Elderly'' and under the heading ``Housing for Persons
with Disabilities'' in Division A of the Consolidated
Appropriations Act, 2010 (Public Law 111-117, 123 STAT.
3088), is amended to read as follows: ``: Provided, That
amounts appropriated for initial project rental assistance
contracts in FY 2003 through FY 2011 shall remain available
for the purpose of paying obligations incurred prior to the
expiration of such funds for a 10 year period following such
expiration.''
Sec. 2226. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing
Programs, Energy Innovation Fund'' shall be $0.
Sec. 2227. The heading ``Department of Housing and Urban
Development, Housing Program, Other Assisted Housing
Programs, Rental Housing Assistance'' shall be applied by
also being available for extensions of up to one year for
expiring contracts under such sections of law.
Sec. 2228. Notwithstanding section 1101, the level under
the heading ``Department of Housing and Urban Development,
Housing Programs, Rent Supplement (Rescission)'' shall be
$31,255,000.
Sec. 2229. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Federal
Housing Administration, Mutual Mortgage Insurance

[[Page S1306]]

Program Account'' for administrative contract expenses shall
be $207,000,000.
Sec. 2230. The first proviso in the first paragraph under
the heading ``Department of Housing and Urban Development,
Federal Housing Administration, General and Special Risk
Program Account'' in division A of Public Law 111-117 shall
be applied in fiscal year 2011 by substituting
``$20,000,000,000'' for ``$15,000,000,000''.
Sec. 2231. Notwithstanding section 1101, the level under
the heading ``Related Agencies, United States Interagency
Council on Homelessness, Operating Expenses'' shall be
$2,680,000.
Sec. 2232. Section 209 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11319) is repealed.
Sec. 2233. Of the amounts made available under
``Department of Transportation, National Highway Traffic
Safety Administration, Consumer Assistance to Recycle and
Save Program'', $16,000,000 in unobligated balances are
permanently rescinded.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2011''.
This Act may be cited as the ``Department of Defense and
Full-Year Continuing Appropriations Act, 2011''.
______

SA 150. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill S. 23, to amend title 35, United States
Code, to provide for patent reform; which was ordered to lie on the
table; as follows

After section 17, insert the following:

SEC. 18. PROHIBITION OF AUTHORIZED GENERICS.

Chapter 10 of title 35, United States Code, is amended by
adding at the end the following:

``Sec. 106. Prohibition of authorized generic drugs

``(a) In General.--Notwithstanding any provision of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
the owner of any patent issued under this title that is the
subject of a new drug application approved under section
505(c) of such Act (21 U.S.C. 355(c)), or the holder of a new
drug application approved under such section 505(c), shall
not manufacture, market, sell, or distribute an authorized
generic drug, directly or indirectly, or authorize any other
person to manufacture, market, sell, or distribute an
authorized generic drug.
``(b) Authorized Generic Drug; Listed Drug.--For purposes
of this section--
``(1) the term `authorized generic drug'--
``(A) means any version of a listed drug that the owner of
any patent issued under this title for that listed drug that
is the subject of a new drug application approved under
subsection (c) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355), or the holder of the new drug
application approved under such subsection (c) for that
listed drug, seeks to commence marketing, selling, or
distributing, directly or indirectly, after receipt of a
notice sent pursuant to subsection (j)(2)(B) of such section
with respect to that listed drug; and
``(B) does not include any drug to be marketed, sold, or
distributed--
``(i) by an entity eligible for 180-day exclusivity with
respect to such drug under subsection (j)(5)(B)(iv) of such
section; or
``(ii) after expiration or forfeiture of any 180-day
exclusivity with respect to such drug under such subsection
(j)(5)(B)(iv); and
``(2) the term `listed drug' has the meaning applied to
such term in section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).''.
______

SA 151. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill S. 23, to amend title 35, United States
Code, to provide for patent reform; which was ordered to lie on the
table; as follows:

After section 17, insert the following:

SEC. 18. PROHIBITION OF AUTHORIZED GENERICS.

Chapter 10 of title 35, United States Code, is amended by
adding at the end the following:

``Sec. 106. Prohibition of authorized generic drugs

``(a) In General.--The owner of any patent issued under
this title that is the subject of a new drug application
approved under section 505(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(c)), or the holder of a new drug
application approved under such section 505(c), shall not
manufacture, market, sell, or distribute an authorized
generic drug, directly or indirectly, or authorize any other
person to manufacture, market, sell, or distribute an
authorized generic drug.
``(b) Authorized Generic Drug; Listed Drug.--For purposes
of this section--
``(1) the term `authorized generic drug'--
``(A) means any version of a listed drug that the owner of
any patent issued under this title for that listed drug that
is the subject of a new drug application approved under
subsection (c) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355), or the holder of the new drug
application approved under such subsection (c) for that
listed drug, seeks to commence marketing, selling, or
distributing, directly or indirectly, after receipt of a
notice sent pursuant to subsection (j)(2)(B) of such section
with respect to that listed drug; and
``(B) does not include any drug to be marketed, sold, or
distributed--
``(i) by an entity eligible for 180-day exclusivity with
respect to such drug under subsection (j)(5)(B)(iv) of such
section; or
``(ii) after expiration or forfeiture of any 180-day
exclusivity with respect to such drug under such subsection
(j)(5)(B)(iv); and
``(2) the term `listed drug' has the meaning applied to
such term in section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).''.

____________________