[Congressional Record (Bound Edition), Volume 156 (2010), Part 14]
[Senate]
[Pages 20140-20806]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

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

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

       The bill provides $5,338,000 for the Office of the 
     Secretary.
       In carrying out the provisions of this Act, the Department 
     shall follow the directives provided in Senate Report 111-221 
     unless otherwise modified by this Act or Explanatory 
     Statement. Reports requested in Senate Report 111-221 or this 
     Explanatory Statement are due 90 days after the enactment of 
     this Act unless a specific due date is provided. The 
     Department is directed, through the Office of Budget and 
     Program Analysis, to provide all reports and studies to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate (hereafter referred to as ``the Committees'') 
     in both an electronic and hard copy format.
       The Secretary is directed to provide quarterly reports to 
     the Committees on the status of obligations and funds 
     availability for the loan and grant programs provided in this 
     bill. The Secretary is further directed that if an estimate 
     of loan activity for any program funded in Titles I and III 
     of this Act indicates that a limitation on authority to make 
     commitments for a fiscal year will be reached before the end 
     of that fiscal year, or in any event whenever 75 per cent of 
     the authority to make commitments has been utilized, the 
     Secretary shall promptly so notify the Committees.

                       Office of Tribal Relations

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

                   Healthy Food Financing Initiative

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

                          Executive Operations


                     OFFICE OF THE CHIEF ECONOMIST

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


                       NATIONAL APPEALS DIVISION

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


                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

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

                      Office of Homeland Security

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

                    Office of Advocacy and Outreach

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

                Office of the Chief Information Officer

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

                 Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments


                     (INCLUDING TRANSFERS OF FUNDS)

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

                     Hazardous Materials Management


                     (INCLUDING TRANSFERS OF FUNDS)

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

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                      Departmental Administration


                     (INCLUDING TRANSFERS OF FUNDS)

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

     Office of the Assistant Secretary for Congressional Relations


                     (INCLUDING TRANSFERS OF FUNDS)

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

                        Office of Communications

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

                      Office of Inspector General

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

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service

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

                National Agricultural Statistics Service

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

                     Agricultural Research Service


                         SALARIES AND EXPENSES

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

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                         INTEGRATED ACTIVITIES

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

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  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

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                        BUILDINGS AND FACILITIES

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

                     Agricultural Marketing Service


                           MARKETING SERVICES

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


                 LIMITATION ON ADMINISTRATIVE EXPENSES

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


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

                     (INCLUDING TRANSFERS OF FUNDS)

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


                   PAYMENTS TO STATES AND POSSESSIONS

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

        Grain Inspection, Packers and Stockyards Administration


                         SALARIES AND EXPENSES

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


        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

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

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

         Food Safety and Inspection Service Funding by Activity

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

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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


                         STATE MEDIATION GRANTS

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


               GRASSROOTS SOURCE WATER PROTECTION PROGRAM

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


                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

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


           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT


                     (INCLUDING TRANSFERS OF FUNDS)

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

                         Risk Management Agency

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

                              Corporations

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund


                 REIMBURSEMENT FOR NET REALIZED LOSSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                       Hazardous Waste Management


                        (LIMITATION ON EXPENSES)

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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service


                        CONSERVATION OPERATIONS

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

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               WATERSHED AND FLOOD PREVENTION OPERATIONS

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

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                    watershed rehabilitation program

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


                 resource conservation and development

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

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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


                rural development salaries and expenses

                     (including transfers of funds)

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

                         Rural Housing Service


              rural housing insurance fund program account

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

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

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



                       rental assistance program

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


          multi-family housing revitalization program account

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


                  mutual and self-help housing grants

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


                    rural housing assistance grants

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


                       farm labor program account

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


               rural community facilities program account

                     (including transfers of funds)

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


                   Rural Business-Cooperative Service


                     rural business program account

                     (including transfers of funds)

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



              rural development loan fund program account

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


            rural economic development loans program account

                    (including rescission of funds)

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


                  rural cooperative development grants

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


                    rural energy for america program

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

                        Rural Utilities Service


             rural water and waste disposal program account

                     (including transfers of funds)

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


   Rural Electrification and Telecommunications Loans Program Account

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

                                                    Telecommunications:
    Direct, 5 percent....................................($145,000,000)
    Direct, Treasury rate.................................(250,000,000)

[[Page 20171]]

    Direct, FFB...........................................(295,000,000)
                                                       ________________
                                                       
      Subtotal............................................(690,000,000)
                                                       ================

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

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

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



         distance learning, telemedicine, and broadband program

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


                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service


                        CHILD NUTRITION PROGRAMS

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



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

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


               SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

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



                      COMMODITY ASSISTANCE PROGRAM

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


                   NUTRITION PROGRAMS ADMINISTRATION

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

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

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


                     (INCLUDING TRANSFERS OF FUNDS)

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

                     FOOD FOR PEACE TITLE II GRANTS

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

[[Page 20172]]



       Commodity Credit Corporation Export Loans Program Account


                     (INCLUDING TRANSFERS OF FUNDS)

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


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

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

                                TITLE VI

       FOOD AND DRUG ADMINISTRATION AND FARM CREDIT ADMINISTRATON

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

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


          Food and Drug Administration, Salaries and Expenses

                         (thousands of dollars)


        Program                                        Budget Authority
Foods
  Center for Food Safety and Applied Nutrition..................267,986
  Field Activities..............................................601,401
Human Drugs
  Center for Drug Evaluation and Research.......................371,632
  Field Activities..............................................132,037
Biologics
  Center for Biologics Evaluation and Research..................173,875
  Field Activities...............................................41,151
Animal Drugs & Feeds
  Center for Veterinary Medicine.................................91,467
  Field Activities...............................................54,135
Device & Radiological Products
  Center for Devices and Radiological Health....................243,255
  Field Activities...............................................82,471
National Center for Toxicological Research.......................60,975
Other Activities................................................161,659
White Oak Consolidation..........................................38,536
Other Rent & Rent Related........................................66,703
GSA Rent........................................................153,999
                                                       ________________
                                                       
    Total Salaries & Expenses.................................2,541,282
                                                       ================

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


                        BUILDINGS AND FACILITIES

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

                           INDEPENDENT AGENCY

                       Farm Credit Administration


                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

                     TITLE VII--GENERAL PROVISIONS


             (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

       Section 701.--The bill includes language making funds 
     available for the purchase, replacement, and hire of 
     passenger motor vehicles.
       Section 702.--The bill includes language allowing for 
     unobligated balances to be transferred to the Working Capital 
     Fund.
       Section 703.--The bill includes language limiting the 
     funding provided in the bill to one year, unless otherwise 
     specified.
       Section 704.--The bill includes language limiting indirect 
     costs on cooperative agreements between the Department of 
     Agriculture and nonprofit organizations to 10 percent.
       Section 705.--The bill includes language making 
     appropriations to the Department of Agriculture for the cost 
     of direct and guaranteed loans available until expended to 
     disburse obligations for certain Rural Development programs.

[[Page 20173]]

       Section 706.--The bill includes language for funds to cover 
     necessary expenses related to advisory committees.
       Section 707.--The bill includes language prohibiting the 
     use of funds to establish an inspection panel at the 
     Department of Agriculture.
       Section 708.--The bill includes language regarding detailed 
     employees.
       Section 709.--The bill includes language regarding the 
     appropriations hearing process.
       Section 710.--The bill includes language regarding the 
     transfer of funds to the Office of the Chief Information 
     Officer and information technology funding obligations.
       Section 711.--The bill includes language regarding the 
     reprogramming of funds.
       Section 712.--The bill includes language regarding user fee 
     proposals.
       Section 713.--The bill includes language regarding the 
     closure or relocation of Rural Development offices.
       Section 714.--The bill includes language allowing for 
     reimbursement of the Bill Emerson Humanitarian Trust.
       Section 715.--The bill includes language regarding the 
     closure or relocation of a Food and Drug Administration 
     office.
       Section 716.--The bill includes language regarding the 
     availability of funds for certain conservation programs.
       Section 717.--The bill includes language regarding 
     government-sponsored news stories.
       Section 718.--The bill provides funding for the National 
     Center for Natural Products Research.
       Section 719.--The bill includes language limiting certain 
     programs.
       Section 720.--The bill includes language regarding 
     eligibility for certain rural development programs.
       Section 721.--The bill includes language regarding meat 
     inspection.
       Section 722.--The bill includes language providing that 
     certain locations shall be considered eligible for certain 
     rural development programs.
       Section 723.--The bill provides funding for an agriculture 
     pest facility in Hawaii.
       Section 724.--The bill includes language authorizing 
     certain watershed projects.
       Section 725.--The bill includes language modifying matching 
     requirements for certain research grants.
       Section 726.--The bill provides funding for certain 
     projects.
       Section 727.--The bill includes language relating to infant 
     formula.
       Section 728.--The bill rescinds certain funds.
       Section 729.--The bill includes language relating to the 
     export of poultry products to the United States.
       Section 730.--The bill includes language regarding the 
     Federal Meat Inspection and other acts.
       Section 731.--The bill includes funding for two farm bill 
     programs.
       Section 732.--The bill includes language establishing a 
     forestry pilot program for lands affected by Hurricane 
     Katrina.
       Section 733.--The bill includes language regarding 
     administrative funds for certain farm bill programs.
       Section 734.--The bill includes language regarding 
     guaranteed business and industry loan fees.
       Section 735.--The bill includes language regarding 
     strategic regional development planning.
       Section 736.--The bill includes language regarding the 
     broadband program.
       Section 737.--The bill provides for the rescission of 
     certain facilities funds.
       Section 738.--The bill provides for the rescission of 
     certain rural development funds.
       Section 739.--The bill provides for the rescission of 
     certain facilities funds.
       Section 740.--The bill includes funding for workforce 
     acquisition capacity and capabilities.
       Section 741.--The bill includes language regarding school 
     food authorities.
       Section 742.--The bill includes language regarding 
     properties of the Agricultural Research Service.
       Section 743.--The bill includes language regarding rare and 
     neglected diseases.
       Section 744.--The bill includes language regarding a food 
     safety stakeholder panel.
       Section 745.--The bill rescinds certain funds.
       Section 746.--The bill includes language regarding baseload 
     electric generation.
       Section 747.--The bill rescinds certain funds.
       Section 748.--The bill rescinds certain funds.
       Section 749.--The bill limits certain funds.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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                        FUNDING RECOMMENDATIONS

                Budget Authority Total--With Comparisons

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

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

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

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

[[Page 20192]]

     
     


[[Page 20193]]



                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

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

                  Economic Development Administration

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


              ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS

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


                         SALARIES AND EXPENSES

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

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

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

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

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

                          Bureau of the Census

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


                         SALARIES AND EXPENSES

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


                     PERIODIC CENSUSES AND PROGRAMS

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

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

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

[[Page 20194]]




    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

       The bill includes $20,000,000 for Public Telecommunications 
     Facilities, Planning and Construction (PTFPC). The 
     Administration once again proposed to eliminate the PTFPC 
     program, despite its own report that delineates the need for 
     PTFPC. Both the Corporation for Public Broadcasting (CPB) and 
     PTFPC work closely to ensure that they are not funding the 
     same projects. Each agency has a separate sphere of 
     responsibility and the programs differ in their respective 
     eligibility requirements and in the scope of the projects 
     that each fund. PTFPC funds only planning and construction 
     projects through a competitive process. CPB's community 
     service grant program does not fund planning or construction 
     projects. In addition, PTFPC funding is essential to 
     providing radio and television services to the print-
     handicapped and individuals served by small or low-power 
     stations and stations faced with a catastrophic loss of 
     service, and new stations seeking to serve communities in 
     remote or rural areas.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

             National Institute of Standards and Technology

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


             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

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


                     INDUSTRIAL TECHNOLOGY SERVICES

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


                  CONSTRUCTION OF RESEARCH FACILITIES

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

[[Page 20195]]

     
     


[[Page 20196]]

            National Oceanic and Atmospheric Administration

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


                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

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


                      NATIONAL OCEAN SERVICE (NOS)

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


                NATIONAL MARINE FISHERIES SERVICE (NMFS)

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

[[Page 20197]]

     an ombudsman, NOAA is directed, within its enforcement 
     program, to establish an independent office empowered to 
     advocate or advise the regulated community on violation 
     avoidance, compliance assistance, and defense and settlement 
     advocacy.
       Observers.--The bill includes a total of $5,000,000 for the 
     Longline Observer program.
       Community-based restoration program (CRP) grants.--The bill 
     includes $28,967,000 for fisheries habitat restoration, the 
     same as the request. NOAA's goal of implementing larger-scale 
     ecological restoration and the enormous backlog of coastal 
     habitat restoration projects is acknowledged, and future 
     budget requests are expected to provide appropriate funding 
     levels for such efforts. However, the multitude of important 
     ecosystem benefits of small- to mid-scale habitat restoration 
     projects that involve local communities and contribute to 
     larger-scale regional conservation or restoration plans are 
     critical. NOAA is expected to maintain the small- to mid-
     scale project focus of the CRP that continues to provide 
     broad ecosystem benefits; involving community oriented 
     organizations and their communities and citizens at the local 
     level has been essential to CRP's highly successful on-the-
     ground restoration efforts.
       Antarctic research.--The fiscal year 2010 Antarctic field 
     research season was significantly affected by the lack of an 
     appropriate vessel and unexpected weather patterns, reducing 
     the number of samples below minimum levels in an effort to 
     ensure the safety of the crew and research teams. However, 
     maintaining the long-term database is critical to assuring 
     validity with respect to assessing the impacts of climate 
     change. NOAA is directed to ensure that funding levels are 
     sufficient to provide an appropriate and safe vessel, 
     regardless of weather conditions, and that research is 
     conducted as required to maintain continuity of the data.
       Cooperative research.--Cooperative research provides an 
     effective means for fishermen to become involved in the 
     collection of fundamental fisheries information, and given 
     the challenging economic and regulatory conditions facing 
     fishermen, the bill provides $11,600,000, which is $4,500,000 
     above the request, and is in addition to the $6,002,000 
     included in the catch share program.
       Regional studies.--NOAA's Chesapeake Bay Office is directed 
     to collaborate with the States of Maryland and Virginia to 
     advance multiple species management. NOAA shall continue to 
     utilize Sea Grant programs from both States and the National 
     Centers for Coastal Ocean Science, particularly the 
     Cooperative Oxford Laboratory (COL), on oyster restoration 
     and spatial planning science and management goals. NOAA is 
     directed to provide the Committees on Appropriations with a 
     report within 60 days of enactment of this Act, detailing a 
     clear strategic partnership between NOAA's Chesapeake Bay 
     Laboratory and COL, including collaborative breakouts on 
     personnel, resources, and costs.


                 OCEANIC AND ATMOSPHERIC RESEARCH (OAR)

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


                     NATIONAL WEATHER SERVICE (NWS)

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


NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE (NESDIS)

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


                          PROGRAM SUPPORT (PS)

       Facilities.--The bill includes $36,346,000 for NOAA 
     facilities, which includes $7,000,000 for renovations and 
     modernization of facilities necessary to support weather and 
     climate modeling needs. No funding for the Marine Operations 
     Center--Atlantic facility is provided as its construction has 
     already been financed.
       Acquisition workforce capacity and capabilities.--NOAA may 
     use up to $1,908,414 for additional acquisition workforce 
     capacity and capabilities, as requested, from available 
     funds.
       Administrative funding cap.--The Committees on 
     Appropriations are concerned about the lack of transparency 
     and visibility of all administrative costs incurred by NOAA's 
     corporate staff and line offices, including regional and 
     field offices. The Committees are particularly concerned that 
     the non-visible administrative cost components may be 
     increasing more rapidly than the directly visible corporate 
     services appropriation enacted to pay for NOAA corporate 
     administrative costs. For example, NOAA has continued to 
     assess line office programs for a portion of their corporate 
     administrative costs through a ``direct billing'' process 
     that is not visible to the Committees. Over the past five 
     years, the corporate services appropriation has accounted for 
     a declining share of total NOAA corporate administrative 
     costs, while the ``direct billing'' share of these costs has 
     increased significantly.
       To address these concerns, the bill establishes a cap on 
     all NOAA headquarters (HQ) administrative costs for fiscal 
     year 2011. This new cap limits the amount of ORF and PAC 
     funds that can be used for administrative costs incurred by 
     NOAA's corporate and line office HQ operations. The cap for 
     fiscal year 2011 is $413,000,000, of which up to $391,000,000 
     may be met using ORF funds and up to $22,000,000 may be met 
     using PAC funds. This $413,000,000 limitation may be 
     increased up to five percent, with congressional notification 
     of the reasons for any proposed increase at least 15 days in 
     advance of the need. This cap includes the corporate services 
     appropriation within ORF and all NOAA payments to the 
     Department of Commerce for administrative services. No other 
     funds appropriated for NOAA in this Act may be used to pay 
     for NOAA administrative costs. Administrative costs consist 
     of those for the following

[[Page 20198]]

     standard administrative functions: (1) general management and 
     direction, including public affairs and information 
     dissemination activities; (2) legal services; (3) CFO 
     operations including budget, finance, and accounting 
     activities; (4) CIO operations and all IT-related expenses: 
     (5) CAO operations, including facilities and security costs; 
     (6) human resources services, including EEO; and (7) 
     procurement, acquisition and grants management operations.
       Although the NOAA line offices also incur administrative 
     costs at the field offices and financial management centers 
     (FMCs) that execute their programs, these costs are not 
     included in the administrative cost cap for two reasons. 
     First, the distinction between administrative and program 
     costs for field operations is less clear than for line office 
     HQ operations. Second, the current data identifying these 
     field administrative costs appear incomplete and less 
     reliable than HQ data. A cap may be imposed on these costs at 
     a future date.
       In addition, NOAA shall provide a report to the Committees 
     on Appropriations within 30 days of enactment of this Act 
     that identifies total NOAA administrative costs for fiscal 
     year 2009 actual, fiscal year 2010 actual, and fiscal year 
     2011 planned for NOAA corporate staff and each line office, 
     including the Office of Marine and Aircraft Operations. The 
     report shall also identify the administrative costs incurred 
     by these organizational entities, as well as the field 
     offices and FMCs, for the standard administrative functions 
     described above. Similar tables shall be included in all 
     subsequent NOAA annual budget justifications provided to 
     Congress.
       Education.--The bill includes $10,000,000 for competitive 
     educational grants, of which $2,500,000 is to continue the 
     ocean education partnership and $2,500,000 is to improve 
     geographic literacy in the Nation's schools utilizing NOAA's 
     national network of weather and environmental activities; 
     $14,000,000 for the educational partnership program with 
     minority serving institutions; a total of $8,700,000 for BWET 
     regional programs; $2,000,000 for the GLOBE program in 
     partnership with the National Aeronautics and Space 
     Administration; and $2,000,000 to ensure an appropriate 
     administrative level. NOAA is directed to request separate 
     funding for each program element in future budget requests, 
     rather than rolling the funding up into one line.
       Justification improvement.--NOAA is directed to continue to 
     work with the Committees on Appropriations to reformat the 
     justification into a more transparent, informative and user-
     friendly document. The Department is similarly directed.
       Research and development (R&D) tracking and outcomes.--NOAA 
     is directed to continue to track the division of R&D funds 
     between intramural and extramural research; assure 
     consistency and clarity in the collection and reporting of 
     data; clearly state expected research outcomes and available 
     funding to provide transparency into the competitive grant 
     process; and increase extramural research funding in future 
     requests to build broad community support and leverage 
     external funding for mission-oriented research.

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               PROCUREMENT, ACQUISITION, AND CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

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

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[[Page 20211]]

                    PACIFIC COASTAL SALMON RECOVERY

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


                      FISHERMEN'S CONTINGENCY FUND

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


                      COASTAL ZONE MANAGEMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

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


                   FISHERIES FINANCE PROGRAM ACCOUNT

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

                        Departmental Management


                         SALARIES AND EXPENSES

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


                      RENOVATION AND MODERNIZATION

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


                      OFFICE OF INSPECTOR GENERAL

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

               General Provisions--Department of Commerce

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

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration


                         SALARIES AND EXPENSES

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


                   NATIONAL DRUG INTELLIGENCE CENTER

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


                 JUSTICE INFORMATION SHARING TECHNOLOGY

       The bill provides $124,585,000 for Justice Information 
     Sharing Technology.
       Unified Financial Management System (UFMS).--The direct 
     appropriation for UFMS is focused on the ongoing needs of the 
     Project Management Office rather than pre-funding the 
     initiation of any additional new work. The Department should 
     add any further necessary development and deployment costs to 
     the planned fiscal year 2011 UFMS reprogramming. For UFMS 
     activity that is

[[Page 20212]]

     undertaken in fiscal year 2011, the Department is directed to 
     continue submitting quarterly reports to the Committees on 
     Appropriations listing milestones for the year, with budget 
     and schedule estimates for each, and describing progress made 
     against each of those milestones.
       Joint Automated Booking System (JABS).--In order to account 
     for a slower rollout schedule for JABS biometric upgrades, 
     the JABS enhancement request has been reduced by $3,000,000.
       Justice Consolidated Office Network (JCON).--The Department 
     is directed to find program and acquisition efficiencies 
     sufficient to sustain an $8,000,000 reduction to this line 
     item.
       Litigation Case Management System (LCMS).--Since the budget 
     request was submitted, the Department has decided to 
     terminate LCMS due to intractable programmatic and management 
     problems. As a result, the bill has eliminated all LCMS 
     funding from this account. Any closeout costs needed for the 
     program can be covered with funds remaining from the fiscal 
     year 2010 LCMS reprogramming or other available sources.
       Cyber security and secure communications.--The bill 
     provides $32,100,000 for the continued strengthening of DOJ's 
     cyber security and secure communications programs.


                LAW ENFORCEMENT WIRELESS COMMUNICATIONS

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

                   Administrative Review and Appeals

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

                           Detention Trustee

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

                      Office of Inspector General

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

                    United States Parole Commission


                         SALARIES AND EXPENSES

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

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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


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

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


                 VACCINE INJURY COMPENSATION TRUST FUND

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


               SALARIES AND EXPENSES, ANTITRUST DIVISION

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


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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


                   UNITED STATES TRUSTEE SYSTEM FUND

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


      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

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


                     FEES AND EXPENSES OF WITNESSES

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


           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

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


                         ASSETS FORFEITURE FUND

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

                     United States Marshals Service


                         SALARIES AND EXPENSES

       The bill provides $1,180,534,000 for the United States 
     Marshals Service (USMS), Salaries and Expenses.
       Sex offender apprehension.--Although the Marshals Service 
     has annualized prior year AWA enforcement funding into its 
     base budget, it has consistently failed to request new 
     resources to expand the sex offender apprehension program. In 
     order to provide an infusion of new resources in fiscal year 
     2011, the bill provides $10,181,000 for additional AWA-
     related activities and the operations of the National Sex 
     Offender Targeting Center. These funds are provided in place 
     of the money requested for the Special Operations Group and 
     the Technical Operations Group. If additional funds are 
     needed to meet AWA program needs, the Department should 
     reprogram resources from lower priority programs.
       Contract management in the districts.--Marshals 
     Headquarters should continue to exert more central control 
     over contracting practices in the districts in order to move 
     every

[[Page 20213]]

     district toward contracting best practices and identify 
     problems in the field more quickly. The Marshals Service 
     should also continue preliminary efforts, in consultation 
     with affected employees, to establish an ombudsman office to 
     address contract-related problems that arise in the 
     districts.
       Regional Fugitive Task Forces (RFTFs).--The Marshals are 
     directed to provide $20,000,000 to enhance existing RFTFs and 
     to establish new task force capabilities in areas not 
     currently served by RFTFs.


                              CONSTRUCTION

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

                       National Security Division


                         SALARIES AND EXPENSES

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

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

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

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

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

[[Page 20214]]

     achieved with so little remaining funding unless major 
     corners are cut in either execution or function.
       Despite these concerns, the FBI has persisted in committing 
     itself to completing the project within its $451,000,000 
     budget, and the Congress will hold the Bureau to that 
     commitment. Consequently, the FBI is prohibited from spending 
     anything in excess of the $451,000,000 total without first 
     providing notification to the Committees on Appropriations, 
     even if a funding source is available that would not 
     otherwise trigger Section 505 notification requirements.
       To manage the completion of Sentinel, the FBI shall develop 
     a Work Breakdown Structure (WBS) that complies with guidance 
     provided in GAO-09-3SP: Best Practices for Developing and 
     Managing Capital Program Costs. The product-based WBS shall 
     contain the capabilities that complete Sentinel as identified 
     by the DOJ OIG in its 11-01 report (October, 2010). The 
     structure of the Sentinel Completion WBS shall include 
     components for (1) Phase 3 Capabilities, (2) Phase 4 
     Capabilities and (3) Deferred Capabilities. The FBI shall 
     elaborate on each of the three WBS components to itemize the 
     planned or deferred functionality that will complete 
     Sentinel.
       The FBI shall also configure its Earned Value Management 
     System to report progress on the itemized functionality 
     associated with each component.


                              CONSTRUCTION

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

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

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


                              CONSTRUCTION

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

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

                         Federal Prison System


                         SALARIES AND EXPENSES

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


                        BUILDINGS AND FACILITIES

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

[[Page 20215]]

       Construction.--Within 30 days of enactment of this Act, BOP 
     shall provide to the Committees on Appropriations the most 
     recent status of construction report and shall notify the 
     Committees of any deviations from the construction and 
     activation schedule, including detailed explanations of the 
     causes of delays and actions proposed to address them.


   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

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

               State and Local Law Enforcement Activities

       Salaries and expenses.--All activities related to the 
     management and administration of discretionary grant 
     programs, grants, and cooperative agreements shall be 
     supported only with funding provided via the separate 
     Salaries and Expenses (S&E) appropriation provided in the 
     bill for each grant office. The Office on Violence Against 
     Women (OVW), the Office of Justice Programs (OJP), and the 
     Office of Community Oriented Policing Services (COPS) are 
     directed to develop formal definitions of management and 
     administration costs or detailed guidance governing decisions 
     about the types of costs that may be charged to each office's 
     S&E account. In addition, each grant office shall detail 
     actual and projected S&E costs by program, including 
     personnel costs, as part of the budget submission for future 
     fiscal years.
       Workload analysis.--OVW, OJP, and COPS are each directed to 
     conduct a workload analysis to ensure that their respective 
     staffing levels and mix of personnel accurately reflect 
     workload and requirements. Each office shall provide a report 
     to the Committees on Appropriations within six months of the 
     date of enactment of this Act describing its updated staffing 
     model based on the results of its workload analysis. Within 
     six months of the date the offices submit their reports, GAO 
     is directed to report to the Committees on Appropriations, 
     evaluating each office's staffing model and making 
     recommendations, as warranted, on how each office's staffing 
     model could be further improved.
       Training, technical assistance, research and statistics, 
     and peer review.--Training and technical assistance (T&TA) 
     activities, research and statistics activities and peer 
     review performed by OJP, OVW, and COPS, or through 
     interagency agreements or under contract for OJP, OVW, and 
     COPS, may be supported with program funds, subject to the 
     submission of details related to planned costs in these 
     categories by program as part of the Department's fiscal year 
     2011 spending plan. As part of the budget submission for 
     fiscal year 2012 and future years, the Department is directed 
     to detail the actual costs for each grant office in each of 
     these categories for the prior fiscal year, along with 
     estimates of planned expenditures by each grant office in 
     each of these categories for the current year and the budget 
     year.
       Non-compliant grantees.--OJP, COPS and OVW appear to be 
     using different sanctions and remedies for grantees that are 
     determined to be out of compliance with grant requirements. 
     The Department should work to consolidate rules and 
     procedures across OJP, COPS and OVW in order to produce the 
     most consistent possible compliance enforcement process.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

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


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

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


                         SALARIES AND EXPENSES

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

                       Office of Justice Programs


                  RESEARCH, EVALUATION AND STATISTICS

                     (INCLUDING TRANSFER OF FUNDS)

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


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

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


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

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

[[Page 20216]]

        Program                                                  Amount
Byrne Memorial Justice Assistance Grants...................$519,000,000
  National Institute of Justice.............................(5,000,000)
  State and Local Antiterrorism Training....................(2,000,000)
  State and Local Assistance Help Desk & Diagnostic Center..(6,000,000)
  National Criminal Justice Commission (Section 542 of this (7,000,000)
Byrne Competitive Grants.....................................35,000,000
Byrne Criminal Justice Innovation Program....................30,000,000
Byrne Discretionary Grants..................................199,780,000
Criminal Justice Reform and Recidivism Reduction.............20,000,000
John R. Justice Grant Program................................10,000,000
Smart Policing................................................5,000,000
Ensuring Fairness and Justice in the Criminal Justice System..3,000,000
Justice Information Sharing and Technology....................5,000,000
Smart Probation..............................................10,000,000
Adam Walsh Act Implementation................................20,000,000
Sex Offender Management Assistance............................5,000,000
National Sex Offender Public Website..........................1,000,000
Children Exposed to Violence Initiative......................25,000,000
Matthew Shepard Hate Crimes Prevention Program................6,000,000
Flexible Tribal Assistance..................................100,000,000
State Criminal Alien Assistance Program.....................300,000,000
Southwest Border Prosecutor Program..........................20,000,000
Northern Border Prosecutor Program............................5,000,000
Victims of Trafficking Grants................................15,000,000
Residential Substance Abuse Treatment for State Prisoners....25,000,000
Drug Courts..................................................50,000,000
Mentally Ill Offender Act....................................12,000,000
Prescription Drug Monitoring..................................5,000,000
Prison Rape Prevention and Prosecution.......................10,000,000
Capital Litigation/Wrongful Conviction Review Grants.........12,500,000
Missing Alzheimer's Patient Grants............................2,000,000
Economic, High-tech and Cybercrime Prevention................23,000,000
Training Program to Assist Probation and Parole Officers......3,500,000
Second Chance Act Programs..................................100,000,000
Bulletproof Vests............................................25,000,000
  NIST/OLES.................................................(1,500,000)
State Automated Victim Notification System...................10,000,000
Regional Information Sharing Activities......................40,000,000
                                                       ________________
                                                       
    Total.................................................1,651,780,000
       Edward Byrne memorial justice assistance grant program.--
     The bill provides $519,000,000 for the Edward Byrne Memorial 
     Justice Assistance Grant program. Funding is not available 
     for luxury items, real estate, or construction projects. The 
     Department should strongly encourage State, local and tribal 
     governments to target funding to programs and activities that 
     are in conformance with evidence-based strategic plans 
     developed through broad stakeholder involvement. The 
     Department is directed to make technical assistance available 
     to State, local and tribal governments for the development or 
     updating of such plans.
       Byrne discretionary grants.--The bill incorporates by 
     reference the following congressionally-designated activities 
     to prevent crime, improve the criminal justice system, 
     provide victim services, or other related activities:

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


                       juvenile justice programs

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


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

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[[Page 20240]]

                     PUBLIC SAFETY OFFICER BENEFITS

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


                         SALARIES AND EXPENSES

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

                  Community Oriented Policing Services


             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

                     (INCLUDING TRANSFERS OF FUNDS)

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


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

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

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

[[Page 20252]]

                         SALARIES AND EXPENSES

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

               General Provisions--Department of Justice

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

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

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

             National Aeronautics and Space Administration


                             AGENCY SUMMARY

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

                                SCIENCE

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


           Science Mission Directorate (dollars in thousands)

Earth Science
  Earth Science Research........................................438,100
    Earth Science Research and Analysis.........................324,600
    Computing and Management....................................113,500
  Earth Systematic Missions.....................................809,400
    Global Precipitation Measurement (GPM)......................128,800

[[Page 20253]]

    Glory Mission................................................21,900
    Landsat Data Continuity Mission (LDCM)......................156,800
    NPOESS Preparatory Project (NPP).............................64,400
    Ice, Cloud, and land Elevation Satellite (ICESat-2)..........68,500
    Soil Moisture Active and Passive (SMAP)......................82,500
    Other Missions and Data Analysis............................286,500
  Earth System Science Pathfinder...............................307,700
    Aquarius.....................................................17,000
    OCO-2.......................................................171,000
    Venture Class Missions.......................................73,500
    Other Missions and Data Analysis.............................46,200
  Earth Science Multi-Mission Operations........................161,200
  Earth Science Technology.......................................52,800
  Applied Sciences...............................................32,600
                                                             __________
                                                             
      Subtotal, Earth Science.................................1,801,800
Planetary Science
  Planetary Science Research....................................180,400
    Planetary Science Research and Analysis.....................131,100
    Other Missions and Data Analysis.............................23,900
    Education and Directorate Management..........................5,100
Near Earth Object Observations                                   20,300
  Lunar Quest Program...........................................136,600
    Lunar Science................................................74,700
    Lunar Atmosphere and Dust Environment Explorer...............57,900
    International Lunar Network...................................4,000
  Discovery.....................................................202,000
    Gravity Recovery and Interior Laboratory (GRAIL)............104,800
    Other Missions and Data Analysis.............................97,200
  New Frontiers.................................................214,500
    Juno........................................................184,200
    Other Missions and Data Analysis.............................30,300
  Mars Exploration..............................................532,800
    2009 Mars Science Lab.......................................231,600
    MAVEN.......................................................161,200
    Other Missions and Data Analysis............................140,000
  Outer Planets.................................................112,800
  Technology....................................................106,500
                                                             __________
                                                             
      Subtotal, Planetary Science.............................1,485,600
Astrophysics
  Astrophysics Research.........................................155,500
    Astrophysics Research and Analysis...........................60,100
    Balloon Project..............................................27,100
    Other Missions and Data Analysis.............................68,300
  Cosmic Origins................................................687,100
    Hubble Space Telescope (HST)................................102,700
    James Webb Space Telescope (JWST)...........................444,800
    Stratospheric Observatory for Infrared Astronomy (SOFIA).....79,600
Other Missions And Data Analysis                                 60,000
  Physics of the Cosmos.........................................102,300
  Exoplanet Exploration..........................................42,200
  Astrophysics Explorer..........................................89,200
    Nuclear Spectroscopic Telescope Array (NuStar)...............32,100
    Gravity and Extreme Magnetism................................21,000
    Other Missions and Data Analysis.............................36,100
                                                             __________
                                                             
      Subtotal, Astrophysics..................................1,076,300
Heliophysics
  Heliophysics Research.........................................165,200
    Heliophysics Research and Analysis...........................30,700
    Sounding Rockets.............................................48,900
    Research Range...............................................19,600
    Other Missions and Data Analysis.............................66,000
  Living with a Star............................................213,600
    Radiation Belt Storm Probes (RBSP)..........................140,000
    Solar Probe Plus.............................................14,100
    Other Missions and Data Analysis.............................59,500
  Solar Terrestrial Probes......................................162,800
    Magnetospheric Multiscale (MMS).............................143,800
    Other Missions and Data Analysis.............................19,000
  Heliophysics Explorer Program.................................100,200
    IRIS.........................................................69,000
    Other Missions and Data Analysis.............................31,200
  New Millennium....................................................100
                                                             __________
                                                             
      Subtotal, Heliophysics....................................641,900
                                                               ==========
_______________________________________________________________________

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


                              AERONAUTICS

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


                     SPACE RESEARCH AND TECHNOLOGY

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


                              EXPLORATION

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

[[Page 20254]]

     Committees on planned milestones, expected performance and 
     configurations, a planned testing program, and deliverables 
     for the crew exploration vehicle program, along with any 
     suggestions for streamlining oversight. As part of this 
     report, NASA shall evaluate the preceding cost cap and either 
     validate the cap or provide a viable and validated 
     alternative.
       Robotic precursor program.--NASA shall consolidate all 
     elements of the lunar lander and exploration robotics 
     programs and locate project management at the Marshall Space 
     Flight Center as proposed.
       Additional funds.--The unallocated amount of $156,000,000 
     may be used for activities requested under human research or 
     robotic precursors or to augment or enhance other activities 
     explicitly funded under Exploration. Funding for exploration 
     technology development is provided as part of Space Research 
     and Technology.
       Civil service labor and expenses.--Although funds for the 
     Exploration account are made available for two years, NASA 
     shall manage civil service labor and expenses within the 
     account on a one-year basis.


                            SPACE OPERATIONS

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


                               EDUCATION

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


                          CROSS AGENCY SUPPORT

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

[[Page 20255]]

     programs, the conference agreement provides for the following 
     congressionally-directed activities:

[[Page 20256]]

     
     


[[Page 20257]]



[[Page 20258]]

                     CONSTRUCTION AND ENVIRONMENTAL

                       COMPLIANCE AND RESTORATION

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


                      OFFICE OF INSPECTOR GENERAL

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


                       ADMINISTRATIVE PROVISIONS

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


                      NATIONAL SCIENCE FOUNDATION

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


                    RESEARCH AND RELATED ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

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


          major research equipment and facilities construction

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

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


                     education and human resources

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

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

[[Page 20259]]

       Best practices in K-12 STEM education.--NSF has yet to 
     submit an interim or final report on the work of a panel of 
     experts on STEM education called for in the statement of 
     managers accompanying Public Law 111-117. NSF shall submit 
     this report expeditiously and distribute widely the findings 
     and recommendations of the report to U.S. educators.


                 agency operations and award management

       The bill provides $319,190,000 for agency operations and 
     award management. NSF may use up to $2,000,000 within funds 
     provided to increase the Foundation's acquisition workforce.
       Within 90 days of enactment of this Act, NSF shall provide 
     to the Committees on Appropriations a report detailing total 
     personnel costs, excluding costs for program travel and 
     travel support for reviewers, for operating the Foundation, 
     including rotators, IPAs, and support contractors. The report 
     shall detail the accounts and directorates within Research 
     and Related Activities that are the source of this funding.


                  office of the national science board

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


                      office of inspector general

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                         salaries and expenses

                     (including transfer of funds)

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

                Equal Employment Opportunity Commission


                         salaries and expenses

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


                       state and local assistance

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

                     International Trade Commission

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

                       Legal Services Corporation


               payment to the legal services corporation

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


          administrative provision--legal services corporation

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

                        Marine Mammal Commission


                         salaries and expenses

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

            Office of the United States Trade Representative

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

                        State Justice Institute


                         SALARIES AND EXPENSES

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

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


                         SALARIES AND EXPENSES

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

                                TITLE V

                           GENERAL PROVISIONS

       Sections 501 through 511, sections 513 through 528, section 
     531, and sections 533 through 535 continue general provisions 
     without substantive change from previous years.
       Section 512 delays the obligations of any receipts 
     deposited into the Crime Victims Fund in excess of 
     $820,000,000 until October 1, 2011. This language is 
     continued to ensure a stable source of funds will remain 
     available

[[Page 20260]]

     for the program, despite inconsistent levels of criminal 
     fines deposited annually into the Fund.
       Section 529 amends Public Law 104-134 to permit the use of 
     Legal Services Corporation funds for class action lawsuits on 
     behalf of individuals eligible for legal aid.
       Section 530 provides for rescissions of unobligated 
     balances in certain departments and agencies funded in this 
     Act.
       Section 532 prohibits the use of funds to pay the 
     attendance of more than 50 employees at any single conference 
     outside the United States, except for law enforcement 
     training and/or operational conferences for law enforcement 
     personnel when the majority of Federal employees in 
     attendance are law enforcement personnel stationed outside 
     the United States.
       Section 536 requires agencies funded under the Act to 
     submit quarterly reports to their Inspector General or senior 
     ethics official regarding the costs and contracting 
     procedures relating to conferences for which the cost to the 
     Government is more than $20,000.
       Section 537 requires the Department of Justice, the 
     Department of Commerce, the National Aeronautics and Space 
     Administration, and the National Science Foundation to submit 
     reports related to Federal agency clean energy sustainability 
     goals and targets.
       Section 538 makes adjustments to prior year 
     congressionally-designated projects.
       Section 539 authorizes the establishment of a Commission on 
     Wartime Relocation and Internment of Latin Americans of 
     Japanese Descent.
       Section 540 requires the Legal Services Corporation to 
     comply with audits by the Government Accountability Office 
     and the Corporation's Inspector General.
       Section 541 allows Federal Prison Industries (FPI) to 
     participate in the Prison Industries Enhancement 
     Certification program and allows FPI to carry out pilot 
     projects to produce items that are no longer produced in the 
     United States.
       Section 542 authorizes the establishment of a National 
     Criminal Justice Commission.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

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


              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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


                            CLASSIFIED ANNEX

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


                  CONGRESSIONAL SPECIAL INTEREST ITEMS

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


                         REPROGRAMMING GUIDANCE

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


                           FUNDING INCREASES

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


                          ADMINISTRATIVE FEES

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


               INNOVATIVE PROCUREMENT AND RESEARCH FUNDS

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

                      TITLE I--MILITARY PERSONNEL

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


                       [in thousands of dollars]:

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                  TITLE II--OPERATION AND MAINTENANCE

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


                      [in thousands of dollars]: 

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                OPERATION AND MAINTENANCE REPROGRAMMINGS

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


            OPERATION AND MAINTENANCE BUDGET EXECUTION DATA

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


                      CIVILIAN PERSONNEL PAY RATES

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


                         INFORMATION OPERATIONS

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


                       MARITIME SECURITY EXERCISE

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


                            ENERGY SECURITY

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


                             MILITARY TIRES

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


               MULTINATIONAL INFORMATION SHARING PROGRAMS

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


                     OUTSIDE LEGAL DEFENSE EXPENSES

       The Secretary of Defense, in coordination with the Attorney 
     General of the United States, is directed to provide a report 
     to the congressional defense committees on the financial, 
     legal, or other impacts of each of the following: amending 
     public law to specifically make military personal eligible 
     for reimbursement of legal bills when they successfully 
     defend themselves against charges of abusing detainees; 
     providing servicemembers Professional Liability Insurance to 
     cover legal fees, similar to the insurance that is available 
     to other Federal employees; and reimbursing the $1,000,000 
     that the Congressional Budget Office estimates U.S. 
     servicemembers have already had to pay for their own defense 
     against these types of charges for which later, the charges 
     were dismissed or the servicemember acquitted since September 
     11, 2001. The Secretary is directed

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     to provide this report not later than 180 days after 
     enactment of this Act.


             JOINT ADVERTISING, MARKET RESEARCH AND STUDIES

       The recommendation includes $7,972,000 for the Joint 
     Advertising, Market Research and Studies (JAMRS) Program 
     under the Defense Human Resources Activity. The funding is 
     directed to be used for the costs associated with maintaining 
     the JAMRS Recruiting Database and the remainder to be used 
     for market research and studies only related to recruiting 
     medical health professionals.


           readiness and environmental protection initiative

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


                        youth mentoring program

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

                         TITLE III--PROCUREMENT

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


                       [in thousands of dollars]:

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                         acquisition categories

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


                               m4 carbine

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


              high mobility multi-purpose wheeled vehicle

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


                        bradley fighting vehicle

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


                    high mobility engineer excavator

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


               evolved expendable launch vehicle pricing

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


            special operations command unfunded requirements

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


                 printed circuit board industrial base

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


                         c-17a globemaster iii

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


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

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

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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


                       [in thousands of dollars]:

[[Page 20341]]





[[Page 20342]]



[[Page 20343]]



[[Page 20344]]



[[Page 20345]]



[[Page 20346]]



[[Page 20347]]



[[Page 20348]]



[[Page 20349]]



[[Page 20350]]



[[Page 20351]]



[[Page 20352]]



[[Page 20353]]



[[Page 20354]]



[[Page 20355]]



[[Page 20356]]



[[Page 20357]]



[[Page 20358]]



[[Page 20359]]



[[Page 20360]]



[[Page 20361]]



[[Page 20362]]



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[[Page 20364]]



[[Page 20365]]



[[Page 20366]]



[[Page 20367]]



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[[Page 20369]]



[[Page 20370]]



[[Page 20371]]



[[Page 20372]]



[[Page 20373]]

                  SOFTWARE DEVELOPMENT COST ESTIMATION

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


               CONTRACT MANAGEMENT SERVICES PILOT PROGRAM

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


                               BIOMETRICS

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


                     EXPEDITIONARY FIGHTING VEHICLE

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


                          BONE MARROW REGISTRY

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


                           COMMON DATA LINKS

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


       BEST INDUSTRIAL PROCESSES FOR DEPARTMENT OF DEFENSE DEPOTS

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


        GROUND MOVING TARGET INDICATION (GMTI) RADAR DEVELOPMENT

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


           DEFENSE ADVANCED RESEARCH PROJECTS AGENCY (DARPA)

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


                      CHEMICAL TESTING ON ANIMALS

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

                Title V--Revolving and Management Funds

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

                       [in thousands of dollars]:

[[Page 20374]]





[[Page 20375]]



             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

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


                      [in thousands of dollars]: 



[[Page 20376]]



[[Page 20377]]



[[Page 20378]]

            DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES

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


                               CARRYOVER

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


                     PRIVATE SECTOR CARE SHORTFALL

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


                 PEER-REVIEWED CANCER RESEARCH PROGRAM

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


                 PEER-REVIEWED MEDICAL RESEARCH PROGRAM

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


        DEPARTMENT OF DEFENSE PHARMACY DATA TRANSACTION SERVICE

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


         JOINT PATHOLOGY CENTER AND NATIONAL TISSUE REPOSITORY

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


                   SMOKING CESSATION IN THE MILITARY

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


            TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH

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


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

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

                      TITLE VII--RELATED AGENCIES


                            CLASSIFIED ANNEX

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

   CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

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

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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


             INTELLIGENCE COMMUNITY BUSINESS TRANSFORMATION

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

                     TITLE VIII GENERAL PROVISIONS

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


                             (Rescissions)

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

[[Page 20379]]

    Improved Recovery Vehicle.................................8,700,000
    MK-19 Grenade Machine Gun Modifications...................7,700,000
                                             Missile Procurement, Army:
    GMLRS.....................................................9,171,000
                                            Aircraft Procurement, Navy:
    EA-18G MYP savings.......................................89,120,000
    F/A-18E/F MYP savings....................................72,727,000
    F-18 Series ECO..........................................17,000,000
    E-6 Series................................................6,000,000
                      Procurement of Ammunition, Navy and Marine Corps:
    General Purpose Bombs....................................11,576,000
                                     Shipbuilding and Conversion, Navy:
    DDG-51main reduction gear savings........................22,000,000
                                               Other Procurement, Navy:
    Minesweeping System Replacement...........................5,400,000
    Aircraft Launch Recovery..................................3,642,000
                                       Aircraft Procurement, Air Force:
    B-2A......................................................5,900,000
    B-52.....................................................39,300,000
    C-17 Modifications.......................................12,200,000
    C-130J updated pricing....................................7,000,000
    C-130 AP updated pricing.................................15,100,000
    HC/MC-130 AP.............................................46,900,000
    HC/MC-130 updated pricing................................13,200,000
    Initial Spares--Joint Stars Re-engining..................11,700,000
                                          Other Procurement, Air Force:
    FAB-T....................................................36,600,000
                      Research, Development, Test and Evaluation, Army:
    Aircraft Avionics--JTRS AMF..............................10,200,000
    HFDS.....................................................15,000,000
    Future Combat System--Class IV UAV Program of Record.....12,000,000
    TUAV-TSP.................................................16,300,000
                 Research, Development, Test and Evaluation, Air Force:
    B-2......................................................90,000,000
    Classified Program.......................................10,000,000
    Alternative Fuels........................................10,000,000
    Small Diameter Bomb......................................22,000,000
    Engine CIP...............................................15,000,000
    JSTARS...................................................14,600,000
    RQ-4 UAV.................................................18,000,000
    C-5 Airlift Squadrons....................................19,000,000
              Research, Development, Test and Evaluation, Defense-Wide:
    BMD Hercules.............................................10,000,000

               TITLE IX--OVERSEAS CONTINGENCY OPERATIONS


                         REPORTING REQUIREMENTS

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


                           MILITARY PERSONNEL

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


                       [in thousands of dollars]:

[[Page 20380]]





[[Page 20381]]



[[Page 20382]]



[[Page 20383]]



[[Page 20384]]

                       OPERATION AND MAINTENANCE

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


                      [In thousands of dollars]: 



[[Page 20385]]



[[Page 20386]]



[[Page 20387]]



[[Page 20388]]



[[Page 20389]]

                    AFGHANISTAN INFRASTRUCTURE FUND

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


                    AFGHANISTAN SECURITY FORCES FUND

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


    TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN

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


                         INFORMATION OPERATIONS

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

                              PROCUREMENT

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


                       [In thousands of dollars]:

[[Page 20390]]





[[Page 20391]]



[[Page 20392]]



[[Page 20393]]



[[Page 20394]]



[[Page 20395]]



[[Page 20396]]



[[Page 20397]]



[[Page 20398]]

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

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


                  NATIONAL GUARD AND RESERVE EQUIPMENT

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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


                      [in thousands of dollars]: 

[[Page 20399]]





[[Page 20400]]



[[Page 20401]]

                     INTELLIGENCE, SURVEILLANCE AND

                     RECONNAISSANCE (ISR) PROGRAMS

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

                     REVOLVING AND MANAGEMENT FUNDS

                     DEFENSE WORKING CAPITAL FUNDS

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

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


                       [in thousands of dollars]:

[[Page 20402]]





[[Page 20403]]



[[Page 20404]]

                     GENERAL PROVISIONS--THIS TITLE

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


   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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     DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2011

       Following is an explanation of the effects of Division D, 
     which makes appropriations for the energy and water 
     development and related agencies for fiscal year 2011. As 
     provided in Section 4 of the consolidated bill, this 
     explanatory statement shall have the same effect with respect 
     to the allocation of funds and the implementation of this 
     division as if it were a joint explanatory statement of a 
     committee of conference.

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The summary tables included in this title set forth the 
     dispositions with respect to the individual appropriations, 
     projects, and activities of the Corps of Engineers. 
     Additional items of the Act are discussed below.
       Five-year Plan.--Historically the Administration has been 
     directed to provide five-year investment plans for all the 
     agencies within the Energy and Water jurisdiction, 
     particularly the Corps. The five-year plan should be based on 
     realistic assumptions of project funding needs.
       The executive branch has traditionally been unwilling to 
     project five-year horizons for projects they do not support 
     through the budget process. This leaves a considerable 
     percentage of Corps funding that relies upon congressional 
     direction and a year-to-year horizon for planning purposes. 
     It would be beneficial for Congress, the Administration, and 
     project partners to have a comprehensive plan to outline 
     requirements for all projects that receive an appropriation. 
     The Committees on Appropriations would welcome a dialogue to 
     reach a mutually-agreeable way to comprehensively plan for 
     all ongoing projects.
       Inland Waterways Trust Fund.--For guidance on the Inland 
     Waterways Trust Fund, reference Senate Report 111-228.

                             INVESTIGATIONS

       The allocation for projects and activities within the 
     Investigations account is shown in the following table:

[[Page 20439]]





[[Page 20440]]



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[[Page 20442]]



[[Page 20443]]

       Interbasin Control of Great Lakes--Mississippi River 
     Aquatic Nuisance Species, Illinois, Indiana, Ohio, 
     Wisconsin.--Within the funds provided, the Corps is directed 
     to include interim studies providing the costs and benefits 
     of hydrologic separation of the Great Lakes watershed from 
     the Mississippi River watershed.
       Great Lakes Remedial Action Plans and Sediment 
     Remediation--Michigan, Illinois, Indiana, Minnesota, New 
     York, Ohio, Pennsylvania, and Wisconsin.--Studies on the 
     Black, Cuyahoga and Maumee Rivers, Ohio shall be undertaken 
     within the funds provided.
       Coastal Field Data Collection.--The Wave Data Study should 
     be continued within the funds provided.
       Planning Support Program.--$744,000 over the budget request 
     is provided for the Planning Support Program. The Corps has a 
     number of Planning Centers of Expertise, however, these 
     Centers do not have the resources necessary to make them 
     truly effective. The additional funds provided should be 
     utilized to ensure the effectiveness of these Centers and the 
     Corps is urged to budget necessary resources in future 
     budgets to ensure that these Centers of Expertise remain 
     viable assets for the Corps' planning program.
       Tribal Partnership Program.--Within the funds provided 
     studies with tribes in New Mexico and with the Lower Brule 
     Sioux Tribe in South Dakota should be undertaken.

                              CONSTRUCTION

       The allocation for projects and activities within the 
     Construction account is shown in the following table:

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[[Page 20445]]



[[Page 20446]]

       Ozark-Jeta Taylor, Arkansas.--This is another case where 
     Administration investments in our infrastructure seem to be 
     penny-wise and pound-foolish. The budget request provided no 
     funds for this on-going continuing contract. Termination 
     costs for this continuing contract are estimated to be 
     $20,000,000. Energy losses over the past 3 fiscal years 
     exceed $25,000,000 due to forced outages of the hydropower 
     units. Funds are provided to complete the rehabilitation work 
     on turbine unit 3.
       Oakland Harbor, California.--Within the funds provided, 
     $2,087,000 is for a repayment to the Port of Oakland to 
     settle the port's payments in excess of the local cost share 
     on the 42-foot construction project DACW07-95-003.
       Everglades and South Florida Ecosystem Restoration, 
     Florida.--For activities in the Central and South Florida 
     Project $136,426,000 is provided for Picayune Strand 
     including Faka Union Pump Station; Indian River Lagoon South; 
     C-111 (South Dade); for testing of the Pilot Projects; for 
     West Palm Beach Canal; and E&D for CERP including Adaptive 
     Assessment and Monitoring.
       Tampa Harbor, Florida.--$200,000 is provided above the 
     budget request to complete the General Reevaluation Report of 
     the federal project.
       Olmsted Locks and Dam, Ohio River, Illinois and Kentucky.--
     Funds are provided to continue construction of this project. 
     None of the funds provided for the Olmsted Locks and Dam 
     Project or any other construction funds are to be used to 
     reimburse the Claims and Judgment Fund.
       Muddy River, Boston and Brookline, Massachusetts.--Funding 
     is included to continue project design and construction, 
     including ecosystem restoration features.
       Rural Nevada, Nevada.--For guidance on the expenditure of 
     these funds reference Senate Report 111-228.
       North Dakota [EI], North Dakota.--Within the funds 
     provided: $1,600,000 is recommended for the Mandan Raw Water 
     Intake; $75,000 for the Southeast Water Users District SEWUD; 
     $1,700,000 for the Grafton Water Treatment Plant 
     Improvements; $1,375,000 for the North Prairie Rural Water 
     District; $1,575,000 for the Park River Water Distribution 
     System Improvements; $900,000 for the Walsh Rural Water 
     District Ground Storage Expansion; $1,500,000 for the Grand 
     Forks Water Treatment Plant--Pilot Testing and Design; 
     $275,000 for the Fargo Water Treatment Plant Facility Study 
     Plan; $1,825,000 for the McKenzie County Regional Water 
     Service; $750,000 for the Williams Rural Water Phase I; 
     $1,500,000 for the Greater Ramsey Water District expansion; 
     $100,000 for the Williston Waste Water Treatment System 
     Improvements; $425,000 for the LaMoure Sanitary Sewer Lining 
     Project; and $700,000 for the Traill Rural Water District 
     Phase III project.
       Rural Utah, Utah.--For guidance on the expenditure of these 
     funds reference Senate Report 111-228.
       Shore Line Erosion Control Development and Demonstration 
     Program.--$2,500,000 is provided for construction of a 
     shoreline erosion abatement device at Oil Piers in Ventura 
     County, California, as well as monitoring programs and other 
     appropriate activities under this authority.
       Continuing Authorities Program.--For guidance on the 
     Continuing Authorities Program, reference Senate Report 111-
     228.

                   MISSISSIPPI RIVER AND TRIBUTARIES

       The allocation for projects and activities within the 
     Mississippi River and Tributaries account is shown in the 
     following table:

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       Yazoo Basin, Big Sunflower Basin, Mississippi.--Not more 
     than $2,130,000 should be used for the continued construction 
     of these water quality and sedimentation reduction measures. 
     Water quality funds shall be used for the monitoring and 
     establishment of water quality reference indicators and the 
     development of total maximum daily loads target loads on 
     Yazoo Basin projects.
       Yazoo Basin, Delta Headwaters Project, Mississippi.--Funds 
     are provided for the Corps to undertake construction work in 
     the following watersheds: Abiaca Creek, Batupan Bogue, Black 
     Creek, Coldwater River, Cane-Mussacana Creek, Hurricane-Wolfe 
     Creek, Hickahala-Senatobia Creek, Hotophia Creek, Long Creek, 
     Pelucia Creek, Otoucalofa Creek, Toby-Tubby Creek, Yalobusha 
     River, and Skuna River. The Corps shall design and construct 
     future work, acquire real estate, and monitor results for all 
     watersheds in fiscal year 2011 and for future work as 
     required for completion of the total program.

                       OPERATION AND MAINTENANCE

       The allocation for projects and activities within the 
     Operation and Maintenance account is shown in the following 
     table:

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       Coyote Valley Dam, Lake Mendocino and Dry Creek (Warm 
     Springs) Lake and Channel.--All funding above the budget 
     request for these items is to be utilized to implement 
     relevant measures, particularly Reasonable and Prudent 
     Alternative 3, described in the National Marine Fisheries 
     Service Biological Opinion for Water Supply, Flood Control 
     and Channel Operations and Maintenance in the Russian River 
     Watershed, dated September 24, 2008.
       San Francisco Harbor, California.--Fiscal year 2011 funds 
     may be used to perform required annual maintenance dredging 
     and to finalize planning studies and the environmental 
     requirements for the potential project. The Corps shall 
     proceed to construction of a beach and dune nourishment 
     project as quickly as possible, and that initiation of the 
     construction shall be undertaken no later than fiscal year 
     2012.
       Michigan Great Lakes Harbor Maintenance and Dredging, 
     Michigan.--The Corps shall propose a maintenance program for 
     fiscal year 2011 that would most effectively utilize both the 
     budgeted funds along with the funds provided in this line 
     item for these harbor and waterway projects.
       New York Great Lakes Harbor Maintenance and Dredging, New 
     York.--The Corps shall propose a maintenance program for 
     fiscal year 2011 that would most effectively utilize both the 
     budgeted funds along with the funds provided in this line 
     item for these harbor and waterway projects.
       Wilmington Harbor, North Carolina.--$300,000 is provided 
     for studies and modeling of potential erosion impacts on 
     adjacent shorelines at the southern end of Wilmington Harbor.
       Garrison Dam and Lake Sakakawea, North Dakota.--$100,000 
     above the budget request is provided for mosquito control in 
     the Williston area due to shallow water habitat created by 
     the impoundment of Lake Sakakawea.
       Asset Management/Facilities and Equipment Maintenance.--For 
     guidance on the expenditure of these funds reference Senate 
     Report 111-228.
       Coastal Data Information Program.--Additional funding 
     recommended above the budget request along with the budget 
     request is directed toward the maintenance of wave 
     observations and the expansion of the national wave 
     monitoring network. The Corps is requested to report back to 
     the Committees on Appropriations on its plan to address 
     critical data gaps in this system.
       Great Lakes Navigation, IN, IL, MI, MN, NY, OH, PA & WI.--
     The Corps shall propose a maintenance program for fiscal year 
     2011 that would most effectively utilize these funds along 
     with the funds provided for harbor and waterway projects 
     bordering the Great Lakes.

                                EXPENSES

       Within the funds provided, $2,365,000 is for the Mid-
     Atlantic River Basin Commissions. Inclusion of this funding 
     should not be construed as a commitment by the Congress to 
     providing any funding for these commissions in the future.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      WATER AND RELATED RESOURCES


                     (including transfers of funds)

       Reprogramming.--To ensure that the expenditure of funds in 
     fiscal year 2011 is consistent with congressional direction, 
     to minimize the movement of funds, and to improve overall 
     budget execution, the bill includes a legislative provision 
     outlining the circumstances under which the Bureau of 
     Reclamation may reprogram funds.
       The allocation for projects and activities within the Water 
     and Related Resources account is shown in the following 
     table:

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       Central Valley Project--Friant Division.--Funds provided 
     for the San Joaquin River Restoration should be used in 
     conjunction with and in advance of those funds available from 
     the San Joaquin River Restoration Fund.
       St. Mary Project.--$1,000,000 has been recommended for the 
     St. Mary Diversion Rehabilitation Project. These funds should 
     be utilized using applicable Reclamation Law and as directed 
     in this Act.
       Pick-Sloan Missouri Basin, Garrison Diversion Unit, North 
     Dakota.--Within the funds provided, $2,000,000 is for the 
     Northwest Area Water Supply; $7,000,000 is for the South 
     Central Regional Water District; $7,000,000 is for the 
     Southwest Pipeline; and, $3,120,000 is for the Standing Rock 
     Sioux Tribe Irrigation Project.
       Drought Emergency Assistance.--Within the funds provided, 
     the Bureau of Reclamation is directed to recognize the unique 
     conditions in Hawaii and provide full and fair consideration 
     of the request for drought assistance from the State of 
     Hawaii and fund if meritorious.

                       POLICY AND ADMINISTRATION

       Five-year Plan.--The Administration is directed to provide 
     the Committees on Appropriations with a five-year plan. The 
     five-year plan will include the following: (1) two funding 
     scenarios, one which reflects the Administration's 
     expenditure ceilings and a second which reflects an 
     expenditure level consistent with the fiscal year 2011 
     appropriation, including inflation for the out-years; (2) a 
     list of active projects, as defined by a project receiving 
     funding in the previous three years, for which funding is not 
     proposed in the plan; (3) a full accounting of all rural 
     water, Tribal water settlement, and Title XVI projects that 
     are currently authorized, the total authorization, the 
     balance to complete, and total appropriations to date; (4) an 
     estimate of the total cost of extraordinary and emergency 
     operation and maintenance to address the backlog of project 
     needs due to the aging of Reclamation infrastructure; and, 
     (5) an explanation of the methodology used in determining the 
     project allocations, together with the direction provided to 
     field offices in the preparation of the five-year plan.

                               TITLE III

                          DEPARTMENT OF ENERGY

       The summary tables at the end of this title set forth the 
     congressional direction with respect to the individual 
     appropriations, programs, and activities of the Department of 
     Energy. Additional items in the Act are discussed below.
       The bill provides funding to continue the three Energy 
     Innovation Hubs established in fiscal year 2010. The initial 
     grants for these hubs were awarded at or near the end of 
     fiscal year 2010, and the level of funding provided in this 
     bill for fiscal year 2011 together with funding provided in 
     fiscal year 2010 are intended to fund the hubs through the 
     end of September 2011. Since funding for the hubs provided 
     under this Act is an acknowledgment of a change in the hubs' 
     five-year timelines to begin late in fiscal year 2010 and is 
     not intended to reduce their overall five-year funding 
     projections, the Department is directed to adjust its funding 
     timeline and plan to reflect this delayed start rather than 
     to change the scope of its research activities.
       The Department's Under Secretary of Science and the 
     National Nuclear Security Administration (NNSA) Administrator 
     are directed to prepare, within 120 days of enactment of this 
     Act, a joint, integrated strategy and program plan on how the 
     Office of Science's Advanced Scientific Computing Research 
     and NNSA's Advanced Simulation and Computing programs will 
     share responsibilities and coordinate research and 
     development activities to reach exascale computing required 
     for national security, energy, environmental, and other 
     science missions and to retain the United States' global 
     leadership and competitiveness in advanced computing.
       The Department is prohibited from funding fellowship and 
     scholarship programs in fiscal year 2011 unless they appeared 
     in the fiscal year 2011 congressional budget request 
     documents and are supported in this bill. Any new or ongoing 
     fellowship programs that the Department wishes to fund in 
     fiscal year 2012 must be detailed in the fiscal year 2012 
     budget request documents.
       The Department's efforts to achieve greater transparency in 
     financial and programmatic performance have resulted in 
     substantial improvements in the Department's financial 
     reporting. This has particularly been demonstrated in the 
     execution of the American Recovery and Reinvestment Act. In 
     other more focused efforts, greater transparency has exposed 
     significant financial risks and liabilities facing the 
     Department, such as those liabilities arising from contractor 
     managed defined benefit pension liabilities and other 
     contractor benefits. The Committees on Appropriations direct 
     the Department to apply the same degree of transparency to 
     its base programs and mission support activities by the end 
     of fiscal year 2011.
       Cost-Share Requirements.--Section 988 of the Energy Policy 
     Act of 2005 (EPACT) imposes statutory cost-share requirements 
     on Department of Energy grants that vary for basic research 
     and development, applied research and development, and 
     demonstration projects. The Secretary has the authority to 
     waive cost-share requirements on individual projects. While 
     the well-reasoned, judicious use of this authority may be 
     warranted in individual cases, the Department should extend 
     its commitment to transparency to its use of cost-share 
     waivers. The Department is therefore directed to notify the 
     Committees on Appropriations, within three days of awarding 
     funding, of the specific terms of any cost-share waiver or 
     modification granted to the recipient.

                        CONGRESSIONAL DIRECTION

       The Department of Energy is directed to operate in a manner 
     fully consistent with the following reprogramming guidelines. 
     For the first year, reprogramming requirements are included 
     in statute owing to the Department's failure to comply with 
     existing reprogramming guidelines. A reprogramming request 
     must be submitted to the House and Senate Committees on 
     Appropriations for consideration before any implementation of 
     a reorganization proposal which includes moving previous 
     appropriations between appropriation accounts. The Department 
     is directed to inform the Committees promptly and fully when 
     a change in program execution and funding is required during 
     the fiscal year. To assist the Department in this effort, the 
     following guidance is provided for programs and activities 
     funded in the Energy and Water Development and Related 
     Agencies Appropriations Act. The Department is directed to 
     follow this guidance for all programs and activities unless 
     specific reprogramming guidance is provided for a program or 
     activity.
       Definition.--A reprogramming includes the reallocation of 
     funds from one activity to another within an appropriation, 
     or any significant departure from a program, project, 
     activity, or organization described in the agency's budget 
     justification as presented to and approved by Congress, 
     except where specific deviations are allowed in the text that 
     follows. For construction projects, a reprogramming 
     constitutes the reallocation of funds from one construction 
     project identified in the justifications to another project 
     or a significant change in the scope of an approved project.
       Any reallocation of new or prior year budget authority or 
     prior year de-obligations must be submitted to the House and 
     Senate Committees on Appropriations in writing and may not be 
     implemented prior to approval by the Committees.

                            COST ESTIMATING

       There continues to be concern with the Department's ability 
     to manage large construction projects within estimated cost 
     and schedule. The Department has several multi-billion dollar 
     facilities underway, and it is critical that improvements be 
     made in project management. For some projects, the Department 
     is making critical decisions for state-of-the-art nuclear 
     facilities prior to 90 percent completion of design. The 
     Department is directed in its project management order to 
     specifically define the required levels of design maturity 
     that are necessary at each critical decision point, and to 
     ensure that these levels are consistent with accepted 
     construction industry best practices. In addition, the 
     Department's policies for gauging the maturity of new 
     technologies being developed or proposed for its projects are 
     inconsistent with best practices used by other federal 
     agencies. The Government Accountability Office has found that 
     the Department's policies allow a project to proceed with 
     construction with insufficient assurance that a new 
     technology is adequately mature. Therefore, the Department is 
     directed to evaluate where its policies, orders, and guidance 
     for gauging the maturity of new technologies is inconsistent 
     with best practices and, as appropriate, revise them to 
     ensure consistency or specifically justify why such 
     differences are necessary or appropriate.
       Another concern is the current organization of the 
     Department's cost estimating offices. The newer Office of 
     Cost Analysis (OCA) is separate from the Department's 
     existing office that performs a similar but broader cost 
     review function. Placing the OCA under the office that 
     manages the Department's finances, the Office of the Chief 
     Financial Officer (CFO), may limit the OCA's independence, 
     ability to conduct objective analysis, and access to 
     relevantly skilled staff. This may lead to duplication of 
     efforts and does not reflect best practices. Centralizing a 
     cost estimating team, rather than maintaining separate teams, 
     facilitates sharing resources and using standard processes. 
     This organization is also inconsistent with Congress' recent 
     action to establish an independent cost estimating office at 
     the Department of Defense, whose project management 
     responsibilities are similar to those of the Department of 
     Energy. The Department was directed in fiscal year 2009 and 
     2010 to move the OCA from the CFO and consolidate the OCA 
     with the existing cost estimating group within the Management 
     Office. The Department did not respond directly to this 
     direction; however, it is currently reviewing its policy. 
     Upon completion of this review, and not later than 90 days 
     after enactment of this Act, the Department is directed to 
     provide the Committees on Appropriations with

[[Page 20458]]

     a report outlining the organizational justification for the 
     future of the cost estimating office(s) at the Department, 
     and to provide a detailed analysis of how this arrangement 
     will better serve the Department's dismal cost estimating 
     record.

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

       Reporting Requirements.--In some cases, of the amount 
     directed to each specific program or activity, the Department 
     has redirected a significant fraction to other purposes 
     within the account. Sometimes as high as 11 or 12 percent of 
     each program's appropriated budget, this ``tax'' on the 
     individual programs includes some justifiable purposes, such 
     as reserving 2.8 percent of funds for Small Business 
     Innovation Research and Small Business Technology Transfer 
     grants. However, the remaining unexplained redirection of 
     funds in many cases appears counter to congressional 
     direction and lacks transparency. The Department is therefore 
     directed to report to the Committees on Appropriations, not 
     later than 90 days after enactment of this Act, for each 
     funding level provided in this Act, the exact quantity of 
     funds allocated by the Department for that purpose, and the 
     specific reasons and redirected funding amounts for any 
     program whose allocation is less than that directed by the 
     bill.
       As the nation continues to focus on ways to improve energy 
     efficiency, the Department is requested to update its 1995 
     report on the Impacts of Landscaping for Energy Efficiency 
     (DOE/GO-10095-046).
       Minority Outreach Programs.--In fiscal year 2009, the 
     Department was directed to implement an aggressive program to 
     take advantage of the Historically Black Colleges and 
     Universities and Hispanic Serving Institutions across the 
     country in order to deepen the recruiting pool of diverse 
     scientific and technical staff available to support the 
     growing renewable energy marketplace. The Department is 
     encouraged to continue these programs as a means to tap the 
     nation's full diversity of talent as the Department works 
     with the public and private sectors to meet our nation's 
     energy challenges.
       Hydrogen Technology.--Within available funds, the bill 
     includes $15,000,000 for Technology Validation, at least half 
     of which is focused on vehicle and hydrogen infrastructure 
     applications; $47,000,000 for hydrogen fuels R&D, with a 
     particular focus on the synergies between hydrogen and 
     renewable energy and deriving hydrogen from renewable 
     resources; and $15,000,000 for Market Transformation in early 
     markets, particularly for stationary sources (not safety 
     codes and standards).
       Biomass and Biorefinery Systems Research and Development.--
     Within available funds, the bill provides $59,000,000 for 
     integrated biorefineries; $10,000,000 for analysis and 
     sustainability; $85,080,000 for conversion technologies; 
     $10,710,000 for the sustainable production within the 
     feedstocks activity; and $10,710,000 for logistics within the 
     feedstocks activity.
       The bill provides a total of $30,000,000 for algae 
     biofuels, to include $5,000,000 for research and development 
     activities for halophilic algae applications in partnership 
     with a university-led consortia having expertise in this area 
     and ready access to a wide variety of high-salinity algae 
     strains. The bill provides $10,000,000 for the cellulosic 
     reverse auction; as the Department is considering devoting 
     $4,500,000 from fiscal year 2008 to a reverse auction, the 
     Department is urged to delay such action and combine previous 
     year funds with fiscal year 2011 funds to make the reverse 
     auction more compelling.
       The bill provides $2,000,000 for coordination with the 
     Fuels Technology subprogram under Vehicle Technologies to 
     continue testing the effects of intermediate fuel blends (15-
     20 percent ethanol mixed with 80-85 percent gasoline) on Tier 
     1 vehicles and small engines. The testing will provide data 
     on how these blends may affect materials, durability, 
     performance and emissions of legacy engines. Work should be 
     done in coordination with the Vehicle Technologies Program. 
     The bill further provides $2,500,000 for a demonstration of a 
     catalytic process to convert liquid ethanol into gaseous 
     ethylene.
       Solar Energy.--Within available funds, the Department is 
     directed to provide $50,000,000 for concentrating solar power 
     demonstration projects as proposed in the budget request. The 
     Department is encouraged to designate and fund, in fiscal 
     year 2011, a center for solar energy innovation to be located 
     in close proximity to high-quality solar resources and the 
     site chosen by the Department for its Solar Demonstration 
     Zone Project. The center should support the research, 
     development, and deployment of the essential components of 
     the solar energy supply chain to promote the integration of 
     solar technologies and products into utility, building and 
     commercial systems, and to improve their reliability, 
     affordability and rapid deployment across the Southwest 
     region and the United States.
       The Department is encouraged to continue its efforts to 
     invest in promising high efficiency, low-cost concentrated 
     photovoltaic solar technology that will accelerate the 
     achievement of grid parity.
       Solar films can provide significant cost and efficiency 
     advantages to thin film and crystalline silicon modules, and 
     the Department is encouraged to expand the funding of solar 
     films research and development to support the development of 
     a cross-cutting advanced solar films program to improve the 
     cost-effectiveness of solar technologies.
       Geothermal Technology.--The Department is directed to make 
     not less than $5,000,000 available to continue development 
     and deployment of low-temperature geothermal systems. The 
     Department shall provide the Committees on Appropriations 
     with a copy of its report required by section 621 of Public 
     Law 110-140 evaluating the Department's progress implementing 
     the geothermal provisions of Public Law 110-140 and 
     evaluating additional advanced concepts and technologies to 
     maximize the geothermal resource potential of the United 
     States.
       Water Power.--Within the funds provided, $14,000,000 is for 
     conventional hydropower activities and $41,000,000 is for 
     marine and hydrokinetic activities. Within available funds, 
     the Department is directed to provide not less than 
     $6,000,000 for the construction of necessary testing 
     infrastructure for marine and hydrokinetic systems, and 
     $1,000,000 for research and development of tidal barrage 
     technology.
       Vehicle Technologies.--The Department is directed to make 
     $3,000,000 available to continue efforts on both stationary 
     and in-motion inductive power transfer technology to a 
     national laboratory and university consortium.
       Batteries that reach the end of their useful lives in 
     electric vehicles will have remaining capacity for other 
     uses, and the Department is directed to use $2,000,000 in 
     conjunction with the Office of Electricity Delivery and 
     Energy Reliability to commence work on the secondary use 
     program authorized in section 915 of the Energy Policy Act of 
     2005. The Department is further directed to establish a 
     program to collect and synthesize data on the use of plug-in 
     electric drive vehicles and provide technical assistance to 
     communities that want to prepare for plug-in electric drive 
     vehicle deployment.
       Building Technologies.--Within the funds provided, 
     $5,000,000 is for the solar decathlon, and $16,000,000 is for 
     the Energy Efficient Building Systems Design Energy 
     Innovation Hub.
       The bill provides $10,000,000 for the Bright Tomorrow 
     Lighting Prize to fund prizes for competitions specified in 
     section 655 of the Energy Independence and Security Act of 
     2007 that have been previously announced by the Department.
       Further, an additional $26,809,000 is for solid state 
     lighting research and development. While solid state lighting 
     is still too expensive to compete with existing general 
     lighting products, solid state lighting has the potential to 
     substantially reduce energy consumption while cutting energy 
     bills. To reduce product costs, the Department was encouraged 
     in fiscal year 2010 to fund research and development aiming 
     to lower solid state lighting manufacturing costs, and the 
     Department did so with Recovery Act funds but has yet to 
     devote any regular fiscal year funding. The bill therefore 
     includes $6,500,000 for new research and development awards, 
     from within the amount provided, of which no less than 
     $3,200,000 is provided for new awards for manufacturing 
     research and development.
       The bill includes $1,500,000 for research and development 
     activities for advanced sensing and control technologies for 
     task-intuitive lighting systems, and the Department is 
     directed to identify a university-led partnership with 
     experience in this field.
       The Energy Policy Conservation Act of 1975 authorized the 
     Department to issue efficiency standards for a list of 
     products, and to date televisions are the only item for which 
     the Department has failed to issue a standard. The Secretary 
     is encouraged to complete a rulemaking process to establish 
     effective efficiency standards for televisions, as 
     expeditiously as possible.
       Industrial Technologies.--Within the funds provided, 
     $30,000,000 is for research, development, demonstration and 
     market transformation of large, medium, and small scale 
     combined heat and power generation systems, to include not 
     less than $8,000,000 for small scale systems at or below 20 
     kilowatts generation capacity.
       The bill includes not less than $6,832,000 for Industries 
     of the Future (Specific), to include activities to improve 
     production processes in the glass industry, and to include 
     $4,205,000 for the steel industry for improvements in 
     production.
       District energy and combined heat and power (CHP) systems 
     can significantly reduce primary energy usage by taking 
     advantage of economies of scale and capturing waste energy 
     that would otherwise go unused. District energy systems offer 
     near-term opportunities to increase the energy efficiency and 
     ambit of existing networks through the addition of combined 
     heat and power systems, connection with additional buildings 
     dependent on single-building-based heating and cooling, and 
     conversion from fossil-fuel to renewable fuel sources 
     including biomass. Recent investments made by the Department 
     in these systems are to be commended, and the Department is 
     encouraged to consider avenues for further improving related 
     technologies, addressing their

[[Page 20459]]

     barriers to deployment, and encouraging their widespread use.
       Federal Energy Management Program.--The bill includes 
     $1,000,000 for the Department to conduct an assessment of the 
     most appropriate places to deploy electric vehicles in the 
     federal fleet and to begin a pilot program to deploy electric 
     vehicles based on the assessment.
       The FEMP is intended to assist federal agencies--which 
     together spend roughly $10,000,000,000 annually on energy 
     procurements--in achieving energy savings. In its recent 
     audit report on the FEMP, the Department's Inspector General 
     (OIG) found that the FEMP ``had not always maintained up-to-
     date energy efficiency specifications; could not demonstrate 
     that it had adequately pursued the development of new energy 
     efficiency specifications; and had not effectively managed 
     relevant contractor efforts essential to the program.'' The 
     Department is directed to deliver by March 15, 2011 an action 
     plan to address the problems identified by the OIG.
       Facilities and Infrastructure.--The bill provides 
     $57,500,000 for facilities and infrastructure, to include 
     $39,500,000 for construction of the Energy Systems 
     Integration Facility (ESIF) at the National Renewable Energy 
     Laboratory. It is expected that this funding, in conjunction 
     with two prior year appropriations, is the final 
     appropriation required to construct and fully equip ESIF and 
     that the Department will begin construction of the facility 
     without further delay.
       Program Support.--Within the funds provided, $2,000,000 is 
     to continue the United States-Israel energy cooperation 
     agreement.
       State Energy Program.--The bill provides $40,000,000 for 
     formula grants and $10,000,000 for competitive grants.
       Congressionally Directed Projects.--The bill provides 
     $211,580,000 for the following congressionally directed 
     projects and activities.

[[Page 20460]]

     
     


[[Page 20461]]

              Electricity Delivery and Energy Reliability

       Cyber Security for Energy Delivery Systems Research and 
     Development.--It is critical that the Department works to 
     ensure the deployment of smart grid technologies does not 
     jeopardize the reliability or security of the nation's 
     electrical infrastructure. The Department is directed to work 
     with its national laboratories on research to evaluate the 
     potential impacts of new technologies on grid reliability and 
     security. The Department shall report to the Committees on 
     Appropriations not later than 60 days after enactment of this 
     Act, on its efforts to cooperatively work with the private 
     sector on grid security standards and implementation.
       Smart Grid Research and Development.--Growing constraints 
     and requirements on the nation's electric power delivery 
     system have resulted in various efforts to modernize the grid 
     by realizing energy efficiency improvements in power 
     transmission and distribution. While recent programs focused 
     on transmission, smart metering, and in-home energy 
     management technologies, other important approaches, such as 
     those that increase the efficiency of the distribution grid, 
     have received less public attention. As the Department has 
     recently highlighted the importance of optimizing the entire 
     electric delivery supply chain, the Department is encouraged 
     to advance distribution-based technologies that increase 
     energy efficiency by means of reducing energy loss that 
     occurs during electricity distribution, and that optimize the 
     load levels through voltage controls on the distribution 
     system. Such grid-based technologies can greatly enhance 
     energy savings across the electric power delivery system and 
     are essential for the integration of renewable and 
     distributed energy resources, electric vehicles and demand 
     response applications.
       Congressionally Directed Projects.--The bill provides 
     $11,050,000 for the following congressionally directed 
     projects and activities.

[[Page 20462]]

     
     


[[Page 20463]]

                             Nuclear Energy

                NUCLEAR ENERGY RESEARCH AND DEVELOPMENT

       Nuclear Energy Enabling Technologies.--Within the funds 
     provided, $16,000,000 is for the Modeling Simulation Energy 
     Innovation Hub, $31,320,000 is for Cross-cutting Technology 
     Development, and no funds are provided for Transformative 
     Nuclear Concepts.
       Integrated University Program.--The bill provides 
     $5,000,000 for the Integrated University Program.
       Reactor Concepts Research, Development, and 
     Demonstration.--The bill provides $196,830,000, of which 
     $55,000,000 is for Small Modular Reactors, $17,500,000 is for 
     Light Water Reactor (LWR) Sustainability, and $15,870,000 is 
     for Advanced Concepts.
       The bill provides $103,000,000 for the Next Generation 
     Nuclear Plant (NGNP). There continues to be serious questions 
     regarding the participation of industry and its cost-share 
     contribution to the project. This has brought the future of 
     the project, as currently configured, into question. The 
     Department has delayed the Secretarial decision on proceeding 
     to Phase 2 of the NGNP project until August 2011. The 
     justification for the slippage in the Secretarial decision is 
     unclear given the technology readiness analysis and Nuclear 
     Energy Advisory Committee report will be completed by May. If 
     by the end of June 2011, the Secretary has not decided to 
     advance the NGNP project to Phase 2, the Department is 
     directed to use $23,000,000 of NGNP funds to advance the 
     Small Modular Reactors program.
       Fuel Cycle Research and Development.--Within the funds 
     provided, $15,000,000 is provided to continue the multi-year 
     effort deep-burn research and development of high-performance 
     ceramic-particle-based fuels for the current nuclear reactor 
     fleet and future light-water and high-temperature gas 
     reactors and demonstrate concept feasibility and initial fuel 
     performance for utilization in commercial reactors within 2 
     years. Further, $3,500,000 is provided to issue a competitive 
     solicitation requesting industry teams (fuel suppliers, 
     utilities and advanced ceramic developers) for cost-shared 
     proposals to develop and test advanced LWR fuel with ceramic 
     cladding, with the capability of very high burn up and with 
     the objective of achieving readiness for Lead Test Rod 
     operation in commercial reactors within 5 years.
       The bill includes $45,000,000 for Used Nuclear Fuel 
     Disposition, of which $26,000,000 is to establish a Center of 
     Excellence for Nuclear Waste Management. The Center's 
     research agenda shall be informed by the recommendations of 
     the President's Blue Ribbon Commission on America's Nuclear 
     Future and be supportive of and consistent with other nuclear 
     waste management research activities. The Center will be 
     competitively awarded to preserve and build upon the 
     expertise and science formerly within the Office of Civilian 
     Radioactive Waste Management. Within 60 days of the enactment 
     of this Act, the Department is directed to submit a report on 
     (1) how the Center of Excellence for Nuclear Waste Management 
     will support the used nuclear fuel research agenda and (2) 
     plans to retain the federal and contractor expertise on 
     geological waste repositories and archive all scientific 
     documentation relating to the Yucca Mountain project.

                   RADIOLOGICAL FACILITIES MANAGEMENT

       Space and Defense Infrastructure.--Within the funds 
     provided, $15,160,000 is for nuclear infrastructure at Oak 
     Ridge.

                   CONGRESSIONALLY DIRECTED PROJECTS

       Congressionally Directed Projects.--The bill provides 
     $7,800,000 for the following congressionally directed 
     projects and activities.

[[Page 20464]]

     
     


[[Page 20465]]

                 Fossil Energy Research and Development

       Fuels and Power Systems.--The bill provides $10,000,000 in 
     addition to sums allocated for university research, to 
     initiate the National Energy Technology Laboratory (NETL)-
     Regional University Alliance for Energy Innovation and the 
     Department's support for this initiative is encouraged. 
     Within Innovations at Existing Plants, $5,000,000 is for the 
     mercury research program. The bill provides $155,000,000 for 
     Carbon Sequestration activities, including funds for the 
     integrated emission reduction initiative, a Focus Area for 
     Carbon Sequestration Science, and $12,000,000 for an 
     initiative focused on innovative concepts for the beneficial 
     use of carbon dioxide for non-geological activities.
       Natural Gas Technologies.--The bill includes $15,000,000 
     for methane hydrates research. The bill has restored the 
     hydrates technology program to this account and does not 
     support funding a gas hydrates research program within the 
     Office of Science. Within available funds, funding is 
     provided to continue research that targets small, independent 
     producers for exploration and production and safety 
     activities, including completion and well control technology, 
     and for efforts to minimize the environmental impacts of 
     natural gas development, including advancement of water 
     resources treatment technologies. The bill supports 
     initiatives to treat produced water, including for beneficial 
     reuse, and includes funding to support demonstration-scale 
     projects to treat water resources associated with domestic 
     natural gas development. The bill also includes funding for 
     continued support of unconventional natural gas production 
     from basins that contain tight gas sands, shale gas, and coal 
     bed methane resources.
       Unconventional Fossil Energy Technologies.--The bill 
     provides $20,000,000 to continue the implementation of the 
     Department's research, development, and deployment technology 
     strategy for unconventional fossil energy resources. Within 
     this amount, $15,000,000 is for activities to address 
     technological, economic, and environmental challenges 
     associated with development of unconventional resources in 
     the Western Energy Corridor of which $8,000,000 is for oil 
     shale and tar sands activities. The bill also provides 
     $1,200,000 to continue the Risk Based Data Management System. 
     Within available funds, the bill supports the stripper well 
     program as well as ongoing research being conducted for small 
     producers for enhanced oil recovery, exploration and 
     production, safety, and environmental solutions. The bill 
     does not provide funding for methane hydrates research and 
     development in the Unconventional Fossil Energy Technologies 
     account.
       There is deep concern that the Department disregarded 
     Congressional direction and reprogramming guidelines by 
     improperly augmenting the $17,833,000 provided in the Fiscal 
     Year 2010 conference agreement for methane hydrates research 
     with $4,000,000 from the Unconventional Fossil Energy 
     Technologies account. It is expected that the Department will 
     avoid the use of such transfers to exceed congressionally 
     established spending limits, and will strictly adhere to 
     those limits in the future.
       Program Direction.--Within the funds provided, $129,400,000 
     is for program direction at NETL.
       Congressionally Directed Projects.--The bill provides 
     $23,000,000 for congressionally directed projects in the 
     following table. 

[[Page 20466]]

     
     


[[Page 20467]]

                   Non-Defense Environmental Cleanup

       Reprogramming Authority.--In fiscal year 2011, the 
     Department may transfer funding between operating expense-
     funded projects within the controls listed below. All capital 
     construction line item projects remain separate controls from 
     the operation projects. The Committees on Appropriations must 
     be formally notified in advance of all reprogrammings, and 
     the Department is to take no financial action in anticipation 
     of a congressional response. The following are the 
     reprogramming control points: Fast Flux Test Reactor 
     Facility, Gaseous Diffusion Plants, Small Sites, West Valley 
     Demonstration Project, and construction line-items.
       Internal Reprogramming.--In fiscal year 2011, Environmental 
     Management site managers may transfer up to $2,000,000, one 
     time, between accounts listed above to reduce health and/or 
     safety risks, gain cost savings, or complete projects as long 
     as a program or project is not increased or decreased by more 
     than $2,000,000 in total during the year. The reprogramming 
     authority may not be used to initiate new programs or to 
     change funding for programs specifically denied, limited, or 
     increased by Congress in the Act or report. The Committees on 
     Appropriations must be notified within 30 days after the use 
     of the internal reprogramming authority.
       Economic Development.--None of the Non-Defense 
     Environmental Management funds, including those provided in 
     the Non-Defense Environmental Cleanup and Uranium Enrichment 
     Decontamination and Decommissioning Fund, are available for 
     economic development activities.

      Uranium Enrichment Decontamination and Decommissioning Fund

       The bill provides $550,000,000 for activities funded from 
     the Uranium Enrichment Decontamination and Decommissioning 
     Fund. The bill includes $200,000,000 for Oak Ridge, 
     Tennessee; $85,000,000 for Paducah, Kentucky; and 
     $265,000,000 for Portsmouth, Ohio.

                                Science

       Basic Energy Sciences.--$16,000,000 is provided for the 
     Fuels from Sunlight Energy Innovation Hub, $11,000,000 is 
     provided for the proposed Batteries and Energy Storage Energy 
     Innovation Hub, and no funding is provided to establish 
     additional Energy Frontier Research Centers. The bill 
     provides $17,500,000 for the Experimental Program to 
     Stimulate Competitive Research. The bill provides no funding 
     for a research program in gas hydrates within the Office of 
     Science, but rather provides funding within Fossil Energy for 
     the program. No funding is provided for the proposed new 
     effort in the area of multiscale models for advanced engine 
     design.
       Biological and Environmental Research.--Within available 
     funds, the bill provides $11,000,000 for artificial retina 
     research. The Department is directed to provide to the 
     Committees on Appropriations, not later than 120 days after 
     enactment of this Act, a plan for collaboration with the 
     National Institutes of Health (NIH) to produce an artificial 
     retina meeting the goal of more than 1,000 electrodes, in 
     which the Department of Energy provides its expertise in 
     materials, engineering, and the physical sciences, and the 
     NIH utilizes its expertise in medicine and human biological 
     science. The bill provides no funding for nuclear medicine 
     research in this program, but instead provides funding within 
     the Nuclear Physics program.
       Fusion Energy Sciences.--Within available funds, the bill 
     provides $4,000,000 for ongoing experiments using krypton 
     fluoride lasers to advance inertial fusion energy. The 
     Department is directed to submit a 10-year plan, not later 
     than 12 months after enactment of this Act, on the 
     Department's proposed research and development activities in 
     magnetic fusion under four realistic budget scenarios. The 
     report shall (1) identify specific areas of fusion energy 
     research and enabling technology development in which the 
     United States can and should establish or solidify a lead in 
     the global fusion energy development effort and (2) identify 
     priorities for facility construction and facility 
     decommissioning under each of the four budget scenarios. The 
     Department is encouraged to use a similar approach adopted by 
     the Particle Physics Project Prioritization Panel that 
     developed a 10-year strategic plan for the Department's high 
     energy physics program.
       Nuclear Physics.--Within the funds provided, $15,400,000 is 
     for nuclear medicine research with human application. The 
     Department is directed to report to the Committees on 
     Appropriations, not later than 120 days after enactment of 
     this Act, a plan to transition this research to the National 
     Institutes of Health (NIH). The plan should include how the 
     Department of Energy can provide its expertise in nuclear 
     science and fundamental research applicable to diagnostic and 
     therapeutic tools to support NIH's applications in human 
     medicine and biological sciences.
       Workforce Development for Teachers and Scientists.--Within 
     the funds provided, up to $6,500,000 is for the graduate 
     fellowship program, and the Department is directed to provide 
     to the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, a plan on the objectives of this 
     program and funding needs over the next 10 years at a level 
     that is sustainable and within realistic budgetary 
     constraints.
       The bill provides $2,000,000 for the Department to contract 
     with the National Academy of Sciences to conduct an 
     independent study of best practices to support implementation 
     of college and career ready standards for math and science. 
     The study will include development and alignment of 
     curriculum, alignment of professional development, alignment 
     to teacher and school leader preparation program curriculum 
     and training, and development of a comprehensive assessment 
     system aligned to such standards. The Department is directed 
     to report on the findings of the study to the Committees on 
     Appropriations and appropriate authorizing committees not 
     later than September 30, 2012.
       Science Laboratories Infrastructure.--The bill provides 
     $115,500,000 for Science Laboratories Infrastructure.
       Congressionally Directed Projects.--The bill provides 
     $61,650,000 for the following congressionally directed 
     projects and activities.

[[Page 20468]]

     
     


[[Page 20469]]

         Title 17 Innovative Technology Loan Guarantee Program

       The bill provides $8,000,000,000 in loan authority for 
     nuclear power facilities and $4,000,000,000 in loan authority 
     for fossil energy facilities which includes coal and 
     petroleum coke-based power generation and industrial 
     gasification projects that incorporate carbon capture and 
     sequestration (CCS), pipelines, and transportation of 
     CO2. The bill also provides $405,982,000 in credit 
     subsidy for renewable projects.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

       The NNSA is directed to submit to the Committees on 
     Appropriations both a classified and unclassified report 90 
     days after the completion of the B61 Phase 6.2/2A study with 
     (1) a description of the safety and security features the 
     NNSA would add to a refurbished B61 and (2) a cost and 
     benefit analysis of installing the proposed features in the 
     warhead. The cost and benefit analysis should include (1) the 
     costs of science, technology, and engineering to install new 
     safety and security features, (2) the costs of assessing the 
     impact the new features may have on the performance of the 
     nuclear explosive package at the national laboratories, (3) 
     the extent to which the proposed safety and security features 
     address specific safety and security concerns, and (4) why 
     current safety and security features would not be sufficient.
       Upon completion of the report above, the NNSA is further 
     directed to commission an independent assessment from the 
     JASON Group of scientific advisers that would set forth 
     meaningful criteria for evaluating how much intrinsic nuclear 
     warhead safety and security is enough when measured against 
     the plausible range of deployment scenarios and threats 
     likely to confront the future stockpile, and analyze the 
     specific costs and benefits of installing such feature or 
     features in a warhead. The NNSA is also directed to take 
     actions to improve the management of the life extension 
     program as recommended by the GAO in report GAO-09-385.
       The Administrator of the NNSA is directed to review the 
     current surveillance program and report to the Committees on 
     improvements that should be made and an implementation plan 
     for such improvements, along with budgetary requirements, 
     within 120 days of the enactment of this Act.

                           Weapons Activities

                        DIRECTED STOCKPILE WORK

       Stockpile Systems.--Within the funds provided, $26,000,000 
     is for the new W78 life extension study as described in the 
     budget justification. No budget request was made for a Phase 
     2/2A study. Within these funds, the bill provides 
     $165,000,000 to support surveillance activities.
       Weapons Dismantlement and Disposition.--Within the funds 
     provided, $27,500,000 shall be used for weapons dismantlement 
     and disposition work at Pantex. The NNSA is directed to 
     provide the Committees on Appropriations an annual report on 
     the progress on the backlog, including, but not limited to, 
     how many weapons and weapons components are planned for 
     dismantlement, how many were dismantled, the remainder 
     awaiting dismantlement and future year plans.
       Stockpile Services.--Within the funds provided, at least 
     $74,000,000 shall be used to support surveillance activities 
     and $84,100,000 shall be used for scheduled weapons assembly, 
     disassembly and dismantlement work at Pantex.

                               CAMPAIGNS

       Science Campaign.--Within the funds provided, $44,501,000 
     shall be used at the Sandia National Laboratory's Z facility.
       Inertial Confinement Fusion Ignition and High Yield 
     Campaign.--Within the funds provided, at least $62,477,000 
     and $48,000,000 shall be used at the Omega facility and the Z 
     facility, respectively.
       NNSA did not attempt the first ignition shot at the 
     National Ignition Facility (NIF) at the end of fiscal year 
     2010, as originally planned, because of scientific and 
     technical challenges and management weaknesses. The first 
     ignition shot has now been delayed to the end of fiscal year 
     2011--a delay of 1 year. For this reason, the NNSA, within 
     120 days of enactment of this Act, is directed to establish 
     an independent federal advisory committee made up of subject-
     matter experts that will regularly evaluate experiments 
     planned on NIF, identify potential weaknesses to the 
     experimental plan, and recommend, if necessary, alternative 
     and innovative approaches to address scientific and technical 
     challenges to achieve ignition by the end of fiscal year 
     2011. The federal advisory committee meetings and their 
     results should be open to the scientific community where 
     proposals, component designs, and the ignition shot plan are 
     discussed and debated. Timely access to raw scientific data 
     by outside users will be an essential first step to 
     attracting a user community when NIF becomes a national user 
     facility.

               READINESS IN TECHNICAL BASE AND FACILITIES

       NNSA is directed in the budget request to identify funds 
     for the Kansas City Responsive Infrastructure Manufacturing 
     and Sourcing project as a separate line item under the RTBF 
     account with an explanation of how the funds will be used to 
     support the project.

                            SITE STEWARDSHIP

       The NNSA is directed to submit with the fiscal year 2012 
     budget request the list of projects under the energy 
     modernization and investment program. The list of projects 
     should include the total cost of each project, the expected 
     cost savings and other benefits of each project and when 
     those cost savings will be realized, and the extent to which 
     they contribute to NNSA's energy conservation goals.

                   CONGRESSIONALLY DIRECTED PROJECTS

       The bill provides $2,000,000 for the following 
     congressionally directed projects and activities.

[[Page 20470]]

     
     


[[Page 20471]]

                    Defense Nuclear Nonproliferation

       The NNSA is directed to provide a report by April 1, 2011, 
     with (1) the measures and indicators it will use to assess 
     the progress in meeting the 4 year goal of securing all 
     vulnerable nuclear materials, (2) the progress it has made 
     toward meeting the goals 2 years into the effort, and (3) 
     additional measures it must take and funding requirements for 
     the last 2 years. Such measures should include the fraction 
     of the total number of sites in the world with nuclear 
     weapons or weapons-usable materials where all of those stocks 
     have been eliminated and the fraction that have demonstrated 
     that their security systems are performing effectively and 
     could protect against a broad range of outsider and insider 
     threats.

       NONPROLIFERATION AND VERIFICATION RESEARCH AND DEVELOPMENT

       The bill includes $10,000,000 for National Nuclear Security 
     Administration (NNSA) laboratories to use their expertise for 
     space situational awareness and at least $500,000 for the 
     Global Seismographic Network equipment replacement. The NNSA 
     is directed to submit a report with the fiscal year 2012 
     budget to the Committees on Appropriations on each project 
     with the baseline cost, scope and schedule, deliverables, the 
     public or private entity performing the research and 
     development, and the proposed user.

       INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION

       The NNSA is directed to submit a report to the Committees 
     on Appropriations not later than 90 days of enactment on (1) 
     whether Russia has taken steps to implement the Joint 
     Transition Plan, (2) the remaining challenges in sustaining 
     security upgrades and how NNSA plans to address those 
     challenges, and (3) U.S. resources, whether direct or 
     indirect, needed after fiscal year 2012 to support U.S.-
     funded MPC&A activities.

                     FISSILE MATERIALS DISPOSITION

       The bill provides $918,213,000 for Fissile Materials 
     Disposition. The bill includes $248,940,000 for U.S. Surplus 
     Fissile Material Disposition, of which $82,999,000 is for the 
     Pit Disassembly and Conversion facility (PDCF). This 
     reduction is due to adjustments in the schedule and scope of 
     the PDCF project that result in the deferment of costs into 
     fiscal year 2012.
       The NNSA is directed to submit a report to the Committees 
     on Appropriations not later than 90 days after enactment of 
     this Act on what actions it has taken to inform utilities 
     about the MOX fuel program and related incentives and how it 
     plans to increase the number of customers for MOX fuel.
       The bill includes $30,500,000 for Russian Surplus Fissile 
     Material Disposition. There is strong support for the 
     nonproliferation goal of this program to dispose of 34 metric 
     tons of Russian surplus weapons-usable plutonium. However, 
     this bill does not provide the funding request for this 
     program because of delays in establishing the infrastructure 
     and milestones required for Russia to receive U.S. 
     contributions and the NNSA does not plan on providing any 
     funding to Russia until fiscal year 2012. The NNSA is 
     directed to submit a report to the Committees on 
     Appropriations not later than 90 days after enactment of this 
     Act on how the United States will spend the $400,000,000 to 
     help Russia dispose of excess plutonium and the milestones in 
     the program that Russia must meet before the United States 
     releases any of these funds.

                   GLOBAL THREAT REDUCTION INITIATIVE

       The bill includes $568,838,000 for the Global Threat 
     Reduction Initiative. The bill provides the requested funding 
     level for Highly-Enriched Uranium Reactor Conversion.
       The bill includes $355,691,000 for Nuclear and Radiological 
     Material. If by the end of the third quarter of fiscal year 
     2011 NNSA has not entered into an agreement with South Africa 
     to remove South African highly enriched uranium, the NNSA is 
     directed to use $27,000,000 of the $108,000,000 appropriated 
     for gap nuclear material removal activities for domestic 
     material protection activities.
       The bill includes $95,147,000 for Nuclear and Radiological 
     Material Protect of which not less than $35,147,000 should be 
     used for Domestic Material Protection in the United States.

                        USE OF PRIOR YEAR FUNDS

       Use of prior-year balances.--The Department is directed to 
     use $20,000,000 of prior year balances associated with the 
     Elimination of Weapons Grade Plutonium Production Program.

                             Naval Reactors

       The NNSA is directed to submit a report within 90 days of 
     enactment of this Act on its facilities recapitalization plan 
     including a project-by-project description; the funding 
     profile for the next five years; the prioritization scheme 
     employed to support the funding profile and schedule; the 
     operations and maintenance cost savings resulting from 
     replacing facilities; the environmental remediation costs 
     associated with recapitalization; and the project management 
     and controls in place to ensure projects are completed on-
     cost and on-schedule.

                      Office of the Administrator

       Support to Minority Colleges and Universities.--The bill 
     provides $25,000,000 for the Office of the Administrator's 
     support for Historically Black Colleges and Universities 
     (HBCU), Hispanic Serving Institutions (HSI), and minority 
     outreach at other colleges and universities. Of this amount, 
     $10,000,000 is for HBCUs, fully supporting the Dr. Samuel 
     Massie Chairs of Excellence; up to $10,000,000 is for HSIs; 
     and $5,000,000 is for the Educational Advancement Alliance 
     HBCU Graduate program, including a National Conference for 
     Potential Scholars and an endowment. Additionally, the bill 
     includes $6,000,000 in Weapons Activities, $3,000,000 in 
     Nonproliferation, and $1,000,000 in Naval Reactors to engage 
     HBCUs, and further directs the engagement of HSIs and 
     minority outreach at other colleges and universities in 
     research areas directly supporting program activities.
       Congressionally Directed Projects.--The bill provides 
     $13,150,000 for the following congressionally directed 
     projects and activities.

[[Page 20472]]

     
     


[[Page 20473]]

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $5,620,135,000 for the Defense 
     Environmental Cleanup program, including $10,000,000 for 
     hazardous worker training.
       Reprogramming Authority.--In fiscal year 2011, the 
     Department may transfer funding between operating expense-
     funded projects within the controls listed below. All capital 
     construction line item projects remain separate controls from 
     the operating projects. The Committees on Appropriations must 
     be formally notified in advance of all reprogrammings, and 
     the Department is to take no financial action in anticipation 
     of a congressional response. The following are the 
     reprogramming control points: Closure Sites; Hanford site; 
     Idaho National Laboratory; NNSA sites; Oak Ridge Reservation; 
     Office of River Protection; Savannah River site; Waste 
     Isolation Pilot Plant; Program Direction; Program Support; 
     Technology Development and Deployment; Safeguards and 
     Security; and all capital construction line items, regardless 
     of site.
       Internal Reprogramming.--Consistent with Section 301 of the 
     bill, Environmental Management (EM) site managers may 
     transfer up to $5,000,000, one time, between accounts listed 
     above to reduce health and/or safety risks, gain cost 
     savings, or complete projects as long as a program or project 
     is not increased or decreased by more than $5,000,000 in 
     total during the year. The reprogramming authority may not be 
     used to initiate new programs or to change funding for 
     programs specifically denied, limited, or increased by 
     Congress in the Act or report. The Committee on 
     Appropriations must be notified within 30 days after the use 
     of the internal reprogramming authority.
       Prioritization of Cleanup Projects.--The Department is 
     directed to submit, within 120 days of enactment of this Act, 
     a report describing in detail how EM prioritizes its 
     projects, including a list of the factors considered in 
     prioritization and the relative weight assigned to each 
     factor.
       Nuclear Waste Treatment.--The Department is directed to 
     report, within 15 days of a decision to modify current 
     policy, any modifications regarding waste loading within EM's 
     waste treatment strategy for high-level waste.
       Hanford Site.-- The Department is directed to carry out 
     maintenance and public safety efforts at the B Reactor. 
     Funding for the Hazardous Materials Management and Emergency 
     Response facilities are provided for within available funds.
       Oak Ridge Reservation.--The amount provided for cleanup 
     activities at ORNL shall include the 2000 Area slabs and 
     soils remediation and the Isotope Area decommissioning and 
     demolition.
       Waste Isolation Pilot Plant.--The bill provides funding for 
     educational support and infrastructure improvements.
       Technology Development and Deployment.--The Department is 
     directed to continue its partnership with industry to 
     transfer and demonstrate international technologies and 
     approaches to the cleanup program. The Committees on 
     Appropriations also encourage the Department to work with 
     industry to improve the transition of international 
     technology into practice.

                        Other Defense Activities

                   ACQUISITION WORKFORCE IMPROVEMENT

       The Department did not submit a comprehensive plan to 
     justify a new, stand-alone initiative. Therefore, the bill 
     includes no funding for the acquisition workforce improvement 
     initiative under Other Defense Activities. The Committees on 
     Appropriations fully support a robust acquisition and 
     contracting workforce and will work with the Department to 
     ensure that program direction under the various accounts is 
     sufficient to meet the requirements of the agency to ensure 
     proper management and oversight of the acquisition process.

                   CONGRESSIONALLY DIRECTED PROJECTS

       The bill provides $2,000,000 for the following 
     congressionally directed projects and activities. 

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                                TITLE IV

                          INDEPENDENT AGENCIES

       Funding levels for appropriations by independent agency 
     within this Act, and comparisons to last year's level and the 
     budget request, can be found in the table at the end of this 
     division. Additional items in the Act are discussed below.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

       The bill provides $1,053,483,000 for the Nuclear Regulatory 
     Commission (NRC) salaries and expenses. The additional 
     $10,000,000 of funding supplements the $5,000,000 included in 
     the budget request for NRC participation in an Integrated 
     University Program as directed by section 313 of Public Law 
     111-8. Further, $10,000,000 of this amount is to be used to 
     support university education programs relevant to the NRC 
     mission. In addition, not less than $5,000,000 of this amount 
     will be used for grants to support research projects that do 
     not align with programmatic missions but are critical to 
     maintaining the discipline of nuclear science and 
     engineering. The NRC is encouraged to work with the 
     Department of Energy on Small Modular Reactors so that 
     technical issues can be resolved as early as possible. The 
     Commission is directed to continue to provide semi-annual 
     reports on the status of its licensing and other regulatory 
     activities.

                  Nuclear Waste Technical Review Board

       The Committees on Appropriations expect NWTRB to be 
     involved in the Blue Ribbon Commission on America's Nuclear 
     Future on issues involving nuclear waste disposal. The NWTRB 
     shall support the Department of Energy and Nuclear Regulatory 
     Commission's effort to archive and preserve Yucca Mountain-
     related documents and physical materials of scientific value.

                       Tennessee Valley Authority

       NNSA Tritium Program.--The Tennessee Valley Authority is 
     directed to bill the National Nuclear Security Administration 
     (NNSA) on a quarterly basis for the work supporting the 
     NNSA's tritium program.
       Reports.--The Inspector General is directed to forward 
     copies of all audit and inspection reports to the Committees 
     on Appropriations immediately after they are issued, and 
     immediately make the Committees aware of any review that 
     recommends cancellation of, or modification to, any major 
     acquisition project or grant, or which recommends significant 
     budgetary savings. The Inspector General is also directed to 
     withhold from public distribution for a period of 15 days any 
     final audit or investigation report that was requested by the 
     Committees on Appropriations.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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[[Page 20540]]

 DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2011

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

                        Reprogramming Guidelines

       The Act includes a provision (section 608) establishing the 
     authority of agencies to reprogram funds and the limitations 
     on that authority. The provision specifically requires the 
     advance approval of the Committees on Appropriations of any 
     proposal to reprogram funds that meets specified criteria.
       Each agency is required to submit an operating plan to the 
     House and Senate Committees on Appropriations not later than 
     60 days after the enactment of this Act. This operating plan 
     establishes the baseline for application of reprogramming and 
     transfer authorities provided in this Act. Specifically, each 
     agency should provide a table for each appropriation with 
     columns displaying the budget request; adjustments made by 
     Congress; adjustments for rescissions, if appropriate; and 
     the fiscal year enacted level. The table shall delineate the 
     appropriation both by object class and by program, project, 
     and activity. The report must also identify items of special 
     congressional interest.
       Agencies should submit reprogramming requests in a timely 
     manner and provide a thorough explanation of the proposed 
     reallocations, including a detailed justification of 
     increases and reductions and the specific impact the proposed 
     changes will have on the budget request for the following 
     fiscal year. Except in emergency situations, reprogramming 
     requests should be submitted no later than June 30. When an 
     agency submits a reprogramming or transfer request to the 
     Committees on Appropriations and does not receive identical 
     responses from the House and the Senate Committees, it is the 
     responsibility of the agency to reconcile the House and the 
     Senate differences before proceeding, and if reconciliation 
     is not possible, to consider the request to reprogram funds 
     denied.

                             Agency Reports

       As a measure to reduce costs and conserve paper, agencies 
     funded by this Act that currently provide separate copies of 
     periodic reports (such as Performance and Accountability 
     Reports) to the Chairs of the House and Senate Appropriations 
     Committees and Subcommittees on Financial Services and 
     General Government, and also to the Ranking Members of the 
     Committees and Subcommittees, should send only one copy 
     jointly addressed to the Chairs of the Committee and 
     Subcommittee and one copy jointly addressed to the Ranking 
     Members of the Committee and Subcommittee (separate copies 
     should be sent to the House and the Senate). This will reduce 
     by half (from eight to four) the copies of periodic reports 
     agencies send to the Committees.

                              Comparisons

       Funding levels for appropriations by account and 
     comparisons to last year's levels and the budget request can 
     be found in the table at the end of this division.

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

       Office of Financial Education and Financial Access.--Within 
     the Financial Policies and Programs budget activity, the Act 
     provides an increase of $1,000,000 above the amount assumed 
     in the budget request for the Department's Office of 
     Financial Education and Financial Access.
       Operating Plan.--The Department is directed to submit to 
     the Committees on Appropriations an operating plan for the 
     fiscal year 2011 resources provided to the Department, 
     including all offices and bureaus, not more than 60 days 
     after enactment. This requirement is further addressed by 
     section 608 of this Act. The plan must include information on 
     program increases and major procurements at the Department 
     and incorporate input from all senior level managers of the 
     Department and, once submitted, be made available to those 
     managers.
       Office of Foreign Assets Control and Cuba Sanctions.--The 
     resource allocation decisions of the Office of Foreign Assets 
     Control (OFAC) should be made on the basis of the most 
     pressing national security threats facing the United States. 
     The Government Accountability Office (GAO) had previously 
     reported, in November 2007, that Cuba embargo-related cases 
     constituted 61 percent of OFAC's investigatory caseload, 
     while comprising only three percent of the investigation 
     caseload of the Commerce Department's Bureau of Industry and 
     Security/Office of Export Enforcement and just 0.2 percent of 
     the investigation caseload of the Department of Homeland 
     Security's Bureau of Immigration and Customs Enforcement.
       While a 2009 regulatory change ensures that Americans will 
     no longer be subject to OFAC enforcement action for visiting 
     family members in Cuba, Cuba embargo enforcement cases are 
     still a disproportionate focus of OFAC's work, effectively 
     limiting OFAC efforts in other areas more critical to the 
     national security needs of the United States. The November 
     2007 GAO report recommended that the Secretary of the 
     Treasury direct OFAC to assess its allocation of resources 
     for investigating and penalizing violations of the Cuba 
     embargo with respect to the numerous other sanctions programs 
     OFAC administers. The Department is directed to report to the 
     Appropriations Committees, within 60 days of enactment, as to 
     steps it is taking to realign OFAC's resources toward the 
     most urgent national security needs.
       Economic Sanctions and Divestments.--The Department is 
     directed to fully implement the sanctions and divestment 
     measures applicable to North Korea, Burma, Iran, Sudan, and 
     Zimbabwe. The Department is further directed to promptly 
     notify the Appropriations Committees of any resource 
     constraints that adversely impact the implementation of these 
     sanctions programs.
       Management of Capital Investments and Information 
     Security.--The Treasury Office of Inspector General (OIG) 
     continues to cite the Department's management of capital 
     investments and information security as top management 
     challenges. The Chief Information Officer is directed to 
     ensure that adequate oversight and resources are devoted both 
     to projects in the capital phase and to proper maintenance 
     and modernization of existing systems and that all projects 
     are tracked properly and described completely in the annual 
     Capital Investment Plan required under section 118 of this 
     Act.
       Management of the Financial Crisis.--Treasury's OIG 
     continues to identify the management of the Treasury's new 
     authorities related to distressed financial markets as a 
     major management challenge facing the Department. Under these 
     programs, the Department has an unprecedented role in 
     managing billions in taxpayer dollars. The Department is 
     directed to ensure that these programs are administered 
     soundly and efficiently in order to minimize risks to the 
     taxpayer. The Department's management is directed to maintain 
     focus on the Treasury's other critical missions--including 
     terrorism and financial intelligence and assistance to 
     community development financial institutions--in addition to 
     management of policies and programs related to stabilizing 
     the economy.
       Charitable Donors and Blocked Assets.--The Office of 
     Terrorism and Financial Intelligence faces complex challenges 
     in thwarting terrorist activity without obstructing law-
     abiding organizations that perform legitimate charity work. 
     The Department is directed to report to the Appropriations 
     Committees, within nine months of the date of enactment, with 
     the following information: (1) the total amount of charitable 
     funds that are blocked, (2) the total amount of funds of 
     U.S.-based charities that are blocked, and (3) the total 
     amount of charitable funds that have gone from being blocked 
     to forfeiture since 2000.
       Proceeds of Corruption.--Corrupt politicians, terrorists 
     and those involved in organized crime are often able to hide 
     their identity behind a corporate veil, allowing them to 
     enjoy the proceeds of corruption and bribery, including on 
     U.S. soil. The Department is directed to use its rulemaking 
     authority to strengthen customer due diligence requirements 
     for U.S. financial institutions, consistent with applicable 
     statutory authorities and international standards, including 
     by identifying the beneficial owner of corporate vehicles, 
     where appropriate.
       The Department is also directed, in consultation with the 
     other members of the United States delegation to the 
     Financial Action Task Force (FATF), to take a leadership role 
     in prioritizing prevention of the illicit flow of corrupt 
     funds, including by strengthening FATF anti-corruption 
     requirements and by conducting an extensive typology exercise 
     on foreign corruption. The typology exercise will inform 
     financial institutions on how to recognize the proceeds of 
     corruption and therefore help prevent the flow of illicit 
     funds into the United States. The U.S. delegation is urged to 
     work with other member states to assess the implementation of 
     the FATF's 40+9 Recommendations in practice, as well as in 
     law, to ensure that the task force's recommendations are 
     being effectively implemented and enforced by all countries.
       The Department is further directed to provide a written 
     report to the Appropriations Committees as well as to the 
     House Financial Services Committee and the Senate Committee 
     on Banking, Housing, and Urban Affairs within 180 days of 
     enactment on activities related to preventing the flow of 
     proceeds of corruption into the United States, specifically 
     including activities related to identifying the beneficial 
     ownership of corporate vehicles, where appropriate, and 
     participation in FATF activities and initiatives.
       Foreclosure Crisis.--In implementing changes to the Home 
     Affordable Modification Program (HAMP), the Department is 
     directed to focus on mortgage modifications and principal 
     reductions when it is financially beneficial to the borrower 
     and lender.

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     The Department is also directed to ensure that servicers 
     comply with HAMP agreements and to provide outreach to 
     educate servicers about their responsibilities under the 
     program.
       Departmental Responsiveness.--Language included in Senate 
     Report 111-238 is reiterated regarding the responsiveness of 
     the Department to questions and requests for information.
       Stored Value Cards.--Pursuant to the Credit Card 
     Accountability Responsibility and Disclosure Act of 2009 
     (Public Law 111-24), the Department was required to issue 
     regulations implementing the Bank Secrecy Act regarding the 
     sale, issuance, redemption, or international transport of 
     stored value, including stored value cards. The Department is 
     directed to address the issue of international transport of 
     stored value devices, which continues to be a major concern 
     for law enforcement agencies. The Department is directed, in 
     coordination with the Department of Homeland Security, to 
     submit a written report to the Appropriations Committees, not 
     later than 90 days after enactment of this Act, on the status 
     of the regulations on the international transportation of 
     stored value devices.


        DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The Act provides $11,000,000 for systems and capital 
     investments. Within the overall amount, $6,000,000 is 
     provided for the Financial Innovation and Transformation 
     Program instead of $17,000,000 as included in the budget 
     request. The funding provided for this program will allow the 
     Department to develop a comprehensive plan and begin 
     implementing Government-wide solutions for processing 
     financial transactions. Future funding recommendations will 
     be considered for the program based on its progress and 
     performance in fiscal year 2011 and on detailed spending 
     plans for future years. Within 60 days of enactment, the 
     Department shall provide a detailed budget justification for 
     funding provided in fiscal year 2011, including specific cost 
     estimates for each portion or discrete project within the 
     program.


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

       The Act provides $32,269,000 for the Office of Inspector 
     General (OIG). The increase above the budget request is 
     provided to support additional audits and investigations 
     beyond the limited scope supportable within current 
     resources, given the OIG's increased workload resulting from 
     required reviews of certain bank failures. The OIG is 
     directed to place the highest priority for such additional 
     audits on the Bank Secrecy Act Information Technology 
     Modernization project currently being planned and implemented 
     by the Financial Crimes Enforcement Network. The OIG is 
     further directed to submit a written report to the 
     Appropriations Committees regarding this project, including 
     contractor oversight and progress regarding budget and 
     schedule, on March 31, 2011 and semiannually thereafter. In 
     addition, the OIG is directed to perform audits on Treasury's 
     anti-money laundering and counterterrorist financing 
     activities, capital investment spending and planning, the 
     Community Development Financial Institutions Fund, and areas 
     identified by the OIG as presenting a high risk to taxpayer-
     funded spending.

                  Financial Crimes Enforcement Network


                         SALARIES AND EXPENSES

       The Act provides $121,000,000 for salaries and expenses of 
     the Financial Crimes Enforcement Network (FinCEN). Of the 
     amount provided, $45,835,000 is included to support FinCEN's 
     efforts to modernize the technical environment for 
     implementation of the Bank Secrecy Act (BSA) in accordance 
     with the estimate provided for that project for fiscal year 
     2011.
       The proposal to fund the BSA Information Technology 
     Modernization Project using proceeds of the Treasury 
     Forfeiture Fund is rejected. Of the increase above the 
     request, $19,750,000 is for the BSA Information Technology 
     Modernization project. FinCEN is also directed to submit a 
     semiannual report to the Appropriations Committees 
     summarizing the agency's progress regarding the project, 
     including milestones planned and achieved, progress on cost 
     and schedule, management of contractor oversight, strategies 
     to involve stakeholders, and acquisition management efforts.
       An increase above the request is included to enhance 
     efforts to fight fraud and illicit financing by expanding 
     FinCEN's analytical support to the network of more than 300 
     law enforcement and regulatory authorities comprised of 
     Federal, state, and local agencies, United States Attorneys 
     offices, State attorneys general, and local district 
     attorneys.

                        Treasury Forfeiture Fund


                              (RESCISSION)

       The Act includes a rescission of $370,000,000 of the 
     unobligated balances in the Treasury Forfeiture Fund. The 
     Committees direct the Department to include information in 
     the fiscal year 2012 budget request, as well as updates every 
     60 days thereafter, on the status of the Treasury Forfeiture 
     Fund balances, including the projected amount of Super 
     Surplus available for obligation in fiscal year 2012.

                Alcohol and Tobacco Tax and Trade Bureau


                         SALARIES AND EXPENSES

       The Department is directed to place a high priority on the 
     bureau's criminal enforcement activities and to include 
     funding in the Department's fiscal year 2012 budget request 
     to annualize the cost of new special agents and related 
     support personnel funded in the fiscal year 2010 
     Appropriations Act.

   Community Development Financial Institutions Fund Program Account

       The Act provides $277,400,000 for the Community Development 
     Financial Institutions (CDFI) Fund program. Within this 
     amount, up to $26,000,000 is for Administrative expenses and 
     $12,000,000 is for technical assistance and other purposes 
     for Native American, Native Hawaiian, and Alaskan Native 
     communities.
       In addition, of the funds provided, $1,000,000 is included 
     for a competitive grants program, aimed at providing 
     financial counseling services to prospective homebuyers, as 
     authorized by Public Law 110-289.
       Further, of the funds provided, $25,000,000 is included for 
     the Healthy Food Financing Initiative, which is to increase 
     the availability of affordable, healthy foods in underserved 
     urban and rural communities, particularly through grants and 
     technical assistance to CDFIs for the development or 
     equipping of grocery stores and other healthy food retailers. 
     The Appropriations Committees require detailed information on 
     how this program is being executed; therefore, the Department 
     of Treasury is directed to provide the Committees with a 
     status report within 60 days of enactment of this Act, 
     including the specific criteria that is used to make grant 
     awards.
       Also, $52,400,000 is provided for a new initiative called 
     ``Bank on USA'' that will promote access to affordable and 
     appropriate financial services and basic consumer credit 
     products for households without access to such products and 
     services. Of funding recommended for the Bank on USA program, 
     $2,400,000 is provided for an eligible entity or entities 
     located in Hawaii. The CDFI Fund is directed to submit a 
     detailed spending plan on the Bank on USA program to the 
     Committees within 120 days of enactment.
       Within the amount provided, $5,000,000 is for grants to 
     qualified CDFIs for the purpose of building sufficient 
     capital to support loans of $2,500 or less pursuant to 
     section 1206 of Public Law 111.203. Such ``small dollar 
     loans'' will provide consumers access to mainstream financial 
     institutions and alternatives to payday loans and other 
     predatory lending.
       The Committees on Appropriations recommend continuing the 
     temporary waiver of matching fund requirements for CDFI 
     programs so that CDFIs can continue to invest in and assist 
     underserved communities during the economic crisis, but 
     intend to reinstate matching fund requirements when capital 
     markets return to normal function.
       The Department is directed to fund the Bank Enterprise 
     Award program at a level not less than $22,000,000.
       Poverty, lack of economic opportunity, and lack of low-cost 
     financial services continue to be problems across much of the 
     Nation, particularly in the Territories, and in many 
     Hispanic-American, African-American, Native American, Asian 
     American, Pacific Islander and other minority communities. 
     The Appropriations Committees appreciate the ongoing efforts 
     of the CDFI Fund to work to remedy the particular problems in 
     these communities and strongly encourage the CDFI Fund to 
     continue to place a heavy emphasis on these efforts.

                        Internal Revenue Service


                           TAXPAYER SERVICES

       The Act includes $2,338,215,000 for Taxpayer Services. 
     Within the overall amount, not less than $10,500,000 is for 
     low-income taxpayer clinic grants, and not less than 
     $6,500,000 is for the Tax Counseling for the Elderly program. 
     Not less than $212,500,000 is provided for operating expenses 
     of the IRS Taxpayer Advocate Service.
       In addition, within the overall amount, $14,000,000, 
     available until September 30, 2012, is included to continue 
     the Community Volunteer Income Tax Assistance matching grants 
     program. In administering this program, the IRS is not 
     permitted to treat any in-kind contributions from the IRS as 
     counting toward the $14,000,000 appropriation, nor shall the 
     IRS reduce any current contributions toward tax return 
     preparation services.
       The funding level also includes an additional $3,500,000 on 
     top of the Administration's budget request for further 
     improvements in the IRS telephone hotline level of service. 
     The IRS is directed to continue working on efforts to 
     maximize the level of service on the 1-800 line and is 
     further directed to include in the fiscal year 2011 Operating 
     Plan a specific plan for the use of these additional funds, 
     along with the projected level of service.
       The IRS is directed that, if it proposes reductions in 
     taxpayer services, such reductions must be consistent with 
     the budget justification, operating plan, and Taxpayer 
     Assistance Blueprint, and the IRS must demonstrate that such 
     reductions will not result in a decline in voluntary 
     compliance. Where such reductions involve a reduction in 
     face-to-face service, the IRS must demonstrate that the 
     proposed reductions do not adversely impact compliance by 
     taxpayers who are dependent on such services.

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       The IRS, in conjunction with the IRS Oversight Board and 
     the IRS Taxpayer Advocate, is directed to report to the 
     Appropriations Committees with annual updates to the Taxpayer 
     Assistance Blueprint, beginning with the submission of the 
     fiscal year 2012 budget. Such updates should identify any 
     changes to the strategic plan for taxpayer service, including 
     the results of any new research and relevant findings, and 
     any open issues requiring additional research.
       The IRS is directed to provide an annual report to the 
     Appropriations Committees on its efforts to protect and 
     increase staffing levels at the Martinsburg and Beckley, West 
     Virginia IRS facilities. Given the remote distance of Alaska 
     and Hawaii from the U.S. mainland and the difficulty 
     experienced by Alaska and Hawaii taxpayers in receiving 
     needed tax assistance by the national toll-free line, the IRS 
     is directed to continue to staff each Taxpayer Advocate 
     Service Center in each of these States with a Collection 
     Technical Advisor and an Examination Technical Advisor in 
     addition to the current staffing complement.
       E-Filing.--The IRS is directed, in consultation with 
     stakeholders, including the National Taxpayer Advocate, to 
     implement a strategy to achieve the 80 percent e-file goal.
       Impact on IRS of Healthcare Implementation.--The 
     Administration, the Secretary of the Treasury, and the IRS 
     Commissioner are strongly urged to evaluate the impact of 
     healthcare mandates on the IRS's overall mission and take all 
     appropriate actions to prevent any decline in the quality and 
     effectiveness of service or taxpayer perception. The IRS is 
     directed to specifically identify in its fiscal year 2012 
     budget submission and operating plan any proposed increases 
     in spending to be designated to implement the healthcare 
     mandates, as well as any proposed changes in spending or 
     prioritization in other mission-critical IRS programs as a 
     result of the healthcare responsibilities.
       Taxpayers Facing Economic Distress.--The Committees 
     appreciate the steps the IRS has taken to assist unemployed 
     taxpayers and others facing financial hardship. At the same 
     time, however, the Committees are concerned by the finding of 
     the IRS Taxpayer Advocate that the IRS lacks a strategic, 
     cross-functional approach toward meeting the needs of low-
     income taxpayers. The IRS is directed to report to the 
     Appropriations Committees, within 90 days of enactment of 
     this Act, as to the steps it is taking to address the 
     recommendations of the Taxpayer Advocate in this area.
       Oversight of First-Time Homebuyer Tax Credit.--Congress has 
     enacted a series of legislative provisions that have enabled 
     first-time homebuyers to claim a refundable credit on their 
     2008, 2009, or 2010 individual Federal tax returns. The 
     Committees acknowledge that the IRS has taken steps, 
     including installing filters to intercept fraud, to improve 
     its oversight of the program, since a TIGTA report issued in 
     September 2009 identified deficiencies. However, a new TIGTA 
     report issued in June 2010 found a significant and disturbing 
     level of fraudulent and erroneous payments in the First-Time 
     Homebuyer Credit Program. The IRS is directed to intensify 
     its scrutiny of questionable claims for this credit to reduce 
     the incidence of fraud and erroneous payments under this 
     beneficial program.


                              enforcement

                     (including transfer of funds)

       The Act provides $5,709,547,000 for Enforcement. Within the 
     amount provided, $97,527,000 is for a new initiative, as 
     discussed in the Administration's budget request, to target 
     offshore tax evasion. The IRS is directed to provide the 
     Appropriations Committees with detailed information about the 
     actual costs, revenues, and return on investment after the 
     first and successive years of the implementation of the new 
     enforcement initiatives.
       Misclassification of Contractors.--The IRS is directed, 
     prior to making any staffing reductions at the SS-8 
     processing locations, to provide a report to the 
     Appropriations Committees that details the past five years of 
     staffing levels and employee productivity, SS-8 receipt 
     volumes, and rationale for the proposed workforce changes.


                           operations support

       The IRS is directed to include, as part of its fiscal year 
     2011 operating plan, details on any planned reorganization, 
     job reductions or increases to offices or activities within 
     the agency, and modifications to any service or enforcement 
     activity. The IRS is further directed to obtain and include 
     comments of the IRS Oversight Board as part of its operating 
     plan submission to the Appropriations Committees. The IRS 
     should promptly notify the Appropriations Committees and the 
     IRS Oversight Board of any substantial changes to these 
     plans.
       IRS Information Technology Infrastructure.--The 
     Administration and the IRS are directed to include within the 
     fiscal year 2012 budget request a proposed long-term 
     multiyear funding strategy within the Operations Support 
     account to upgrade and modernize the aging legacy IRS 
     information technology infrastructure.
       IRS Information Security.--The IRS continues to make 
     progress in working to fix its information security 
     vulnerabilities. At the same time, however, reports from GAO 
     and TIGTA show that further improvements are still needed. 
     For example, GAO reported in March 2010 that, of the 
     previously identified security weaknesses and program 
     deficiencies reported as unresolved at the completion of 
     GAO's prior-year audit, 69 percent remained unresolved or 
     unmitigated. The IRS is directed to report to the 
     Appropriations Committees, within 90 days of enactment of 
     this Act, on the steps being taken to further improve IRS 
     information security, including IRS actions regarding the GAO 
     findings that remained unresolved or unmitigated as of the 
     March 2010 GAO report.


                     business systems modernization

       Business Systems Modernization (BSM) is the IRS's highest 
     management and administrative priority. The BSM program is 
     presently at a critical juncture in its evolution, and 
     funding is provided to permit the IRS to complete the new 
     taxpayer account database for the 2012 filing season. The 
     replacement of the aging, vintage 1969 individual master file 
     with the new customer account database will permit more 
     frequent updating of individual tax accounts. With this 
     relational database as its centerpiece, systems modernization 
     by the IRS promotes enhanced customer service delivery, more 
     expeditious refund processing, and improved administration of 
     the tax system. The Department is directed to notify the 
     Committees, if BSM management funds are reallocated to the 
     capital asset acquisition program, at least seven days prior 
     to such reallocation.


          administrative provisions--internal revenue service

                     (including transfer of funds)

       Long-standing administrative provisions are continued in 
     sections 101 through 105.

         Administrative Provisions--Department of the Treasury


                     (including transfers of funds)

       Long-standing administrative provisions are continued, with 
     one modification: section 107, allowing for transfer 
     authority among non-IRS bureaus of the Treasury Department, 
     has been modified to include the SIGTARP as well. In 
     addition, the following administrative provisions are 
     included:
       --section 117 allowing Treasury law enforcement 
     organizations to utilize funding for the Treasury Forfeiture 
     Fund only upon the advance approval of the Appropriations 
     Committees, and
       --section 118 requiring the Secretary to submit a Capital 
     Investment Plan to the Appropriations Committees.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                            The White House


                         Salaries and expenses

       The Act provides $59,859,000 for The White House. This 
     amount includes $1,400,000 for the White House Office of 
     National AIDS Policy. The Administration is directed to 
     continue to coordinate a government-wide effort to develop 
     and implement a domestic AIDS strategy, including the 
     development of targets for improved prevention and treatment 
     outcomes.
       The Committees on Appropriations expect that officials 
     designated by the President to coordinate policy agendas 
     across executive departments and agencies will keep Congress 
     fully and currently informed of such activities. The 
     Committees direct each official designated by the President 
     to serve in a position not recognized by statute and who is 
     responsible for interagency development or coordination of 
     any rule, regulation, or policy to submit a semiannual report 
     describing the activities of the official and the office of 
     such official, including a detailed explanation of the 
     development or issuance of any rule, regulation, directive or 
     policy on which that official or the office of such official 
     participated or assisted. The first such report shall be 
     submitted not later than March 31, 2011.

                        Office of Administration


                         salaries and expenses

       The Act provides $115,280,000 for the Office of 
     Administration. Included in this amount is $12,777,000 for 
     continued modernization of information technology 
     infrastructure.
       As part of its annual budget submission, the Office of 
     Administration is directed to provide an annual report to the 
     Committees on Appropriations, detailing its progress on 
     information technology modernization, including the amounts 
     obligated and expended (and for what purposes), specific 
     milestones achieved, and requirements and specific plans for 
     further investment.
       The Office of Administration is directed to place a top 
     priority on the implementation of comprehensive policies and 
     procedures for the preservation of all records, including 
     electronic records, as required by law, and to work closely 
     with the National Archives and Records Administration in 
     doing so. The Office of Administration is expected to keep 
     the Committees on Appropriations fully apprised of funding 
     needs related to records preservation.

                    Office of Management and Budget


                         salaries and expenses

       The Act provides $92,863,000 for the Office of Management 
     and Budget (OMB). OMB is

[[Page 20543]]

     expected to provide timely and complete responses to the 
     Committees to all requests for information, including 
     requests related to the budget request for OMB and the 
     Executive Office of the President.
       In October, 2009, the President issued Executive Order 
     13514 to require Federal agencies to achieve goals and 
     targets for environmental sustainability and energy 
     efficiency. Agencies are required to report to the Director 
     of OMB and the Chair of the Council on Environmental Quality 
     on their plans to meet these goals by June of each year. To 
     monitor compliance with this Executive Order, GAO is directed 
     to report to the Committees on Appropriations in September of 
     each year from 2011 through 2013.
       OMB is directed to submit a written report to the 
     Committees within 120 days of enactment specifying a plan to 
     modernize the Federal Government's core budgeting system.
       OMB is directed to summarize, by agency, the results of the 
     Presidential memorandum regarding disposal of unneeded 
     Federal real estate, the real property cost savings and 
     innovation plans in a report due to the Committees not later 
     than 45 days after enactment.

                  Government-Wide Management Councils


                     (including transfer of funds)

       The Act provides $17,000,000 for Government-wide Management 
     Councils. The Executive Office of the President is directed 
     to continue to include a budgetary justification for each 
     council in the annual budget request and to clearly note in 
     the budget justification any items requested in the budget 
     for Government-wide initiatives led or coordinated through 
     the councils.

                 Office of National Drug Control Policy


                         salaries and expenses

       The Act provides $27,900,000 for Office of National Drug 
     Control Policy (ONDCP) salaries and expenses.
       ONDCP submitted a report to the Committees on 
     Appropriations to address recommendations of the study 
     conducted by the National Academy of Public Administration, 
     and while some positive steps have been taken, room for 
     improvement still exists. The Committees direct ONDCP to 
     provide an updated report by May 13, 2011 on further actions 
     and improvements taken.
       The Committees on Appropriations remain concerned about the 
     lateness of reports required by the Committees as well as the 
     lengthy clearance process, both of which delay the receipt of 
     information required by the Committees in a timely manner in 
     order to make proper funding decisions.
       ONDCP is directed to continue the quarterly staffing 
     reports, including current levels, vacancies, new hires, and 
     plans for new hires.


                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

       The Act provides $239,000,000 for the High Intensity Drug 
     Trafficking Areas (HIDTA) Program. ONDCP is directed to 
     provide funding for the existing HIDTAs at no less than the 
     fiscal year 2010 level. Additionally, ONDCP is directed to 
     consult with HIDTAs in advance of deciding programmatic 
     spending allocations for discretionary funding.
       ONDCP is directed that HIDTA funds be transferred to the 
     appropriate drug control agencies expeditiously.


                  other federal drug control programs

                     (including transfers of funds)

       The Act provides $150,825,000 for Other Federal Drug 
     Control Programs. The following allocations are made within 
     the amount provided:
National Youth Anti-Drug Media Campaign.....................$40,000,000
Drug-Free Communities Program................................96,000,000
  (National Community Anti-Drug Coalition training...........2,000,000)
National Drug Court Institute.................................1,500,000
United States Anti-Doping Agency.............................10,000,000
World Anti-Doping Agency (U.S. membership dues)...............1,900,000
National Alliance for Model State Drug Laws...................1,187,500
Performance Measures Development................................237,500
       The Act provides $40,000,000 for the media campaign, which 
     should include methamphetamine prevention ads. ONDCP is 
     directed that not more than 10 percent of the amount 
     appropriated for the media campaign may be used for 
     administrative costs.
       The Act provides $1,187,500 to the National Alliance for 
     Model State Drug Laws (NAMSDL). ONDCP is directed to provide 
     the entire amount directly to NAMSDL within 30 days of 
     enactment of this Act.

   Integrated, Efficient and Effective Uses of Information Technology


                     (including transfer of funds)

       The Act provides $37,500,000 for the Integrated, Efficient 
     and Effective Uses of Information Technology (IEEUIT) program 
     to improve the Federal Government's investments in 
     information technology, as directed by the Director of the 
     Office of Management and Budget.
       The Executive Office of the President is expected to 
     regularly apprise the Committees on Appropriations of how 
     Government-wide efforts under the IEEUIT affect agency-
     specific projects and missions on a case-by-case basis and 
     directs IEEUIT shall not be a substitute for the Committees' 
     routine consideration of agency needs in accordance with the 
     regular budget process. Finally, the Executive Office of the 
     President is directed to notify the Committees immediately 
     upon any change in an agency spending plan pursuant to the 
     IEEUIT or any other effort to modernize, streamline, or 
     improve Federal IT projects.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President


                     (including transfers of funds)

       Long-standing administrative provisions are included 
     unchanged unless otherwise noted below.
       Section 204 continues and modifies long-standing language 
     specifying that not to exceed $1,000,000 of ONDCP 
     appropriations may be reprogrammed upon advance approval of 
     the Committees on Appropriations.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

       The Act includes $77,758,000 for the salaries and expenses 
     of the Supreme Court, which includes funding to provide 
     twelve new police officers to staff new posts and increase 
     staffing at additional posts.
       The Committees on Appropriations continue to include Act 
     language making $2,000,000 available until expended for the 
     purpose of making information technology investments. The 
     Committees request that the Court include an annual report 
     with its budget justification materials, showing information 
     technology carryover balances and describing in detail each 
     expenditure made in the previous fiscal year and planned 
     expenditures in the budget year.
       As noted in Senate Report 111-238, filed on July 29, 2010, 
     during the past year, difficulties have been encountered in 
     securing detailed and specific information in response to 
     questions. Without more information, the ability to assess 
     the project management, and track and document prior spending 
     is hampered. Resources cannot be allocated prudently without 
     receiving detailed justifications for requests and plans for 
     expenditures from any agency or entity requesting resources. 
     As a result, certain fiscal year 2011 funding will be 
     available only upon receipt of a detailed report as required 
     under the ``Care of Building and Grounds'' account.


                    care of the building and grounds

       The Committees on Appropriations are aware that numerous 
     major capital improvement projects have been ongoing at the 
     Court, but has not been presented with a clear understanding 
     of the details of the projects and their budgets. The Court 
     is directed to provide to the Committees a detailed report 
     not later than 90 days after enactment of this Act, on each 
     major capital project, including descriptions; timelines; 
     milestones; and funding committed, obligated, and expended, 
     as well as any unobligated balances. The report should 
     include the complete modernization project and also address 
     any additional capital enhancement projects planned for the 
     future. The report shall be updated and provided to the 
     Committees on June 15, 2011, and again on September 30, 2011.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

                     (including transfer of funds)

       The Act provides $5,177,568,000 for the salaries and 
     expenses of the Courts of Appeals, District Courts, and Other 
     Judicial Services, which does not include a cost-of-living-
     adjustment for judges.
       The Committees on Appropriations direct the Judiciary to 
     take into account the exigent circumstances of the Fort 
     Lauderdale courthouse as it considers recommendations for 
     future feasibility studies.
       The Committees on Appropriations are interested in 
     obtaining data from the Federal Judiciary on contract awards 
     to minority-owned and women-owned businesses, and are 
     dismayed that a procurement module will not be implemented in 
     the courts until 2013. As an interim measure, the 
     Administrative Office of the Courts (AO) is directed to 
     implement a process for fiscal year 2011 for the courts to 
     compile and report on contract awards, including awards to 
     minority-owned and women-owned businesses, and to provide a 
     report to the Committees on Appropriations no later than 
     November 30, 2011 on fiscal year 2011 contracting actions in 
     the Federal courts.
       The Committees on Appropriations are concerned about racial 
     and ethnic diversity of law clerks for Federal judges, and 
     believes that the Judiciary could, and should, do more to 
     attract minority candidates. Accordingly, the Committees 
     direct the AO to submit a report within 120 days of enactment 
     of this Act detailing the Federal Judiciary's plans to 
     increase the diversity of law clerks in the Federal courts. 
     The report should include the impact of a student loan 
     repayment program, and a discussion of the recruitment 
     process for law clerks as well as

[[Page 20544]]

     initiatives underway to reach out to, and recruit, minorities 
     for Federal clerkship positions.


                           DEFENDER SERVICES

       The Act provides $1,050,458,000 for Defender Services. The 
     Act provides an increase in the hourly rate for panel defense 
     attorneys in non-capital cases from $125 to $130 per hour, 
     which makes progress toward the full estimated ``catch up'' 
     adjustment authorized by the Criminal Justice Act of $141 per 
     hour. Compensation for panel attorneys in capital cases is 
     adjusted for annual inflation.


                             COURT SECURITY

                     (INCLUDING TRANSFERS OF FUNDS)

       The Judiciary is directed to develop a judiciary-wide 
     implementation plan for review based on the less costly 
     options in the recent Courthouse Perimeter Security Pilot 
     Project report that would provide unity of command, Court 
     Security Officer guards at all current Federal Protective 
     Service posts, and standardized security coverage. Section 
     306 authorizing the pilot is continued in order to allow the 
     Judiciary to maintain the pilot at the seven existing 
     locations and to allow for possible expansion of the pilot to 
     a limited number of new locations in order to examine the 
     cost-effectiveness of the less costly options.

           Administrative Office of the United States Courts


                         Salaries and Expenses

       The Act provides $86,968,000 for the salaries and expenses 
     of the Administrative Office of the United States Courts, 
     which includes funds for inflationary adjustments and four 
     court support positions.

                Administrative Provisions--The Judiciary


                     (INCLUDING TRANSFER OF FUNDS)

       Long-standing administrative provisions are included 
     unchanged unless otherwise noted below.
       Section 307 continues language extending temporary 
     judgeships in Ohio, Kansas, and Hawaii.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds


              FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

       The Act includes $35,100,000 for a Federal payment for 
     tuition support. As part of the annual budget submission, the 
     Mayor of the District of Columbia and the Office of the State 
     Superintendent of Education are directed to provide updates 
     on efforts to enhance retention and graduation rates and the 
     continued use of cost containment measures.


   FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE 
                          DISTRICT OF COLUMBIA

       The Act provides $15,000,000 for a Federal payment to the 
     District of Columbia for the costs associated with emergency 
     planning and security. The District of Columbia is directed 
     to provide a report to the Committees on Appropriations, 
     within 60 days of the end of the fiscal year, outlining the 
     purposes and amounts expended using the funds, including 
     details on any deviation from the initial justification.


          FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA COURTS

       The Act provides $258,168,000 as a Federal payment to the 
     District of Columbia Courts. Within this amount, $12,998,000 
     is for the District of Columbia Court of Appeals, 
     $110,149,000 is for the District of Columbia Superior Court, 
     $65,371,000 is for the District of Columbia Court System and 
     $69,650,000 is for capital improvements to Court facilities. 
     Increases provided for capital improvements above the budget 
     request should be directed to renovations for the Moultrie 
     Courthouse cell block and completion of the security 
     perimeter.


  FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF 
                                COLUMBIA

       The Act includes $40,690,000 for a Federal payment to the 
     District of Columbia Public Defender Service (PDS). The Act 
     provides authority in section 818 for the PDS to obtain 
     professional liability insurance for its attorneys, staff, 
     and board members.


      FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

       The Act provides $1,800,000 to the Criminal Justice 
     Coordinating Council (CJCC). As part of its annual budget 
     submission, the CJCC is directed to report on performance 
     measures and progress made on individual initiatives to the 
     Committees on Appropriations.


 FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER FOR THE 
                          DISTRICT OF COLUMBIA

       The Act provides $1,475,000 for a Federal payment to the 
     Office of the Chief Financial Officer (CFO) for the District 
     of Columbia. The funding is for grants to the following 
     organizations with the requirement that the funds be spent 
     primarily in the District of Columbia to benefit District 
     residents:


        Recipient/Purpose                                        Amount
Bread for the City, Washington, DC, Two-chair dental clinic serving 
  2,000 low income D.C. residents..............................$125,000
Children's National Medical Center, Washington, DC, cardiac critical 
  care center renovations.....................................1,000,000
Recreation Wish List Committee, Washington, DC, Academic, cultural, 
  fitness programs..............................................100,000
The University of the District of Columbia, Washington, DC, Urban 
  Teacher Residency Academy.....................................250,000

       Each grantee is directed to submit a comprehensive budget 
     and report on the activities carried out with the funds no 
     later than 60 days after enactment of this Act and the 
     District CFO is directed to submit a comprehensive report no 
     later than June 1, 2011 to the Committees on Appropriations.


                 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

       The Act includes $72,400,000 for a Federal payment for 
     school improvement. Within this amount, $43,000,000 is for 
     public schools, $20,000,000 is for public charter schools, 
     and $9,400,000 is to provide opportunity scholarships.
       The District is directed to submit, no later than 60 days 
     after enactment of this Act, a comprehensive spending plan to 
     the Committees on Appropriations detailing how the funding 
     provided will be allocated and explaining what performance 
     measures will be used to evaluate the success of the outcomes 
     of the funding.


              FEDERAL PAYMENT FOR HOUSING FOR THE HOMELESS

       The Act provides $10,000,000 for a Federal payment for 
     housing for the homeless. The District of Columbia government 
     is directed to continue to submit quarterly reports detailing 
     the number of individuals and families provided housing 
     through this Federal payment.


  FEDERAL PAYMENT FOR HOUSING FOR REDEVELOPMENT OF THE ST. ELIZABETHS 
                            HOSPITAL CAMPUS

       The Act provides $2,000,000 for a Federal payment for costs 
     associated with planning for the redevelopment of St. 
     Elizabeths Hospital's East Campus. The District of Columbia 
     government is directed to submit a spending plan for these 
     funds within 45 days of enactment of this Act.


          FEDERAL PAYMENT FOR HOUSING FOR HIV/AIDS PREVENTION

       The Act provides $5,000,000 for a Federal payment for HIV/
     AIDS prevention initiatives in the District of Columbia. The 
     District of Columbia government is directed to submit a 
     spending plan for these funds within 45 days of enactment of 
     this Act.

                       District of Columbia Funds

       This Act provides Federal funding totaling $169,650,000 for 
     the District of Columbia. As transmitted to the Mayor by the 
     District of Columbia Council, the District of Columbia's 
     fiscal year 2011 proposed budget and financial plan provides 
     $10,440,946,000 for operating expenses.

                                TITLE V

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission


                         Salaries and Expenses

       The CFTC is directed to submit a detailed spending plan 
     including staffing allocations and IT investments no later 
     than 30 days following enactment.

                   Consumer Product Safety Commission


                         SALARIES AND EXPENSES

                         (INCLUDING RESCISSION)

       The Act provides $120,600,000 for the Consumer Product 
     Safety Commission (CPSC).
       CPSC is directed to continue providing drywall reports on a 
     quarterly basis, although CPSC should update the 
     Appropriations Committees of notable developments should they 
     occur outside the quarterly reporting schedule.
       GAO is directed to conduct a follow-up report, within 270 
     days of enactment, to its August 2009 report regarding CPSC's 
     oversight of imported products.
       Within funds provided, the CPSC is directed to address the 
     needs of Limited English Proficient persons both through 
     additional staffing of the CPSC toll-free hotline and by 
     enhancing the CPSC website.
       Within the funds provided, CPSC is directed to expand its 
     import safety activities above the levels assumed in the 
     fiscal year 2011 budget request. The CPSC is directed to 
     include, as part of its operating plan, specific descriptions 
     of its revised plans for using fiscal year 2011 funds to 
     enhance the safety of imported products.

                     Election Assistance Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The Act provides $17,100,000 for salaries and expenses of 
     the Election Assistance Commission (EAC), including $750,000 
     for the Help America Vote College Program and $300,000 for 
     mock election programs. The GAO is directed to evaluate the 
     effects of the Help America Vote Act (HAVA) on the 
     administration of elections to determine whether these 
     changes have improved the accuracy, accessibility, and 
     security of voting; and what challenges the Help America Vote 
     Act did not anticipate or did not address. The GAO should 
     include an assessment of whether the Federal funding provided 
     is sufficient to ensure that States hold open, fair, and 
     accurate elections in the future. The GAO is directed to 
     report its findings to the Committees on Appropriations 
     within 16 months of

[[Page 20545]]

     enactment. The GAO is directed to perform an audit within six 
     months of the passage of this Act of the staffing mix within 
     the EAC to determine if the current staffing structure is 
     appropriate to meet the requirements established under HAVA. 
     The EAC is directed to keep the Committees informed of new 
     hires and significant staffing changes, and any other major 
     developments.


                        ELECTION REFORM PROGRAMS

       The bill includes no funding for Election Reform programs, 
     consistent with the budget request. The Committees on 
     Appropriations note that due to budget constraints, many 
     States are having difficulty meeting the 5 percent matching 
     funds required to receive requirements payments. To ease this 
     burden, in fiscal year 2011, States may use the interest 
     earned on prior State appropriations to the Election Fund 
     required by Section 254(b) towards meeting the 5 percent 
     match requirement.

                   Federal Communications Commission


                         SALARIES AND EXPENSES

       The Federal Communications Commission (FCC) oversees the 
     Universal Service Fund (USF), which allocates twenty times as 
     much as the FCC's own funding. The FCC's Broadband Plan 
     contemplates using the USF to pursue universal broadband 
     service. The GAO is directed to analyze spending by the USF, 
     how it sets priorities, how well it accomplishes the goals of 
     the USF, and the challenges and advantages in having the USF 
     pursue universal broadband service.
       Within six months after the date of enactment, the FCC 
     shall report to the Appropriations Committees on the source 
     and scope of its existing authority to combat child 
     pornography and actions taken in the last two years under 
     that authority.
       Because public, educational, and governmental (PEG) 
     stations perform an important service to American public 
     life, the Committees on Appropriations urge the FCC to 
     resolve as soon as practicable any complaints about 
     difficulty accessing PEG stations.
       The FCC should have the goal that all persons living under 
     the American flag, including those living in the United 
     States territories, should have equal access to 
     communications services.
       The Committees on Appropriations applaud the Commission's 
     work with the broadcasting industry to develop family-
     friendly programming and direct the Commission to pursue 
     these efforts. As a result of the Commission's efforts, many 
     cable and satellite television operators are developing 
     family-friendly packages for consumers. The Committees direct 
     the Commission to continue its endeavors with the broadcast 
     industry to empower parents with the resources and tools to 
     effectively navigate the various broadcast channels.


      ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION

       Sections 501 and 502 continue long-standing administrative 
     provisions concerning the FCC.

                        Federal Trade Commission


                         SALARIES AND EXPENSES

       The Act provides $316,500,000 for salaries and expenses of 
     the Federal Trade Commission (FTC). The Act also estimates 
     that the amount provided will be partially offset by 
     $96,000,000 of collections from Hart-Scott-Rodino premerger 
     filing fees and $21,000,000 of collections from Do-Not-Call 
     list fees. Of this amount, $19,174,000 is to cover relocation 
     costs associated with the upcoming expiration of the lease on 
     a building occupied by the FTC.
       The FTC is directed to make its website more user friendly 
     to consumers. The Committees on Appropriations also encourage 
     the FTC to address the vulnerability of the Hispanic 
     population to fraud by making the amount of material and its 
     presentation on the FTC's Spanish language website as helpful 
     as that found on its English pages and by increasing outreach 
     to the Hispanic community and increasing law enforcement 
     efforts against unfair or deceptive practices that target 
     Spanish speakers.
       The FTC is directed to conduct research into real-time 
     bidding, which is the practice of using constantly updated 
     online and offline data sources to facilitate automated 
     auctions through which the winner is able to deliver a 
     highly-targeted advertisement to a consumer.
       The Committees on Appropriations continue to be concerned 
     with the potential for market manipulation and 
     anticompetitive behavior in the oil and natural gas 
     industries. The FTC is encouraged to continue its 
     investigations and other activities related to these concerns 
     and is directed to keep the Committees apprised of findings 
     made regarding fuel prices, as well as other planned 
     activities and investigations regarding the oil and gas 
     industries.
       In September 2000, the FTC released a report entitled: 
     ''Marketing Violent Entertainment to Children: A Review of 
     Self-Regulation and Industry Practices in the Motion Picture, 
     Music Recording & Electronic Game Industries.'' The FTC 
     should continue with, and expand upon, its efforts in this 
     area. The FTC is directed to continue to engage in consumer 
     research and workshops, underage shopper-retail compliance 
     surveys, and marketing data collection and analysis.

                    General Services Administration

       The General Services Administration (GSA) is directed to 
     include in future GSA-owned and leased buildings, signage 
     displayed next to all banks of elevators or on elevator doors 
     in GSA buildings, at the entrance to all nonemergency use 
     public stairwells, and at the base of escalators, indicating 
     the location of and encouraging use of the stairs; and that 
     design of new buildings promote the use of stairs. The 
     Committees on Appropriations recommend that GSA aim to 
     achieve the above-mentioned directive by September 30, 2011. 
     In order to ascertain precisely how much progress has been 
     made and how much remains, GSA is directed to provide 
     quarterly reports on the percentage of Federal buildings with 
     such signage as well as on actions undertaken with regard to 
     the design of new facilities, with a view to increasing the 
     likely use of stairs.
       GSA is directed to report within 120 days after enactment 
     of this Act the locations within the greater New Orleans 
     metropolitan area that have space available, either in an 
     existing office building or a site for the location of an 
     office building, that are compliant with the latest Federal 
     Anti-Terrorism/Force Protection standards, applicable 
     hurricane protections and USDA ISC security level guidelines 
     as of September 30, 2010.
       The Committees on Appropriations are aware that Executive 
     Order 12072 requires an agency to give first consideration to 
     the centralized community business areas of cities when 
     choosing office location, are troubled by the possible 
     relocation of Federal Government offices outside of the 
     central business district in Rockford, Illinois, and are 
     aware of ample office space in downtown Rockford, including 
     the Stanley J. Roszkowski United States Courthouse. GSA is 
     expected to fully comply with Executive Order 12072 and is 
     directed to work with the city of Rockford to retain Federal 
     Government offices in the central business district.


                        REAL PROPERTY ACTIVITIES

                         FEDERAL BUILDINGS FUND

                 LIMITATIONS ON AVAILABILITY OF REVENUE

       GSA is directed to expand the use of on-site renewable 
     energy in Federal buildings, in order to reduce greenhouse 
     gas emissions and moderate energy price fluctuations.


                      CONSTRUCTION AND ACQUISITION

       The Act limits funds for construction to $492,722,000 and 
     provides funds for the following projects:
Lakewood, Colorado, Denver Federal Center Remediation........$7,957,000
Washington, DC, St. Elizabeths DHS Consolidation and Develop267,675,000
Washington, DC, St. Elizabeths Historic Preservation Mitigatio4,990,000
Washington, DC, St. Elizabeths Highway Interchange............8,350,000
Calais, Maine, Ferry Point Land Port of Entry.................1,552,000
White Oak, Maryland, Food and Drug Administration Consolidat173,773,000
Detroit, Michigan, P.V. McNamara Federal Building FBI Garage..3,658,000
Martinsburg, West Virginia, IRS Annex........................24,767,000

       GSA is prohibited from using any of the nearly $400,000,000 
     in funding which has been appropriated for the courthouse 
     project for the Central District of California, Los Angeles 
     division for any other purpose. Further, should the land 
     purchased for the courthouse project be sold, GSA is 
     prohibited from using the proceeds of the sale of the land to 
     be used for any other purpose than addressing the housing 
     needs of the Los Angeles division of the Central District of 
     California. The Committees on Appropriations are pleased that 
     the project scope has now been reduced, resulting in a lower 
     cost facility than previously estimated.
       The Committees on Appropriations are concerned about the 
     number of years required for construction of land ports of 
     entry, and urges GSA to make every effort to streamline, 
     avoid duplication, and increase efficiency in the completion 
     of these projects, including coordination and cooperation 
     with other appropriate Federal agencies.
       Concerns have been brought to the attention of the 
     Committees on Appropriations about a lack of community 
     planning regarding certain GSA work. With respect to the San 
     Ysidro Land Port of Entry, GSA is directed to work with the 
     surrounding community to develop a design plan that 
     incorporates the interests of surrounding commercial and 
     business areas and that incorporates community-supported 
     pedestrian, parking and transit design elements before 
     beginning construction.

                        REPAIRS AND ALTERATIONS

       The Act limits resources for repairs and alterations to 
     $500,014,000 and provides funding for repairs and alterations 
     for the following projects:
Richmond, California, Frank Hagel Federal Building.........$113,620,000
Van Nuys, California, James C. Corman Federal Building.......11,039,000

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Washington, DC, West Wing Design Phase II.....................6,245,000
Indianapolis, Indiana, Major Emmett J. Bean Federal Center...65,813,000
New York, New York, Daniel Patrick Moynihan United States Cou28,000,000
Energy and Water Retrofit....................................15,000,000
Fire Prevention Program......................................10,000,000
Wellness and Fitness Program..................................3,500,000
Judiciary Capital Security Program...........................20,000,000
Basic Repairs and Alterations...............................226,797,000
       GSA shall submit a report to the Committees on 
     Appropriations within 90 days of enactment of this Act that 
     outlines its plan to allocate funding for the Judiciary 
     Capital Security Program.
       Additional projects for which prospectuses have been fully 
     approved may be funded under this category only if advance 
     approval is obtained from the Committees on Appropriations. 
     The amounts provided in this or any prior Act for ``Repairs 
     and Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the Appropriations Committees.


                            RENTAL OF SPACE

       Leased space is now just over half of the Public Buildings 
     Service inventory occupied by agencies. In GSA's annual 
     performance report as part of its fiscal year 2011 budget 
     justification, GSA stated that administering leased space 
     loses revenue each year, operating at a 2.1 percent deficit 
     or $98 million a year. In order to achieve the original 
     purpose of the Fund, the GSA is encouraged to decrease the 
     amount of space that it leases.


                           GENERAL ACTIVITIES

                         GOVERNMENT-WIDE POLICY

       The Committees on Appropriations remain supportive of the 
     Office of Federal High-Performance Green Buildings but note 
     its slow rate of spending. Therefore, GSA is directed to 
     submit to the Committees on Appropriations a detailed 
     expenditure plan for this Office within 30 days of enactment 
     of this Act, which should describe the budget, timeline, 
     objectives, and benefits of the Office. GSA is further 
     directed to provide quarterly reports on the obligation of 
     these funds.


                       ELECTRONIC GOVERNMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The Committees on Appropriations are supportive of the 
     concepts contemplated in the e-Gov account for fiscal year 
     2011. However, due to funding constraints as well as lack of 
     detail and clearly defined information regarding spending 
     requests, the Committees are reducing funding for e-Gov 
     programs for fiscal year 2011. GSA is directed to report to 
     the Committees on Appropriations within 120 days after 
     enactment of this Act on the feasibility of consolidating 
     Federal agency data centers into existing Government-owned/
     Government-operated facilities with multiple Federal tenants 
     and is required to submit a spending plan prior to obligating 
     funds.


             FEDERAL ACQUISITION WORKFORCE INITIATIVES FUND

                     (INCLUDING TRANSFERS OF FUNDS)

       For fiscal year 2011, the Committees recommend $10,000,000. 
     This is a new initiative that is proposed to be housed in GSA 
     but carried out in coordination with the Office of Federal 
     Procurement Policy of OMB. The Federal Acquisition Workforce 
     Initiative is provided $6,000,000 to create and maintain the 
     contractor inventory database required by section 743 of 
     Division D of Public Law 111-117, and $4,000,000 for 
     salaries, curriculum development, competency management, 
     certification management and career management.


       ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION

                     (INCLUDING TRANSFERS OF FUNDS)

       Long-standing administrative provisions are included 
     unchanged unless otherwise noted below.
       Section 517 clarifies the authorities of the Federal 
     Acquisition Workforce Training Fund, as requested by GSA.
       Section 518 authorizes GSA to release GSA interests in real 
     property in Tracy, California at a fair market price.
       Section 519 permits GSA to reprogram funds provided in 
     Public Law 111-5 with advance approval of the Committees on 
     Appropriations.
       Section 520 rescinds $1,400,000 in unobligated balances 
     from Policy and Operations for Governor's Island and the 
     Lorton Correctional Facility.
       Section 521 requires GSA to submit to Congress a building 
     project survey report on a consolidated headquarters for the 
     Federal Bureau of Investigation within 120 days and to 
     identify a preferred strategy.

              National Archives and Records Administration


                           OPERATING EXPENSES

       In its fiscal year 2012 budget justification, the National 
     Archives and Records Administration (NARA) is directed to 
     specifically address the resource needs of the Office of 
     Government Information Services.


                      ELECTRONIC RECORDS ARCHIVES

       Because reliable access to electronic government records 
     far into the future, regardless of changes in technology, is 
     of utmost importance, the Appropriations Committees have 
     directed ongoing GAO program oversight and review of annual 
     Electronic Records Archives (ERA) spending plans. Past 
     deficiencies in clearly identifying specific functions to be 
     delivered has hampered the Committees' ability to assess the 
     extent of progress on ERA that should be expected through 
     particular investments.
       NARA is directed to provide quarterly progress reports on 
     ERA beginning 60 days after enactment. The reports should 
     clearly state: (1) the functionality that is currently in 
     place, including the functionality that has recently been 
     added to ERA, (2) new functionality planned to be added in 
     the subsequent quarter, and (3) functionality that had been 
     planned for the most recent quarter but not added, along with 
     the reasons why it was not added, the problems encountered, 
     and the estimated cost increases and schedule delays as a 
     result.
       Language included in Senate Report 111-238 is reiterated 
     regarding NARA's lack of a contingency plan for the ERA 
     system in the event of a failure or disruption. NARA is 
     directed to devote resources to establish a robust online 
     backup and restoration service and to ensure that adequate 
     capabilities are in place for managing restricted 
     information.
       NARA is directed to promptly report to the Appropriations 
     Committees any delays, cost overruns, or other issues 
     impeding the progress of ERA.

                     Office of Personnel Management


                         SALARIES AND EXPENSES

                  (INCLUDING TRANSFER OF TRUST FUNDS)

       The Act provides a general fund appropriation of 
     $96,439,000 for salaries and expenses of the Office of 
     Personnel Management (OPM). The amount includes $6,004,000 
     for the Enterprise Human Resources Integration project and 
     $1,416,000 for the Human Resources Line of Business project.
       The Act also provides $121,738,000 for administrative 
     expenses to be transferred from trust funds. This amount 
     includes $9,495,000 for the cost of implementing the new 
     integrated financial system as well as automating the 
     retirement record-keeping systems. The GAO should continue to 
     monitor and provide recommendations on OPM's efforts toward 
     developing and implementing the retirement modernization 
     program. OPM is directed to work with GAO to develop program 
     goals, performance measures, and project timelines and to 
     submit a report on its progress within 120 days of enactment. 
     OPM is also directed to continue to provide the Committees on 
     Appropriations and GAO with quarterly reports on the 
     implementation of the retirement modernization program, which 
     should reflect a detailed, complete, and accurate assessment 
     of the status of the program.
       Additionally, OPM is directed to submit a report to the 
     Committees on Appropriations within 120 days of enactment on 
     ways in which it has streamlined Federal hiring practices, 
     including its efforts to create a central registry of 
     qualified applicants for the most recruited positions in the 
     Federal Government.
       Background investigations for Federal civilian, military, 
     contract employment and eligibility for access to classified 
     national security information are performed by Federal and 
     contract investigators working throughout the United States 
     and abroad. Given the national security implications of this 
     work, OPM is directed to provide an updated report to the 
     Committees within 60 days of enactment on the number of fraud 
     cases involving fabricated background investigations, the 
     number of cases prosecuted in Federal court (including case 
     disposition), and what, if any, quality control measures OPM 
     has implemented to prevent further fraud in this program as 
     well as to ensure early detection of fabricated reports.
       The Intergovernmental Personnel Act Mobility Program (IPA) 
     provides for the temporary assignment of personnel between 
     the Federal Government and state and local governments, 
     colleges and universities, Indian tribal governments, 
     Federally funded research and development centers, and other 
     eligible organizations. 5 CFR part 334 regulates this 
     program, and it defines ``State'' as ``a State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Trust Territory of the Pacific Islands, the 
     Northern Mariana Islands, and a territory or possession of 
     the United States; and an instrumentality or authority of a 
     State or States; and a Federal- State authority or 
     instrumentality.'' OPM is directed to post this more complete 
     definition on its IPA website so that Federal employees know 
     the full range of opportunities and experiences provided 
     through this program.
       In April 2010, OPM provided a report to Congress on nursing 
     faculty and the IPA, along with findings and recommendations 
     on the current nurse and nurse faculty shortage. OPM is 
     expected to provide regular, 6-month updates on next steps as 
     outlined in Senate Report 111-238.

[[Page 20547]]

       OPM's Federal Human Capital Survey provides important data 
     for independent analyses of Federal employee satisfaction. 
     OPM shall continue to make agencies' survey data publicly 
     available in a consistent and consolidated format, and in a 
     timely manner.
       OPM is urged to increase its efforts to encourage Federal 
     agencies to reach out to diverse populations in their 
     recruitment efforts. The recent Federal Equal Opportunity 
     Recruitment Program Report noted that Hispanics and women lag 
     in representation within the Federal workforce, compared to 
     the civilian labor force. OPM is urged to continue to look 
     for ways to diversify the Federal workforce. OPM is directed 
     to continue to provide its current report as an appendix to a 
     more streamlined analysis that provides a straightforward 
     breakdown of the Federal workforce, management, and 
     executives by race, ethnicity, and gender for all Federal 
     employees. The report should also include, for each agency, 
     an agency-specific breakdown that is accompanied with a 
     narrative about that agency's substantive efforts to promote 
     diversity through outreach and recruiting practices. The 
     report should conclude with a discussion of OPM's current 
     strategy for expanding diversity within the Federal 
     government and a projected five-year strategy with 
     performance metrics based on the methods it intends to use to 
     implement this strategy. OPM is also directed to establish a 
     forum so that agencies may share best practices in recruiting 
     and retaining employees.
       OPM should spearhead an effort to encourage federal 
     agencies to increase recruitment efforts within the United 
     States Territories, home to many U.S. citizens not fully 
     aware of the job opportunities within the Federal Government. 
     GAO is directed to review the agencies' progress in reaching 
     out to and recruiting from the Territories and to submit a 
     report to the Committees within 120 days of enactment.
       The issue of continuous and sustained inappropriate use of 
     temporary hiring authority by Federal agencies remains 
     unresolved. OPM is directed to report to the Committees on 
     Appropriations, no later than 90 days after enactment of this 
     Act, on options and recommendations, as outlined in Senate 
     Report 111-238, to remedy this problem.


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

                  (INCLUDING TRANSFER OF TRUST FUNDS)

       The Act provides $25,885,000 for salaries and expenses of 
     the Office of Inspector General, with $3,997,000 as a general 
     fund appropriation and $21,888,000 as a transfer from OPM 
     trust funds. Additional funding is provided to augment base 
     resources and permit hiring of additional audit and 
     investigative staff.


      GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS

       The Act provides such sums as necessary for health benefits 
     payments.


       GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE

       The Act provides such sums as necessary for life insurance 
     payments.


        PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

       The Act provides such sums as necessary for retirement and 
     disability payments.

                      Postal Regulatory Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       As outlined in Senate Report 111-238, the Postal Regulatory 
     Commission is directed to report to the Appropriations 
     Committees, not later than April 1, 2011, on the potential 
     economic impacts if restrictions on the consolidation or 
     closure of small rural and other small post offices were 
     removed. The report should include an assessment of the 
     Postal Service's efforts to enhance customer access, improve 
     revenue and reduce costs through the co-location of postal 
     services in grocery stores and other existing retail outlets.

              Privacy and Civil Liberties Oversight Board


                         SALARIES AND EXPENSES

       The Act provides $1,500,000 for salaries and expenses of 
     the Privacy and Civil Liberties Oversight Board, to remain 
     available for obligation until September 30, 2012. The Board 
     has not yet been reconstituted as required by Public Law 110-
     53, and, therefore, the new entity's funding requirements 
     have not been firmly established or justified. Once 
     reconstituted, the Board should present the Committees on 
     Appropriations with a detailed budget plan as quickly as 
     possible.

                   Securities and Exchange Commission


                         SALARIES AND EXPENSES

       The Securities and Exchange Commission (SEC) Office of 
     Global Security Risk is directed to submit quarterly reports 
     of its activities to the Committees on Appropriations, with a 
     particular focus on corporate disclosures involving conflict 
     minerals, extractive industries, and mining safety matters as 
     well as SEC's efforts to address concerns that American 
     investors may be unwittingly investing in companies with ties 
     to countries that sponsor terrorism or are linked to human 
     rights violations.
       To facilitate greater access to companies' disclosures 
     concerning their business activities in or with state 
     sponsors of terrorism, the SEC is directed to promptly issue 
     final rules that require each issuer to disclose activities 
     that may subject it to sanctions under section 5 of the Iran 
     Sanctions Act of 1996.

                     Small Business Administration


                         SALARIES AND EXPENSES

       The Act provides $459,125,000 for the salaries and expenses 
     account of the Small Business Administration (SBA). An 
     additional amount for initiatives related to small business 
     development and entrepreneurship is provided under SBA 
     administrative provisions.
       The Committees on Appropriations have been frustrated that 
     recent SBA congressional justifications have been 
     unnecessarily complicated. SBA is directed to revise the 
     format of the congressional justification for fiscal year 
     2012 so that the budget detail provided ties directly to 
     enacted and requested appropriated amounts.
       Not less than the following amounts shall be dedicated to 
     the non-credit programs of the SBA:

                       [In thousands of dollars]

Small Business Development Centers (SBDCs).................... $115,250
Veterans Business Development.....................................2,750
SCORE.............................................................7,750
Women's Business Centers.........................................14,500
National Women's Business Council.................................1,900
Drug Free Workplace...............................................1,030
Microloan Technical Assistance...................................22,000
PRIME.............................................................8,000
Native American Outreach..........................................1,625
7(j) Technical Assistance.........................................3,700
HUBZone...........................................................2,350
Hispanic Business Centers.........................................1,000
Entrepreneurial Development.......................................9,000
Total, non-credit initiatives...................................190,855

       The SBA shall not reduce these non-credit programs from the 
     amounts specified above and the SBA shall not merge any of 
     the non-credit programs without advance written approval from 
     the Committees. Further, the SBA is directed to support no 
     less than the fiscal year 2010 level of funding for the 
     National Ombudsman; the Office of Advocacy, including support 
     for the Advocacy Database; and the international trade 
     programs. SBA is also directed to report to the Committees on 
     Appropriations within 30 days of enactment on the strategies 
     and goals of each initiative, methodologies for assessing the 
     performance of each initiative and each individual project 
     selected under each initiative, and methodologies planned for 
     selection of individual projects and recipients; and to 
     provide an operating plan individually addressing each 
     proposed initiative and detailing funding planned for grants, 
     contracts, and salaries and expenses of both current and new 
     SBA employees, including travel expenses.
       The Committees recommend that up to $9,000,000 shall be 
     available for the Entrepreneurial Development program 
     administered by the SBA, including for the Emerging Leaders 
     Initiative and Clusters initiative proposed in the budget. 
     SBA is directed to allocate such funds to the maximum extent 
     possible to its current partners--namely, SBDCs, Women's 
     Business Centers, the Service Corps of Retired Executives 
     (SCORE), and Veterans Business Outreach Centers--and to 
     notify the Committees not less than 15 days prior to 
     obligation of funds provided. Included in the amount for non-
     credit initiatives is $1,000,000 for a Hispanic Business 
     Centers pilot program to provide financial assistance to 
     educational institutions, nonprofit organizations, and State 
     and local departments and agencies providing management and 
     technical assistance to Hispanic small businesses. The SBA is 
     directed to consider the Women's Business Centers program as 
     a model for the pilot program.
       Of the amounts provided, $268,270,000 is for operating 
     expenses of the SBA. In addition, a total of $349,000,000 
     from other SBA accounts may be transferred to and merged with 
     the salaries and expenses account. Within the amounts 
     recommended for SBA's operating expenses, $15,347,700 is 
     provided for the agency-wide effort to modernize SBA's loan 
     management and accounting systems. SBA is directed to place a 
     top priority on ensuring a successful modernization of 
     current systems. SBA shall submit a quarterly written report 
     to the Committees on Appropriations summarizing the agency's 
     progress regarding modernization efforts, including 
     milestones planned and achieved and progress on cost and 
     schedule.
       SBA is directed to continue to work to ensure that there is 
     equitable distribution of resources to all 8(a) participants. 
     GAO is directed to, within 180 days of enactment of this Act, 
     report on 8(a) program participants, the number and 
     disadvantaged status of the owners of the businesses who have 
     participated in the program in recent years, and such other 
     criteria as may be developed during consultation with the 
     Committees on Appropriations. Further, GAO is directed to 
     provide a report to the Committees on Appropriations on the 
     capability of SBDCs to offer technical assistance in more 
     than one language by May 1, 2011.
       SBA is directed to coordinate with the Forest Service and 
     the Bureau of Land Management concerning the small business 
     timber sale set-aside program that serves many

[[Page 20548]]

     small rural communities and small timber mills. SBA is also 
     directed to provide a written report to the Committees on 
     Appropriations within 60 days of enactment detailing SBA's 
     current and planned activities related to communication with 
     timber businesses in small rural communities, including 
     potentially designating an industrial specialist (forestry) 
     position in Portland, Oregon.
       The Committees on Appropriations note that there is no 
     Procurement Center Representative located in the regions of 
     Puerto Rico or the U.S. Virgin Islands and directs that a 
     Procurement Center Representative be physically located in 
     Puerto Rico to service both regions.


                      OFFICE OF INSPECTOR GENERAL

       The Inspector General is directed to continue routine 
     analysis and reporting on SBA's modernization of its loan 
     management and accounting systems, including acquisition, 
     contractor oversight, implementation, and progress regarding 
     budget and schedule.


                     BUSINESS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The Committees direct SBA to continue to conduct outreach 
     to existing financial entities that may be well-suited to 
     participate in the Microloan program so that the program can 
     grow and expand access to microcapital across the country. 
     SBA shall submit a written report to the Committees on 
     Appropriations within 90 days of enactment summarizing the 
     agency's plans for expanding the reach of the Microloan 
     program. Additionally, SBA, in coordination with the Federal 
     Reserve, is directed to submit a written report to the 
     Committees on Appropriations within 90 days of enactment on 
     the feasibility and benefits of enhanced data collection on 
     small business lending, including but not limited to data on 
     loan origination and loan size.


                     DISASTER LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The Committees on Appropriations urge SBA to seek out 
     emergency funding in the event of a disaster requiring loan 
     assistance and direct SBA to continue providing updates on 
     available resources for the disaster loans program on a 
     monthly basis.


        ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

       Long-standing administrative provisions are continued 
     without change unless otherwise noted below.
       Section 532 makes a technical correction to Public Law 111-
     8 and Public Law 111-117.
       Section 533 makes technical changes to Public Law 111-240.
       Section 534 provides $47,575,000 for small business 
     development and entrepreneurship initiatives, including 
     programmatic and construction activities, to be awarded as 
     follows:

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                      United States Postal Service


                   PAYMENT TO THE POSTAL SERVICE FUND

       The Postal Service and the Postal Regulatory Commission are 
     directed to take into consideration the accessibility of 
     Federally-regulated financial institutions in surrounding 
     areas before closing a postal facility.
       As outlined in Senate Report 111-238, the Postal Service is 
     strongly urged to continue to expand the co-location of 
     postal services and pursue other innovative approaches to 
     serving customers.
       In light of the Postal Regulatory Commission's report that 
     the Postal Service has overpaid into the CSRS pension fund, 
     OPM is urged to apply a fair and equitable methodology for 
     calculating the payment allocation and adjust the Postal 
     Service's contributions into the fund accordingly.

                        United States Tax Court


                         SALARIES AND EXPENSES

       The Act includes $55,053,000 for salaries and expenses of 
     the United States Tax Court. Of this amount, $2,852,000 is 
     available until September 30, 2012 for perimeter security 
     improvements to the U.S. Tax Court headquarters.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sections 601 through 617, Section 619, and Section 621 
     continue general provisions that were included in title VI of 
     Division D of Public Law 111-117.
       Section 618 rescinds $1,500,000 in unobligated balances 
     from the Privacy and Civil Liberties Oversight Board.
       Section 620 allows political subdivisions of States and 
     territories to be eligible for pool safety grants.
       Section 622 deems certain Help America Vote Act grants in 
     Fiscal Year 2004 to have been authorized.
       Section 623 directs the President to transmit deficiency 
     and supplemental requests from judicial and legislative 
     branches.
       Section 624 permits the Abraham Lincoln Bicentennial 
     Foundation to receive matching funds from sale of the Lincoln 
     Bicentennial coin.
       Section 625 rescinds prior year unobligated balances from 
     the Federal Communications Commission.
       The Act does not include the provision passed by the House 
     Subcommittee on Financial Services and General Government 
     concerning the Stanford Ponzi scheme that the Congressional 
     Budget Office subsequently estimated to have a cost of $550 
     million in fiscal year 2011.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sections 701 through 732 and Sections 734 through Section 
     740 continue general provisions that were included in title 
     VII of Division D of Public Law 111-117.
       Section 733 updates long-standing authority to transfer 
     funds between agencies to ensure the uninterrupted, 
     continuous operation of the Midway Atoll Airfield.
       Section 741 revises Section 743 of Division D of Public Law 
     111-117 to strengthen the inventory of contractor services.
       Section 742 eliminates pay increases in 2011 for many non-
     career employees in the Executive Branch.
       Section 743 continues the provision concerning the non-
     application of these general provisions to title IV and title 
     VIII.
       Section 744 directs the GAO to study federal payment of 
     interchange fees.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA


                     (INCLUDING TRANSFER OF FUNDS)

       Sections 801 through 817 continue general provisions that 
     were included in title VIII of Division D of Public Law 111-
     117.
       Section 818 permits the Public Defender Service for the 
     District of Columbia to purchase professional liability 
     insurance for its attorneys, staff, and board members.
       Section 819 modifies the frequency of management 
     evaluations by the Government Accountability Office of the 
     District of Columbia's chartering authority for public 
     charter schools.
       Section 820 specifies that references to this Act in this 
     title or title IV are treated as referring only to the 
     provisions of this title and title IV.

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  DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011

       The following is an explanation of the effects of Division 
     F, which makes appropriations for the Department of Homeland 
     Security for fiscal year 2011. As provided in section 4 of 
     the consolidated bill, this explanatory statement shall have 
     the same effect with respect to the allocation of funds and 
     implementation of this division as if it were a joint 
     explanatory statement of a committee of conference. The 
     language and allocations contained in Senate Report 111-222 
     should be complied with, and carry the same emphasis as the 
     language included in the explanatory statement, unless 
     specifically addressed to the contrary in the bill or this 
     explanatory statement. While repeating some report language 
     for emphasis, this explanatory statement does not intend to 
     negate the language referred to above unless expressly 
     provided herein. When this explanatory statement refers to 
     the Committees or the Committees on Appropriations, unless 
     otherwise noted, this reference is to the House Subcommittee 
     on Homeland Security and the Senate Subcommittee on the 
     Department of Homeland Security. In cases where the 
     explanatory statement directs the submission of a report, 
     such report shall be provided to the Committees on 
     Appropriations by February 9, 2011, unless otherwise 
     directed. In cases where the explanatory statement directs a 
     briefing, such briefing shall be provided to the Committees 
     by February 16, 2011, unless otherwise directed.
       This explanatory statement refers to the following laws and 
     organizations as follows: Implementing Recommendations of the 
     9/11 Commission Act of 2007, Public Law 110-53, is referenced 
     as the 9/11 Act; Security and Accountability for Every Port 
     Act of 2006, Public Law 109-347, is referenced as the SAFE 
     Port Act; Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act, Public Law 93-288 is referenced as the 
     Stafford Act; the American Recovery and Reinvestment Act of 
     2009, P.L. 111-5 is referenced as the Recovery Act; the 
     Department of Homeland Security is referenced as DHS; the 
     Government Accountability Office is referenced as GAO; and 
     the Office of Inspector General of the Department of Homeland 
     Security is referenced as the IG. In addition, any reference 
     to ``full-time equivalents'' shall be referred to as FTE; any 
     reference to ``program, project, and activity'' shall be 
     referred to as PPA; any reference to a ``Homeland Security 
     Presidential Directive'' shall be referred to as HSPD; and 
     any reference to the Secretary shall be interpreted to mean 
     the Secretary of Homeland Security.

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this explanatory 
     statement.

             TITLE I DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       The bill provides $150,126,000 for the Office of the 
     Secretary and Executive Management. Funding shall be 
     allocated as follows:
Immediate Office of the Secretary............................$5,427,000
Immediate Office of the Deputy Secretary......................1,974,000
Office of the Chief of Staff..................................3,158,000
Office of Counternarcotics Enforcement........................3,700,000
Executive Secretary...........................................8,717,000
Office of Policy.............................................46,000,000
Office of Public Affairs......................................6,200,000
Office of Legislative Affairs.................................7,150,000
Office of Intergovernmental Affairs...........................3,519,000
Office of General Counsel....................................24,363,000
Office for Civil Rights and Civil Liberties..................24,000,000
Citizenship and Immigration Services Ombudsman................6,800,000
Privacy Officer...............................................9,118,000
                                                       ________________
                                                       
  Total....................................................$150,126,000

       The Secretary shall provide the Committees semiannual 
     reports, no later than February 16, 2011, and July 1, 2011, 
     which provide a priority list of efficiencies being pursued 
     as a result of the Secretary's Efficiency Review and an 
     accounting of progress against that list; a list of 
     components and specific procurements where additional 
     oversight personnel are needed and where such personnel are 
     being assigned; and an accounting of how reforms in the 
     headquarters structure and function are providing better 
     support and management for the Department's operators in the 
     field.
       The Deputy Secretary shall work to develop a coordinated 
     and integrated approach for securing chemical facilities, 
     ensuring companies do not misuse regulation to delay Federal 
     safety investigations following chemical accidents, and 
     providing the reports and briefings required in Senate Report 
     111-222. The Department shall also brief the Committees on 
     the plans to resolve the differences between and standardize 
     risk evaluations for chemical facilities regulated under 
     Chemical Facility Anti-Terrorism Standards and the Maritime 
     Transportation Security Act.
       The Deputy Secretary shall examine which entity among the 
     Office of Inspector General (IG), U.S. Customs and Border 
     Protection (CBP), and U.S. Immigration and Customs 
     Enforcement (ICE) should coordinate and take the lead on 
     integrity investigations, establish clear lines of authority 
     for the different types of investigations, and report on 
     these decisions no later than 90 days after the date of 
     enactment of this Act.
       The Office of Counternarcotics Enforcement is directed to 
     brief the Committees no later than 90 days after the date of 
     enactment of this Act on its efforts to address the 
     recommendations made in OIG-10-80.
       The Office of Policy shall submit an expenditure plan for 
     fiscal year 2011 no later than 60 days after the date of 
     enactment of this Act in the fiscal year 2010 plan format.
       Within the $6,200,000 for the Office of Public Affairs is 
     $386,000 for the National Joint Information Center, as 
     requested. The Office should develop a plan for operating for 
     the full fiscal year at this level without a reprogramming 
     request.
       The Office for Civil Rights and Civil Liberties shall 
     submit an expenditure plan as outlined in Senate Report 111-
     222.
       The Citizenship and Immigration Services Ombudsman shall 
     brief the Committees on the Virtual Ombudsman System as 
     outlined in Senate Report 111-222.
       The Department shall ensure that enacted FTE numbers 
     included in the budget justification documents for fiscal 
     year 2012 accurately reflect the FTE levels funded in this 
     Act.
       The Department shall include a separate appropriation 
     justification for the Working Capital Fund (WCF) in the 
     fiscal year 2012 budget request as outlined in House Report 
     111-298. Prompt notifications of changes to the WCF are 
     expected, and the WCF is not to be used to fund disapproved 
     activities.
       The Department shall continue to report on detailees on a 
     semiannual basis, as outlined in Senate Report 111-222.
       The Department shall track its reception and representation 
     expenses and brief the Committees in detail on those expenses 
     on a semiannual basis. The Department shall review reception 
     and representation allowances for equitable alignment among 
     components at or below the current combined maximum total 
     funding level and propose any suggested changes in the fiscal 
     year 2012 budget request.
       The Department shall report semi-annually on the current 
     projects tasked to Federally-Funded Research and Development 
     Centers, the funding obligated by component, including the 
     purposes for the funds, and any projects completed in the 
     prior six-month period, with the first report due February 
     16, 2011.
       The Department shall submit the implementation plan for the 
     small vessel security strategy expeditiously, including 
     resource requirements.

              Office of the Under Secretary for Management

       The bill provides $242,233,000 for the Office of the Under 
     Secretary for Management. Funding shall be allocated as 
     follows:
Immediate Office of the Under Secretary for Management.......$2,770,000
Office of Security...........................................72,864,000
Office of the Chief Procurement Officer......................75,527,000
Office of the Chief Human Capital Officer....................42,130,000
Office of the Chief Administrative Officer...................48,942,000
    Salaries and Expenses..................................[43,942,000]
    Nebraska Avenue Complex.................................[5,000,000]
  Total....................................................$242,233,000
       The Office of Security shall review policies for all DHS 
     components' controlled information designations, develop a 
     common set of designations for use by all components, and 
     establish a uniform policy on the use of such designations. 
     The Office shall brief the Committees quarterly on its 
     progress beginning March 1, 2011.
       The Department shall refrain from placing unreasonable 
     information control burdens on university researchers 
     partnering with DHS components, especially when the partnered 
     research does not require access to controlled information.
       The Department is directed to continue the acquisition 
     workforce centralized training program at its current level.
       The Office of the Chief Procurement Officer (OCPO) shall 
     brief the Committees on its Department-wide assessment to 
     determine gaps in key acquisition disciplines no later than 
     60 days after its completion. The briefing shall include the 
     planned distribution of funded positions and FTE by office. 
     Sustained funding for the acquisition workforce initiative is 
     expected in the fiscal year 2012 budget request.
       OCPO shall continue reporting on major acquisitions as 
     outlined in Senate Report 111-31, but on a semiannual basis.
       The Office of the Chief Human Capital Officer (OCHCO) shall 
     provide quarterly briefings summarizing vacancy data at the 
     Department as outlined in Senate Report 111-222, including 
     the results of the fiscal year 2010 performance metrics 
     established by DHS for OCHCO. OCHCO shall also brief the 
     Committees on the strategic plans for overhauling the hiring 
     process as outlined in Senate Report 111-222.

[[Page 20567]]

       The Under Secretary for Management and OCHCO shall brief 
     the Committees on all components' progress on carrying out 
     the Department's ``Balanced Workforce Strategy'' as detailed 
     in Senate Report 111-222 no later than February 16, 2011. The 
     Department shall provide an implementation plan, including an 
     overall priority list of conversions, and an accounting of 
     progress against that list and description of associated 
     savings. All Departmental components are to give priority 
     attention to conducting their workforce reviews and promptly 
     implement any changes.
       The Department shall maintain an appropriate funding level 
     for environmental planning, historic preservation, and 
     internal control activities proposed to be cut in the budget 
     request.
       The Department shall provide to the Committees its 
     comprehensive management integration strategy and 
     alternatives analysis regarding a nationwide backup for the 
     Global Positioning System as outlined in Senate Report 111-
     222.

                 Office of the Chief Financial Officer

       The bill provides $64,480,000 for the Office of the Chief 
     Financial Officer (CFO). The CFO shall continue to keep the 
     Committees informed on the progress of the Transformation and 
     Systems Consolidation (TASC) initiative through reports as 
     outlined in the explanatory statement accompanying P.L. 111-
     83, including information on how the recommendations of GAO 
     (GAO-04-536 and GAO-10-76) are being implemented, and provide 
     the approved TASC implementation plan to the Committees no 
     later than 15 days after the date of enactment of this Act. 
     TASC is to be capable of tracking obligations by PPA. The CFO 
     shall brief the Committees on the feasibility of outfitting 
     current financial systems with this capability on an interim 
     basis until TASC is fully operational with the same 
     functionality.
       The CFO shall ensure that adequate justification is given 
     to each increase, decrease, transfer, and staffing change 
     proposed in the fiscal year 2012 budget justification, and 
     that each item directed by the Committees to be provided as a 
     part of the fiscal year 2012 budget justification is 
     delivered as mandated.
       The CFO shall submit as part of the fiscal year 2012 budget 
     justification the following: detailed information by 
     appropriations account and PPA on all reimbursable agreements 
     and significant uses of the Economy Act for each fiscal year; 
     a detailed table identifying the last year that authorizing 
     legislation was provided by Congress for each PPA; the amount 
     of the authorization and the appropriation in the last year 
     of authorization; and a report on the status of overdue 
     Committee reports, plans and briefings for fiscal years 2010 
     and 2011. In addition, with the Department's Explanation of 
     Changes to General Provisions, the CFO shall provide the text 
     and citation of all Department appropriations provisions 
     enacted to date that are permanent law.

                Office of the Chief Information Officer

       The bill provides $375,359,000 for the Office of the Chief 
     Information Officer (CIO). Within this total is $83,948,000 
     for data center development, $16,000,000 for e-mail 
     consolidation, $12,268,000 for single sign-on upgrades, and 
     $9,609,000 for the Administration's proposed cross-enterprise 
     information-sharing initiative and data quality and coherence 
     initiatives. The CIO shall provide a detailed expenditure 
     plan no later than 60 days after the date of enactment of 
     this Act that includes how the costs for the data quality and 
     information-sharing initiatives are being shared with the 
     CIO's partners. No funding is provided for the Homeland Top 
     Secret/Sensitive Compartmented Information network 
     initiative. Should the CIO wish to pursue this initiative in 
     future years, a more complete justification and cost estimate 
     should be provided to the Committees.
       The shift of funding for communications security 
     modernization activities is approved. Funding shall be 
     allocated as follows:
Salaries and Expenses.......................................$82,727,000
Information Technology Services..............................53,079,000
Infrastructure and Security Activities......................181,644,000
National Security Systems....................................57,909,000
                                                       ________________
                                                       
  Total....................................................$375,359,000

       The CIO shall provide quarterly briefings on single sign-on 
     and messaging consolidation, as well as OneNet implementation 
     and migration to Networx. The CIO shall continue providing 
     quarterly briefings on CIO and department-wide information 
     technology (IT) priorities as outlined in House Report 111-
     298, and add information on all IT acquisitions financed 
     directly or managed by the CIO to those briefings.
       In addition to funding within this account, $78,463,000 is 
     included in various components for data center consolidation, 
     for a total fiscal year 2011 funding level of $162,411,000. 
     The following chart displays the funding levels by component:
DHS headquarters............................................$83,948,000
U.S. Customs and Border Protection...........................25,370,000
U.S. Immigration and Customs Enforcement.....................10,400,000
United States Secret Service.................................12,600,000
National Protection and Programs Directorate..................2,000,000
US-VISIT.....................................................15,000,000
Federal Emergency Management Agency...........................5,900,000
United States Citizenship and Immigration Services............7,193,000
                                                       ________________
                                                       
  Total....................................................$162,411,000

                        Analysis and Operations

       The bill provides $340,000,000 for Analysis and Operations, 
     which funds both the Directorate for Intelligence and 
     Analysis (I&A) and the Directorate for Operations 
     Coordination. Additional information is provided in the 
     classified annex to this explanatory statement. As in past 
     years, the Under Secretary for Intelligence shall submit an 
     expenditure plan for I&A within 60 days after the date of 
     enactment of this Act. The plan shall meet the requirements 
     listed in Senate Report 111-222. The expenditure plan shall 
     focus the activities of the Office on areas where the 
     Department can provide unique expertise or serve intelligence 
     customers who are not supported by other components of the 
     Intelligence Community, consistent with current statute and 
     executive orders, and in a way that does not impair 
     intelligence support to the senior leadership of the 
     Department of Homeland Security.

                     State and Local Fusion Centers

       Historical appropriations made for the program indicate 
     strong support for State and local fusion centers (SLFCs), 
     but I&A still needs to more fully identify and quantify the 
     Federal benefits and return on investment generated by this 
     spending. Furthermore, although I&A has requested to 
     establish a new program management office bureaucracy to 
     oversee the SLFC program, the Department has submitted little 
     documentation to explain the need for this level of overhead 
     or how, precisely, this new activity will function. A 
     statutory provision in the bill requires I&A to develop and 
     submit, as part of a notification pursuant to section 503 of 
     this Act, such robust programmatic justification prior to 
     establishing any new program management office to oversee 
     SLFCs. I&A is also directed to provide quarterly briefings to 
     the Committees on the fusion center program, as detailed in 
     Senate Report 111-222.

           National Immigration Information Sharing Operation

       The bill continues to restrict operations of the National 
     Immigration Information Sharing Operation until the Secretary 
     certifies that the program will comply with all statutory 
     privacy and civil liberties requirements and that 
     certification is reviewed by the Government Accountability 
     Office.

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this explanatory 
     statement.

                      Office of Inspector General

       The bill provides a total of $131,806,000 for the Office of 
     Inspector General (IG), including a direct appropriation of 
     $115,806,000 and a transfer of $16,000,000 from the Disaster 
     Relief Fund (DRF). The IG is required to notify the 
     Committees no less than 15 days prior to any transfer from 
     the DRF. Increased resources are provided for integrity 
     investigations. The IG is directed to submit a plan for 
     expenditure of these funds no later than 90 days after the 
     date of enactment of this Act. The plan shall be developed in 
     coordination with CBP and ICE.
       The IG is directed to continue to manage audit and 
     investigation reports as directed in House Report 111-298.
       The IG is directed to report on disaster housing as 
     discussed under FEMA ``Disaster Relief.''

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

       The bill provides $8,239,377,000 for U.S. Customs and 
     Border Protection (CBP) Salaries and Expenses; makes not less 
     than $1,700,000 available until September 30, 2012 for the 
     Global Advanced Passenger Information/Passenger Name Record 
     (API/PNR) international program; and requires the Border 
     Patrol to maintain an agent workforce of not less than 20,500 
     full-time equivalent positions.
       Within this total, the bill provides: $15,000,000 for the 
     intellectual property rights (IPR) initiative, for which CBP 
     is directed to submit to the Committees on Appropriations a 
     detailed implementation plan in conjunction with its fiscal 
     year 2012 budget submission; $123,497,000, as requested, for 
     the Western Hemisphere Travel Initiative (WHTI); $10,000,000 
     above the request for officer integrity activities, including 
     the hiring of additional polygraph personnel in order to 
     eliminate the backlog in testing and to test all new hires; 
     $3,000,000 to restore funding for the Global API/PNR program; 
     an additional $5,200,000 to expand the Immigration Advisory 
     Program to three new overseas locations, which CBP shall 
     identify in its fiscal year 2012 budget submission; 
     $158,100,000 for

[[Page 20568]]

     Inspection and Detection Technology Investments, including 
     $3,000,000 for competitive awards for operational testing of 
     spreader bar and other innovative systems that could help 
     overcome logistical challenges to scanning cargo for nuclear 
     or radiological materials that exist at major transshipment 
     ports and seaports that depend on on-dock rail transfer; 
     $62,009,000, $4,000,000 above the fiscal year 2010 level, to 
     support CBP intelligence programs; $311,052,000 for Air and 
     Marine Operations, including $12,000,000 above the request to 
     restore unmanned aircraft system (UAS) operators, pilots, and 
     other positions reduced in the fiscal year 2011 request, and 
     $900,000 for positions associated with the additional UAS; 
     and $4,750,000 for textile transshipment enforcement.
       The following table specifies funding by budget program, 
     project, and activity:
Headquarters Management and Administration:
  Management and Administration, Border Security Inspections and Trade 
    Facilitation...........................................$519,182,000
  Management and Administration, Border Security and Control Between 
    Ports of Entry..........................................492,242,000
  Rent......................................................400,573,000
                                                       ________________
                                                       
    Subtotal, Headquarters Management and Administration..1,411,997,000
Border Security Inspections and Trade Facilitation:
  Inspections, Trade, and Travel Facilitation at Ports of 2,499,572,000
  Harbor Maintenance Fee Collection (Trust Fund)..............3,274,000
  International Cargo Screening.............................103,438,000
  Other International Programs...............................11,247,000
  Customs-Trade Partnership Against Terrorism................50,000,000
  Trusted Traveler Programs..................................11,500,000
  Inspection and Detection Technology Investments...........158,100,000
  Automated Targeting Systems................................35,500,000
  National Targeting Center..................................45,785,000
  Training...................................................20,800,000
                                                       ________________
                                                       
    Subtotal, Border Security Inspections and Trade Facili2,939,216,000
Border Security and Control between Ports of Entry:
  Border Security and Control.............................3,540,833,000
  Training...................................................36,279,000
                                                       ________________
                                                       
    Subtotal, Border Security and Control between POEs....3,577,112,000
Air and Marine Operations...................................311,052,000
                                                       ================

      Total..............................................$8,239,377,000
       CBP shall brief the Committees not later than February 16, 
     2011, on the following:
       1. How CBP will use the funds provided for officer 
     integrity in this bill and in P.L. 111-230, the fiscal year 
     2010 border supplemental, to eliminate the investigation 
     backlog and other efforts as discussed in Senate Report 111-
     222;
       2. The performance and deployment of WHTI systems and 
     technology;
       3. CBP plans for the Container Security Initiative program, 
     with associated financial and staffing plans, and how 
     International Cargo Screening efforts enhance CBP's 
     capability to prevent high risk, US-bound cargo from being 
     loaded abroad;
       4. The CBP financial plan for Automated Targeting Systems 
     (ATS), to include a status report on implementation of 
     recommendations contained in OIG-10-34 regarding commercial 
     cargo targeting;
       5. The status of fiscal year 2011 National Targeting Center 
     (NTC) initiatives, to include a counterterrorism response 
     team, and integrating drug trafficking organization trends 
     into the work of the NTC;
       6. Violence experienced by CBP personnel in connection with 
     border enforcement efforts, and strategies and tactics used, 
     in cooperation with Mexican and local community partners, to 
     include sharing of forensic and other information, as well as 
     coordination of operations;
       7. The status of planning and funding of tactical 
     communications investments for interoperability on the U.S. 
     borders and remote areas where CBP has limited communications 
     capability;
       8. The status of efforts to assist the Mexican government 
     procure and deploy license plate readers (LPR), and sharing 
     of LPR data with Mexico;
       9. How additional CBP officers funded in this bill and 
     assigned to air ports of entry will help reduce airport wait 
     times, including at model port of entry airports;
       10. The status of solutions for tracking and managing in-
     bond shipments; and 11. How CBP is implementing the 
     transition to a reduced presence at U.S. Postal Service 
     facilities, and the impact of such reductions on CBP 
     targeting and inspection of mail, and on CBP treatment of 
     express courier and air cargo operators.
       CBP is directed to submit a strategic plan for its non-
     intrusive inspection investment and deployment strategy in 
     conjunction with its fiscal year 2012 budget submission, to 
     include a financial plan for each of fiscal years 2012-2017.
       CBP is directed, as part of its fiscal year 2012 budget 
     submission, to identify and itemize consolidated elements of 
     all its targeting and screening programs, by PPA; and to 
     identify funding devoted to enhance information sharing 
     between its ATS and the National Counterterrorism Center and 
     the Terrorist Screening Center, and to identify technological 
     or resource barriers to more expedient information exchange. 
     CBP shall submit its cyber security plan to the Committees in 
     conjunction with its fiscal year 2012 budget, including 
     associated funding and personnel resources devoted to 
     securing CBP systems and cyber infrastructure.
       CBP shall submit a report not later than 90 days after the 
     date of enactment of this Act on its five year staffing and 
     deployment plan for the Border Patrol, taking into account 
     the 1,000 additional agents funded in the fiscal year 2010 
     border supplemental appropriations Act.
       CBP is directed to review, in consultation with other 
     appropriate federal agencies, whether there would be benefits 
     from reopening previously operational land border crossings 
     located between the Presidio and Del Rio, Texas ports of 
     entry, and report its findings, to include costs, 
     alternatives, and recommendations, in conjunction with the 
     fiscal year 2012 budget submission.
       CBP is also directed to notify the Committees of plans for 
     a study of cruise ship passenger and crew screening, as 
     described in GAO report GAO-10-400, and report to the 
     Committees on its findings.
       CBP is directed to ensure that activities of its Textile 
     and Apparel Policies and Programs Office are maintained at 
     the level of prior years, and to submit a report with its 
     fiscal year 2012 budget on the execution of its five-year 
     textile transshipment enforcement strategic plan.
       CBP is directed to review how it collects and manages 
     information about individuals arrested and detained in 
     custody for less than 72 hours, the facilities used for 
     short-term custody, the duration of such custody by 
     processing disposition, and to develop a plan to report 
     statistics for agency management and Congressional oversight, 
     including possible inclusion in the DHS statistical yearbook. 
     The review should examine data quality, definitions, 
     development of practical data collection and reporting 
     systems, and emphasize using information collected under 
     existing authority and systems. CBP shall brief the 
     Committees not later than April 4, 2011, on the status of 
     this review and plan. In addition, CBP should report to the 
     Committees not later than April 4, 2011, on its policies and 
     practices related to conditions of custody facilities, and 
     how CBP monitors the duration and conditions of short-term 
     custody.
       CBP shall submit to the Committees the updated resource 
     optimization model required pursuant to section 403 of the 
     SAFE Port Act.
       CBP is directed to continue submitting monthly staffing and 
     hiring reports, and to brief the Committees on a quarterly 
     basis on its hiring progress.
       CBP shall report quarterly to the Committees on the results 
     of CBP quarterly reviews of obligations in carryover accounts 
     that should be deobligated through its validation and 
     verification process, pursuant to CBP Directive 1220-011C.
       CBP, in coordination with the DHS CFO, is directed to carry 
     out semiannual briefings on user fee revenue, and include in 
     those briefings steps to mitigate collection shortfalls.
       CBP shall provide semiannual briefings to the Committees, 
     beginning the third quarter of fiscal year 2011, on those sea 
     ports and airports for which passenger wait times have 
     exceeded sixty minutes, which shall include, for each port: 
     actual average and maximum wait times, numbers of passenger 
     arrivals, CBP Officer staffing, and plans to meet increased 
     workload at the ports of entry.
       CBP is advised to use, as appropriate, commercial flights 
     to voluntarily repatriate unaccompanied alien children to 
     their countries of origin.
       CBP is directed to fund activities associated with control 
     of invasive species, such as Carrizo cane from within the 
     Border Security Fencing, Infrastructure, and Technology 
     account.
       CBP should comply with direction in Senate Report 111-222 
     to work with the U.S. Department of Agriculture and the 
     Hawaii Department of Agriculture to ensure their respective 
     inspection and quarantine activities provide biosecurity 
     protection for the State of Hawaii; and to work with Hawaii 
     State officials to devise a plan for a joint inspection 
     facility.
       CBP is directed to work with tribal governments as they 
     seek to develop tribal identification cards.


                        AUTOMATION MODERNIZATION

       The bill includes $347,575,000 for Automation 
     Modernization. In the required expenditure plan, CBP should 
     continue to report on

[[Page 20569]]

     its progress in implementing the International Trade Data 
     System, including recruitment of participating government 
     agencies. CBP should continue its briefings on the status of 
     the Automated Commercial Environment on a semi-annual basis.


        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

       The bill includes $574,173,000 for Border Security Fencing, 
     Infrastructure and Technology (BSFIT), and makes $75,000,000 
     unavailable for obligation until the Commissioner submits an 
     expenditure plan, reviewed by GAO, not later than 90 days 
     after the date of enactment of this Act, which meets the 
     statutory conditions set forth under this heading in P.L. 
     111-83, and includes a detailed environmental mitigation plan 
     and report on mitigation efforts, as described in House 
     Report 111-298. The bill continues requirements for statutory 
     notifications to the Committees on Appropriations to be made 
     by the Commissioner.
       The Department shall continue to submit quarterly Secure 
     Border Initiative reports, as directed in Senate Report 111-
     222. Those reports shall continue to include updates on 
     Northern Border and tactical communication investments. CBP 
     shall brief the Committees semiannually on the status of 
     BSFIT programs and investments.
       The bill includes a new provision authorizing the transfer 
     of BSFIT funds for environmental planning and mitigation to 
     the Department of Interior, per interagency agreement, to 
     permit the Secretary of Interior to acquire land or interests 
     in land to mitigate or offset adverse environmental impacts 
     from construction, operation, and maintenance activities 
     related to border security. CBP is expected to continue its 
     coordinated effort with the Department of Interior and other 
     agencies with environmental responsibilities on the border as 
     well as with State and local government and subject matter 
     experts from the scientific and environmental communities.
       To the extent the fiscal year 2011 BSFIT expenditure plan 
     includes funding for additional pedestrian or vehicle 
     barriers, the plan shall contain analyses of alternatives as 
     described in House Report 111-157.
       CBP is directed to fund any activities associated with 
     control of invasive species and associated mitigation efforts 
     from within the BSFIT account.


 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

       The bill provides $511,751,000 for Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement, 
     including increases of $5,500,000 for equipment and supplies 
     needed to support two additional unmanned aircraft systems 
     funded in the fiscal year 2010 border supplemental 
     appropriations Act, and $3,000,000 to support system upgrades 
     for the Air and Marine Operations Center.


                 CONSTRUCTION AND FACILITIES MANAGEMENT

       The bill provides $282,740,000 for Construction and 
     Facilities Management, including $4,000,000 for equipping and 
     constructing the Advanced Training Center, and $3,000,000 for 
     additional forward operating bases. CBP is directed to brief 
     the Committees not later than February 16, 2011, with 
     proposed sites for these new bases and a timetable for their 
     completion. CBP is also directed to devote funding, if 
     available, to increase the number of housing units in remote 
     areas where there is a lack of private housing for Border 
     Patrol agents or CBP Officers. CBP is also directed to ensure 
     that the rescission required pursuant to Section 575 complies 
     with directions in Senate Report 111-222 regarding funding 
     for alteration projects, avoiding any impact on the plans to 
     replace the Oroville, Washington Border Patrol station, and 
     the submission of a revised rescission plan consistent with 
     this direction.

                U.S. Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

                     (Including Transfer of Funds)

       The bill includes $5,508,555,000 for U.S. Immigration and 
     Customs Enforcement (ICE) Salaries and Expenses. Within this 
     amount, the bill allocates $2,000,000,000 to finance ICE's 
     various efforts to identify undocumented individuals with 
     criminal records who are incarcerated or at-large, and to 
     remove those who are judged deportable in immigration court. 
     Of this amount, $259,825,000 is provided for continued 
     expansion of the Secure Communities program, which is 
     discussed in more detail below. The following table reflects 
     ICE funding by program, project, and activity:
Headquarters Management and Administration:
  Personnel Compensation and Benefits, Services and Other C$274,360,000
  Headquarters Managed Information Technology Investments...209,363,000
                                                       ________________
                                                       
Subtotal, Headquarters Management and Administration........483,723,000
Legal Proceedings...........................................221,666,000
Domestic Investigations...................................1,732,538,000
International Investigations:
  International Operations..................................113,689,000
  Visa Security Program......................................37,986,000
                                                       ________________
                                                       
Subtotal, International Investigations......................151,675,000
Intelligence.................................................76,107,000
Detention and Removal Operations:
  Custody Operations......................................1,791,168,000
  Fugitive Operations.......................................229,682,000
  Criminal Alien Program....................................192,539,000
  Alternatives to Detention..................................75,000,000
  Transportation and Removal Program........................294,632,000
                                                       ________________
                                                       
Subtotal, Detention and Removal Operations................2,583,021,000
Identification and Removal of Criminal Aliens...............259,825,000
  Total, ICE Salaries and Expenses.......................$5,508,555,000

                Identifying and Removing Criminal Aliens

       Each year, over 600,000 illegal aliens convicted of crimes 
     are released from law enforcement custody instead of facing 
     deportation, according to statistics provided by ICE. 
     Furthermore, a GAO study found that over 97 percent of 
     incarcerated criminal aliens have been arrested before--on 
     average eight times. When designing its immigration 
     enforcement efforts, ICE must maintain perspective on which 
     undocumented immigrants represent the most significant threat 
     to the nation's social and economic fabric. Given the 
     corrosive effect crime has on society, the most pragmatic 
     approach is for ICE to continue prioritizing the 
     identification of criminal aliens who are judged removable 
     from the country.
       In order to maximize its ability to locate criminal aliens, 
     ICE has initiated the Secure Communities program. Secure 
     Communities allows the review of criminal records and 
     immigration status of individuals who are booked into police 
     custody and to take appropriate action to remove those 
     convicted of the most dangerous crimes. The bill includes 
     $259,825,000 for the continued implementation of Secure 
     Communities, an additional $59,825,000 over the request. This 
     funding will allow ICE to sustain investments made to date 
     and strengthen ICE operational efficiency to prepare for the 
     growing volume of criminal aliens who will be removed from 
     the country as Secure Communities is fully deployed. Of this 
     additional amount, $30,625,000 shall be for investments in 
     ICE information technology systems; $1,100,000 shall be for 
     Law Enforcement Support Center personnel; $13,100,000 shall 
     be for additional removal costs associated with increased 
     criminal deportations; $10,000,000 shall be for the strategic 
     planning, financial management, and outreach efforts of the 
     Secure Communities Program Management Office; and $5,000,000 
     shall be for operational planning by staff within ICE 
     Detention and Removal Operations.
       As in past years, ICE is required to continue quarterly 
     reporting on the Secure Communities program and to submit 
     those reports within 45 days of the close of the quarter. In 
     particular, ICE must provide a better explanation of the 
     impact Secure Communities will have on ICE detention 
     facilities, the docket for the Executive Office of 
     Immigration Review, and the speed with which ICE is able to 
     remove criminal aliens from the country once they are judged 
     deportable. The agency should report on how the detention of 
     additional criminals will affect ICE's detention policies and 
     standards, the impact such changes will have on non-criminals 
     detained by ICE, and any changes ICE predicts in detention 
     throughput as a result of a larger criminal population in 
     custody.
       ICE must also ensure the appropriate oversight and 
     management of the Secure Communities program. In particular, 
     ICE should develop a robust public complaint review process 
     so that the agency can ensure the program is successful at 
     identifying and removing truly dangerous criminal aliens. It 
     is not the intent or purpose of this program to target 
     certain populations simply to determine immigration status. 
     ICE should update more regularly information provided to the 
     public about the success of the Secure Communities program, 
     including statistics on the number of criminal aliens 
     identified, prosecuted and removed, by crime type and 
     location, both to improve the transparency of ICE operations 
     but also to clarify the program's focus, intent and purpose.

             ICE Support to State and Local Law Enforcement

       The bill includes $117,668,000 for ICE State and Local 
     programs, as requested. Within this total, $68,321,000 is for 
     the 287(g) program; $14,357,000 is for the Forensics Document 
     Laboratory, which supports all ICE investigatory programs and 
     offers specialized assistance to State and local law 
     enforcement agencies; and $34,990,000 is for the Law 
     Enforcement Support Center.
       The 287(g) program is a voluntary program that allows ICE 
     to train local law enforcement agents to enforce Federal 
     immigration laws. After training, local law enforcement 
     personnel can determine an individual's immigration status 
     and file requests to ICE for the removal of individuals they 
     believe are illegal immigrants. Pursuant to its internal 
     policies, ICE is supposed to provide robust oversight of the 
     local officers enrolled in the

[[Page 20570]]

     287(g) program to ensure participants comply with all 
     applicable Federal law enforcement policies and procedures. A 
     recent IG review of the 287(g) program noted a number of 
     shortcomings in ICE's 287(g) training and program oversight. 
     The IG made 33 recommendations for ICE to improve the 
     program. To maintain the integrity of the 287(g) program, ICE 
     is to implement the IG recommendations as expeditiously as 
     possible, and is to be commended for having already started 
     this process. This includes appropriate accountability and 
     training standards and instruction on multicultural 
     communication and the avoidance of racial profiling.
       The Secure Communities program also requires careful 
     oversight and monitoring, but the approach has several 
     advantages to 287(g): it requires minimal training by ICE for 
     local employees, it is integrated into existing booking 
     procedures at prisons and jails, and it imposes no additional 
     workload on local employees. Further, Secure Communities 
     reduces the risk of potentially bias-driven status checks by 
     local officials since the backgrounds of all individuals in 
     local custody are checked in an identical manner. Most 
     importantly, Secure Communities also clearly delineates the 
     respective roles of Federal and local authorities in 
     immigration enforcement. In light of these advantages, ICE is 
     to be commended for its efforts expanding the Secure 
     Communities program.

                           ICE Investigations

       The bill provides $1,732,538,000 for ICE domestic 
     investigations, which includes increases above the budget 
     request of $3,500,000 for investigations of intellectual 
     property rights violations and $2,000,000 for ICE efforts to 
     combat criminal gang conspiracies. The bill provides 
     $151,675,000 for ICE international investigations, an 
     increase of $7,300,000 above the request to expand the Visa 
     Security Program to three additional locations. Of the total 
     budget for ICE investigations, the bill specifies no less 
     than $250,000,000 be allocated to efforts focused along the 
     Southwest border. An additional $80,000,000 in supplemental 
     appropriations was provided to ICE for investigations in the 
     Southwest border region. Given the extreme and on-going 
     violence in and around the Mexican city of Juarez, ICE is 
     directed to continue to build its programs that investigate 
     border violence and organized crime in the El Paso-Juarez 
     corridor. ICE is directed to brief the Committees no later 
     than February 16, 2011, on its efforts to establish or 
     enhance a centralized Southwest border operations command to 
     coordinate the various ICE roles played in cross-border 
     issues.

                            ICE Intelligence

       The bill provides $76,107,000 for ICE intelligence 
     programs, an increase of $5,000,000 above the budget request. 
     Additional funds shall be used to expand the Operation Angel 
     Watch program, which helps ICE identify travel patterns of 
     convicted sex offenders who may attempt to exploit children 
     in foreign countries. As required in the Senate report, ICE 
     is directed to provide an updated intelligence staffing 
     briefing no later than 60 days after the date of enactment of 
     this Act.

                       Alternatives to Detention

       The bill provides $75,000,000 for ICE Alternatives to 
     Detention programs, $2,925,000 more than requested. ICE is 
     directed to continue to implement the program nationwide. The 
     Fiscal Year 2010 DHS Appropriations Act required ICE to 
     report on the cost and schedule for nationwide deployment, 
     but the agency submitted an analysis that, while meeting the 
     letter of the law, did not include any realistic framework 
     for achieving a national program. As a result, the bill 
     includes a revised statutory provision requiring ICE to 
     resubmit a fuller analysis of nationwide deployment of 
     Alternatives to Detention, and encourages the agency to work 
     with the Committees to ensure that all necessary information 
     is included in the submitted report.

                 Detention Standards and Detainee Care

       ICE is to be commended for its efforts to improve the 
     oversight of conditions and practices at immigration 
     detention facilities; however, many facilities still do not 
     comply with existing detention standards. In addition, ICE 
     has made little observable progress implementing detention 
     center reforms recommended in a comprehensive analysis titled 
     Immigration Detention Overview and Recommendations and 
     submitted to the agency in October, 2009. The budget request 
     did not include any additional funds for implementing 
     recommendations in the report. A recently-completed 
     assessment of ICE medical services was also unaddressed in 
     the budget request. The Committees strongly encourage ICE to 
     continue implementing improvements to its detention 
     standards, and to request adequate funds in the fiscal year 
     2012 budget to implement recommendations made in various 
     audits of its operations. As in past years, the Committee 
     continues the requirement for the Department to notify the 
     Congress and the DHS IG within 48 hours of any death that 
     occurs in ICE custody.

                   Textile Transshipment Enforcement

       Section 352 of the Trade Act of 2002 authorizes funding for 
     Customs Service textile transshipment enforcement, and 
     specifies how the funds must be spent. The bill includes 
     $4,750,000, as authorized, to continue these activities. ICE 
     is directed to report on these enforcement activities with 
     its fiscal year 2012 budget request on its actual and 
     projected obligations of this funding, covering fiscal years 
     2005 to 2011. The report should include staffing levels by 
     fiscal year since 2005, and a five-year enforcement plan for 
     transshipment violations.

             ICE Headquarters Management and Administration

       The bill provides $483,723,000 for ICE Headquarters and 
     Administration. This amount includes $10,400,000 for data 
     center consolidation, $5,000,000 for additional workforce 
     integrity activities, and $40,000,000 for ICE field office 
     collocation.

    Security for the Assistant Secretary of Immigration and Customs 
                              Enforcement

       Like other senior Federal law enforcement officials, the 
     Assistant Secretary for ICE could be targeted by the criminal 
     organizations that are under ICE investigation. Although 
     there is no current evidence of specific threats against the 
     Assistant Secretary for ICE, the Committees have no objection 
     to on-going security evaluations and the provision of any 
     protective security measures determined necessary.


                        AUTOMATION MODERNIZATION

       The bill provides $84,700,000 for ICE automation 
     modernization. Up to $30,600,000 may be transferred to this 
     account from ``Salaries and Expenses'' to pay for information 
     technology investments related to the identification and 
     removal of aliens convicted of a crime and judged deportable.
       ICE must make more progress implementing its electronic 
     health records (eHR) program. Given that ICE detainees are 
     often transferred between several detention facilities before 
     their immigration cases are decided, portable medical records 
     are an important part of ensuring the health of all those 
     held in the agency's custody. The ICE Chief Information 
     Officer is directed to update the Committees on the status of 
     the eHR initiative and the anticipated timeline for a fully-
     implemented system.

                 TRANSPORTATION SECURITY ADMINISTRATION


                           AVIATION SECURITY

       The bill provides $5,452,037,000 for Aviation Security. In 
     addition to the amounts appropriated, a mandatory 
     appropriation totaling $250,000,000 is available through the 
     Aviation Security Capital Fund. Statutory language reflects 
     the collection of $2,100,000,000 from aviation user fees, as 
     authorized. The following table specifies funding by budget 
     activity:
Screening Operations:
                                                    Screener Workforce:
    Privatized screening...................................$142,678,000
    Screener personnel, compensation, and benefits........2,953,971,000
                                                       ________________
                                                       
  Subtotal, screener workforce............................3,096,649,000
  Screener training and other:..............................263,000,000
  Checkpoint support:.......................................360,026,000
                                                       EDS/ETD Systems:
    EDS procurement and installation........................320,000,000
    Screening technology maintenance and utilities..........323,325,000
                                                       ________________
                                                       
  Subtotal, EDS/ETD systems.................................643,325,000
Subtotal, Screening Operations............................4,363,000,000
Aviation Security Direction and Enforcement:
    Aviation regulation and other enforcement...............368,363,000
    Airport management and support .........................574,926,000
    Federal flight deck officer and flight crew training.....25,694,000
    Air cargo...............................................120,054,000
                                                       ________________
                                                       
Subtotal, Aviation Security Direction and Enforcement.....1,089,037,000
Total, Aviation Security.................................$5,452,037,000

                          Privatized Screening

       The bill provides $142,678,000 for Privatized Screening. 
     The Transportation Security Administration (TSA) shall brief 
     the Committees on Appropriations on the re-evaluation of the 
     screening partnership program when it is concluded.

             Screener Personnel, Compensation, and Benefits

       The bill provides $2,953,971,000 for Screener Personnel, 
     Compensation, and Benefits. Within this total, $191,369,000 
     is approved for the 5,355 positions requested for new 
     advanced imaging technology (AIT) screeners, realigned from 
     the budget proposal to reflect delays in AIT systems 
     deployment. No funding has been provided for new behavior 
     detection officers (BDO). TSA is directed to focus on 
     completing internal changes to the BDO program and address 
     GAO recommendations contained in GAO-10-763. This should 
     include, but not be limited to, a cost-benefit analysis of 
     the BDO program and a risk assessment of deployment options, 
     including

[[Page 20571]]

     the risk if BDOs are not deployed. TSA shall brief the 
     Committees no later than 60 days after the date of enactment 
     of this Act on its progress.
       Since fiscal year 2007, the Homeland Security 
     Appropriations Act has carried a statutory requirement that 
     high ranking legislative and executive branch officials shall 
     not be exempt from Federal passenger and baggage screening. 
     For Federal officials traveling with an approved federal law 
     enforcement security detail, TSA follows a specialized 
     screening protocol, which includes identity verification, but 
     not physical screening. Not later than 45 days after the date 
     of enactment of this Act, TSA shall report on the options 
     available to physically screen these individuals.

                           Checkpoint Support

       The bill provides $360,026,000 for Checkpoint Support, 
     including full funding for 503 additional AITs as requested. 
     TSA shall work closely with local airport authorities to 
     ensure that all space and facility requirements and 
     constraints have been taken into consideration before AIT 
     units are deployed. Within the funding provided for 
     checkpoint support, up to $65,473,000 is available, as 
     requested, for terminal modifications if it is determined 
     that no other designs to accommodate the installation of AIT 
     equipment are possible. In addition, TSA is developing 
     automated target recognition (ATR) capability to be deployed 
     with its 2011 AIT procurements, potentially eliminating the 
     need for a remote viewing room. The Committees are concerned 
     that the reliability of the ATR technology has not yet been 
     tested in the field even though the request included 
     significant funding for its deployment. Therefore, TSA only 
     should deploy ATR technology when operational field tests 
     demonstrate that it provides a level of security equal to or 
     greater than current AIT screening procedures.
       TSA shall regularly brief the Committees on the development 
     of AIT, including information on AIT procurement costs, the 
     schedule to deploy and staff the AIT units, ATR development 
     and associated funding requirements, facility modification 
     costs, details on the latest detection capabilities and 
     limitations, and ongoing efforts to improve the technology.
       TSA is preparing to acquire automated wait time collection 
     technology, which will permit the collection and display of 
     real time data for the traveling public at all large airports 
     and a limited number of smaller ones. To address concerns 
     with increased wait times related to the deployment of 
     advanced technology at screening checkpoints and to ensure 
     that the agency maximizes its utilization of screening 
     resources, TSA shall measure and report to the Committees 
     beginning with the third quarter, and quarterly thereafter, 
     passenger screening wait times during periods of peak 
     passenger traffic at all airports collecting automated data. 
     The report is to be provided within 45 days of the end of the 
     quarter.
       As discussed in the Senate report, TSA is encouraged to 
     ensure high risk airports have working security cameras in 
     place at checkpoints and secure exits and is directed to 
     report on recommendations to improve airport security at 
     locations where passengers exit the sterile area of an 
     airport.

                      Explosives Detection Systems

       A total of $570,000,000 is available for Explosives 
     Detection Systems (EDS) procurement and installation. Within 
     this total, the bill provides $320,000,000 in discretionary 
     funding. An additional $250,000,000 in mandatory funding is 
     available from the Aviation Security Capital Fund. Not less 
     than 9 percent of the funds provided shall be available for 
     the purchase and installation of certified EDS at medium- and 
     small-sized airports. Consistent with fiscal year 2010, TSA 
     shall include as part of the fiscal year 2012 budget request 
     a report on savings achieved and anticipated (by fiscal year) 
     from the installation of new optimal in-line systems. TSA is 
     encouraged to use funds for dedicated pre-engineered 
     structures related to optimal screening solutions for EDS 
     installations.
       Consistent with prior years, TSA shall submit an EDS, 
     checkpoint, and air cargo expenditure plan 60 days after the 
     date of enactment of this Act. As part of the fiscal year 
     2011 EDS plan, TSA should identify those airports that 
     incurred eligible costs for EDS without being reimbursed and 
     any funding in the plan that may be allocated to them. TSA is 
     encouraged to establish a reimbursement program as authorized 
     by the 9/11 Act. While TSA is no longer required to submit 
     updates to the EDS and checkpoint reports quarterly, the 
     agency shall provide quarterly briefings to the Committees, 
     highlighting any deviations from the plan. These briefings 
     shall also include updates on TSA's competitive process for 
     all three classes of EDS machines, results from certification 
     and operational testing, and efforts to avoid acquisition 
     delays.

               Aviation Regulation and Other Enforcement

       As discussed in Senate Report 111-222, TSA is to brief the 
     Committees on its progress in implementing the new 
     international program initiatives funded in this Act, no 
     later than 90 days after the date of its enactment.

                               Air Cargo

       The bill provides $120,054,000 for Air Cargo including 
     $2,500,000 for a pilot screening program of international 
     inbound cargo using CBP's automated targeting system. TSA 
     shall continue its regular briefings on compliance with the 
     100-percent air cargo screening mandate, with a specific 
     emphasis on international air cargo. In addition, TSA shall 
     update the Committees regularly on efforts to enhance cargo 
     screening on all-cargo aircraft following the recent bombing 
     attempts. Finally, TSA is to comply with the recommendations 
     contained in OIG-10-119, related to air cargo screening and 
     shall brief the Committees on the execution of these 
     recommendations no later than 120 days after the date of 
     enactment of this Act.

                           Perimeter Security

       TSA shall report to the Committees no later than 90 days 
     after the date of enactment of this Act on actions TSA has 
     taken to secure commercial airport perimeters as discussed in 
     Senate Report 111-222.


                    SURFACE TRANSPORTATION SECURITY

       The bill provides $137,558,000 for Surface Transportation 
     Security. Within this total, $39,947,000 is for surface 
     transportation staffing and operations and $97,611,000 is for 
     surface transportation security inspectors and canines. TSA 
     shall report to the Committees on Appropriations; the House 
     Homeland Security Committee; and the Senate Commerce, 
     Science, and Transportation Committee on the feasibility and 
     merits of establishing a Deputy Assistant Secretary for 
     Surface Transportation to lead the security programs and 
     personnel for non-aviation transportation security no later 
     than 270 days after the date of enactment of this Act.


           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

       The bill provides a direct appropriation of $159,124,000 
     for Transportation Threat Assessment and Credentialing, of 
     which $84,637,000 is provided for Secure Flight and 
     $74,487,000 is for crew and other vetting programs. Of the 
     total provided for crew and other vetting, $43,200,000 is for 
     infrastructure modernization. This funding, coupled with 
     carryover balances, will provide a total funding of 
     $69,500,000 for infrastructure modernization for fiscal year 
     2011, the amount TSA indicates is needed to keep this effort 
     on track. TSA is to brief the Committees quarterly on the 
     development of this system.
       Not later than 90 days after the date of enactment of this 
     Act, TSA shall report on performance of the Secure Flight 
     name matching system since becoming operational, including 
     effectiveness of the system in accurately identifying 
     passengers on the terrorist watch list while reducing number 
     of passengers misidentified; a description of how the 
     assessment was conducted; and how TSA has used the results to 
     determine if Secure Flight should be modified to pre-clear 
     misidentified passengers. TSA is also to report on its 
     efforts to address security concerns associated with 
     fraudulent documentation by December 31, 2010.


                    TRANSPORTATION SECURITY SUPPORT

       The bill provides $1,039,777,000 for Transportation 
     Security Support as follows:
Headquarters administration................................$267,866,000
Information technology......................................479,284,000
Human capital services......................................254,839,000
Intelligence.................................................37,788,000
                                                       ________________
                                                       
  Subtotal, Transportation Security Support..............$1,039,777,000

       TSA shall continue semiannual briefings on covert testing 
     activities, including trends on operational errors and 
     equipment failures. As discussed in Senate Report 111-222, 
     TSA shall brief the Committees as part of the fiscal year 
     2012 budget request, on its compliance with recommendations 
     contained in OIG-10-72 on contractor usage and oversight. 
     This briefing is to include a discussion of TSA's review of 
     inherently governmental functions and efforts to strengthen 
     contracting officer's technical representatives training. 
     Finally, TSA should issue reports on risk-based decision 
     making, as detailed in the Senate Report, to be delivered 
     with the fiscal year 2012 budget request.


                          FEDERAL AIR MARSHALS

       The bill provides $945,015,000 for the Federal Air Marshals 
     (FAMs), including $820,200,000 for management and 
     administration and $124,815,000 for travel and training. TSA 
     shall continue to provide quarterly reports on FAMs mission 
     coverage, staffing levels, and hiring rates as directed in 
     previous appropriations Acts, and immediately submit the 
     overdue assessment of long-term FAMs staffing levels and 
     include as part of this report a detailed rationale on the 
     need to continue enhanced flight coverage at the same levels 
     as immediately after the December 25, 2009, incident.

                              Coast Guard


                           operating expenses

       The bill includes $6,951,973,000 for Coast Guard Operating 
     Expenses. The funds shall be allocated as follows:
Military pay and allowances:
  Military pay and allowances............................$2,792,210,000
  Military health care......................................415,507,000
  Permanent change of station...............................170,763,000
                                                       ________________
                                                       
Subtotal, Military pay and allowances.....................3,378,480,000

[[Page 20572]]

Civilian pay and benefits...................................757,303,000
Training and recruiting:
  Training and education....................................101,535,000
  Recruitment...............................................100,558,000
                                                       ________________
                                                       
Subtotal, Training and recruiting...........................202,093,000
Operating funds and unit level maintenance:
  Atlantic Command..........................................177,835,000
  Pacific Command...........................................198,090,000
  1st District...............................................60,610,000
  5th District...............................................21,901,000
  7th District...............................................80,499,000
  8th District...............................................48,269,000
  9th District...............................................31,483,000
  11th District..............................................17,749,000
  13th District..............................................22,824,000
  14th District..............................................19,109,000
  17th District..............................................29,647,000
  Headquarters directorates.................................248,324,000
  Headquarters managed units................................155,532,000
  Other activities..............................................871,000
                                                       ________________
                                                       
Subtotal, Operating funds and unit level maintenance......1,112,743,000
Centrally managed accounts..................................346,787,000
Intermediate and depot level maintenance:
  Aeronautical..............................................329,860,000
  Electronic................................................164,678,000
  Civil/ocean engineering and shore facilities..............180,890,000
  Vessel....................................................212,349,000
                                                       ________________
                                                       
Subtotal, Intermediate and depot level maintenance..........887,777,000
Overseas Contingency Operations (emergency appropriations)..254,000,000
Marine safety and response personnel.........................12,790,000
                                                       ________________
                                                       
Total, Operating Expenses................................$6,951,973,000

       The Commandant shall develop and share with the Committees 
     a new workforce action plan that outlines the following: 
     projected staffing levels, both military and civilian, needed 
     to carry out all Coast Guard missions, as well as to bring 
     ``in house'' government responsibilities being executed by 
     contractors; gaps between those levels and current staffing, 
     organizational structure and funding; a plan for addressing 
     those gaps, including specific strategies for hard-to-fill 
     positions; and an outline of any additional authorities and 
     resources necessary to address the aforementioned 
     requirements.
       The bill includes $12,790,000 for additional inspectors, 
     investigators, engineers and incident management personnel 
     for marine safety and response activities. The Coast Guard 
     shall provide an expenditure plan for these funds no later 
     than February 16, 2011.
       The Coast Guard shall brief the Committees by February 16, 
     2011, on the Coast Guard's near-term and long-term plans for 
     operations in Iraq, including details on efforts to train 
     Iraqi personnel to assume maritime security responsibilities.
       Funds are restored for four of the five Maritime Safety and 
     Security Teams (MSST) that were to be decommissioned under 
     the request. The Coast Guard shall conduct a comprehensive 
     analysis of the MSST program as outlined in OIG-10-89 and 
     brief the Committees on it no later than 120 days after the 
     date of enactment of this Act. The Coast Guard shall continue 
     operations of two of the four High Endurance Cutters that 
     were to be decommissioned under the request, as outlined in 
     Senate Report 111-222. The Coast Guard shall comply with the 
     reporting requirements in Senate Report 111-222 on the 
     decommissioning of the National Strike Force Coordinating 
     Center if it chooses to proceed with its decommissioning. 
     Sufficient industrial work shall be assigned to the Coast 
     Guard Yard.


                environmental compliance and restoration

       The bill provides $13,329,000 for Environmental Compliance 
     and Restoration.


                            reserve training

       The bill provides $135,675,000 for Reserve Training.


              acquisition, construction, and improvements

       The bill includes $1,518,613,000 for Acquisition, 
     Construction, and Improvements. Funding is provided as 
     follows:
Vessels and Critical Infrastructure:
Response boat-medium........................................$52,000,000
  140-foot icebreaker fleet refurbishment....................21,200,000
                                                       ________________
                                                       
Subtotal, Vessels and Critical Infrastructure................73,200,000
Other Equipment:
  National distress and response system modernization (Rescue36,000,000
                                                       ________________
                                                       
Subtotal, Other Equipment....................................36,000,000
Personnel and Related Support:
  Core acquisition costs........................................510,000
  Direct personnel costs....................................107,051,000
                                                       ________________
                                                       
Subtotal, Personnel and Related Support.....................107,561,000
Integrated Deepwater Systems:
Aircraft:
  Maritime patrol aircraft...................................40,000,000
  HH-60 conversions..........................................32,000,000
  HC-130H conversion/sustainment.............................25,000,000
  HC-130J fleet introduction..................................4,000,000
  Unmanned Aircraft Systems...................................2,000,000
                                                       ________________
                                                       
Subtotal, Aircraft..........................................103,000,000
Surface Ships:.........................................................
  National Security Cutter..................................615,002,000
  Offshore Patrol Cutter.....................................45,000,000
  Fast Response Cutter......................................240,000,000
  IDS small boats.............................................3,000,000
  Medium Endurance Cutter sustainment........................30,000,000
                                                       ________________
                                                       
Subtotal, Surface Ships.....................................933,002,000
Technology Obsolescence Prevention............................1,000,000
C4ISR........................................................30,500,000
Logistics....................................................50,000,000
Systems engineering and integration..........................29,000,000
Government program management................................45,000,000
Subtotal, Integrated Deepwater Systems....................1,191,502,000
Shore Facilities and Aids to Navigation:                    108,350,000
Military Housing..............................................2,000,000
                                                       ________________
                                                       
Total, Acquisition, Construction, and Improvements........1,518,613,000
       Of the $615,002,000 provided for the National Security 
     Cutter, $77,000,000 is for long-lead time materials for NSC 
     #6 and the remainder is for production of NSC #5. Sufficient 
     funding is provided to award long lead-time materials and 
     production contracts for NSC #5, as post-production costs for 
     NSC #4 and NSC #5 are not estimated to be required until 
     fiscal year 2015. Delaying NSC #5 until post-production costs 
     are available will postpone delivery by at least one year, 
     result in increased project costs, and further exacerbate 
     challenges associated with decreased availability and 
     increased maintenance costs of the High Endurance Cutter 
     fleet.
       The Commandant shall continue to provide quarterly 
     acquisition and mission emphasis reports consistent with 
     deadlines articulated under section 360 of division I of P.L. 
     108-7. The Coast Guard shall continue submitting these 
     reports as outlined in Senate Report 111-222, and providing 
     quarterly briefings to the Committees on the status of all 
     major acquisitions.
       The Coast Guard shall consider phasing out the Deepwater 
     construct in favor of a less differentiated public accounting 
     for all of the Coast Guard's acquisition programs. The Coast 
     Guard shall report to the Committees within 30 days after the 
     date of enactment of this Act on what would be needed to 
     effect such a change and what its impact would be. Should the 
     Coast Guard choose to phase out the Deepwater construct, all 
     budget materials should include crosswalks to the current PPA 
     structure to ensure transparency.
       The Department shall make note in its fiscal year 2012 
     budget submission of how coordinated acquisition efforts 
     between the Coast Guard and CBP are being carried out to 
     ensure interoperability and realize reduced acquisition and 
     support costs.
       The Coast Guard shall continue quarterly briefings on the 
     status of the Rescue 21 program, including any changes to the 
     schedule outlined in the request. It is expected that the 
     Coast Guard will stay on top of the program's need for 
     technology refreshment, and that funding for deployment of 
     Rescue 21 to the Western Rivers will be included in the Coast 
     Guard's fiscal year 2012 budget request.


                         ALTERATION OF BRIDGES

       The bill provides $4,000,000 for Alteration of Bridges.


              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

       The bill includes $32,534,000 for Research, Development, 
     Test, and Evaluation (RDT&E). Within this funding, $8,000,000 
     is for a ship-based unmanned aircraft system advanced concept 
     technology demonstration and $4,500,000 is for research 
     specifically to improve the Coast Guard's capability to 
     address oil spills from the full range of wellheads, drilling 
     platforms, and vessels in operation. The Administration's 
     budget materials for fiscal year 2012 shall include and 
     justify a unified and coordinated Federal approach for oil 
     spill research that includes the Department of the Interior, 
     the Department of Energy, the National Oceanographic and 
     Atmospheric Administration, and the Coast Guard.
       The Coast Guard shall produce a report that details the 
     RDT&E program's progress against the goals outlined in the 
     fiscal year 2010 request, and what the plan is for conducting 
     fiscal year 2011 research activities within the level 
     appropriated. The report is to include information on how the 
     research plan has evolved since the submission of the fiscal 
     year 2011 budget request, and reflect the program's response 
     to Congressional direction. This report is due no later than

[[Page 20573]]

     three months after the date of enactment of this Act.


                              RETIRED PAY

       The bill provides $1,400,700,000 for Retired Pay.

                      United States Secret Service


                         SALARIES AND EXPENSES

       The bill provides $1,574,642,000 for Secret Service 
     Salaries and Expenses. This amount includes $7,000,000 for 
     the cost to implement a new Secret Service Uniformed Division 
     pay system and $69,960,000 for recapitalization costs for 
     Secret Service information technology equipment. Within the 
     explanatory charts showing funding levels for the Secret 
     Service there is a new program line for Information 
     Integration and Technology Transformation programs. This 
     discrete funding display was developed in order to increase 
     transparency for the investments necessary to modernize the 
     Secret Service information technology systems and to prevent 
     reallocation of these resources without advance Congressional 
     notification.
       The bill also provides $61,158,000 for the Electronic 
     Crimes Task Force program, including $4,000,000 for the 
     Secret Service to continue its training program for State and 
     local law enforcement at the National Computer Forensics 
     Institute (NCFI). The Secret Service is to continue to 
     administer NCFI in the same manner as fiscal year 2010. An 
     additional $4,000,000 is provided for domestic investigations 
     as discussed in Senate Report 111-222.
       The following table reflects Secret Service funding by 
     program, project, and activity:
Headquarters Management and Administration.................$201,216,000
Information Integration and Technology Transformation........69,960,000
Protection:
  Protection of persons and facilities......................773,042,000
  Protective intelligence activities.........................68,914,000
  Presidential candidate nominee protection..................17,867,000
  National Special Security Event fund........................1,000,000
  White House mail screening.................................25,315,000
                                                       ________________
                                                       
Subtotal, Protection........................................886,138,000
Investigations:
  Domestic field operations.................................261,412,000
  International field office administration, operations, and 31,171,000
  Electronic Crimes Special Agent Program and Electronic Crimes Task 
    Forces...................................................61,158,000
  Support for missing and exploited children..................8,366,000
                                                       ________________
                                                       
Subtotal, Investigations....................................362,107,000
Rowley training center.......................................55,221,000
                                                       ________________
                                                       
Total, Salaries and Expenses.............................$1,574,642,000

                          Financial Management

       Secret Service spending on campaign-related protection must 
     be subject to adequate financial controls. On April 27, 2010, 
     the GAO informed the Committees that at the end of the 2008 
     campaign, the Secret Service violated the Antideficiency Act 
     by spending more than had been appropriated for the security 
     of the 2009 presidential inauguration. This follows a similar 
     breakdown in Secret Service financial controls at the end of 
     the 2004 presidential campaign, which was also noted by the 
     Committees in previous appropriations reports.
       As required by law, the Secret Service ``shall report 
     immediately to the President and Congress all relevant facts 
     and a statement of actions taken'' to rectify the violation 
     of the Antideficiency Act. At this point, the Secret Service 
     has not complied with this requirement. Furthermore, since 
     this is not the first case of a significant failure to manage 
     protective costs accurately, the Secret Service, in 
     consultation with the DHS Chief Financial Officer (CFO), is 
     directed to file the appropriate notifications of an 
     Antideficiency Act violation and to submit a strategic plan 
     for implementing strict financial controls for all 2012 
     campaign costs, including a schedule of monthly deadlines and 
     deliverables required to rectify this problem fully. The 
     Secret Service and the DHS CFO are also directed to provide 
     regular updates on the implementation of such plan to ensure 
     this situation does not recur.


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       The bill includes $3,975,000 for Acquisition, Construction, 
     Improvements, and Related Expenses.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate


                     MANAGEMENT AND ADMINISTRATION

       The bill provides $45,387,000 for Management and 
     Administration of the National Protection and Programs 
     Directorate (NPPD). Within this amount, $2,000,000 is for 
     NPPD data center consolidation. Funding for administrative 
     activities is reduced by $750,000 due to a high level of 
     position vacancies.

                      Risk Management and Analysis

       Within the total, $9,790,000 is provided for NPPD's risk 
     management and analysis (RMA) function. A recent study of RMA 
     by the National Academy of Sciences (NAS) highlights 
     shortcomings in the program. Notably, because the validity 
     and reliability of DHS risk models are untested, NAS finds 
     that the Department's risk analysis capabilities and methods 
     are inadequate to support DHS decision making. The NPPD 
     Office of the Under Secretary is directed to brief the 
     Committees within 30 days after the date of enactment of this 
     Act on how RMA can be managed in a way that generates 
     demonstrable benefits to DHS--whether through reforms to 
     ensure the organization achieves its full potential as a 
     Department-wide risk analysis capability or through 
     reorganization or dissolution of the office in recognition of 
     distributed risk modeling across DHS agencies.


           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

       The bill provides $874,923,000 for Infrastructure 
     Protection and Information Security (IPIS). Funding shall be 
     allocated as follows:
Infrastructure Protection:
  Identification and Analysis...............................$88,595,000
  Coordination and Information Sharing.......................48,715,000
  Mitigation Programs.......................................198,426,000
                                                       ________________
                                                       
Subtotal, Infrastructure Protection.........................335,736,000
National Cyber Security Division (NCSD):
  Cyber Security Protection and Response:..............................
    US Computer Emergency Response Team (US-CERT)............80,406,000
    Network Security Deployment.............................175,425,000
    Federal Network Security.................................29,245,000
                                                       ________________
                                                       
  Subtotal, Cyber Security Protection and Response..........285,076,000
  Cyber Security Standards, Workforce Development, and Awaren76,017,000
  Cyber Security Coordination.................................7,500,000
  Cyber Security Management and Administration...............17,086,000
                                                       ________________
                                                       
Subtotal, National Cyber Security Division..................385,679,000
Office of Emergency Communications...........................45,339,000
National Security/Emergency Preparedness Telecommunications:
  Priority Telecommunications Services.......................57,413,000
  Next Generation Networks...................................22,364,000
  Programs to Study and Enhance Telecommunications...........14,079,000
  Critical Infrastructure Protection Programs................14,313,000
                                                       ________________
                                                       
Subtotal, National Security/Emergency Preparedness Telecommu108,169,000
Total, Infrastructure Protection and Information Security..$874,923,000
       At the request of NPPD, this new budget display for fiscal 
     year 2011 reflects more appropriate groupings for NPPD 
     programs, projects and activities (PPAs). However, this new 
     budget allocation structure makes historical comparisons to 
     previous appropriations Acts extraordinarily difficult. As a 
     result, the following table reflects the historical 
     appropriations comparisons for each new PPA. NPPD is directed 
     to submit its fiscal year 2012 budget in the exact format and 
     structure as enacted for fiscal year 2011.

----------------------------------------------------------------------------------------------------------------
                                                      FY 2008         FY 2009         FY 2010         FY 2011
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
    Identification and Analysis.................     $76,245,000     $87,326,000     $90,610,000     $88,595,000
    Coordination and Information Sharing........      62,098,000      55,644,000      59,582,000      48,715,000
    Mitigation Programs.........................     134,253,000     170,830,000     197,111,000     198,426,000
National Cyber Security Division
    US-CERT.....................................      46,962,000      66,015,000      83,305,000      80,406,000
    Network Security Deployment.................      57,826,000     154,467,000     192,135,000     175,425,000

[[Page 20574]]

 
    Federal Network Security....................       9,324,000      14,959,000      19,541,000      29,245,000
    Cyber Security Standards, Workforce               46,566,000      64,346,000      79,571,000      76,017,000
     Development, and Awareness.................
    Cyber Security Coordination.................                                       5,000,000       7,500,000
    Cyber Security Management and Administration      49,985,000      13,971,000      18,466,000      17,086,000
Office of Emergency Communications..............      35,700,000      38,299,000      44,754,000      45,339,000
Nat'l Security/ Emerg. Preparedness Telecom
    Priority Telecom. Services..................      79,699,000      59,834,000      57,831,000      57,413,000
    Next Generation Networks....................      20,599,000      49,277,000      25,863,000      22,364,000
    Programs to Study and Enhance Telecom.......      15,695,000      14,869,000      14,523,000      14,079,000
    Critical Infrastructure Protection Programs.      15,946,000      11,112,000      11,124,000      14,313,000
    NCCC........................................       3,832,000       5,963,000  ..............  ..............
Total, Infrastructure Protection and Information    $654,730,000    $806,912,000    $899,416,000    $874,923,000
 Security.......................................
----------------------------------------------------------------------------------------------------------------

       Funding for the National Computer Forensics Institute 
     (funded under US-CERT in fiscal year 2010) is provided under 
     United States Secret Service ``Salaries and Expenses''.

                       Infrastructure Protection

       NPPD is directed to comply with Senate Report 111-222 
     concerning: on-going work with the University of Southern 
     Mississippi to address the range of potential and actual 
     threats and risks to safety and security at venues with large 
     crowds; effective communications between chemical facility 
     owners and local law enforcement and first responders, as 
     part of Risk Based Performance Standard 9 under the Chemical 
     Facility Antiterrorism Standards; review of products cleared 
     by the Food and Drug Administration under the SAFETY Act and 
     that are on the Department of Defense list of approved 
     treatments for possible use; and on-going work at the 
     National Infrastructure Simulation and Analysis Center in 
     conjunction with the National Incident Management Systems and 
     Advanced Technologies Institute at the University of 
     Louisiana at Lafayette. The bill includes not less than 
     $18,000,000 for the National Infrastructure Simulation and 
     Analysis Center.
       The National Infrastructure Protection Plan Management and 
     the Critical Infrastructure and Key Resources Partnerships 
     and Information Sharing programs jointly receive $33,933,000. 
     GAO is directed to review NPPD efforts to implement these 
     programs and to make recommendations to improve coordination 
     and efficiency, as directed in the Senate report.
       Within the total provided, no less than $26,521,000 is to 
     conduct vulnerability assessments.

                             Cyber Security

       The National Cyber Security Division, which implements DHS 
     responsibilities identified in the Comprehensive National 
     Cyber Security Initiative, receives $385,679,000. The Cyber 
     Security Standards, Workforce Development, and Awareness 
     program, which includes a variety of specialized analysis 
     activities and training programs, receives $76,017,000 in the 
     bill, including $3,000,000 for State and local cyber security 
     training administered by the University of Texas at San 
     Antonio.
       A provision is included which withholds $100,000,000 of the 
     NCSD budget until NPPD provides a detailed expenditure plan 
     for all DHS NCSD activities.

                        Control Systems Security

       More and more of our nation's physical infrastructure, such 
     as electric utility grids, water and sewage systems, and 
     transportation infrastructure and networks, is connected to 
     the Internet. While this technology has generated 
     efficiencies in the operation and control of complex systems, 
     many of these network devices are vulnerable to hostile 
     takeover or malicious attacks, as evidenced by the recent 
     ``Stuxnet'' malware attack on certain types of industrial 
     centrifuges. Integrating agreed-upon industry standards into 
     the development and manufacturing process for future control 
     system products offers a high likelihood of successfully 
     countering automation vulnerabilities. Current DHS-industry 
     efforts are projected to take up to 10 years to promulgate 
     the full range of envisioned industrial standards, a 
     timeframe that is unacceptably long given the rapidly 
     evolving cyber threat. DHS, in conjunction with industry 
     partners, is directed to accelerate the development timeline 
     for control system security standards. NPPD is directed to 
     brief the Committees on the process to expedite standards 
     development no later than 90 days after the date of enactment 
     of this Act.

          Multi-State Information Sharing and Analysis Center

       DHS has an on-going program with the Multi-State 
     Information Sharing and Analysis Center (MS-ISAC) for 
     security-related operations designed to protect State and 
     municipally-owned computer networks. MS-ISAC provides world 
     class service to its customers and serves as the premier 
     State and local government cyber security entity. Additional 
     funds will allow the Center to expand its managed security 
     services, situational awareness, incident response, cyber 
     security assessments and cyber research and analysis to other 
     States and localities. In addition to amounts requested by 
     DHS, the bill includes $3,000,000 for expansion of MS-ISAC 
     activities so that the center can serve as many other States 
     and municipalities as possible.

                   Office of Emergency Communications

       The bill includes $45,339,000 for the Office of Emergency 
     Communications, $1,000,000 over the requested level based on 
     the reconfigured budget structure. Additional funding is for 
     SEARCH, the National Institute for Emergency Communications 
     Interoperability, to continue training State, regional, and 
     local first responders responsible for managing interoperable 
     communications systems.

      National Security/Emergency Preparedness Telecommunications

       The bill provides $108,169,000 for the National Security/
     Emergency Preparedness Telecommunications programs, which is 
     the requested level based on the reconfigured budget 
     structure.
       As in past years, the bill withholds $10,000,000 of funding 
     for the Next Generation Networks (NGN) program until NPPD 
     submits an expenditure plan showing how funds provided for 
     NGN will be used to achieve the program's goals.


                       FEDERAL PROTECTIVE SERVICE

       The bill includes $1,115,000,000 for the Federal Protective 
     Service (FPS), as requested, for fiscal year 2011; this 
     amount is fully offset by collections of security fees.

            Adequacy of Federal Protective Service Resources

       The bill requires the Secretary and the Director of the 
     Office of Management and Budget to adjust FPS security fees 
     to ensure that the agency employs a staff of at least 1,348 
     personnel by September 1, 2011, of which 1,011 are required 
     to be in-service field staff directly engaged on a daily 
     basis protecting and enforcing laws at Federal buildings. 
     Further, the bill requires FPS to be fully funded during 
     fiscal year 2011, therefore the staff level shall be no less 
     than 1,200 employees, including at least 900 Police Officers, 
     Inspectors, Area Commanders, and Special Agents through 
     September 1, 2011, at which time the additional employees 
     shall be on board. Given recent attacks on Federal employees 
     in Austin, Texas; Las Vegas, Nevada; and the Pentagon, the 
     Administration needs to recognize the growing gap between the 
     security needs for Federal facilities and the limited 
     resources with which FPS is expected to protect these same 
     government installations.
       Since FPS is currently authorized as a fee-for-service 
     agency, these activities must continue to be financed by 
     collection of security fees from agencies unless the FPS 
     statutory authorization is changed. It is imperative that the 
     Administration construct a fiscal year 2012 budget that 
     identifies the fee resources necessary to provide adequate 
     security at Federal facilities nationwide, consistent with 
     the FPS workforce analysis. Although NPPD was directed in 
     Senate Report 111-188 to submit this analysis no later than 
     September 12, 2010, to date the Committees have not received 
     it. To ensure this analysis is appropriately accounted for in 
     the budget, FPS is directed to submit it to the Committees on 
     Appropriations and GAO without delay.
       In addition, the Committee directs FPS to review its use of 
     contract guard services at Federal facilities, as recommended 
     by GAO, and to provide a briefing on its findings no later 
     than six months after the date of enactment of this Act.


    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

       The bill provides $339,263,000 for United States Visitor 
     and Immigrant Status Indicator Technology (US-VISIT), of 
     which $50,000,000 is available until September 30, 2012, and 
     $125,000,000 is unavailable for obligation until the 
     Committees on Appropriations receive an expenditure plan 
     containing the elements specified in Public Law 110-329. The 
     bill includes $4,650,000 above the request for Identity 
     Management and Screening Services to permit the Biometric 
     Support Centers to meet increased workload and demand for law 
     enforcement and intelligence analyses, and reduce overstay 
     resolution backlog. Bill language is included reserving 
     $50,000,000 of prior year balances solely for biometric air 
     exit. The rescission of $28,000,000 in prior year balances 
     contained in section 582 shall not result in a reduction in 
     balances available to meet the requirement in the bill to 
     obligate $50,000,000 solely for purposes of implementation of 
     a biometric air exit system.
       US-VISIT shall brief the Committees not later than February 
     16, 2011, on plans to

[[Page 20575]]

     eliminate the backlog of ``unvetted'' overstay records, to 
     include schedule and resource requirements. US-VISIT is 
     directed to sustain critical efforts to: achieve 
     interoperability with other agencies, including the 
     Departments of Justice, State, and Defense; integrate new 
     biometric technology; and support data sharing with 
     international partners. US-VISIT is also directed, in 
     conjunction with other agencies as appropriate, to provide 
     semiannual briefings on interagency interoperability; 
     planning for biometric exit solutions, to include data 
     sharing with Canada and Mexico, and in redesign or 
     replacement of ports of entry; and, as described in the 
     Senate report, ongoing efforts to share biometric information 
     with other countries about criminals, immigration violators, 
     and known or suspected terrorists, as well as steps underway 
     to strengthen DHS' leadership position in biometric and 
     identity management.

                        Office of Health Affairs

       The bill provides $157,984,000 for the Office of Health 
     Affairs (OHA). Included in the total, $113,505,000 is for the 
     BioWatch program, including all generations of the technology 
     currently in use or undergoing development, of which no less 
     than $4,500,000 is for further testing of Generation 3 
     technology. OHA is directed to use the Bioterrorism Risk 
     Assessment process to examine the costs and benefits of the 
     BioWatch program and revisit its goals. OHA should provide 
     evidence of the capabilities of the Generation 3 technology, 
     as well as a cost benefit analysis, with any request for 
     funding a program expansion. OHA shall notify the Committees 
     15 days prior to deploying any BioWatch device to new 
     locations. OHA is directed to provide an expenditure plan for 
     the BioWatch program within 60 days after the date of 
     enactment of this Act.
       The bill provides $11,250,000 for the National 
     Biosurveillance Integration System (NBIS), of which 
     $4,750,000 is for the North Carolina Collaboratory for Bio-
     Preparedness to continue a demonstration project for the 
     statewide system to analyze public health trends and detect 
     incidents. Within the remaining amount, $3,500,000 is 
     withheld from obligation until OHA delivers to the Committees 
     a strategic plan for the NBIS, including progress on 
     implementing the recommendations in GAO-10-171.
       The bill provides $3,900,000 for the Rapidly Deployable 
     Chemical Detection System, of which $1,500,000 provided above 
     the request is to complete at least one additional 
     demonstration project, to be competitively selected. The bill 
     includes $2,276,000 for planning and coordination. This 
     amount includes sufficient funding to maintain OHA's role in 
     HSPD through the Food, Agricultural and Veterinary Defense 
     Division.

                   Federal Emergency Managemen Agency


                     MANAGEMENT AND ADMINISTRATION

       The bill provides $764,296,000 for the Federal Emergency 
     Management Agency (FEMA) Management and Administration 
     activities. FEMA is directed to provide an expenditure plan 
     not later than 75 days after the date of enactment of this 
     Act. The expenditure plan shall present information 
     aggregated by directorate and office, showing all sources of 
     funding. Specific information regarding the transfer of 
     funding from the State and Local Programs appropriation 
     should be included, with the same level of detail currently 
     provided to the Committee. FEMA is directed to meet with the 
     Committee within 5 days of the date of enactment of this Act 
     to reach an agreed upon format for this reporting 
     requirement. The Committees shall be notified within 15 days 
     if any office receives or transfers out more than 5 percent 
     of the total amount allocated in the expenditure plan. A 
     provision is included requiring FEMA to submit its fiscal 
     year 2012 budget request by office with the level of detail 
     currently provided in the congressional justification 
     materials.
       Included in the total is $4,000,000 for the Emergency 
     Management Assistance Compact (EMAC), as requested, and 
     $11,000,000 for the Emergency Management Institute (EMI). 
     FEMA is directed to identify the request for EMI and EMAC in 
     future budget requests. The bill includes the requested 
     $23,300,000 for capital upgrades. FEMA shall report any 
     differences from the capital improvement plan outlined in the 
     fiscal year 2011 congressional justification, and provide a 
     justification for such differences.
       The bill provides $18,213,000, as requested, for the 
     Integrated Public Alert and Warning System, of which up to 
     $2,000,000 is to study the Radio Broadcast Data System 
     technology as directed in the Senate report, to be 
     competitively awarded.
       The President requested $71,076,000 for the Office of the 
     Chief Information Officer, which is provided; however, the 
     amount should be treated in the same manner as all other 
     funds requested and not as a PPA as listed in the Senate 
     report. FEMA is directed to brief the Committees on any 
     variations from the request prior to the changes being 
     implemented. Within this amount, $5,900,000 is provided for 
     data center migration, as requested.
       The bill provides $38,000,000 for the Urban Search and 
     Rescue Response System, $10,000,000 above the request. FEMA 
     is directed to provide an expenditure plan not later than 90 
     days after the date of enactment of this Act. The expenditure 
     plan should include the results of a review of the program to 
     ensure the capacity is meeting the needs as outlined in 
     Senate Report 111-222.
       The bill includes $7,049,000 for the Office of National 
     Capital Region Coordination and a provision requiring the 
     inclusion of the Governors of the State of West Virginia and 
     the Commonwealth of Pennsylvania in the National Capital 
     Region decision-making and planning process for mass 
     evacuation. The Department is directed to include officials 
     from the counties and municipalities that contain the 
     evacuation routes and their tributaries into the planning 
     process.
       FEMA is directed to brief the Committees not later than 30 
     days after the date of enactment of this Act regarding the 
     agency's efforts to delegate certain authorities from 
     headquarters to the offices of the Regional Administrators. 
     The briefing shall include a list of authorities that have 
     been or will be delegated; a timeframe for implementation; 
     and what procedures will be instituted to ensure consistent 
     application of FEMA policies across the Nation.
       FEMA is directed to brief the Committees quarterly on its 
     core administrative functions, as directed in the Senate 
     report; however, the briefings shall be provided by the 
     Deputy Administrator.
       The Committees appreciate the effort of the Federal, State, 
     Local, and Tribal Preparedness Task Force and the timely 
     report transmitted to the Congress in October, 2010 which 
     included recommendations related to homeland security and 
     emergency management policies, grants, and assessments. FEMA, 
     in cooperation with the Office of Intergovernmental Affairs, 
     is directed to brief the Committees no later than 30 days 
     after the date of enactment of this Act on the findings of 
     the Task Force. The briefing shall include the specific 
     process (including timelines) that will be used to adjudicate 
     the current recommendations and how the accepted 
     recommendations will be implemented; specific topics 
     identified for additional study and how the information will 
     be obtained; and the process by which the Task Force will 
     engage the larger user community to clarify and solidify 
     recommendations and items needing further discussion. The 
     briefing shall include recommendations on any new authorities 
     needed to fulfill the recommendations. Additionally, all 
     briefings required of FEMA in this Explanatory Statement that 
     address a topic for which a recommendation was made shall 
     address that recommendation in the briefing.
       The Office of Individual and Community Preparedness is 
     directed to brief the Committees within 60 days after the 
     date of enactment of this Act on actions that will be taken 
     to increase individual and community preparedness and the 
     FEMA resources being devoted to this purpose. FEMA is 
     directed to create an inventory of products that have been 
     developed by the Citizen Corps program to further individual 
     and community preparedness, as directed in Senate Report 111-
     222.
       FEMA, in conjunction with the appropriate research entity, 
     is directed to provide a report on the status of planning, as 
     directed in Senate Report 111-222.
       FEMA is directed to report, within 180 days after the date 
     of enactment of this Act, on its comprehensive approach to 
     training and education, identifying any gaps and a plan to 
     address those gaps as specified in the Senate report. This 
     report shall be coordinated with and submitted in conjunction 
     with the report on continuing training as required under the 
     heading State and Local Programs.
       Additional efforts are required to clarify leadership and 
     coordination issues within the draft National Disaster 
     Recovery Framework, which was released in February 2010. FEMA 
     is directed to remain focused on this effort and provide the 
     necessary resources to improve, finalize, and implement the 
     framework.


                        state and local programs

                     (Including Transfer of Funds)

       The bill provides $3,080,450,000 for State and Local 
     programs. Funding is allocated as follows:
State Homeland Security Grant Program......................$950,000,000
  Operation Stonegarden....................................[60,000,000]
  Citizen Corps Program....................................[10,000,000]
Urban Area Security Initiative..............................977,500,000
  Nonprofit Security grants................................[19,000,000]
  Radiological and Nuclear Detection.......................[20,000,000]
  National Special Security Events State and local reimburs[17,500,000]
Regional Catastrophic Preparedness Grants....................35,000,000
Metropolitan Medical Response System.........................41,000,000
Public Transportation Security Assistance and Railroad Security 
  Assistance................................................350,000,000
  Amtrak...................................................[25,000,000]
  Over-the-Road Bus Security Assistance....................[12,000,000]
Port Security Grants........................................350,000,000

[[Page 20576]]

Buffer Zone Protection Program Grants........................35,000,000
Interoperable Emergency Communications Grant Program.........35,000,000
Emergency Operations Centers.................................50,000,000
National Programs:
  National Domestic Preparedness Consortium.................159,500,000
  Center for Counterterrorism and Cyber Crime.................2,450,000
  National Exercise Program..................................38,000,000
  Technical Assistance.......................................13,000,000
  Continuing Training Grants.................................30,000,000
  Evaluations and Assessments................................14,000,000
Subtotal, National Programs.................................256,950,000
Total, State and Local Programs..........................$3,080,450,000

       FEMA is required to brief the Committees five days prior to 
     any announcement of the intention to make a grant award under 
     State and Local Programs. Such briefings shall include 
     detailed information on the risk analysis employed, the 
     process for determining effectiveness, the process or formula 
     used for selecting grantees, and any changes to methodologies 
     used in the previous fiscal year.
       FEMA is required to report to the Committees, not later 
     than 90 days after the date of enactment of this Act, 
     following a review of its practices and policies regarding 
     the grant process, including but not limited to, the 
     environmental and historic review process and investment 
     justification reviews. The agency should examine what 
     processes are in place because of law, regulation, and agency 
     policy and suggest changes that would streamline the process 
     to allow grantees to access funds faster while still ensuring 
     accountability. In addition to examining its own processes, 
     FEMA should include recommendations to incentivize grantees 
     to draw down funds in a more prompt manner. As a part of this 
     review FEMA is expected to examine the workload of Grants 
     Programs Directorate staff and evaluate whether that workload 
     provides for appropriate oversight of the grants.
       FEMA should ensure that it uses risk models that are 
     validated by external experts and subject to rigorous peer 
     review. FEMA is directed to brief the Committees on the 
     process it will undertake to implement external validation of 
     its risk models for the 2012 grant cycle.
       FEMA should continue to consider the needs for mass 
     evacuation planning and pre-positioning of equipment for 
     areas potentially impacted by mass evacuations in allocating 
     first responder funds.
       In accordance with section 2006 of the Homeland Security 
     Act of 2002, the Law Enforcement Terrorism Prevention Program 
     (LETPP) is funded through a required set-aside of 25 percent 
     of the State Homeland Security Grant Program and Urban Area 
     Security Initiative (UASI) programs. FEMA shall provide clear 
     guidance to States and urban areas to ensure the intent of 
     the LETPP is fully realized and the program is fully 
     maximized. Further, FEMA is expected to comply with 
     provisions of current authorizing statute regarding policies 
     regarding paying salaries for intelligence analysts, as well 
     as for distribution of UASI grants on the basis of risk.
       All awards under Operation Stonegarden shall be made on a 
     competitive basis to areas of the greatest risk and need. All 
     border states shall be eligible to apply for grants under 
     Operation Stonegarden in fiscal year 2011. Operation 
     Stonegarden's eligible costs include, but shall not 
     necessarily be limited to: overtime; vehicle maintenance; 
     vehicle and equipment rental costs; reimbursement for 
     mileage; fuel costs; equipment replacement costs; and travel 
     costs for law enforcement entities assisting other local 
     jurisdictions in law enforcement activities. The Committees 
     direct that only CBP and FEMA make recommendations on award 
     decisions. No administrative costs shall be deducted from 
     Operation Stonegarden award totals by States. In order to 
     continue to monitor the program's efficiency and ensure 
     funding is being allocated to areas of greatest need and 
     risk, FEMA and CBP are required to undertake a thorough 
     analysis using the most current data and brief the Committees 
     on the information it will use to assess which areas are in 
     greatest need of funding.
       The Citizen Corps program shall be administered consistent 
     with previous years, and shall retain an all hazards focus.
       Within the funding provided for UASI is $20,000,000 for the 
     purchase of radiological and nuclear detection equipment.
       Also within the amount provided for UASI, $17,500,000 is 
     provided to reimburse actual costs incurred by State and/or 
     local governments affected by National Special Security 
     Events, including use of services, personnel, equipment, and 
     facilities. FEMA shall brief the Committees within 60 days 
     after the date of enactment of this Act regarding the process 
     to distribute this funding, including the application process 
     and eligible costs. Funds shall remain available until 
     expended and are not subject to any legislated timeframes 
     required under ``State and Local Programs''.
       The Committees are aware of press reports of diverted 
     Federal grant money being used for executive transport and 
     serious allegations of fraud in ``Project Shield''. The 
     Committees are aware that the DHS IG is currently reviewing 
     all UASI expenditures in the Chicago area, including a review 
     of such allegations. The Committees direct the GAO to also 
     review and report on the propriety of UASI expenditures in 
     Cook County, Illinois.
       FEMA, and the grant subject matter experts, in the 
     allocation of funds for Buffer Zone Protection Program Grants 
     and Non-profit Security Grants, are directed to consult and 
     incorporate the input of State, local, and private partners 
     in assessing risk and need.
       FEMA is urged to ensure coordination between the 
     Metropolitan Medical Response System and other FEMA programs, 
     such as the National Exercise Program. FEMA should fully 
     leverage this program's unique role as a bridge between 
     emergency management and medical response disciplines.
       FEMA is directed, in conjunction with the Office of Health 
     Affairs (OHA), to report to the Committees regarding the 
     current state of disaster preparedness capabilities of 
     Emergency Medical Service (EMS) providers. This report is due 
     no later than six months after the date of enactment of this 
     Act and shall include an analysis of the gap between current 
     and target capabilities. Further, in conjunction with OHA, 
     FEMA is directed to review the amount of first responder 
     grant funding emergency medical service providers are 
     receiving and evaluate whether current funding levels are 
     sufficient to meet capability requirements for disaster 
     preparedness. Further, the Department should develop guidance 
     on proposed approaches to utilize grant funding to address 
     those gaps in order to ensure EMS preparedness and the use of 
     EMS services to reduce strains on hospitals during a mass 
     casualty event.
       FEMA is directed to fully fund the graduate and executive 
     level homeland security education programs currently 
     supported by the Department. The Department is directed to 
     maintain its strong support for these proven curricula, and 
     to continue to leverage them where appropriate as the 
     Department meets the growing need for education within its 
     own ranks and by States and localities around the Nation. The 
     Committees note the importance of Mobile Education Teams 
     providing homeland security seminars for State and local 
     elected officials and senior staff.
       Within the funding provided for Continuing Training Grants, 
     grants for state and local government intelligence awareness 
     training shall not be less than $1,000,000 above the levels 
     funded in fiscal year 2010. Not later than 180 days after the 
     date of enactment of this Act, FEMA is directed to report on 
     the needs being met by the continuing training grants to date 
     including any gaps in specific evolving needs, as required in 
     Senate Report 111-222. This report shall be coordinated with 
     and submitted in conjunction with the report on training and 
     education as required under the heading Management and 
     Administration.
       The Office of the Administrator is directed to brief the 
     Committees on a quarterly basis on the progress of 
     implementing an outcomes based preparedness assessment. The 
     initial brief shall include a review of how other nations 
     have attempted to complete such an effort. Additionally, the 
     initial brief shall include a discussion on the 
     recommendations related to capabilities and assessments from 
     the report ``Perspectives on Preparedness: Taking Stock Since 
     9/11, September 2010''', including how FEMA intends to 
     respond to the recommendations, complete with timeframes.
       The Department is encouraged to require State and local 
     governments to include non-governmental field and hospital 
     based emergency medical service providers in their 
     interoperability planning. The Department is encouraged to 
     require State and local governments to address child care 
     services in response and recovery plans, exercises and 
     training. The Department is further encouraged to require 
     State and local governments to include tribal governments, 
     rural water associations, and chief information officers in 
     planning efforts.
       FEMA is directed to allow transit agencies to permit States 
     to be subgrantees to facilitate regional planning and 
     programs.
       Administration and implementation of the Regional 
     Catastrophic Preparedness Grant Program shall be as outlined 
     in Senate Report 111-222, including treatment of the cost 
     share.
       The Committees expect that grantees must certify to FEMA 
     that the necessary investments are being made for an 
     effective interoperable communications process to ensure 
     plans are kept up-to-date and federal funds are not wasted.
       FEMA is encouraged to continue to provide training to first 
     responders through the Domestic Preparedness Equipment 
     Technical Assistance Program.
       Funding for Emergency Operations Centers shall be allocated 
     for projects as specified in the bill, and the remaining 
     funding shall be competitively awarded.


                     FIREFIGHTER ASSISTANCE GRANTS

       The bill provides $840,000,000 for Firefighter Assistance 
     Grants, including $420,000,000 for firefighter assistance 
     grants and $420,000,000 for firefighter staffing grants. The 
     bill includes a provision to waive certain cost

[[Page 20577]]

     shares and maintenance of effort provisions associated with 
     firefighter staffing grants. FEMA is directed to continue 
     administering the grant programs consistent with previous 
     years as specified in the conference report accompanying P.L. 
     111-83. FEMA is directed to submit the U.S. Fire Needs 
     Assessment concurrent with the fiscal year 2012 budget 
     submission. FEMA is further directed to brief the Committees 
     on Appropriations no later than 60 days after the date of 
     enactment of this Act on the implementation of 
     recommendations in GAO-10-64 to improve the grant process.


                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

       The bill provides $345,000,000 for Emergency Management 
     Performance Grants.


              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

       The bill provides for the receipt and expenditure of fees 
     collected, as authorized by P.L. 105-276.


                   UNITED STATES FIRE ADMINISTRATION

       The bill provides $45,930,000 for the United States Fire 
     Administration. FEMA is directed to identify the funding 
     level for the National Fire Incident Management System in 
     future budget requests.


                            DISASTER RELIEF

                     (Including Transfers of Funds)

       The bill includes $1,950,000,000 for the Disaster Relief 
     fund. FEMA is directed to submit an estimate for obligations 
     which are expected to occur during the 2012 fiscal year and 
     have been excluded from formulation of the underlying 
     President's budget request, including those associated with 
     catastrophic events concurrent with the budget submission. A 
     provision is included in the bill requiring FEMA to submit an 
     expenditure plan to the Committees detailing the use of funds 
     for the disaster readiness and support account not later than 
     60 days after the date of enactment of this Act. FEMA shall 
     provide quarterly reports detailing obligations against the 
     expenditure plan and a justification for any changes in 
     spending. As required in the bill, FEMA is directed to 
     continue monthly reports detailing allocations, obligations 
     and undistributed amounts related to all disasters in the 
     same level of detail as currently presented to the 
     Committees. Within the amount provided $16,000,000 shall be 
     transferred to the DHS IG for audits and investigations 
     related to disasters and $145,600,000 shall be transferred to 
     FEMA ``Management and Administration''.
       FEMA is required to notify the Committees prior to closing 
     or moving logistics distribution centers.
       FEMA is directed to maintain the Florida long-term recovery 
     office as long as there is sufficient work to be done 
     following the 2004 and 2005 hurricanes that struck the State. 
     FEMA is directed to notify the Committees 60 days prior to 
     closing the office.
       The DHS IG is directed to report, not later than 120 days 
     after the date of enactment of this Act, on the costs 
     associated with the Disaster Housing Assistance Program, the 
     benefits that have been provided, and the percent of funding 
     provided to program management and oversight.
       FEMA is instructed to report to the Committees not later 
     than 60 days after the date of enactment of this Act on its 
     implementation of recommendations on the 2009 IG report 
     entitled ``Improvements Needed in Disaster Contract 
     Management''.


            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

       The bill provides $295,000 for the cost of direct loans. As 
     outlined in Senate Report 111-222, FEMA is directed to 
     continue assistance for Special Community Disaster Loan 
     waiver applications, and for loans which are not cancelled, 
     FEMA is directed to assist with extended repayment deadlines.


                 FLOOD HAZARD MAPPING AND RISK ANALYSIS

       The bill provides $194,000,000 for flood hazard mapping and 
     risk analysis. FEMA shall continue to focus funds on 
     reviewing, updating, and maintaining maps to accurately 
     reflect flood hazards. The goal shall be to review and, where 
     necessary, to update and maintain data, methodologies, models 
     and maps that have been modernized, and to issue map updates 
     no later than five years past the modernized dates of the 
     maps. FEMA is directed to provide no less than 20 percent of 
     the funds provided under this heading for map updates and 
     maintenance conducted by Cooperating Technical Partners 
     (CTPs) that provide at least a 25 percent cash match and have 
     a strong record of working effectively with FEMA on 
     floodplain mapping activities. When allocating map 
     modernization funds, FEMA is encouraged to prioritize as 
     criteria the number of stream and coastal miles within the 
     State, the Mississippi River Delta region, and the 
     participation of the State in leveraging non-federal 
     contributions. FEMA is strongly encouraged to partner with 
     and leverage all available resources from Federal agencies, 
     State and local governments, academia and CTPs towards 
     acquiring elevation data.
       With the 2012 budget request, FEMA shall submit a status 
     report on the progress made towards the five year Risk 
     Mapping, Assessment, and Planning (RiskMAP) strategy. FEMA is 
     directed to establish a RiskMAP Advisory Committee to include 
     Federal, state and local government representatives, non-
     governmental organizations, and private sector stakeholders. 
     FEMA is strongly encouraged to include CTPs on the Advisory 
     Committee. FEMA shall submit an annual report with the first 
     one due no later than 180 days after the date of enactment of 
     this Act on the recommendations of the Committee and any 
     actions taken by FEMA.
       FEMA is directed to report, not later than 180 days after 
     the date of enactment of this Act, on its efforts to 
     transition to database driven digital maps.
       The Committees recognize that, consistent with Senate 
     Report 111-188 related to the Supplemental Appropriations 
     Act, 2010 (Public Law 111-212), FEMA has created an 
     interagency task force to resolve concerns regarding flood 
     maps, and GAO has begun its review of this effort. Therefore, 
     the Senate report requirement to begin these efforts is no 
     longer necessary. FEMA and GAO are directed to continue 
     implementing these requirements expeditiously.


                     NATIONAL FLOOD INSURANCE FUND

       The bill provides $22,145,000 for salaries and expenses and 
     $146,855,000 for flood plain management and mapping. Based on 
     updated estimates from FEMA, the bill authorizes $110,000,000 
     for operating expenses and $963,339,000 for commission and 
     taxes of agents. Further, the bill authorizes $40,000,000 for 
     the severe repetitive loss program.
       FEMA is directed to review and report on its existing 
     Community Assistance Program grant process and allocation 
     methodology to ensure equitable distribution of funds in 
     relation to existing and anticipated floodplain management 
     and mapping activities. FEMA shall submit a report to the 
     Committees by March 1, 2011, documenting the existing process 
     and allocation methodology and any proposed changes to be 
     implemented in fiscal year 2012.


                  NATIONAL PREDISASTER MITIGATION FUND

       The bill provides $85,000,000, including funding for the 
     following projects at the following locations. The remaining 
     funding shall be competitively awarded.


                    Predisaster mitigation projects

                                                                 Amount
Borough of Hatboro, PA..........................................$74,000
Campbell Police Department, CA..................................180,000
City of Arvada, CO............................................1,000,000
City of Binghamton, NY..........................................500,000
City of Covina, CA..............................................375,000
City of Hammond, IN.............................................750,000
City of Kannapolis, NC..........................................900,000
City of Minneapolis, MN.......................................1,000,000
City of Paris, KY................................................70,000
City of Salem, MA.............................................1,000,000
City of San Mateo-Department of Public Works, CA..............1,000,000
City of Venus, TX................................................80,000
County of Los Angeles, CA.......................................520,000
County of Sonoma, CA..........................................1,000,000
Henry County, GA................................................960,000
Hinds County Board of Supervisors, MS...........................500,000
Logan County Government, CO.....................................140,000
Lucas County Engineer, OH.......................................400,000
Memphis-Shelby County Airport Authority, TN...................1,000,000
Monterey County Water Resources Agency, CA....................1,000,000
Ohio University, OH.............................................460,000
Orange County Government, FL..................................1,000,000
Town of Cary, NC................................................750,000
Town of East Hampton, NY........................................800,000
Town of Fairfield, CT.........................................1,000,000
Town of Harrison, NY............................................600,000
Town of Livingston, NY...........................................19,000
Town of Niagara, NY.............................................250,000
Town of Winchester, MA........................................1,000,000
Township of Hopewell, NJ........................................353,000
Vienna Police Department, VA....................................175,000


                       EMERGENCY FOOD AND SHELTER

       The bill provides $150,000,000 for the Emergency Food and 
     Shelter program.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       The bill provides $297,993,000 in discretionary 
     appropriations for United States Citizenship and Immigration 
     Services (USCIS). This amount includes $176,400,000 for USCIS 
     to process refugee applications and asylum claims, rather 
     than funding these activities through surcharges on other 
     immigrants' application filing fees. No funding is provided 
     for the cost of military naturalizations, which will be paid 
     by the Department of Defense, as proposed in the budget. 
     Within the total provided, $7,193,000 is for USCIS data 
     center consolidation. No discretionary funding is provided 
     for the Systematic Alien Verification for Entitlements (SAVE) 
     program or for the salaries and expenses of the immigrant 
     integration program. USCIS is directed to submit a 
     reprogramming to the Committees as soon as possible to 
     reflect fee-derived expenditures for SAVE and immigrant 
     integration salaries and expenses.

                        User Fee Funded Programs

       The budget estimates that USCIS will make $2,426,557,000 in 
     fee-funded expenditures in fiscal year 2011. Revenues from 
     fees paid by persons applying for immigration benefits 
     constitute the majority of USCIS's resources, and support 
     adjudication of applications for immigration benefits as well 
     as

[[Page 20578]]

     government investigations aimed at preventing fraud within 
     the immigration system.
       On November 23, 2010, USCIS increased fees charged to 
     immigration applicants. However, given the variability in the 
     USCIS revenue projections, it is not clear whether such 
     pricing changes will be sufficient to finance the agency's 
     on-going operational activities over the long term. USCIS is 
     directed to brief the Committees on the steps it is taking to 
     ensure that operations are properly sized to match processing 
     goals with cash flow estimates.
       Within the total fees collected, USCIS is directed to 
     provide no less than $29,000,000 to convert immigration 
     records to digital format, as requested. No more than $10,000 
     of the fees collected shall be used for official reception 
     and representation expenses.

                 Refugee Applications and Asylum Claims

       The bill provides $176,400,000 for USCIS to process refugee 
     applications and asylum claims without charge to any 
     immigration applicant, which is $30,600,000 below the budget 
     request. This reduction reflects the fact that the 
     Administration did not finalize a revised rule for USCIS 
     application fees until November 23, 2010, meaning that USCIS 
     collected surcharges for processing asylum and refugee 
     applications until that date.
       Since the processing of refugee and asylum claims in fiscal 
     year 2011 will be paid for by the American taxpayer, USCIS 
     should be prepared to provide more information to Congress 
     about how it manages the processes for administering these 
     adjudications. USCIS is directed to brief the Committees at 
     least quarterly in fiscal year 2011 on the application 
     volumes, processing times, and country-by-country quotas and 
     actual admissions for refugees and asylum seekers. USCIS is 
     also directed to develop and report program performance 
     measures that illustrate how the agency is ensuring that 
     refugee status or asylum protection cases are adjudicated 
     fairly and in an appropriate length of time. Finally, given 
     concerns about the appropriateness of certain DHS policies 
     that result in detention of asylum claimants, USCIS is also 
     directed to work jointly with ICE, the Department's Office of 
     Policy, and the Department of Justice Executive Office of 
     Immigration Review to develop a Department-wide policy to 
     ensure that people who claim asylum, yet are subject to 
     physical detention, have their cases adjudicated as 
     expeditiously as appropriate and to report to the Committees 
     by March 1, 2011, on progress in implementing this policy.

                                E-Verify

       The bill provides $103,400,000 for the E-Verify Program, as 
     requested. An updated audit of E-Verify shows that USCIS has 
     made progress improving the accuracy of the system. However, 
     USCIS must also ensure that there are appropriate controls 
     and analytical systems in place to identify inappropriate use 
     of the E-Verify Program by employers who would take advantage 
     of its functionality for exploitative or illegal purposes. As 
     a result, USCIS is directed to provide regular briefings on 
     its progress implementing a robust compliance review program 
     for E-Verify, including any actions taken to address 
     instances of misuse of the system.

                       Naturalization Ceremonies

       The Committee directs USCIS to identify, in the 2012 budget 
     submission, all funds allocated to naturalization and oath of 
     allegiance ceremonies. In addition, the Committee directs 
     USCIS to work with local public and private groups to hold 
     naturalization and oath of allegiance ceremonies as part of 
     community Flag Day, Independence Day, and Constitution Day 
     celebrations.

               Special Immigrant Visa Process for Iraqis

       Special Immigrant Visas (SIVs) for certain Iraqi nationals 
     were authorized in section 1244 of the National Defense 
     Authorization Act for fiscal year 2008 to provide immigration 
     benefits for Iraqis facing ongoing, serious threats resulting 
     from their employment by or on behalf of the U.S. government. 
     The application process for SIVs has been burdensome and 
     confusing for many applicants. USCIS is encouraged to work 
     with the Department of State to examine and reform SIV 
     application procedures, including revisions to communicate 
     clearly with denied applicants the reasons for their denials 
     and to establish a review process for denied applications.

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

       The bill provides $234,500,000 for the Federal Law 
     Enforcement Training Center (FLETC) Salaries and Expenses, of 
     which $30,000,000 is for Management and Administration. The 
     requested transfer of the National Computer Forensics 
     Institute (NCFI) to FLETC is denied. Funding for the NCFI is 
     provided under the Secret Service.


                             ACCREDITATION

       The bill provides $1,419,000, in a separate account, for 
     accreditation activities to measure and assess the quality 
     and effectiveness of Federal law enforcement training 
     programs, facilities, and instructors. The Committees have 
     created a separate accreditation account to increase the 
     visibility of this activity.


     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       This bill provides $38,456,000 for Acquisitions, 
     Construction, Improvements, and Related Expenses.

                         Science and Technology


                     MANAGEMENT AND ADMINISTRATION

       The bill provides $145,959,000 for Science and Technology 
     (S&T) Management and Administration. This reflects no funding 
     for data center migration, and $3,000,000 for management of 
     research and development transferred from the Domestic 
     Nuclear Detection Office. S&T shall provide semiannual 
     briefings to the Committees on the status of testing and 
     evaluation of all level one acquisitions. S&T is directed to 
     brief the Committees not later than February 16, 2011, on 
     amounts deobligated from projects during fiscal year 2010, 
     and the projects to which such funds were subsequently 
     obligated, and to provide such briefings thereafter in 
     conjunction with submission of its annual budget requests.
       S&T shall report to the Committees, in conjunction with the 
     submission of its fiscal year 2012 budget, and annually 
     thereafter in each succeeding budget request, on results of 
     its research and development efforts in the previous fiscal 
     year. This report shall include new technologies or 
     capabilities delivered to front line users, and whether such 
     deliverables were the result of projects reviewed as part of 
     integrated product team processes. S&T shall brief the 
     Committees not later than February 16, 2011, on the quality 
     of test and evaluation capacity in DHS, and S&T efforts to 
     assist test and evaluation efforts by other DHS component 
     agencies.


           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

       The bill provides $902,651,000 for Research, Development, 
     Acquisition, and Operations. The following table specifies 
     funding by budget program, project, and activity:
Border and Maritime Security................................$39,936,000
Chemical and Biological.....................................200,800,000
Command, Control, and Interoperability.......................77,550,000
Explosives..................................................120,800,000
Human Factors................................................15,400,000
Infrastructure and Geophysical...............................56,965,000
Innovation...................................................44,000,000
Laboratory Facilities.......................................122,000,000
Radiological and Nuclear....................................109,000,000
Test and Evaluation/Standards................................23,100,000
Transition...................................................43,100,000
University Programs..........................................50,000,000
                                                       ________________
                                                       
  Total, Research, Development, Acquisition, and Operations$902,651,000
       S&T is directed to brief the Committees not later than 
     February 16, 2011, on: (1) status of its port security 
     testbed for maritime situation awareness; (2) the impact of 
     reductions in funding on research on cyber insider threats, 
     law enforcement data processing intelligent sensors, forensic 
     methodology, and terrorist countermeasures, and how the 
     integrated product team approach can mitigate these impacts; 
     (3) progress on Virtual USA; and (4) the status of new 
     explosives detection technologies research efforts. S&T is 
     encouraged to evaluate the most effective approaches to 
     detecting and interdicting southbound contraband, and make 
     recommendations as addressed in Senate Report 111-222.
       For human factors, the bill includes $2,000,000 above the 
     request to restore reductions in socio-behavioral research 
     and enhance risk analysis and management. S&T shall brief the 
     Committees not later than February 16, 2011, on status of its 
     human factors research portfolio, including biometric 
     research. S&T shall make efforts to further social science 
     expertise in its Human Factors Division and Centers of 
     Excellence, and work with the DHS Risk Management and 
     Analysis Office to improve risk analysis and management 
     Department wide.
       S&T, in coordination with TSA, should convene a National 
     Academy of Sciences panel of behavioral experts to assess the 
     effectiveness of the Screening Passengers by Observation 
     Techniques (SPOT) program, to support GAO recommendations 
     that the S&T validation of SPOT be peer reviewed. S&T shall 
     brief the Committees not later than February 16, 2011, on the 
     status of efforts and plans to carry out this assessment.
       For laboratory facilities, $122,000,000 is provided. 
     Included in this amount is $20,000,000 for infrastructure 
     upgrades and construction at the Transportation Security 
     Laboratory.
       For infrastructure and geophysical, funds for the Southeast 
     Region Research Initiative are as outlined in Senate Report 
     111-222.
       S&T is directed to notify the Committees when the Unified 
     Incident Command and Decision Support architecture is 
     complete.
       For innovation, the bill includes $44,000,000. S&T is to 
     brief the Committees on its planned allocation of these funds 
     no later than 45 days after the date of enactment of this 
     Act. S&T shall brief the Committees not later than February 
     16, 2011, on its tunnel research.
       For university programs, the bill includes $50,000,000. 
     Within this total, not less than

[[Page 20579]]

     $39,000,000 is for centers of excellence, and not less than 
     $3,866,000 is for minority serving institutions.
       S&T shall conduct an independent review of all current 
     research projects in the radiological and nuclear detection 
     area, including private sector research, before determining 
     its fiscal year 2011 research priorities. S&T is encouraged 
     to review simultaneous and passive radiation detection of 
     shielded and unshielded nuclear materials, such as muon 
     tomography and advanced electron accelerator for nonintrusive 
     detection of weapons of mass destruction.
       S&T shall brief the Committees not later than February 16, 
     2011, on its expenditure plan for projects requested by the 
     First Responders Integrated Product Team.

                   Domestic Nuclear Detection Office


                     MANAGEMENT AND ADMINISTRATION

       The bill provides $36,400,000 for Domestic Nuclear 
     Detection Office (DNDO) Management and Administration, and 
     includes a proviso requiring DNDO to submit to the Committees 
     on Appropriations not later than May 15, 2011, an investment 
     plan for closing domestic gaps in the global nuclear 
     detection architecture (GNDA), including such vectors as 
     rail, small vessels, and general aviation. Funding is 
     $592,000 below the request to reflect reduced staffing due to 
     chronic delays in hiring for GNDA efforts.


                 RESEARCH, DEVELOPMENT, AND OPERATIONS

       The bill provides $191,242,000 for Research, Development, 
     and Operations. The following table specifies funding by 
     budget program, project, and activity:
Systems Engineering and Architecture........................$35,800,000
Systems Development..........................................59,000,000
Assessments..................................................40,000,000
Operations Support...........................................33,900,000
National Technical Nuclear Forensics Center..................22,542,000
                                                       ________________
                                                       
  Total, Research, Development, and Operations.............$191,242,000
       DNDO plans for using Systems Engineering and Architecture 
     funds should be spelled out in the GNDA investment plan 
     required in the bill. DNDO is directed to brief the 
     Committees on Appropriations semi-annually on progress in 
     developing architecture to guide technology research and 
     applications, the details on associated engineering and 
     architectural studies, and the status of associated new 
     technology.
       The bill reflects a $10,033,000 reduction from the request 
     for Cargo Advanced Automated Radiography Systems. DNDO should 
     complete testing to make decisions on technology to deploy 
     for radiation scanning of on-dock rail and transshipment 
     seaports; ensure all technologies under consideration by 
     operating agencies are assessed under operational test 
     conditions, and report on its plans to complete this research 
     to the Committees by February 16, 2011. DNDO is directed to 
     brief the Committees on a semi-annual basis on the status of 
     development of automated radiography systems, its ongoing 
     analysis of non-intrusive inspection technology, human 
     portable radiation detection systems, and development of 
     alternatives to Helium-3; and to notify the Committees when 
     it plans to solicit for prototype development and pilots.
       DNDO is directed to brief the Committees on a semi-annual 
     basis on red team exercises and net assessments, to include 
     vulnerabilities identified and recommendations for addressing 
     them.
       DNDO is directed to brief the Committees not later than 
     February 16, 2011, on steps planned or underway to address 
     recommendations included in the recently completed study on 
     nuclear forensics by the National Academy of Sciences.


                          SYSTEMS ACQUISITION

       The bill provides $52,000,000 for Systems Acquisition. This 
     includes $14,000,000 for radiation portal monitors to address 
     the gap in coverage at U.S. ports of entry and $38,000,000 
     for human portable radiation detection systems. DNDO is 
     directed to submit to the Committees its assessment of the 
     Securing the Cities program upon its completion.

                                TITLE V

                           GENERAL PROVISIONS

             (Including Transfers and Rescissions of Funds)

       Major changes from the general provisions contained in the 
     Department of Homeland Security Appropriations Act, 2010 
     (Public Law 111-83) include:
       Section 503: Language is continued and modified that amends 
     certain reprogramming and transfer procedures for the funds 
     provided in this Appropriations Act. A detailed funding table 
     identifying each Congressional control level for 
     reprogramming purposes is included at the end of the 
     accompanying statement. These reprogramming guidelines shall 
     be complied with by all agencies funded by the Department of 
     Homeland Security Appropriations Act, 2011.
       The Department shall submit reprogramming requests on a 
     timely basis and provide complete explanations of the 
     reallocations proposed, including detailed justifications of 
     the increases and offsets, and any specific impact the 
     proposed changes will have on the budget request for the 
     following fiscal year and future-year appropriations 
     requirements. Each request submitted to the Committees on 
     Appropriations should include a detailed table showing the 
     proposed revisions at the account, program, project, and 
     activity level to the funding and staffing (full-time 
     equivalent position) levels for the current fiscal year and 
     to the levels requested in the President's budget for the 
     following fiscal year.
       The Department shall manage its programs and activities 
     within the levels appropriated. The Department should only 
     submit reprogramming or transfer requests in the case of an 
     unforeseeable emergency or situation that could not have been 
     predicted when formulating the budget request for the current 
     fiscal year. When the Department submits a reprogramming or 
     transfer request to the Committees on Appropriations and does 
     not receive identical responses from the House and Senate, it 
     is the responsibility of the Department to reconcile the 
     House and Senate differences before proceeding, and if 
     reconciliation is not possible, to consider the reprogramming 
     or transfer request not approved.
       The Department is not to submit a reprogramming or transfer 
     of funds after May 31 except in extraordinary circumstances, 
     which imminently threaten the safety of human life or the 
     protection of property. If a reprogramming or transfer is 
     needed after May 31, the notice should contain sufficient 
     documentation as to why it meets this statutory exception.
       Section 515: Language is continued and modified on TSA air 
     cargo reporting requirements.
       Section 518: Language is continued and modified on the 
     human resource management system.
       Section 519: Language is continued and modified to reflect 
     permanency of the Secret Service's investigative operation 
     authority.
       Section 521: Language is continued and modified prohibiting 
     use of funds pertaining to the Principal Federal Official 
     with certain exceptions.
       Section 524: Language is included prohibiting use of funds 
     to violate Executive Order 13423.
       Section 526: Language is continued that prohibits the 
     Department from carrying out section 872 of the Homeland 
     Security Act of 2002. However, this prohibition is not 
     intended to prevent the Department from carrying out routine 
     reallocations within components.
       Section 528: Language is continued and modified to reflect 
     permanency of the horse and equine provision.
       Section 541: Language is continued and modified pertaining 
     to the sale of Plum Island assets and how proceeds may be 
     used.
       Section 542: Language is included pertaining to the 
     construction of the National Bio- and Agro-defense Facility 
     in Manhattan, Kansas.
       Section 547: Language is continued and modified to make 
     permanent the definition of a rural area in the Homeland 
     Security Act.
       Section 550: Language is continued and modified pertaining 
     to the Registered Traveler Program.
       Section 555: Language is included that provides a total of 
     $270,800,000 for consolidation of the new DHS headquarters at 
     St. Elizabeths and consolidation of mission support 
     activities. Within 60 days after the date of enactment of 
     this Act, the Secretary must submit an expenditure plan to 
     the Committees highlighting how these funds will be 
     allocated. Quarterly briefings on the consolidation plans, 
     including any deviation from the expenditure plan, status of 
     approvals, and project schedule should occur thereafter.
       Section 556: Language is included that provides $10,000,000 
     for new acquisition workforce staff and permits the Secretary 
     to transfer funds after notification. These funds can only 
     supplement, not supplant, existing acquisition workforce 
     staffing.
       Section 557: Language is continued and modified pertaining 
     to the sale of Loran-C sites and the use of any proceeds.
       Section 558: Language is included that requires 
     certification that the 100 percent screening of air cargo 
     carried on passenger aircraft mandate has been met and 
     biannual reports on the strategy to meet this mandate if 
     certification does not occur 180 days after the date of 
     enactment of this Act.
       Section 559: Language is included that requires the 
     Secretary to ensure screening of passengers and crews for 
     transportation and national security purposes are consistent 
     with applicable laws, regulations, and guidance on privacy 
     and civil liberties.
       Section 560: Language is included that authorizes the 
     Secretary to direct GSA to sell ICE Service Processing 
     Centers and detention facilities that no longer meet the 
     mission and use the funds for other ICE real property needs.
       DHS shall report to the Committees no later than February 
     9, 2011, with recommendations for savings from the 
     identification of any DHS excess property as described in the 
     June 10, 2010, Presidential Memorandum entitled ``Disposing 
     of Unneeded Federal Real Estate''.
       Section 561: Language is included that modifies civil and 
     criminal penalty sections of the U.S. Code and requires each 
     airport

[[Page 20580]]

     operator to ensure signs are posted providing notice of 
     penalties. Persons may be fined without regard to signage.
       Section 562: Language is included that amends the McKinney-
     Vento Homeless Assistance Act to update the names of two 
     entities that participate in the Emergency Food and Shelter 
     program.
       Section 563: Language is included that permits construction 
     related to hazard mitigation in Findlay, Ohio.
       Section 564: Language is included that permits the 
     Secretary to transfer funds for an immigration emergency.
       Section 565: Language is included that authorizes the 
     Secretary of Homeland Security to transfer funds from amounts 
     available for fiscal year 2009 or thereafter for CBP ``Border 
     Security Fencing, Infrastructure, and Technology'' to the 
     Department of Interior to mitigate adverse impacts on 
     endangered species resulting from construction, operation, 
     and maintenance activities related to border security.
       Section 566: Language is included that permits the Coast 
     Guard to enter into agreements with the Navy for the disposal 
     of Coast Guard vessels at no additional cost to the Navy.
       Section 567: Language is included that permanently 
     authorizes CBP's Advanced Training Center to charge a fee for 
     any service and/or thing of value it provides to Federal 
     government or non-government entities so long as fees charged 
     do not exceed the full costs.
       Section 568: Language is included related to the federal 
     share for damages resulting from certain disasters in the 
     State of New Jersey.
       Section 569: Language is included that directs FEMA to 
     consider as non-discretionary the decision to award grants 
     for the construction and equipping of any interoperable 
     communications systems for which construction was initiated 
     before June 1, 2009.
       Sections 570-590 include rescissions from unobligated 
     balances within components of the Department of Homeland 
     Security.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

                        FUNDING RECOMMENDATIONS

       Detailed funding recommendations for programs are contained 
     in the table listed below.

[[Page 20581]]

     
     


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[[Page 20592]]

   DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                                AGENCIES

       Following is an explanation of the effects of Division G, 
     which makes appropriations for the Department of the 
     Interior, the Environmental Protection Agency, the Forest 
     Service, the Indian Health Service and related agencies for 
     fiscal year 2011. As provided in Section 4 of the 
     consolidated bill, this explanatory statement shall have the 
     same effect with respect to the allocation of funds and the 
     implementation of this division as if it were a joint 
     explanatory statement of a committee of conference.
       This explanatory statement addresses only those agencies 
     and accounts for which there is a need for greater 
     explanation than provided in the Act. Funding levels for 
     appropriations by account, program and activity, with 
     comparisons to Fiscal Year 2010 levels and the Fiscal Year 
     2011 budget request, can be found in the table at the end of 
     this division. Except as expressly provided otherwise, any 
     reference to ``this Act'' or ``at the end of this statement'' 
     shall be treated as referring only to the provisions of this 
     division.
       FIXED COSTS--The bill contains $25,737,000 for fixed costs 
     for the Department of the Interior, which is approximately 25 
     percent of the total amount the Department expects to incur. 
     The increases for fixed costs are displayed by account in the 
     table in the back of this division. Each bureau should apply 
     the increase proportionately among its budget activities. The 
     Department is directed to report to the Appropriations 
     Committees within 30 days of enactment on the final 
     distribution by budget activity.
       CHALLENGE COST SHARE GRANTS--The bill includes $9,000,000 
     for Challenge Cost Share Grants distributed to the Bureau of 
     Land Management, the Fish and Wildlife Service and the 
     National Park Service. This is approximately 50% of the funds 
     provided last year and reflects concerns raised by the 
     Inspector General's report. The Secretary is directed to 
     implement all of the IG recommendations and the IG is asked 
     to report to the Committees on Appropriations on the 
     Department's implementation of those recommendations.
       REPROGRAMMING GUIDELINES--The reprogramming guidelines 
     included in the Joint Explanatory Statement of the Committee 
     on Conference which accompanied Public Law 111-88 (Department 
     of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2010) are continued for Fiscal Year 2011. 
     Under the heading ``General Guidelines for Reprogramming.'' 
     the following is added: (e) New programs requested in the 
     budget should not be initiated before enactment of the bill 
     without notification to, and the approval of, the Committees 
     on Appropriations. This restriction applies to all such 
     actions regardless of whether a formal reprogramming of funds 
     is required to begin the program.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       BUREAU OF LAND MANAGEMENT


                   MANAGEMENT OF LANDS AND RESOURCES

       The bill provides $954,633,000 for Management of Lands and 
     Resources. Bill language included in the Title I General 
     Provisions provides for certain oil and gas inspection fees; 
     $20,000,000 will be collected through this authority, which 
     will help the Bureau increase inspection and compliance 
     activities in the field and implement recommendations of 
     recent GAO reviews.
       Land Resources.--The bill provides an increase of 
     $1,250,000 for climate change impacts instead of the 
     requested $2,500,000. An increase of $1,000,000 above the 
     request is provided for air quality data mapping and a 
     general program increase of $350,000 for soil, water, and air 
     management is also provided.
       Realty and Ownership Management.--The bill provides an 
     increase of $975,000 for new wilderness areas, which is 
     $325,000 less than the request, and an increase of $2,250,000 
     instead of $3,000,000 as requested for the renewable energy 
     initiative. The bill also continues the Utah GIS program with 
     $300,000 in the Cadastral Survey subactivity.
       Wild Horse and Burro Management.--The Department's 
     increased emphasis on this program is encouraging but the 
     Bureau has an over-reliance on extensive gathering of excess 
     wild horses and a focus on permanent long-term holding. 
     Instead, the Bureau should: (1) gather and release 
     contracepted mares and do so only at the time of year when 
     the vaccine is most efficacious; (2) increase the development 
     of improved contraception methods with partners and the USGS; 
     (3) enhance demographic sampling and modeling of wild horse 
     populations; (4) hire an animal welfare specialist; and (5) 
     improve range condition evaluation and assessment. All 
     Federal agencies that need and use horses to fulfill their 
     responsibilities are encouraged to first seek to acquire a 
     wild horse from BLM and, prior to seeking another supplier 
     for usable horses, document why the BLM cannot meet the needs 
     of the inquiring Federal agency. Rather than buy land for an 
     expensive horse preserve as was requested, the bill provides 
     language which will facilitate long-term contracts, at less 
     public expense, which would be advantageous to both the 
     captured wild horses and the ranchers maintaining them. The 
     Bureau should retain the goal of managing wild horses and 
     burros in the wild rather than permanently retaining animals 
     in long-term holding. The Secretary is encouraged to enter 
     into cooperative agreements pursuant to Public Law 92-195 
     (popularly known as the ``Wild Free-Roaming Horses and Burros 
     Act''; 16 U.S.C. 1336) with nonprofit corporations and others 
     to care for wild horses and burros. Such cooperative 
     agreements may allow for payment of an annual stipend for 
     each such wild free-roaming horse or burro in the care of 
     such entity.
       The Committees on Appropriations expect to be consulted on 
     a regular basis as the Departments of the Interior and 
     Agriculture develop policies related to the permitting of 
     renewable energy projects. The two Secretaries are directed 
     to prepare interim guidelines for siting renewable energy 
     projects, as directed in the report to the fiscal year 2010 
     appropriation, within 60 days of enactment of this Act.
       The Committees request that the Secretary of the Interior 
     thoroughly consider methods proposed by the California Desert 
     and Solar Working Group to improve project screening, 
     eliminate speculative projects, and improve environmental 
     reviews. The Secretary is urged to reject solar development 
     applications from entities that do not complete necessary 
     field studies, plans for water, and plans to connect to the 
     grid within one year of filing an application. The Secretary 
     is directed to complete a report evaluating the possible 
     solar energy study areas in the West Mojave that respect 
     designated off-road vehicle routes and provide the report to 
     the Committees on Appropriations within 60 days of enactment 
     of this Act.
       The increased allocation for the National Fish and Wildlife 
     Foundation partnership should be used for various youth-
     oriented projects and activities. The Bureau should retain 
     its current level of support for the National Conservation 
     Training Center; funds shall be available to NCTC within 60 
     days of enactment.


                              CONSTRUCTION

       The bill provides $4,066,000 for construction. In addition 
     to the requested projects, $250,000 is provided for City of 
     Mesquite, NV multi-purpose trail construction and a total of 
     $424,000 is provided for architectural and engineering 
     services.


                            LAND ACQUISITION

       The bill provides $36,550,000 for land acquisition. The 
     bill does not include the requested funds for the National 
     Wild Horse Preserve. The Bureau is directed to use the 
     increase above the request in acquisition management to 
     investigate and pursue options for the care of wild horses 
     and burros and consult with the Appropriations Committees 
     before agreeing to any final course of action. The funds 
     provided by the bill are distributed as follows:

------------------------------------------------------------------------
      State                       Project                     Amount
------------------------------------------------------------------------
             AZ   Grand Canyon-Parashant National             $1,600,000
                   Monument.............................
               CA Big Morongo Canyon Area of Critical          1,650,000
                   Environmental Concern................
               CA California Wilderness.................       1,800,000
               CA Carrizo Plain National Monument.......       2,200,000
               CA Santa Rosa and San Jacinto Mountains         1,000,000
                   National Monument....................
               CA Trinity National Wild and Scenic River       1,800,000
               CA Upper Sacramento River Area of               2,500,000
                   Critical Environmental Concern.......
               CO Canyons of the Ancients National             2,500,000
                   Monument.............................
             ID   Snake River Rim Recreation Area/Oregon         400,000
                   National Historic Trail..............
             ID   Upper Snake/South Fork Snake River           2,500,000
                   Area of Critical Environmental
                   Concern/Special Recreation Management
                   Area.................................
             MT   Chain-of-Lakes Recreation Management         1,000,000
                   Area/Lewis and Clark National
                   Historic Trail.......................
             MT   Upper Madison River Special Recreation       1,000,000
                   Management Area......................
             NM   Lesser Prairie Chicken Habitat                 750,000
                   Preservation Area of Critical
                   Environmental Concern................
             OR   Cascade-Siskiyou National Monument....       6,000,000
             OR   Crooked National Wild and Scenic River       1,200,000
             OR   Sandy River Area of Critical                 1,500,000
                   Environmental Concern/Oregon National
                   Historic Trail.......................
             UT   Grand Staircase-Escalante National             700,000
                   Monument.............................
             WY   North Platte River Special Recreation        2,450,000
                   Management Area......................
                 -------------------------------------------------------
                    Subtotal, Line Item Projects........      32,550,000
------------------------------------------------------------------------
                  Acquisition Management................       2,500,000
                  Inholdings, Emergencies, and Hardships       1,500,000
                 -------------------------------------------------------
                    Total, BLM Land Acquisition.........     $36,550,000
------------------------------------------------------------------------

                UNITED STATES FISH AND WILDLIFE SERVICE

                          RESOURCE MANAGEMENT

       The bill provides $1,296,770,000 for Resource Management. 
     Specific changes to the request and direction include:
       Endangered Species.--The bill provides $189,526,000 for 
     endangered species. Changes to the request include: (1) 
     Candidate conservation: $1,000,000 for sage grouse in western 
     states; (2) Listing: an increase of $1,000,000 to restore a 
     proposed general program reduction; and (3) Recovery: 
     $1,500,000 for competitive endangered species grants for 
     salmon to be administered by the National Fish and Wildlife 
     Foundation; $1,000,000 to continue the wolf livestock 
     demonstration program; $350,000 for Lahontan cutthroat trout; 
     $350,000 for Alaska sea eider; $3,000,000 for monitoring 
     white nose syndrome in bats; $4,000,000 to respond to rapidly 
     declining bird populations, which is $1,000,000 above the 
     request, and of which $2,000,000 is

[[Page 20593]]

     for endangered birds in Hawaii; and $3,000,000 for declining 
     species, which is $1,000,000 below the request. The 
     Committees on Appropriations encourage the Landscape 
     Conservation Cooperatives (LCCs) throughout the sage grouse's 
     historic range to leverage funding with State and Tribal 
     Wildlife grants to fill the critical science needs necessary 
     for the goals in the State plans. The Committees also 
     maintain support for Aplomado falcon and California condor 
     recovery and encourage continued support for these successful 
     recovery efforts.
       Habitat Conservation.--The bill provides $121,922,000 for 
     habitat conservation. Changes to the request include: (1) 
     Partners for fish and wildlife: $350,000 for the Maine lakes 
     milfoil project; $350,000 for historic Nevada steelhead and 
     salmon habitat; $350,000 for the Nevada Biological Resources 
     Research Center; $350,000 for the Natural Resources Economic 
     Enterprise program at Mississippi State University; and 
     $100,000 for the Resources First Foundation in Maine; (2) 
     Coastal program: $625,000 to restore a proposed general 
     program reduction and; (3) National wetlands inventory: 
     $250,000 to restore a proposed program reduction. The 
     Secretary is directed to designate a renewable energy 
     coordination office and develop permitting policies focused 
     on Endangered Species Act (ESA) compliance of renewable 
     energy projects on private lands. The Secretary is encouraged 
     to publish a rule under section 4(d) of the ESA during Fiscal 
     Year 2011 to address this concern.
       National Wildlife Refuge System.--The bill provides 
     $504,246,000. Changes to the request include: (1) Wildlife 
     and habitat management: $2,500,000 for challenge cost share 
     partnerships and $2,700,000 for general operations to restore 
     a proposed program reduction; (2) Refuge visitor services: 
     $1,000,000 for challenge cost sharing partnerships and 
     $1,000,000 for the volunteers program to restore a proposed 
     reduction; (3) Conservation planning: $1,000,000 to restore a 
     proposed reduction for refuge planning; and (4) Refuge 
     maintenance: $750,000 for the annual maintenance base program 
     and a decrease of $4,250,000 for deferred maintenance that 
     was for the Midway Atoll project and has been moved to the 
     line item construction account. FWS is urged to request 
     funding for large construction projects in the construction 
     account.
       Migratory Birds, Law Enforcement and International 
     Conservation.--The bill provides $133,281,000. Changes to the 
     request include the following: (1) Migratory bird management: 
     $1,000,000 for the joint venture program to restore a 
     proposed program reduction; (2) Law enforcement operations: 
     $2,000,000 to restore a proposed program reduction; (3) 
     International conservation: $150,000 for the Caddo Lake 
     RAMSAR Center and $1,000,000 for the Wildlife Without Borders 
     program to restore a proposed program reduction.
       Fisheries.--The bill provides $147,837,000. Changes to the 
     request include the following: (1) National fish hatchery 
     operations: $500,000 for freshwater mussel recovery and 
     $500,000 to restore a proposed hatchery program reduction; 
     and (2) Aquatic habitat and species conservation: $1,800,000 
     for the West Virginia Fish and Wildlife Conservation Office; 
     $1,000,000 for Hawaii invasive species; $1,500,000 for Lake 
     Tahoe region invasive mussel prevention; and $60,000 to 
     restore a proposed program reduction. Funding for sea otter 
     programs are maintained at the fiscal year 2010 level. FWS is 
     directed to continue managing snakehead fish and determining 
     the cause of cancer in bullhead catfish in the Potomac and 
     South River watersheds. FWS is urged to conclude its 
     California Bay-Delta Study by the National Academy of 
     Sciences in 2011.
       General Administration.--The bill provides $153,179,000. 
     Changes to the request include an increase of $750,000 to 
     restore a proposed program reduction and an additional 
     increase of $725,000 for operations and maintenance for the 
     National Conservation Training Center.
       General Guidance.--The Committees on Appropriations direct 
     that when the Secretaries of the Interior and Agriculture 
     implement wildlife and habitat conservation programs, the 
     departments have a clear roadmap that describes the: 1) roles 
     of these initiatives and programs in delivering conservation; 
     2) methodologies to be used; 3) conservation goals and 
     objectives; and 4) benchmarks of success, including using key 
     species and specific outcomes. The fiscal year 2012 budget 
     justifications for the Interior and Agriculture Departments 
     should include this information.
       Landscape Conservation Cooperatives (LCCs).--The 
     Secretaries of the Interior and Agriculture are encouraged to 
     develop a national steering committee to guide 
     implementation, methodologies and participation in the LCCs. 
     The steering committee should include representatives of 
     Federal, State and Tribal government agencies, non-government 
     organizations, congressionally-chartered conservation 
     foundations, local community planning organizations, and 
     private citizens. The LCCs should have specific, outcome-
     based benchmarks that link to the National Fish and Wildlife 
     Adaptation Strategy, which Interior is developing and the 
     best available science to identify key species within 
     landscapes to serve as indicators for conservation actions 
     within particular habitats.


                              CONSTRUCTION

       The bill provides $35,676,000 for construction. From within 
     this amount, the following is provided for line item 
     construction projects:

------------------------------------------------------------------------
               State                 Project Description   Funding Level
------------------------------------------------------------------------
                                    National Wildlife
                                     Refuge Projects.
AK................................  Kenai NWR-visitor         $2,448,000
                                     facility.
AR................................  Pond Creek NWR-            1,030,000
                                     maintenance shop.
CA................................  Don Edwards San            2,150,000
                                     Francisco Bay NWR--
                                     Salt Ponds
                                     restoration.
CA................................  Kern NWR-Poso Creek          550,000
                                     weir.
CA................................  San Luis NWR-water           245,000
                                     monitoring stations.
CNMI..............................  Mariana Trench               500,000
                                     Marine National
                                     Monument-visitor
                                     center planning and
                                     design.
HI................................  James Campbell NWR-        1,700,000
                                     visitor center
                                     planning and design.
MI................................  Detroit River              1,250,000
                                     International
                                     Wildlife Refuge
                                     Youth Wildlife
                                     Conservation Center.
MS................................  Theodore Roosevelt         1,000,000
                                     NWR-Holt Collier
                                     Visitor and
                                     Interpretive Center.
NV................................  Nevada-Large game            150,000
                                     water catchments.
WA................................  Turnbull NWR--Lower        1,250,000
                                     Pine Lake Dam.
PAC...............................  Midway Atoll NWR--         3,000,000
                                     seaplane hangar.
WV................................  Canaan Valley NW.--          750,000
                                     trails and
                                     suspension bridge.
WV................................  Ohio River Islands           250,000
                                     NWR--erosion
                                     control.
Mult..............................  NWRS Visitor               1,500,000
                                     Facility
                                     Enhancements.
Mult..............................  NWRS Green Energy          1,500,000
                                     Projects.
                                    National Fish
                                     Hatchery Projects:
AK................................  Matanuska-Susitna            500,000
                                     Borough-culvert and
                                     fish passage.
AZ................................  Alchesay NFH-water         2,439,000
                                     supply pipeline.
ME................................  Green Lake NFH-            1,300,000
                                     replace
                                     disinfection system.
MI................................  Jordan River NFH-            348,000
                                     photovoltaic energy
                                     strips.
Mult..............................  NFHS Visitor                 400,000
                                     Facility
                                     Enhancements.
Mult..............................  NFHS Green Energy            400,000
                                     Projects.
                                                         ---------------
                                      Total Line Item        $24,660,000
                                     Projects.
------------------------------------------------------------------------

                            LAND ACQUISITION

       The bill provides $101,925,000 for land acquisition to be 
     distributed as shown in the following table.

------------------------------------------------------------------------
              State                       Project             Amount
------------------------------------------------------------------------
AK...............................  Togiak National              $670,000
                                    Wildlife Refuge.
AK...............................  Yukon Delta National          285,000
                                    Wildlife Refuge.
AK...............................  Izembek National              500,000
                                    Wildlife Refuge EIS.
AL...............................  Cahaba River                  300,000
                                    National Wildlife
                                    Refuge.
AR...............................  Cache River National        3,000,000
                                    Wildlife Refuge.
CA...............................  Grasslands Wildlife         2,900,000
                                    Management Area.
CA...............................  Sacramento River              750,000
                                    National Wildlife
                                    Refuge.
CA...............................  San Diego National          1,325,000
                                    Wildlife Refuge.
CA...............................  San Joaquin River           2,500,000
                                    National Wildlife
                                    Refuge.
CA...............................  Stone Lakes National          750,000
                                    Wildlife Refuge.
FL...............................  St. Marks National          1,000,000
                                    Wildlife Refuge.
GA...............................  Savannah National           1,375,000
                                    Wildlife Refuge.
HI...............................  Hakalau Forest              6,000,000
                                    National Wildlife
                                    Refuge.
IA...............................  Neal Smith National           750,000
                                    Wildlife Refuge.
IL...............................  Cypress Creek                 500,000
                                    National Wildlife
                                    Refuge.
IL/MO............................  Middle Mississippi            500,000
                                    National Wildlife
                                    Refuge.
LA...............................  Red River National          1,000,000
                                    Wildlife Refuge.
LA...............................  Upper Ouachita              1,600,000
                                    National Wildlife
                                    Refuge.
MA/NH/VT/CT......................  Silvio O. Conte             6,000,000
                                    National Wildlife
                                    Refuge.
MD...............................  Blackwater National         2,500,000
                                    Wildlife Refuge.
MN...............................  Minnesota Valley              750,000
                                    National Wildlife
                                    Refuge.
MN/IA............................  Northern Tallgrass          1,500,000
                                    Prairie National
                                    Wildlife Refuge.
MN/WI/IA/IL......................  Upper Mississippi           2,500,000
                                    River National
                                    Wildlife & Fish
                                    Refuge.
MT...............................  Red Rock Lakes              2,000,000
                                    National Wildlife
                                    Refuge.
MT...............................  Rocky Mountain Front        5,900,000
                                    Conservation Area.
ND...............................  North Dakota                1,000,000
                                    Wildlife Management
                                    Area.
ND/SD............................  Dakota Tallgrass            3,000,000
                                    Prairie Wildlife
                                    Management Area.
NH/ME............................  Umbagog National            3,000,000
                                    Wildlife Refuge.
NJ...............................  Cape May National           1,500,000
                                    Wildlife Refuge.
NM...............................  Sevilleta National          1,000,000
                                    Wildlife Refuge.
OK...............................  Ozark Plateau                 500,000
                                    National Wildlife
                                    Refuge.
OH...............................  Ottawa National               750,000
                                    Wildlife Refuge.
PA...............................  Cherry Valley                 500,000
                                    National Wildlife
                                    Refuge.
PA/NY/NJ/CT......................  Highlands                   5,000,000
                                    Conservation Area.
SC...............................  Cape Romain National          380,000
                                    Wildlife Refuge.
SC...............................  Waccamaw National           2,000,000
                                    Wildlife Refuge.
TN...............................  Chickasaw National            350,000
                                    Wildlife Refuge.
TX...............................  Balcones Canyonlands        2,000,000
                                    National Wildlife
                                    Refuge.
TX...............................  Laguna Atascosa             1,000,000
                                    National Wildlife
                                    Refuge.

[[Page 20594]]

 
TX...............................  Lower Rio Grande            2,300,000
                                    Valley National
                                    Wildlife Refuge.
TX...............................  San Bernard National        4,000,000
                                    Wildlife Refuge.
TX...............................  Trinity River               1,000,000
                                    National Wildlife
                                    Refuge.
UT...............................  Bear River Migratory          800,000
                                    Bird Refuge.
VA...............................  Rappahannock River          1,000,000
                                    Valley National
                                    Wildlife Refuge.
WA...............................  Nisqually National          1,500,000
                                    Wildlife Refuge.
WA...............................  Turnbull National             990,000
                                    Wildlife Refuge.
WA...............................  Willapa National            1,000,000
                                    Wildlife Refuge.
WV...............................  Canaan Valley                 500,000
                                    National Wildlife
                                    Refuge.
                                                        ----------------
                                     Subtotal, Line          $81,925,000
                                    Item Projects.
------------------------------------------------------------------------
                                   Acquisition                11,000,000
                                    Management.
                                   User pay cost share.        2,000,000
                                   Exchanges...........        2,000,000
                                   Inholdings,                 5,000,000
                                    Emergencies, and
                                    Hardships.
                                                        ----------------
                                   Total, FWS               $101,925,000
                                    Acquisition.
------------------------------------------------------------------------

       The Sharkey Restoration Research Site, Delta NF.--The 
     Secretaries of the Interior and Agriculture are directed to 
     study and report back to the Committees on Appropriations 
     within 180 days of enactment, on potential exchange proposals 
     for approximately 1,700 acres currently managed by the U.S. 
     Fish and Wildlife Service in Sharkey County, Mississippi and 
     generally depicted on a map titled ``The Sharkey Restoration 
     Research Site, Delta NF'' for lands of equal or approximate 
     value managed by the U.S. Forest Service in Mississippi.


            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

       The Committee encourages the Service to continue its 
     efforts to clarify its policy regarding the Section 6 
     Cooperative Endangered Species Conservation Fund to ensure 
     that local funds and fees may be used to fulfill the 
     requirement for non-federal matching funds for HCP land 
     acquisition grants.


                MULTINATIONAL SPECIES CONSERVATION FUND

       The bill provides $12,000,000 for the Multinational Species 
     Conservation Fund. An increase of $1,000,000 above the 
     request shall be used for tiger conservation.

                         NATIONAL PARK SERVICE

                 OPERATION OF THE NATIONAL PARK SYSTEM

       The bill provides $2,298,577,000 for the Operation of the 
     National Park System. From within this amount, the bill makes 
     changes to the budget request as follows: $2,000,000 for 
     Ocean and Coastal Resource Stewardship; $500,000 for 
     Interpretive Media Transformation; $1,000,000 for the Expand 
     Land Use Management Program; $1,000,000 for Challenge Cost 
     Share Grants; $3,000,000 to consolidate workforce management 
     offices; and $16,011,000 for Centralized Information 
     Technology Costs. For the program to consolidate workforce 
     management offices, the Appropriations Committees will 
     consider an additional increase next year when progress can 
     be demonstrated. Additional funding above the request for 
     continued financial support of the concerts staged on the 
     Capitol grounds and for operating costs of Ford's Theater 
     have been provided in the National Recreation and 
     Preservation account.
       Cuyahoga Valley National Park.--The Service is encouraged 
     to work with surrounding communities by maximizing its 
     authority to support the local road system and to establish 
     maintenance priorities.
       Civil War Sesquicentennial.--The Service is urged to begin 
     preparations with stakeholders and to ensure that any 
     observance of the sesquicentennial of the Civil War is 
     inclusive and appropriately recognizes the experiences and 
     points of view of all people affected by the Civil War.
       Petersen House.--The Service is expected to complete the 
     project in fiscal year 2011.
       NPS/Flight 93 Memorial.--The Service is strongly encouraged 
     to devote the resources necessary to properly archive, 
     maintain, and preserve the invaluable collections, including 
     some 35,000 personal tributes and over 1,200 hours of audio 
     interviews, associated with this memorial.
       North Country National Scenic Trail.--The Service is 
     directed to submit a plan to the Appropriations Committees 
     within 120 days of enactment that outlines plans to move the 
     North Country NST staff to facilities in closer proximity to 
     the trail. The Service should not, however, plan to move the 
     Ice Age Trail NST staff from its current location.


                    PARK PARTNERSHIP PROJECT GRANTS

       The bill does not include funds for the Park Partnership 
     Project Grants. If, however, the Service chooses to use 
     Recreational Fee program funding to implement the Park 
     Partnership program, it is directed to ensure that projects 
     undertaken are fully consistent with the guidelines of the 
     Fee program.


                  NATIONAL RECREATION AND PRESERVATION

       The bill provides $67,958,000 for the National Recreation 
     and Preservation account. Specific directives are as follows:
       Cultural Programs.--The bill provides $4,000,000 for the 
     Japanese-American Confinement Site Grants program.
       Heritage Partnership Program.--The bill provides 
     $18,085,000, which is sufficient to provide grants to 
     authorized areas at the fiscal year 2010 level, not to exceed 
     $700,000 to areas with approved plans, $150,000 to areas 
     without approved plans and $300,000 for areas with recently 
     approved plans. The overall funding constraints faced this 
     year make necessary the imposition of a modest spending cap. 
     From this amount, the bill provides $1,009,000 for 
     administrative support.
       The Appropriations Committees are concerned that the 
     Service has completed only one of the National Heritage Area 
     evaluations authorized in Division II of the Omnibus Parks 
     and Public Lands Management Act of 1996. The Service is 
     encouraged to include in these evaluations the impact of 
     these areas on historic preservation, education, economic 
     development and the leveraging of public-private funding 
     according to the authorizing legislation and management plans 
     for the areas. Further, the Appropriations Committees 
     instruct the Service to continue to support these areas 
     whether or not the evaluations have been completed.
       Statutory or Contractual Aid.--The bill provides $3,850,000 
     for Statutory or Contractual Aid, including increased support 
     of the concerts staged on the Capitol grounds and for 
     operating costs of Ford's Theater. The funds provided are to 
     be distributed as follows:

------------------------------------------------------------------------
               State                       Project            Amount
------------------------------------------------------------------------
CA................................  Yosemite schools, PL        $400,000
                                     109-131.
DC................................  National Building            300,000
                                     Museum.
DC................................  Ford's Theater               300,000
                                     Operating Costs.
DC................................  Capitol Concert              350,000
                                     Series.
HI................................  National Tropical            500,000
                                     Botanical Garden,
                                     PL 111-11.
HI................................  Native Hawaiian              500,000
                                     Culture & Arts
                                     Program, PL 99-498.
NH................................  Lamprey Wild &               200,000
                                     Scenic River, PL 90-
                                     542.
NJ................................  Great Falls National         700,000
                                     Historical Park.
NY................................  Lower East Side              300,000
                                     Tenement Museum.--
                                     97 Orchard Street.
UT................................  Crossroads of the            300,000
                                     West Historic
                                     District.
                                                         ---------------
                                    Total, Line Item          $3,850,000
                                     Projects.
------------------------------------------------------------------------

       Civil War Sesquicentennial Grants.--The bill provides an 
     increase of $3,000,000 above the budgeted amount of 
     $1,500,000 for grants authorized by Public Law 111-11, Title 
     VII, Subtitle D, Section 7301(b). The additional funds are 
     directed for a competitive grant program to fund programs and 
     projects related to the sesquicentennial of the American 
     Civil War.


                       HISTORIC PRESERVATION FUND

       The bill provides $78,000,000 for the Historic Preservation 
     Fund. Specific directives are as follows:
       Save America's Treasures.--The bill includes $20,000,000 
     for Save America's Treasures, of which $10,675,000 is for 
     competitive grants. The balance of the Save America's 
     Treasures funds are to be distributed according to the 
     project list in the table entitled ``Incorporation of 
     Congressionally Requested Projects'' at the end of this 
     division.
       Historically Black Colleges and Universities.--The bill 
     includes $2,500,000 for this program. The Service is directed 
     to review, and report to the Committees on Appropriations on 
     the effect the match requirement has on this program and the 
     ability of the HBCUs to meet the most critical historic 
     preservation needs.


                              CONSTRUCTION

       The bill provides $197,105,000 for Park Service 
     Construction.
       Line Item Construction. The bill allocates funding for line 
     item construction projects and activities as follows:

------------------------------------------------------------------------
              State                 Project Description    Disposition
------------------------------------------------------------------------
AK...............................  Lake Clark National        $1,243,000
                                    Park and Preserve.
CA...............................  Golden Gate National        5,000,000
                                    Recreation Area
                                    (Alcatraz).
DC...............................  National Mall and          10,835,000
                                    Memorial Parks
                                    (National Mall
                                    water drainage
                                    system).
FL...............................  Big Cypress National        3,559,000
                                    Preserve.
FL...............................  Everglades National         8,000,000
                                    Park.
MI...............................  Keweenaw National             800,000
                                    Historical Park
                                    (Quincy).
MN...............................  Mississippi National        3,000,000
                                    River and
                                    Recreation Area.
MO...............................  Jefferson National          5,460,000
                                    Expansion Memorial.
NC...............................  North Shore Road....        4,000,000
NY...............................  Gateway National            6,541,000
                                    Recreation Area.
NY...............................  Statue of Liberty          25,263,000
                                    National Monument.
PA...............................  Flight 93 National          3,700,000
                                    Memorial (water and
                                    sewer
                                    infrastructure).
TN...............................  Great Smoky                   800,000
                                    Mountains National
                                    Park (Cosby
                                    wastewater).
TN...............................  Great Smoky                 3,500,000
                                    Mountains National
                                    Park (curatorial
                                    facility).
UT...............................  Bryce Canyon                3,052,000
                                    National Park.
WA...............................  Olympic National           20,000,000
                                    Park.
WY...............................  Yellowstone National        2,996,000
                                    Park.
VA...............................  Battle of New Market        1,000,000
                                    Heights Memorial
                                    and Visitor's
                                    Center.
                                                        ----------------
                                   Total, Line Item         $108,749,000
                                    Projects.
------------------------------------------------------------------------

       Dyke Marsh, George Washington Memorial Parkway, VA.--The 
     Service is directed to install boundary markers delineating 
     the Dyke Marsh in Northern Virginia to discourage hunting and 
     poaching in Federally protected wildlife areas.
       Potomac Heritage National Scenic Trail.--The Service is 
     directed to report within 60 days

[[Page 20595]]

     of enactment on a schedule for completion of a management 
     plan for this trail.
       Blytheville Aeroplex (AR).--The Service is directed to 
     complete a reconnaissance survey, within 12 months of 
     enactment, of the historic Blytheville Aeroplex site to 
     determine whether or not it is likely to meet established 
     criteria for inclusion as a park unit.
       Waco Mammoth National Monument, TX.--The Service is 
     directed to begin work on the Waco Mammoth National Monument 
     General Management Plan, subject to authorization of the site 
     as a unit of the National Park System.
       St. Croix National Scenic Riverway.--From within the funds 
     provided for General Management Plans, $200,000 is directed 
     for a boundary study of the St. Croix National Scenic 
     Riverway in Wisconsin and Minnesota.


                 LAND ACQUISITION AND STATE ASSISTANCE

       The bill provides $143,423,000 for land acquisition and 
     state assistance, to be distributed as shown in the following 
     table.

------------------------------------------------------------------------
  State                       Project                         Amount
------------------------------------------------------------------------
      AK   Glacier Bay National Park  Preserve..........      $1,700,000
      AK   Wrangell-St. Elias National Park and Preserve         500,000
      AZ   Petrified Forest National Park...............       5,890,000
        CA Golden Gate National Recreation Area.........       4,090,000
        CA Mojave National Preserve.....................       1,250,000
        CA Santa Monica Mtns. National Recreation Area..       3,000,000
        CO Sand Creek Massacre National Historic Site...         259,000
      GA   Chattahoochee River National Recreation Area.       2,200,000
      LA   Jean Lafitte National Historic Park and             1,500,000
            Preserve....................................
      MA   Minute Man National Historical Park..........       2,170,000
      MD   Catoctin Mountain Park.......................         640,000
   MD/DE   Captain John Smith National Historic Trail...         900,000
      ME   Acadia National Park.........................       1,764,000
      MI   Sleeping Bear Dunes National Lakeshore.......         380,000
      MN   Voyageurs National Park......................         367,000
      MS   Natchez National Historical Park.............         500,000
      NM   Pecos National Historical Park...............         810,000
      NY   Home of FDR National Historic Site...........       1,575,000
      NY   Saratoga National Historical Park............         650,000
      OH   Cuyahoga Valley National Park................       5,497,000
       SC  Congaree National Park.......................       1,400,000
      SD   Wind Cave National Park......................       4,557,000
      TN   Big South Fork National Recreation Area......         550,000
      TX   Palo Alto National Historic Site.............       2,000,000
      TX   San Antonio Missions National Historical Park       1,760,000
      VA   Captain John Smith National Historic Trail...       1,000,000
      VA   Prince William Forest Park...................       6,000,000
      VA   Fredericksburg and Spotsylvania National            1,758,000
            Military Park...............................
      VI   Virgin Islands National Park.................       2,250,000
      VT   Appalachian National Scenic Trail............         625,000
      WA   Ebey's Landing National Historical Reserve...       1,000,000
      WA   Mount Rainier National Park..................       1,543,000
      WV   New River Gorge National River...............       4,138,000
      WI   Ice Age National Scenic Trail................       2,000,000
      WI   St. Croix National Scenic Riverway...........         200,000
                                                         ---------------
      ...  Subtotal, Line Item Projects.................      66,423,000
------------------------------------------------------------------------
           Acquisition Management.......................      10,000,000
           Inholdings and Exchanges.....................       6,000,000
           Emergencies, and Hardships...................       5,000,000
           American Battlefield Protection Grants.......       6,000,000
                                                         ---------------
      ...  Total, NPS Land Acquisition..................      93,423,000
------------------------------------------------------------------------
            Assistance to States                             $50,000,000
    Stateside Conservation Grants.......................      47,200,000
           ``Stateside Grants''.........................      42,200,000
           Parks and Greenspace Demonstration Grants....      5,000,000
    Administrative expenses.............................       2,800,000
                                                         ---------------
        Total, NPS Land Acquisition and Assistance to       $143,423,000
         States.........................................
------------------------------------------------------------------------

       State Assistance Grants.-- The Secretary is directed to 
     provide $5,000,000 for a new, nationally competitive, 
     demonstration grant program using the authorities found in 
     Sections 3, 5 and 6 of P.L. 88-578. The Secretary is directed 
     to consider grant applications from States for projects 
     which: 1) connect communities to protected public and private 
     lands and natural resource assets through trails, open space, 
     greenways and blueways; 2) increase access for children and 
     youth to nature and the outdoors; and, 3) enhance open space 
     conservation and outdoor recreation resources in metropolitan 
     and urban areas. The Secretary should require at least a 30 
     percent match from recipients and favor grant applications 
     that engage multiple jurisdictions and multiple partners. The 
     Secretary is directed to report to the Appropriations 
     Committees on the design of the demonstration program prior 
     to issuing a formal ``Request for Proposals''.

                    UNITED STATES GEOLOGICAL SURVEY

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       The bill provides $1,154,179,000 for Surveys, 
     Investigations and Research. Changes to the request include 
     the following:
       Geographic Research, Investigations and Remote Sensing.--In 
     agreement with the request, an increase of $13,350,000 is 
     provided to support the Landsat Data Continuity Mission. The 
     Survey should work with the National Aeronautics and Space 
     Administration in the formulation of a follow-on to the 
     Landsat Data Continuity Mission to ensure continuity in 
     medium resolution land imagery of proven benefit for a broad 
     range of research and applied purposes.
       Geologic Hazards, Resources and Processes.--Increases to 
     the request include $1,000,000 for LIDAR and high risk 
     seismology activities; $1,350,000 for the Global 
     Seismographic Network; $500,000 for the Weston Observatory, 
     MA; $250,000 for the University of Hawaii, Manoa/Hawaii 
     Volcano Observatory research and monitoring partnership in 
     Hawaii; and $500,000 to continue the Nye County minerals 
     assessment project, NV.
       Water Resources Investigations.--Increases to the request 
     include $500,000 for Maryland coastal plain groundwater 
     monitoring; $500,000 for the Shelby County, TN groundwater 
     study, and $1,500,000 to conduct a hydrology study, in 
     cooperation with the Delaware River Basin Commission and 
     other partners, assessing the potential cumulative 
     environmental impacts of natural gas drilling in the 
     Marcellus Shale; $500,000 to continue the US-Mexico 
     Transboundary Aquifer Assessment Program; $400,000 to 
     continue the Survey's participation in the work of the Long 
     Term Estuary Assessment Group, LA; an additional $346,000 for 
     Lake Champlain Basin streamflow monitoring and toxic studies 
     to provide a total of $500,000 for those activities; $500,000 
     for water resources monitoring, investigations and research 
     in Hawaii; and $2,000,000 for endocrine disruptor research, 
     equally divided between the national water quality assessment 
     program and the toxic substances hydrology program. An 
     additional $1,000,000 for endocrine disruptor research is 
     provided in the biological research and monitoring activity, 
     as noted below.
       Biological Research.--Increases to the request include 
     $1,000,000 for San Francisco Bay salt ponds restoration 
     monitoring and research, $600,000 for tropical ecosystems and 
     watershed research; $350,000 to continue monitoring of 
     aquatic invasive species in the Columbia River Basin in 
     collaboration with Washington State University and its 
     partners; and $1,000,000 for endocrine disruptor research. 
     The bill continues the fiscal year 2010 funding levels of 
     support to coordinators of the national network of State 
     conservation data agencies and for the National Biological 
     Information Infrastructure.
       Facilities.--The bill provides $2,500,000 for construction 
     within deferred maintenance and capital improvement, but the 
     Survey should not create a separate activity for construction 
     as proposed in the budget request.
       Global Climate Change.--The Survey should clearly delineate 
     activities and funding for the National Climate Change and 
     Wildlife Science Center in future budget requests and 
     accomplishment reports.

     BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT


               (Formerly the Minerals Management Service)

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $436,003,000 for Royalty and Offshore 
     Minerals Management, an increase of $94,056,000 above the 
     fiscal year 2010 enacted level. This funding level is 
     partially offset with $154,890,000 in receipts and cost 
     recovery fees as requested and $60,000,000 from inspection 
     fees as provided by General Provision section 112.
       In response to the nation's greatest environmental 
     disaster, the BP-Transocean Deepwater Horizon oil disaster in 
     the Gulf of Mexico, this bill supports the Department's 
     efforts to reorganize and reform the former Minerals 
     Management Service. The bill provides significant increases 
     in all aspects of offshore energy development and production, 
     including inspections, leasing, environmental safeguards, 
     internal investigative capacity, and financial audits. 
     However, the bill differs from the Administration's September 
     2010 amended budget request in three areas:
       First, the budget amendment proposed to offset the 
     $100,000,000 budget increase by increasing OCS inspection 
     fees by $25,000,000, rescinding $25,000,000 from unobligated 
     balances intended to complete the OCS-Connect data system, 
     and prohibiting a $50,000,000 transfer for ultra-deepwater 
     research. The bill increases the OCS inspection fees by 
     $50,000,000; the $25,000,000 rescission of balances has 
     already been enacted in the continuing resolution (P.L. 111- 
     242).
       Second, the bill supports the addition of 217 positions 
     which, among other priorities, would double the size of the 
     OCS inspection workforce. However, since it will take time to 
     hire the new employees, the bill includes savings of 
     $8,254,000 below the request.
       Third, funding for studies, contracts, and consultants is 
     reduced from the requested $16,279,000 to $9,879,000, since 
     it will take time to implement the new organizations.
       The bill also provides all of the requested increases for 
     offshore renewable energy development and the costs 
     associated with the elimination of the royalty-in-kind 
     program. Bill language is also included allowing certain 
     transfers of funds in order to facilitate the Secretary of 
     the Interior's efforts to further reform the Bureau. Included 
     in the

[[Page 20596]]

     amount recommended for Resource Evaluation is $900,000 for 
     the Center for Marine Resources and Environment in 
     Mississippi.

                           OIL SPILL RESEARCH


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $11,768,000 for Oil Spill Research, an 
     increase above fiscal year 2010 of $5,000,000 for research 
     and $465,000 for staffing. Considering the BP- Transocean 
     Deepwater Horizon oil disaster, the Bureau needs a new 
     strategy and vision for oil spill research, including the 
     promotion of increased oil spill response capabilities, and 
     for oil spill financial responsibility certifications of 
     offshore platforms and pipelines. The Administration's budget 
     materials for fiscal year 2012 shall include and justify a 
     unified and coordinated Federal approach for oil spill 
     research that includes the Department of the Interior, the 
     Environmental Protection Agency, the Department of Energy, 
     the National Oceanographic and Atmospheric Administration and 
     the Coast Guard.

          OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

                    ABANDONED MINE RECLAMATION FUND

       Environmental Restoration.--The bill includes $4,559,000 to 
     be retained and distributed at the sole discretion of the 
     Secretary, either to address declared coal mine emergencies 
     in States without approved abandoned mine reclamation 
     programs, or to provide grants to cover catastrophic 
     situations in States with approved abandoned mine reclamation 
     programs.

        BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

                      OPERATION OF INDIAN PROGRAMS


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $2,404,029,000 for the Operation of 
     Indian Programs. Specific changes to the request and 
     direction are the following:
       Trust Natural Resources Management.--The bill provides 
     $170,075,000. Specific increases and direction to the request 
     include: Rights protection implementation: $2,000,000. The 
     Bureau of Indian Affairs (BIA) is directed to use this 
     increase to maintain the activities and their funding level 
     at fiscal year 2010 funding levels to conserve native 
     fisheries, wetlands and other natural resources. Tribal 
     management development program: $1,326,000 of which $500,000 
     is for the Cheyenne River Sioux Tribe's prairie management 
     program and $826,000 is a general program increase; Fish 
     Wildlife and Parks: $660,000 for hatchery operations.
       Education.--The bill provides $808,446,000. Specific 
     increases and direction to the request include: Indian School 
     Equalization Program: $800,000 to support funding for the 
     students and facilities necessitated by the addition of a new 
     school, as directed in the bill; Post Secondary Programs: 
     $2,651,000 of which $1,320,000 is for Haskell and 
     Southwestern Indian Polytechnic Institute, $886,000 is for 
     United Tribes Technical College and $445,000 is for Navajo 
     Technical College; Education Program Management: $500,000. 
     BIA is directed to use this increase to update the students 
     eligible for Johnson-O'Malley Program funding, in 
     coordination with the Department of Education, and in 
     consultation with the Tribes and report the results to the 
     Committees within 180 days of enactment of this Act. The 
     Committees urge BIA to reestablish the full-time permanent 
     Johnson-O'Malley coordinator position.
       Public Safety and Justice.--The bill provides $350,575,000 
     for public safety and justice. This includes the following 
     direction and changes from the request: Detention centers and 
     correction is provided $77,328,000; tribal law enforcement is 
     provided $19,774,000; and tribal courts is provided 
     $28,861,000. The bill does not provide the requested 
     $19,000,000 to fund Federal Bureau of Investigation (FBI) 
     personnel. During the public witness hearings, numerous 
     tribal leaders expressed concern about funding FBI agents out 
     of the BIA. The FBI has been provided direction and guidance 
     for funding these positions in another division in this Act. 
     The Department is urged to improve recruitment and retention 
     of BIA officers, correct wage grade inequities for BIA law 
     enforcement personnel and develop procedures to streamline 
     the hiring of officers from other bureaus.
       Coordination of Programs Between Agencies.--The Secretaries 
     of the Interior and Health and Human Services, the 
     Administrator for the Environmental Protection Agency and the 
     Chief of the Forest Service are directed to provide the 
     Committees within 90 days of enactment of this Act, a report 
     on: (1) How these agencies can use the consultation process 
     to streamline and coordinate grant programs and funding 
     opportunities for Native American programs under their 
     jurisdiction; and (2) opportunities for each agency and 
     bureau to enter into new compacts with Tribes under the 
     Indian Self Determination and Education Assistance Act.

                              CONSTRUCTION


                     (INCLUDING TRANSFER OF FUNDS)

       Education.--The bill provides $62,854,000 of which 
     $44,567,000 is provided for education facilities improvement 
     and repair.
       Detention Centers. --BIA is encouraged to consider 
     establishing regional detention centers at new or existing 
     facilities, such as the Shoshone-Bannock Tribes' Justice 
     Center. The Committees support efforts by the BIA and 
     Department of Justice (DOJ) to improve coordination for 
     constructing, staffing, and maintaining tribal detention 
     centers. The Committees encourage BIA and DOJ to work 
     together, and in consultation with the Tribes, through BIA's 
     Tribal Budget Advisory Committee to develop methodologies for 
     constructing tribal detention centers, including regional 
     detention centers, based on need and best use of resources. 
     The Department is strongly encouraged to update the 
     Committees, at least quarterly, on their achievements and 
     actions.

                          DEPARTMENTAL OFFICES

                        OFFICE OF THE SECRETARY


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $121,987,000. The Department is directed 
     to work collaboratively with interested parties, including 
     the Congress, States, local communities, Tribal governments 
     and others in making national monument designations.
       Additional Guidance.--Equal Access to Justice Act (EAJA) 
     Reporting.--The Department is directed to report annually to 
     the Appropriations Committees detailed information on the 
     amount of program funds being used, and a list of recipients, 
     for EAJA fee payments. The Committees direct that 
     these reports be made publically available.

                            INSULAR AFFAIRS

                       ASSISTANCE TO TERRITORIES

       The bill provides $88,507,000 for Assistance to 
     Territories. It includes $10,699,000, an increase of 
     $1,619,000, for the Office of Insular Affairs to implement 
     recommendations from the GAO report, ``Opportunities Exist to 
     Improve Interior's Grant Oversight and Reduce the Potential 
     for Mismanagement'' (GAO-10-347). The Office of Insular 
     Affairs should use the increase to hire qualified grants 
     specialists and evaluators who hold professional 
     certifications in accounting or engineering and also 
     establish a Guam Field Office.

                      COMPACT OF FREE ASSOCIATION

       The bill provides $5,318,000 and continues authority for 
     obligations related to the Palau compact of free association.

           OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

                         FEDERAL TRUST PROGRAMS


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $168,115,000. From within these funds 
     $7,900,000 is to reimburse litigation support costs incurred 
     by the Department of Justice due to the approximately 95 
     tribal trust claims filed against the Department of the 
     Interior.

                        DEPARTMENT-WIDE PROGRAMS

                        WILDLAND FIRE MANAGEMENT


              (INCLUDING TRANSFERS AND RECISSION OF FUNDS)

       The bill provides $825,452,000 for Department of the 
     Interior Wildland Fire Management, which is partially offset 
     by a rescission of $145,000,000 in unobligated balances from 
     previous appropriations. Included in this appropriation is 
     $287,968,000 in new budget authority for wildfire 
     suppression. There is also $96,000,000 in additional large 
     fire suppression funding in the FLAME Wildfire Suppression 
     Reserve Fund. These amounts for suppression, when added to 
     the $250,000,000 in balances carried over from fiscal year 
     2010, provides significantly more funding than has ever been 
     needed by the Department for wildland fire suppression 
     activities in any previous year.
       The Forest Service and the Interior Department must use 
     independent panels to examine every individual wildfire 
     incident which results in suppression expenses greater than 
     $10,000,000 and report these evaluations promptly to the 
     Congress and on agency websites.
       The Department is encouraged to train crews in Alaska, 
     particularly existing Native crews, to reduce the cost of 
     transporting fire crews from the continental U.S. to Alaska.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR


                     (INCLUDING TRANSFERS OF FUNDS)

       Longstanding general provisions are continued unless 
     otherwise noted and several new items are noted:
       Section 112 provides authority for the Bureau of Ocean 
     Energy Management, Regulation, and Enforcement to receive 
     offsetting collections for the costs of environmental and 
     safety inspections on off-shore oil and gas production 
     facilities.
       Section 114 makes permanent the joint ticketing authority 
     for the Pearl Harbor Naval Complex, HI.
       Section 115 establishes onshore inspection fees for oil and 
     gas energy production and authorizes the Bureau of Land 
     Management to collect such fees.
       Section 116 authorizes the Bureau of Land Management to 
     establish an oil and gas internet leasing program.
       Section 121, as proposed by the Administration, extends the 
     time period that the Department of the Interior has to review 
     an offshore oil and gas exploration plan. This will provide 
     more time to determine if statutory and regulatory 
     requirements are being met.
       Section 122 protects public lands within the Mojave Desert, 
     CA that were previously donated for the purpose of 
     conservation.

[[Page 20597]]

       Section 123 amends the distribution of geothermal receipts 
     to include counties where such receipts were generated.
       Section 124 ratifies a reconfiguration of Bureau of Land 
     Management lands in Nevada.
       Section 125 requires the Secretary of the Interior to make 
     recommendations on the recognition of a Native Hawaiian 
     governing entity.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         SCIENCE AND TECHNOLOGY

       The bill provides $852,197,000 for Science and Technology 
     programs and transfers $24,527,000 from the Hazardous 
     Substance Superfund account to this account. The bill makes 
     changes to the request by providing the following specific 
     funding levels and direction:
       Research: Clean Water.--Within the funds provided, 
     $8,350,000 is for green infrastructure research.
       Research: National Priorities.--The bill provides 
     $6,000,000, of which $5,000,000 shall be used for extramural 
     research grants to fund high-priority water quality and 
     availability research by not-for-profit organizations who 
     often partner with the Agency. Funds shall be awarded 
     competitively with priority given to partners proposing 
     research of national scope. The bill provides $1,000,000 for 
     the Southwest Consortium for Environmental Research Program. 
     The Agency is directed to allocate funds to grantees within 
     180 days of enactment of this Act.
       Research: Human Health and Ecosystems.--The bill provides 
     $257,738,000, of which $3,000,000 is directed for research 
     activities on the environmental impacts of subsea dispersant 
     use. The Agency is directed to provide a report to the 
     Appropriations Committees that details how funds will be 
     used. Funding for videoconferencing equipment has not been 
     included, and the bill includes the following additional 
     changes to the request:
       --A total of $22,983,000 for Research: Human Health and 
     Ecosystems STAR grants, equal to the enacted level;
       --A total of $8,700,000 for Endocrine Disruptor STAR 
     grants; and,
       --An increase of $3,000,000 for children's environmental 
     health research centers of excellence and for research on the 
     effects of environmental chemicals and toxins on children, 
     for a total of $9,580,000, to be distributed as in fiscal 
     year 2010.
       Computational Toxicology.--The Agency is directed through 
     its National Center for Computational Toxicology to continue 
     its efforts to develop ToxCast and to: (a) evaluate the 
     endocrine-relevant ToxCast assays using in vitro assays and 
     appropriate reference substances for assessing estrogen, 
     androgen, and thryoid systems; and (b) expand its 
     collaborations on proof of concept investigations of 
     toxicological pathways in the ToxCast program.
       International Partnership to Eliminate Lead Paint.--The 
     Appropriations Committees encourage the Agency, in 
     conjunction with the U.S. Department of State, to support the 
     establishment of a program to conduct education and outreach 
     in support of the goals of the international partnership and 
     to develop a third-party certification program for non-lead 
     paint for targeted introduction in countries with substantial 
     lead paint production.

                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       The bill provides $2,926,881,000 for Environmental Programs 
     and Management and makes changes to the request by providing 
     the following specific funding levels and direction:
       Air Toxics and Quality.--The bill provides $219,906,000, 
     which reflects a reduction of $1,000,000 due to an error in 
     the justification for Federal Support for Air Quality 
     Management. Within the amount provided, the Agency is 
     directed to spend not less than $800,000 for the Sunwise 
     program.
       Climate Protection Program.--The bill provides 
     $120,681,000, which includes a $1,000,000 increase over the 
     enacted level for the Energy Star program. This increase 
     shall only be directed to instituting corrective actions and 
     increasing controls associated with the Government 
     Accountability Office findings. The bill does not provide the 
     requested increase for videoconferencing equipment.
       Compliance.--The bill provides $109,117,000, which reflects 
     a reduction of $750,000 due to an unjustified and poorly 
     documented transfer between programs. It does not include the 
     requested resources in this account for Mississippi River 
     Basin activities.
       Enforcement.--The bill provides $264,158,000, which 
     reflects a reduction of $750,000 due to an unjustified and 
     poorly documented transfer between programs.
       Environmental Protection: National Priorities.--The bill 
     provides $17,000,000 for a competitive grant program to 
     provide rural and urban communities with technical assistance 
     to improve water quality and provide safe drinking water. 
     Grants shall be awarded on a competitive basis, and priority 
     for said grants shall be given to qualified not-for-profit 
     organizations whose activities are national in scope and are 
     supported by a majority of small community water systems or 
     currently provide assistance to private well owners. The 
     Agency is directed to allocate funds to grantees within 180 
     days of enactment of this Act.
       Great Lakes Restoration Initiative.--Consistent with the 
     request, the bill provides $300,000,000 to be allocated to 
     the five focus areas as follows:
       --Toxic Substances and Areas of Concern: $101,364,000, of 
     which $50,000,000 is for cleanup projects authorized by the 
     Great Lakes Legacy Act (Public Law 107-303);
       --Invasive Species: $43,303,000;
       --Nearshore Health and Nonpoint Source Pollution: 
     $54,402,000;
       --Habitat and Wildlife Protection and Restoration: 
     $60,377,000; and
       --Accountability, Education, Monitoring, Evaluation, 
     Communication and Partnerships: $40,554,000.
       Funding amounts for these focus areas are subject to a 
     reprogramming threshold of $5,000,000. The Agency is directed 
     to report quarterly to the Committees on Appropriations on 
     changes below the threshold. As the Agency implements the 
     Great Lakes Restoration Initiative (GLRI) in 2011, it is 
     directed to:
       1. accelerate the obligations and outlays given lessons 
     learned and protocols established in 2010;
       2. report funding decisions once agency allocations are 
     established;
       3. report quarterly on changes to agency allocations;
       4. minimize non-federal match requirements where 
     practicable;
       5. ensure funds transferred through interagency agreements 
     will supplement, not supplant, base program resources in 
     partner agencies;
       6. establish a process and consult with federal and non-
     federal stakeholders to fully consider all high-priority 
     restoration projects and before proposing large-scale 
     reallocations of funds;
       7. report the findings of the Scientific Advisory Board's 
     review of the restoration plan in Spring 2011;
       8. prioritize on-the-ground work that meets Action Plan 
     objectives and results in direct, beneficial ecological 
     outcomes even if doing so will significantly shift the size 
     and scope of projects funded and the distribution of funds;
       9. determine whether making larger or more geographically 
     concentrated grant awards will measurably improve ecological 
     outcomes, prior to awarding funds;
       10. prioritize funding for Asian Carp management 
     activities;
       11. provide an annual report by March 1, 2011 that details 
     program accomplishments and compares funding levels by Agency 
     on an annual basis; and
       12. use the Western Lake Erie Basin Partnership to engage 
     the various stakeholders, State, local and nonprofit entities 
     to work cooperatively in this watershed. Project funding 
     decisions in this basin should be made in coordination with 
     entities that maximize coordination with GLRI funded 
     projects.
       While the Action Plan assumes annual GLRI program funding 
     at $475,000,000 in future years, consideration of future 
     requests will depend on the Agency's ability to obligate and 
     outlay funds in a timely manner.
       Chesapeake Bay.--The bill provides $63,000,000 to improve 
     and accelerate the performance of Federal and State programs 
     to protect the Bay, and strengthen the regulatory and 
     accountability programs for controlling pollution from urban, 
     suburban and agricultural lands. From within this amount, the 
     bill provides $8,000,000 for nutrient and sediment removal 
     grants, $6,500,000 for Chesapeake Bay Extramural Operations, 
     $1,214,000 for CheasapeakeStat, and $4,000,000 for a 
     competitive grant program targeted to small watersheds. From 
     within the $2,000,000 increase provided for small watershed 
     grants, the Agency is directed to (1) support a $1,000,000 
     competitive grant program to fund projects identified in the 
     Highlands Action Plan, which will serve to continue the 
     Agency's commitment to protecting the Potomac Highlands 
     through conservation and ecological restoration initiatives; 
     and (2) allocate $1,000,000 to conduct a survey of local 
     government policies and programs used to control polluted 
     runoff from urban, suburban and agricultural lands within the 
     Bay's four largest watersheds. The Agency is directed to make 
     the results of these surveys public to assist local 
     government decision-makers with information on successful Low 
     Impact Development practices already in place, best 
     management practices aimed at improving water quality, better 
     implementation of existing policies, and road maps to help 
     counties and municipalities decide how best to reduce 
     pollution.
       Puget Sound.--The bill provides $50,000,000 to manage and 
     implement Washington State's Puget Sound Action Agenda, an 
     approved Comprehensive Conservation and Management Plan 
     (CCMP) under Section 320 of the Clean Water Act. Consistent 
     with proposals under consideration by the authorizing 
     committees, the Committees direct that an intended use list 
     to guide the activities and project funding to restore Puget 
     Sound be established. Such an intended use priority list, 
     which is similar to the intended use plans for the State 
     revolving funds, shall include, but not be limited to:
       (1) a prioritized list of specific activities and projects, 
     including programs, studies,

[[Page 20598]]

     and processes that will meet the goals and priorities of the 
     approved comprehensive conservation and management plan, and 
     a ranking of those priorities;
       (2) information on the activities and projects to be 
     supported, including terms of financial assistance, 
     communities served, and the identity of the recipients who 
     will receive financial or other assistance from the Agency to 
     carry out the activities and projects; and
       (3) the criteria and methods used to determine the 
     selection of activities, projects and recipients on the 
     priority list, and the ranking of projects on the list.
       The annual intended use list shall be created by the 
     Section 320 Agency designated by the State of Washington and 
     shall include an identification and determination of the 
     highest priority activities, projects and recipients 
     necessary to implement the CCMP. This list shall be made 
     available jointly by the Administrator and the Section 320 
     Agency for public comment prior to approval by the 
     Administrator. After considering public comments, the 
     Administrator shall review and approve the priority list upon 
     a determination that projects listed are consistent with the 
     goals and priorities of the approved comprehensive 
     conservation and management plan. If the Administrator finds 
     that the annual priority list is inconsistent with the CCMP, 
     the Administrator shall recommend alternatives to the Section 
     320 Agency, which shall then resubmit the annual priority 
     list for approval. Subject to the availability of funds, the 
     Administrator shall fund the projects that rank highest on 
     the priority list.
       The Committees direct the Agency to expeditiously obligate 
     funds, in a manner consistent with the authority and 
     responsibilities under Section 320 and the National Estuary 
     Program. Not more than $2,100,000 shall be used by the Agency 
     for intramural costs. In addition, and as in the prior year, 
     funds are provided for continued funding of the existing 
     competitive grant to manage the Action Agenda and development 
     of the intended use plan.
       San Francisco Bay Competitive Watershed Grants.--The bill 
     provides $7,000,000 to continue a competitive grant program 
     to improve habitat and water quality in the San Francisco 
     Bay. Priority shall be given to projects that restore 
     wetlands and other critical Bay wildlife habitat. The 
     Appropriations Committees believe that funding for other 
     types of water quality improvements, such as green 
     infrastructure and urban runoff, should be principally 
     addressed by other complementary programs such as the Clean 
     Water State Revolving Fund and categorical grant programs. As 
     in previous years, no less than a 25 percent match shall be 
     required; however, priority shall be given to grantees that 
     can demonstrate additional leverage. The Agency may retain up 
     to 5 percent of the funds for administrative purposes.
       Mississippi River Basin.--The bill provides $10,000,000 to 
     establish a new competitive grant program to target non-point 
     source and nutrient runoff in the Mississippi River basin. 
     The Agency is directed to target a few high priority 
     watersheds within the basin. Once selected, the Agency should 
     report to the Committees how activities focused on those 
     watersheds will improve water quality and reduce nutrient 
     runoff in the Basin. When selecting projects, the Agency is 
     directed to consider and give equal priority to projects 
     located in both the northern and southern Mississippi River 
     basin. The Committees on Appropriations direct the Agency to 
     coordinate with the Mississippi Department of Environmental 
     Quality to evaluate alternatives for developing a 
     comprehensive implementation plan to remedy the Mississippi 
     Delta region's water quality, nutrient loading and water 
     quantity concerns.
       Long Island Sound Program.--The bill provides $9,000,000 
     for the Long Island Sound environmental protection program. 
     Of the funds provided, $7,000,000 is to continue 
     environmental restoration activities and $2,000,000 may be 
     used at the discretion of the Administrator to initiate a 
     supplemental environmental impact statement to identify 
     potential disposal sites for dredged material in the eastern 
     Long Island Sound in conjunction with the U.S. Army Corps of 
     Engineers.
       Lake Champlain Basin Program.--The bill provides $4,000,000 
     for the Lake Champlain Basin Program to be distributed among 
     its longstanding grantees: the States of Vermont and New 
     York, the New England Water Pollution Control Commission and 
     the ECHO Lake Aquarium Science Center. The Agency is to 
     implement the program using sections 120 and 104(b)(3) of the 
     Clean Water Act.
       Information Exchange/Outreach.--The Agency shall follow the 
     statutory criteria when distributing the funds provided for 
     the environmental education program. Funding has not been 
     provided for either the proposed regional Centers of 
     Excellence or the proposed social networking increase.
       International Programs.--The Appropriations Committees 
     expect the Agency to use the funds provided to partner with 
     other nations to assess and map flows of global movement of 
     electronic waste from the United States and provide 
     electronic waste best practices through education and 
     demonstration projects in developing countries to strengthen 
     implementation of global programs for addressing electronic 
     waste.
       IT/Data Management/Security.--The bill does not provided 
     the increase requested for web capacity improvements.
       Operations and Administration.--The bill provides 
     $516,434,000 for this program, including reductions of 
     $3,768,000 to reflect efficiencies in rent, utilities and 
     security and a $1,000,000 program reduction for central 
     planning, budgeting and finance activities. The Agency may 
     reallocate reductions to rent, security or utilities as 
     appropriate.
       Pesticide Licensing and RCRA.--The bill has fully funded 
     all pesticide and RCRA activities, but has not included 
     funding for the videoconferencing equipment in either line 
     item.
       Water: Ecosystems.--Within the amounts provided, the bill 
     restores funding for the National Estuary Program to 
     $32,567,000, which provides $800,000 to each of the grantees 
     authorized by Section 320 of the Clean Water Act.
       Water: Human Health Protection.--Funding for 
     videoconferencing equipment has not been included.
       Water Quality Protection.--Within the amounts provided, the 
     bill includes $5,000,000 for the new Community Water 
     Priorities program to address water quality issues in urban 
     areas, including $2,000,000 for staffing and technical 
     assistance and $3,000,000 to initiate a demonstration grant 
     program to fund on-the-ground implementation activities in 
     selected communities. The bill does not provide funds for the 
     new Mississippi River water quality program within this 
     program-project as requested.
       Lake Tahoe Restoration Act Programs.-- Within the amounts 
     provided, the Committees direct the Agency to provide 
     adequate resources and staffing to fulfill its expanding role 
     of implementing environmental oversight and protection 
     programs authorized by the Lake Tahoe Restoration Act (Public 
     Law 106-506), as amended. The Agency is also directed to 
     provide detail on the base resources provided for Lake Tahoe 
     environmental activities as part of the budget request for 
     fiscal year 2012 and subsequent years.
       Sustainable Communities.--The bill provides $11,227,000 for 
     its Sustainable Communities initiative, equal to the 
     requested amount.
       Arsenic Reporting. The Committees on Appropriations direct 
     the Agency to do the following not later than 180 days after 
     the date of enactment of this Act: release an overdue report 
     mandated in P.L. 108-447; convene a working group composed of 
     representatives from States, small publicly owned water 
     systems, treatment manufacturers and other stakeholders; and, 
     in consultation with the working group, submit a report to 
     the Committees on: (1) barriers to the use of point-of-use 
     and point-of-entry treatment units, package plants (including 
     water bottled by the public water system) and modular units; 
     and (2) alternative affordability criteria that gives extra 
     weight to small, rural and lower income communities.
       Endocrine Disruptors (ED).-- The Agency is directed to: (1) 
     establish performance criteria for laboratories including, 
     demonstrations of standard based accuracy of controls, intra-
     assay viability and intra-laboratory variability in assay 
     results; (2) include endocrinologists in a peer review of the 
     results of the tier 1 assays; (3) take steps to ensure 
     laboratories performing tests pursuant to the Endocrine 
     Disruptor Screening Program minimize the use of animals and 
     use appropriate statistical calculations to justify usage; 
     (4) provide a detailed report to the Committees: (a) 
     describing coordination with the National Institute for 
     Environmental Health Sciences, and in particular how the 
     Agency has been working within the National Research 
     Council's Tox 21 framework in its ED research; (b) describing 
     the status of the eight chemical action plans; and (c) 
     describing how the ED research will provide the supporting 
     science for the Agency's regulatory efforts; and, (5) 
     evaluate the completed Tier 1 test chemicals in endocrine-
     relevant assays including estrogenic, androgenic and thyroid 
     assays in the ToxCast program as a proof of concept.

                        BUILDINGS AND FACILITIES

       The bill provides $38,001,000 for the Building and 
     Facilities account. The bill does not provide the requested 
     increase for videoconferencing equipment.

                     HAZARDOUS SUBSTANCE SUPERFUND


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,293,060,000 for the Hazardous 
     Substance Superfund account, and includes bill language to 
     transfer $10,156,000 to the Inspector General account and 
     $24,527,000 to the Science and Technology account as 
     requested. The bill provides the following additional 
     direction:
       Lawrence Aviation Industries, Inc. Superfund Site, NY.--The 
     Administrator is urged to continue to collaborate with all 
     interested parties including the Village of Port Jefferson to 
     further advance the remediation strategy at the site.
       Leech Lake Superfund Site, MN.-- Within 18 months of 
     enactment the Agency shall complete a comprehensive remedial 
     investigation of the St. Regis Paper Company Superfund site 
     in Cass Lake, MN. Within 90 days of completion of that 
     investigation, the Agency

[[Page 20599]]

     shall provide a report to the Committees detailing all 
     necessary actions for site remediation that is fully 
     protective of human health and the environment.

                           OIL SPILL RESPONSE

       The bill provides $18,468,000 for Oil Spill Response, as 
     requested. The Agency is directed to expeditiously implement 
     exemptions applying to large milk storage containers (1,320 
     gallons or more) from pending regulatory efforts, and report 
     to the Committees on Appropriations regarding the status of 
     providing such exemptions no later than 30 days after 
     enactment of this Act.

                   STATE AND TRIBAL ASSISTANCE GRANTS

       The bill provides $4,768,929,000 for the State and Tribal 
     Assistance Grants (STAG) program and makes changes to the 
     request by providing the following specific funding levels 
     and direction:
       Infrastructure Assistance.--The bill provides 
     $3,482,310,000 for infrastructure assistance, including 
     $1,898,000,000 for the Clean Water State Revolving Fund and 
     $1,206,000,000 for the Drinking Water State Revolving Fund.
       STAG Infrastructure Grants.--The bill provides $145,056,000 
     for infrastructure assistance grants. Bill language has been 
     included to incorporate these projects into law by reference 
     and to require a local match of 45 percent of the total 
     project costs. Project designations and technical corrections 
     to prior year project designations have been included as part 
     of the table entitled ``Incorporation of Congressionally 
     Requested Projects'' at the end of this division.
       Targeted Airshed Grants.--The bill provides $15,000,000 to 
     continue targeted emission reduction grants as in prior 
     years; funds shall be divided equally between the San Joaquin 
     Air Pollution Control District (CA) and South Coast Air 
     Quality Management District (CA) and shall be matched on at 
     least a one-to-one basis.
       Section 106 Grants.--The increase provided over the enacted 
     level should be used to supplement and not supplant State 
     investment in clean water programs. As part of the program 
     direction for these funds, the Agency is expected to maintain 
     and expand emphasis on water quality permitting and 
     enforcement as directed in fiscal year 2010 and report 
     annually to the Committees, by State, regarding specific 
     progress made to improve permitting and enforcement 
     activities as a result of this increase.
       Technical Corrections to Prior Year STAG Infrastructure 
     Grants.--The bill provides for the following technical 
     corrections to prior year infrastructure grants:
       AL--Item number 6 in Senate Report 111-38 for Fayette 
     County for the construction of a drinking water reservoir 
     shall be made available to the City of Cullman for the Duck 
     River Reservoir project;
       AR--Of the funds made available for items 49 in P.L. 108-7 
     and 55 in P.L. 108-199 for the Community Water System Public 
     Water Authority of Arkansas in Lonoke and White Counties for 
     the Green and Greers Ferry drinking water projects, 
     unliquidated balances shall be made available to Lonoke White 
     Public Water Authority for drinking water projects;
       CA--Item number 22 in House Report 109-188 for the 
     Georgetown (CA) Greenwood Lake Water Treatment Facility shall 
     be made available to the Georgetown Divide Public Utility 
     District for water infrastructure improvements;
       CO--Item number 103 in House Report 108-401 for the Town of 
     Rico for the construction of a wastewater treatment plant and 
     sewer system shall be made available for drinking water 
     system improvements;
       CT--Item number 55 in P.L. 111-8 for the Town of North 
     Haven's Wharton Brook Industrial Park and Todd Drive Area 
     Sewer Project shall be made available to the Town of North 
     Haven for water and wastewater infrastructure improvements;
       HI--Item number 77 in House Report 111-316 for Hawaii 
     County for the Hawaii Ocean View Estates drinking water 
     source development project shall be made available to the 
     County of Hawaii Department of Water Supply for the Kapulena 
     drinking water source development project;
       MO--Item number 154 in House Report 111--36 for the City of 
     Lee's Summit for a wastewater infrastructure improvements 
     project shall be made available for the City of Lee's Summit 
     for a drinking water and wastewater infrastructure 
     improvements project;
       MT--Item number 171 in House Report 111-316 for the Crow 
     Tribe in Crow Agency for wastewater infrastructure 
     improvements shall be made available for water and wastewater 
     infrastructure improvements;
       NY--Item number 206 in P.L. 111-8 for the Village of 
     Mamaroneck Drainage Improvement Projects shall be made 
     available to the Village of Mamaroneck for sewer system 
     improvements;
       OH--Item number 232 in P.L. 111-88 to the Trumbull County 
     Commissioners for wastewater infrastructure improvements 
     shall be made available for a Revolving Loan Fund;
       SC--Item number 233 in P.L. 110-161 for the City of Gaffney 
     Water Treatment Plant upgrade shall be made available to the 
     Gaffney Board of Public Works for sewer system improvements;
       TN--Item number 251 in the joint explanatory statement to 
     accompany Public Law 111-8 for Unicoi County for a well water 
     treatment plant improvements project shall be made available 
     to the Town of Erwin for the project;
       TX--Item number 245 in P.L. 110-161 for the City of 
     Grandview Elevated Water Storage Tank shall be made available 
     to the City of Godley for Water Storage Expansion;
       TX--Item number 458 in the joint explanatory statement to 
     accompany P.L. 108-199 for the Brazos River Authority for the 
     West Fort Bend County regional water treatment facility shall 
     be made available to the Cities of Rosenberg and Richmond for 
     a water supply project in West Fort Bend County;
       TX--Item number 388 in the joint explanatory statement to 
     accompany P.L. 108-447 for the Brazos River Authority for the 
     planning and design of the West Fort Bend County Regional 
     surface drinking water treatment plant shall be made 
     available to the Cities of Rosenberg and Richmond for a water 
     supply project in West Fort Bend County;
       WA--Item number 297 in House Report 111-316 for the Cowlitz 
     Public Utility District in Cowlitz County for replacement of 
     wastewater infrastructure shall be made available to Beacon 
     Hill Sewer District for drinking water infrastructure 
     improvements;
       WA--Item number 489 in House Report 108-401 for the Skagit 
     Public Utility District for sewer improvements for Similk 
     Beach shall be made available for general drinking water 
     infrastructure improvements; and
       WY--Item number 301 in the joint explanatory statement to 
     accompany P.L. 111-8 for Lincoln County for the water 
     treatment plant rehabilitation project shall be made 
     available to the Kemmerer/Diamondville Water and Wastewater 
     Joint Powers Board for that project.
       Multimedia Tribal Grants.--The Agency is directed to report 
     to the Appropriations Committees on eligible Tribal 
     recipients, the allocation of grant awards, and a description 
     of each project funded, 90 days after the grants are awarded.
       Climate Change Initiative Grants for Local Communities.--
     The bill includes $10,000,000 to continue this competitive 
     grant program, which provides assistance to local governments 
     to establish and implement climate change initiatives. The 
     Agency is directed to continue to follow the specific 
     guidelines contained in the explanatory statement 
     accompanying the fiscal year 2009 Omnibus Appropriations Act. 
     When evaluating grant applications, the Agency is encouraged 
     to consider applications from local governments and tribal 
     communities that partner with non-profit entities offering 
     innovative solutions to reduce greenhouse gases such as 
     carbon neutral product labeling and certification as part of 
     local and tribal climate change initiatives.
       Bill Language.--The bill continues language enacted in 2010 
     directing the Agency to provide: (1) not less than 30 percent 
     of the SRF funds with additional subsidization; (2) 20 
     percent of SRF funds for green infrastructure investments, 
     and (3) not less than 25 percent of Alaska Native Village 
     funds for projects in regional hub communities.
       Brownfields Technical Assistance Centers.--Within the funds 
     provided for State and Tribal Assistance Grants, $2,000,000 
     is included for the Agency's Technical Assistance to 
     Brownfields Communities program.

       ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY


              (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

       The bill continues administrative provisions from previous 
     years for Great Lakes transfers and pesticide fees. In 
     addition, bill language has been included to: (1) continue 
     specific wage requirements for the State Revolving Funds; (2) 
     authorize up to $2,448,000 for the Community Action for a 
     Renewed Environment program, which provides grants and tools 
     to communities to address local environmental problems; and 
     (3) rescind $10,000,000 from unobligated State and Tribal 
     Assistance Grant balances, as proposed in the request. The 
     Agency is directed to provide to the Committees a list of the 
     balances it proposes to rescind 15 days prior to the 
     rescission.

                      TITLE III--RELATED AGENCIES 

                       DEPARTMENT OF AGRICULTURE 

                            FOREST SERVICE 

       Operating Plan.--Except for as provided below, the Forest 
     Service is directed to provide an operating plan to the 
     Appropriations Committees within 30 days of enactment of this 
     Act that details final regional funding allocations for all 
     Service programs, including comparisons between fiscal years 
     2010 and 2011. The Service is directed to expedite the 
     allocation of funding for competitive programs to the field 
     and shall provide those allocations to the Committees no 
     later than 180 days after enactment. It is unacceptable for 
     the Service to submit a budget request that lacks regional 
     allocation tables; future budget justifications shall include 
     this basic information.
       Longleaf pine restoration.--The Forest Service is urged to 
     continue the longleaf pine restoration initiative through 
     various appropriations accounts, and to lead a submission of 
     a multi-agency, Federal cross-cutting funding table on this 
     work in the next budget request.

[[Page 20600]]



                     FOREST AND RANGELAND RESEARCH 

       The bill provides $314,254,000 for Forest and Rangeland 
     Research, which includes $66,939,000 for the Forest Inventory 
     and Analysis program, and increases above the request of 
     $4,500,000 for global climate change research, $400,000 for 
     the USFS Center for Bottomlands hardwood research in 
     Mississippi, and $500,000 for the durability housing 
     coalition, Mississippi State University. The Service shall 
     maintain the aspen free air CO2 enrichment 
     experiment as fully operational. The Service should also 
     accelerate efforts of the Pine Genome Initiative, and 
     collaborate with other interested USDA agencies and the 
     National Science Foundation and the Department of Energy.
       The Appropriations Committees are aware that the Service 
     has proposed a reorganization of the Pacific Southwest 
     Research Station, which will impact regional programs in 
     California, Hawaii and the Pacific Islands. The Service is 
     directed to ensure that this reorganization maintains and 
     strengthens the Institute of Pacific Islands Forestry (IPIF) 
     and fully supports the resources necessary for IPIF to carry 
     out its mission of tropical forestry and conservation 
     research.

                      STATE AND PRIVATE FORESTRY 

       The bill provides $323,142,000 for State and Private 
     Forestry. Funding within Federal lands forest health 
     management includes $1,034,000 for buffelgrass mitigation in 
     Arizona and $1,000,000 for work around the Cherokee NF and 
     Great Smoky Mountains NP, TN and NC. Cooperative forest 
     health management funding includes $2,000,000 to continue 
     pest and disease revolving fund activities as in fiscal year 
     2010. Within forest stewardship, $138,000 is designated for 
     land grant forestry equipment, NM. Urban and community 
     forestry funding includes $1,000,000 to continue the Seattle-
     Tacoma regional urban forestry initiative and there is an 
     increase of $2,000,000 above the request for the National 
     competitive urban area grants. The economic action program 
     funding includes: $1,000,000 to the USFS Region 5 to continue 
     the infrastructure assistance grants for small forest 
     products businesses in California; $1,000,000 for the 
     Washington Investment Board for economic development 
     activities in Oregon and Washington State, as authorized by 
     P.L. 99-663; $500,000 to the State of Vermont to continue the 
     forest products development grants and technical assistance; 
     and a $500,000 increase above the request for the Wood 
     Education and Resource Center in Princeton, WV, for technical 
     assistance and business development activities, for a total 
     of $1,460,000.
       The Forest Service should lead collaborative work on 
     emerald ash borer with the various Federal agencies and use 
     existing authorities to highlight tree replanting activities 
     that maximize employment and reforestation within areas 
     devastated by this pest. Urban forestry funding and technical 
     assistance should be provided to assist Northeastern Area 
     States, especially Minnesota, Wisconsin, Ohio, Illinois and 
     Michigan, in replacing trees and monitoring the spread of 
     emerald ash borer. The Administration and the USDA is 
     directed to use existing emergency authorities to release 
     USDA funds to assist impacted communities to respond to the 
     emerald ash borer emergency just as they have during previous 
     pest and agricultural emergencies.
       Forest Legacy.--The bill provides $89,785,000 for the 
     forest legacy program, of which $2,500,000 is derived from 
     prior-year unobligated funds. This includes $6,400,000 for 
     program administration and does not include the request for 
     ``New State Start-Ups''. The funds are to be distributed as 
     follows:

------------------------------------------------------------------------
           State                 Project Description          Amount
------------------------------------------------------------------------
                       AR   Maumelle Water Excellence...      $4,000,000
                         CA Chalk Mountain Area.........       2,000,000
                         CO Ben Delatour Scout Ranch....       4,000,000
                         CT Scantic River Headwaters           2,230,000
                             Project....................
                       DE   Chesapeake Headwaters.......       2,250,000
                       FL   Thomas Creek................       3,500,000
                      FSM   Yela Forest Watershed.......         530,000
                       GA   Ocmulgee WMA Expansion......       4,000,000
                       IA   Upper Iowa River Watershed..       1,500,000
                       ID   North Idaho Timberland             3,850,000
                             Communities................
                       IN   Discover Woods..............         850,000
                       KY   Big Rivers Corridor.........       3,250,000
                       MA   Brushy Mountain.............       5,000,000
                       ME   West Grand Lake Community          6,675,000
                             Forest.....................
                       MI   Crisp Point.................       5,000,000
                       MT   Clearwater..................       4,000,000
                        NC  Campbell Creek Watershed....       1,375,000
                       NH   Androscoggin Headwaters.....       4,100,000
                       NM   Vallecitos High Country.....       1,925,000
                       NY   Follensby Pond..............       2,350,000
                       PA   Little Bushkill Headwaters         2,500,000
                             Forest Reserve.............
                       SD   Blood Run...................       2,600,000
                       TN   North Cumberland                   4,000,000
                             Conservation Area..........
                       TX   Longleaf Ridge Conservation        1,600,000
                             Area.......................
                       UT   Green Canyon................       2,000,000
                       VT   Northern Green Mountains           3,300,000
                             Linkage....................
                       WA   Mt. St. Helens Forest.......       2,000,000
                       WI
                            Chippewa Flowage Forest.....       3,000,000
    Subtotal, Forest          ..........................      83,385,000
     Legacy projects......
                            Administration..............       6,400,000
                            Use of Prior Year Funds.....      -2,500,000
        Total, Forest         ..........................     $87,285,000
         Legacy...........
------------------------------------------------------------------------

                        NATIONAL FOREST SYSTEM 


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $1,618,743,000 for the National Forest 
     System. The bill does not provide funding for the integrated 
     resource restoration program as was requested; instead, 
     funding has been provided through the traditional budget 
     structure for forest products, vegetation and watershed 
     management and wildlife and fish habitat management programs. 
     The Service is expected to retain numerical program 
     performance targets, consistent with current programs, and 
     include these targets in the operating plan submitted to the 
     Congress.
       The bill includes $25,000,000 for a new, competitive 
     priority watersheds initiative to fund watershed restoration 
     projects on national forests. These projects should treat 
     landscapes that are at least 10,000 acres, fund restoration 
     needs that are developed and prioritized through a 
     collaborative process, and demonstrably create and maintain 
     forest product or restoration-related jobs. Performance 
     targets shall also be tracked and provided to the 
     Appropriations Committees for these selected projects. The 
     Service may also select a pilot region in which other 
     integrated resource restoration policy changes could be 
     tested using the traditional budget structure. To provide 
     additional flexibility, the Service may move up to 5% of that 
     pilot region's forest products, vegetation and watershed, 
     wildlife and fisheries and hazardous fuels funding to do 
     restoration projects without being subject to reprogramming 
     limitation. Pilot efforts may also build on the collaborative 
     forest landscape restoration fund and priority watershed and 
     job stabilization activities and should, if appropriate, 
     include legacy road and trail remediation projects in the 
     same watersheds. If an integrated management initiative is 
     offered again, it should integrate hazardous fuels funding, 
     road maintenance and decommissioning, and national forest 
     system vegetation, watershed and habitat enhancement 
     activities.
       The Forest Service is directed to provide the report 
     directed in the fiscal year 2010 Appropriations Act within 30 
     days of enactment of this Act, which outlines the process the 
     Service will use by region to ensure compliance with travel 
     management regulatory requirements, including those set forth 
     in CFR 212.5 and 212.55.
       Inventory and monitoring funding includes $1,000,000 for 
     the Southern Center for Natural Resource Inventory, 
     Monitoring and Evaluation at Mississippi State University to 
     collaborate with Federal and State agencies on new 
     technologies for gathering information on timber inventory, 
     carbon sequestration and threatened and endangered species. 
     Within the funds provided for vegetation and watershed 
     management, cooperative leafy spurge eradication activities 
     on the Dakota Prairie Grasslands and marijuana site 
     remediation activities shall continue at no less than the 
     fiscal year 2010 enacted level. The Service is expected to 
     continue timber pipeline funding for the Tongass National 
     Forest, AK, at no less than the enacted level. The Service is 
     expected to fund operations at the Land Between the Lakes 
     National Recreation Area, KY and TN, at no less than the 
     enacted level.
       The Service is directed to use the increase above the 
     enacted level for law enforcement to expand marijuana 
     eradication operations on national forest lands. Priority for 
     these funds shall be given to defraying support and aviation 
     costs associated with interagency drug operations and 
     expanding cooperative agreements with local law enforcement 
     agencies.
       The Forest Service should initiate a planning process for a 
     renewable energy development program to identify specific 
     areas appropriate for renewable energy development and select 
     development proposals. To ensure consistency, the Service 
     should harmonize its renewable energy development policies 
     with those adopted by the Bureau of Land Management, where 
     appropriate.

                  CAPITAL IMPROVEMENT AND MAINTENANCE 


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $544,547,000 for Capital Improvement and 
     Maintenance, offset by a $13,000,000 scoring credit related 
     to the Roads and Trails fund as in prior years. Facilities 
     maintenance includes an increase of $205,000 for the 
     Blanchard Springs visitor center, AR and facilities 
     construction includes an increase of $1,000,000 for phase I 
     of the Green Mountain NF headquarters, VT. Road construction 
     funding includes $1,500,000 for Tongass NF, AK and $880,000 
     for Monongahela NF, WV improvements within the amounts 
     provided. Trails maintenance funding includes $700,000 for 
     rehabilitation of

[[Page 20601]]

     trails and roads affected by the Station Fire, CA. The road 
     construction funding provides the engineering support 
     required for all Forest Service programs.
       The bill provides authority for the legacy road and trail 
     remediation program. The Service shall use legacy road and 
     trail remediation funding in a strategic effort to 
     decommission and fix roads and trails in environmentally 
     sensitive areas and focus on those areas where Forest Service 
     roads are contributing to water quality problems in streams 
     and water bodies which support threatened, endangered or 
     sensitive species. The legacy road and trail remediation 
     program is a key part of integrated forest restoration 
     activities. The Service should utilize public input to help 
     select legacy road and trail projects, report back to the 
     Appropriations Committees on the selected projects, and 
     display the selection process, implementation activities, and 
     anticipated benefits (including habitat, water quality and 
     jobs created) on the agency's web site. The Service should 
     accelerate planning of the minimum road system needed on each 
     forest, and focus maintenance on environmentally sensitive 
     areas and areas of substantial use. The legacy road and trail 
     remediation program should integrate watershed, habitat and 
     transportation planning needs and complement other Service 
     activities needed to help restore sensitive watersheds.
       The Forest Service is encouraged to support the maintenance 
     and upkeep of existing recreational airstrips through 
     cooperation with interested groups; the Service should 
     consider constructing additional airstrips, where 
     appropriate, to increase access to remote Federal lands.

                            LAND ACQUISITION

       The bill provides $73,489,000 for land acquisition, to be 
     distributed as follows:

------------------------------------------------------------------------
       State                        Project                     Amount
------------------------------------------------------------------------
               AK   Tongass National Forest--Cube Cove.....   $3,500,000
               AZ   Coconino National Forest--Packard Ranch      935,000
                     Phase III.............................
               AZ   Coconino National Forest--Shield Ranch.    1,500,000
                 CA Humboldt-Toiyabe National Forest--         1,900,000
                     Summers Meadows.......................
                 CA Shasta-Trinity National Forest--Stony      1,300,000
                     Creek Consolidation...................
                 CA Six Rivers National Forest.............    1,000,000
                 CA Tahoe/El Dorado National Forests.......    4,500,000
                 CO Arapaho National Forest--Little Echo         950,000
                     Lake..................................
                 CO Uncompahgre National Forest--Ophir         1,000,000
                     Valley................................
               GA   Chattahoochee-Oconee National Forest--     1,200,000
                     Georgia Mountains.....................
               ID   Clearwater National Forest--Upper          1,000,000
                     Lochsa................................
               ID   Salmon--Challis National Forest--Idaho     1,000,000
                     Wilderness Wild & Scenic Rivers--
                     Morgan Ranch..........................
               IN   Hoosier National Forest................      255,000
         ID/MT/WY   Caribou-Targhee National Forest--          2,000,000
                     Greater Yellowstone...................
               MI   Hiawatha and Ottawa National Forests--     2,300,000
                     Great Lakes/Great Lands...............
               MN   Superior/Chippewa National Forest--        1,400,000
                     Minnesota Wilderness..................
               MO   Mark Twain National Forest--Missouri       1,100,000
                     Ozarks Current River Project..........
               MT   Flathead/Lolo National Forest--Montana     6,000,000
                     Legacy Completion.....................
               MT   Lewis & Clark National Forest              4,000,000
                     Tenderfoot............................
                NC  Pisgah National Forest.................    1,800,000
               OR   Wallowa Whitman National Forest--Hells     3,284,000
                     Canyon NRA............................
            OR/WA   Siuslaw/Wallowa Whitman National           1,500,000
                     Forest--Pacific NW Streams............
               SD   Black Hills National Forest--Lady C          765,000
                     Ranch.................................
               TN   Cherokee National Forest--Rocky Fork...    6,000,000
               UT   Uinta-Wasatch-Cache National Forest--        500,000
                     High Uintas...........................
               UT   Bonneville Shoreline Trail.............      750,000
               WA   Columbia River Gorge National Scenic         850,000
                     Area..................................
               WA   Wenatchee National Forest--Washington      1,500,000
                     Cascade Ecosystem--Big Creek..........
               WA   Olympic National Forest................    1,200,000
               WA   Pacific Crest National Scenic Trail....    1,500,000
               WI   Chequamegon-Nicolet National Forest....    2,000,000
               WV   Monongahela National Forest............    1,000,000
        Subtotal,   59,489,000.............................
     Line Item
     Projects.....
                    Acquisition Management.................    9,000,000
                    Equalization...........................    1,000,000
                    Inholdings.............................    4,000,000
                                                            ------------
                      Total, FS Land Acquisition...........   73,489,000
------------------------------------------------------------------------

       The Sharkey Restoration Research Site, Delta NF.--The 
     Secretaries of the Interior and Agriculture are directed to 
     study and report back to the Committees on Appropriations 
     within 180 days of enactment, on potential exchange proposals 
     for approximately 1,700 acres currently managed by the U.S. 
     Fish and Wildlife Service in Sharkey County, Mississippi and 
     generally depicted on a map titled ``The Sharkey Restoration 
     Research Site, Delta NF'' for lands of equal or approximate 
     value managed by the U.S. Forest Service in Mississippi.

                       WILDLAND FIRE MANAGEMENT 


              (INCLUDING TRANSFERS AND RECISSION OF FUNDS)

       The bill provides $2,127,922,000 for Forest Service 
     Wildland Fire Management, which is partially offset by a 
     rescission of $155,000,000 in unobligated balances from 
     previous appropriations. The bill accepts the proposal to 
     move $333,000,000 into preparedness, which in prior years was 
     funded within suppression. The bill also provides within this 
     appropriation $595,000,000 in new budget authority for 
     wildland fire suppression; there is an additional 
     $291,000,000 for the FLAME Wildfire Suppression Reserve Fund 
     in that appropriation account. These amounts for suppression, 
     when added to substantial fire suppression balances carried 
     over from fiscal year 2010, provide significantly more 
     funding than has been needed by the Service in any previous 
     year.
       The Forest Service shall maintain preparedness resources at 
     no less than the fiscal year 2010 enacted level and, if 
     necessary, adjust preparedness and suppression allocations 
     accordingly to fully fund those activities. The Secretary of 
     Agriculture shall notify the Committees on Appropriations in 
     writing prior to making such a funding shift. This 
     flexibility shall also be utilized if the Secretary 
     determines that an adjustment is necessary to address 
     emergent preparedness needs such as aviation contracts or 
     retention initiatives as detailed below.
       The Service has not yet fully addressed firefighting 
     challenges in high-cost, high-risk areas such as Region 5; 
     the Service shall provide a status report within 30 days of 
     enactment of this Act regarding efforts to update and expand 
     a special firefighting pay rate for the region, including 
     associated costs.
       The Forest Service is currently reviewing policies related 
     to nighttime aerial firefighting operations and a decision 
     may soon be made about whether to acquire the capability and 
     resources to fly rotary and fixed-wing aircraft at night. The 
     Service is directed to provide a report detailing proposed 
     policy and program changes, along with associated costs, 
     related to night flying within 30 days of enactment of this 
     Act. Night flying activities may be funded within the fire 
     suppression appropriation if necessary.
       The Appropriations Committees remain concerned that the 
     Forest Service still does not have a plan to replace its 
     aging fleet of air tankers and the Committees expect the 
     Service to develop a concrete plan to start fielding 
     replacement aircraft by the fiscal year 2012 fire season. The 
     Forest Service should, in conjunction with the Department of 
     the Interior, collaborate with the Department of Defense to 
     develop a report governing planning for an effective aviation 
     resource base to support wildland fire management programs of 
     the future. A close partnership among the Air Force, the Air 
     National Guard, and the wildland fire management agencies is 
     an essential element to provide for safe and effective fire 
     fighting capacity needed to protect communities and natural 
     resources in a most efficient manner.
       The increase provided above the requested level for 
     hazardous fuels reduction shall be targeted to areas in the 
     wildland-urban interface that face a high risk of 
     catastrophic wildfire due to population density and fuel 
     loading. The bill provides no less than the requested level 
     of $26,200,000 to fund Quincy Library Group (QLG), CA, 
     activities in fiscal year 2011. The Forest Service shall 
     treat 33,000 acres in fiscal year 2011 through mechanical 
     thinning, including approximately 20,000 acres within the 
     Plumas National Forest. If the Service anticipates that it 
     may not achieve these targets, it shall promptly inform the 
     Committees on Appropriations and provide a strategy to make 
     up as much acreage as soon as possible within the QLG area.
       The bill provides a total of $5,000,000 within the State 
     fire assistance activity to the South Tahoe Public Utility 
     District to continue the community fire protection project 
     for the Lake Tahoe Basin. The bill also supports the State 
     fire assistance program request that $5,000,000 is designated 
     for Fire Safe Councils in California for fire risk reduction 
     activities. The Forest Service and Department of the Interior 
     should work together to develop consistent application and 
     award procedures for grants to the California Fire Safe 
     Councils.
       The Forest Service and the Interior Department must use 
     independent panels to examine every individual wildfire 
     incident which results in suppression expenses greater than 
     $10,000,000 and report these evaluations promptly to the 
     Congress and on agency websites.

               ADMINISTRATIVE PROVISIONS, FOREST SERVICE


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill includes administrative provisions similar to 
     previous years. In addition, language has been included 
     limiting the amounts of funds available for internal 
     administrative assessments known as cost pools.

[[Page 20602]]



                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         INDIAN HEALTH SERVICE

                         INDIAN HEALTH SERVICES

       The bill provides $3,961,187,000 for Indian Health 
     Services. The bill contains the following changes and 
     directions:
       Clinical Services.--Within the funds provided for clinical 
     services, a reduction of $100,000 to the Alcohol and 
     Substance Abuse program provides $205,670,000 for that 
     activity. The Mental Health activity is provided $77,176,000, 
     an increase of $100,000 above the budget request, which the 
     Indian Health Service (IHS) is directed to use to develop a 
     comprehensive strategic plan for the reform and improvement 
     of mental health services throughout Indian Country. IHS is 
     directed to provide the completed plan to the House and 
     Senate Committees on Appropriations by July 31, 2011.
       Electronic Dental Record.--IHS is directed to use a portion 
     of its health information technology funds to expedite 
     deployment of the electronic dental record (EDR) system. 
     Within 90 days of enactment of this Act, IHS is directed to 
     provide a detailed schedule for implementation of EDR within 
     the current funding level.
       Indian Health Care Improvement Fund.--IHS is directed to 
     give priority in distributing the Indian Health Care 
     Improvement Fund to those units currently operating with less 
     than 45 percent of their estimated need before it allocates 
     any additional funds to units with more than 45 percent of 
     their need currently funded.
       Indian Health Professions.--In agreement with the budget 
     request, the Recruitment and Retention of American Indians 
     into Nursing program, the Indians into Psychology program, 
     and the Indians into Medicine program are to be supported at 
     no less than their current funding levels.
       IHS Recruitment and Retention.--Within 90 days of enactment 
     of this Act, IHS should provide a report to the House and 
     Senate Committees on Appropriations that evaluates its 
     current efforts to address the critical shortage of trained 
     health care professionals throughout Indian Country and 
     recommends new strategies for tackling this longstanding 
     problem. Issues of low pay, a cumbersome federal hiring 
     process, and inadequate housing are just a few of the items 
     that should be considered as a part of the report.


                        INDIAN HEALTH FACILITIES

       The bill provides $445,242,000 for the Indian Health 
     Facilities account. Within 90 days of enactment of this Act, 
     IHS is directed to provide a detailed report to the House and 
     Senate Committees on Appropriations that examines the causes 
     for the high unobligated balances in this account and 
     includes recommendations for using these balances in a more 
     timely manner. In future budget requests, IHS is encouraged 
     to build on successful programs, such as joint venture and 
     small ambulatory grants, and work with tribes to explore 
     other innovative funding alternatives that could be made 
     available to address the backlog of construction projects 
     throughout Indian Country.

            AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

       The Appropriations Committees direct ATSDR to report the 
     results of its indirect cost methodology study as soon as the 
     final report is available. Until a new formula is determined, 
     the Committees expect the administrative charges will be no 
     greater than the amount charged in fiscal year 2010.

                         OTHER RELATED AGENCIES

             CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD


                         SALARIES AND EXPENSES

       The bill provides $13,147,000 for the Chemical Safety and 
     Hazard Investigation Board (the Board). Within this amount, 
     the bill provides $2,000,000 to investigate and provide a 
     thorough report on the root causes of the BP-Transocean 
     Deepwater Horizon disaster. The Board shall use the funds to 
     hire subject matter experts and additional inspectors to term 
     employments in order to build expertise related to offshore 
     drilling practices, and should issue interim reports as 
     appropriate that would serve to articulate findings that may 
     have led to the catastrophic failure of the blowout preventer 
     on April 20, 2010.

                        SMITHSONIAN INSTITUTION


                         SALARIES AND EXPENSES

       The bill provides a total of $797,600,000 for all 
     Smithsonian Institution accounts, of which $660,850,000 is 
     provided for salaries and expenses. The Smithsonian is 
     directed to use $250,000 from within that amount to continue 
     activities under the Civil Rights History Project Act of 2009 
     in cooperation with the Library of Congress.

             JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

                       OPERATIONS AND MAINTENANCE

       The bill provides $23,500,000 for the Operations and 
     Maintenance of the Kennedy Center. Bill language has been 
     included to amend P.L. 111-88 to make $500,000 of that 
     appropriation available for the general purposes of this 
     account until September 30, 2011.

             NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

                    NATIONAL ENDOWMENT FOR THE ARTS

                       GRANTS AND ADMINISTRATION

       The bill provides $170,000,000 for the National Endowment 
     for the Arts (NEA). Within this amount the Committees direct 
     that the Big Read be funded at no less than $3,000,000. As 
     has been the case in prior years, Sections 309 and 311 of 
     Public Law 108-447, as amended, are incorporated by reference 
     into this bill. These provisions provide the grant guidelines 
     and program priorities under which NEA is directed to 
     operate, including a requirement to place priority on 
     reaching underserved populations, including urban minorities, 
     and a prohibition on direct grants to individual artists.

                 NATIONAL ENDOWMENT FOR THE HUMANITIES

                       GRANTS AND ADMINISTRATION

       The bill provides $170,000,000 for the National Endowment 
     for the Humanities (NEH). The NEH is encouraged to include 
     Native American communities in the Bridging Cultures 
     initiative and work with tribes in the preservation of Native 
     American languages. The NEH should provide a report to the 
     Committees that examines the feasibility of developing a 
     collaborative student/faculty grant program within existing 
     funds, and provides a plan for its implementation.

               NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

       Title IV General Provisions includes a section which 
     increases the annual authorization to $12,000,000.

                      TITLE IV GENERAL PROVISIONS


                     (INCLUDING TRANSFERS OF FUNDS)

       Longstanding general provisions are continued unless 
     otherwise noted and several new items are noted:
       Section 417 continues, for one more year only, language 
     limiting the ability of the Secretary of Agriculture to 
     increase certain Forest Service recreation residence fees.
       Section 418 continues a provision from the fiscal year 2010 
     Act, with slight modifications, requiring the President to 
     report on climate change expenditures by agency.
       Section 419 amends the authorization for the National 
     Capital Arts and Cultural Affairs program by increasing the 
     annual authorization to $12,000,000.
       Section 422 authorizes, within the Environmental Protection 
     Agency, the San Francisco Bay restoration grant program.
       Section 424 continues bill language concerning border 
     security and environmental mitigation accountability. Within 
     180 days of enactment of this Act, the GAO is directed to 
     examine whether and what type of conflicts arise among the 
     Department of the Interior, the U.S. Forest Service, and the 
     Department of Homeland Security while enforcing established 
     laws on the border.
       Section 425 clarifies previous ``incorporation by 
     reference'' language contained in the fiscal year 2009 and 
     2010 Interior, Environment, and Related Agencies 
     Appropriations Acts.
       Section 426 rescinds $160,000,000 in previously 
     appropriated emergency wildland fire suppression funds from 
     the Department of the Interior, Wildland Fire Management 
     account.
       Section 427 rescinds $140,000,000 in previously 
     appropriated emergency wildland fire suppression funds from 
     the Department of Agriculture, Forest Service, Wildland Fire 
     Management account.

     TITLE V--SACRAMENTO--SAN JOAQUIN DELTA NATIONAL HERITAGE AREA

       Title V of this division authorizes the Sacramento-San 
     Joaquin Delta National Heritage Area in California.

             TITLE VI--NATIONAL WOMEN'S HISTORY MUSEUM ACT

       Title VI of this division authorizes the Administrator of 
     the General Services Administration to convey a parcel of 
     real property in the District of Columbia to provide for the 
     establishment of the National Women's History Museum. The 
     General Services Administration is directed to include in its 
     agreement for conveyance of the property to the Museum a 
     provision that the Museum will submit siting and building 
     plans to the National Capital Planning Commission for review 
     and approval.

                       TITLE VII--MONTANA FORESTS

       Title VII authorizes certain forest management activities 
     and designations on national forests in Montana.

          INCORPORATION OF CONGRESSIONALLY REQUESTED PROJECTS

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   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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   DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

       Following is an explanation of the effects of Division H, 
     which makes appropriations for the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies for fiscal year 2011. As provided in Section 4 of 
     the consolidated bill, this explanatory statement shall have 
     the same effect with respect to the allocation of funds and 
     the implementation of this division as if it were a joint 
     explanatory statement of a committee of conference.
       Funding levels for individual programs and activities 
     within the accounts in this division are displayed in the 
     detailed table at the end of this division of the explanatory 
     statement. Where applicable, additional details regarding 
     funding levels are provided in the text and tables below.
       Within this division, references to ``the bill'' apply only 
     to Division H of the consolidated bill.
       With respect to matters other than allocation of funds 
     among programs, projects and activities, Departments and 
     agencies should follow guidance contained in Senate Report 
     111-243, except to the extent that such guidance is modified 
     or overridden in this explanatory statement. Any intended 
     guidance with respect to allocation of funds is reflected in 
     this statement and the accompanying tables, or in the bill 
     itself.
       Where this statement or Senate Report 111-243 directs or 
     requests the submission of a report, the report should be 
     submitted to the Committees on Appropriations of both the 
     House of Representatives and the Senate.
       Section 516 sets forth the reprogramming requirements and 
     limitations for the Departments and agencies funded through 
     this division, including the requirement to make a written 
     request to the Committees on Appropriations 15 days prior to 
     reprogramming, or to the announcement of intent to reprogram, 
     funds in excess of 10 percent, or $500,000, whichever is 
     less, between programs, projects and activities.
       Departments and agencies funded in this division shall 
     submit statements on the effect of this Act to the Committees 
     on Appropriations within 45 days of enactment of this Act, 
     pursuant to section 518. The Committees expect that these 
     statements will provide sufficient detail to show the 
     allocation of funds among programs, projects and activities, 
     particularly in accounts where the final appropriation is 
     different than that of the budget request. Further, these 
     statements shall also include the effect of the appropriation 
     on any new activities or major initiatives discussed in the 
     budget justifications accompanying the fiscal year 2011 
     budget.

                                TITLE I

                          DEPARTMENT OF LABOR

       Funding levels for programs within the Department of Labor, 
     along with comparisons to last year's levels and the budget 
     request, are shown in the table at the end of this division. 
     Any allocations of funding beyond the level of detail in that 
     table are indicated below.

                 Employment and Training Administration

       Workforce Innovation Funds.--Within the total for grants to 
     States, the bill includes $165,000,000 to fund competitive 
     grants for workforce innovation activities. Grant activities 
     should test innovative strategies or replicate proven 
     practices that support reforms of the workforce investment 
     system and substantially improve employment and education 
     outcomes for participants, particularly those who are hardest 
     to serve. With respect to grantee eligibility and priority 
     for selecting grant applicants, the Department should follow 
     guidance contained in Senate Report 111-243.
       Migrant and Seasonal Farmworkers.--The Department of Labor 
     is directed to submit annual reports to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     documenting the use of farmworker housing funds. The reports 
     should include information on the amount of funds used for 
     permanent and temporary housing activities, respectively; a 
     list of the communities served; a list of the grantees and 
     the States in which they are located; the total number of 
     individuals or families served; and a list of allowable 
     temporary housing activities.
       Pilots, Demonstrations and Research.--The bill includes 
     funding for the following projects in the following amounts:

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       Job Corps.--The Secretary of Labor is directed to use 
     authority provided in the bill to transfer up to 25 percent 
     of construction funds to meet the operational needs of Job 
     Corps Centers.
       Job Corps Centers provide enormous benefits to the 
     communities they serve in the form of employment 
     opportunities associated with the center as well as education 
     and training opportunities for the disadvantaged youth housed 
     there. For this reason, the timely opening of newly 
     constructed centers is of the utmost importance. The 
     Department's process and proposed timelines for opening newly 
     constructed centers for students is too slow. More effort 
     needs to be made to expedite this process to ensure that the 
     promise offered by a new center is delivered to the affected 
     community quickly. To that end, within the total for Job 
     Corps, sufficient funding is included to ensure that any new 
     center constructed but not open for students by July 1, 2011, 
     will have a competitively procured contractor on site on or 
     before that date, open for students by October 2011 and 
     operate at its full capacity by April 2012. In addition, the 
     funding level is sufficient to ensure that any newly 
     constructed centers activated and enrolling students during 
     program year 2010 operate at their full capacity for the 
     duration of program year 2011.
       One-Stop Career Centers/Labor Market Information.--Within 
     the total for One-Stop Career Centers and Labor Market 
     Information, the bill includes $15,000,000 to carry out the 
     language in Senate Report 111-243 regarding disability-
     related employment planning and activities.
       Advances to the Unemployment Trust Fund and Other Funds.--
     The bill includes such sums as may be necessary for Advances 
     to the Unemployment Trust Fund and Other Funds. The funds may 
     be used to implement an extension of the expanded Trade 
     Adjustment Assistance program, including the provision of 
     additional training, employment, and case management services 
     funds to the States.
       Federal Grant Application Review Panels.--The Employment 
     and Training Administration (ETA) is directed to submit a 
     report to the Committees on Appropriations not later than May 
     31, 2011, regarding its efforts to restructure federal grant 
     application review panels. The report should examine the 
     feasibility of including representatives of community-based 
     organizations, along with national and regional nonprofit 
     associations, on grant review panels. The report should also 
     list ETA's competitive grant competitions in program year 
     2010; the number of individuals on each grant review panel; 
     the average duration of time a reviewer remains on a grant 
     review panel; the process for hiring grant reviewers; and the 
     general expertise of the reviewers on each panel.

               Employee Benefits Security Administration

       Within the total for the Employee Benefits Security 
     Administration (EBSA), the bill includes $3,000,000 to 
     develop and implement a comprehensive program to enforce the 
     mental health provisions of the Paul Wellstone and Pete 
     Domenici Mental Health Parity and Addiction Equity Act of 
     2008. The program should become an integrated part of EBSA's 
     permanent operations, and include a national compliance 
     assistance program, a strong public outreach and education 
     component, and enforcement activities.

                         Wage and Hour Division

       Within the total for the Wage and Hour Division, the bill 
     includes $10,000,000 for an initiative to detect and deter 
     the inappropriate misclassification of employees as 
     independent contractors.

             Occupational Safety and Health Administration

       Natural Gas Standard.--In response to recent natural gas-
     related explosions in North Carolina and Connecticut, the 
     Occupational Safety and Health Administration (OSHA) is 
     directed to develop a permanent standard on natural gas. At a 
     minimum, the permanent standard should address the Chemical 
     Safety Board's urgent recommendations to prohibit the 
     following: the use of natural gas for pipe cleaning; the 
     venting or purging of fuel gas indoors; and any work activity 
     where the flammable gas concentration exceeds a fixed, low 
     percentage of the lower explosive limit. OSHA should also 
     draft guidelines for employers on the inclusion of workers 
     and contractors in developing safe procedures and training 
     for handling fuel gas. OSHA shall submit a report to the 
     Committees on Appropriations within 180 days of enactment, 
     and updated reports every 180 days thereafter, detailing the 
     anticipated timeline for issuing a permanent standard on 
     natural gas, and OSHA's progress in meeting that timeline.
       Whistleblower Protection.--To ensure the effectiveness of 
     the Whistleblower Protection Program (WPP), the Secretary of 
     Labor is directed to require that all WPP investigators and 
     supervisors have taken both of OSHA's mandatory courses for 
     whistleblower statutes by June 30, 2011. In addition, the 
     Secretary is directed to comply with the language in Senate 
     report 111-243 regarding the WPP. The Secretary is directed 
     to submit a report to the Committees on Appropriations not 
     later than April 30, 2011, that identifies options to 
     establish and operate a stand-alone WPP Division reporting 
     directly to the Deputy Secretary, or to establish and operate 
     the WPP as a separate office within OSHA to be headed by an 
     expert on employment retaliation law who has supervisory 
     responsibility over all whistleblower staff. The report 
     should include cost estimates for each scenario.
       Voluntary Protection Program (VPP).--Sufficient funding is 
     provided to maintain the VPP at its fiscal year 2010 level.

                 Mine Safety and Health Administration

       Approval and Certification of Equipment.--The bill 
     authorizes the Mine Safety and Health Administration (MSHA) 
     to retain up to $1,350,000 from fees collected for the 
     approval and certification of equipment, materials, and 
     explosives for use in mines, and to utilize such sums for 
     such activities.
       Mine Rescue Training.--Within the amount provided for 
     Program Administration, the bill provides $1,500,000 for an 
     award to the United Mine Workers of America to continue a 
     project, initiated with the fiscal year 2008 appropriation, 
     for classroom and simulated rescue training for mine rescue 
     teams at its Beckley, West Virginia, and Washington, 
     Pennsylvania, career centers.

                       Bureau of Labor Statistics

       Supplemental Statistical Poverty Measure.--Within the total 
     for the Bureau of Labor Statistics (BLS), the bill includes 
     $2,500,000 to support the Census Bureau in its development of 
     a supplemental statistical poverty measure, to be based on 
     recommendations of the National Academy of Sciences and 
     subsequent research. However, the new measure shall not 
     affect program eligibility or disbursement of Federal funds 
     to States or localities.
       Restructuring of Statistical Programs.--The bill adopts the 
     Administration's proposals to reduce the cost of its programs 
     by implementing an alternative approach to the Locality Pay 
     Survey (LPS) and by restructuring the Current Employment 
     Statistics (CES) program. The Department has indicated that 
     these new approaches will allow BLS to provide important data 
     at a lower cost without sacrificing quality. In fiscal year 
     2011, the Secretary is directed to maintain the International 
     Labor Comparisons office at its fiscal year 2010 funding 
     level.

                 Office of Disability Employment Policy

       Within the total for the Office of Disability Employment 
     Policy, the bill includes $15,000,000 to carry out the 
     language in Senate Report 111-243 regarding disability-
     related employment planning and activities.

                        Departmental Management

       Legal Services.--The bill includes $9,600,000 above the 
     budget request for mine safety activities and legal services 
     related to the growing backlog of appeals of MSHA citations 
     at the Federal Mine Safety and Health Review Commission 
     (FMSHRC). Of these additional funds, up to $4,300,000 is 
     available to the Secretary of Labor to be transferred to the 
     Mine Safety and Health Administration for FMSHRC-related 
     activities.
       International Labor Affairs Bureau (ILAB).--The bill 
     includes $40,000,000 for the United States' contribution to 
     the International Labour Organization's (ILO) International 
     Program for the Elimination of Child Labor (IPEC). The 
     designation of funds for ILO-IPEC is not intended to preclude 
     additional funding for other initiatives if the Department 
     determines that ILO-IPEC is the most qualified organization 
     to perform the work. Additional funds provided to ILAB also 
     should be used to meet reporting requirements related to the 
     Trade and Development Act report on the worst forms of child 
     labor.
       Sustainability Report.-- Not later than July 15, 2011, and 
     annually thereafter, the Department shall submit to the 
     Committees on Appropriations a report on its progress toward 
     achieving each of the sustainability goals and targets 
     applicable to all U.S. Government agencies as outlined in 
     Executive Order 13514.

                          Working Capital Fund

       The bill includes funding to support a government-wide 
     initiative to improve Federal procurement activities. The 
     Department is directed to draft a plan with milestones, 
     performance measures, and estimated funding levels - 
     including anticipated transfers within the Department - on 
     the base activities and specific activities supported above 
     the base due to funds provided under this heading. The plan 
     should be submitted to the Committees on Appropriations not 
     later than April 1, 2011.

                           General Provisions

       Sections 101-105 and 107 are continuations of general 
     provisions included in the fiscal year 2010 version of this 
     Act.
       Section 106 prohibits use of funds appropriated for the 
     Employment and Training Administration to pay the salary and 
     bonuses of an individual at a rate in excess of Executive 
     Level II. This represents a technical modification of a 
     provision carried in last year's Act intended to maintain the 
     same substantive effect.
       Section 108 is a new provision that rescinds $3,900,000 
     from the Working Capital Fund and amends Public Law 85-67 to 
     eliminate authorization for the Investment in Reinvention 
     Fund.
       Section 109 is a new provision that allows the Employment 
     and Training Administration to transfer technical assistance 
     funds to

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     its Program Management account when it is determined that 
     those services will be more efficiently performed by Federal 
     staff.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Funding levels for programs within the Department of Health 
     and Human Services, along with comparisons to last year's 
     levels and the budget request, are shown in a table at the 
     end of this division. Any allocations of funding beyond the 
     level of detail in that table are indicated below.

              Health Resources and Services Administration

       Funding levels for programs within the Health Resources and 
     Services Administration (HRSA), along with comparisons to 
     last year's levels and the budget request, are shown in the 
     table at the end of this division. Any allocations of funding 
     beyond the level of detail in that table are indicated below.
     Primary Health Care
       Community Health Centers.--The bill includes language 
     designating $100,000,000 for expenses associated with 
     extending Federal Tort Claims Act protection to practitioners 
     in community health centers. Within the total for Community 
     Health Centers, HRSA is expected to fund Native Hawaiian 
     Health Care at no less than the fiscal year 2010 level and 
     directed to continue the Increased Demand for Services 
     funding.
       A significant number of Medically Underserved Areas (MUAs) 
     lack necessary access to community health center services. 
     HRSA is urged to continue support of technical assistance and 
     to review policies to determine if other actions can be taken 
     to improve access in MUAs. HRSA is directed to report to the 
     Committees on Appropriations by May 19, 2011, on any actions 
     to improve access to Community Health Centers in MUAs.
       HRSA is expected to administer the State Health Access 
     Grant Program in the same manner as in fiscal year 2010.
     Health Professions
       HRSA should use National Health Service Corps recruitment 
     funds only to support multi-year, rather than single-year, 
     commitments.
       Increased access to geriatric health professionals is 
     important to ensure quality care for an aging population. 
     HRSA should work to inform National Health Service Corps 
     applicants about opportunities for geriatric health 
     professionals to encourage training and increase 
     participation. HRSA is directed to submit a report to the 
     Committees on Appropriations by March 1, 2011, on the actions 
     taken to encourage geriatric training and improve outreach to 
     geriatric health professionals.
       HRSA is urged to improve the level of support provided to 
     minority health professions schools through the Health 
     Careers Opportunity Program. HRSA is directed to report in 
     the fiscal year 2012 budget submission on the actions taken 
     to ensure that those institutions with a historic mission of 
     training minorities in the health professions have the 
     opportunity to compete for grants.
       Physician Assistant Training Programs.--Within the funds 
     provided for primary care training and enhancement programs, 
     HRSA is urged to prioritize funds to expand high-quality 
     physician assistant training programs.
       Training in Dentistry and Oral Health Innovation 
     Programs.--The bill includes $53,491,000 for training in 
     dentistry and oral health innovation programs authorized by 
     sections 340G, 340G-1, and 748 of the Public Health Service 
     (PHS) Act. HRSA is directed to provide no less than 
     $20,000,000 for state oral health workforce grants, no less 
     than $8,000,000 for pediatric dentistry and no less than 
     fiscal year 2010 levels for other section 748 programs. 
     Within pediatric dentistry, HRSA is directed to support the 
     faculty loan repayment program at no less than last year's 
     level.
       Allied Health.--The bill includes $13,363,000 for mental 
     and behavioral health education and training grants and 
     $1,945,000 for the chiropractic program. HRSA is directed to 
     provide no less than $7,000,000 to the graduate psychology 
     program. The need for behavioral and mental health services 
     in an integrated health care system is significant and well 
     documented. An increasing elderly population and significant 
     numbers of returning war veterans are among the factors that 
     have strained the nation's health system as more individuals 
     and their families turn to mental health care professionals 
     in local communities. HRSA is encouraged to expand training 
     sites, reinstate the geropsychology program, initiate a new 
     focus on veterans, and help integrate health service 
     psychology trainees at Federally Qualified Health Centers to 
     provide behavioral and mental health services to underserved 
     populations.
       Public Health and Preventive Medicine Programs.--The bill 
     includes $34,834,000 for public health and preventive 
     medicine training, which includes a transfer of $20,000,000 
     from the Prevention and Public Health Fund. HRSA is directed 
     to provide not less than $7,199,000 for the preventive 
     medicine program. Funds are also included to allow HRSA to 
     begin planning for a loan repayment program.
       Nurse Education, Practice, and Retention.--HRSA is directed 
     to use the increase provided for nurse education, practice, 
     and retention to make grants for career ladder programs.
     Maternal and Child Health
       Within the total provided for Special Projects of Regional 
     and National Significance (SPRANS), the bill includes the 
     following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
SPRANS-Oral Health.....................................         $5,500,000           +641,000           +641,000
SPRANS-Epilepsy........................................          4,000,000           +292,000           +292,000
SPRANS-Sickle Cell.....................................          3,774,000                  0                  0
SPRANS-Fetal Alcohol...................................            486,000                  0                  0
SPRANS-Doula...........................................          1,504,000                  0                  0
SPRANS-1st time motherhood.............................          4,956,000                  0                  0
----------------------------------------------------------------------------------------------------------------

       HRSA is urged to continue support of activities within the 
     maternal and child health program that ensure the wellness 
     and healthy development of our children. Programs such as 
     vision screening and the hemophilia treatment grants help 
     provide the early identification and treatment necessary to 
     improve health outcomes.
       Autism and Other Developmental Disorders.--Within the 
     funding provided for autism and other developmental 
     disorders, an increase of not less than $2,000,000 is 
     provided to expand the Leadership Education in 
     Neurodevelopmental and Related Disabilities Program. In 
     addition, an increase of not less than $2,000,000 is provided 
     for research on evidence-based practices for interventions 
     for individuals with autism and other developmental 
     disabilities, for development of guidelines for those 
     interventions, and for information dissemination.
     Ryan White Care Act
       The bill includes language providing $2,010,365,000 for 
     Parts A and B of the Ryan White HIV/AIDS Treatment 
     Modernization Act, to be available through September 30, 
     2013.
       The bill includes language that limits 2010 program year 
     reductions in Ryan White Part A grants for metropolitan and 
     transitional areas to 9.3 percent by providing $4,919,000 for 
     supplemental grants.
       Within funds provided for the AIDS Drug Assistance Program, 
     HRSA shall ensure that those patients that were provided care 
     as a result of funds provided to States pursuant to sections 
     311 and 2620 of the PHS Act in fiscal year 2010 continue to 
     receive care.
     Rural Health Programs
       The bill includes $34,927,000 for the Delta Health 
     Initiative and associated administrative expenses.
       Rural and Community Access to Emergency Devices (AED).--
     Immediate cardiopulmonary resuscitation and early 
     intervention, using an AED, can more than double a patient's 
     chance of survival. Communities with comprehensive AED 
     programs, including training of anticipated rescuers, have 
     achieved survival rates of nearly 40 percent. HRSA is 
     encouraged to continue its support of this important program.
       Family Planning.--A 2009 Institute of Medicine report found 
     the Title X family planning program to be a success in 
     providing critically needed health services to individuals 
     with the most difficulty accessing family planning care. The 
     report also identified areas in which the program failed to 
     keep pace with changes in overall health care delivery and 
     administration and called for a systematic review and update 
     of the Title X program guidance. HRSA is urged to continue 
     efforts to review and update the Title X program guidance and 
     administrative directives in consultation with Title X 
     providers, administrators and family planning advocates.
       The bill includes funding for the following projects in the 
     following amounts:

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       Medical Home Demonstration Programs.--The bill includes 
     $5,000,000 for medical home demonstration programs authorized 
     in section 340H of the PHS Act. HRSA is directed to provide 
     the Committees on Appropriations an operating plan no later 
     than 90 days after enactment of this Act detailing the number 
     and size of awards to be made.
     Health Education Assistance Loan Programs
       The bill includes language transferring the Health 
     Education Assistance Loan Programs account to the Department 
     of Education as requested in the President's budget.
     Covered Countermeasure Process Fund
       The bill does not include funding for the Covered 
     Countermeasure Process fund. Pandemic influenza funding 
     included in Public Law 111-32 may be used for this purpose.

               Centers for Disease Control and Prevention

       Funding levels for programs within the Centers for Disease 
     Control and Prevention (CDC), along with comparisons to last 
     year's levels and the budget request, are shown in the table 
     at the end of this division. Any allocations of funding 
     beyond the level of detail in that table are indicated below.
       Prevention and Public Health (PPH) Fund allotments in the 
     following tables are from amounts appropriated in the Patient 
     Protection and Affordable Care Act and allocated in this 
     bill.
       Immunization and Respiratory Diseases.--Within the program 
     level total for Immunization and Respiratory Diseases, the 
     bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Section 317 Immunization Program.......................       $594,350,000       +$97,577,000       +$83,288,000
    Appropriations in this bill........................        494,350,000         -2,423,000        -16,712,000
    PPH Fund Allotment.................................        100,000,000       +100,000,000       +100,000,000
Program Operations.....................................         65,568,000         +2,955,000            -62,000
Influenza..............................................        158,920,000            -49,000           -195,000
    Pandemic Influenza.................................        156,344,000            +23,000                  0
        Appropriations in this bill....................         40,000,000       -116,321,000        +40,000,000
        Balances from P.L. 111-32\1\...................        116,344,000       +116,344,000        -40,000,000
----------------------------------------------------------------------------------------------------------------
\1\Amount derived from Pandemic Flu emergency supplemental appropriations provided in P.L. 111-32.

       The nation's immunization infrastructure is essential for 
     the delivery of routine immunization services as well as 
     public health preparedness and response to vaccine-
     preventable disease emergencies. As part of the additional 
     funding provided for immunization programs, CDC is directed 
     to develop a strategy to: (1) modernize immunization 
     information systems; (2) prepare public health departments 
     for changes in the healthcare delivery system, including new 
     billing procedures for insured patients; and, (3) strengthen 
     the evidence base to inform immunization policy and program 
     monitoring. The strategy also should address how CDC will 
     maintain and expand partnerships with the healthcare sector 
     to provide routine and emergency immunization services.
       CDC shall update the Section 317 Immunization Program 
     report and submit it to the Committees on Appropriations not 
     later than February 1, 2011, to reflect fiscal year 2012 cost 
     estimates and an estimate of optimum CDC, State, and local 
     operations funding needed relative to current levels to 
     conduct and support childhood, adolescent, and adult 
     programs. The report also should include a discussion of 
     specific strategies to improve the overall immunization 
     infrastructure and to reduce barriers and increase adult 
     immunization rates in the United States.
       HIV/AIDS, Viral Hepatitis, STD, and TB Prevention.--Within 
     the total for HIV/AIDS, Viral Hepatitis, STD, and TB 
     prevention, the bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research..............       $751,979,000        -$6,260,000       -$41,561,000
    HIV Prevention by Health Departments...............        337,273,000         +8,435,000         -5,789,000
    HIV Surveillance...................................        108,901,000           -538,000         -5,712,000
    National/Regional/Local/Community/Other............
    Organizations......................................        134,791,000            +18,000         -1,461,000
    Enhanced HIV Testing...............................         63,554,000        -32,076,000         -4,526,000
        Appropriations in this bill....................         63,554,000         -1,709,000         -4,526,000
        PPH Fund Allotment.............................                  0        -30,367,000                  0
    Improving Program Effectiveness....................        107,460,000        +17,901,000        -24,073,000
Viral Hepatitis........................................         22,107,000         +2,851,000         +1,000,000
Sexually Transmitted Diseases..........................        160,588,000         +6,736,000                  0
Tuberculosis...........................................        142,772,000         -1,475,000           -279,000
----------------------------------------------------------------------------------------------------------------

       Within the total for Domestic HIV/AIDS Prevention and 
     Research programs, the bill provides funding at no less than 
     the level provided in fiscal year 2010 to support activities 
     that are targeted to address the growing HIV/AIDS epidemic 
     and its disparate impact on communities of color, including 
     African Americans, Latinos, Native Americans, Asian 
     Americans, Native Hawaiians, and Pacific Islanders.
       CDC is urged to consider using funds provided above the 
     budget request for Viral Hepatitis to increase support for 
     the Adult Viral Hepatitis Prevention Coordinators program and 
     core prevention services, such as educational programs for 
     healthcare and social service providers, at-risk populations, 
     and the general public.
       Emerging and Zoonotic Infectious Diseases.--Within the 
     total for Emerging and Zoonotic Infectious Diseases, the bill 
     includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Emerging Infectious Diseases...........................       $176,281,000       +$20,020,000       +$20,383,000
    Appropriations in this bill........................        136,281,000            +20,000        -19,617,000
    PPH Fund Allotment.................................         40,000,000        +20,000,000        +40,000,000
Vector-borne Diseases..................................         26,717,000             +4,000        +26,717,000
Food Safety............................................         30,631,000         +3,693,000         -4,564,000
Lyme Disease...........................................          9,438,000           +501,000           +383,000
Prion Disease..........................................          5,318,000           -155,000            -72,000
Chronic Fatigue Syndrome...............................          4,535,000           -289,000            -63,000
National Healthcare Safety Network.....................         27,330,000        +12,182,000           -122,000
Quarantine.............................................         26,485,000            -29,000                  0
Other, including Antimicrobial Resistance..............         19,236,000         -1,770,000         +6,722,000
----------------------------------------------------------------------------------------------------------------

       Funding reductions in the prion disease program shall be 
     targeted toward CDC intramural staffing and contract and 
     travel costs. Further, CDC is directed to provide a detailed 
     summary of the various activities funded within prion disease 
     for fiscal years 2009-2012 as part of the fiscal year 2012 
     congressional budget justification.
       Through the National Healthcare Safety Network, CDC 
     monitors infections, antimicrobial resistance, and other 
     adverse events in hospitals in all 50 States, Puerto Rico, 
     and the District of Columbia. Increased funding will be used 
     to develop surveillance in an additional 2,500 hospitals 
     taking the total to 5,000 participating hospitals. Funding 
     will also be used to provide resources and technical 
     expertise to State health departments to achieve healthcare-
     associated infections (HAI) prevention targets; continue

[[Page 20681]]

     development and implementation of prevention tools, 
     campaigns, education, and training in healthcare settings; 
     and to increase public health workforce capacity to lead HAI 
     outbreak investigations, surveillance, and prevention 
     activities at the State and local levels.
       Chronic Disease Prevention and Health Promotion.--Within 
     the total for Chronic Disease Prevention and Health 
     Promotion, the bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Office of Smoking and Health...........................       $157,044,000       +$31,856,000       +$49,830,000
    Appropriations in this bill........................        107,044,000         -3,644,000           -170,000
    PPH Fund Allotment.................................         50,000,000        +35,500,000        +50,000,000
Chronic Disease Activities.............................        564,820,000       +321,861,000       +306,957,000
    Community Grants...................................        208,901,000       +161,563,000       +153,143,000
        Community Transformation Grants................        145,000,000       +145,000,000       +145,000,000
            Appropriations in this bill................                  0                  0                  0
            PPH Fund Allotment.........................        145,000,000       +145,000,000       +145,000,000
        Racial and Ethnic Approaches to Community               63,901,000        +24,263,000        +24,923,000
         Health........................................
            Appropriations in this bill................         38,901,000           -737,000            -77,000
            PPH Fund Allotment.........................         25,000,000        +25,000,000        +25,000,000
        Other Community Grants.........................                  0         -7,700,000        -16,780,000
    Chronic Disease Prevention State Grants............        250,000,000       +165,369,000       +167,285,000
        Appropriations in this bill....................        110,000,000        +25,369,000        +27,285,000
        PPH Fund Allotment.............................        140,000,000       +140,000,000       +140,000,000
    National Activities................................         49,080,000                  0         -7,500,000
    CDC Activities.....................................         56,839,000         -5,071,000         -5,971,000
School Health..........................................         56,289,000         -1,347,000         -5,231,000
    Healthy Passages Study.............................          3,493,000             +1,000             -5,000
    Food Allergies.....................................            497,000                  0             -1,000
Health Promotion.......................................         22,716,000           +179,000         +3,171,000
    Community Health Promotion.........................          6,355,000           -112,000            -10,000
        Sleep Disorders................................            844,000            -17,000             -1,000
    Mind-Body Institute................................          1,500,000                  0         +1,500,000
    Glaucoma...........................................          3,167,000           -351,000           -357,000
    Visual Screening Education.........................          2,906,000           -322,000           -328,000
    Alzheimer's Disease................................          1,810,000            -36,000             -3,000
    Inflammatory Bowel Disease.........................            686,000                  0           +686,000
    Interstitial Cystitis..............................            660,000                  0           +660,000
    Excessive Alcohol Use..............................          3,500,000         +1,000,000         +1,026,000
    Chronic Kidney Disease.............................          2,132,000                  0             -3,000
Prevention Research Centers............................         43,084,000         +9,414,000         +9,948,000
    Appropriations in this bill........................         33,084,000           -586,000            -52,000
    PPH Fund Allotment.................................         10,000,000        +10,000,000        +10,000,000
Cancer Prevention and Control..........................        376,999,000         +6,709,000        +21,847,000
    Breast and Cervical Cancer.........................        219,550,000         +4,732,000         +8,615,000
        WISEWOMAN......................................         22,787,000         +2,003,000         +2,000,000
    Breast Cancer Awareness for Young Women............          7,000,000         +2,001,000         +1,994,000
    Cancer Registries..................................         51,227,000             -1,000            -76,000
    Colorectal Cancer..................................         44,524,000             -1,000            -66,000
    Comprehensive Cancer...............................         20,689,000             -1,000            -41,000
    Johanna's Law......................................          6,807,000             +1,000         +6,807,000
    Ovarian Cancer.....................................          5,705,000             -1,000             -9,000
    Prostate Cancer....................................         13,614,000            -22,000            -42,000
    Skin Cancer........................................          2,190,000                  0            -10,000
    Geraldine Ferraro Cancer Education Program.........          4,677,000             +1,000         +4,677,000
    Cancer Survivorship Resource Center................          1,016,000                  0             -2,000
Oral Health............................................         20,607,000         +5,609,000         +6,000,000
Safe Motherhood/Infant Health..........................         43,447,000         -1,328,000        -12,196,000
    Pre-term Birth.....................................          2,005,000                  0             -3,000
Prevention Outreach Activities.........................          2,000,000         +2,000,000         +2,000,000
    Appropriations in this bill........................                  0                  0                  0
    PPH Fund Allotment.................................          2,000,000         +2,000,000         +2,000,000
Other Chronic Diseases.................................         13,719,000           -260,000            -21,000
    Psoriasis..........................................          1,496,000             -4,000             -2,000
    Epilepsy...........................................          7,805,000           -170,000            -12,000
    Lupus..............................................          4,418,000            -86,000             -7,000
Primary Immune Deficiency Syndrome.....................          3,107,000                  0             -5,000
----------------------------------------------------------------------------------------------------------------

       Of the funds provided for the Office on Smoking and Health, 
     $10,000,000 shall be for a new demonstration program on 
     providing expanded cessation services to low-income and 
     uninsured individuals.
       Also within the total for the Office of Smoking and Health, 
     CDC is expected to transfer no less than the amount it did in 
     fiscal year 2010 to the Environmental Health Laboratory to 
     support its work to analyze tobacco products and cigarette 
     smoke. This transfer is intended to be provided to the lab in 
     a manner that supplements and in no way replaces existing 
     funding for tobacco-related activities.
       CDC's current chronic disease prevention funding streams 
     limit opportunities for coordination and integration across 
     related programs. Therefore, the bill creates a new, 
     consolidated Chronic Disease Prevention Grant Program that 
     includes the following categorical programs: heart disease 
     and stroke; diabetes; arthritis; and nutrition, physical 
     activity, and obesity. This funding shall be used at the 
     State level for core chronic disease prevention leadership, 
     community health promotion, and preventive services. Funding 
     shall not be used to directly support State or local capital 
     infrastructure projects.
       The core Chronic Disease Prevention Grant Program will 
     include a base award to each State (including the District of 
     Columbia and Puerto Rico) of not less than $2,000,000 plus 
     additional formula-based funding to be allocated according to 
     population, State chronic disease rates, and socioeconomic 
     factors. CDC shall award not less than 2 percent of the core 
     grant program funds to tribes and tribal organizations and 
     other U.S. territories. In addition to the core award, the 
     bill includes $25,000,000 to be available through fiscal year 
     2012 for a competitive incentive award for States that 
     achieve or clearly demonstrate progress toward meeting a 
     stated prevention goal or goals. CDC is directed to establish 
     a mechanism to measure performance for this program, 
     including the establishment of baselines and methods of 
     assessing progress toward achieving definable goals. These 
     measures should relate to: community health promotion; 
     preventive services; the full and active participation from 
     other relevant State agencies, including the Departments of 
     Education, Human Services, Aging, and Transportation; the 
     inclusion of special populations (people with disabilities, 
     racial and ethnic populations, students, etc.); surveillance; 
     planning; policy change; and the implementation of evidence-
     based public health interventions. States shall be required 
     to demonstrate maintenance of effort on the activities 
     previously supported by the categorical programs. Further, 
     CDC should continue to reiterate to its grantees the 
     prohibition against using appropriated funds for lobbying 
     Congress or any State legislature, which is contained in 
     section 503 of this Act.
       Grant awards shall be made no later than July 31, 2011. CDC 
     shall adjust current grant cycles to the extent necessary to 
     ensure that States do not experience shortfalls due to the 
     transition.
       Also within the total is $49,080,000 for related national 
     activities that support chronic disease prevention. Within 
     the total, sufficient funding is included to maintain the 
     Paul Coverdell National Acute Stroke Registry and $5,000,000 
     is included to expand CDC's background community assessment 
     of health and related social and environmental conditions in 
     the Mississippi Delta region.
       Efforts to promote chronic disease prevention at the 
     national level should continue and CDC's in-house expertise 
     should be maintained. Therefore, within the total provided 
     for the Chronic Disease Prevention Grant Program, the bill 
     sets aside $56,839,000 to maintain CDC's leadership, 
     research, and

[[Page 20682]]

     technical assistance in support of these investments.
       Birth Defects, Developmental Disabilities, Disability and 
     Health.--Within the total for Birth Defects, Developmental 
     Disabilities, Disability and Health, the bill includes the 
     following amounts:

 
----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                            2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Birth Defects and Developmental Disabilities...........        $67,233,000        +$2,545,000        +$1,791,000
    Birth Defects......................................         22,680,000         +1,341,000         +1,861,000
        Craniofacial Malformation......................          2,028,000           +150,000           +146,000
    Fetal Alcohol Syndrome.............................          9,969,000           -169,000            -21,000
    Folic Acid.........................................          3,126,000                  0            +16,000
    Infant Health......................................          7,680,000           -347,000            -16,000
    Autism.............................................         23,778,000         +1,720,000            -49,000
Human Development and Disability.......................         59,185,000           +434,000         +1,331,000
    Disability and Health (includes Child                       13,335,000           -274,000            -26,000
     DevelopmentStudies)...............................
    Charcot Marie Tooth Disorders......................                  0         -1,000,000         -1,002,000
    Limb Loss..........................................          2,902,000             -4,000             -6,000
    Tourette Syndrome..................................          1,745,000             -4,000             -4,000
    Early Hearing Detection and Intervention...........         10,667,000           -219,000            -22,000
    Muscular Dystrophy.................................          6,008,000           -282,000            -13,000
    Special Olympics Healthy Athletes..................          6,000,000           +467,000           +455,000
    Paralysis Resource Center..........................          6,872,000             -9,000            -14,000
    Attention Deficit Hyperactivity Disorder...........          1,751,000                  0             -4,000
    Fragile X..........................................          1,905,000                  0             -4,000
    Spina Bifida.......................................          7,000,000           +759,000           +971,000
    Congenital Heart Failure...........................          1,000,000         +1,000,000         +1,000,000
Blood Disorders........................................         17,203,000         -2,707,000         -3,040,000
----------------------------------------------------------------------------------------------------------------

       Increased funding is included for a craniostosis physician 
     awareness campaign as described in Senate report 111-243.
       CDC's plan to consolidate the blood disorders programs 
     inadequately addresses the transition from the current 
     approach to the new structure. Therefore, to the extent 
     possible, CDC is expected to continue the current cooperative 
     agreements for blood disorder surveillance and safety to 
     allow for a smooth transition from the current blood 
     disorders program to a new consolidated program. In designing 
     a new blood disorders program, CDC is directed to work with 
     the hemophilia and thalassemia treatment centers and patient 
     organizations to assure that the needs of patients with these 
     and other blood disorders, such as deep vein thrombosis, 
     pulmonary embolism, and diamond blackfan anemia, are 
     appropriately addressed. Prior to obligating any fiscal year 
     2011 blood disorders program funds, CDC is directed to 
     provide a detailed written summary and to brief the 
     Committees on Appropriations on the programs and activities 
     that will be supported through the blood disorders program 
     and how that distribution compares to prior years.
       National Center for Health Statistics.--Sufficient funding 
     is provided within the total for the National Center for 
     Health Statistics to ensure that no State match will be 
     required in fiscal year 2011 under the National Vital 
     Statistics System to begin phasing in electronic death 
     records.
       Public Health Scientific Services.--Within the total for 
     Public Health Scientific Services, the bill includes the 
     following amounts:

 
----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                            2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Scientific and Support Services........................       $146,211,000        -$8,749,000        +$1,147,000
    Community Prevention Task Force....................         12,000,000         +5,169,000         +7,000,000
        Appropriations in this bill....................          5,000,000         +3,169,000                  0
        PPH Fund Allotment.............................          7,000,000         +2,000,000         +7,000,000
Public Health Infrastructure...........................                  0        -50,000,000                  0
    Appropriations in this bill........................                  0                  0                  0
    PPH Fund Allotment.................................                  0        -50,000,000                  0
Public Health Workforce Development....................         62,491,000        +17,171,000        +14,552,000
    Appropriations in this bill........................         37,491,000           -329,000        -10,448,000
    PPH Fund Allotment.................................         25,000,000        +17,500,000        +25,000,000
Public Health Research.................................         51,170,000        +20,000,000        +20,000,000
    Appropriations in this bill........................         31,170,000                  0                  0
    PPH Fund Allotment.................................         20,000,000        +20,000,000        +20,000,000
Genomics...............................................                  0         -9,200,000         -8,596,000
Behavioral Risk Factor Surveillance System.............          7,168,000           -147,000            -11,000
----------------------------------------------------------------------------------------------------------------

       The additional funding provided for Public Health Research 
     through transfer from the PPH Fund is intended to support 
     extramural grants for research on public health and 
     prevention.
       Environmental Health.--Within the total for Environmental 
     Health, the bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                            2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Environmental Health Laboratory........................        $43,346,000            +$6,000        +$1,366,000
    Newborn Screening Quality Assurance Program........          6,915,000             +1,000           +160,000
    Newborn Screening for Severe Combined                          978,000            -10,000             -4,000
     Immunodeficiency Disease..........................
Environmental Health Activities........................         97,493,000        +25,723,000        +28,721,000
    Safe Water.........................................          6,975,000           -261,000            -26,000
    Environmental and Health Outcome Tracking..........
    Network............................................         67,092,000        +33,973,000        +34,544,000
        Appropriations in this bill....................         32,092,000         -1,027,000           -456,000
        PPH Fund Allotment.............................         35,000,000        +35,000,000        +35,000,000
    Amyotrophic Lateral Sclerosis (ALS) Registry.......          6,773,000           +760,000           +978,000
    Climate Change.....................................          7,539,000                  0            -28,000
    Polycythemia Vera Cluster..........................                  0         -2,513,000                  0
    Built Environment and Health Initiative............                  0         -2,683,000         -4,000,000
    Arctic Health......................................                  0                  0           -292,000
    Volcanic Emissions.................................            300,000           +100,000           +100,000
Asthma.................................................         30,622,000           -297,000           -112,000
Healthy Homes/Childhood Lead Poisoning.................         34,487,000           -313,000           -127,000
----------------------------------------------------------------------------------------------------------------

       The increase provided for the Environmental Public Health 
     Tracking Network is intended to fund additional State and 
     local jurisdictions. CDC is directed to work with all 
     Environmental Public Health Tracking Network grantees to 
     annually report to the

[[Page 20683]]

     Committees on Appropriations on the activities of the 
     grantees and to identify public health actions that have 
     resulted from this program not later than April 30 of each 
     year.
       Injury Prevention and Control.--

       Within the total for Injury Prevention and Control, the 
     bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                            2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Intentional Injury.....................................       $100,788,000        -$1,845,000          -$188,000
    Domestic Violence and Sexual Violence..............         31,322,000           -573,000            -58,000
        Child Maltreatment.............................          6,976,000           -127,000            -13,000
    Youth Violence Prevention..........................         19,714,000           -359,000            -37,000
    Domestic Violence Community Projects...............          5,424,000           -100,000            -10,000
    Rape Prevention....................................         41,850,000           -767,000            -78,000
    All Other Intentional Injury.......................          2,478,000            -46,000             -5,000
Unintentional Injury...................................         30,789,000           -910,000            -58,000
    Traumatic Brain Injury.............................          5,974,000           -177,000            -11,000
    All Other Unintentional Injury.....................         24,815,000           -733,000            -47,000
        Elderly Falls..................................          2,000,000                  0             -4,000
Injury Control Research Centers........................         10,719,000             +2,000            -20,000
National Violent Death Reporting System................          5,000,000         +1,457,000             -8,000
----------------------------------------------------------------------------------------------------------------

       National Institute for Occupational Safety and Health.--
     Within the program level total for the National Institute for 
     Occupational Safety and Health (NIOSH), the bill includes the 
     following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                            2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Education and Research Centers.........................        $25,370,000        +$1,004,000          +$910,000
Personal Protective Technology.........................         16,828,000           -387,000            -64,000
    Pan Flu Preparedness for Healthcare Worker.........          3,031,000                  0            -11,000
Healthier Workforce Center.............................          5,036,000             +1,000            -19,000
National Occupational Research Agenda..................        126,982,000         +9,580,000         +2,454,000
World Trade Center.....................................        150,137,000        +79,424,000                  0
Mining Research........................................         59,237,000         +5,540,000         +6,501,000
Other Occupational Safety and Health Research..........         81,920,000         -2,780,000           -314,000
    Miners Choice......................................            648,000                  0             -2,000
    National Mesothelioma Registry and Tissue Bank.....          1,024,000                  0             -4,000
----------------------------------------------------------------------------------------------------------------

       Funding provided above the fiscal year 2010 level for 
     mining research is intended to support research on 
     underground mine refuge chambers and other alternatives. 
     NIOSH shall conduct or support research on the deployability, 
     tolerability, and survivability of the most common refuge 
     chambers currently required in all underground mines and on 
     other alternatives and shall work with the Department of 
     Labor's Mine Safety and Health Administration to develop 
     research priorities, including both compartmentalized 
     research and full human subjects testing. The NIOSH Director 
     shall submit quarterly progress reports on this research to 
     the Committees on Appropriations and the House and Senate 
     authorizing committees of jurisdiction, with the first report 
     due 90 days after enactment of this Act.
       The National Occupational Research Agenda (NORA) is a 
     partnership program to stimulate innovative research and 
     improved workplace practices to identify the most critical 
     issues in workplace safety and health across eight industry 
     sectors. The increased resources for NORA are intended to be 
     used to strengthen and enhance occupational safety and health 
     research to protect the health and safety of U.S. workers.
       Global Health.--Within the funds provided for Global 
     Health, the bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Global AIDS Program....................................       $118,023,000          -$938,000           -$69,000
Global Immunization Program............................        153,602,000            -51,000         +1,810,000
    Polio Eradication..................................        102,441,000           +656,000         +1,840,000
    Other Global/Measles...............................         51,161,000           -707,000            -30,000
Global Disease Detection...............................         37,756,000             +6,000            -49,000
Global Malaria Program.................................          9,167,000           -237,000             -6,000
Internal Emergency and Refugee Health..................          6,250,000            -11,000                  0
Other Global Health....................................         34,380,000        +18,073,000           -702,000
----------------------------------------------------------------------------------------------------------------

       Public Health Preparedness and Response.--Within the funds 
     provided for Public Health Preparedness and Response, the 
     bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
State and Local Preparedness and Response Capacity.....       $757,504,000        -$3,483,000      +$184,130,000
    Public Health Emergency Preparedness...............
    Cooperative Agreement..............................        714,738,000           -105,000       +184,419,000
    Academic Centers for Public Health Preparedness....         30,009,000                  0                  0
    Advanced Practice Centers..........................          5,262,000                  0                  0
    All Other State and Local Capacity.................          7,495,000         -3,378,000           -289,000
CDC Preparedness and Response Capability...............        156,773,000         -9,193,000            -72,000
    Anthrax............................................                  0         -2,600,000                  0
    BioSense...........................................         34,362,000            -37,000                  0
Strategic National Stockpile...........................        523,305,000        -72,356,000           -228,000
    Appropriations in this bill........................        454,790,000       -140,871,000           -228,000
    Balances from P.L. 111-32\1\.......................         68,515,000        +68,515,000                 0
----------------------------------------------------------------------------------------------------------------
\1\Amount derived from Pandemic Flu emergency supplemental appropriations provided in P.L. 111-32.

       Public Health Leadership and Support.--Within the total for 
     Public Health Leadership and Support, the bill includes the 
     following amounts:

[[Page 20684]]



----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Leadership and Management..............................       $142,118,000        -$7,846,000          -$351,000
National Prevention Strategy...........................          1,000,000           +858,000         +1,000,000
    Appropriations in this bill........................                  0                  0                  0
    PPH Fund Allotment.................................          1,000,000           +858,000         +1,000,000
Director's Discretionary Fund..........................          2,500,000           -500,000             -8,000
----------------------------------------------------------------------------------------------------------------

       Any savings realized in leadership and management may be 
     reallocated to the Director's Discretionary Fund for programs 
     and initiatives that improve the health and safety of 
     Americans upon notification of the Committee on 
     Appropriations.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20685]]

     
     


[[Page 20686]]



[[Page 20687]]

       Buildings and Facilities.--Funding provided for CDC 
     buildings and facilities is intended to be used for repairs 
     and improvements to fully restore operations at NIOSH's Lake 
     Lynn Laboratory and Experimental Mine.
       Business Services and Support.--The funds for business 
     services and support are intended for CDC to carry out its 
     business functions, including, but not limited to, 
     administrative services, financial management, security and 
     emergency preparedness, and procurement and grants. Neither 
     these funds nor any other funds provided to CDC are to be 
     enhanced through the mechanism of program assessments or 
     tapping at any level.

                     National Institutes of Health

       Funding levels for programs within the National Institutes 
     of Health (NIH), along with comparisons to last year's levels 
     and the budget request, are shown in the table at the end of 
     this division. Any allocations of funding beyond the level of 
     detail in that table are indicated below.
     National Cancer Institute
       The bill provides up to $8,000,000 for facilities repairs 
     and improvements at the National Cancer Institute (NCI)--
     Frederick Federally Funded Research and Development Center in 
     Frederick, Maryland.
       In each of the last 2 years NCI was encouraged to launch a 
     pancreatic cancer-specific research initiative. Pancreatic 
     cancer remains the only major cancer with a survival rate in 
     the single digits. Absent a targeted research effort, any 
     hope for advances in diagnosis and treatment will remain 
     slim. The NCI is urged to take concrete steps to attack this 
     most deadly form of cancer by: (1) establishing a discrete 
     pancreatic cancer research grant program; (2) re-instituting 
     a policy of ``exceptions'' funding for grant applications 
     that are focused primarily on pancreatic cancer; and (3) 
     including more experts in pancreatic cancer on scientific 
     review panels. Further, the NCI Consensus Report of the 
     National Cancer Institute Clinical Trials Planning Meeting on 
     Pancreas Cancer Treatment, from two years ago does not 
     include an action plan. The NCI is strongly encouraged to 
     develop and implement action steps within 6 months of 
     enactment of this Act and provide the Committees on 
     Appropriations a copy of this action plan.
     Office of the Director (OD)
       The bill's funding anticipates NIH will operate within the 
     policy assumptions set forth in the budget request, except as 
     modified by this statement. The bill assumes NIH will use an 
     average cost of $401,000 per new and competing awards; the 
     level is corrected for the anomaly NIH identified in its 
     budget request and includes a 1.5 percent increase in fiscal 
     year 2011. The amount provided is expected to support 
     approximately 10,000 new and competing awards. The non-
     competing awards are provided a 1 percent increase. The bill 
     provides increases of 6 percent for training stipends, 4 
     percent for Research Management and Support, 2.4 percent for 
     Office of the Director (OD) operations and Programs, 
     Projects, and Activities and 1.5 percent all for other 
     mechanisms. The bill supports $85,000,000 for the NIH 
     Director's New Innovator Award program in the Common Fund, 
     with all other assumptions, other than new initiatives, at 
     the budget request level. The OD level includes $99,044,000 
     for radiological, nuclear and chemical countermeasures; 
     $50,000,000 for the Cures Acceleration Network (CAN), and 
     $1,500,000 for OD's Division of Program Coordination, 
     Planning, and Strategic Initiatives (DPCPSI) to administer 
     CAN, and increased support for science education in the OD 
     Office of Science Policy to increase collaboration with the 
     Department of Education on scientific education, expand 
     curriculum development and distribution.
       The bill supports the requested level for the Clinical and 
     Translational Research Award (CTSA) program and the Basic 
     Behavioral and Social Science Opportunity Network across the 
     Institutes and Centers (ICs). The bill provides up to 
     $50,000,000 to expand the number of targets in the 
     Therapeutic Rare and Neglected Disease initiative. The bill 
     assumes support for the Institutional Development Award 
     program and other OD and ICs program activities are funded as 
     identified in the request.
       The bill includes longstanding general provisions such as 
     setting the salary of researchers through NIH grants at 
     Executive Level I, providing transfer authority for the 
     Office of AIDS Research and clarifying that the Director may 
     use transfer authority under section 420A(d) of the Public 
     Health Service Act to transfer funds between the ICs of the 
     NIH. The NIH is directed to provide advance notification each 
     time the Director uses any portion of the transfer or 
     reprogramming authority. NIH is directed to provide its final 
     mechanism totals for each fiscal year, in table form, by 
     December 30 following the end of that fiscal year to the 
     Committees on Appropriations.
       The NCI is commended for its efforts with the Institute of 
     Medicine (IOM) to review its clinical trials process. The IOM 
     identified a number of concerns that seem to have 
     applicability across all NIH ICs to improve NIH-wide clinical 
     trial activity. The NIH is directed to conduct a trans-NIH 
     review of the applicability of the twelve IOM recommendations 
     to all NIH ICs that conduct clinical trials. The review 
     should examine ways to develop and strengthen NIH-wide 
     policies with a focus on opportunities to improve the 
     incorporation of innovative science, increase speed of 
     initiation and completion, improve the means of setting 
     priorities, and develop better incentives for participation 
     in clinical trials. The IOM report found it takes over 900 
     days to open a clinical trial, but trials supported with 
     Recovery Act funds developed methods to open studies within 
     90 days. The NIH is directed to consider how it can 
     incorporate the 90-day model into all clinical trial 
     activity. The review should examine the policies of each IC 
     regarding funding for variable accrual costs per case, and 
     ensure that a consistent guideline applies across NIH. 
     Specifically, the review should examine the viability and 
     effect on speed of opening trials of a multi-tier system in 
     which payments for cost-per-accrual vary according to the 
     time required to open the trial, such as a system that 
     provides a certain amount per accrual case if the opening 
     takes more than 360 days and a higher payment if the opening 
     occurs sooner. Further, the review should examine the 
     methods/processes ICs use to prioritize clinical trials based 
     on peer-review input, funding, and other ways to optimize 
     selection of studies. The NIH is requested to conduct a 
     complete review and submit a report within 1 year of 
     enactment of this Act, discussing the findings, proposed 
     policy changes, implementation timeline, and key measures NIH 
     will use to monitor clinical trial activity.
       The bill provides $50,000,000 to support CAN. The program 
     is intended to improve the speed and coordination among basic 
     research, translational research, medicine, biopharmaceutical 
     and regulatory activities to translate scientific discoveries 
     into usable cures and treatments and is directed by a 24-
     person board. The NIH and CAN Board are urged to include 
     participation by the Food and Drug Administration, the 
     National Science Foundation, the Veterans Health 
     Administration, the Department of Defense (Health Affairs) 
     and other federal agencies, such as the Patent and Trademark 
     Office. The NIH is requested to provide detailed descriptions 
     of the CAN activity in future budget requests as a new 
     section in the budget justification overview volume, similar 
     to the Common Fund. The new section should identify detailed 
     program activities for each CAN focus element with measurable 
     objectives. The bill supports CAN as a trans-NIH activity 
     that is housed within the OD's DPCPSI. Due to the lateness of 
     the fiscal year, if in this initial year, the Director cannot 
     fully obligate the CAN resources, he should transfer 
     remaining funds in a proportional manner to the ICs. NIH is 
     requested to establish a high bar on requests to waive the 
     matching fund requirement, and should provide an annual 
     report to the Committees on Appropriations by October 15 of 
     each year with details on all waiver activity.
       NIH has a number of grant mechanisms that are either fully 
     or incrementally (annually) funded based on the purpose, 
     scope, and activity of the award. NIH is requested, starting 
     with the fiscal year 2012 budget request, to provide a table 
     that lists all active grant mechanisms with the purpose, 
     funding type (full or incremental), and the number of actual 
     awards in each mechanism during the last full fiscal year.
       NIH is requested, in coordination with the Secretary of 
     HHS, to review their joint processes to facilitate more fully 
     and timely responses to congressional inquiries and to 
     improve their responsiveness regarding requested reports, 
     regulations, and other information. The HHS Secretary is 
     requested to provide a report to the Committees on 
     Appropriations by October 1, 2011, on actions HHS and NIH 
     expect to take to improve responsiveness.

       Substance Abuse and Mental Health Services Administration

       Funding levels for appropriations by account, and 
     comparisons to last year's levels and the budget request, can 
     be found in the table at the end of this division. 
     Allocations below that level of detail are included below.
     Center for Mental Health Services (CMHS)
       Within the total provided for CMHS Programs of Regional and 
     National Significance, the bill includes the following 
     amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Capacity:
Co-occuring State Incentive Grant......................          3,611,000         +1,443,000                  0
Seclusion and Restraint................................          2,449,000                  0                  0

[[Page 20688]]

 
Youth Violence Prevention..............................         94,502,000           +169,000                  0
National Child Traumatic Stress Initiative.............         43,750,000         +2,950,000         +2,950,000
Children and Family Programs...........................          9,194,000                  0                  0
Performance Management and Coordination Activities.....          3,530,000           +364,000                  0
Consumer and Family Network Grants.....................          6,436,000           +200,000                  0
Mental Health Transformation and Health Reform.........         26,924,000         -2,182,000         -4,000,000
Project LAUNCH.........................................         25,000,000                  0         -2,000,000
Primary and Behavioral Health Integration..............         49,000,000        +35,000,000        +35,000,000
    Appropriation in this bill.........................         14,000,000                  0                  0
    PPH Fund Allotment*................................         35,000,000        +15,000,000        +35,000,000
Community Resilience and Recovery Initiative...........          5,000,000                  0                  0
Suicide Prevention PPH Fund Allotment*.................         10,000,000        +10,000,000        +10,000,000
Suicide Lifeline.......................................          5,522,000                  0         -2,000,000
Garrett Lee Smith-Youth Suicide Prevention:
    State Grants.......................................         29,738,000                  0           -700,000
    Campus Grants......................................          4,975,000                  0           -425,000
American Indian/American Native Suicide Prevention.....          2,944,000                  0         -2,944,000
Homeless Prevention Programs...........................         39,696,000         +7,446,000                  0
Older Adult Programs...................................          4,814,000                  0                  0
Minority AIDS..........................................          9,283,000                  0                  0
Criminal and Juvenile Justice Programs.................          6,684,000                  0                  0
Science to Service:
Garrett Lee Smith-Suicide Resource Center..............          4,957,000                  0                  0
Information Dissemination and Training.................          8,528,000           -473,000                  0
National Registry of Evidence Based Programs and                   544,000                  0                  0
 Practices.............................................
SAMHSA Health Information Network......................          2,644,000            -29,000                  0
Consumer & Consumer Support Technical Assistance                 1,927,000                  0                  0
 Centers...............................................
Minority Fellowship Program............................          4,279,000                  0                  0
Disaster Response......................................          1,054,000                  0                  0
Homelessness...........................................          2,306,000                  0                  0
HIV/AIDS Education.....................................            774,000           -200,000                 0
----------------------------------------------------------------------------------------------------------------
*Amount allotted in this bill from the Prevention and Public Health (PPH) Fund, which was authorized and
  appropriated in the Patient Protection and Affordable Care Act.

       Within the funding provided for the National Child 
     Traumatic Stress Initiative, $1,000,000 is included for the 
     National Center for Child Traumatic Stress for data analysis 
     and support.
       The bill does not include funding for a combined Mental 
     Health/Substance Abuse Screening, Brief Intervention, and 
     Referral to Treatment Program.
       Asian American and Pacific Islander (AAPI) females between 
     the ages of 15-24 have high rates of depression and suicide 
     ideation and AAPI females over the age of 65 have among the 
     highest rates of suicide of any ethnic group. SAMHSA is urged 
     to ensure that they are aware of this disparity as they 
     coordinate suicide prevention activities in the community, in 
     the schools, on college campuses and in facilities treating 
     elder populations.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20689]]

     
     


[[Page 20690]]

     Center for Substance Abuse Treatment (CSAT)
       Within the total provided for CSAT Programs of Regional and 
     National Significance, the bill includes the following 
     amounts:

----------------------------------------------------------------------------------------------------------------
                                                                              This bill committee compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Capacity:..............................................  .................                 $0                 $0
Co-occuring State Incentive Grant......................          4,113,000           -150,000                  0
Opioid Treatment Programs/Regulatory Activities........          8,903,000                  0                  0
Screening, Brief Intervention, Referral, and Treatment          54,106,000        +25,000,000        +17,000,000
 (SBIRT)...............................................
    Appropriation in this bill.........................         29,106,000                  0         -8,000,000
    PPH Fund Allotment*................................         25,000,000        +25,000,000        +25,000,000
Targeted Capacity Expansion-General....................         28,481,000           -508,000                  0
Pregnant and Postpartum Women..........................         16,000,000                  0         -1,350,000
Strengthening Treatment Access and Retention...........          1,775,000                  0                  0
Recovery Community Services Program....................          5,236,000                  0                  0
Access to Recovery.....................................         98,954,000                  0         -9,900,000
Children and Families..................................         30,488,000           -190,000                  0
Treatment Systems for Homeless.........................         47,360,000         +4,610,000                  0
Minority AIDS..........................................         65,988,000                  0           +100,000
Criminal Justice Activities............................         75,913,000         +8,278,000         -8,278,000
Services Accountability................................         20,716,000            +70,000           -100,000
National All Schedules Prescription Electronic                   3,000,000         +1,000,000         +1,000,000
 Reporting (NASPER)....................................
Science to Service:
    Addiction Technology Transfer Grants...............          9,081,000                  0                  0
    Minority Fellowship Program........................            547,000                  0                  0
    Special Initiatives/Outreach.......................          2,420,000            +20,000                  0
    Information Dissemination..........................          4,353,000           -200,000                  0
    National Registry of Evidence-based Programs and               893,000                  0                  0
     Practices.........................................
    SAMHSA Health Information Network..................          3,782,000           -473,000                  0
    Program Coordination and Evaluation................          5,045,000           -169,000                 0
----------------------------------------------------------------------------------------------------------------
*Amount allotted in this bill from the Prevention and Public Health (PPH) Fund, which was authorized and
  appropriated in the Patient Protection and Affordable Care Act.

       The bill does not include funding for a combined mental 
     health/substance abuse Screening, Brief Intervention, and 
     Referral to Treatment program. Funds provided from the 
     Prevention and Public Health Fund shall be used for the 
     existing evidence-based SBIRT program.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20691]]

     
     


[[Page 20692]]

     Center for Substance Abuse Prevention (CSAP)
       Within the total provided for CSAP Programs of Regional and 
     National significance, the bill includes the following 
     amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Capacity:
    Strategic Prevention Framework.....................        111,608,000                  0         +8,097,000
        Partnerships for Success.......................         33,829,000        +22,163,000                  0
    Mandatory Drug Testing.............................          5,206,000                  0                  0
    Minority AIDS......................................         41,385,000                  0                  0
    Performance Management.............................          6,300,000                  0                  0
    Sober Truth on Preventing (STOP) Underage Drinking.         10,000,000         +3,000,000         +2,000,000
    Project LAUNCH.....................................                  0                  0         -9,683,000
    Prevention Prepared Communities....................                  0                  0        -22,600,000
Science to Service:
    Fetal Alcohol Spectrum Disorder....................          9,821,000                  0                  0
    Center for the Application of Prevention                     8,511,000                  0                  0
     Technologies......................................
    Science  Service Program Coordination..............          4,789,000                  0                  0
    National Registry of Evidence-Based Programs                   650,000                  0                  0
     Practices.........................................
    SAMHSA Health Information Network..................          2,547,000           -202,000             -1,000
    Minority Fellowship Program........................             71,000                  0                  0
----------------------------------------------------------------------------------------------------------------

       SAMHSA is encouraged to ensure that States which receive 
     Partnerships for Success grants give current and former drug-
     free communities grantees priority status as subrecipient 
     grantees.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20693]]

     
     


[[Page 20694]]

       Health Surveillance and Support.In recognition of the 
     increasingly strong evidence of a relationship between youth 
     exposure to alcohol marketing and underage drinking, SAMHSA 
     is encouraged to add to its data collection activities the 
     monitoring and reporting of State laws and regulations that 
     address alcohol marketing targeting young people, including 
     but not limited to: sponsorships of family events, marketing 
     on college campuses, and signage in locales where children 
     are likely to be present.

               Agency for Healthcare Research and Quality

       Funding levels for programs within the Agency for 
     Healthcare Research and Quality (AHRQ), along with 
     comparisons to last year's levels and the budget request, are 
     shown in the table at the end of this division. Any 
     allocations of funding beyond the level of detail in that 
     table are indicated below.
       The bill funds AHRQ through section 241 of the Public 
     Health Service (PHS) Act. In addition, the bill allocates 
     $12,000,000 from the Prevention and Public Health Fund. The 
     following table provides a breakout of key programs and 
     levels of support within funds provided to AHRQ:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget Activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Patient Centered Health Research (PCHR)................         35,000,000        +14,000,000        134,960,000
Prevention/Care Management.............................         15,904,000                  0                  0
Value Research.........................................          3,730,000                  0                  0
Health IT..............................................         30,022,000         +2,377,000         -1,500,000
             Patient Safety Research Total                      75,122,000        -15,463,000        +10,500,000
Healthcare Associated Infections (HAI) Prevention......         34,000,000         +9,000,000         +9,000,000
    Methicillin-Resistant Staphylococcus Aureus (MRSA).          9,500,000           +500,000           +500,000
    Patient Safety Organizations.......................          8,000,000         +1,000,000         +1,000,000
    All other..........................................         23,622,000        -25,963,000                  0
Crosscutting Quality, Effectiveness  Efficiency                114,374,000         +2,585,000        +24,003,000
 Research Total........................................
    Centers for Education  Research in Therapeutics             11,463,000                  0        +11,463,000
     (CERTs)...........................................
    HIV Research Network...............................          2,350,000           +937,000         +2,350,000
    Quality Measure Development........................          7,000,000         +7,000,000         +7,000,000
    Investigator-Initiated Grants......................         40,485,000           +125,000         +3,195,000
    All other..........................................         53,076,000         -5,477,000             -5,000
Medical Expenditure Panel Survey (MEPS)................         59,300,000           +500,000                  0
Program Management.....................................         70,248,000         +2,648,000         -2,465,000
Prevention and Public Health Fund
    Clinical Preventive Services Research..............          5,000,000         +5,000,000
    U.S. Preventive Services Task Force................          7,000,000         +2,000,000
----------------------------------------------------------------------------------------------------------------

       The bill provides AHRQ with resources to sustain and 
     support key Patient-Centered Outcomes Health Research (PCHR) 
     activity, which includes up to $5,000,000 within the PCHR 
     total for Centers for Education and Research in Therapeutics 
     (CERTs). The bill does not intend for any PCHR funding 
     included in fiscal year 2011 to be used to mandate coverage, 
     reimbursement, or other policies for any public or private 
     payer. Further, it is recognized that a ``one-size-fits-all'' 
     approach to patient treatment is not the most medically 
     appropriate solution to treating various conditions. Research 
     conducted should be consistent with departmental policies 
     relating to the inclusion of women and minorities. 
     AHRQ and NIH are requested to submit a joint report within 
     180 days after enactment of this Act on results and status of 
     PCHR activity undertaken with Recovery Act funds, ongoing 
     efforts (independent and jointly), and planned activity with 
     the Patient Centered Outcomes Research Institute.
       The bill restores funding for the CERTs program within the 
     Crosscutting Activity area and provides funding for 
     additional CERTs in other areas of AHRQ's research portfolio.
       AHRQ is urged to support investigator-initiated research 
     aimed at identifying new interventions to reduce healthcare-
     associated infections (HAIs), the most common of which is 
     Methicillin-Resistant Staphylococcus Aureus (MRSA). Although 
     in some cases adequate knowledge about how to reduce HAIs is 
     available and the primary barrier is how to implement and 
     apply that knowledge, in other cases, optimal solutions are 
     not apparent.
       AHRQ is requested to develop ways to improve and measure 
     HAI information dissemination and adoption by the health care 
     community and strongly encouraged to partner with CDC, NIH, 
     and other agencies on this endeavor.
       AHRQ is requested to provide the Committees on 
     Appropriations a report within 180 days after enactment 
     regarding progress on, and plans for, development of new ways 
     to improve dissemination and measure adoption of techniques 
     to reduce HAIs.
       There are concerns about declines in the number of, and 
     funding for, training grants for the next generation of 
     researchers. AHRQ is urged to provide greater support to pre- 
     and post-doctoral training grants and fellowships to ensure 
     America stays competitive in the global research market.

               Centers For Medicare And Medicaid Services

       Funding levels for programs within the Centers for Medicare 
     and Medicaid Services (CMS), along with comparisons to last 
     year's levels and the budget request, are shown in the table 
     at the end of this division. Any allocations of funding 
     beyond the level of detail in that table are indicated below.
     Program Management
       Funding is included to support medical operations 
     activities that may include required information technology 
     (IT) security and sustainability investments, data encounter, 
     payment system customization, IT infrastructure 
     modernization, and other medical operations workload issues.
       CMS may use funds to design a data improvement initiative. 
     Prior to implementation of any data improvement initiative, 
     the Committees on Appropriations must review a 5-year plan 
     for the initiative with cost estimates and timelines. The 
     plan should include measurable objectives divided into 1-year 
     project periods that can be requested and approved through 
     the annual appropriations process. In addition, CMS is 
     directed to provide a comprehensive strategic plan by 
     February 15, 2011, covering all data improvement activity 
     proposed by CMS.
       The medical operations level provides up to $5,000,000 to 
     create a test environment for modeling industry solutions in 
     a secure setting. This environment should allow vendors to 
     work independently and with CMS to seek solutions and execute 
     ``proof of concept'' tests for CMS issues in a secure 
     environment, using Medicare test data, on CMS technical 
     architecture, in an isolated, stand-alone environment for 
     independent vendor testing of industry solutions. The scope 
     should allow ``proof of concept'' tests to determine solution 
     effectiveness in addressing Medicare issues such as improper 
     payment, quality measurement, data exchange, and concepts 
     developed by the CMS Center for Innovation. The test 
     environment must ensure data privacy and security, comply 
     with CMS technical architecture standards, provide temporary 
     access and secure connectivity for vendor testing, and make 
     relevant data sets available for product testing. Management 
     support should include scheduling and resource allocation, ID 
     management and credentialing, provisioning support, and 
     technical support for vendors related to use of the test 
     environment. CMS should provide the Committees on 
     Appropriations with a report and timeline on the development 
     of the test environment within 180 days after enactment of 
     this Act.
       The bill includes $68,000,000 for research activities 
     remaining from the Medicare Improvement for Patients and 
     Providers Act of 2008. The bill includes the requested 
     funding level for all other activities within the Medical 
     Operations account. The bill provides sufficient funding for 
     survey and certification activities to provide surveys of all 
     types of facilities at least once every 6 years. Prior to 
     2010, some types of facilities were reviewed as infrequently 
     as once every 11.5 years, including ambulatory surgery 
     centers. These types of facilities have been implicated in 
     past outbreaks of healthcare-associated infections (HAIs). 
     Greater frequency of surveys is expected to increase 
     awareness of and reduction in the occurrence of HAIs. CMS is 
     directed to train all State inspectors on CDC's revised HAI 
     interpretative guidelines. With the increased frequency of 
     inspections, surveyors must be equipped to detect evidence of 
     HAIs or faulty procedures that could result in HAIs.
       Medicare beneficiaries who are blind or visually impaired 
     are eligible for physician-prescribed rehabilitation services 
     from approved health care professionals on the same basis as 
     beneficiaries with other medical conditions that result in 
     reduced physical functioning. There is concern that the 
     effectiveness of vision rehabilitation services may be 
     compromised by the current exclusion of Medicare coverage of 
     vision assistive equipment. CMS is requested to evaluate the 
     policies relating to vision assistive equipment and devices 
     prescribed: (1) by a Medicare-approved physician in 
     conjunction with Medicare-approved vision rehabilitation

[[Page 20695]]

     services, (2) for purposes other than correcting the 
     refractive state of the eye, (3) to a beneficiary receiving 
     Medicare-approved vision rehabilitation services, or (4) 
     consistent with, and on the same basis, as Medicare coverage 
     provided to beneficiaries receiving durable medical equipment 
     (DME) related to other Medicare-covered rehabilitation 
     services. CMS is requested to provide an update on the 
     progress of the review in the fiscal year 2012 budget 
     request.
       The CMS Innovation Center is directed to establish an 
     intra-agency innovation collaboration group with 
     participation from CDC, NIH, AHRQ, HRSA and other appropriate 
     HHS organizations to assist in the identification of 
     promising innovations. These agencies are recognized for 
     their work to improve science and healthcare operations, and 
     their standing in the health care industry can enhance the 
     Center's work. The Center is urged to develop cooperative 
     activities with these agencies.
       CMS is urged to ensure its Recovery Audit Contractor 
     Program does not create significant budgetary problems for 
     hospitals that are operating in good faith and whose appeals 
     are eventually settled in their favor. While the process has 
     been modified so that contractors pay now reflects the number 
     of successful denials, the program may still incentivize the 
     volume of citations over the quality. CMS is encouraged to 
     consider evaluating contractors and reviewers to ensure that 
     they are adequately trained and they are not generating 
     unreasonable numbers of overturned denials. CMS should 
     consider alternative ways to reclaim payments while a dispute 
     is in the appeals process and provide the Committees on 
     Appropriations an update in the fiscal year 2012 budget 
     request.
       The bill provides resources to expand efforts on preventing 
     fraud, reducing improper payments and paying claims right the 
     first time. CMS is encouraged to continue its efforts to 
     develop a working group with federal agencies, health care, 
     and health insurance industry that includes sharing best 
     practices, data, and other relevant information to decrease 
     health care fraud. CMS should provide a report to the 
     Committees on Appropriations by March 15, 2011, on the first 
     meeting, charter, and future activity planned of this working 
     group.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20696]]

     
     


[[Page 20697]]

                Administration for Children and Families

       Low Income Home Energy Assistance.--Within the amount 
     provided for the Low Income Home Energy Assistance program 
     (LIHEAP), not more than $27,000,000 shall be used for the 
     Leveraging Incentive program.
       Refugee and Entrant Assistance.--The Department shall 
     provide a report within 60 days of enactment of this Act to 
     the Committees on Appropriations on how the Administration 
     for Children and Families (ACF) has implemented the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (TVPRA) as it relates to unaccompanied alien 
     children (UAC). This report should include information on the 
     number of children transferred to ACF's care including their 
     length of the stay, country of origin, and services provided, 
     as well as costs associated with implementing changes in the 
     TVPRA, with relevant data broken out by fiscal year. Further, 
     within funds for the UAC program, the Office of Refugee 
     Resettlement (ORR) shall use up to $250,000 for an 
     independent evaluation of the UAC program, which shall be 
     submitted by September 30, 2011, to determine if it is 
     operating consistent with child welfare best practices.
       Within funds for the UAC program, $8,000,000 is provided to 
     continue the pro bono legal services initiative to ensure 
     legal representation for both released and detained children. 
     These funds should be used to train attorneys to detect 
     abuse, mistreatment, labor exploitation, and trafficking of 
     these children. In addition, a portion of these funds should 
     be used to train attorneys in methods that will ensure the 
     appearance of children at all immigration court hearings. The 
     ORR is expected to use part of these funds to assess the 
     overall impact of the pro bono legal services initiative, 
     including the number and proportion of UACs provided pro bono 
     legal representation.
       The bill does not include additional funding requested by 
     the administration to concentrate more shelter space within 
     250 miles of the border.
       Children and Family Services.--Within Child Abuse 
     Discretionary Activities, funding is not included for a new 
     competitive grant program for State implementation of abuse 
     prevention efforts that was proposed in the President's 
     budget.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20698]]

     
     


[[Page 20699]]

       Within the funds provides for Social Services and Income 
     Maintenance Research, ACF is directed to reserve $1,300,000 
     to conduct a national, comprehensive, 2-year child welfare 
     study in conjunction with the National Academies of Sciences 
     that shall assess the various characteristics of the child 
     welfare workforce and make recommendations regarding the 
     appropriate levels of caseload and overall workload, 
     training, and supervision, and make recommendations for 
     linking workforce data to data on child outcomes.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20700]]

     
     


[[Page 20701]]



[[Page 20702]]



[[Page 20703]]

       With regard to the Community Services Block Grant (CSBG), 
     ACF is directed to allocate $500,000 of CSBG training and 
     technical assistance funds for a national community economic 
     development training and capacity development initiative.
       Within the amount for Economic Development, up to 
     $20,000,000 shall be used for the Healthy Food Financing 
     Initiative, as proposed in the President's budget.
       Within the total for Family Violence Prevention, up to 
     $2,000,000 is included for a program requested by the 
     Administration targeting children exposed to domestic 
     violence.
       Within the total for Program Direction, the bill includes 
     up to $5,000,000 for additional staff and associated costs to 
     improve oversight and monitoring of ACF programs. The bill 
     includes a total increase of up to $25,000,000 for program 
     integrity initiatives within ACF--$15,000,000 within Head 
     Start, $5,000,000 within LIHEAP and up to $5,000,000 within 
     Program Direction. Within 60 days of enactment of this Act, 
     ACF is directed to provide the Committees on Appropriations a 
     strategic plan on how these funds will be used to increase 
     program integrity efforts at ACF.

                        Administration on Aging

       Funding levels for programs within the Administration on 
     Aging (AoA), along with comparisons to last year's levels and 
     the budget request, are shown in the table at the end of this 
     division. Any allocations of funding beyond the level of 
     detail in that table are indicated below.
       Nutrition Services.--The AoA is directed to continue 
     including in future congressional budget justifications the 
     actual amount obligated by States for Home-Delivered 
     Nutrition Services, Congregate Nutrition Services, and Home 
     and Community-Based Supportive Services, including transfers 
     between programs.
       Program Innovations.--Within the total for Program 
     Innovations, AoA is directed to allocate funds for the 
     programs of national significance according to the levels 
     stated in the budget request.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20704]]

     
     


[[Page 20705]]

       Aging Network Support Activities.--Within the Health and 
     Long-Term Care Programs, AoA is directed to prioritize 
     evidence-based disease prevention activities. AoA should 
     continue to evaluate the Health and Long-Term Care programs, 
     measuring their outcomes and impacts and identifying 
     opportunities for improvement.

                        Office of the Secretary

     General Departmental Management
       Funding levels for programs within the Office of the 
     Secretary--General Departmental Management, along with 
     comparisons to last year's levels and the budget request, are 
     shown in the table at the end of this division. Any 
     allocations of funding beyond the level of detail in that 
     table are indicated below.
       The Secretary is directed to provide a plan with 
     milestones, performance measures, and estimated funding 
     levels, including any anticipated transfers to other 
     operating divisions and offices of the Department of Health 
     and Human Services (HHS), to the Committees on Appropriations 
     by April 1, 2011, on its base acquisition workforce 
     activities and on specific activities supported above the 
     base due to the increased funding provided for the new 
     acquisition workforce capacity initiative.
       The bill includes $800,000 for the National Academy of 
     Sciences (NAS) to update its 2005 report titled, ``Assessment 
     of the Scientific Information for the Radiation Exposure 
     Screening and Education Program.'' NAS should review new 
     scientific data to determine whether the current Radiation 
     Exposure Compensation Act (RECA) program should be expanded. 
     More specifically, the study should include recommendations 
     as to whether additional diseases or illnesses, classes of 
     workers, and geographic areas should be compensated through 
     RECA.
       Continued funding is provided in the Office of the 
     Secretary to coordinate the Department's efforts to address 
     healthcare-associated infections (HAIs). The Secretary is 
     urged to expand the Department's current focus for reducing 
     HAIs from hospitals to all healthcare settings, including 
     outpatient facilities.
       The Hepatitis Interagency Workgroup is directed to develop 
     and publicly release a national strategy to reduce new 
     hepatitis B and C infections and the morbidity and mortality 
     related to chronic viral hepatitis, as well as linkage to 
     care no later than February 1, 2011. In addition, the 
     Hepatitis Interagency Workgroup, in collaboration with the 
     Centers for Disease Control and Prevention, shall submit a 
     report by April 1, 2011, on each of the recommendations made 
     in the Institute of Medicine report, ``Hepatitis and Liver 
     Cancer: A National Strategy for Prevention and Control of 
     Hepatitis B and C'' and on the steps HHS has taken to adopt 
     them.
       The Secretary shall report, not later than March 31, 2011, 
     on up-to-date, State-by-State monthly trends in participation 
     in the Temporary Assistance for Needy Families (TANF) program 
     and related matters. Data shall include caseload and benefit 
     levels, eligibility requirement, diversion and sanctions 
     policies, and term limits. Caseload data shall include 
     percentages of eligible children and families served. Data 
     shall be reported on an annual basis beginning with fiscal 
     year 1991, and on a monthly basis beginning with fiscal year 
     2007.
       Not later than July 15, 2011, and annually thereafter, the 
     Department shall submit to the Committees on Appropriations a 
     report on its progress toward achieving each of the 
     sustainability goals and targets applicable to all U.S. 
     Government agencies as outlined in Executive Order 13514.
       Adolescent Family Life (AFL).--Funding provided for care 
     demonstration grants under the AFL program is limited to 
     continuation costs.
       Office of Minority Health (OMH).--Within the total for OMH, 
     the bill includes $4,000,000 for programs focused on the 
     improvement of geographic minority health and the reduction 
     in health disparities for rural disadvantaged minority 
     populations.
       Also within the OMH total, the bill includes $1,000,000 to 
     continue the national health provider education program on 
     lupus.
       Office of Women's Health (OWH).--Within the total for OWH, 
     the bill includes $3,375,000 to continue the violence against 
     women prevention initiative.

[[Page 20706]]

     
     


[[Page 20707]]

     Office of Inspector General (OIG)
       The funding levels for the OIG, along with comparisons to 
     last year's levels and the budget request, are shown in the 
     table at the end of this division. Any allocations of funding 
     beyond the level of detail in that table are indicated below.
       Within the total, no less than $6,000,000 is intended to 
     support in-depth oversight of Head Start, the Low Income Home 
     Energy Assistance Program, and the Child Care and Development 
     Block Grant. The OIG is expected to provide the Committees on 
     Appropriations a mid-report briefing not later than 6 months 
     after enactment of this Act.
       The remaining funds provided above the fiscal year 2011 
     budget request is intended to allow the OIG to conduct 
     additional investigations and audits of discretionary 
     programs as part of the Department's new program integrity 
     initiative to prevent waste and fraud.
     Public Health and Social Services Emergency Fund
       Funding levels for programs within the Public Health and 
     Social Services Emergency Fund, along with comparisons to 
     last year's levels and the budget request, are shown in the 
     table at the end of this division.
       The Secretary is directed to update the HHS Pandemic 
     Influenza Plan, incorporating lessons learned during the 2009 
     H1N1 pandemic and response, especially as it pertains to the 
     vaccine development and delivery processes, and to submit 
     this plan to the Committees on Appropriations no later than 
     February 15, 2011. In addition, this report should include 
     the specific steps HHS will take to use unobligated emergency 
     funds to implement these lessons learned.
       The bill rescinds emergency funding made available in 
     Public Law 111-32 for pandemic influenza emergency and 
     response activities. While this funding has been available to 
     the Administration since June 2009, the President has not 
     designated the allocation of these resources to any agency or 
     for any purpose.
     Prevention and Public Health Fund
       The bill transfers the following amounts for the following 
     programs from the Prevention and Public Health Fund:

------------------------------------------------------------------------
                                                           This bill
                                                         compared to--
          Budget activity               This bill     ------------------
                                                            FY 2010
------------------------------------------------------------------------
Community-Based Prevention:              $530,000,000      +$414,800,000
    Chronic Disease:                      395,000,000       +310,167,000
        Healthy Weight                              0         -5,000,000
         Collaborative (HRSA).....
        Community Transformation          145,000,000       +145,000,000
         Grants (CDC).............
        Communities Putting                         0        -44,433,000
         Prevention to Work (CDC).
        Chronic Disease Prevention        140,000,000       +140,000,000
         State Grant Program (CDC)
        Office of Smoking and              50,000,000        +35,500,000
         Health (CDC).............
        Racial and Ethnic                  25,000,000        +25,000,000
         Approaches to Community
         Health (CDC).............
        Primary and Behavioral             35,000,000        +15,000,000
         Health Integration
         (SAMHSA).................
        Tobacco Prevention and                      0           -900,000
         Cessation Activities (HHS
         OS)......................
    Other Community-Based                 135,000,000       +104,633,000
     Prevention:
        Section 317 Immunization          100,000,000       +100,000,000
         Program (CDC)............
        Enhanced HIV Testing (CDC)                  0        -30,367,000
        Screening, Brief                   25,000,000        +25,000,000
         Intervention, Referral to
         Treatment (SAMHSA).......
        Suicide Prevention                 10,000,000        +10,000,000
         (SAMHSA).................
Core Public Health Infrastructure          85,000,000         -7,329,000
 for State and Local Health Depts:
    Public Health Workforce                20,000,000        +20,000,000
     Development (HRSA)...........
    Public Health Training Centers                  0        -14,829,000
     (HRSA).......................
    Epidemiology-Laboratory                40,000,000        +20,000,000
     Capacity Grants (CDC)........
    Public Health Workforce                25,000,000        +17,500,000
     Development (CDC)............
    Public Health Infrastructure                    0        -50,000,000
     (CDC)........................
Surveillance:                              83,000,000        +63,142,000
    Environmental Public Health            35,000,000        +35,000,000
     Tracking Program (CDC).......
    National Center for Health             30,000,000        +10,142,000
     Statistics (CDC).............
    Behavioral Health Surveillance         18,000,000        +18,000,000
     (SAMHSA).....................
Prevention Research:                       35,000,000        +34,500,000
    Public Health Research (CDC)..         20,000,000        +20,000,000
    Prevention Research Centers            10,000,000        +10,000,000
     (CDC)........................
    Clinical Preventive Services            5,000,000         +5,000,000
     Research (AHRQ)..............
    Healthy Weight Practice-based                   0           -500,000
     Research Networks (AHRQ).....
Prevention Task Forces:                    14,000,000         +4,000,000
    Community Prevention Task               7,000,000         +2,000,000
     Force (CDC)..................
    Clinical Prevention Task Force          7,000,000         +2,000,000
     (AHRQ).......................
Other Activities, including                 3,000,000       -259,113,000
 coordination:
    Primary Care Residencies and                    0       -198,122,000
     Physician Assistant Training
     (HRSA).......................
    Traineeships for Nurse                          0        -31,431,000
     Practitioner Students (HRSA).
    State Health Workforce                          0         -5,750,000
     Development Grants for
     Primary Care (HRSA)..........
    Nurse Managed Care Centers                      0        -15,268,000
     (HRSA).......................
    Nutrition, Physical Activity,                   0           -255,000
     and Screen Time Standards in
     Child Care Settings (HRSA)...
    Prevention Outreach Activities          2,000,000         +2,000,000
     (CDC)........................
    National Prevention Strategy            1,000,000           +858,000
     (CDC)........................
    PPH Fund Coordination and                       0    -10,120,0000634
     Strategic Planning, including
     media campaigns (HHS OS).....
President's Council on Fitness,                     0           -925,000
 Sports, and Nutrition (HHS OS)...
Healthy Living Innovation Awards                    0           -100,000
 (HHS OS).........................
                                   -------------------------------------
        Total Public Health and          $750,000,000      +$250,000,000
         Prevention Fund:.........
------------------------------------------------------------------------

                           General Provisions

       Sections 201-205 and 207-216 are continuations of general 
     provisions included in the fiscal year 2010 version of this 
     Act.
       Section 206 provides the Secretary of HHS with the 
     authority to transfer up to 1 percent of discretionary funds 
     between appropriations, but no such appropriations shall be 
     increased by more than 3 percent by any such transfer. For 
     HRSA, CDC, and SAMHSA, no transfer 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. This transfer authority 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. The Committees on 
     Appropriations are to be notified not less than 15 days in 
     advance of any transfer, with such notification to include an 
     explanation of the effects of the proposed transfer by 
     program, project, and activity.
       Section 217 is a new provision that henceforth, no funds 
     appropriated for a fiscal year in this or any subsequent Act 
     shall be allocated by the Secretary for individual offices of 
     minority health.
       Section 218 is a new provision that permanently transfers 
     the Health Education Assistance Loan program from the 
     Secretary of HHS to the Secretary of Education.
       Section 219 is a new provision that henceforth, no funds 
     appropriated for fiscal year 2011 or in any previous or 
     subsequent Act shall be available for transfer for the United 
     States Public Health Sciences Track.
       Section 220 is a new provision approving use by the 
     National Institutes of Health Director of transfer authority 
     provided through the Public Health Service Act, with 15-day 
     advance notice to the Committees on Appropriations.

                               TITLE III

                        DEPARTMENT OF EDUCATION 

       Funding levels for programs within the Department of 
     Education, along with comparisons to last year's levels and 
     the budget request, are shown in a table at the end of this 
     division. Any allocations of funding beyond the level of 
     detail in that table are indicated below.

                    Education for the Disadvantaged

       Title I Grants to Local Educational Agencies.--To meet the 
     educational needs of American Indian students, the Secretary 
     of Education is directed to ensure that Bureau of Indian 
     Education schools receive no less than 0.7 percent of the 
     Elementary and Secondary Education Act of 1965 (ESEA) Title I 
     grants pursuant to regular appropriations and will receive 
     this amount in relevant future emergency funding, consistent 
     with the standard practice prior to the American Recovery and 
     Reinvestment Act of 2009.
       School Improvement Grants (SIG).--Many children in schools 
     receiving SIG funds face myriad personal, familial, and 
     community challenges (including exposure to trauma and 
     poverty-related stressors), and these challenges follow 
     students into their schools, often resulting in distracting, 
     disruptive, and ineffective learning environments. Even the 
     best school leaders and teachers cannot achieve optimal 
     results unless poverty-related barriers to teaching, 
     learning, and school organization are addressed and effective 
     conditions for learning are established. These barriers to 
     teaching and learning must be addressed in addition to in-
     school factors in order to achieve sustained academic 
     success.
       The Department is therefore directed to require that States 
     and local educational agencies that receive school 
     improvement funding use it to develop programs, policies, and 
     practices to improve student learning and increase academic 
     achievement. Specifically, in addition to addressing factors 
     such as the usage of time, instructional practices, and 
     professional development and supports, the Department is 
     directed to require that all recipients of school improvement 
     funds have a plan in place for addressing the academic and 
     non-academic needs of individual students, including 
     improving the overall school climate where necessary. At 
     minimum, such plans shall assess and address as appropriate 
     the development of school-based systems to identify and 
     address individual student academic, behavioral or social 
     needs; support a positive and developmentally appropriate 
     school climate; and identify how families and the community 
     will be engaged in the school turnaround process.
       The Department also is directed to encourage grantees to 
     utilize external partners, where appropriate, with proven 
     expertise in turning around low-performing schools, 
     particularly in terms of establishing effective conditions 
     for teaching and learning.
       The bill intends that the term ``low-performing feeder 
     middle school'' apply to an elementary or secondary school 
     that contains

[[Page 20708]]

     not less than two or more successive grades beginning with 
     grade 5 and ending with grade 8 and for which a high 
     proportion of the students go on to attend a high school with 
     a graduation rate of less than 60 percent; and more than 50 
     percent of the students do not perform at a proficient level 
     on State student academic assessments required under section 
     111(b)(3) of the ESEA in mathematics or reading or language 
     arts.
       Early Learning Challenge Fund.--Within the Early Learning 
     Challenge Fund, funds should be used to improve the quality 
     of early learning programs and services for disadvantaged 
     children from birth through the age of kindergarten entry. In 
     addition, any use of assessments should conform with the 
     recommendations of the National Research Council's reports on 
     early childhood.

                      School Improvement Programs

       Funding is not included within the total provided for State 
     Assessments for a competitive grant program designed to 
     support State efforts to improve their assessment systems.
       21st Century Community Learning Centers (CCLC).--The bill 
     includes language to expand program eligibility for subgrants 
     under the 21st CCLC program. An increase of 
     $135,000,000 is provided above the fiscal year 2010 level so 
     that funding can be provided for both after- school and 
     expanded-learning-time programs without causing students in 
     working families that benefit from currently operating 
     afterschool programs to lose critical afternoon enrichment 
     and supervision while their parents are at work.
       State educational agencies shall require that existing 
     subgrantees seeking to substantially change activities 
     implemented using continuation funds from their multi-year 
     awards demonstrate how the needs of at-risk students most in 
     need of afterschool services who are no longer served under 
     such new activities will continue to have their needs met, 
     such as by phasing in the new services and making referrals 
     to other providers offering comparable services.
       Local school districts and community partners are best 
     suited to determine the appropriate use of funds to address 
     the needs of their respective students, school and 
     community. To that end, State educational agencies 
     should award grants to high-quality programs that address 
     individual student learning needs and student well-being. 
     Funded programs should (1) deliver services through a variety 
     of high-quality and effective strategies for boosting 
     learning and enrichment including after-school, before 
     school, summer school, and extended day, week or year 
     opportunities; and (2) align with and complement, rather than 
     replicate, the regular school day, by offering a range of 
     activities that capture student interest and support student 
     engagement to promote higher class attendance, reduce risk 
     for retention or dropping out, and include activities that 
     promote good health.
       The Department is directed to provide guidance and 
     technical assistance to States, schools and community 
     partners on how to ensure strong community-school 
     partnerships, continuous quality improvement and that 
     programs meet the needs of individual students.

                       Innovation and Improvement

       Teacher Incentive Fund.--With respect to 2010 awards under 
     the Teacher Incentive Fund, the Department is directed to 
     report to the Committees on Appropriations the information 
     provided by grantees related to the process and data used to 
     demonstrate the extent of teacher and school leader support 
     and involvement in the performance-based compensation system; 
     the process by which the Department will monitor and assess 
     planning grantee activities related to the support and 
     involvement of teachers and school leaders in the 
     performance-based compensation system; and the actions the 
     Department will take if planning grantees do not achieve 
     adequate involvement and support of teachers and school 
     leaders in such systems. The Committees also expect to be 
     informed of how this information will be used in structuring 
     the fiscal year 2011 grant application and evaluating 
     applications submitted under the competition. This report 
     should be provided not later than 60 days after enactment of 
     this Act.
       Fund for the Improvement of Education (FIE).--Within the 
     total for FIE, the bill includes funding for the following 
     activities:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Arts in Education......................................         40,274,000            274,000         40,274,000
Data Quality and Evaluation............................          3,000,000          1,885,000         -2,000,000
Exchanges with Historic Whaling and Trading Partners...          8,754,000                  0          8,754,000
Foundations for Learning...............................          1,000,000                  0          1,000,000
Full-Service Community Schools.........................          9,500,000           -500,000          9,500,000
National Clearinghouse for Educational Facilities......          1,000,000                  0          1,000,000
National History Day...................................            500,000                  0            500,000
Reading is Fundamental.................................         24,803,000                  0         24,803,000
Reach Out and Read.....................................          6,000,000                  0          6,000,000
Parental Assistance Information Centers................         39,254,000                  0         39,254,000
Peer Review............................................            250,000           -420,000                  0
Communities in Schools.................................          3,774,000            274,000          3,774,000
Women's Educational Equity.............................          2,278,000           -145,000                  0
----------------------------------------------------------------------------------------------------------------

       Within the $40,274,000 provided for Arts in Education, the 
     funds shall be distributed as follows: $9,235,000 funding for 
     VSA; $6,838,000 for the John F. Kennedy Center for the 
     Performing Arts; $14,616,000 for model arts programs; 
     $9,000,000 for model professional development programs for 
     music, drama, dance and visual arts educators; and $585,000 
     for evaluation and national dissemination activities.
       The bill includes funding for the following projects in the 
     following amounts:

[[Page 20709]]

     
     


[[Page 20710]]



[[Page 20711]]



[[Page 20712]]



[[Page 20713]]



[[Page 20714]]



[[Page 20715]]



[[Page 20716]]



[[Page 20717]]

                 Safe Schools And Citizenship Education

       National Activities.--The bill includes funding for the 
     following activities:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                          FY 2011  budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Improving School Culture and Climate...................        $48,300,000          -$673,802        $48,300,000
Building State Capacity for Prevention of Youth                          0         -4,142,429                  0
 Substance Abuse.......................................
School and College Emergency Preparedness..............         40,000,000                  0                  0
Safe Schools/Healthy Students..........................         77,816,000                  0         54,566,000
Student Drug Testing...................................                  0         -5,823,448                  0
Postsecondary Education Drug and Violence Prevention...          6,300,000            930,276                  0
Sober Truth on Preventing Underage Drinking (STOP Act).          2,500,000                  0          2,500,000
Project SERV...........................................                  0                  0         -5,000,000
Other activities.......................................          7,477,000            761,403         -2,859,000
----------------------------------------------------------------------------------------------------------------

       Physical Education Program.--For the Carol M. White 
     Physical Education Program, the Department shall provide a 
     report to the Committees on Appropriations on the capacity of 
     the Department to: (1) capture and make available information 
     to potential grantees on best practices in physical education 
     instruction that have been identified by previous grant 
     activities, including specifically those related to physical 
     education programs for students with disabilities; and (2) 
     conduct outreach efforts on the availability of physical 
     education funding for low-income and disadvantaged 
     communities.
       School Counseling.--In an effort to better leverage the 
     federal investment in school counselors and to aid in the 
     improvement of school mental health, the Department is 
     directed to require that program applicants for School 
     Counseling grants describe a plan that proposes to address 
     the significant levels of risk and need in high-need schools 
     in an integrated manner. This must include the creation of 
     schoolwide systems to respond to at-risk students' emotional 
     and behavioral issues, the integration of vital community 
     services, and the enhancement of staff skills throughout the 
     building. Grantees should be expected to demonstrate that 
     program funds will support the coordination of services with 
     local mental health providers; provide training for non-
     mental health staff on warning signs for at-risk students; 
     enhance schoolwide social and emotional learning; and develop 
     school-based triage teams designed to support student needs. 
     The Department is also directed to provide a briefing to the 
     Committees on Appropriations on the planned use of funds for 
     this purpose not less than 30 days prior to the release of a 
     request for proposals.
       Civic Education.--Within the $46,500,000 provided for the 
     Civic Education program, the bill provides $19,617,000 for 
     the We the People programs, including $2,957,000 to continue 
     the cooperative project involving the Center for Civic 
     Education and other organizations related to knowledge, 
     understanding, and support of American democratic 
     institutions; $2,000,000 for the iCivics initiative, 
     $13,383,000 for the Cooperative Education Exchange program, 
     and $11,500,000 for competitive grants.
       School Culture and Climate.--Funds available for this 
     initiative may be used for character education as part of 
     integrated activities designed to improve conditions for 
     learning that will help schools improve safety, school 
     culture and climate; reduce substance use; and enhance 
     student physical and mental well-being.

                           Special Education

       Within the amount for Technology and Media Services, 
     $737,000 is available for the Reading Rockets program, 
     administered by the Greater Washington Educational Television 
     Association. Also within this amount, the bill specifies 
     $13,250,000 for Recordings for the Blind and Dyslexic, Inc., 
     for continued production and circulation of recorded 
     educational materials, and development and implementation of 
     new technologies.
       Within the amount for Parent Information Centers, the 
     additional funds provided should be used to support the work 
     of all centers, balanced by the importance of targeting 
     additional resources to centers that are serving areas with 
     growing populations.

            Rehabilitation Services and Disability Research

       Demonstration and Training Programs.--The bill includes 
     funding for the following projects in the following amounts:

[[Page 20718]]

     
     


[[Page 20719]]

       Workforce Innovation Funds.--The bill includes $27,000,000 
     to fund competitive grants for workforce innovation 
     activities. Grant activities should test innovative 
     strategies or replicate proven practices that support reforms 
     of the workforce investment system and substantially improve 
     employment and education outcomes for participants, 
     particularly those who are hardest to serve. With respect to 
     grantee eligibility and priority for selecting grant 
     applicants, the Department should follow guidance contained 
     in Senate Report 111-243.

                 Career, Technical, and Adult Education

       Adult Education.--Within the amount in National Leadership 
     Activities, the bill includes $25,000,000 to fund competitive 
     grants for workforce innovation activities. Grant activities 
     should test innovative strategies or replicate proven 
     practices that support reforms of the workforce investment 
     system and substantially improve employment and education 
     outcomes for participants, particularly those who are hardest 
     to serve. With respect to grantee eligibility and priority 
     for selecting grant applicants, the Department should follow 
     guidance contained in Senate Report 111-243.

                      Student Financial Assistance

       Work Study.--The Department shall provide the same funding 
     in fiscal year 2011 as in the prior year for the Work 
     Colleges program authorized under section 448 of the Higher 
     Education Act from the Federal Work-Study Programs 
     appropriation.

                       Student Aid Administration

       The Department shall provide a report to the Committees on 
     Appropriations by March 1, 2011, and biannual reports 
     thereafter, detailing Federal Student Aid's obligation plan, 
     by quarter, for spending mandatory and discretionary funding. 
     This plan should be broken out by servicer, activity and 
     funding source.

                            Higher Education

       Fund for the Improvement of Postsecondary Education 
     (FIPSE).--Within the total for FIPSE, the bill includes 
     funding for the following activities:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                           FY 2011 budget
                                                                                 FY 2010            request
----------------------------------------------------------------------------------------------------------------
Centers of Excellence for Veteran Student Success......         $5,500,000          -$500,000        +$5,500,000
College Textbook Rental Initiative.....................          9,500,000           -500,000         +9,500,000
Training for Realtime Writers..........................          1,000,000                  0         +1,000,000
Off-campus Community Service Program...................            750,000                  0           +750,000
Comprehensive Program..................................         19,947,000         -7,360,000           -750,000
International Program..................................         12,356,000         +2,019,000                  0
Contracts..............................................            600,000                  0                  0
Peer Review............................................            569,000           +167,000                  0
                                                        --------------------------------------------------------
    Total..............................................         50,222,000         -6,174,000         16,000,000
----------------------------------------------------------------------------------------------------------------

       The bill includes funding for the following projects in the 
     following amounts:

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                    Institute of Education Sciences

       Within the amount provided for Research, Development, and 
     Dissemination, the Department is directed to award $2,200,000 
     to the National Academy of Sciences for a study of teacher 
     evaluation methods. The study will address issues such as the 
     uses of student test scores, intended and unintended effects 
     of different evaluation methods, and uses of evaluation 
     results to inform personnel decisions. Such research is 
     needed to shed light on the scientific issues related to 
     different teacher evaluation techniques. The results of the 
     study will include findings and recommendations for 
     appropriate methods of evaluation that are consistent with 
     current research. The National Academy of Sciences shall 
     issue a preliminary letter report to Congress no later than 6 
     months after the start of the study in order to provide 
     guidance related to caveats and cautions that should be 
     considered with respect to immediate policy uses of teacher 
     evaluation techniques that are currently under consideration, 
     an interim report approximately 18 months after the start of 
     the study, and a final report to Congress no later than 30 
     months after the start of the study.
       In addition, as stated in the Senate report, the Institute 
     of Education Sciences is directed to continue work on 
     research regarding teacher preparation and support a National 
     Research Center on the Gifted and Talented and research on 
     gifted and talented education.

                        Departmental Management

       Within 30 days of enactment of this Act, the Secretary 
     shall provide a report to the Committees on Appropriations 
     detailing the Department and the office of Federal Student 
     Aid's (FSA) work in developing formats and content that 
     synthesize and capture loan level data available in the 
     Department's and FSA's systems: how the data identify 
     measurable trends at loan origination and in loan 
     performance, how FSA is sharing this information with all 
     stakeholders, and how it affects budgetary decisions.

                        Office for Civil Rights

       Within the amount provided for the Office for Civil Rights, 
     the Department shall use no less than $200,000 and up to 
     $750,000 to continue the Educational Opportunity and Equity 
     Commission.

                    Office of the Inspector General

       Funds available in Public Law 111-5 may be used for 
     oversight of the Education Jobs Fund.

                           General Provisions

       Sections 301-306 are continuations of general provisions 
     included in the fiscal year 2010 version of this Act, except 
     that section 304 has been modified to require the Department 
     to explain the effects of transfers by program, project, and 
     activity.
       Section 307 is a new provision establishing an Early 
     Learning Challenge Fund.
       Section 308 is a new provision amending the Department of 
     Education Organization Act and the Carl D. Perkins Career and 
     Technical Education Act of 2006.
       Section 309 is a new provision regarding Impact Aid.
       Section 310 is a new provision regarding highly qualified 
     teachers.

                                TITLE IV

                            RELATED AGENCIES

       Funding levels for Related Agencies receiving 
     appropriations in this Act, along with comparisons to last 
     year's levels and the budget request, are shown in the table 
     at the end of this division. Further details, as applicable, 
     are discussed below.

             Corporation for National and Community Service

       Funding levels for programs within the Corporation for 
     National and Community Service (Corporation), along with 
     comparisons to last year's levels and the budget request, are 
     shown in the table at the end of this division. Any 
     allocations of funding beyond the level of detail in that 
     table are indicated below.
       Operating Expenses.--The Corporation is directed to 
     undertake a survey of the utilization of the newly 
     transferrable Segal Education Award for participants aged 55 
     and older and submit a report to the Committees on 
     Appropriations not later than April 1, 2011, on the results.
       Sufficient funding is included to increase the hourly 
     stipends for Foster Grandparents and Senior Companion members 
     by 10 cents, for a total of $2.75 per hour.
       Within the total for Learn and Serve America, the bill 
     provides $2,000,000 for the Summer of Service program to 
     allow an estimated 4,000 students to participate.
       Within the total for Innovation, Assistance, and Other 
     Activities, the bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                          FY 2011  Budget
                                                                                 FY 2010            Request
----------------------------------------------------------------------------------------------------------------
Social Innovation Fund.................................        $60,000,000       +$10,000,000                  0
Volunteer Generation Fund\1\...........................          5,000,000                  0         -5,000,000
Non-Profit Capacity Building Program...................          2,000,000         +1,000,000         +2,000,000
Serve America Fellowships..............................                  0                  0         -1,000,000
All other innovation, assistance, and other activities.          4,000,000           -500,000        -2,000,000
----------------------------------------------------------------------------------------------------------------
\1\Martin Luther King Day funds provided through the Volunteer Generation Fund, as requested by the President.

       Administrative Provisions.--
       Sections 401-403 are continuations of general provisions 
     included in the fiscal year 2010 version of this Act.
       Section 404 is a new provision requiring that the Summer of 
     Service program be administered as part of Learn and Serve 
     America's Innovative and Community-Based Programs without 
     decreasing the funding provided to States for K-12 student 
     programs.
       Section 405 is a new provision specifying that the use of 
     national service education awards to attend certain 
     institutions or training establishments provided by the 
     Secretary of Veterans Affairs is limited to veterans.

            Federal Mine Safety and Health Review Commission

       For the Federal Mine Safety and Health Review Commission, 
     the bill provides a $1,600,000 increase above the budget 
     request to enable the Commission to begin reducing the 
     backlog of cases in the Office of Administrative Law Judges. 
     The Review Commission and the Department of Labor are 
     encouraged to place an increasing emphasis on contested 
     citations from mine operators with enough penalty citations 
     to qualify under the current pattern of violations sanction.

                Institute of Museum and Library Services

       Office of Museum and Library Services: Grants and 
     Administration.--Within the appropriation for the Institute 
     of Museum and Library Services (IMLS), the bill includes 
     funding for the following activities in the following 
     amounts:

----------------------------------------------------------------------------------------------------------------
                                                                                   This bill compared to--
                                                                           -------------------------------------
                    Budget activity                          This bill                          FY 2011  Budget
                                                                                 FY 2010            Request
----------------------------------------------------------------------------------------------------------------
Library Services Technology Act (LSTA):
    Grants to States...................................       $172,561,000                 $0                 $0
    Native American Library Services...................          4,025,000            +25,000            +25,000
    National Leadership: Libraries.....................         13,975,000         +1,538,000            -25,000
    Laura Bush 21st Century Librarian..................         22,962,000         -1,563,000                  0
Museum Services Act:
    Museums for America................................         19,176,000                  0                  0
    Museum Assessment Program..........................            460,000                  0                  0
    21st Century Museum Professionals..................          2,270,000           +990,000            -10,000
    Conservation Project Support.......................          3,052,000                  0                  0
    Conservation Assessment Program....................            803,000                  0                  0
    Native American/Hawaiian Museum Services...........            985,000            +10,000            +10,000
    National Leadership: Museums.......................          6,981,000         -1,000,000                  0
African American History and Culture Act:
    Museum Grants for African American History and               1,485,000                  0                  0
     Culture...........................................
----------------------------------------------------------------------------------------------------------------

       The legislative language regarding eligibility of Indian 
     tribes for Library Services and Museum Services grants 
     defines an Indian tribe as any tribe, band or nation, 
     including Alaska native villages and regional corporations, 
     recognized by the Secretary of

[[Page 20729]]

     Interior. IMLS should permit grant applications from American 
     Indian tribes and Alaska Native villages listed as entities 
     or sub-entities published in the most recent Federal Register 
     list of federally recognized tribes, pursuant to section 104 
     of Public Law 103-454.
       The bill includes funding for the following projects in the 
     following amounts: 

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                     National Council on Disability

       The National Council on Disability, in consultation with 
     representatives of the limb loss community and the 
     Transportation Security Administration, is directed to review 
     current policies for travelers, determine if it is 
     appropriate to design screening process changes, and report 
     on any proposed changes to the Committees on Appropriations 
     within 180 days of enactment of this Act.

               National Health Care Workforce Commission

       The bill includes $3,000,000 for a new National Health Care 
     Workforce Commission.

                     National Labor Relations Board

       The National Labor Relations Board (NLRB) is directed to 
     submit a report to the Committees on Appropriations within 90 
     days of enactment of this Act addressing NLRB's plan and 
     progress towards reconsidering cases decided during the 
     period that NLRB had a two-member board.

                        National Mediation Board

       For the National Mediation Board, the bill provides a 
     $1,200,000 increase above the budget request to enable the 
     Board to handle the current increase in caseload resulting 
     from the renegotiation of a number of collective bargaining 
     agreements and recent or proposed mergers.

                       Railroad Retirement Board

       Funds from the Railroad Retirement Trust Fund shall not be 
     spent on any charges over and above the actual cost of 
     administering the trust fund, including commercial rental 
     rates.

                     Social Security Administration

       Funding levels for programs within the Social Security 
     Administration (SSA), along with comparisons to last year's 
     levels and the budget request, are shown in the table at the 
     end of this division. Any allocations of funding beyond the 
     level of detail in that table are indicated below.
       The bill includes $1,863,000 within Limitation on 
     Administration Expenses (LAE) to improve the SSA's 
     acquisition workforce capacity. SSA is directed to provide a 
     plan with milestones, performance measures, and estimated 
     funding levels to the Committees on Appropriations by April 
     1, 2011, on its base activities and specific activities 
     supported above the base due to this initiative.
       In order to improve transparency and accountability of 
     unobligated balances of prior-year funds that remain 
     available only for IT and telecommunication initiatives, the 
     bill directs creation of a specific no-year Information 
     Technology and Telecommunications Investment Fund (ITTI Fund) 
     within the LAE account. SSA is directed to include 
     information in its annual budget request on the ITTI Fund, 
     including actual and planned balances, transfers, and 
     expenditures, as well as funds remaining unobligated in 
     prior-year expired accounts. The budget request should also 
     include consolidated information on actual and planned IT and 
     telecommunications investments, including actual and planned 
     uses of these funds and annually appropriated funds used for 
     the same purposes. The bill also rescinds $455,700,000 from 
     unobligated balances of prior year funds remaining available 
     for investments in IT and telecommunication activities 
     pursuant to special language that has been carried in annual 
     appropriations legislation for a number of years.
       As processing time for initial disability claims continues 
     to increase, the Commissioner is requested to develop and 
     implement a plan to reduce processing times to below the 
     fiscal year 2007 level as an initial target, and to use 
     additional resources toward this goal in fiscal year 2011. 
     The Commissioner should report to the Committees on 
     Appropriations not later than 180 days after enactment of 
     this Act on the timeline, plan, and steps taken to move 
     toward this goal. The Commissioner is also urged to expedite 
     as much as possible the plan to reduce the current backlog of 
     disability hearings.
       The Committees appreciate the Commissioner's decision to 
     delay the planned reinstatement of the reconsideration stage 
     of disability review in States where it has been eliminated 
     as SSA examines other activities to speed up final 
     determinations. SSA is directed to submit a report to the 
     Committees on Appropriations within 180 days of enactment of 
     this Act evaluating the reinstatement of the reconsideration 
     stage and other options. SSA is also requested to develop a 
     mechanism to track productivity at the program level (for 
     example DDS, ODAR, and SSA's Operations components including 
     field offices, Payment Service Centers, information 
     technology, and teleservice centers) and report this 
     information in the fiscal year 2012 request along with 
     related impact on program costs.
       The bill includes up to $13,360,000 within the SSI program 
     to be used through an inter-agency agreement with the 
     Department of Labor (DOL) to develop an occupational 
     information network by extending DOL's Occupational 
     Information Network (O*NET)/SOC structure and content model 
     framework to meet SSA needs. While not as robust as required 
     by SSA, O*NET could be leveraged to support SSA's 
     requirements and reduce the overall cost of the project by 
     utilizing DOL's occupational information experts and building 
     on a product that is already developed. The inter-agency 
     agreement should build on pre-existing efforts of both 
     agencies, and address measurable goals, roles and 
     responsibilities, and budget. DOL should solicit input and 
     recommendations from SSA and outside experts, including 
     convening an expert advisory panel jointly selected by DOL 
     and SSA. The SSA and DOL are directed to submit a joint 
     report to the Committees on Appropriations, the House 
     Committee on Ways and Means, and the Senate Finance 
     Committee, with a timeline, major milestones, and projected 
     5-year costs of this project within 180 days of enactment of 
     this Act and annual progress reports thereafter. The initial 
     report should address plans for research and feasibility 
     testing.
       The required operating plan and reprogramming rules in the 
     bill apply to SSA at the program, project, and activity level 
     for all funds provided. The Committees on Appropriations 
     should be notified in advance of any realignment of funds 
     within the specific activities identified on the Extramural 
     Research & Demonstration budget tables supplied for the 
     fiscal year 2011 House hearing record. The operating plan and 
     any reprogramming should include the prior year actual, 
     budget request level, current level (if applicable) and the 
     new operating plan level at this level of detail. In 
     addition, future budget requests and operating plans should 
     include funding levels in at least as much detail.

                                TITLE V

                           GENERAL PROVISIONS

       Sections 501 through 523 are continuations of provisions 
     carried in substantially identical form in the fiscal year 
     2010 version of this Act.
       As stated in the report of the House Committee on 
     Appropriations on the fiscal year 2010 Labor-HHS-Education 
     Appropriations Act, section 509 (which continues a provision 
     prohibiting use of funds for certain research involving human 
     embryos) should not be construed to limit Federal support for 
     research involving human embryonic stem cells carried out in 
     accordance with the policy outlined by the President.
       Section 524 is a new provision, specifying that the policy 
     regarding public access to research results established for 
     the National Institutes of Health by section 217 of division 
     F of Public Law 111-8 shall apply to all Departments funded 
     in the bill having more than $100,000,000 in annual 
     expenditures for extramural research. This policy requires 
     funded researchers to submit to a designated online 
     depository an electronic version of their final peer-reviewed 
     manuscripts upon acceptance for publication, to be made 
     publicly available no later than 12 months after publication.
       Section 525 is a technical correction related to a 
     provision of the Claims Resettlement Act.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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        DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011

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

                                TITLE I

                   LEGISLATIVE BRANCH APPROPRIATIONS

                                 SENATE

       The bill provides $925,986,000 for Senate operations. 
     Inasmuch as these items relate solely to the Senate, and in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention, the House has accepted the 
     proposal of the Senate.
       The language and allocations related to the Senate 
     contained in Senate Report 111-294 should be complied with 
     unless specifically addressed to the contrary in the 
     explanatory statement.

                        HOUSE OF REPRESENTATIVES

       The bill provides $1,371,172,000 for the operations and 
     maintenance of the House of Representatives (hereafter, 
     ``House''). Inasmuch as these items relate solely to the 
     House, and in accordance with long practice under which each 
     body determines its own housekeeping requirements and the 
     other concurs without intervention, the Senate has accepted 
     the proposal of the House.

                  Members' Representational Allowances

       The bill provides $652,000,000 for the representational 
     allowances of the Members of the House for staff salaries, 
     official expenses, and official mail (MRA). This amount is 
     $8,000,000 below the fiscal year 2010 level to reflect the 
     current spending patterns of Members, many of whom do not 
     expend their full authorized level. Based on actual spending 
     data, $652,000,000 is a sufficient level in which to support 
     the current individual authorization levels for Members, 
     established by the Committee on House Administration, which 
     totaled $671,742,822 at the beginning of the 2010 legislative 
     calendar year. It is the longstanding practice of the House 
     Committee on Appropriations to appropriate less than the 
     authorized level to account for projected savings by Members. 
     Furthermore, the bill continues longstanding language 
     returning excess MRA funds to the Treasury.

                    Salaries, Officers and Employees

       The bill provides $193,011,000 for the salaries and 
     expenses of House officers and employees of the various 
     activities funded through this consolidated item, including 
     the House Sergeant at Arms (SAA), Clerk of the House, and 
     Chief Administrative Officer of the House (CAO).
       Access to Buildings.--In the fiscal year 2010 House report, 
     the SAA was directed to report on the causes for delay in 
     accessing the House Office Buildings and the Capitol Building 
     through the Rayburn and Cannon tunnels. While the SAA's 
     report contained a proposed strategy to expedite lines, it is 
     either not being followed or the strategy does not work. 
     Complaints continue regarding the wait times for both 
     visitors and staff. Therefore the SAA and the Capitol Police 
     are directed to find a permanent solution to the problem and 
     present a detailed plan to the House Committee on 
     Appropriations by February 4, 2011 for all House side 
     entrances that reduces wait time for visitors to no longer 
     than 10 minutes during peak time.
       Services for Members and Staff.--The CAO's office markedly 
     improved its services and outreach in the past few months 
     which has reduced the number of complaints regarding services 
     that are under the jurisdiction of the CAO. However, 
     challenges remain, specifically with regard to the Office of 
     Payroll and Benefits and Office of Financial Counseling. To 
     underscore the seriousness of providing basic services to the 
     House, and to ensure the CAO's office continues on its path 
     of improvements, the bill withholds $20,000,000 of the Office 
     of the CAO's appropriation from obligation until the CAO 
     presents a ``House Services Action Plan'' to the House 
     Committee on Appropriations and the Committee on House 
     Administration. The plan shall certify that: (1) regular 
     meetings are scheduled with major staff organizations, and 
     (2) a user satisfaction survey is implemented for the Office 
     of Payroll and Benefits and the Office of Financial 
     Counseling with plans to conduct the survey annually.
       Food Prices.--The recent introduction of budget-friendly 
     meals in the House cafeterias, including the ``Heroes on the 
     Hill'' concept, has been encouraging. The CAO is directed to 
     continue to work with the food vendor to diversify food 
     choices and offer lower food prices.
       U.S. Capitol Historical Society.--The U.S. Capitol 
     Historical Society is chartered by the Congress to educate 
     the public on the history and heritage of the U.S. Capitol 
     building, its institutions and the people who have served 
     therein. Its expertise will be needed as the Capitol 
     undergoes much needed preservation work over the next decade, 
     including work on the iconic Dome. The House Historian and 
     CAO, along with the Architect of the Capitol, are encouraged 
     to work with the Society in its effort to preserve and 
     catalog the history of the Capitol.
       Web site security.--Recent cyber attacks on House websites, 
     the latest of which defaced the official Web sites of over 40 
     Members, highlighted vulnerabilities in the House's ability 
     to prevent cyber attacks. House leadership directed the CAO 
     to examine solutions for strengthening the security features 
     of Web sites, including those hosted by outside vendors. The 
     CAO shall submit the budget impact for any future cyber 
     security plans no later than 6 weeks after enactment of this 
     Act to the House Committee on Appropriations.
       Diversity.--The recent House compensation study illustrates 
     ongoing challenges in creating a diverse workforce in the 
     House. Among respondents to the survey, 7.5 percent of Chiefs 
     of Staff identified as black not of Hispanic origin and 2.7 
     percent of Chiefs of Staff identified as Hispanic. By 
     comparison to the nation at large, based on the 2008 census 
     estimate, 12.8 percent of the U.S. population is black and 
     15.4 percent is Hispanic. The work to diversify the staff has 
     started in the House with the Speaker's announcement of a new 
     diversity initiative to be led by the Committee on House 
     Administration. The House is commended on starting the 
     process to build a workforce as diverse as the Nation that 
     the Congress serves.
       Office of Congressional Ethics.--The bill provides 
     $2,020,000 for the Office of Congressional Ethics (OCE). The 
     bill does not provide $268,000 requested by OCE for lease 
     payments, but instead provides the funding in the Architect 
     of the Capitol's House Office Building account to make the 
     lease payments on OCE's behalf. Funding is also provided for 
     OCE to take over its web services payments from the House 
     CAO.
       Energy Demonstration Projects.--The bill does not provide 
     funding for Energy Demonstration projects due to the slow 
     pace of implementing the program, but the House Committee on 
     Appropriations supports the program's goal to make the House 
     a leader in promoting cutting-edge energy technologies and 
     practices which save energy.

                              JOINT ITEMS

                        Joint Economic Committee

       The bill provides $4,814,000 for the Joint Economic 
     Committee.

                      Joint Committee on Taxation

       The bill provides $11,327,000 for the Joint Committee on 
     Taxation.

                   Office of the Attending Physician

       The bill provides $3,407,000 for the Office of the 
     Attending Physician.

             Office of Congressional Accessibility Services

                         Salaries and Expenses

       The bill provides $1,377,000 for the operation of the 
     Office of Congressional Accessibility Services.

                        Administrative Provision

       The bill includes a new provision regarding the student 
     loan program for the Office of Congressional Accessibility 
     Services.

                             CAPITOL POLICE

       New Posts.--The Capitol Police (USCP) is directed to 
     provide a list of all new posts created in the past year, and 
     further directs USCP to notify the Committees on 
     Appropriations when new posts are created, including the 
     annualized cost of maintaining the new posts and how the 
     costs will be offset (such as elimination of lower priority 
     posts).
       Capitol Police Board.--The Government Accountability Office 
     is directed to review the governance practices that the Board 
     has adopted and determine whether improvements or changes are 
     needed in the Board's mission, structure, functions, and 
     processes.
       Senate Office Buildings Business Hours.--USCP testified at 
     a March 4th hearing that it conducted a study to identify 
     door closures during non-business hours that would lead to 
     significant savings in overtime. The Senate Committee on 
     Appropriations has yet to receive the results of this study. 
     The Chief of Police is directed to complete this study and 
     present the recommendations to the Senate Committee on 
     Appropriations within 60 days of enactment of this Act.

                                Salaries

       The bill provides $279,224,000 for the salaries and 
     benefits for USCP. Using the latest salary estimates from 
     USCP, this level of funding is expected to support a staffing 
     level of 1,800 sworn officers and 393 civilian positions. 
     USCP shall prioritize hiring for the positions of Chief 
     Administrative Officer and Chief Financial Officer. In 
     addition, within the total provided for salaries, $29,195,000 
     is available for overtime.
       Fiscal Mismanagement.--USCP underestimated its salaries 
     appropriation requirements in fiscal year 2010 and 
     subsequently requested to transfer approximately $5 million 
     from General Expenses to Salaries to cover the shortfall and 
     ensure no officers were furloughed. The Committees on 
     Appropriations approved the request which effectively 
     increased the police's salaries base by 2 percent in fiscal 
     year 2010. USCP's recent salary miscalculation is the latest 
     indication of an agency with poor financial controls. The 
     Chief of Police is directed to work with USCP's Inspector 
     General (IG) and the GAO to close longstanding open 
     recommendations on correcting these weaknesses in internal 
     controls. Previous IG and GAO reports have issued 
     recommendations to correct deficiencies, including in the 
     financial management systems that could have prevented this 
     recent problem. Most of these recommendations were never 
     implemented. The GAO and IG are working to analyze and group 
     previous open recommendations. Once that analysis is 
     complete, USCP is directed to develop and submit to the 
     Committees on Appropriations for approval, by January 28, 
     2011, a Corrective Action Plan (CAP) that details how the 
     agency will implement the results of the GAO and IG analysis 
     and identify any other actions the agency plans to take to 
     substantively improve its business practices. The GAO and IG 
     shall review the CAP after it is submitted to the Committees 
     and provide the Committees with an evaluation of the 
     sufficiency of the plan to put USCP on a path to correcting 
     long-standing deficiencies.
       The IG is directed to audit the fiscal year 2012 Capitol 
     Police budget submission. The audit shall determine the 
     reasonableness of the budget for salaries and benefits and be 
     submitted to the Committees on Appropriations within 45 days 
     after the USCP budget is transmitted to Congress.

                            General Expenses

       The bill provides $57,985,000 for all general expenses of 
     USCP. No funding is included for new project requests for 
     fiscal year 2011.

                       Administrative Provisions

       The bill includes a longstanding administrative provision 
     and a new administrative provision related to the truck 
     interdiction program.

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

       The bill provides $4,377,000 for the Office of Compliance 
     (OOC).
       Payments from the Settlement Fund.--OOC is directed to 
     submit semi-annual reports on disbursements for awards and 
     settlements under subsection (a) of section 415 of the 
     Congressional Accountability Act of 1995. These reports 
     should include, by agency and for the preceding three year 
     period, the annual average number of settlements and the 
     annual average dollar amount disbursed.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       The bill provides $46,905,000 for the Congressional Budget 
     Office (CBO). The amount provided supports full-time 
     equivalents hired with 2009 supplemental funds.
       Diversity Initiatives.--CBO is uniquely positioned to 
     introduce women and minorities to the field of economics as 
     well as to the legislative branch of government. CBO is 
     encouraged to utilize its unique position to not only recruit 
     a diverse workforce, but to also build a workforce by working 
     with younger students to expose them to the field of 
     economics.

                        ARCHITECT OF THE CAPITOL

       The bill includes $581,665,000 for the Architect of the 
     Capitol. In addition to the amounts provided in this bill, 
     the Committees on Appropriations have approved AOC's requests 
     to transfer and reprogram $23,614,625 in prior year balances. 
     AOC has applied these balances to 15 construction projects 
     which it originally requested in its 2011 budget submission.
       Capital Construction in Support of Client Agency 
     Missions.--For fiscal year 2012 and beyond, client agencies 
     of the AOC are directed to include detailed justifications of 
     each capital improvement or capital construction project 
     being requested on their behalf by AOC and include proposed 
     cuts within their own agency budget to offset the costs of 
     such projects.
       Recycling.--Efforts by AOC and the Capitol Police to 
     implement outdoor recycling programs, while maintaining 
     security of the complex, are encouraging. Expanding these 
     efforts will further reduce solid waste. AOC and the Capitol 
     Police are directed to collaborate on installing additional 
     recycling receptacles next to existing garbage receptacles in 
     high-traffic areas across the Capitol complex.
       Recharging Stations.--AOC is directed to study the 
     feasibility and costs of providing access to recharging 
     stations for electric powered vehicles. The study shall 
     include an examination of a fee for service model and the 
     potential role for private vendors in financing and 
     administering such a program. The report shall be provided to 
     the Committees on Appropriations no later than 3 months after 
     enactment of this Act.

                         General Administration

       The bill provides $109,294,000 for personnel services, 
     equipment, communications, additional office lease payments, 
     and other central support activities of AOC. This amount 
     supports an operating budget of $101,795,000. The following 
     table displays the project budget detail.


        Item                                            Amount Provided
Energy Savings Performance Contracts Management Program......$3,500,000
Energy Reduction Program......................................3,500,000
Conservation of Fine Architectural Art..........................499,000
                                                       ________________
                                                       
    Total....................................................$7,499,000
       Energy Savings Performance Contracts (ESPCs).-- AOC is 
     implementing a variety of procedures and facilities 
     improvements to meet ambitious energy conservation goals, 
     including those mandated by the Energy Independence and 
     Security Act of 2007. ESPCs, a Federal government-wide 
     contract mechanism used to finance energy reduction projects, 
     are a key component of AOC's strategy. In past years, AOC has 
     been directed to use ESPCs to achieve energy efficiency. 
     Since that time, an Inspector General review has found that 
     private financing expenses have increased the cost of one 
     ESPC by 60 percent above the cost of identical work if 
     financed by direct appropriations. Prior to entering into any 
     future ESPCs, AOC is directed to submit a cost comparison to 
     the Committees on Appropriations of alternative financing 
     options, including direct appropriation of all or part of the 
     project cost.

                            Capitol Building

       The bill provides $52,916,000 for the operation, 
     maintenance, and care of the Capitol building. This amount 
     supports an operating budget of $27,390,000. The following 
     table displays the project budget detail.


        Item                                            Amount Provided
Dome Rehabilitation--Phase 1C of II (Skirt Rehabilitation)..$19,999,000
Compartment Barriers & Horizontal Exits, Phase I of II........2,027,000
Minor Construction............................................3,500,000
                                                       ________________
                                                       
    Total...................................................$25,526,000

                            Capitol Grounds

       The bill provides $9,988,000 for the care and improvement 
     of the grounds surrounding the Capitol, the Senate and House 
     office buildings, and the Capitol Power Plant.

                        Senate Office Buildings

       The bill provides $81,112,000 for the maintenance of the 
     Senate office buildings. This amount supports an operating 
     budget of $61,638,000. The following table displays the 
     project budget detail.


        Item                                            Amount Provided
Replace Modular Furniture, HSOB..............................$3,500,000
Infrastructure Improvements, Phase 2 of 3, DSOB (Center Wing).9,974,000
Minor Construction............................................6,000,000
                                                       ________________
                                                       
    Total...................................................$19,474,000

                         House Office Buildings

       The bill provides $115,619,000 for the operation, 
     maintenance, and care of the House office buildings, 
     including $40,000,000 for the House Historic Buildings 
     Revitalization Trust Fund.
       The bill supports an operating budget of $50,296,000. The 
     operations level includes $268,000 for the lease of space 
     occupied by the Office of Congressional Ethics. The following 
     table displays the project budget detail.


        Item                                            Amount Provided
CAO Project Support..........................................$4,390,000
Garage Concrete Replacement Design, RHOB......................1,059,000
Building Automation System Upgrade, HOB.......................1,096,000
480 V Switchgear & Transformer Replacement, Phase II of IV, RH4,340,000
Fall Protection, FHOB & LHOB..................................5,209,000
Energy Audit Implementation, HOB................................989,000
Minor Construction............................................8,240,000
                                                       ________________
                                                       
    Total...................................................$25,323,000

       Cannon Building Renewal.--The Government Accountability 
     Office (GAO) has testified that AOC is taking a reasonable 
     approach to project planning for the renewal of the historic 
     Cannon House Office Building. AOC is urged to incorporate a 
     full review of long-term facilities needs of the House into 
     these early planning phases to avoid costly design changes 
     after construction has begun. In addition, GAO shall continue 
     to monitor the progress and schedule of the project and to 
     inform AOC and the House Committee on Appropriations as 
     issues arise. The Cannon project presents an opportunity to 
     modernize emergency evacuation systems. AOC is directed to 
     consult with the House Sergeant at Arms to incorporate any 
     improvements to emergency evacuation systems during the 
     planning and design phases of Cannon and other House office 
     building capital renewal projects.

                          Capitol Power Plant

       The bill provides $109,069,000 for the Capitol Power Plant 
     supplemented by offsetting collections of $8,000,000. This 
     amount supports an appropriated operating budget of 
     $93,969,000. The following table displays the project budget 
     detail.


        Item                                            Amount Provided
Tunnel Program...............................................$6,950,000
Utility Metering..............................................1,200,000
Fall Protection...............................................2,950,000
Minor Construction............................................4,000,000
                                                       ________________
                                                       
    Total...................................................$15,100,000
       Power Plant Fuel Mix.--The Power Plant's conversion to 
     using natural gas as a primary fuel source has led to 
     reductions in emissions of criteria pollutants. AOC is 
     directed to continue to use natural gas to the maximum extent 
     feasible without disruptions in operations.

                     Library Buildings and Grounds

       The bill recommends $40,796,000 for the care and 
     maintenance of the Library buildings and grounds. This amount 
     supports an operating budget of $26,939,000. The following 
     table displays the project budget detail.


        Item                                            Amount Provided
North Exit Stair B, TJB......................................$5,350,000
Emergency Lighting System Upgrade, JMMB & SSFC................4,794,000
ABA Space Reorganization, Phase II of III, JMMB...............1,713,000
Minor Construction............................................2,000,000
                                                       ________________
                                                       
    Total...................................................$13,857,000

             Capitol Police Buildings, Grounds and Security

       The bill provides $26,266,000 for Capitol Police buildings, 
     grounds, and security. This amount supports an operating 
     budget of $19,830,000, including funds for grounds 
     maintenance of the 12 acres of land conveyed from the 
     District of Columbia under Public Law 109-396. As Public Law 
     109-396 did not mandate a specific use for the property, AOC 
     shall consult with the Committees on Appropriations and the 
     relevant authorizing Committees before deciding on the use of 
     the land. The following table displays the project budget 
     detail.


        Item                                            Amount Provided
Fall Protection, CPBG&S......................................$1,024,000
Energy Audit Implementation...................................2,912,000
Minor Construction............................................2,500,000
                                                       ________________
                                                       
    Total....................................................$6,436,000

                             Botanic Garden

       The bill provides $13,834,000 for salaries and expenses of 
     the Botanic Garden (BG). This amount supports an operating 
     budget of $12,329,000. The following table displays the 
     project budget detail.


        Item                                            Amount Provided
Bartholdi Park Restoration Phase IV..........................$1,209,000
Fall Protection.................................................296,000
                                                       ________________
                                                       
    Total....................................................$1,505,000

       Education and Outreach.--The BG's education and outreach 
     programs have leveraged the organization's unparalleled 
     expertise to provide unique educational opportunities for at-
     risk and other youth. The BG is urged to continue forming 
     partnerships with national and local organizations to advance 
     these educational goals. In addition, the BG is directed to 
     explore the feasibility of establishing a community garden 
     within the Capitol complex and to report to the Committees on 
     Appropriations within 3 months after enactment of this Act on 
     its findings.

                         Capitol Visitor Center

       The bill provides $22,771,000 for the operation of the 
     Capitol Visitor Center (CVC). This operating budget includes 
     no funding for hiring an interpretive curator or a special 
     assistant to the Chief Executive Officer of visitor services.
       Signage in the CVC.--AOC is urged to work expeditiously 
     toward the installation of permanent wayfinding signage and 
     to explore the use of additional maps in all areas of the 
     CVC.
       Accessibility Shuttles.--Maintaining access for mobility-
     impaired visitors is an essential responsibility of the 
     visitor services staff. Therefore, the bill funds the 
     operation of the six shuttles to transport such visitors 
     between the unloading location for buses and accessible CVC 
     entrances. AOC is directed to evaluate the performance of the 
     shuttles during periods of peak use and to submit a report to 
     the Committees on Appropriations within 3 months after 
     enactment of this Act. The report should include data on 
     traffic volume, a summary of any visitor or stakeholder 
     feedback, and an evaluation of the adequacy of current 
     shuttle capacity.
       Assisted Listening Devices.--AOC should continue to work 
     aggressively to resolve performance issues with assisted 
     listening devices (ALDs) issued to CVC visitors, which have 
     experienced high rates of failure. AOC shall submit, with the 
     2012 budget submission, a report on the operational status of 
     the current inventory of ALDs. The report shall provide 
     details on the current performance of the ALDs and the 
     actions AOC has taken, or is pursuing, to address any 
     problems thereof. Furthermore, AOC should inform the 
     Committees on Appropriations of any new technologies it is 
     exploring and shall re-evaluate the practice of routinely 
     issuing ALDs to visitors who are not hearing impaired, which 
     contributes to their heavy use.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       The bill provides $436,995,000, plus authority to spend 
     $6,350,000 in receipts, for salaries and expenses of the 
     Library of Congress (LOC). This amount provides for 2,942 
     FTEs, which may be shifted among programs, projects, and 
     activities within this appropriation. Within the total 
     provided, no less than last year's levels are provided for 
     various programs, including $250,000 for the Civil Rights 
     Oral History Project, $2,571,000 for the Veterans Oral 
     History program, $6,677,000 for the National Digital 
     Information, Infrastructure and Preservation Program 
     (NDIIPP), $2,256,000 for the Global Legal Information Network 
     (GLIN), $7,315,000 for the digital collections and 
     educational curricula program and $150,000 to continue the 
     Archie Green fellowship program in the American Folklife 
     Center. LOC is directed to continue its ongoing work to 
     obtain copyright permission to bring the Franklin Collection 
     online in a digital format. The amount includes $10,000,000 
     to continue LOC's information technology upgrades. In 
     addition, as noted on page 38 of Senate Report 111-294, LOC 
     is directed to report to the Committee by June 1, 2011 on 
     progress made on the planning and development of the 
     ``America Works'' digital oral history project.
       Acquisitions Policies and Space Needs.--LOC and the 
     Architect of the Capitol are directed to collaborate on a 
     study to find lower cost alternatives to meeting LOC's long 
     term collection storage needs and to transmit a report to the 
     Committees on Appropriations within 6 months of enactment of 
     this Act. The study shall consider, in addition to 
     facilities-based solutions, the Library's acquisition 
     policies which are the driver for its space needs.

                            COPYRIGHT OFFICE

                         Salaries and Expenses

       The bill contains $21,604,000, plus authority to spend 
     $34,390,000 in receipts, for the Copyright Office.
       Copyright Backlog.--A recent LOC Inspector General (IG) 
     report highlighted positive developments pertaining to the 
     claims backlog since September 2009. According to the IG, the 
     number of claims in the backlog has consistently declined, 
     the productivity of registration specialists has 
     significantly increased, and the percentage of claims 
     submitted electronically has increased. The LOC must pursue 
     the goal to eliminate the copyright backlog.

                     CONGRESSIONAL RESEARCH SERVICE

                         Salaries and Expenses

       The bill provides $114,341,000 for salaries and expenses of 
     the Congressional Research Service (CRS).
       Telework.--The Legislative Branch Appropriations Act, 2010 
     conference report directed CRS to adopt and implement a 
     telework system to provide employees a flexible work 
     environment to help them manage the complex balance between 
     work and family obligations. CRS finally adopted a policy in 
     March 2010. To ensure that the policy meets the needs of 
     employees, CRS is directed to conduct a survey of employees 
     to evaluate how the implementation of the program is 
     progressing. CRS is directed to provide the results of the 
     evaluation to the Committees on Appropriations no later than 
     3 months after enactment of this Act.

             BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

                         Salaries and Expenses

       The bill provides $70,500,000 for salaries and expenses of 
     the Books for the Blind and Physically Handicapped program.

                       Administrative Provisions

       The bill includes longstanding administrative provisions 
     for LOC. In addition the bill includes new administrative 
     provisions related to workers compensation, gifts and 
     revolving funds, and surplus and obsolete property.

                       GOVERNMENT PRINTING OFFICE

               OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

                         Salaries and Expenses

       The bill provides $42,682,000 for the salaries and expenses 
     of the Superintendent of Documents.
       Coordination with Library of Congress (LOC) on Electronic 
     Databases.--Both the Government Printing Office (GPO) and the 
     LOC are pursuing large scale projects to digitize Federal 
     government documents and publications. GPO and LOC are 
     encouraged to collaborate closely and pursue any beneficial 
     formal agreements to avoid duplication of effort.

               GOVERNMENT PRINTING OFFICE REVOLVING FUND

       The bill provides $8,127,000 for the Government Printing 
     Office Revolving Fund.
       Federal Digital System (FDsys).--In addition to 
     appropriated amounts for FDsys, GPO is directed to complete 
     Release 2 development requirements using up to $951,000 from 
     prior year balances transferred from the Office of the 
     Superintendent of Documents. GPO shall provide advance 
     notification to the Committees on Appropriations prior to 
     obligating these funds. It is expected that FDsys will have 
     complete core functionality upon the completion of Release 2 
     and will require no further appropriations for currently 
     planned development.
       Equal Employment Opportunity (EEO) Complaints.--GPO has 
     taken steps to address discrimination and harassment through 
     training and outreach, which have correlated with a decrease 
     in EEO complaints in the first three quarters of fiscal year 
     2010 compared to the same period of fiscal year 2009. GPO 
     shall continue these efforts and explore additional 
     management actions to prevent and address discrimination and 
     harassment at all levels, both supervisory and non-
     supervisory. GPO is directed to continue to submit quarterly 
     reports on actions taken to reduce the number of complaints. 
     These reports shall include a comparison of the number of 
     complaints outstanding at the time of the report compared to 
     the previous quarter and the same time period of the previous 
     two years, and should explain reasons for any increase or 
     reduction in complaints.
       E-Passport Supply Chain Security.--The March 31, 2010, 
     report by GPO Office of the Inspector General noted a number 
     of potential vulnerabilities in supplier review processes and 
     contracting practices, especially with respect to significant 
     subcontractors. GPO management concurred with the report's 
     recommendations and has implemented or planned corrective 
     actions, including the hiring of a Director of Product 
     Security and initiation of a Vendor Security Audit Program. 
     GPO is directed to report quarterly to the Committees on 
     Appropriations on the status of remedial actions for each 
     recommendation, and to promptly notify the Committees of any 
     other studies, management reforms, and changes in procedures 
     with respect to supply chain security.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       The bill provides $558,430,000 in direct appropriations for 
     the Government Accountability Office (GAO), plus $19,500,000 
     in offsetting collections derived from reimbursements for 
     conducting financial audits of government corporations and 
     rental of space in the GAO building.
       Technology Assessments.--Within the amount provided, 
     $2,500,000 is for GAO to continue its work on technology 
     assessment studies. GAO has received funding from Congress 
     for this program for 3 years to aid the Congress's 
     understanding of complex legislative proposals and save 
     taxpayer dollars by preventing spending on ineffective 
     programs. While GAO has produced high quality analysis, it is 
     unclear what impact, if any, the analysis has had on the 
     formulation of policy in Congress. Funding technology 
     assessments at GAO may not be an adequate replacement for the 
     former Office of Technology Assessment (OTA), which was 
     uniquely positioned to analyze technological developments in 
     the public and private sector and harness outside expertise 
     in the form of advisory panels and peer review. Therefore, 
     within the total provided, GAO is directed to contract with 
     the National Academy of Sciences (NAS) for a study on the 
     structural needs and governance of a Congressional technology 
     assessment group that will provide Congress with 
     comprehensive and timely studies on scientific and technical 
     matters which can be widely disseminated to support the 
     legislative process. NAS shall look at all options for how to 
     structure this group as long as it is bicameral and 
     bipartisan in nature. NAS shall work with the Committees on 
     Appropriations, the Committee on Science and Technology of 
     the House and the Committee on Commerce, Science and 
     Transportation of the Senate in conducting its review and 
     provide a final report to these Committees after completion. 
     The review should be complete by August 2011.

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

       The bill provides $12,000,000 for payment to the Open World 
     Leadership Center Trust Fund. Open World must find support 
     for its activities beyond annual appropriations given its 
     unique mission in comparison with other Legislative Branch 
     agencies that serve core legislative branch activities. 
     Therefore, the agency is directed to hire a full-time 
     development officer in order to fulfill its requirement to 
     increase its fundraising goals.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

       The bill provides $430,000 for the John C. Stennis Center.

                                TITLE II

                           GENERAL PROVISIONS

       The bill includes longstanding provisions for the 
     legislative branch and a new general provision rescinding 
     $20,000,000 from the Architect of the Capitol.

                        Reprogramming Guidelines

       For fiscal year 2011 a reprogramming shall include the 
     reallocation of funds from one program, project, or activity 
     (PPA) to another within any appropriation funded in this Act. 
     A reprogramming shall also consist of any significant 
     departure from the program described in the agency's budget 
     justification and any change to the organization table 
     presented in the budget justification, whether or not it 
     would require a change in funding.
       Reprogrammings are required if an agency proposes to 
     reallocate amounts in excess of $500,000 or 10 percent, 
     whichever is less, between PPAs. In addition, reprogrammings 
     are required for actions below these thresholds, if the 
     action would have the effect of: committing the agency to 
     significant funding requirements in future years; increasing 
     funds or personnel for any PPA for which funds have been 
     previously denied or restricted by Congress; creating new 
     programs, offices, agencies or commissions or substantially 
     augmenting existing programs, offices, agencies or 
     commissions; significantly changing policy; or reorganizing 
     offices, programs, or activities. Each reprogramming should 
     be transmitted through a formal letter which should be signed 
     by the agency head. It should include a specific 
     justification for each increase as well as for each 
     offsetting reduction being proposed. The Committees on 
     Appropriations are to be notified 15 days prior to any 
     reprogramming. The House and Senate shall submit their 
     reprogrammings to their respective Committee on 
     Appropriations.
       Multiple funding reprogramming requests suggest an agency's 
     inability to manage within appropriated funds and indicate 
     the need for change in the execution of the agency's budget. 
     Specific spending levels are detailed in the bill and this 
     accompanying explanatory report and agencies shall not use 
     the reprogramming process as a mechanism for making routine 
     changes to these directions. A reprogramming should be made 
     only when an unforeseen situation arises that could not have 
     been anticipated when formulating the budget request for the 
     current fiscal year. Reprogrammings should be used only in 
     the case of unanticipated needs or significant and unexpected 
     changes in program requirements.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Neither the bill nor the explanatory statement contains any 
     congressional earmarks or congressionally directed spending 
     items (as defined in clause 9 of rule XXI of the Rules of the 
     House of Representatives and rule XLIV of the Standing Rules 
     of the Senate, respectively). Neither the bill nor the 
     explanatory statement contains any limited tax benefits or 
     limited tariff benefits as defined in the applicable House 
     and Senate rules.
     
     
  DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2011

       Following is an explanation of the effects of Division J 
     which makes appropriations for Military Construction, the 
     Department of Veterans Affairs, and Related Agencies for 
     fiscal year 2011. As provided in Section 4 of the 
     consolidated bill, this explanatory statement shall have the 
     same effect with respect to the allocation of funds and the 
     implementation of this division as if it were a joint 
     explanatory statement of a committee of conference.
       Matters Addressed by Only One Committee.--The language and 
     allocations set forth in House Report 111-559 and Senate 
     Report 111-226 should be complied with unless specifically 
     addressed to the contrary in this explanatory statement. 
     Report language included by the House, which is not changed 
     by the report of the Senate or this explanatory statement, 
     and Senate report language, which is not changed by this 
     explanatory statement, is approved by the Committees on 
     Appropriations of both Houses of Congress. This explanatory 
     statement, while repeating some report language for emphasis, 
     does not intend to negate the language referred to above 
     unless expressly provided herein. In cases where the House or 
     the Senate has directed the submission of a report, such 
     report is to be submitted to both Houses of Congress.

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       The bill appropriates $3,891,395,000 for Military 
     Construction, Army. Within this amount, the bill provides 
     $190,000,000 for Army trainee barracks. The bill also 
     provides $103,000,000 to construct an urgently needed new 
     water treatment and distribution system at Fort Irwin, 
     California. The cost of this project is offset by funds 
     available from bid savings on previously appropriated 
     projects.
       The bill does not include $19,000,000 requested for a 
     commissary to serve the United States Southern Command 
     headquarters. An administrative provision is included in this 
     title ensuring that non-appropriated funds may be used for 
     construction of this project.
       The bill includes a general reduction of $263,000,000 to 
     account for the carryover of unobligated balances resulting 
     from bid savings on projects appropriated in prior years.
       The bill includes language prohibiting the obligation or 
     expenditure of funds on projects supporting new initiatives 
     in Germany until the Department of Defense completes an 
     evaluation of the North Atlantic Treaty Organization 
     Strategic Concept Review and an accompanying review of the 
     United States defense posture in Europe, a ``Front End 
     Assessment'' of the Department's global posture for fiscal 
     years 2012 to 2016, and the Secretary of Defense certifies to 
     the requirement for each Army military construction project 
     in Germany funded in this Act. In addition, the Department of 
     Defense is directed to provide to the congressional defense 
     committees, no later than March 15, 2011, a comprehensive 
     Army basing strategy for Europe based on the assessments 
     identified above, including a project-based cost estimate and 
     timeline to fully implement the strategy.
       Of the funds provided for planning and design in this 
     account, not less than the specified amounts are to be made 
     available for the design of the following projects:
       Alaska--Fort Richardson, Physical Fitness Center, 
     $2,700,000.
       Georgia--Fort Benning, Chapel, Sand Hill, $550,000.
       Hawaii--Pohakuloa Training Area, Defense Access Road, 
     $1,200,000.
       Texas--Fort Bliss, Alternative Energy Projects, $1,166,000.
       Texas--Fort Bliss, Rail Yard Improvements, $2,070,000.
       Virginia--Fort Belvoir, Growth Support Infrastructure, 
     $3,060,000.
       Of the funds provided for minor construction in this 
     account, not less than the specified amounts are to be made 
     available for construction of the following projects:
       Alabama--Fort Rucker, Emergency Medical Services Facility, 
     $1,700,000.
       Maryland--Fort Meade, Infrastructure--Mapes Road and Cooper 
     Avenue, $1,750,000.

              Military Construction, Navy and Marine Corps

       The bill appropriates $3,506,557,000 for Military 
     Construction, Navy and Marine Corps. The bill includes a 
     general reduction of $34,000,000 to account for the carryover 
     of unobligated balances resulting from bid savings on 
     projects appropriated in prior years.
       Of the funds provided for planning and design in this 
     account, the Committee directs that not less than the 
     specified amounts be made available for the design of the 
     following projects:
       Connecticut--New London NSB, Submarine Group Two 
     Headquarters, $550,000.
       Indiana--Crane NSWC, Platform Protection Engineering 
     Complex, $760,000.
       Of the funds provided for minor construction in this 
     account, not less than the specified amount is to be made 
     available for construction of the following project:
       Nevada--NAS Fallon, Security Upgrades, $1,480,000.
       Camp Lemonnier, Djibouti.--The Committees are concerned 
     that the limited amount of land available to the U.S. 
     military at Camp Lemonnier could negatively impact the 
     ability to accommodate the full mission and the projected 
     military population at the installation. The Committees are 
     further concerned that the Navy's current military 
     construction program for Camp Lemonnier amounts to an ad hoc 
     approach that does not adequately reflect priority 
     requirements for the optimal siting of facilities. The 
     Secretary of the Navy is therefore directed to provide to the 
     congressional defense committees, with the fiscal year 2012 
     budget submission, a comprehensive master plan for Camp 
     Lemonnier that provides a validated land requirement for the 
     installation sufficient to accommodate the facilities and 
     anticipated steady-state personnel requirements to accomplish 
     the missions of Africa Command (AFRICOM) and Joint Task 
     Force-Horn of Africa. The master plan shall incorporate an 
     integrated vulnerability assessment to ensure that necessary 
     anti-terrorism and force protection measures are being 
     implemented. The plan shall also include a list of projected 
     military construction projects, by fiscal year, for fiscal 
     years 2012-2016, with a focus on meeting the urgent 
     requirements of the installation, including utilities and 
     troop housing, in the near term. Further, AFRICOM and Navy 
     are urged to work closely with the Department of Defense, the 
     Department of State, and the Government of Djibouti to expand 
     the footprint of the installation to meet the requirements 
     noted above and to develop a long term access agreement.

                    Military Construction, Air Force

       The bill appropriates $1,296,967,000 for Military 
     Construction, Air Force. The bill includes a general 
     reduction of $14,000,000 to account for the carryover of 
     unobligated balances resulting from bid savings on projects 
     appropriated in prior years.
       Of the funds provided for planning and design in this 
     account, not less than the specified amounts are to be made 
     available for the design of the following projects:
       Alabama--Maxwell AFB, Air Traffic Control Tower, $810,000.
       California--Travis AFB, BCE Maintenance Shops and Supply 
     Warehouse, $387,000.
       Florida--MacDill AFB, Infrastructure Improvements, 
     $249,000.
       Idaho--Mountain Home AFB, Civil Engineer Complex, 
     $2,000,000.
       Illinois--Scott AFB, New Fitness Facility, Phase 1, 
     $396,000.
       North Dakota--Grand Forks AFB, Central Deployment Center, 
     $495,000.
       Oklahoma--Altus AFB, Fire Station, $2,000,000.
       Tennessee--Arnold AFB, Air Engineering Development Center 
     Power Distribution Modernization, $378,000.
       Texas--Lackland AFB, Consolidated Security Forces 
     Operations Center, Phase 1, $900,000.
       Of the funds provided for minor construction in this 
     account, not less than the specified amount is to be made 
     available for the following project:
       Virginia--Langley AFB, Clear Zone Land Acquisition, Phase 
     1, $3,000,000.

                  Military Construction, Defense-Wide


             (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

       The bill appropriates $3,145,614,000 for Military 
     Construction, Defense-Wide, and rescinds $148,500,000 from 
     prior year appropriations as follows: $8,000,000 from fiscal 
     year 2009 National Security Agency funds, $15,000,000 from 
     fiscal year 2009 Tricare Management Activity funds, 
     $37,500,000 from fiscal year 2010 National Security Agency 
     funds, $51,000,000 from fiscal year 2010 Tricare Management 
     Activity funds, $7,000,000 from fiscal year 2010 Defense 
     Logistics Agency funds, and $30,000,000 from fiscal year 2010 
     Special Operations Command funds. All such rescissions are 
     from unobligated balances associated with bid savings on 
     previously appropriated projects.
       Within the amount appropriated, the bill provides 
     $253,450,000 for the Energy Conservation Investment Program, 
     including $10,000,000 for planning and design. This amount is 
     $133,450,000 above the budget request, reflecting the 
     priority the Committees place on promoting energy security, 
     efficiency, and sustainability on military installations. The 
     Secretary of Defense is directed to provide an expenditure 
     plan to the Committees for the additional ECIP funds included 
     in this bill, in accordance with the guidance provided in 
     Senate Report 111-226 and House Report 111-559, not later 
     than 45 days after the enactment of this Act.
       Of the funds provided for planning and design in this 
     account, not less than the specified amounts are to be made 
     available for the design of the following projects:
       Mississippi--Gulfport, Health Clinic Replacement, 
     $2,700,000.
       Oklahoma--Tulsa IAP, Fuels Storage Complex, $1,036,000.

               Military Construction, Army National Guard

       The bill appropriates $1,125,628,000 for Military 
     Construction, Army National Guard. Within this amount, the 
     bill provides $60,000,000 for critical unfunded requirements.
       Of the funds provided for planning and design in this 
     account, not less than the specified amounts are be made 
     available for the design of the following projects:
       Arkansas--Camp Robinson, Regional Training Institute, Phase 
     2, $2,334,000.
       Iowa--Camp Dodge, Regional Training Institute, Phase 1, 
     $800,000.
       Kentucky--Frankfort, Joint Forces Headquarters, Phase 1, 
     $281,000.
       Maryland--Easton, Readiness Center Addition/Alteration, 
     $347,000.
       Michigan--Fort Custer (Augusta), Troop Service Support 
     Center, $446,000.
       Minnesota--Mankato, Field Maintenance Shop, $947,000.
       Nebraska--Omaha, Road Infrastructure, Joint Forces 
     Headquarters, $450,000.
       North Carolina--Camp Butner, Barracks (AT), Phase 1, 
     $1,484,000.
       North Carolina--Murphy, Fire Fighting Team Support 
     Facility, $223,000.
       Oregon--Salem, Armed Forces Reserve Center Addition/
     Alteration (JFHQ), $1,243,000.
       Pennsylvania--Hermitage, Readiness Center, $671,000.
       Pennsylvania--Tobyhanna, Armed Forces Reserve Center, 
     $1,513,000.
       Pennsylvania--Williamsport, Field Maintenance Shop, 
     $1,508,000.
       Rhode Island--Middletown, Armory Addition, $302,000.
       Rhode Island--Quonset Point, Readiness Center, $3,729,000.
       South Dakota--Sioux Falls, Firing Range and Support 
     Facilities, $151,000.
       Texas--Laredo, Receiving, Staging, and Onward Integration 
     Facility/Hangar, $475,000.
       Texas--McLennan County, Operational Reserve Headquarters, 
     $5,000,000.
       Texas--South Texas Training Center, Cantonment and Support 
     Infrastructure, $5,000,000.
       West Virginia--Bridgeport, Fixed Wing Army Aviation 
     Training Site (FWAATS) Expansion, $2,000,000.
       West Virginia--Buckhannon, Field Maintenance Shop, 
     $1,500,000.
       West Virginia--Morgantown, Parachute Rigging Facility, 
     $1,000,000.
       Guam--Barrigada, Joint Forces Headquarters Readiness Center 
     Addition/Alteration, $778,000.
       Of the funds provided for minor construction in this 
     account, not less than the specified amounts are to be made 
     available for construction of the following projects:
       California--Banning RC, Photovoltaic Solar Power System, 
     $1,466,000.
       California--Los Alamitos AFRC, Photovoltaic Solar Power 
     System, $1,466,000.
       California--Mather AASF, Photovoltaic Solar Power System, 
     $1,466,000.
       California--Sacramento, Field Maintenance Shop Paving, 
     $891,000.
       California--Ventura, Photovoltaic Solar Power System, 
     $1,466,000.
       Iowa--Iowa City, Simulation Center/MVSB/Helipad/Parking, 
     $1,999,000.
       Massachusetts--Chicopee Armory, Renovation and Alteration, 
     $1,554,000.
       Minnesota--Bloomington, Add/Alter Armory, $1,986,000.
       Nevada--Nellis Air Force Base, Range Modernization, 
     $2,000,000.
       Ohio--Ravenna Training Site, Unit Training Equipment Site 
     Addition/Alteration, $2,000,000.
       Washington--Fort Lewis, Modification of Army Aviation 
     Support Facility, $473,000.
       West Virginia--Bridgeport, Fixed Wing Army Aviation 
     Training Site (FWAATS) Apron Expansion, $2,000,000.
       West Virginia--Camp Dawson, JITEC Emergency Power Generator 
     and Supporting Facilities, $1,999,000.
       West Virginia--Camp Dawson, Mail/ID Center, $1,999,000.
       West Virginia--Camp Dawson, Utility Upgrade, $1,980,000.
       West Virginia--Eleanor ARNG Complex, Emergency Generator 
     and Supporting Facilities, $2,000,000.
       West Virginia--Glen Jean, Emergency Power Generator, 
     $1,500,000.

               Military Construction, Air National Guard

       The bill appropriates $441,549,000 for Military 
     Construction, Air National Guard. Within this amount, the 
     bill provides $50,000,000 for critical unfunded requirements.
       Of the funds provided for planning and design in this 
     account, not less than the specified amounts are to be made 
     available for the design of the following projects:
       Kentucky--Standiford Field, Contingency Response Group 
     Facility, $534,000.
       Louisiana--New Orleans NAS/JRB, ASA Replace Alert Complex, 
     $2,000,000.
       Pennsylvania--Fort Indiantown Gap, Multipurpose Air 
     National Guard Training Facility, $675,000.
       South Dakota--Joe Foss Field, Aircraft Maintenance Shops, 
     $3,600,000.
       Of the funds provided for minor construction in this 
     account, not less than the specified amounts are to be made 
     available for construction of the following projects:
       California--Moffett Field, Relocate Main Gate, $2,000,000.
       Iowa--Bud Day Field, Sioux City, Add/Alter Security Police 
     Facility, $1,950,000.
       Minnesota--Minneapolis-St. Paul IAP, Simulation Facility 
     Expansion, $1,900,000.
       Ohio--Blue Ash ANGS, Renovations for Building 2, 
     $2,000,000.

                  Military Construction, Army Reserve

       The bill appropriates $388,064,000 for Military 
     Construction, Army Reserve. Within this amount, the bill 
     provides $30,000,000 for critical unfunded requirements.

                  Military Construction, Navy Reserve

       The bill appropriates $91,557,000 for Military 
     Construction, Navy Reserve. Within this amount, the bill 
     provides $15,000,000 for the Navy Reserve and $15,000,000 for 
     the Marine Corps Reserve for critical unfunded requirements.

                Military Construction, Air Force Reserve

       The bill appropriates $48,182,000 for Military 
     Construction, Air Force Reserve. Within this amount, the bill 
     provides $30,000,000 for critical unfunded requirements.

                   North Atlantic Treaty Organization

                      Security Investment Program

       The bill appropriates $258,884,000 for the North Atlantic 
     Treaty Organization Security Investment Program.

                             Family Housing

       The bill appropriates funds for family housing accounts, 
     including the Homeowners Assistance Program, in amounts equal 
     to the President's request for all accounts. The specific 
     amounts for each account are contained in the tables 
     accompanying this statement.

          Chemical Demilitarization Construction, Defense-Wide

       The bill appropriates $124,971,000 for Chemical 
     Demilitarization Construction, Defense-Wide.

            Department of Defense Base Closure Account 1990

       The bill appropriates $450,474,000 for the Department of 
     Defense Base Closure Account 1990. Of the $90,000,000 
     provided above the President's request, $30,000,000 shall be 
     available to the Army and $60,000,000 to the Navy. The Army 
     and Navy are directed to submit expenditure plans for the 
     amounts provided above the President's request no later than 
     30 days following the enactment of this Act.

            Department of Defense Base Closure Account 2005


                    (INCLUDING RESCISSION OF FUNDS)

       The bill appropriates $2,354,285,000 for the Department of 
     Defense Base Closure Account 2005, and rescinds $200,000,000 
     from prior year unobligated balances due to bid savings on 
     military construction projects funded by the account.

                       Administrative Provisions

       The bill includes section 101 prohibiting the use of funds 
     for payments under a cost-plus-a-fixed-fee contract for 
     construction where cost estimates exceed $25,000. An 
     exception for Alaska is provided.
       The bill includes section 102 permitting the use of 
     construction funds for the hire of passenger motor vehicles.
       The bill includes section 103 permitting funds to be 
     expended on the construction of defense access roads under 
     certain circumstances.
       The bill includes section 104 prohibiting construction of 
     new bases in the United States without a specific 
     appropriation.
       The bill includes section 105 limiting the use of funds for 
     the purchase of land or land easements that exceed 100 
     percent of value except under certain conditions.
       The bill includes section 106 prohibiting the use of funds 
     to acquire land, prepare sites, or install utilities for 
     family housing except housing for which funds have been 
     appropriated.
       The bill includes section 107 limiting the use of minor 
     construction funds to relocate any activity from one 
     installation to another without prior notification.
       The bill includes section 108 prohibiting the procurement 
     of steel unless American producers, fabricators, and 
     manufacturers have been allowed to compete.
       The bill includes section 109 prohibiting the use of funds 
     to pay real property taxes in foreign nations.
       The bill includes section 110 prohibiting the use of funds 
     to initiate a new installation overseas without prior 
     notification.
       The bill includes section 111 establishing a preference for 
     United States architectural and engineering services where 
     the services are in Japan, NATO member countries, or 
     countries bordering the Arabian Sea.
       The bill includes section 112 establishing a preference for 
     United States contractors for military construction in the 
     United States territories and possessions in the Pacific and 
     on Kwajalein Atoll, or countries bordering the Arabian Sea, 
     except bids by Marshallese contractors for military 
     construction on Kwajalein Atoll.
       The bill includes section 113 requiring the Secretary of 
     Defense to give prior notice to Congress of military 
     exercises where construction costs exceed $100,000.
       The bill includes section 114 limiting obligations of funds 
     made available for one fiscal year to no more than 20 percent 
     during the last two months of the fiscal year.
       The bill includes section 115 allowing funds appropriated 
     in prior years to be used for new projects authorized during 
     the current session of Congress.
       The bill includes section 116 allowing the use of expired 
     or lapsed funds to pay the cost of supervision for any 
     project being completed with lapsed funds.
       The bill includes section 117 providing that funds for 
     military construction projects are available until the end of 
     the fourth fiscal year following the fiscal year in which 
     funds are appropriated, subject to certain conditions.


                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes section 118 allowing for the transfer of 
     proceeds from ``Base Realignment and Closure Account, Part 
     I'' to the continuing Base Realignment and Closure accounts.


                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes section 119 allowing for the transfer of 
     funds from Family Housing Construction accounts to the 
     Department of Defense Family Housing Improvement Fund and 
     funds from Military Construction accounts to the Department 
     of Defense Military Unaccompanied Housing Improvement Fund.
       The bill includes section 120 requiring the secretaries of 
     the military departments to notify Congressional Committees 
     sixty days prior to issuing a solicitation for a contract 
     with the private sector for military family housing.


                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes section 121 providing transfer authority 
     to the Homeowners Assistance Program.
       The bill includes section 122 requiring that funds in this 
     title be the sole source of all operation and maintenance for 
     flag and general officer quarter houses, and limits the 
     repair on these quarters to $35,000 per year without 
     notification.
       The bill includes section 123 making funds in the Ford 
     Island Improvement Fund available until expended.
       The bill includes section 124 prohibiting the use of funds 
     for military construction, family housing, or land 
     acquisition projects at installations closed or realigned 
     under BRAC, except under certain conditions.


                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes section 125 allowing the transfer of 
     expired funds to the ``Foreign Currency Fluctuations, 
     Construction, Defense'' account.
       The bill includes section 126 prohibiting the use of funds 
     for any action related to the expansion of the Pinon Canyon 
     Maneuver Site, Colorado.
       The bill includes section 127 providing that funds from the 
     Commissary Surcharge Fund may be used to construct a 
     commissary at U.S. Southern Command Headquarters, Miami-Dade 
     County, Florida, in lieu of appropriated funds.
       The bill includes section 128 allowing for the 
     reprogramming of construction funds among projects and 
     activities subject to certain guidelines.
       The bill includes section 129 limiting the use of funds for 
     certain accounts to the projects and activities identified in 
     this statement and accompanying tables.
       The bill includes section 130 authorizing the use of 
     previously appropriated funds for the construction of an 
     Aegis Ashore Test Facility at the Pacific Missile Range 
     Facility, Hawaii.
       The bill includes section 131 limiting the number of 
     parking spaces that may be occupied at the BRAC office 
     complex in Alexandria, Virginia, until certain conditions are 
     met.
       The bill includes section 132 authorizing the obligation 
     and expenditure of funds provided in this title for military 
     construction projects and activities not otherwise authorized 
     by law.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

                     (including transfer of funds)

       The bill appropriates $53,978,000,000 for Compensation and 
     Pensions. Of the amount provided, not more than $30,423,000 
     is to be transferred to General Operating Expenses, Veterans 
     Benefits Administration (VBA); Medical Support and 
     Compliance; and Information Technology Systems for 
     reimbursement of necessary expenses in implementing 
     provisions of title 38.


                         readjustment benefits

       The bill appropriates $10,396,106,000 for Readjustment 
     Benefits.


                   veterans insurance and indemnities

       The bill appropriates $77,589,000 for Veterans Insurance 
     and Indemnities.


                 veterans housing benefit program fund

       The bill appropriates such sums as may be necessary for 
     costs associated with direct and guaranteed loans for the 
     Veterans Housing Benefit Program Fund. The bill limits 
     obligations for direct loans to not more than $500,000 and 
     provides that $163,646,000 shall be available for 
     administrative expenses.


            vocational rehabilitation loans program account

       The bill appropriates $48,000 for the cost of direct loans 
     from the Vocational Rehabilitation Loans Program Account, 
     plus $337,000, which may be paid to General Operating 
     Expenses, VBA. The bill provides for a direct loan limitation 
     of $3,042,000.


          native american veteran housing loan program account

       The bill appropriates $707,000 for administrative expenses 
     of the Native American Veteran Housing Loan Program Account.

                     Veterans Health Administration

       Advance Appropriations.--The bill includes an advance 
     appropriation for the Medical Services, Medical Support and 
     Compliance, and Medical Facilities accounts. The Department 
     is directed to include in future budget submissions the 
     budget plan for the advance appropriation provided in the 
     previous year, including the amount of funding that will be 
     allocated in accordance with the Veterans Equitable Resource 
     Allocation (VERA) model. The Department is expected to make 
     the advance appropriation available to the Veterans 
     Integrated Service Networks on October 1, 2011. The 
     Department is expected to identify the current services level 
     for the advance appropriation request for the Medical 
     Services, Medical Support and Compliance, and Medical 
     Facilities accounts in future budget submissions.
       Electronic Health Record Systems Modernization.--The 
     Department of Veterans Affairs, in coordination with the 
     Department of Defense, is directed to follow the electronic 
     health record system modernization requirement in Senate 
     Report 111-295.

                            MEDICAL SERVICES


                     (INCLUDING TRANSFER OF FUNDS)

       The bill appropriates $39,649,985,000 for Medical Services 
     for fiscal year 2012, to become available on October 1, 2011, 
     and remain available until September 30, 2012. In 
     administrative provision section 232, the bill also 
     appropriates $74,776,000 for Medical Services for fiscal year 
     2011.
       Caregiver support.--The bill includes $64,776,000 in fiscal 
     year 2011 funding, in addition to $35,424,000 included in the 
     base estimate, for activities authorized in the Caregivers 
     and Veterans Omnibus Health Services Act of 2010. Within this 
     total, $46,500,000 is provided for caregiver support; 
     $17,700,000 is provided for provisions relating to women 
     veteran healthcare; $15,000,000 is provided for a program on 
     readjustment and mental health services for veterans who have 
     served in Operation Enduring Freedom or Operation Iraqi 
     Freedom; $3,000,000 for grants to Veteran Service 
     Organizations to transport veterans in highly rural areas to 
     VA medical centers; and $18,000,000 for specialized 
     residential care and rehabilitation for certain veterans with 
     a traumatic brain injury. Funding provided for readjustment 
     and mental health services should be focused particularly on 
     suicide prevention outreach and counseling for veterans in 
     the National Guard and the Reserves. With the traumatic brain 
     injury residential care and rehabilitation funding, the 
     Department should consider developing programs such as those 
     at the Tampa, Florida, Polytrauma Center. The Department is 
     directed to include the budget resources necessary for 
     caregiver support programs in fiscal year 2012 in that fiscal 
     year budget request.
       Vet centers.--As directed in the Senate report, the bill 
     includes an increase of $10,000,000 to establish new vet 
     centers across the country. Within these funds, the 
     Department is directed to work with American Indian, Alaska 
     Native, and Native Hawaiian organizations to open additional 
     vet centers in Native communities.
       Guide and service dogs.--The Department is directed to 
     fully and rapidly implement section 1714 of title 38, United 
     States Code, regarding the provision of guide dogs and 
     service dogs to qualified veterans, as well as to continue 
     assisting those veterans with mental illnesses who would 
     benefit from having a service dog. The Department is directed 
     to report to the Committees on Appropriations of both Houses 
     of Congress (``Committees'') by February 25, 2011 on the 
     status of implementing section 1714 of title 38.
       PTSD national center.--The Department is directed to submit 
     a report to the Committees detailing the resources provided 
     to the National Center for Post Traumatic Stress Disorder.

                     MEDICAL SUPPORT AND COMPLIANCE

       The bill appropriates $5,535,000,000 for Medical Support 
     and Compliance for fiscal year 2012, to become available on 
     October 1, 2011, and remain available until September 30, 
     2012.


                           MEDICAL FACILITIES

       The bill appropriates $5,426,000,000 for Medical Facilities 
     for fiscal year 2012, to become available on October 1, 2011, 
     and remain available until September 30, 2012. The bill 
     specifies that $130,000,000 for non-recurring maintenance 
     shall be allocated in a manner not subject to the VERA model.
       In administrative provision section 233, the bill also 
     appropriates $35,000,000 for Medical Facilities for fiscal 
     year 2011. Within this amount, the bill includes an 
     additional $20,000,000 for the Department to open new 
     community-based outpatient clinics (CBOCs), including 
     $10,000,000 for CBOCs in rural areas. The Department is 
     directed to provide to the Committees a detailed expenditure 
     plan for this funding no later than March 1, 2011. The plan 
     should also include a list of all current CBOCs, regardless 
     of size or contractual arrangements. The remaining 
     $15,000,000 of additional fiscal year 2011 funding is to be 
     used for planning and developing leased health care center 
     facilities.


                    MEDICAL AND PROSTHETIC RESEARCH

       The bill appropriates $590,000,000 for Medical and 
     Prosthetic Research, to remain available until September 30, 
     2012.
       Vietnam veterans studies.--The Department is directed to 
     proceed as quickly as possible with the long-delayed Vietnam 
     veterans longitudinal study, as directed in the House and 
     Senate reports. In addition, the Secretary is urged to 
     conduct epidemiological studies from existing VA medical 
     data, as directed in the House report, and submit those 
     studies to peer reviewed scientific publications.
       Research facility infrastructure report.--The Department is 
     directed to submit the research infrastructure review 
     originally requested by the Committees in 2005 by January 1, 
     2011.
       Burn pits.--There is an increase in respiratory conditions 
     such as atypical pneumonias, asthma and bronchiolitis among 
     military personnel who were exposed to burn pits, increased 
     particulate matter and other potential hazards while serving 
     in Iraq, Kuwait, and Afghanistan. The Department is 
     encouraged to develop a national registry of all exposed 
     personnel, to establish a joint research program with the 
     Department of Defense to fund research to better describe and 
     understand these lung conditions, and to develop effective 
     prevention, detection and treatment strategies for them.

                    National Cemetery Administration

       The bill appropriates $259,004,000 for the National 
     Cemetery Administration. Of the amount provided, $24,200,000 
     is available until September 30, 2012.
       The bill includes an increase for the National Shrine 
     Commitment Program and to correct gravesite deficiencies to 
     include gravesite renovation projects to replace turf, repair 
     sunken graves, and raise, realign and clean headstones.

                       General Operating Expenses

       The Administration's budget request proposes that funding 
     for the administrative expenses associated with the VBA and 
     all Department-wide offices be included within one single 
     appropriation account. The bill has included funding for 
     these functions in two separate accounts: General Operating 
     Expenses, VBA and General Administration. The differences in 
     the mission and purpose of the Department's executive offices 
     and the VBA justify providing funding in two separate 
     accounts. Further, separating these two broad categories will 
     provide the Congress with greater visibility of budgetary 
     resources and oversight of expenditures for these two vital 
     missions.

                      Departmental Administration


                         GENERAL ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

       The bill appropriates $466,497,000 for General 
     Administration, of which not to exceed $22,000,000 is 
     available until September 30, 2012, and of which $23,584,000 
     is set aside to increase the VA acquisition workforce 
     capacity. Acquisition funds are available only to supplement, 
     not supplant, existing acquisition workforce activities. 
     Funding is available for training, recruiting, retaining, and 
     hiring additional members of the acquisition workforce as 
     defined by the Office of Federal Procurement Policy Act.
       The bill also provides transfer authority from General 
     Administration to General Operating Expenses, VBA.
       Of the $466,497,000 provided for General Administration, 
     $11,808,000 is for the Office of the Secretary; $75,198,000 
     is for the Board of Veterans Appeals; $91,049,000 is for the 
     Office of the General Counsel; $50,357,000 is for the Office 
     of Management; $76,177,000 is for the Office of Human 
     Resources; $28,783,000 is for the Office of Policy and 
     Planning; $22,091,000 is for the Office of Operations 
     Security and Preparedness; $24,205,000 is for the Office of 
     Public and Intergovernmental Affairs; $7,247,000 is for the 
     Office of Congressional and Legislative Affairs; and, 
     $79,582,000 is for the Office of Acquisition, Logistics and 
     Construction.
       The Department is directed to submit the planned and actual 
     expenditures of each General Administration office, as well 
     as the FTE levels for each, in the quarterly report submitted 
     to the Committees.
       The Department is directed to provide $10,000,000 for the 
     adaptive sports grant program under section 521A of title 38, 
     United States Code and section 322 of title 38, United States 
     Code.
       The Department is directed within 30 days of enactment of 
     this Act to provide to the Committees a detailed listing of 
     activities that the VA does not plan to fund through the 
     general purpose VERA allocation. In addition, the Department 
     is directed to include in the quarterly status reports 
     required by Section 219 of this Act both quarterly and 
     cumulative information on the funding allocated from the 
     National Reserve Fund for emerging program requirements and 
     innovations, detailing the specific programmatic activities 
     supported.
       The Department is instructed to include in future 
     congressional budget justifications the additional material 
     requested in the House report, with the modification of 
     listing only those programs that are unauthorized, not those 
     with current authorizations.
       The bill includes an additional $1,800,000 for the Office 
     of Management to establish a second fee care audit team, 
     modeled on the VA's existing team of permanent VA employees, 
     in order to increase the number of comprehensive audits of 
     fee care offices.
       The bill includes an additional $1,000,000 for the 
     Department to award a contract or grant to a Congressionally-
     chartered, non-partisan organization to conduct a study on 
     improvements to management structures within VHA's Fee Care 
     Program. The study should include the following: the 
     feasibility and advisability of consolidating fee offices; 
     the administrative cost savings, if any, that would be 
     realized if such a consolidation occurred; and whether such 
     consolidation would allow for more stringent management 
     controls in order to reduce improper payments within the Fee 
     Care Program.


      GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION

       The bill appropriates $2,162,776,000 for General Operating 
     Expenses, VBA. Of the amount provided, $108,000,000 is 
     available for obligation until September 30, 2012. The bill 
     fully funds the budget request for VBA to address increasing 
     disability claims and the workload associated with Agent 
     Orange presumptive claims. The bill provides an additional 
     $12,000,000 for vocational rehabilitation and employment (VR 
     and E) counselors. The Department is directed to use the 
     $12,000,000 saved from terminating the ``printer on every 
     desk'' initiative to hire the additional VR and E counselors. 
     The bill also provides an additional $14,000,000 to support 
     direct FTEs in the Education program for workload increases 
     associated with the post-9/11 GI bill program.


                     INFORMATION TECHNOLOGY SYSTEMS

       The bill appropriates $3,162,501,000 for Information 
     Technology (IT) Systems. Within this total, $966,000,000 is 
     provided for staff salaries and expenses, $1,453,685,000 for 
     the operation and maintenance of existing programs, and 
     $742,816,000 for new program development.
       The bill includes language that requires the Secretary to 
     submit a reprogramming base letter within 30 days of 
     enactment of this Act identifying by IT project its 
     development and operations cost. Thereafter, the Department 
     is directed to provide on a monthly basis an IT expenditure 
     plan with the specific information items mentioned in the 
     House and Senate reports.
       The bill also includes language restricting the obligation 
     of $742,816,000 in IT development funds until the Department 
     submits a certification letter to the Committees identifying 
     the projects or programs that are ready to receive funding in 
     fiscal year 2011 and in what amounts. The Department is 
     directed to submit the total life cycle development costs of 
     projects and programs receiving development funds in fiscal 
     year 2011, and to include these estimated costs in future 
     budget submissions.


                      OFFICE OF INSPECTOR GENERAL

       The bill appropriates $115,367,000 for the Office of 
     Inspector General. Of the amount provided, $6,000,000 is 
     available for obligation until September 30, 2012.


                      CONSTRUCTION, MAJOR PROJECTS

       The bill appropriates $1,151,036,000 for Construction, 
     Major Projects. The bill designates $940,932,000 for the 
     projects and activities and in the amounts specified below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                  Location and description                    This bill
------------------------------------------------------------------------
Veterans Health Administration (VHA):
  New Orleans, LA--New Medical Facility....................      310,000
  Denver, CO--New Medical Facility.........................      450,700
  Palo Alto, CA--Polytrauma/Ambulatory Care Replacement....       30,000
  Alameda Point, CA--Outpatient Clinic and Columbarium            17,332
   (Design)................................................
  Omaha, NE--Hospital Replacement Facility (Design)........       56,000
  Advanced Planning Fund--Various Locations................       89,750
  Facility Security Projects--Various Locations............       41,390
  Judgment Fund--Various Locations.........................        6,000
  BRAC Land Acquisition--Various Locations.................       13,000
  Resident Engineers for Major Construction--Various              23,964
   Locations...............................................
    Total VHA..............................................    1,038,136
National Cemetery Administration (NCA):
  Indiantown Gap, PA--Gravesite Expansion and Cemetery            23,500
   Improvements--Phase 4...................................
  Los Angeles, CA--Columbarium Expansion...................       27,600
  Tahoma, WA--Gravesite Expansion and Cemetery                    25,800
   Improvements--Phase 2...................................
  Advanced Planning Fund--Various Locations................       20,000
  NCA Land Acquisition Fund--Various Locations.............       10,000
    Total NCA..............................................      106,900
  General Administration: Staff Offices Department Advance         6,000
   Planning Fund...........................................
    Total Construction, major projects.....................    1,151,036
------------------------------------------------------------------------

       Funding for leasing health care center facilities (HCCFs) 
     is provided in the Medical Facilities account.
       The Department is directed to submit with all future budget 
     requests the findings associated with the Strategic Capital 
     Investment Planning review, which is designed to address the 
     problems of aging infrastructure and underutilized 
     properties.
       The Department is directed to report obligations for each 
     Major Construction project on a quarterly basis, with the 
     first report to the Committees to be submitted no later than 
     January 15, 2011, to reflect obligations incurred through 
     December 31, 2010. The Department is directed to provide a 5-
     year capital plan for Major Construction projects, and 
     include the total cost of each project and an obligation plan 
     by fiscal year.


                      CONSTRUCTION, MINOR PROJECTS

       The bill appropriates $517,700,000 for Construction, Minor 
     Projects. Of this amount, $428,712,000 is designated for the 
     VHA, $43,573,000 is for the National Cemetery Administration, 
     $22,625,000 is for General Administration - Staff Offices, 
     and $22,790,000 is for the VBA.
       The bill includes an additional $40,000,000 for high 
     priority minor construction projects, of which $8,265,000 is 
     designated for the construction and renovation needs 
     associated with the hiring of new disability claims 
     processors.
       The bill includes an additional $10,000,000 for the 
     renovation of unused buildings on Department of Veterans 
     Affairs campuses for the purpose of providing housing with 
     supportive services for homeless veterans. This funding will 
     allow the Department to make the renovations and pursue 
     public/private partnerships for operation. The Department is 
     directed to provide an expenditure plan for this funding to 
     the Committees by April 9, 2011.


       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

       The bill appropriates $85,000,000 for Grants for 
     Construction of State Extended Care Facilities.


          GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

       The bill appropriates $46,000,000 for Grants for 
     Construction of State Veterans Cemeteries.

                       Administrative Provisions


             (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

       The bill includes section 201 allowing for transfers among 
     various mandatory accounts.
       The bill includes section 202 allowing for the transfer of 
     funds among the three medical accounts.
       The bill includes section 203 allowing for the use of 
     salaries and expenses funds to be used for other authorized 
     purposes.
       The bill includes section 204 restricting the use of funds 
     for the acquisition of land.
       The bill includes section 205 limiting the use of funds in 
     the Medical Services account to only entitled beneficiaries 
     unless reimbursement is made to the Department.
       The bill includes section 206 allowing for the use of 
     certain mandatory appropriations accounts for payment of 
     prior year accrued obligations for those accounts.
       The bill includes section 207 allowing for the use of 
     appropriations available in this title to pay prior year 
     obligations.
       The bill includes section 208 allowing funds for the 
     administration of the National Service Life Insurance Fund, 
     the Veterans' Special Life Insurance Fund, and the United 
     States Government Life Insurance Fund.
       The bill includes section 209 allowing for the proceeds 
     from enhanced-use leases to be obligated in the year in which 
     the proceeds are received.
       The bill includes section 210 allowing for the use of 
     $38,783,000 in this title for salaries and other 
     administrative expenses to be used to reimburse the Office of 
     Resolution Management and $3,354,000 to reimburse the Office 
     of Employment Discrimination Complaint Adjudication.
       The bill includes section 211 limiting the use of funds for 
     any lease with an estimated annual rental cost of more than 
     $1,000,000 unless approved by the Committees.
       The bill includes section 212 requiring the Secretary of 
     the Department of Veterans Affairs to collect third-party 
     payer information for persons treated for non-service 
     connected disability.
       The bill includes section 213 allowing for the use of 
     enhanced-use leasing revenues for Construction, Major 
     Projects and Construction, Minor Projects.
       The bill includes section 214 allowing for the use of 
     Medical Services funds to be used for recreational facilities 
     and funeral expenses.
       The bill includes section 215 allowing for funds deposited 
     into the Medical Care Collections Fund to be transferred to 
     the Medical Services account.
       The bill includes section 216 which allows Alaskan veterans 
     to use medical facilities of the Indian Health Service or 
     tribal organizations at no additional cost to the Department 
     of Veterans Affairs or the Indian Health Service.
       The bill includes section 217 providing for the transfer of 
     funds from the Department of Veterans Affairs Capital Asset 
     Fund to the Construction, Major Projects and Construction, 
     Minor Projects accounts and makes those funds available until 
     expended.
       The bill includes section 218 prohibiting the use of funds 
     for any policy prohibiting the use of outreach or marketing 
     to enroll new veterans.
       The bill includes section 219 requiring the Secretary to 
     submit quarterly reports on the financial status and service 
     level status of the VHA.
       The bill includes section 220 allowing for the transfer of 
     funds from various accounts to the Information Technology 
     Systems account.
       The bill includes section 221 providing for transfer of 
     funds among projects within the Information Technology 
     Systems account.
       The bill includes section 222 authorizing the transfer of 
     not more than $5,000,000 to the Secretary of Health and Human 
     Services for a Graduate Psychology Education Program which 
     directly benefits veterans.
       The bill includes section 223 prohibiting any funds to be 
     used to contract out any function performed by more than ten 
     employees without a fair competition process.
       The bill includes section 224 limiting the obligation of 
     non-recurring maintenance funds during the last two months of 
     the fiscal year.
       The bill includes section 225 allowing for the transfer of 
     up to $235,360,000 from certain accounts to the Joint 
     Department of Defense/Department of Veterans Affairs Medical 
     Facility Demonstration Fund.
       The bill includes section 226 allowing for the transfer of 
     certain funds deposited in the Medical Care Collections Fund 
     to the Joint Department of Defense/Department of Veterans 
     Affairs Medical Facility Demonstration Fund.
       The bill includes section 227 allowing a minimum of 
     $15,000,000 to be transferred from Medical Services, Medical 
     Support and Compliance, and Medical Facilities to the 
     Department of Defense/Department of Veterans Affairs Health 
     Care Sharing Incentive Fund.
       The bill includes section 228 rescinding fiscal year 2011 
     funds from the three medical accounts ($1,015,000,000 for 
     Medical Services, $145,000,000 for Medical Support and 
     Compliance, and $145,000,000 for Medical Facilities) and then 
     appropriating those amounts for fiscal year 2011 with two-
     year authority.
       The bill includes section 229 requiring the Department to 
     notify the Committees of all bid savings in Major 
     Construction projects that total at least $5,000,000 or five 
     percent of the programmed amount of the project, whichever is 
     less. The Department is also directed to notify the 
     Committees 14 days prior to obligating such bid savings and 
     to describe the anticipated use of such savings.
       The bill includes section 230 prohibiting the Department 
     from increasing the scope of work of Major Construction 
     projects beyond the original scope identified in budget 
     justification documents. The Committees have been frustrated 
     trying to track the status and scope of projects that are 
     requested over multiple budget years. Important elements such 
     as size and cost change with little explanation. Since the 
     original information provided about the project in the budget 
     request includes little detail, it is hard to judge when the 
     scope of the project changes. To address this problem, the 
     Department is directed to include in the fiscal year 2012 
     budget request and thereafter a document comparable to the 
     Department of Defense Form 1391 indicating key baseline data 
     for each project to identify its original scope. If the scope 
     of a project changes, the Department is required to notify 
     immediately the Committees. The Department is encouraged to 
     request funding for Major Construction projects only when the 
     planning for the project is sufficiently advanced so that it 
     can be executed in the budget year. Such a timeline should 
     make scope changes less likely. These procedures will align 
     VA construction directives with those for the military 
     construction projects funded in this Act.
       The bill includes section 231 providing that $162,734,000 
     of fiscal year 2011 funding for Medical Facilities shall be 
     available for renewable energy projects.
       The bill includes section 232 providing additional fiscal 
     year 2011 funding of $74,776,000 for Medical Services.
       The bill includes section 233 providing additional fiscal 
     year 2011 funding of $35,000,000 for Medical Facilities.
       The bill includes section 234 regarding the designation of 
     supplemental funds.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission


                         SALARIES AND EXPENSES

       The bill appropriates $67,200,000 for Salaries and 
     Expenses. The bill provides $3,000,000 more than the budget 
     request. The additional funds are to be used for improvements 
     and rehabilitation of the Bataan Memorial at Cabanatuan in 
     the Philippines, as well as expansion of the Commission's 
     interpretive program.


                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       The bill appropriates such sums as necessary for the 
     Foreign Currency Fluctuation Account.

           United States Court of Appeals For Veterans Claims


                         SALARIES AND EXPENSES

       The bill appropriates $28,297,000 for Salaries and 
     Expenses. The amount provided includes $2,515,229 for the pro 
     bono program. The bill does not provide any funding for 
     transfer to the General Services Administration for the 
     construction of a courthouse to house the United States Court 
     of Appeals for Veterans Claims due to the uncertain total 
     cost of the project and concerns with the adequacy of the 
     proposed site.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         SALARIES AND EXPENSES

       The bill appropriates $50,340,000 for Salaries and 
     Expenses. The bill provides $8,240,000 more than the budget 
     request for the following activities identified by Arlington 
     Cemetery management: additional personnel ($4,481,000), an 
     operations center ($1,000,000), additional office space and 
     equipment ($300,000), information technology upgrades 
     ($1,000,000), records reconciliation ($500,000), call center 
     upgrades ($300,000), security assessments and corrective 
     actions ($159,000), and global information system integration 
     ($500,000). In addition, the bill includes $4,000,000 for the 
     development of a detailed master plan for Arlington National 
     Cemetery, as directed by the Secretary of the Army on June 
     10, 2010, and for initial planning for an expansion of the 
     current visitors center to enhance the visitor experience.

                      Armed Forces Retirement Home


                               TRUST FUND

       The bill appropriates $71,200,000 for the Armed Forces 
     Retirement Home.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides an additional $918,845,000 for Military 
     Construction, Army. The bill includes a general reduction of 
     $176,000,000 against the total projects appropriated to 
     account for the carryover of unobligated balances resulting 
     from cancellations and bid savings among projects 
     appropriated in prior years. The bill also includes a 
     provision providing for the transfer of $7,000,000 from the 
     account to the Department of Defense Inspector General for 
     the purpose of carrying out audits of military construction 
     projects in Afghanistan.

              Military Construction, Navy and Marine Corps

       The bill provides an additional $160,430,000 for Military 
     Construction, Navy and Marine Corps.

                    Military Construction, Air Force

       The bill provides an additional $129,266,000 for Military 
     Construction, Air Force. The bill includes a general 
     reduction of $216,000,000 against the total projects 
     appropriated to account for the carryover of unobligated 
     balances resulting from cancellations and bid savings among 
     projects appropriated in prior years.

                  Military Construction, Defense-Wide

       The bill provides an additional $48,461,000 for Military 
     Construction, Defense-Wide.

                       Administrative Provisions

       The bill includes section 401 providing a designation of 
     funds appropriated in this title.


                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes section 402 providing for the transfer of 
     up to $250,000,000 of funds provided to Military 
     Construction, Army, and Military Construction, Air Force, in 
     title IV of division E of Public Law 111-117 among projects 
     and activities within those accounts to accommodate cost and 
     scope changes, changes of location, or projects not otherwise 
     authorized that are necessary to support urgent military 
     operational requirements in Afghanistan, subject to 
     notification.


                     (INCLUDING TRANSFER OF FUNDS)

       The bill includes section 403 providing for the transfer of 
     up to $250,000,000 of funds provided to Military 
     Construction, Army, and Military Construction, Air Force, in 
     chapter 9 of title I of Public Law 111-212 among projects and 
     activities within those accounts to accommodate cost and 
     scope changes, changes of location, or projects not otherwise 
     authorized that are necessary to support urgent military 
     operational requirements in Afghanistan, subject to 
     notification.
       The bill includes section 404 authorizing the obligation 
     and expenditure of funds provided in this title for military 
     construction projects and activities not otherwise authorized 
     by law.

                                TITLE V

                           GENERAL PROVISIONS


                    (INCLUDING RESCISSIONS OF FUNDS)

       The bill includes section 501 prohibiting the use of funds 
     in the Act beyond the fiscal year unless expressly so 
     provided.
       The bill includes section 502 requiring pay raises to be 
     absorbed within the levels appropriated in this Act.
       The bill includes section 503 prohibiting the use of funds 
     in this Act for programs, projects or activities not in 
     compliance with Federal law relating to risk assessment, the 
     protection of private property rights, or unfunded mandates.
       The bill includes section 504 prohibiting the use of funds 
     in this Act to support to defeat legislation pending before 
     Congress.
       The bill includes section 505 encouraging all Departments 
     to expand their use of ``E-Commerce'' technologies.
       The bill includes section 506 prohibiting the transfer of 
     funds made available in this Act to any instrumentality of 
     the United States Government without authority from an 
     appropriations Act.
       The bill includes section 507 specifying the congressional 
     committees that are to receive all reports and notifications.
       The bill includes section 508 prohibiting the use of funds 
     in this Act for a project or program named for an individual 
     serving as a Member, Delegate, or Resident Commissioner of 
     the House of Representatives.
       The bill includes section 509 requiring all reports 
     submitted to be posted on official websites.
       The bill includes section 510 prohibiting the use of funds 
     in this Act for the processing of new enhanced-use leases at 
     the National Homes for Disabled Volunteer Soldiers located in 
     Milwaukee, Wisconsin.
       The bill includes section 511 authorizing and providing 
     $46,550,000 for construction of a nursing care home care unit 
     at the Beckley, West Virginia, Veterans Affairs Medical 
     Center.
       The bill includes section 512 authorizing a major medical 
     facility project at the Department of Veterans Affairs 
     Medical Center in West Los Angeles, California in an amount 
     not to exceed $35,500,000. The Department is authorized to 
     obligate funds derived from bid savings from major medical 
     facility projects to carry out this project.
       The bill includes section 513 rescinding $200,000,000, in 
     unobligated balances from prior appropriations Acts from 
     ``Military Construction, Army.''
       The bill includes section 514 rescinding $128,000,000, in 
     unobligated balances from title X of Public Law 111-5 from 
     ``Military Construction, Army'', ``Military Construction, 
     Navy and Marine Corps'', ``Military Construction, Air 
     Force'', ``Military Construction, Defense-Wide'', ``Military 
     Construction, Army National Guard'', ``Military Construction, 
     Air National Guard''.
       This bill includes section 515 rescinding $117,505,000, in 
     unobligated balances from title II of division E of Public 
     Law 111-117, under the heading ``Departmental Administration, 
     Information Technology Systems'' for staffing and 
     administrative payroll.


   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Following is a list of congressional earmarks and 
     congressionally directed spending items (as defined in clause 
     9 of rule XXI of the Rules of the House of Representatives 
     and rule XLIV of the Standing Rules of the Senate, 
     respectively) included in the bill or this explanatory 
     statement, along with the name of each Senator, House Member, 
     Delegate, or Resident Commissioner who submitted a request to 
     the House or Senate Committee of jurisdiction for each item 
     so identified. Neither the bill nor the explanatory statement 
     contains any limited tax benefits or limited tariff benefits 
     as defined in the applicable House and Senate rules.
     
     
   DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2011

       Following is an explanation of the effects of Division K, 
     which makes appropriations for the Department of State, 
     foreign operations, and related programs for fiscal year 
     2011. As provided in Section 4 of the consolidated bill, this 
     explanatory statement shall have the same effect with respect 
     to the allocation of funds and the implementation of this 
     division as if it were a joint explanatory statement of a 
     committee of conference.
       This statement includes explanatory language, directives 
     and tables for many, but not all of the accounts included in 
     this division. Language is not included for the following 
     accounts: Department of State--Capital Investment Fund; 
     Emergencies in the Diplomatic and Consular Service; 
     Repatriation Loans Program Account; Payment to the American 
     Institute in Taiwan; Payment to the Foreign Service 
     Retirement and Disability Fund; International Boundary and 
     Water Commissions, United States and Mexico; The Asia 
     Foundation; Center for Middle Eastern-Western Dialogue Trust 
     Fund; Eisenhower Exchange Fellowship Program; Israeli Arab 
     Scholarship Program; Commission for the Preservation of 
     America's Heritage Abroad; United States Commission on 
     International Religious Freedom; Commission on Security and 
     Cooperation in Europe; Congressional-Executive Commission on 
     the People's Republic of China; Capital Investment Fund--
     United States Agency for International Development (USAID); 
     International Disaster Assistance; Transition Initiatives; 
     Complex Crises Fund; Development Credit Authority; Inter-
     American Foundation; Department of the Treasury, 
     International Affairs Technical Assistance; Debt 
     Restructuring; Global Environment Facility; Contribution to 
     the International Development Association; Contribution to 
     the Inter-American Development Bank; Contribution to the 
     Enterprise for the Americas Multilateral Investment Fund; 
     Contribution to the Asian Development Fund; Contribution to 
     the African Development Fund; Contribution to the 
     International Fund for Agricultural Development; and Trade 
     and Development Agency. However, the table at the end of this 
     division includes funding levels for appropriations by 
     account, and comparisons to last year's levels and the budget 
     request for all accounts included in division K of this Act.

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $9,553,200,000 for Diplomatic and 
     Consular Affairs (D&CP), of which $1,560,700,000 is for 
     Worldwide Security Protection.
       The Secretary of State is directed to continue in fiscal 
     year 2011 the semi-annual reporting requirement on the 
     hiring, training, and deploying of new staff described under 
     this heading in the explanatory statement accompanying the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2010 (division F of Public Law 111-117).
       Within the amount provided, funds may be used to address 
     urgent renovation requirements for the Blair House, following 
     consultation with the Committees on Appropriations.
       The bill does not include the budget request for the 
     Foreign Affairs Security Training Center. The Secretary of 
     State is directed to submit a report to the Committees on 
     Appropriations not later than 60 days after selection of the 
     location site for the Center including the estimated 
     completion cost of the project; prioritization, cost, 
     timeline, and description of the phases; and a cost-benefit 
     analysis comparing the 10-year costs for the training from 
     leased facilities with the 10-year costs for training at the 
     Center, including the cost of constructing the new facility.
       The bill provides $2,000,000 for training, equipment and 
     other support for the Bureau for Democracy, Human Rights, and 
     Labor (DRL) and at United States missions to conduct vetting 
     of units and individuals of foreign security forces, 
     consistent with section 620M of the Foreign Assistance Act of 
     1961, as amended by this Act. The Committees on 
     Appropriations direct the Department of State to ensure that 
     Human Rights Officers at United States missions shall be 
     individuals with appropriate specialized training and 
     experience to effectively carry out the responsibilities of 
     the position, and that DRL be consulted on such appointments.
       The bill includes the budget request for cyber-security. In 
     addition, the Secretary of State is directed, in coordination 
     with the USAID Administrator, to consult with the Committees 
     on Appropriations not later than 60 days after enactment of 
     this Act on the cost-benefit and performance implications of 
     further consolidation of the information technology platforms 
     of the two agencies at the country level.
       The Secretary of State should expand support of the Special 
     Coordinator for Tibetan Issues and fill existing staff 
     positions to enable the Special Coordinator to carry out the 
     broad responsibilities detailed in section 621(d) of Public 
     Law 107-228, as well as for convening coordinating meetings 
     for appropriate United States Government agencies, 
     nongovernmental organizations (NGOs), and representatives of 
     the Tibetan leadership.
       Section 7034(u) directs the Secretary of State to conduct a 
     pilot program to recruit, hire, and train up to 25 mid-career 
     professionals for the Foreign Service to help address the 
     projected future shortfall of mid-career Foreign Service 
     Officers, which shall be carried out after consultation with 
     the Committees on Appropriations.
       The bill provides $1,760,900,000 to support the transition 
     from a military to civilian United States presence in Iraq, 
     including $25,000,000 of the $50,000,000 that was requested 
     by the Department of State for transfer from the 
     International Narcotics Control and Law Enforcement (INCLE) 
     account. The bill does not include the requested transfer 
     authority from INCLE to D&CP.
       The bill provides $334,000,000 to offset the loss of 
     assumed revenue from expanded consular fee retention 
     authority.
       The bill includes funds for the requested new positions 
     related to Department of State operations and programs in 
     Afghanistan, Pakistan and Iraq.
       The Secretary of State is urged to continue support for the 
     educational partnerships developed between the Department of 
     State and community colleges and universities that focus on 
     recruiting and preparing students from institutions with 
     large minority populations for positions in the Foreign 
     Service and for the Office of Science and Technology 
     Advisor's science fellowship programs. In addition, the 
     Secretary should ensure that United States small, minority-
     owned, and disadvantaged business enterprises are able to 
     fully participate in the provision of goods and services for 
     the Department of State.
       The Office of Public Diplomacy and Public Affairs is 
     encouraged to continue funding for new media programming for 
     targeted Arabic language television programs, as specified in 
     Senate Report 111-237.
       The Secretary is directed to submit a report on 
     implementation and progress toward achieving each of the 
     sustainability goals and targets applicable to all United 
     States Government agencies, as specified in Executive Order 
     13514.
       The efforts undertaken by the Office of Global Women's 
     Issues to integrate gender considerations into all programs 
     should continue with full consultation with, and support of, 
     the Office of the Director of Foreign Assistance and USAID.
       The Department of State is expected to work to increase 
     consultations between the United Nations (UN) and New York 
     City officials, to ensure local codes, regulations and 
     security requirements are taken into account in any 
     renovation or construction of facilities.
       The Department of State shall follow the directive related 
     to property inventory in Senate Report 111-237.
       Not later than 180 days after enactment of this Act, the 
     Secretary of State, in consultation with the USAID 
     Administrator, shall submit a report to the Committees on 
     Appropriations on the number of private security contractors 
     serving at United States missions in Iraq and Afghanistan, 
     including: the cost and duties of such contractors; existing 
     oversight mechanisms and the number of Department of State 
     and USAID personnel, as appropriate, conducting such 
     oversight; and a cost-benefit analysis of replacing such 
     contractors with United States Government personnel.
       The bill provides $43,000,000 for costs related to the Asia 
     Pacific Economic Cooperation (APEC) Forum in fiscal year 
     2011, which with the $41,500,000 allocated in fiscal year 
     2010 provides $84,500,000 for APEC Forum costs, including 
     appropriate costs for providing security for visiting foreign 
     officials and their delegations attending APEC meetings.
       The bill provides $8,356,000 under this heading to support 
     the establishment of new American Centers. In addition, 
     $6,000,000 is provided under the Embassy Security, 
     Construction, and Maintenance (ESCM) heading for related 
     construction and renovation costs. Additional funds may be 
     needed under ESCM for this purpose, and the Department of 
     State is directed to consult with the Committees on 
     Appropriations prior to the transfer of up to $8,356,000 to 
     ESCM for this purpose.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                    Diplomatic and Consular Programs
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                         Activities                           Authority
------------------------------------------------------------------------
Human Resources............................................    2,754,289
    Public Diplomacy Programs (non-add)....................    [140,728]
    Human Resources Initiative (non-add)...................    [507,128]
    Worldwide Security Protection (non-add)................    [249,315]
Overseas Programs..........................................    3,432,216
    Ambassador's Fund for Cultural Preservation (non-add)..      [9,250]
    Cultural Antiquities Task Force (non-add)..............      [1,000]
    Locally Employed Staff (non-add).......................    [773,479]
    Public Diplomacy Programs (non-add)....................    [415,243]
Diplomatic Policy and Support..............................      884,988
Security Programs..........................................    2,481,707
    Worldwide Security Protection (non-add)................  [1,311,385]
                                                            ------------
        Total--Diplomatic and Consular Programs............    9,553,200
------------------------------------------------------------------------
Subtotal, Afghanistan Operations...........................      911,120
Subtotal, Iraq Operations..................................    1,760,900
Subtotal, Pakistan Operations..............................      153,357
Subtotal, Worldwide Security Protection....................   1,560,700
                            Offices/Programs
Leahy Vetting Program......................................        2,000
Office of Global Women's Issues............................        2,761
Office to Monitor and Combat Trafficking in Persons........        6,410
------------------------------------------------------------------------

                   CIVILIAN STABILIZATION INITIATIVE

       The bill provides $35,000,000 for Civilian Stabilization 
     Initiative (CSI) in this title. In addition, $15,000,000 is 
     provided under the same heading in title II of the bill, for 
     a total of $50,000,000 for the CSI in fiscal year 2011.
       The Committees on Appropriations believe the CSI has 
     potential as a mechanism for responding to international 
     crises, but it remains a work in progress and has yet to 
     demonstrate that it is effective. Given that the Quadrennial 
     Diplomacy and Development Review (QDDR) has not been 
     finalized and submitted to the Congress, the Secretary of 
     State is directed to pursue a minimal stand up and 
     implementation plan for CSI in fiscal year 2011 and support 
     no more than a total of 170 Civilian Response Corps active 
     personnel. The fiscal year 2011 plan to increase the number 
     of stand-by corps from 1,030 to 2,000 is unsustainable. The 
     Secretary of State is directed to consult with the Committees 
     on Appropriations prior to implementing any reforms of CSI 
     that may be proposed in the QDDR, including the establishment 
     of a new office or bureau, which is subject to the 
     limitations of section 7015(a) of this Act.
       Not later than 6 months after enactment of this Act, and 
     after a comprehensive review of the activities of the Office 
     of the Coordinator for Reconstruction and Stabilization, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing a refined and more focused mission 
     for this office, including clarification of its role in 
     international crisis response; changes in staffing levels 
     required to meet its mission; budget modifications, as 
     appropriate; lessons learned since its inception; and the 
     mechanisms that have been established to ensure coordination 
     with other crisis response capabilities of the United States 
     Government, particularly USAID and the Department of Defense. 
     Until the report is submitted, the Secretary is directed to 
     freeze hiring of new active and standby Civilian Response 
     Corps personnel.


                      OFFICE OF INSPECTOR GENERAL

       The bill provides $115,000,000 for Office of Inspector 
     General (OIG) under this heading, of which $22,000,000 is for 
     the Special Inspector General for Iraq Reconstruction (SIGIR) 
     and $30,287,000 is for the Special Inspector General for 
     Afghanistan Reconstruction (SIGAR). In addition, the 
     Supplemental Appropriations Act, 2010 (Public Law 111-212) 
     included $7,200,000 for SIGAR for fiscal year 2011 and 
     section 7071(a)(4)(B) of this bill provides $1,500,000 by 
     transfer to both the SIGAR and the OIG for enhanced oversight 
     of assistance for Afghanistan, making a total of $38,987,000 
     available for the SIGAR and $64,213,000 for the OIG in fiscal 
     year 2011.
       The Committees on Appropriations recognize the valuable 
     presence of the OIG's Middle East Regional Office, and direct 
     that it remain an independent office, report directly to the 
     Inspector General, and continue conducting evaluations in the 
     Middle East region. In addition, the activities undertaken by 
     the OIG are distinct from SIGAR and SIGIR and should continue 
     in Iraq and Afghanistan.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       The bill provides $654,200,000 for Educational and Cultural 
     Exchange Programs, of which $13,500,000 is for expanded 
     exchange and English language programs requested under the 
     Economic Support Fund (ESF) heading for the Global Engagement 
     initiative. The Department of State shall follow the 
     directive in Senate Report 111-237 regarding proposed 
     reallocations to Pakistan and other Muslim-majority 
     countries.
       Any proposal for the programmatic and geographic 
     distribution of available resources (including unobligated 
     balances and recoveries) shall be submitted through the 
     normal reprogramming process not later than 60 days after 
     enactment of this Act. The overall funding distribution shall 
     conform to the programmatic guidance included in this 
     statement. Such plan should detail, by country, the amount 
     allocated for Global Engagement initiative activities.
       The bill provides funding to continue each of the programs 
     referenced in the first paragraph following the table under 
     this heading in the explanatory statement accompanying the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2010 (division F of Public Law 111-117).
       The bill provides $8,500,000 to continue the One-time 
     Competitive Grants Program. This program shall be only for 
     the actual exchange of people, should follow the criteria 
     established under this heading in the explanatory statement 
     accompanying the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161), and should benefit a population that is 
     not being addressed through existing exchange programs.
       The Department of State should consider proposals from the 
     following organizations, in addition to those listed under 
     the One-time International Exchange Grant Program heading in 
     Senate Report 111-237, which shall be considered in full and 
     open competition, and in accordance with all applicable rules 
     and regulations: Santa Clara University; South Africa 
     Washington Internship Program; Spelman College; Washington 
     Ireland Program; and World Youth Peace Summit. The Department 
     is also encouraged to continue funding the exchange programs 
     listed in the fourth and fifth paragraphs under the heading 
     in House Report 111-187, continue to support exchange 
     programs and activities in the visual and performing arts, 
     and consider funding for the OneWorld 2011 conference 
     bringing together representatives from the United States and 
     several Muslim-majority countries.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Account                             Authority
------------------------------------------------------------------------
Academic Programs:
    Fulbright Program......................................      260,326
Global Academic Exchanges:
    Educational Advising and Student Services..............       13,408
    English Language Programs..............................       52,272
                                                            ------------
        Subtotal, Global Academic Exchanges................       65,680
Special Academic Exchanges:
    Regional Graduate Fellowships..........................       22,660
    American Overseas Research Centers.....................        5,000
    South Pacific Exchanges................................          500
    Timor-Leste Exchanges..................................          500
    Disability Exchange Clearinghouse......................          500
    Benjamin Gilman International Scholarship Program......       10,800
    George Mitchell Fellowship Program.....................          500
    Hemispheric Program....................................          500
    Tibet Fulbright Program................................          775
                                                            ------------
        Subtotal, Special Academic Exchanges...............       41,735
            Total, Academic Programs.......................      367,741
 
Professional and Cultural Exchanges:
    International Visitor Program..........................       96,569
    Citizen Exchange Programs..............................      103,844
    Kennedy-Lugar Youth Ambassadors Program (non-add)......     [25,500]
Special Professional and Cultural Exchanges:
    Congress Bundestag Youth Exchange......................        4,000
    Mike Mansfield Fellowship Program......................        1,902
    Irish Institute........................................        1,020
    Ngawang Choephel Fellows...............................          675
    Youth Science Programs.................................          150
    Institute for Representative Government................          496
    Pakistan Literacy Training Program.....................          375
                                                            ------------
        Subtotal, Special Professional and Cultural                8,618
         Exchanges.........................................
            Total, Professional and Cultural Exchanges.....      209,031
 
One-time Grant Program.....................................        8,500
Program Evaluation.........................................        6,174
Exchanges Support..........................................       62,754
            Total, Educational and Cultural Exchange             654,200
             Programs......................................
------------------------------------------------------------------------

                       representation allowances

       The bill provides $8,175,000 for Representation Allowances.
       The Department of State is directed to continue to provide 
     the semi-annual report to the Committees on Appropriations 
     containing detailed information on the uses of funds 
     appropriated under this heading.


              protection of foreign missions and officials

       The bill provides $30,000,000 for Protection of Foreign 
     Missions and Officials, of which $27,600,000 is for the 
     program in New York and $2,400,000 is for the program 
     elsewhere in the United States.
       The Secretary of State is to continue to submit the report 
     required under this heading in House Report 111-187 regarding 
     the amount of claims submitted by eligible jurisdictions and 
     the funds available to pay such claims. The Secretary of 
     State should also consider the guidance included under this 
     heading in Senate Report 111-237 regarding the financial 
     benefits to jurisdictions from visits of foreign delegations.


            embassy security, construction, and maintenance

       The bill provides $1,838,300,000 for Embassy Security, 
     Construction, and Maintenance, of which $925,000,000 is for 
     worldwide security upgrades and $913,300,000 is for other 
     construction, operations and maintenance. The amount provided 
     includes $174,000,000 above the request to offset the loss of 
     assumed revenue from expanded consular fee retention 
     authority.
       The Secretary of State is directed to provide a spend plan 
     to the Committees on Appropriations not later than 60 days 
     after enactment of this Act, which shall be consistent with 
     the directives under this heading in the explanatory 
     statement accompanying the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117).
       The bill provides the amount requested for security 
     enhancements of soft targets.
       The bill provides $6,000,000 for construction and 
     renovation costs for American Centers. The Department of 
     State shall consult with the Committees on Appropriations 
     regarding a possible transfer from D_CP of up to $8,356,000 
     to establish new American Centers at locations worldwide.
       The bill provides $833,000,000 for the Department of 
     State's Capital Security Cost-Sharing program contribution. 
     The Committees on Appropriations are concerned about the 
     sustainability of the rising cost of constructing, 
     maintaining, and operating new, state-of-the-art embassy 
     compounds and direct the Secretary of State to review the 
     cost assumptions and construction process to ensure that new 
     embassy compounds are constructed, transferred to the 
     Department of State, and operated in a cost-effective and 
     sustainable manner.

                      International Organizations


              contributions to international organizations

       The bill provides $1,545,430,000 for Contributions to 
     International Organizations. The Secretary of State is 
     directed to conduct a review of all international 
     organizations that the United States participates in; align 
     United States participation in and funding for such 
     organizations with United States national interests; promptly 
     initiate steps to withdraw from any which do not merit United 
     States participation; and refrain from entering into new 
     commitments without adequate resources.
       The Department of State is directed to update the reporting 
     requirement related to the voting practices of UN member 
     states as specified under this heading in the explanatory 
     statement accompanying the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117) for the current calendar 
     year.
       The bill includes a new provision under this heading 
     directing that credits to United States-assessed 
     contributions to the UN Tax Equalization Fund should be used 
     to offset other assessed contributions to the UN, subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       In an effort to control costs and ensure security at the 
     new North American Treaty Organization Headquarters building, 
     the Department of State is directed to complete an agreement 
     with the Department of Defense on the allocation of costs for 
     the ``fit-out'' of the United States Mission space within the 
     new building.


        contributions for international peacekeeping activities

       The bill provides $2,096,382,000 for Contributions for 
     International Peacekeeping Activities.
       The Department of State shall follow the directive related 
     to the UN Office of Internal Oversight Services as specified 
     under this heading in the explanatory statement accompanying 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2010 (division F of Public Law 
     111-117).
       The Committees on Appropriations are concerned with 
     continuing reports of abuses of civilians by UN peacekeeping 
     troops, including those who have been credibly alleged to 
     have committed such abuses in their home countries. The bill 
     requires the Secretary of State to work with the UN and 
     governments that contribute peacekeeping troops to develop 
     effective vetting procedures.
       The bill includes a new provision under this heading 
     directing that credits to United States-assessed 
     contributions to the UN Tax Equalization Fund should be used 
     to offset other assessed contributions to the UN, subject to 
     the regular notification procedures of the Committees on 
     Appropriations.

                       International Commissions


              american sections, international commissions

       The bill provides $12,655,000 for American Sections, 
     International Commissions, of which $2,422,000 is for the 
     International Boundary Commission, $7,931,000 is for the 
     International Joint Commission (including $300,000 to expand 
     the Upper Great Lakes study as described under this heading 
     in Senate Report 111-237), and $2,302,000 is for the Border 
     Environment Cooperation Commission.
       American Sections, International Commissions shall follow 
     the directive, as specified under this heading in Senate 
     Report 111-237 related to the International Boundary 
     Commission and the International Joint Commission.


                  international fisheries commissions

       The bill provides $51,000,000 for International Fisheries 
     Commissions, of which $3,000,000 is for lamprey control and 
     water quality improvements in the Lake Champlain Basin, and 
     $3,900,000 is for sea lamprey control and fishery research 
     for the Great Lakes Basin.
       The bill provides $500,000 above the request for the 
     International Pacific Halibut Commission to initiate the 
     relocation and fit-out of its offices. These funds are 
     available through fiscal year 2012 in order to facilitate the 
     orderly transition into new space.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                   INTERNATIONAL FISHERIES COMMISSIONS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                     Commission/Program                       Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission.............................       24,700
    Water Quality Improvements and Lamprey Control (non-         [3,000]
     add)..................................................
Inter-American Tropical Tuna Commission....................        1,800
Pacific Salmon Commission..................................        3,190
Pacific Salmon Treaty Commitment...........................       15,000
International Pacific Halibut Commission...................        3,750
    Relocation and Fit-out (non-add).......................        [500]
Other Marine Conservation Organizations:
    International Whaling Commission.......................          195
    North Pacific Anadromous Fish Commission...............          187
    International Commission for the Conservation of                 295
     Atlantic Tunas........................................
    Northwest Atlantic Fisheries Organization..............          202
 
Commission for the Conservation of Antarctic Marine Living           115
 Resources.................................................
    North Atlantic Salmon Conservation Organization........           50
    International Council for the Exploration of the Sea...          260
    North Pacific Marine Science Organization..............          206
    International Sea Turtle Conservation..................          170
    Antarctic Treaty.......................................           65
    Western and Central Pacific Fisheries Commission.......          655
    Expenses of the United States Commissioners............          160
Subtotal, Other Marine Conservation Organizations..........        2,560
            Total, International Fisheries Commissions.....       51,000
------------------------------------------------------------------------

                             RELATED AGENCY

                    Broadcasting Board Of Governors


                 international broadcasting operations

       The bill provides $744,500,000 for International 
     Broadcasting Operations of the Broadcasting Board of 
     Governors (BBG) for the operating and engineering costs of 
     Voice of America (VOA); the Office of Cuba Broadcasting; 
     Radio Free Europe/Radio Liberty; Radio Free Asia (RFA); 
     Middle East Broadcasting Networks; and the BBG. The bill does 
     not provide funding requested for program enhancements, with 
     the exception of the upgrade of the Network Control Center.
       The bill provides not less than the $8,000,000 requested 
     for broadcasting to North Korea. Funds also are included to 
     continue at present levels RFA and VOA Tibetan language 
     services.
       The Committees on Appropriations do not support closing the 
     Greenville Transmitting Station and direct that none of the 
     funds available in this Act be used for such purposes. The 
     bill provides funding to continue VOA broadcasts in Greek. 
     The Committees on Appropriations understand that the BBG has, 
     over the past several years, internally funded surge 
     broadcasts in Burmese, Swahili, and Spanish and is not 
     planning to continue these broadcasts in fiscal year 2011. 
     The BBG is directed to include justification for the 
     discontinuation of these broadcasts in the spend plan and to 
     continue these broadcasts at current levels until the BBG 
     receives Congressional approval for any change in broadcast 
     hours. The bill includes a new provision requiring that the 
     Committees on Appropriation be notified prior to reducing or 
     increasing BBG broadcast hours or implementing changes to 
     transmission platforms.
       The BBG is directed to conduct an evaluation of the 
     effectiveness of Persian News Network (PNN) and Radio Farda 
     programming to Iran and report to the Committees on 
     Appropriations not later than March 31, 2011, on its findings 
     and proposals for BBG programming to Iran. The bill provides 
     adequate funding to continue the radio rebroadcasts of PNN 
     television programming and the one hour original VOA Persian 
     radio broadcast during this evaluation period.
       The bill provides funding requested for BBG Pashto and Dari 
     broadcasts to Afghanistan and BBG broadcasts to Iraq. The 
     bill also provides $750,000 to support expanded Internet 
     anti-censorship efforts, in addition to funds made available 
     for such purposes.
       The BBG shall follow the directive specified in Senate 
     Report 111-237 related to Cuba.
       The BBG is directed to undertake a strategic review of 
     Alhurra and the effectiveness of its programming in the 
     region and to report to the Committees on Appropriations on 
     its findings and recommendations for improving program and 
     journalistic quality, viewership, efficiency in operations, 
     and sustainability of Alhurra's cost of operations.
       The BBG is directed to provide the report requested under 
     this heading in Senate Report 111-237 regarding revenue from 
     privatization and commercial efforts.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                  INTERNATIONAL BROADCASTING OPERATIONS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Program                             Authority
------------------------------------------------------------------------
International Broadcasting Bureau (IBB):
    Voice of America.......................................      206,877
    Broadcasting to Cuba...................................       28,789
    Engineering and Technical Services.....................      188,249
    Agency Direction.......................................       28,290
    IBB Management and Support.............................       47,172
                                                            ------------
        Subtotal, IBB......................................      499,377
 
Independent Grantee Organizations:
    Radio Free Europe/Radio Liberty........................       94,488
    Radio Free Asia........................................       37,679
    Middle East Broadcasting Networks......................      112,956
                                                            ------------
        Subtotal, Grantees.................................      245,123
 
            Total, International Broadcasting Operations...      744,500
------------------------------------------------------------------------

                   broadcasting capital improvements

       The bill provides $6,875,000 for Broadcasting Capital 
     Improvements. Funds should be programmed consistent with the 
     directives under this heading in Senate Report 111-237.

                            RELATED PROGRAMS

                    United States Institute Of Peace

       The bill provides $44,050,000 for the United States 
     Institute of Peace (USIP). The $2,500,000 requested for 
     building security equipment, construction, and costs 
     associated with the planning and rehabilitation of United 
     States Navy Potomac Annex Buildings 6 and 7 is not provided. 
     The planning and rehabilitation of these buildings should be 
     paid for with funds from other sources, including private or 
     Federal funding from organizations and agencies that will 
     utilize the proposed training facility. USIP may reprogram 
     funds as necessary to address the security requirements of 
     the headquarters facility, subject to consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations.

                            East-West Center

       The bill provides $23,100,000 for East-West Center.
       The bill provides funding to support the initiatives 
     described in Senate Report 111-237.

                    National Endowment for Democracy

       The bill provides $118,000,000 for National Endowment for 
     Democracy (NED). An additional $10,500,000 is provided to the 
     NED for democracy programs in Egypt, Pakistan, Cuba, North 
     Korea, and the Democratic Republic of the Congo (DRC), which 
     shall support new small grants and not be used to fund 
     current, on-going programs. These countries present 
     challenging programmatic and complex political environments 
     well suited to NED's mission. In some cases, NED is more 
     appropriate and cost effective for the promotion of democracy 
     abroad than the Department of State or USAID. NED shall 
     consult with the Committees on Appropriations on the uses of 
     these funds prior to the obligation of funds and program 
     implementation, and shall provide the financial spend plan in 
     accordance with the directives in Senate Report 111-237.
       USAID and the Department of State are to coordinate 
     democracy programs with NED to avoid duplication of 
     activities.
       NED and the Department of State shall follow the directive 
     related to the pass-through nature of the NED grant, as 
     specified in Senate Report 111-237.
       NED is directed to use $250,000 for the training and 
     education of Tibetans in democracy activities and for 
     monitoring the human rights situation in Tibet.
       Within the total provided, funding is included for 
     activities to support democracy promotion, human rights, 
     labor rights, and the rule of law, as well as funding for the 
     International Forum for Democratic Studies, Reagan-Fascell 
     Fellows program, the World Movement for Democracy, and the 
     Center for International Media Assistance.

                           OTHER COMMISSIONS

      United States-China Economic and Security Review Commission

       The bill provides $3,625,000 for United States-China 
     Economic and Security Review Commission.
       Funds are provided for the Commission to undertake a study 
     on China's use of country of origin labeling as a method of 
     avoiding anti-dumping and countervailing duties on products, 
     including with respect to components of Chinese steel.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $1,392,000,000 for Operating Expenses, of 
     which $18,091,000 is to support the USAID Forward procurement 
     reform initiatives. Funds should be used to increase the 
     number of procurement and oversight staff to ensure proper 
     use of USAID assistance funds.
       USAID is directed to provide regular updates on actions 
     taken and recommended by the Procurement Reform Task Force 
     and to notify the Committees on Appropriations prior to 
     implementing new procurement reform proposals.
       The Department of State and USAID shall follow the 
     directives related to disability programs, as specified in 
     Senate Report 111-237.
       USAID shall follow the reporting requirement related to 
     small minority-owned and disadvantaged business enterprises 
     in House Report 111-187.
       The bill provides $264,324,000 for the Development 
     Leadership Initiative (DLI), including to support the hiring 
     of not more than 100 additional DLI Foreign Service Officers. 
     This amount is lower than the budget request due to the 
     reduced costs assumed per new hire and the reduced number of 
     new hires in fiscal year 2011. USAID is directed to provide 
     quarterly updates on the status and costs of the hiring, 
     training, and deploying of personnel.
       The USAID Administrator is directed to provide a report on 
     implementation and progress toward achieving each of the 
     sustainability goals and targets applicable to all United 
     States Government agencies, as specified in Executive Order 
     13514.
       USAID and the Department of State are directed to provide 
     updates to the Committees on Appropriations on decisions made 
     and actions taken related to the inclusion of USAID program 
     implementers in the Synchronized Pre-Deployment and 
     Operational Tracker database.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                        USAID OPERATING EXPENSES
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Program                             Authority
------------------------------------------------------------------------
Development Leadership Initiative..........................      264,324
Overseas Facilities........................................       37,457
USAID Forward Procurement Reform...........................       18,091
Overseas Operations........................................      655,881
    Locally Employed Staff Special Compensation (non-add)..      [1,000]
Washington Operations......................................      273,241
Central Support............................................      231,132
        Subtotal, USAID Operating Expenses.................    1,480,126
Less other sources.........................................     (88,126)
------------------------------------------------------------------------
        TOTAL, USAID Operating Expenses....................    1,392,000
------------------------------------------------------------------------

                   CIVILIAN STABILIZATION INITIATIVE

       The bill provides $15,000,000 for Civilian Stabilization 
     Initiative in this title, which includes $5,000,000 for 
     deployments. The bill also provides $35,000,000 under the 
     same heading in title I of the bill, for a total of 
     $50,000,000 for the CSI in fiscal year 2011.


                      OFFICE OF INSPECTOR GENERAL

       The bill provides $46,500,000 for Office of Inspector 
     General.
       The OIG is directed to provide a spend plan and summary of 
     oversight work in fiscal year 2011. The activities undertaken 
     by the USAID Inspector General in Iraq and Afghanistan are 
     distinct from SIGIR and SIGAR and should continue.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

       Funds in this Act are allocated, unless otherwise noted, 
     according to the following table, and are subject to the 
     provisions of section 7019 of this Act:

                                 Sectors
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Program                             Authority
------------------------------------------------------------------------
Food Security and Agricultural Development.................    1,400,000
    Dairy and livestock programs (non-add).................     [30,000]
    Plant biotechnology and research (non-add).............     [35,000]
    Collaborative Research Support Programs (non-add)......     [33,000]
    Global Crop Diversity Trust (non-add)..................     [12,000]
Water......................................................      315,000
Basic Education............................................      925,000
Higher Education...........................................      225,000
    Higher education programs in Africa (non-add)..........     [25,000]
    of which for United States-African partnerships (non-       [15,000]
     add)..................................................
Microenterprise/Microfinance...............................      265,000
Climate Change and Environment.............................    1,476,550
American Schools and Hospitals Abroad......................       24,000
Victims of Torture.........................................       13,000
USAID's Cooperative Development Program....................       12,000
Women's Leadership Training programs.......................       22,500
------------------------------------------------------------------------

                  Funds Appropriated to the President


                    GLOBAL HEALTH AND CHILD SURVIVAL

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $8,222,000,000 for Global Health and 
     Child Survival. Of the total, $2,722,000,000 is for USAID 
     global health programs, and $5,500,000,000 is apportioned 
     directly to the Office of the United States Global AIDS 
     Coordinator (OGAC) at the Department of State for global HIV/
     AIDS programs.
       USAID is directed to consult with the Committees on 
     Appropriations prior to the finalization of Global Health 
     Initiative-plus country plans and prior to the obligation of 
     funding from the Strategic Reserve Fund.
       The Committees on Appropriations note that the Secretary of 
     State has not provided the report requested in the 
     explanatory statement accompanying the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2010 (division F of Public Law 111-117) on global health 
     program effectiveness. The Secretary is directed to provide 
     this report not later than 90 days after enactment of this 
     Act, which shall include a brief description of key global 
     health challenges; the interventions that have been found to 
     have the greatest impact in addressing these challenges; and 
     further steps the United States could take to help 
     significantly reduce mortality and morbidity. The report 
     should pay special attention to those challenges that have 
     not received adequate support in the past.
       OGAC is directed to consult with the Committees on 
     Appropriations on how the integration of health and 
     development programs is impacting the effectiveness and 
     outcomes of HIV/AIDS programs; the implementation of a 
     strategy to train 140,000 new health workers; OGAC's strategy 
     to implement an effective monitoring and evaluation program; 
     and how administrative costs, including overhead, are 
     calculated for participating agencies.
       OGAC and the Global Fund to Fight AIDS, Tuberculosis and 
     Malaria (Global Fund) have announced their intention to work 
     together to begin to harmonize bilateral and multilateral 
     assistance programs to reduce duplication and leverage 
     investments, including treatment. OGAC and the Global Fund 
     are directed to jointly report to the Committees on 
     Appropriations on these discussions not later than 120 days 
     after enactment of this Act and to provide early estimates of 
     countries where OGAC funding will decrease and Global Fund 
     support will increase based upon this division of program 
     priorities.
       USAID is directed to continue to support the GAVI Alliance 
     and is further directed to undertake a modeling effort with 
     the GAVI Alliance to establish budget projections and 
     programmatic implications of the roll-out of new vaccines in 
     the next three years.
       USAID should continue and expand support for an integrated 
     response to neglected tropical diseases, including 
     schistosomiasis, lymphatic filariasis, onchocerciasis, soil 
     transmitted helminthes, and trachoma; and explore 
     opportunities to address buruli ulcer, chagas, and leprosy.
       The USAID Special Advisor for Orphans and Vulnerable 
     Children and the Department of State's Special Advisor to the 
     Office of Children's Issues are directed to jointly provide a 
     report to the Committees on Appropriations not later than 90 
     days after enactment of this Act detailing how USAID and the 
     Department of State are assisting developing countries to 
     provide family-based care to orphans, including helping such 
     countries develop data on the number of children living 
     outside of parental care; and identify and replicate best 
     practices in providing family-based care.
       OGAC is directed to provide the report to the Committees on 
     Appropriations related to the Global Fund as specified in 
     House Report 111-187.
       OGAC is directed to ensure that family planning services 
     are available to individuals served by OGAC programs.
       OGAC is directed to provide $6,000,000 to USAID to support 
     microbicides research, including next generation anti-
     retroviral based microbicides. OGAC shall consider support 
     for microbicides trials for young and adolescent women at the 
     Kenya Medical Research Institute's Centers for Disease 
     Control and Prevention HIV research branch. USAID and OGAC 
     are directed to consult with the Committees on Appropriations 
     on this program.
       OGAC and the Department of State shall follow the regular 
     notification procedures for current and prior year funding 
     for all OGAC-funded programs, including all reprogramming 
     requirements contained in sections 7015 and 7019 of this Act.
       OGAC is directed to work with relevant host governments and 
     donors to make information available regarding educational, 
     vocational and microfinance opportunities at global health 
     clinics, especially those that target most at-risk 
     populations.
       Of the funds made available for global health and HIV/AIDS 
     programs, funding should be made available for technical 
     assistance within the relevant host country ministries for 
     procurement system strengthening. The Global Fund should 
     designate additional funding for capacity building for host 
     country fiscal management, audits, reporting, and procurement 
     systems strengthening.
       USAID shall follow the directive related to anti-malaria 
     assistance through international and indigenous 
     nongovernmental organizations (NGOs) in Burma, as specified 
     in Senate Report 111-237.
       USAID voluntary family planning programs should offer a 
     broad range of family planning methods and services, 
     including fertility awareness programs.
       USAID is directed to provide the annual report on its 
     research and development program and to develop a multi-year 
     strategy for global health research and development 
     initiatives and programs.
       USAID shall follow the directives in Senate Report 111-237 
     regarding the development of safe, effective and affordable 
     drugs to combat tuberculosis, including multidrug resistant 
     tuberculosis and extremely drug resistant tuberculosis.
       OGAC and USAID shall follow the directive regarding the 
     recruitment of healthcare workers, as specified in Senate 
     Report 111-237.
       The Department of State and USAID should consider proposals 
     from the following organizations, in addition to those listed 
     under the Proposals heading in Senate Report 111-237, which 
     shall be considered in full and open competition, and in 
     accordance with all applicable rules and regulations: Emory 
     University's Global Health Leadership Development Program; 
     International Association of Multicultural Women; Institute 
     for Global Health at the University of Massachusetts; Project 
     C.U.R.E.; Einstein College of Medicine's Global Diabetes 
     Initiative; Afya Foundation; Tel Aviv University; Physicians 
     for Peace; International Obstetric Fistula Working Group; 
     Global Campaign to End Fistula; Helen Keller International; 
     Local Voices; Safe Blood for Africa; TREAT Asia; McCord 
     Research Foundation; the International Partnership for 
     Microbicides; and International AIDS Vaccine Initiative.
       USAID should expand support for volunteers who work with 
     orphans and vulnerable children in Africa, and funding should 
     be provided for programs that strengthen child welfare and 
     child protection systems, including training of professionals 
     for these purposes. USAID and OGAC should continue to support 
     HIV-related media prevention programs in Africa and Asia, 
     including India.
       USAID is directed to consider establishing a pilot 
     demographic program that would award competitive fellowships 
     to United States-trained demographers from developing 
     countries.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                Global Health And Child Survival Programs
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Program/Activity                        Authority
------------------------------------------------------------------------
Child Survival and Maternal Health (USAID):................      761,000
    Polio (non-add)........................................     [33,000]
    The GAVI Alliance (non-add)............................    [105,000]
    Nutrition (non-add)....................................    [100,000]
    Micronutrients (non-add)...............................     [33,000]
    Vitamin A (non-add)....................................     [23,000]
    Iodine Deficiency Disorder (non-add)...................      [2,000]
Vulnerable Children (USAID):...............................       15,000
    Blind Children (non-add)...............................      [2,000]
HIV/AIDS (USAID): 350,000..................................
    Microbicides (non-add).................................     [45,000]
HIV/AIDS (Department of State):............................    5,500,000
    Global Fund (non-add)..................................    [825,000]
    UNAIDS (non-add).......................................     [45,000]
    Microbicides (non-add).................................      [6,000]
Family Planning/Reproductive Health (USAID)................      585,000
Other Infectious Diseases (USAID):.........................    1,011,000
    Pandemic Preparedness (non-add)........................     [71,000]
    Malaria (non-add)......................................    [615,000]
    Tuberculosis (non-add).................................    [235,000]
    Global TB Drug Facility (non-add)......................     [15,000]
    Neglected Tropical Diseases (non-add)..................     [90,000]
------------------------------------------------------------------------
        Total, Global Health and Child Survival............    8,222,000
    Strategic Reserve Fund, OGAC...........................     [50,000]
    Strategic Reserve Fund, USAID..........................     [50,000]
------------------------------------------------------------------------

                         development assistance

       The bill provides $2,767,700,000 for Development Assistance 
     (DA).
       USAID is directed to implement agricultural development and 
     food security programs, including the Feed the Future 
     initiative, as specified in Senate Report 111-237. USAID is 
     further directed to ensure that monitoring and evaluation are 
     critical components of Feed the Future and baseline data is 
     collected in order to measure the impact of United States-
     funded programs. USAID is further directed to consult with 
     the Committees on Appropriations prior to making a 
     determination to transfer funds to any other United States 
     Government agency, and shall present the rationale for such 
     funding transfer.
       USAID is directed to expand its support for wheat stem rust 
     research.
       The bill provides a total of $1,476,550,000 for climate 
     change and environment programs, including $792,800,000 for 
     bilateral programs administered by USAID and the Department 
     of State, and $683,750,000 for contributions to multilateral 
     mechanisms, including the Global Environment Facility, the 
     Clean Technology Fund and the Strategic Climate Fund. The 
     Committees intend these funds to be used to support and 
     promote non-fossil renewable energy technologies, end-use 
     energy efficiency technologies, carbon sequestration, and 
     carbon accounting; to support adaptation programs in 
     countries threatened by climate change; and to protect 
     sustainable landscapes and biodiversity, including tropical 
     forests, marine ecosystems, and wildlife. The Committees 
     intend sustainable landscapes and biodiversity programs to be 
     used to strengthen the capacity of local governments to 
     protect and sustainably manage natural resources; 
     substantially increase and effectively manage protected areas 
     and contiguous buffer zones; include meaningful participation 
     by, and respect for the rights of, indigenous peoples and 
     local communities and increase their land use and tenure 
     security; and strengthen law enforcement, including the role 
     of civil society in monitoring and oversight, to prevent 
     illegal logging and other causes of deforestation and forest 
     degradation. The bill provides $20,000,000 for conservation 
     programs in the Brazilian Amazon and $15,000,000 for such 
     programs in the Andean Amazon, of which $10,000,000 is for 
     strengthening the capacity of indigenous organizations to 
     protect the biodiversity of their territories. The bill 
     provides $21,000,000 for the Congo Basin Forest Partnership, 
     of which USAID is directed to provide not less than 
     $9,000,000 to the United States Fish and Wildlife Service 
     (USFWS) for its programs in central Africa, including to 
     protect great apes.

                     Climate Change and Environment
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Program/Activity                        Authority
------------------------------------------------------------------------
USAID Biodiversity programs................................      215,000
    Brazilian Amazon (non-add).............................     [20,000]
    Andean Amazon (non-add)................................     [15,000]
    Indigenous capacity building (non-add).................     [10,000]
          Congo Basin Forest Partnership (non-add)              [21,000]
    of which for USFWS programs in central Africa (non-add)      [9,000]
USAID Climate Change programs..............................      390,000
    Adaptation.............................................      145,000
    Clean Energy...........................................      120,000
    Sustainable Landscapes.................................      125,000
Department of State Climate Change programs................      129,300
    Least Developed Countries Fund (non-add)...............     [45,000]
    Special Climate Change Fund (non-add)..................     [25,000]
    Western Hemisphere climate change......................     [10,000]
Global Environment Facility................................      143,750
Clean Technology Fund......................................      315,000
Strategic Climate Fund.....................................      205,000
United Nations climate change programs.....................       58,500
Tropical Forest Conservation Act...........................       20,000
        TOTAL, Climate Change and Environment..............    1,476,550
    Subtotal, State/USAID..................................      792,800
    Subtotal, Treasury.....................................      683,750
------------------------------------------------------------------------

       USAID is directed to provide $10,000,000 for microfinance 
     solar energy programs and to continue to consult with the 
     Committees on Appropriations on implementation of these 
     programs.
       USAID is directed to implement microfinance and 
     microenterprise programs, as specified in Senate Report 111-
     237. USAID is directed to develop a strategy to ensure that 
     implementing organizations are providing fair interest rates 
     to borrowers.
       USAID is directed to expand programs that address property 
     rights, and land tenure issues, taking into special 
     consideration gender issues.
       USAID is directed to implement the American Schools and 
     Hospitals Abroad program, as specified in Senate Report 111-
     237.
       USAID is directed to integrate schools and educational 
     programs, as appropriate, in health and development programs 
     in order to continue to implement the ``Communities of 
     Learning'' model and to consult with the Committees on 
     Appropriations on a regular basis on these efforts. USAID is 
     directed to increase its attention to the quality of 
     education provided through United States-funded efforts and 
     to prioritize measurement of early grades reading skills, 
     including evidence-based instructional approaches, support 
     for ministries in developing countries, high quality 
     curricula, teaching and learning programs, and the systematic 
     measurement of reading gains made by children in USAID-
     supported schools. Results of these assessments should be 
     used to direct changes to existing programs, expand access to 
     these tools in countries that are currently not measuring 
     quality, and to begin development of math measurement tools. 
     Section 7062 of the bill provides that funding under the DA 
     and ESF headings can be used to support transitional 
     education programs in humanitarian and other emergency 
     situations.
       Progress has been made in the past year to strengthen and 
     streamline the World Bank's Education for All Fast Track 
     Initiative (FTI). The bill provides not less than $25,000,000 
     for the FTI in fiscal year 2011. USAID should continue its 
     leadership role on the Executive Board and continue to 
     provide assistance in the area of monitoring and evaluation. 
     Basic education funding should be used to support 
     implementation of reforms to develop a performance-based 
     financing system based on mutual accountability between 
     donors and recipients for achieving measurable results in 
     access and quality; further expand civil society 
     participation in governance; and build the FTI's capacity to 
     act as a supervising entity to independently manage, 
     disburse, and monitor the FTI's fund, with the World Bank 
     moving to a financial intermediary role.
       USAID shall follow the funding directives related to higher 
     education programs, as specified in Senate Report 111-237.
       USAID shall follow the directive related to child marriage 
     programs, as specified in Senate Report 111-237.
       USAID is directed to provide the report to the Committees 
     on Appropriations on women's economic opportunities, as 
     specified in House Report 111-187.
       USAID and the Department of State are directed to continue 
     to support programs that protect the rights of workers from 
     inhumane working conditions and unfair wages. Such programs 
     should be supported centrally through funding for labor 
     programs under the Democracy Fund, and they should be made a 
     priority in country programs in Mexico, Haiti, Sri Lanka, 
     Bangladesh, Indonesia, the Philippines, Vietnam, Pakistan and 
     Iraq.
       USAID is directed to implement the victims of torture 
     program, as specified in Senate Report 111-237.
       USAID and the Department of State are directed to provide 
     the report on the prevention and response to gender-based 
     violence, as specified in Senate Report 111-237.
       USAID is directed to implement the safe water and 
     sanitation program, as specified in Senate Report 111-237. 
     USAID is directed to collaborate with United States small 
     businesses specializing in developing country water 
     purification, desalination and pumping stations powered with 
     renewable energy technologies to ascertain critical 
     countries, market sectors, financing/grant leveraging from 
     the private sector and other Federal financing and export 
     assistance programs, including those of multinational lending 
     institutions, philanthropic and service organizations serving 
     developing countries. In addition, USAID should make funding 
     available for developing countries hit hardest by natural and 
     human-caused disasters, and these funds should be directed 
     toward projects using renewable energy powered water 
     applications.
       USAID is directed to implement university programs, as 
     specified in Senate Report 111-237 and in House Report 111-
     187, and provide the requested report.
       USAID is encouraged to implement Volunteers for Prosperity 
     in a timely manner.
       The bill provides $22,500,000 for women's leadership 
     capacity building, of which $5,000,000 shall be implemented 
     jointly by the Office of Global Women's Issues at the 
     Department of State and overseas mission personnel. These 
     funds should support projects that promote women's political, 
     economic and social advancement in developing countries. 
     Project proposals should not exceed $200,000 and should 
     support activities such as education, political empowerment, 
     food security, climate change, gender-based violence, 
     economic opportunity and entrepreneurship, property rights, 
     and legal reform.
       USAID and the Department of State shall follow the 
     directive related to natural resource transparency in the 
     allocation of extraction licenses and contracts, and the use 
     of revenues; and to include benchmarks for effective natural 
     resource management, transparency and accountability, as 
     specified in Senate Report 111-237. USAID should ensure that 
     funds are available for such programs in Liberia, Sierra 
     Leone, Ghana, Angola, Nigeria, Cte d'Ivoire, and for the 
     countries participating in the Congo Basin Forest 
     Partnership.
       USAID shall follow the directives related to Angola, South 
     Africa, and Zimbabwe in Senate Report 111-237.
       USAID is directed to support programs in Ethiopia, above 
     the requested funding level, that strengthen rule of law and 
     governance, including programs that promote political 
     expression and association, media freedom, and human rights, 
     especially through civil society strengthening.
       USAID is directed to support programs in Ghana, above the 
     requested funding level, that strengthen rule of law and 
     increase government accountability as it relates to oil and 
     other natural resources.
       USAID is directed to support programs in Rwanda, above the 
     requested funding level, that support political expression 
     and association, media freedom, and human rights, including 
     through civil society strengthening.
       USAID is directed to provide $1,500,000 to the Department 
     of the Interior for biodiversity and archeological 
     conservation, governance and law enforcement programs in 
     Guatemala, as specified in Senate Report 111-237. In 
     addition, the Secretary of State is directed to report not 
     later than 120 days after enactment of this Act on the role 
     that United States assistance plays in addressing the needs 
     of Guatemalan women and girls who have been the victims of 
     violence.
       USAID and the Department of State are directed to continue 
     to prioritize programs in northern Uganda related to 
     transitional justice and reconciliation. In addition, the 
     Department of State is directed to provide election 
     monitoring reports, as specified in Senate Report 111-237.
       USAID shall follow the directive related to funding for 
     rainwater collection or other access to potable water for 
     rural Ecuadorians affected by oil contamination, as specified 
     in Senate Report 111-237. USAID is further directed to assist 
     the Government of Ecuador regarding best practices for 
     remediation and to work with the Ministry of Health in 
     providing diagnosis and treatment for illnesses resulting 
     from oil contamination.
       The Department of State and USAID should consider proposals 
     from the following organizations, in addition to those listed 
     under the Proposals heading in Senate Report 111-237, which 
     shall be considered in full and open competition, and in 
     accordance with all applicable rules and regulations: Texas 
     A&M University; Borlaug Global Rust Initiative; Esperanza; 
     Florida Association for Volunteer Action in the Caribbean and 
     Americas; Sanctuary of Moses Villages; Alfalit; OneWorld 
     2011; Population Media Center; Scholarships for Education and 
     Economic Development; Empower Peace Foundation; Raphael 
     Lemkin Center; University of Massachusetts-Boston Forum for 
     Cities in Transition from Conflict; Millennium Water 
     Alliance; Center for Victims of Torture; Women's Campaign 
     International; and Leitner Center for International Law and 
     Justice at Fordham Law School.
       The Department of State and USAID should consider proposals 
     from the following institutions, among others, including 
     those listed under the University Programs heading in Senate 
     Report 111-237, which shall be considered in full and open 
     competition, and in accordance with all applicable rules and 
     regulations: Marquette University; University of Kentucky; 
     Monterrey Institute for International Studies; Daystar 
     University; and Monmouth University.
       USAID should consider proposals from the following 
     institutions, among others, including those listed under the 
     American Schools and Hospitals Abroad Program heading in 
     Senate Report 111-237, which shall be considered in full and 
     open competition, and in accordance with all applicable rules 
     and regulations: American University of Armenia and Ashdod 
     Emergency Medical Center.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                         DEVELOPMENT ASSISTANCE
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Country/Program                         Authority
------------------------------------------------------------------------
Africa:
    Kenya..................................................       86,191
    Senegal................................................       75,150
        Tribunal (non-add).................................      [2,000]
    South Africa...........................................       20,000
        Teacher training (non-add).........................      [5,000]
    Uganda.................................................       75,000
        Programs in northern Uganda (non-add)..............     [10,000]
East Asia and the Pacific:
    China..................................................       15,000
    Indonesia..............................................      142,886
        Human rights programs (non-add)....................        [500]
        United States Forest Service (USFS) REDD programs          [500]
         (non-add).........................................
    Philippines............................................       35,000
    Thailand...............................................        6,151
    Timor-Leste............................................       20,200
    Vietnam................................................       25,000
South and Central Asia:
Nepal......................................................        6,200
        Nepalese environmental organizations (non-add).....        [200]
Western Hemisphere:
    Ecuador................................................       28,000
        Rainwater collection programs (non-add)............        [500]
    El Salvador............................................       27,000
        Salvadoran National Police Inspector General (non-         [200]
         add)..............................................
    Guatemala..............................................       48,000
        Department of the Interior conservation programs         [1,500]
         (non-add).........................................
    Mexico.................................................       10,000
    Peru...................................................       68,000
        Trade capacity building programs...................     [16,000]
Global Programs:
    Development Grants program.............................       45,000
    Reconciliation Programs................................       11,000
    Trade Capacity Building--Central America...............       10,000
------------------------------------------------------------------------

                         ECONOMIC SUPPORT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $6,787,589,000 for Economic Support Fund.
       The Department of State and USAID shall follow the 
     directives related to assistance for the demilitarization of 
     the mining sector in the DRC, as specified in Senate Report 
     111-237, including the report on the Administration's efforts 
     to work with the UN Security Council DRC Sanctions Committee. 
     In addition, the Department of State and USAID are directed 
     to consult with the Committees on Appropriations not later 
     than 45 days after enactment of this Act on implementation of 
     a strategy on mineral exploitation and gender-based violence.
       The Committees on Appropriations direct the Secretary of 
     State, in consultation with the Secretary of Defense, to 
     begin initiation of programs outlined in the comprehensive 
     strategy required under the Lord's Resistance Army and 
     Northern Uganda Recovery Act of 2009 (Public Law 111-172).
       The Department of State and USAID shall follow the 
     directives related to governance and transparency in the 
     management of natural resources in Liberia, including the 
     participation of civil society, as specified in Senate Report 
     111-237. In addition, USAID should support efforts to 
     increase access to electricity and to strengthen other key 
     transportation infrastructure.
       USAID should support programs that seek to consolidate and 
     build upon areas of relative stability in Somalia, including 
     in Somaliland and Puntland through programs that support 
     economic growth; address youth idleness and underemployment; 
     and foster community-based peace-building and conflict 
     mitigation.
       USAID and the Department of State are directed to continue 
     programs in Sudan that implement the Comprehensive Peace 
     Agreement, support the January 2011 referendum, and continue 
     efforts to assist civilians in Darfur. All United 
     States Government efforts, including those of CSI and the 
     Special Envoy to Sudan, should be coordinated and should be 
     complementary to efforts undertaken by multilateral 
     organizations. The Secretary of State and the 
     Special Envoy shall provide a joint summary report on the 
     steps that the League of Arab States (Arab League) and its 
     member nations, and the Government of the People's Republic 
     of China (PRC) have taken to help bring an end to the 
     conflict and restore stability and peace to southern Sudan, 
     including a description of the Administration's efforts to 
     engage the Arab League and the PRC to help resolve the 
     conflict in Darfur.
       The Department of State and USAID are directed to consult 
     with the Committees on Appropriations prior to expanding 
     programs in Zimbabwe, as provided for in section 7067(h).
       Assistance for Cyprus shall support measures aimed at the 
     reunification of the island. The Department of State shall 
     provide a report to the Committees on Appropriations on the 
     uses of funds for programs in Cyprus not later than 90 days 
     after enactment of this Act. The Department of State and 
     USAID shall follow the directives related to Cyprus in Senate 
     Report 111-237.
       USAID and the Department of State are directed to work with 
     the Government of Egypt to identify and support programs 
     which foster greater economic and educational opportunities 
     for Egyptians, enhance political participation, and 
     strengthen regional cooperation between Egypt and its 
     neighbors. The bill does not include language related to cash 
     transfer assistance due to the expiration of the memorandum 
     of understanding on assistance. However, assistance should be 
     provided in a manner that supports the efforts of the 
     Government of Egypt to undertake significant economic and 
     democratic reforms that are in addition to those which were 
     undertaken in previous fiscal years, including making efforts 
     to respect due process and the rights of its citizens to 
     peaceful expression and association. In addition, USAID shall 
     ensure that funding for scholarships is for Egyptian students 
     with high financial need at educational institutions in Egypt 
     that meet standards similar to those required for American 
     accreditation.
       Of the funding made available under this heading for Iraq, 
     the Department of State should support programs for ethno-
     religious minorities, including through assistance for 
     displaced and refugee populations and for such populations in 
     the Nineveh Plains region. Further, the Department of State 
     is directed to report in writing, not later than 45 days 
     after enactment of this Act, on the planned use of these 
     funds. Of the assistance provided for Iraq and the Middle 
     East Partnership Initiative (MEPI), USAID is directed to 
     provide up to $10,000,000 to support Iraqi women's democracy 
     initiatives. The Department of State and USAID shall follow 
     directives related to Iraq in Senate Report 111-237.
       USAID shall ensure that funding for scholarships is used 
     for students in Lebanon with high financial need at 
     educational institutions in Lebanon that meet standards 
     similar to those required for American accreditation.
       The Department of State shall follow the directives in 
     Senate Report 111-237 related to scholarship programs managed 
     by MEPI. The Department of State is directed to consult with 
     the Committees on Appropriations regarding the strategy to 
     promote tolerance and combat incitement as required in 
     section 7041(c), including the programs that will be 
     established to support the goals of such strategy.
       Of the funds provided for West Bank and Gaza, not more than 
     $200,000,000 is for cash transfer assistance. The 
     Secretary of State, in consultation with the USAID 
     Administrator, is directed to report on measures undertaken 
     to ensure appropriate oversight of United States assistance 
     programs in Gaza as well as the delivery of humanitarian and 
     reconstruction assistance. Such report should 
     identify parties and activities that impede the provision of 
     such assistance, to include any organization designated as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act. The Secretary of 
     State is further directed to facilitate a meeting between the 
     relevant Israeli authorities and interested parties to 
     discuss the matter surrounding the injury sustained by 
     Tristan Anderson, an American citizen from Oakland, 
     California, on March 13, 2009, in the West Bank village of 
     Nilin. The Department of State is also directed to 
     conduct thorough and transparent investigations of each case 
     involving the death or serious injury of an American citizen 
     in the West Bank and Gaza since 2001 and provide the reports 
     detailing actions taken to investigate American citizen 
     casualties in the West Bank and Gaza, as specified in Senate 
     Report 111-237. The Department of State is directed to update 
     the report required in the explanatory statement accompanying 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2010 (division F of Public Law 
     111-117) on international participation in the economic 
     development of the West Bank and the Palestinian Authority.
       The Secretary of State is directed to provide a 
     comprehensive spend plan on assistance for Yemen prior to 
     obligation of funds and should condition assistance for the 
     Government of Yemen in order to obtain its full support on 
     shared objectives, to ensure program effectiveness and reduce 
     corruption.
       The Department of State and USAID, in consultation with the 
     Department of State's Ambassador-at-Large for Global Women's 
     Issues, are directed to provide not less than $175,000,000 to 
     address the needs and protect the rights of Afghan women and 
     girls, including for the Afghan Independent Human Rights 
     Commission and the Afghan Ministry of Women's Affairs. Such 
     assistance should be tied to measurable target indicators of 
     progress in line with the United States Government's Afghan 
     Women and Girls assistance strategy and the National Action 
     Plan for Women of Afghanistan, and shall include a focus on 
     multi-sectoral small grants and capacity building of Afghan 
     women-led NGOs. Assistance provided should be 
     tracked and monitored using gender equality indicators and, 
     to the extent practicable, emphasize capacity building and 
     sustainability. In addition, USAID shall ensure that 
     funds are provided for literacy programs for women and girls.
       The Department of State is directed to provide the report 
     related to ammonium nitrate proliferation in Afghanistan, as 
     specified in Senate Report 111-237.
       The Department of State and USAID are directed to provide 
     not less than $225,000,000 for the National Solidarity 
     Program in Afghanistan. The Administration has indicated that 
     additional government-to-government assistance will be 
     provided for Afghanistan and the Department of State is 
     directed to ensure that all appropriate precautions are taken 
     to protect United States taxpayer funds. The National 
     Solidarity Program may be a recipient of such funds if 
     appropriate audit and financial controls are in place.
       USAID is directed to use the Office of Transition 
     Initiatives to the maximum extent practicable in areas 
     impacted by conflict or prone to conflict in Pakistan and 
     should expand programs that support the development of 
     independent media and promote democracy and human rights. In 
     addition, USAID is directed to consult with the Committees on 
     Appropriations prior to the obligation of funds for the 
     Pakistan Civilian Assistance Program, which shall be used to 
     assist civilians who have suffered losses as a result of 
     military operations. The Department of State is directed to 
     continue efforts to work with the Government of Pakistan to 
     expand the licit tax base in Pakistan in order to ensure 
     sustainability of its programs.
       The Department of State is encouraged to provide support 
     for the implementation of the United States-Colombia Action 
     Plan on Racial and Ethnic Equality and the United States-
     Brazil Joint Action Plan on Racial and Ethnic Equality.
       Funding transferred to the Migration and Refugee Assistance 
     account shall be for emergency relief through international 
     and indigenous NGOs for Colombian refugees in neighboring 
     countries. USAID shall ensure that funds provided for Afro-
     Colombian and indigenous communities are programmed in 
     consultation with these communities.
       The Department of State and USAID shall follow the 
     directives related to Haiti, as specified in Senate Report 
     111-237, and provide $25,000,000 for bilateral basic 
     education programs that support the Government of Haiti's 
     basic education plan, which is being coordinated through the 
     Inter-American Development Bank. Funds to support 
     Haiti's education sector should only be made available to the 
     extent that the Secretary of State reports to the Committees 
     on Appropriations that such funds are matched by other donor 
     contributions. In addition, USAID should consider 
     supporting a center for victims of trauma in Haiti.
       The Department of State shall follow the directive related 
     to funding for the Salvadoran National Police Inspector 
     General's Office, as specified in Senate Report 111-237.
       The Secretary of State is directed to provide a report not 
     later than 90 days after enactment of this Act on how 
     programs funded under this heading and the DA heading related 
     to the Merida Initiative are achieving judicial and law 
     enforcement reforms in Mexico.
       The Department of State and USAID shall follow the 
     directives related to Burma, as specified in Senate Report 
     111-237. USAID and the Department of State are directed to 
     fulfill the programming requirements on the Thai-Burma border 
     and consider expansion of such programs to the Burma-India, 
     Burma-China, and Burma-Bangladesh borders.
       The Department of State and USAID shall follow the 
     directives related to Cambodia, Nepal, Thailand, and the 
     Philippines, as specified in Senate Report 111-237.
       USAID should support capacity-building programs in 
     Cambodia, above the requested funding level, that promote 
     good governance and accountability in the management of 
     timber and other natural resources, and should include a 
     credible and comprehensive review of existing natural 
     resource concessions and technical assistance to establish 
     procedures to ensure transparency in the allocation and 
     ownership of future concessions, as specified in Senate 
     Report 111-237.
       The Department of State and USAID shall follow the 
     directives related to Tibet, as specified in Senate Report 
     111-237. The Special Coordinator for Tibetan Issues should 
     play an active role in the allocation of funds for programs 
     and activities in Tibet, as authorized by Public Law 107-223. 
     USAID should consider expanding its Tibetan program by 
     assisting in long-term earthquake recovery in the Yushu 
     region.
       The Department of State and USAID shall follow the 
     directives related to environmental remediation of dioxin-
     contaminated sites and related health/disability activities 
     in Vietnam, as specified in Senate Report 111-237.
       The Department of State is directed to continue the 
     Civilian Science Research Initiative through programs that 
     engage scientists in the establishment of new international 
     cooperative research and development partnerships that 
     provide former weapons scientists with the opportunity to 
     participate in scientific research with their civilian 
     counterparts and to develop skills relevant for sustained 
     civilian employment.
       The Department of State and USAID are directed to expand 
     programs that promote transparency, accountability, and civil 
     society participation related to the allocation of licenses 
     and contracts for natural resources. USAID and the Department 
     of State shall follow the directive related to natural 
     resources transparency and the Kimberley Process, as 
     specified in Senate Report 111-237.
       The Department of State and USAID shall follow the 
     directives related to the Global Engagement initiative, as 
     specified in Senate Report 111-237. Total funding for the 
     initiative is detailed in the following table:

                      GLOBAL ENGAGEMENT INITIATIVE
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Account                             Authority
------------------------------------------------------------------------
Diplomatic and Consular Programs...........................        3,500
Educational and Cultural Exchange Programs.................       13,500
Economic Support Fund......................................       33,000
                                                            ------------
    TOTAL, Global Engagement initiative....................       50,000
------------------------------------------------------------------------

       The Department of State is directed to ensure that polio 
     vaccination efforts are incorporated into programs in 
     Pakistan and Afghanistan.
       The Department of State, through the Office of Oceans and 
     International Environment and Scientific Affairs (OES), is 
     directed to explore the possibility of the Global Environment 
     Facility (GEF) providing developing countries with the option 
     of nominating a national entity which meets agreed fiduciary 
     standards to receive funding directly from the GEF and to 
     undertake reforms to ensure the timely endorsement of 
     National Adaptation Programme of Action projects. OES is also 
     directed to work with the Forest Carbon Partnership Facility 
     management team to ensure implementation of the World Bank's 
     safeguard policies at all stages of the strategy process, 
     including prior to the disbursement of grants.
       The Secretary of State is directed to consult with other 
     United States Government agencies and refugee assistance 
     organizations, as appropriate, to develop strategies to 
     respond to projected increases in short and long-term 
     displacement of people by climate change-related hazards, 
     such as floods, droughts and desertification causing 
     decreases in agricultural productivity and the availability 
     of water, and rising sea levels, and provide a report to the 
     Committees on Appropriations detailing such strategies not 
     later than 180 days after enactment of this Act.
       The Department of State and USAID shall follow the 
     directives related to Reconciliation Programs, as specified 
     in Senate Report 111-237. USAID is directed to fund as many 
     people-to-people activities as possible and to provide an 
     annual report on the status of applications and funding for 
     programs to the Committees on Appropriations not later than 
     May 1, 2011.
       USAID and the Department of State should ensure that 
     trafficking programs include technical assistance to help 
     countries meet minimum standards to prevent trafficking, 
     prosecute perpetrators, protect victims (including at long-
     term residential rehabilitation facilities, where 
     appropriate), and support research initiatives. The 
     Department of State and USAID should ensure that assistance 
     programs do not increase vulnerability to, or prevalence of, 
     trafficking and slavery. Increased funding is 
     provided for anti-trafficking activities in sub-Saharan 
     Africa. The Department of State and USAID are directed to 
     ensure that programs in India and Cambodia will continue to 
     assist victims of trafficking, rape and other sexual 
     violence, to improve the capacity of government institutions, 
     including the judiciary, law enforcement (as appropriate), 
     and civil society organizations, and to combat human 
     trafficking and violence against women and children. Programs 
     should be put in place to assist Haitian children living in 
     bondage, known as ``restaveks''. Total funding for 
     trafficking in persons programs is detailed in the following 
     table:

                         TRAFFICKING IN PERSONS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Account                             authority
------------------------------------------------------------------------
Diplomatic and Consular Programs--Operations...............        6,410
Development Assistance--Country Programs...................        6,250
Economic Support Fund......................................       14,700
    Office to Combat Trafficking in Persons (non-add)......       12,000
    Country Programs (non-add).............................        2,700
Assistance for Europe, Eurasia and Central Asia............        6,282
International Narcotics Control and Law Enforcement for the        9,400
 Office to Combat Trafficking in Persons...................
                                                            ------------
        Total, Trafficking in Persons......................       43,042
------------------------------------------------------------------------

       The Department of State and USAID shall follow the 
     directives related to wheelchair and disability programs; 
     forensic assistance programs; and the Near East Regional 
     Democracy programs, as specified in Senate Report 111-237.
       The Committees on Appropriations note that continued 
     funding for the International Fund for Ireland is provided 
     under this heading, and intend that this will be the final 
     United States contribution to the Fund.
       The Department of State and USAID should consider proposals 
     from the following organizations, in addition to those listed 
     under the Proposals heading in Senate Report 111-237, which 
     shall be considered in full and open competition, and in 
     accordance with all applicable rules and regulations: 
     University of Massachusetts, Boston; Street Law; Education 
     for Employment Foundation; Hebrew University; Florida 
     Association of Volunteer Action in the Caribbean; The Bridge 
     Fund; CURE International Hospital and Family Health Center in 
     Kabul; Alliance for Middle East Peace (including Seeds of 
     Peace); American Bar Association Rule of Law Initiative; 
     National Center for State Courts; and Cross International.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                          ECONOMIC SUPPORT FUND
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Country/program                         authority
------------------------------------------------------------------------
Africa:
    DRC....................................................       69,000
        Mining sector programs (non-add)...................     [10,000]
    Liberia................................................      140,000
    Sierra Leone...........................................       18,000
        Special Court (non-add)............................      [4,500]
    Somalia................................................       25,818
    Sudan..................................................      270,210
    Zimbabwe...............................................       50,200
        Basic education programs (non-add).................      [5,000]
East Asia and the Pacific:
    Burma..................................................       37,500
    Cambodia...............................................       42,800
    North Korea democracy assistance.......................        3,500
    Philippines............................................       35,000
    Thailand conflict resolution...........................        2,500
    Tibet..................................................        7,500
    Vietnam................................................       15,000
        Environmental remediation of dioxin-contamination       [15,000]
         and related health/disability activities (non-add)
Europe and Eurasia:
    Cyprus.................................................       11,000
    International Fund for Ireland.........................       15,000
Near East:
    Egypt..................................................      250,000
        Democracy, governance, and human rights programs        [20,000]
         (non-add).........................................
        Education programs (non-add).......................     [35,000]
        Scholarships (non-add).............................     [10,000]
    Iraq...................................................      300,000
        Marla Ruzicka Fund (non-add).......................      [5,000]
        Programs for ethno-religious minorities (non-add)..     [20,000]
    Jordan.................................................      360,000
    Lebanon................................................      109,000
        Scholarships (non-add).............................     [12,000]
        USFS (non-add).....................................        [500]
    Tunisia economic development and human rights programs.        2,000
    West Bank and Gaza.....................................      400,400
        Local NGOs operating in the West Bank to strengthen      [3,000]
         civil society and improve social services for the
         Palestinian people (non-add)......................
    Yemen..................................................       37,000
    Near East Regional Democracy...........................       40,000
        Internet freedom (non-add).........................     [10,000]
    MERC and MEM...........................................        5,000
    USAID Middle East Regional for USFS programs in Egypt..          100
    Middle East Partnership Initiative.....................       70,000
        Scholarships (non-add).............................     [11,000]
    TSCTP..................................................        6,000
South and Central Asia:
    Afghanistan............................................    2,100,000
        Afghan Civilian Assistance Program (non-add).......     [20,000]
        National Solidarity Program (non-add)..............    [225,000]
        Programs for women and girls (non-add).............    [175,000]
    Nepal..................................................       35,000
    Pakistan...............................................    1,275,000
        Pakistan Civilian Assistance Program (non-add).....     [10,000]
    Sri Lanka..............................................        5,000
    South and Central Asia Regional........................        4,500
Western Hemisphere:
    Colombia...............................................      195,000
    Cuba...................................................       20,000
    Guatemala..............................................        5,000
    Haiti..................................................      166,281
        Technical assistance for electricity production and      [2,000]
         distribution (non-add)............................
        Basic education programs (non-add).................     [25,000]
    Mexico.................................................       10,000
    Caribbean Basin Security Initiative....................       15,000
Global Programs:
    Disability Programs....................................        5,000
        USAID programs to address the needs of, and protect      [2,500]
         and promote the rights of, people with
         disabilities (non-add)............................
        Support and promote independent living centers (non-     [1,500]
         add)..............................................
        Sports programs (non-add)..........................      [1,000]
    Extractive Industries..................................        5,000
    House Democracy Assistance Commission..................        2,000
    Kimberley Process......................................        3,000
        Support for Vice Chair activities (non-add)........        [500]
    Leahy War Victim Fund..................................       14,000
    Reconciliation Programs................................       16,000
    Title VIII.............................................        5,000
    Trade Capacity Building--Central America...............       10,000
    Wheelchair Programs....................................        5,000
------------------------------------------------------------------------

                             DEMOCRACY FUND

       The bill provides $115,000,000 for Democracy Fund.
       As part of its human rights programming, the Department of 
     State is directed to consider programs that support 
     international religious freedom and promote human rights of 
     vulnerable populations, including in countries where the 
     annual Department of State Human Rights Report has documented 
     human rights violations.
       The Department of State should consider the proposal listed 
     under the Proposal heading in Senate Report 111-237, which 
     shall be considered in full and open competition, and in 
     accordance with all applicable rules and regulations.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                             DEMOCRACY FUND
               [Budget Authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Program/activity                        authority
------------------------------------------------------------------------
    China, Hong Kong, Taiwan...............................       20,000
    Internet access and freedom............................        7,500
    Unallocated............................................       41,000
                                                            ------------
Human Rights and Democracy Fund............................       68,500
    Elections and Political Process Fund...................       30,000
    International Labor Programs...........................        9,000
    Support for Human Rights, Media and Rule of Law........        7,500
                                                            ------------
USAID, DCHA/DG.............................................       46,500
                                                            ------------
        Total, Democracy Fund..............................      115,000
------------------------------------------------------------------------

            ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

       The bill provides $709,000,000 for Assistance for Europe, 
     Eurasia and Central Asia.
       The Department of State should provide up to $8,000,000 to 
     address ongoing humanitarian needs and the plight of victims 
     of the Nagorno-Karabakh conflict, in a manner consistent with 
     prior years.
       The Department of State is directed to provide $8,500,000 
     for the North Caucasus for immediate and long-term needs of 
     conflict-affected populations, as specified in Senate Report 
     111-237, subject to prior consultation with the Committees on 
     Appropriations.
       Of the funds made available for Organization for Security 
     and Cooperation in Europe (OSCE), the Department of State is 
     directed to provide not less than $210,000 to support OSCE's 
     education and police initiatives to combat anti-Semitism in 
     Europe and Eurasia.
       The Department of State and USAID should make assistance 
     available for Roma communities who are experiencing 
     discrimination and violence in some European countries 
     through organizations working to protect Roma and their 
     culture.
       The Department of State shall follow the directives related 
     to the USFS in Russia and Ukraine, as specified in Senate 
     Report 111-237.
       The Committees on Appropriations support negotiations 
     toward a peaceful settlement of the ongoing dispute between 
     Armenia and Azerbaijan over the status of Nagorno-Karabakh 
     and continue to encourage all parties to refrain from threats 
     of violence, the use of inflammatory rhetoric or incitement 
     to the use of force. The Committees on Appropriations note 
     that section 907 of Public Law 102-511 is still in effect and 
     the Secretary of State is directed to provide a report not 
     later than 90 days after enactment of this Act, analyzing the 
     effectiveness of section 907 in furthering a resolution to 
     the conflict that includes recommendations for increasing 
     opportunities for reconciliation between parties.
       The Department of State is directed to provide a report to 
     the Committees on Appropriations related to the extent to 
     which the Government of Serbia is taking steps to end Serbian 
     support of Republika Srpska institutions, as specified in 
     Senate Report 111-237.
       The Department of State and USAID should consider proposals 
     from the following organizations, in addition to those listed 
     under the Proposals heading in Senate Report 111-237, which 
     shall be considered in full and open competition, and in 
     accordance with all applicable rules and regulations: 
     Civilian Research and Development Foundation; American Jewish 
     Joint Distribution Committee; Miramed; and the School of 
     Public Service at the American University in Kosovo.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

             Assistance for Europe, Eurasia and Central Asia
               [BUDGET AUTHORITY IN THOUSANDS OF DOLLARS]
------------------------------------------------------------------------
                                                                Budget
                          Country                             authority
------------------------------------------------------------------------
Central Asia:
    Kazakhstan.............................................       10,400
    Kyrgyz Republic........................................       40,000
    Tajikistan.............................................       40,000
    Turkmenistan...........................................       10,000
    Uzbekistan.............................................        8,250
    Regional--Central Asia.................................        6,700
                                                            ------------
        Subtotal, Central Asia.............................      115,350
Europe and Eurasia:
    Albania................................................       20,000
    Armenia................................................       40,000
    Azerbaijan.............................................       22,120
    Belarus................................................       14,000
    Bosnia and Herzegovina.................................       42,000
    Office of the High Representative (non-add)............      [3,700]
    Georgia................................................       68,000
    Kosovo.................................................       79,000
    Macedonia..............................................       22,000
    Moldova................................................       20,000
    Montenegro.............................................        8,000
    Russia.................................................       58,000
    North Caucasus (non-add)...............................      [8,500]
    Serbia.................................................       48,000
    Ukraine................................................       85,000
    Regional--Europe and Eurasia...........................       67,530
                                                            ============
        Subtotal, Europe and Eurasia.......................      593,650
                                                            ============
Total, Assistance for Europe, Eurasia and Central Asia.....      709,000
------------------------------------------------------------------------

                          Department of State


                    MIGRATION AND REFUGEE ASSISTANCE

       The bill provides $1,685,000,000 for Migration and Refugee 
     Assistance, of which $35,000,000 is provided to respond to 
     small-scale emergency humanitarian requirements of 
     international and NGO partners and not less than $25,000,000 
     is for refugees resettling in Israel.
       The Secretary of State should consider the guidance 
     included under this heading in Senate Report 111-237 
     concerning refugees from countries in Africa (Somalia, Uganda 
     and Eritrea), the Near East (Iraq), the Western Hemisphere 
     (Colombia) and South Asia (Burma and Laos) as allocation and 
     policy decisions are made for fiscal year 2011. The Secretary 
     of State also should work with the Office of the UN High 
     Commissioner for Refugees to develop durable solutions for 
     Zimbabwean refugees.
       Funds are provided to continue assistance for Tibetan 
     refugees in India and Nepal. The Secretary of State should 
     work with the Government of Nepal to address the problem of 
     safe passage for Tibetan refugees, as noted in Senate Report 
     111-237.
       Section 7041(e) continues the accountability report 
     concerning assistance for the UN Relief and Works Agency.


     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

       The bill provides $45,000,000 for United States Emergency 
     Refugee and Migration Assistance Fund (ERMA) and amends the 
     Migration and Refugee Assistance Act of 1962 to authorize the 
     Secretary of State to make the required determination for the 
     release of ERMA funds and to raise the cumulative cap to 
     $200,000,000.

                          Independent Agencies


                              PEACE CORPS

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $425,000,000 for Peace Corps.
       The Peace Corps is directed to provide a report to the 
     Committees on Appropriations not later than 90 days after 
     enactment of this Act on the implementation of the Peace 
     Corps' comprehensive agency assessment, including the 
     rationale for the geographic and sectoral distribution of 
     volunteers and efforts to pilot new, technical programs 
     through an expanded Peace Corps Response Corps, or similar 
     short-term missions.
       The Peace Corps is directed to provide a report to the 
     Committees on Appropriations on the implementation of the 
     Peace Corps Office of Inspector General's recommendations in 
     the Report on Volunteer Safety and Security (IG-10-08-A) not 
     later than 90 days after enactment of this Act.


                    MILLENNIUM CHALLENGE CORPORATION

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $1,105,000,000 for Millennium Challenge 
     Corporation (MCC).
       The MCC is directed to continue to provide the spending 
     plan as specified in the explanatory statement accompanying 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2010 (division F of Public Law 
     111-117).
       The MCC is directed to submit a report to the Committees on 
     Appropriations not later than 90 days after enactment of this 
     Act, which includes an assessment of the current practices, 
     procedures and recommendations related to efforts to monitor 
     and address patterns of corruption in MCC compact countries; 
     and specific actions that the MCC will take to improve these 
     efforts and the processes in place to determine whether the 
     level of corruption warrants suspension or termination of the 
     MCC compact.
       In February 2008, the United States recognized Kosovo as a 
     sovereign and independent state and as such Kosovo should be 
     eligible for consideration of MCC assistance, in accordance 
     with the MCC's regular procedures and operations.
       The Chief Executive Officer of the MCC shall continue to 
     implement funding restrictions for military assistance and 
     training, and reimburse USAID for all expenses incurred, as 
     directed in prior years.
       Section 7085 of this Act provides authority permitting the 
     MCC to support concurrent and subsequent compacts, subject to 
     conditions, and to preserve income classification for certain 
     countries.


                     AFRICAN DEVELOPMENT FOUNDATION

       The bill provides $30,500,000 for African Development 
     Foundation (ADF).
       The ADF has made progress in the past two years in reducing 
     overhead expenses and prioritizing program spending. ADF 
     should consider further organizational restructuring, 
     consolidation of administrative services with similar 
     organizations, purchase of services within the United States 
     Government, and, where appropriate, selective outsourcing. 
     The President of ADF shall report to the Committees on 
     Appropriations not later than 90 days after enactment of this 
     Act on the actions ADF will take in fiscal year 2011 to 
     further reduce administrative costs, as specified in Senate 
     Report 111-237.

                       Department of the Treasury


                           DEBT RESTRUCTURING

       The bill provides $56,000,000 for Debt Restructuring, of 
     which up to $36,000,000 may be used for debt relief for 
     Haiti, and not less than $20,000,000 is to support 
     implementation of the Tropical Forest Conservation Act.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $1,590,000,000 for International 
     Narcotics Control and Law Enforcement. The Secretary of State 
     is directed to notify in writing and provide justification to 
     the Committees on Appropriations within 5 days of exercising 
     ``notwithstanding'' authority under this heading.
       The Department of State is directed to ensure that all 
     training of foreign security forces funded under this heading 
     shall include a comprehensive human rights component and that 
     all United States laws regarding human rights, including 
     section 620M of the Foreign Assistance Act of 1961, as 
     amended by this Act, are consistently applied to assistance 
     funded under this heading.
       The Department of State shall follow the directive related 
     to funding and a multi-year plan for the continued operation 
     of the International Law Enforcement Academy (ILEA) at 
     Roswell, New Mexico, as specified in Senate Report 111-237. 
     The ILEAs shall incorporate gender-based violence training 
     into its programs, as appropriate.
       The Secretary of State is directed to submit a report not 
     later than 180 days after enactment of this Act, briefly 
     describing, on a country-by-country basis, justice reform, 
     rule of law, and police training programs to be funded by the 
     Department of State and other Federal agencies abroad in 
     fiscal year 2011, including the objectives and intended 
     results of such programs; the extent to which such programs 
     are coordinated with country strategies established by USAID 
     and the Department of State, and those of multilateral 
     donors, as appropriate; the mechanisms for monitoring such 
     funds; and the metrics for measuring progress in achieving 
     results.
       The Department of State is directed to report to the 
     Committees on Appropriations not later than 45 days after 
     enactment of this Act on the proposed uses of funding for 
     Colombia's judicial agencies, including activities to be 
     supported, how the assistance program is designed and the 
     benchmarks that have been established to meet the stated 
     goals.
       The Department of State shall follow the directive related 
     to the Office of the Ombudsman Delegate for the Rights of 
     Children, Youth, and Women in Colombia, as specified in 
     Senate Report 111-237.
       The Department of State is directed to provide forensic 
     equipment and training to states and localities in Mexico 
     that have the highest rate of homicide and other violent 
     crime to ensure local law enforcement agencies have the 
     necessary tools to solve and prosecute these cases. 
     Additionally, the Department of State shall follow the 
     directives related to the interoperability of law enforcement 
     communications equipment and technology, as specified in 
     Senate Report 111-237.
       The Department of State is directed that unless otherwise 
     noted, funding for global programs under this heading shall 
     be presumed to be at the request level.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

           INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Country/Program                         Authority
------------------------------------------------------------------------
Afghanistan................................................      375,000
Bolivia....................................................       14,000
Colombia...................................................      196,500
Guatemala..................................................        4,000
    CICIG (non-add)........................................      [4,000]
Haiti......................................................       15,249
Indonesia..................................................       11,570
Iraq.......................................................      162,000
Lebanon....................................................       30,000
Liberia....................................................       17,000
Mexico.....................................................      100,000
Nepal......................................................        4,000
Pakistan...................................................      120,000
Paraguay...................................................        1,000
Peru.......................................................       37,000
Sudan......................................................       32,000
Yemen......................................................       11,000
Central America Regional Security Initiative (CARSI)              57,056
 (Western Hemisphere Regional).............................
Caribbean Basin Security Initiative (CBSI).................       22,500
Combating Copyright Piracy.................................        5,000
International Law Enforcement Academies....................       37,200
    Roswell, New Mexico (non-add)..........................      [5,000]
Office to Monitor and Combat Trafficking in Persons........        9,400
Unallocated................................................      328,525
                                                            ------------
        Total, International Narcotics Control and Law         1,590,000
         Enforcement.......................................
------------------------------------------------------------------------

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The bill provides $740,000,000 for Nonproliferation, Anti-
     terrorism, Demining and Related Programs. The Secretary of 
     State is directed to notify in writing and provide 
     justification to the Committees on Appropriations within 5 
     days of exercising ``notwithstanding'' authority under this 
     heading.
       The bill does not include requested authorization language 
     and funding regarding a new ``Countering Violent Extremism'' 
     program/account. The Committees on Appropriations provide 
     funding for these programs under ESF.
       The bill provides not less than $7,000,000 for the removal 
     of cluster munitions and other unexploded ordnance in Laos 
     and not less than $3,500,000 for humanitarian demining 
     activities in Vietnam. The Department of State shall follow 
     the directive related to international demining in Senate 
     Report 111-237.
       The Department of State is directed to provide a report, as 
     specified in Senate Report 111-237, describing the 
     circumstances known to the Secretary that led to the release 
     of convicted Lockerbie bomber Abdelbaset Ali Mohmend al-
     Megrahi from a Scottish prison.
       Funds in this account are allocated according to the 
     following table, and are subject to the provisions of section 
     7019 of this Act:

     NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Programs                            Authority
------------------------------------------------------------------------
Nonproliferation Programs
    1Nonproliferation and Disarmament Fund.................       57,000
    Export Control and Related Border Security Assistance..       61,520
    Global Threat Reduction................................       71,000
      Biosecurity Engagement Program (non-add).............     [37,000]
    1IAEA Voluntary Contribution...........................       79,500
    CTBT International Monitoring System...................       33,000
    1Weapons of Mass Destruction Terrorism.................        2,000
    UN Security Council Resolution 1540 Trust Fund.........        3,000
    CTBTO Preparatory Commission--Special Contributions....        7,767
                                                            ------------
        Subtotal--Nonproliferation Programs................      314,787
Anti-Terrorism Programs
    Anti-terrorism Assistance..............................      205,103
    Terrorist Interdiction Program.........................       43,050
    CT Engagement with Allies..............................       10,000
    Counterterrorism Financing.............................       20,950
    Countering Violent Extremism...........................            0
                                                            ------------
        Subtotal--Anti-Terrorism Programs..................      279,103
Regional Stability & Humanitarian Assistance
    Conventional Weapons Destruction.......................      139,110
      Humanitarian Demining Program (non-add)..............     [79,610]
      Small Arms/Light Weapons Destruction (non-add).......     [59,500]
                                                            ------------
    International Trust Fund...............................        7,000
                                                            ------------
        Subtotal--Regional Stability & Humanitarian              146,110
         Assistance........................................
                                                            ============
          Total, Nonproliferation, Anti-terrorism,               740,000
           Demining, and Related Programs..................
------------------------------------------------------------------------

                        PEACEKEEPING OPERATIONS

       The bill provides $305,000,000 for Peacekeeping Operations.
       The Committees on Appropriations support the efforts of the 
     Multinational Force and Observers mission in the Sinai, and 
     endorse continued funding for force protection efforts.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                         PEACEKEEPING OPERATIONS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Country/Program                         Authority
------------------------------------------------------------------------
Africa
    DRC....................................................       22,000
    Liberia................................................        5,000
    Somalia................................................        5,000
    AMISOM (UNSOA)\1\--Assessed peacekeeping costs.........       55,918
    Sudan..................................................       42,000
    Trans-Sahara Counter-terrorism Program.................       20,000
    Africa Regional........................................       15,600
      East Africa Regional Strategic Initiative (EARSI)....     [10,000]
      Africa Conflict Stabilization and Border Security....      [5,600]
    Unallocated............................................       20,000
                                                            ------------
        Subtotal--Africa...................................      185,518
Global
    Global Peace Operations Initiative.....................       93,482
    Multinational Force and Observers......................       26,000
                                                            ============
        Subtotal--Global...................................      119,482
                                                            ------------
          Total, Peacekeeping Operations...................     305,000
------------------------------------------------------------------------
\1\Requested within Contributions for International Peacekeeping
  Activities account.

                  Funds Appropriated to the President


             INTERNATIONAL MILITARY EDUCATION AND TRAINING

       The bill provides $107,000,000 for International Military 
     Education and Training (IMET), of which $3,500,000 is 
     available until expended. The bill includes a general 
     provision (section 7067(a)(1)) that provides that assistance 
     for Angola, Cameroon, Central African Republic, Chad, Cote 
     d'Ivoire, Guinea and Zimbabwe may be made available only for 
     training related to international peacekeeping operations and 
     expanded international military education and training (E-
     IMET). The bill prohibits funding for Equatorial Guinea and 
     Somalia, and funding for the Krygyz Republic is restricted to 
     E-IMET only.
       The Department of State is directed that unless otherwise 
     indicated in the table, funding for countries under this 
     heading shall be presumed to be at the request level.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

              INTERNATIONAL MILITARY EDUCATION AND TRAINING
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Country/Program                         Authority
------------------------------------------------------------------------
Armenia....................................................          450
Azerbaijan.................................................          450
Colombia...................................................        1,695
East Asia and Pacific Regional.............................          230
Egypt......................................................        1,400
Equatorial Guinea..........................................            0
Guatemala..................................................          825
Haiti......................................................          220
Kyrgyz Republic (E-IMET only)..............................          500
Mexico.....................................................        1,100
Pakistan...................................................        4,100
Somalia....................................................            0
Sudan......................................................          225
Tunisia....................................................        1,325
Turkey.....................................................        4,500
Vietnam....................................................          450
IMET Administrative Costs..................................        5,120
------------------------------------------------------------------------

                   FOREIGN MILITARY FINANCING PROGRAM

       The bill provides $5,440,000,000 for Foreign Military 
     Financing Program (FMF).
       The Committees on Appropriations recognize the challenges 
     facing Guatemala from narcotics trafficking, organized crime, 
     and clandestine groups that target social and political 
     activists, provide $1,000,000 for FMF programs for the 
     Guatemalan Navy and Air Force, and permit assistance for the 
     Army Corps of Engineers for limited purposes, while 
     continuing to restrict funding for the Guatemalan Army in a 
     general provision (section 7044(d)(2)) and subject to the 
     conditions specified in Senate Report 111-237.
       Prior to the obligation of funds under this heading for 
     Honduras, the Secretary of State is directed to report to the 
     Committees on Appropriations that the Armed Forces of 
     Honduras have withdrawn from internal policing and other 
     civilian activities.
       The Department of State shall provide the report, as 
     specified in Senate Report 111-237, regarding Morocco.
       The Department of State shall provide the report regarding 
     Sri Lanka, as specified in Senate Report 111-237, to include 
     crimes against humanity, war crimes, and violations of 
     international humanitarian law.
       Section 7068(d)(1) requires the Secretary of State to 
     report to the Committees on Appropriations on Indonesia as 
     specified in Senate Report 111-237, including on the steps 
     taken to guarantee freedom of expression in Papua and the 
     southern Moluccan Islands. Additionally, the Department of 
     State is directed to consult with the Committees on 
     Appropriations prior to any decision to provide training or 
     other assistance to Unit 81 of the Indonesian Special Forces 
     (Kopassus).
       Section 7068(g) withholds from obligation $3,000,000 of 
     funds under this heading for the Philippines, until the 
     Secretary of State provides the report to the Committees on 
     Appropriations, as specified in Senate Report 111-237.
       The Secretary of State is directed to report to the 
     Committees on Appropriations on the events leading up to and 
     surrounding the violent ethnic clashes in Osh, Kyrgyz 
     Republic in June, 2010. The report should include whether 
     there were any attempts to destabilize the government, the 
     parties implicated in such efforts, and the involvement of 
     any factions or units of Kyrgyz Republic Armed Forces. In 
     addition, the Committees on Appropriations direct that 
     pursuant to section 620M of the Foreign Assistance Act of 
     1961, as amended by this Act, assistance may not be provided 
     for any unit of the Kyrgyz Republic Armed Forces if the 
     Secretary of State has credible information that such unit 
     has committed a gross violation of internationally recognized 
     human rights.
       The Committees on Appropriations are concerned with reports 
     of the use of torture by units of the Bahraini Ministry of 
     Interior's Criminal Investigations Directorate and the 
     Bahrain National Security Agency, and the Department of State 
     is directed to consult with the Committees if it intends to 
     provide assistance to such units.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, subject to the 
     provisions of section 7019 of this Act:

                   FOREIGN MILITARY FINANCING PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Country/Program                         Authority
------------------------------------------------------------------------
Armenia....................................................        3,500
Azerbaijan.................................................        3,500
Bahrain....................................................       19,500
Cambodia...................................................          500
Colombia...................................................       44,500
Maritime Interdiction and Riverine Operations (non-add)....     [12,500]
Egypt......................................................    1,300,000
Ethiopia...................................................          843
Georgia....................................................       16,000
Guatemala..................................................        1,000
Haiti......................................................        1,600
Indonesia..................................................       22,000
Israel.....................................................    3,000,000
Jordan.....................................................      300,000
Lebanon....................................................      100,000
Mexico.....................................................        6,000
Morocco....................................................        9,000
Oman.......................................................       13,000
Pakistan...................................................      288,000
Philippines................................................       33,000
Poland.....................................................       42,000
Tunisia....................................................       12,500
Ukraine....................................................       11,000
Yemen......................................................       35,000
Caribbean Basin Security Initiative........................       16,000
FMF Admin Cost.............................................       56,583
Unallocated................................................      104,974
                                                            ------------
    Total..................................................    5,440,000
------------------------------------------------------------------------

               PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $1,000,000,000 for Pakistan 
     Counterinsurgency Capability Fund and continues the 
     provisions contained in the Supplemental Appropriations Act, 
     2009 (Public Law 111--32), which established the account to 
     address the extraordinary security situation in Pakistan and 
     ensure such assistance aligns with United States foreign 
     policy objectives in Pakistan and the broader region. Funding 
     is intended for training and equipping of Pakistan's security 
     forces with a focus on the Army, the Special Services Group, 
     Army Aviation, and the paramilitary Frontier Scouts and 
     supports a long-term partnership with Pakistan to address 
     issues of international terrorism, poverty and development. 
     The Committees on Appropriations are concerned with reports 
     that Pakistani security forces have denied access to 
     humanitarian organizations to internally displaced persons 
     (IDPs) and other vulnerable populations and detainees. 
     Accordingly, the bill includes explicit authority to support 
     training in civil-military humanitarian assistance. The 
     Committees on Appropriations direct that section 620M of the 
     Foreign Assistance Act of 1961, as amended by this Act, shall 
     be applied to assistance for Pakistan in this Act to ensure 
     that it is not misused and that individuals responsible for 
     abuses are appropriately punished.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President


                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

       The bill provides $395,500,000 for International 
     Organizations and Programs.
       The Department of State is directed to consider support to 
     international science facilities in order to foster new 
     scientific discoveries through voluntary contributions to 
     appropriate organizations.
       The Department of State is directed to provide the report 
     related to the Organization of American States, as specified 
     in Senate Report 111-237.
       The Department of State should actively work within the UN 
     system to ensure that countries with records on women's human 
     rights that are consistent with international standards are 
     elected to leadership positions at UN Women--the UN Entity on 
     Gender Equality and the Empowerment of Women.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Programs                            Authority
------------------------------------------------------------------------
Center for Human Settlements...............................        2,100
International Civil Aviation Organization..................          950
International Conservation Programs........................        8,000
International Contributions for Scientific, Educational &          1,000
 Cultural Activities.......................................
International Development Law Organization.................          600
IMO Maritime Security Programs.............................          400
International Panel of Climate Change/UN Framework                13,500
 Convention on Climate Change..............................
Montreal Protocol Multilateral Fund........................       25,500
OAS Development Assistance Programs........................        3,700
OAS Fund for Strengthening Democracy.......................        2,500
UN Capital Development Fund................................        1,000
UN Children's Fund.........................................      134,000
UN Democracy Fund..........................................        4,000
UN Development Program.....................................       97,000
UN Environment Program.....................................       11,500
UN High Commissioner for Human Rights......................        7,000
UN Office for the Coordination of Humanitarian Affairs.....        3,100
                     UN Population Fund                           57,500
UN Voluntary Fund for Technical Cooperation in the Field of        1,425
 Human Rights..............................................
UN Voluntary Fund for Victims of Torture...................        7,200
UN Women's Fund (UNIFEM)/UN Development Fund for Women.....        6,500
UNIFEM Trust Fund..........................................        3,725
World Meteorological Organization..........................        2,200
World Trade Organization Technical Assistance..............        1,100
International Chemicals and Toxin Programs.................            0
                                                            ------------
    Total, International Organizations and Programs........      395,500
------------------------------------------------------------------------

                  INTERNATIONAL FINANCIAL INSTITUTIONS

       The Department of the Treasury is directed to review all 
     general capital increase requirements to ensure that only 
     those with the highest priority and relevance are submitted 
     as part of the fiscal year 2012 budget request. At a time of 
     tight fiscal estimates, it is critical that the United States 
     only make commitments that are necessary to further United 
     States interests.
       The Department of the Treasury is directed to work with the 
     international financial institutions to ensure that programs 
     address pandemic preparedness among other global health 
     priorities.
       The Department of the Treasury is directed to provide a 
     report to the Committees on Appropriations not later than 60 
     days after enactment of this Act on the steps being taken to 
     require that each of the international financial 
     institutions, including the World Bank and the International 
     Monetary Fund, initiate a full review of their respective 
     compensation systems to ensure that they do not outpace the 
     cost of living and are consistent with the austerity measures 
     that are being undertaken by member states.
       The Department of the Treasury is directed to seek to 
     ensure that the United States share of funding in 
     international funds, including the Clean Technology Fund, the 
     Global Food Security Fund, and the Strategic Climate Fund, 
     does not exceed 33 percent of the total amount of funds 
     contributed to any such Fund from all sources in the coming 
     years.
       The Secretary of the Treasury is directed to seek to ensure 
     that all international financial institutions provide 
     financing to the Government of Haiti on a grant-only basis.
       The Secretary of the Treasury is directed to seek to ensure 
     that all loans from international financial institutions are 
     in compliance with the Department's Guidance to Multilateral 
     Development Banks for Engaging with Developing Countries on 
     Coal-Fired Power Generation. In addition, as the Department 
     of the Treasury and the Department of State continue 
     negotiations for the possible establishment of a Green Fund, 
     actions should be taken to ensure that this new entity 
     reflects this policy guidance.
       The Secretary of the Treasury shall provide a report to the 
     Committees on Appropriations not later than 180 days after 
     enactment of this Act that describes for each international 
     financial institution the amount and type of assistance 
     provided, by country, for the extraction and export of oil, 
     gas, coal, timber, or other natural resources in the 
     preceding 12 months; and the consideration given by each 
     institution, when providing such assistance, to whether the 
     country has in place functioning systems to account for 
     revenues from such extraction and exports.
       The Department of the Treasury is directed to request that 
     the World Bank commission an independent evaluation of the 
     impact of the Bank's current forest policy on poverty 
     alleviation, deforestation, and forest degradation at the 
     local and national levels, and the expected carbon emissions 
     that will result from the implementation of such policy, and 
     post the findings on the Bank's Web site not later than one 
     year after enactment of this Act.


               CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

       The bill provides $315,000,000 for Contribution to the 
     Clean Technology Fund.
       The Department of the Treasury is directed to provide a 
     report to the Committees on Appropriations, the Senate 
     Foreign Relations Committee, and the House Financial Services 
     Committee not later than 180 days after enactment of this Act 
     that describes the purpose and progress of each project 
     supported by the Fund, including the extent to which 
     assistance made available by the Fund has reduced or will 
     reduce greenhouse gas emissions in recipient countries; and 
     how each project furthers the Fund's investment plan for the 
     country or countries in which the project is implemented.


               CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

       The bill provides $205,000,000 for Contribution to the 
     Strategic Climate Fund.
       The Department of the Treasury is directed to consult with 
     the Committees on Appropriations on the allocation of funds 
     between the Pilot Program for Climate Resilience, the Forest 
     Investment Program and the Program for Scaling-Up Renewable 
     Energy in Low-Income Countries prior to the obligation of 
     funds. Programs funded should complement bilateral 
     investments in adaptation, sustainable landscapes protection, 
     and clean energy.


                       GLOBAL FOOD SECURITY FUND

       The bill provides $215,000,000 for Global Food Security 
     Fund. The Committees on Appropriations direct that these 
     funds be provided to the Global Agriculture and Food Security 
     Program Trust Fund at the World Bank. Programs funded should 
     complement bilateral investments in agricultural development 
     and food security.
       The Department of the Treasury is directed to continue its 
     efforts to ensure accountability and transparency of programs 
     funded through the Fund, including fair representation on the 
     Board for all members of the private sector, including 
     private businesses, foundations and NGOs.


               CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

       The bill provides $106,586,000 for Contribution to the 
     Asian Development Bank (ADB) for the first of five scheduled 
     United States paid-in capital contributions to the ADB's 
     Fifth General Capital Increase (GCI-V).


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The bill includes a limitation on the amount that the 
     United States Governor of the ADB may subscribe to the 
     callable portion of the United States share of the GCI-V in 
     an amount not to exceed $2,558,048,769 in fiscal year 2011.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                        ADMINISTRATIVE EXPENSES

       The bill provides $99,000,000 for Administrative Expenses 
     for the Export-Import Bank.
       The Board of the Export-Import Bank is directed to 
     prioritize within its administrative expenses budget, funding 
     for the Bank's small business initiative to establish up to 
     15 new regional offices, and limit, to the degree possible, 
     increased funding for additional permanent headquarters 
     staff. The Export-Import Bank is directed to provide a 
     spending plan to the Committees on Appropriations for the 
     uses of funds under this heading not later than 60 days after 
     enactment of this Act.
       The Export-Import Bank is directed to continue the 
     reporting requirement regarding renewable energy or end-use 
     energy efficiency technologies, specified in the explanatory 
     statement accompanying the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117). The Bank shall provide 
     the report contained in Senate Report 111-237 addressing 
     steps taken to implement the Government Accountability 
     Office's recommendations regarding the Bank's failure to 
     allocate 10 percent of its annual financing to renewable 
     energy or energy efficiency technologies, as directed by 
     Congress.

                Overseas Private Investment Corporation


                            PROGRAM ACCOUNT

       The bill provides $29,000,000 for Program Account of the 
     Overseas Private Investment Corporation (OPIC).
       OPIC is directed to provide the reports and continue the 
     consultations required in the explanatory statement 
     accompanying the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2010 (division F of 
     Public Law 111-117).

                               TITLE VII

                           GENERAL PROVISIONS

       The following general provisions from the Department of 
     State, Foreign Operations and Related Programs Appropriations 
     Act, 2010 (division F of Public Law 111-117) were dropped: 
     7068, 7074, 7080 and 7091. All other longstanding general 
     provisions were retained, modified, or incorporated into this 
     Act.
     Sec. 7002. Unobligated Balances Report.
       This provision directs departments and agencies that 
     receive funds provided by this Act to provide a quarterly 
     accounting of funds that remain unobligated and unexpended, 
     which should disaggregate the funds by fiscal year to the 
     extent it can be supported by the agency's or department's 
     financial management systems and processes. The Secretary of 
     State is directed to report unobligated and unexpended 
     balances for future supplemental appropriations disaggregated 
     by fiscal year.
     Sec. 7008. Coups d'Etat.
       The modifications to this provision shall apply to 
     prospective coups d'etat and shall not apply to retrospective 
     assessments.
     Sec. 7034. Special Provisions.
       The World Food Program is directed to continue to work 
     collaboratively with USAID and the Department of State in 
     providing assistance for high risk countries.
       The Secretary of State, Secretary of the Treasury, USAID 
     Administrator, and the heads of the MCC, BBG, OPIC, and the 
     Export-Import Bank of the United States, are directed to 
     report, in writing, to the Committees on Appropriations that 
     they have instituted a policy to eliminate unnecessary idling 
     of motor vehicles owned or leased by the United States 
     Government. Such a policy may include exceptions to 
     accommodate essential security, health, or safety concerns, 
     and if necessary to perform a job function, ensure safe 
     operating conditions, or to operate a motor vehicle in 
     accordance with manufacturer specifications.
     Sec. 7045. Colombia.
       The bill includes language by reference similar to prior 
     years, except that it modifies the requirements of 
     7046(b)(1)(B), (b)(2), (c), and (d)(1) from the Department of 
     State, Foreign Operations and Related Programs Appropriations 
     Act, 2009 (division H of Public Law 111-8, as amended).
       Funds made available in this Act for Colombia are to be 
     allocated according to the following table, and are subject 
     to the provisions of section 7019 of this Act:

                       COLOMBIA ALL SPIGOTS CHART
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                     Programs/Accounts                        Authority
------------------------------------------------------------------------
Foreign Military Financing Program.........................       44,500
International Military Education and Training..............        1,695
Nonproliferation, Anti-terrorism, Demining and Related             4,750
 Programs..................................................
Economic Support Fund
  Support for Democracy....................................       15,000
  Alternative Development..................................      115,000
    Afro-Colombian/Indigenous Communities (non-add)........     [12,000]
    Biodiversity Conservation (non-add)....................      [3,000]
  Support for Vulnerable Groups/IDPs.......................       39,000
  Demobilization and Reintegration.........................       18,000
  Transfer to MRA..........................................        8,000
                                                            ------------
    Subtotal--Economic Support Fund........................      195,000
International Narcotics Control and Law Enforcement
Support for Rule of Law Programs
  Human Rights (USAID).....................................        7,000
  Judicial Reform Programs.................................        7,000
  Office of the Ombudsman Delegate for the Rights of                 200
   Children, Youth and Women in Colombia...................
  Defensoria del Pueblo....................................        1,000
  Office of the Attorney General...........................       16,000
    Human Rights Unit......................................      [7,000]
    Justice and Peace Unit.................................      [5,000]
    Witness/Victims Protection Program.....................      [3,000]
    Forensic Investigations................................      [1,000]
  UN High Commissioner for Human Rights....................          500
  Carabineros..............................................        4,000
  Individual Deserter Program..............................          500
  Demand Reduction.........................................          500
  Money Laundering.........................................          300
                                                            ------------
    Subtotal--Support for Rule of Law Programs.............       37,000
Interdiction, Eradication and Support
Support to the Colombian Military
  Army Counterdrug Mobile Brigade..........................          500
  Army Aviation Support....................................       22,500
  Air Bridge Denial Program................................        1,000
  Navy Maritime Interdiction Support.......................        5,000
                                                            ------------
    Subtotal--Support to the Colombian Military............       29,000
Support to Colombian National Police
  Aviation.................................................       45,000
  Eradication..............................................       40,000
  Interdiction.............................................       20,000
                                                            ------------
    Subtotal--Support to the Colombian National Police.....      105,000
Program, Development and Support
  United States Personnel..................................        2,029
  LES......................................................        2,151
  ICASS Costs..............................................        1,010
  Program Support..........................................        1,510
                                                            ------------
    Subtotal--Program, Development and Support.............        6,700
Critical Flight Safety Program
  Huey-II wiring...........................................        2,000
  Aircraft/Aircrew Safety of Flight........................        1,400
  Rotary Wing Depot (UH-60, Huey-II).......................       10,000
  Fixed Wing Depot (C208, C-27 and AT-802).................        5,400
                                                            ------------
    Subtotal--Critical Flight Safety Program...............       18,800
                                                            ------------
    Subtotal--Interdiction, Eradication and Support........      159,500
                                                            ------------
    Subtotal--Colombia INCLE...............................      196,500
                                                            ------------
Regional INCLE
  International Law Enforcement Academy....................          300
  Interregional Aviation Support...........................       11,250
                                                            ------------
    Subtotal--Regional INCLE...............................       11,550
Total--INCLE...............................................      208,050
Total--Colombia............................................      453,995
------------------------------------------------------------------------

     Sec. 7080. Transparency, Accountability and Anti-Kleptocracy.
       The Department of the Treasury is directed to continue to 
     provide the report to the Committees on Appropriations 
     related to the International Monetary Fund's (IMF) New 
     Arrangements to Borrow as outlined in section 7090(d) of the 
     Department of State, Foreign Operations and Related Programs 
     Appropriations Act, 2010 (Public Law 111-117).
       The Secretary of the Treasury is directed to provide a 
     report to the Committees on Appropriations within 30 days 
     after the Board of Executive Directors of the IMF approves a 
     loan for a country where the amount of the net public debt of 
     the country exceeds 60 percent of the gross domestic product 
     and the country is not eligible for assistance from the 
     International Development Association, outlining the 
     likelihood that the loan will be repaid. The report should 
     also describe the borrowing country's current debt status, 
     including to the extent possible, its maturity structure, 
     whether it has fixed or floating rates, whether it is 
     indexed, and by whom it is held; the borrowing country's 
     external and internal vulnerabilities that could potentially 
     affect its ability to repay; and the borrowing country's debt 
     management strategy.
       The bill limits assistance to the central government of 
     countries that do not fully disclose their national budget 
     and government contracts and licenses for natural resource 
     exploitation. If the Secretary of State waives this 
     requirement, the Department of State is required to provide a 
     report to the Committees on Appropriations that includes 
     current data on the country's budget transparency; identifies 
     any steps taken by such government to publicly disclose its 
     national budget which are additional to those which were 
     undertaken in previous fiscal years; includes recommendations 
     of short- and long-term steps that the government can take to 
     improve budget transparency; and identifies benchmarks for 
     measuring progress in countries that receive a waiver.
     Sec. 7082. Buying Power Maintenance, International 
         Organizations.
       This provision establishes a Buying Power Maintenance 
     account under the Contributions to International 
     Organizations heading to enable the Department of State to 
     offset adverse fluctuations in foreign currency exchange 
     rates related to United States assessed contributions to 
     international organizations. While the Committees on 
     Appropriations recognize the budgeting challenges related to 
     exchange rate fluctuations, the Secretary of State is 
     directed to continue to utilize funding that remains 
     available after paying the annual assessed contributions to 
     continue to synchronize contributions in the fiscal year in 
     which they are due. The Secretary is also directed to report 
     to the Committees on Appropriations by October 30, 2011, on 
     the total amount transferred into the Buying Power 
     Maintenance account in fiscal year 2011 and the sources of 
     this funding.
     Sec. 7088. Inspectors General Personnel.
       The Inspectors General of the Department of State and USAID 
     should not exercise the waiver authority in this section for 
     annuitants who have been retired for seven years or more, 
     except in exceptional circumstances.


   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Pursuant to clause 9 of rule XXI of the Rules of the House 
     of Representatives and rule XLIV of the Standing Rules of the 
     Senate, neither this division nor its accompanying 
     explanatory statement contains any congressional earmarks, 
     congressionally directed spending items, limited tax benefits 
     or limited tariff benefits as defined in the applicable House 
     or Senate rules.
     
     
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2011

       Following is an explanation of the effects of Division L, 
     which makes appropriations for the Departments of 
     Transportation and Housing and Urban Development and Related 
     Agencies for fiscal year 2011. As provided in Section 4 of 
     the consolidated bill, this explanatory statement shall have 
     the same effect with respect to the allocation of funds and 
     the implementation of this division as if it were a joint 
     explanatory statement of a committee of conference.

                        Congressional Directives

       The language and allocations set forth in the House report 
     (House Report 111-564) and Senate report (Senate Report 111-
     230) should be complied with unless specifically addressed to 
     the contrary in this explanatory statement. The explanatory 
     statement, while repeating some report language for emphasis, 
     does not intend to negate the language referred to above 
     unless expressly provided herein. In cases where the House or 
     the Senate has directed the submission of a report, such 
     report is to be submitted to both the House and Senate 
     Committees on Appropriations. The Department of 
     Transportation and the Department of Housing and Urban 
     Development are directed to notify the House and Senate 
     Committees on Appropriations seven days prior to the 
     announcement of a new program or authority.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         Salaries and Expenses

       The bill provides $115,509,000 for the salaries and 
     expenses of the Office of the Secretary of Transportation. 
     The bill includes funding by office as specified below:
Immediate office of the secretary............................$2,667,000
Office of the deputy secretary................................1,000,000
Office of the executive secretariat...........................1,683,000
Office of the under secretary of transportation for policy...16,568,000
Official of small and disadvantaged business utilization......1,563,000
Office of the chief information officer......................19,663,000
Office of the assistant secretary for governmental affairs....2,500,000
Office of the general counsel................................19,960,000
Office of the assistant secretary for budget and programs....11,156,000
Office of the assistant secretary for administration.........25,695,000
Office of public affairs......................................2,055,000
Office of intelligence, security and emergency response......10,999,000
       Office of the under secretary of transportation for 
     policy.--The bill includes $804,000 and 6 full time 
     equivalent (FTE) to support the ongoing workload requirements 
     of the Office of the Under Secretary of Transportation for 
     Policy. In addition, the bill provides $1,500,000 to staff 
     the U.S. Embassies in Kabul and Baghdad. The bill also 
     includes $3,000,000 and 5 FTE in the Office of the Under 
     Secretary of Transportation for Policy to further the 
     Department's livability initiative and develop the benchmarks 
     and performance measures necessary to study the impact of 
     transportation investments on sustainability.
       DOT is reminded of the importance of submitting a 
     comprehensive list of federal barriers to local coordination 
     of housing and transportation by May 15, 2011 as outlined in 
     Senate report 111-230.
       Office of the chief information officer.--The bill provides 
     funding for an additional position for a chief information 
     security officer, an additional position for a chief 
     information officer of OST, and an additional 11 positions 
     for a single group to build a strategy for the Department's 
     investments in all kinds of information technology, including 
     the information technology that promotes collaboration and 
     networked activities. The bill also provides $5,000,000 for 
     the Next Generation IT Infrastructure initiative.
       The DOT OIG is directed to submit a report to the 
     Committees on Appropriations on the Cyber Security Initiative 
     and the Next Generation IT Infrastructure initiative by May 
     15, 2011. This report should provide an evaluation of the 
     Department's plan to improve cyber security and upgrade the 
     overall IT environment, identify areas of risk in these 
     initiatives and the Department's plan to mitigate this risk, 
     and assess the Department's plans to staff these initiatives.
       Office of the assistant secretary for governmental 
     affairs.--The principal role of the office of Governmental 
     Affairs is to serve as a liaison between the Secretary and 
     the United States Congress. The communication between the 
     office of Governmental Affairs and the Appropriations 
     Committee has been lacking and must improve to ensure that 
     announcements on grants, programs, reports and regulations 
     are relayed in a timely and equitable manner.
       Office of the assistant secretary for budget and 
     programs.--The bill includes $275,000 for 3 FTE to improve 
     oversight and $183,000 for 2 FTE for the OST budget office. 
     It does not include $1,000,000 requested by the Department to 
     establish a new office for program evaluation in the Office 
     of the Assistant Secretary for Budget and Programs.
       Office of the general counsel.--The bill includes an 
     additional $250,000 for the Office of the General Counsel and 
     continues to encourage the office to use its resources for 
     activities that will most effectively increase the protection 
     of air travel consumers.
       The Department is directed to submit a letter report to the 
     Committees on Appropriations on the status of reaching a 
     resolution on level boarding within 6 months of enactment of 
     this Act.
       The Government Accountability Office (GAO) is directed to 
     analyze the Department's acquisition workforce and report its 
     findings to the Committees on Appropriations no later than 
     December 31, 2011. The evaluation should include an 
     assessment of the acquisition workforce of each agency, an 
     evaluation of the current role of the Office of the Secretary 
     in supporting and overseeing acquisitions, and a presentation 
     of the best practices used in the Federal government.


                  NATIONAL INFRASTRUCTURE INVESTMENTS

       The bill provides $500,000,000 for capital investments in 
     surface transportation infrastructure.
       The GAO is directed to evaluate how DOT used its discretion 
     to select fiscal year 2010 Transportation Investment 
     Generating Economic Recovery (TIGER) awards.


                      FINANCIAL MANAGEMENT CAPITAL

       The bill provides $20,000,000 for the financial management 
     capital program. The bill does not include any funding for 
     FTE in this account. GAO is directed to review the cost, 
     schedule and performance of this project and submit a report 
     to the Committees on Appropriations by May 30, 2011. This 
     assessment should include information on the status of the 
     project's schedule, budget, and expenditures as well as a 
     prioritization of project risks and their mitigation efforts. 
     The report should also include an assessment of the extent to 
     which the investments being made today will offer to the 
     Department the flexibility to use its new financial 
     management tools to address a variety of future needs, many 
     of which the Department may not be able to anticipate at this 
     time.


                       CYBER SECURITY INITIATIVES

       The bill provides $30,000,000 for the cyber security 
     initiatives. This funding includes resources to cover the 
     cost of FTE.


                         OFFICE OF CIVIL RIGHTS

       The bill provides $9,767,000 for the office of civil 
     rights.


           TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT

       The bill provides $16,769,000 for transportation planning, 
     research and development. The bill includes $1,000,000 to 
     support the Bureau of Transportation Statistics' Commodity 
     Flow Study. Additionally, the bill directs funding to be 
     allocated to the following projects:


        Project name                                             Amount
Aviation Futures Alliance Employment, Export and Industry Growth 
  Analysis, WA.................................................$500,000
Chicago Aviation Education Initiative, IL......................$250,000
Great Lakes Maritime Research Institute, MN..................$1,000,000
I-81 Corridor Coalition, PA....................................$700,000
International Mobility and Trade Corridor Project, Whatcom Coun$750,000
PSRC Sustainable Transportation and Growth Modeling Demonstration 
  Project, King County, WA.....................................$750,000


                          WORKING CAPITAL FUND

       The bill includes a limitation of $148,096,000 for working 
     capital fund activities.


               MINORITY BUSINESS RESOURCE CENTER PROGRAM

       The bill provides a total appropriation of $913,000. Within 
     the funds provided, $329,000 is for the costs of guaranteed 
     loans for short-term working capital and $584,000 is provided 
     for administrative expenses. The bill limits loans made under 
     this program to $18,367,000.


                       MINORITY BUSINESS OUTREACH

       The bill provides $3,553,000 for minority business outreach 
     and allows funds to be used for business opportunities 
     related to any mode of transportation.


                        PAYMENTS TO AIR CARRIERS

                    (AIRPORT AND AIRWAY TRUST FUND)


                     (including transfer of funds)

       The bill provides $146,000,000 for payments to air 
     carriers. In addition to these funds, the program will 
     receive $50,000,000 in mandatory spending pursuant to the 
     Federal Aviation Authorization Act of 1996. The funding 
     provided in the bill is necessary to support air service in 
     all eligible communities.


  administrative provisions--office of the secretary of transportation

       Section 101 prohibits funds in this Act available to the 
     Department of Transportation from being obligated for the 
     Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Section 102 prohibits funds from being obligated or 
     expended to establish or implement a program where essential 
     air service communities are required to assume subsidy costs 
     commonly referred to as local participation.
       Section 103 allows the Secretary of Transportation or his 
     designee to engage with states to consider proposals related 
     to the reduction of motorcycle fatalities.

                    Federal Aviation Administration


                               oPerations

                    (airport and airway trust fund)

                     (including transfer of funds)

       The bill includes $9,817,739,000 for operations of the 
     Federal Aviation Administration, of which $4,559,000,000 is 
     to be derived from the airport and airway trust fund.
       Air traffic organization.--The bill includes $7,653,128,000 
     for the air traffic organization, including $47,300,000 for 
     RNAV/RNP procedures; $2,500,000 for additional acquisition 
     workforce personnel and training; and $20,000,000 for 
     operational support for the en route automation modernization 
     (ERAM) program.
       Controller placement study.--The bill requires FAA to 
     conduct a study on testing alternatives for the placement of 
     air traffic controllers after their completion of training at 
     the FAA Academy.
       Aviation safety (AVS).--The bill provides $1,304,486,000 
     for aviation safety, of which no less than $18,000,000 shall 
     be for staff increases in flight standards and aircraft 
     certification. The DOT Office of Inspector General (OIG) is 
     directed to evaluate the FAA's use of its model for safety 
     inspector staffing in identifying needs for fiscal year 
     2012.This evaluation should address both safety inspector 
     staffing levels and the placement of the inspectors. The OIG 
     is instructed to report to the House and Senate Committees on 
     Appropriations no later than May 31, 2011.
       Staff offices.--The bill includes $208,644,000 for FAA's 
     staff offices. Specifically, the bill includes $4,011,000 in 
     half-year funding for 110 additional hazardous materials 
     safety inspectors and emergency operations positions and 
     $400,000 for the office of civil rights to conduct a barrier 
     analysis on the ethnic diversity of FAA's air traffic 
     controller and inspector workforces.


                        facilities and equipment

                    (airport and airway trust fund)

       The bill includes $2,990,000,000 for FAA facilities and 
     equipment. The following table compares the fiscal year 2011 
     budget request and the bill by program: 
     
     
       Automatic dependent surveillance-broadcast (ADS-B).--The 
     bill includes $176,100,000 for the ADS-B program. In 
     addition, $10,000,000 is included to expedite the development 
     of ADS-B ``in'' capabilities, and $14,200,000 is included to 
     provide additional ADS-B coverage for general aviation.
       Terminal air traffic control facilities replacement.--The 
     terminal air traffic control facilities replacement program 
     is funded at $121,600,000 and includes $1,500,000 for Lihue 
     Airport, Hawaii and $250,000 for Greenwood-Leflore Airport, 
     Mississippi.
       Runway status lights.--The runway status lights program is 
     funded at $56,000,000, of which $1,000,000 is provided to 
     implement runway status lights at Honolulu International 
     Airport, Hawaii.
       Weather camera program.--The weather camera program is 
     funded at $4,200,000, of which $1,000,000 is provided to 
     install weather cameras in the State of Hawaii.
       Instrument landing system establishment.--The instrument 
     landing system program is funded at $7,800,000, including 
     $500,000 for runway 5 at Kinston Regional Jetport, North 
     Carolina.
       Seattle TRACON.--The FAA is directed to take all measures 
     necessary to improve the security at its facilities, 
     including the Seattle terminal radar approach control 
     facility.
       NextGen demonstration.--The bill includes $25,000,000 to 
     allow the FAA to make competitive grants for avionics 
     equipage improvements that will demonstrate the benefits of 
     NextGen. The Federal share shall not exceed 80 percent.


                 research, engineering and development

                    (Airport and airway trust fund)

       The bill provides $198,000,000 for the FAA's research, 
     engineering, and development activities as noted in the 
     following table:
     
     
       Within the funds provided for FAA's advanced materials 
     research activities, $750,000 is provided for the Advanced 
     Material in Transport Aircraft Structures Center in Seattle, 
     Washington; $500,000 is provided for the National Institute 
     for Aviation Research at Wichita State University for new 
     equipment, additional personnel and to conduct research in 
     advanced materials; and, $500,000 is also provided for the 
     National Institute for Aviation Research at Wichita State 
     University for education and training for composite airframe 
     maintenance and airworthiness. Within the funds for aviation 
     safety risk analysis, $1,000,000 is provided for the Alaska 
     Aviation Safety project for research involving simulation 
     training, in-cockpit navigational aids, two-way wireless data 
     tethers and other flight safety enhancements.


                       GRANTS-IN-AID FOR AIRPORTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                    (AIRPORT AND AIRWAY TRUST FUND)

       The bill includes a liquidating cash appropriation of 
     $3,550,000,000; an obligation limitation of $3,515,000,000; a 
     limitation on administrative expenses of not more than 
     $99,622,000; no less than $15,000,000 for the airport 
     cooperative research program; and no less than $27,217,000 
     for airport technology research.
       Of the funds covered by the obligation limitation in this 
     bill, FAA is directed to provide funding for the following 
     projects and activities as listed in the following table:
     
     
       ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION

       Section 110 retains a provision that limits the number of 
     technical workers at the Center for Advanced Aviation Systems 
     Development to 600 in fiscal year 2011.
       Section 111 retains a provision that prohibits the FAA from 
     requiring airport sponsors to provide the agency ``without 
     cost'' building construction, maintenance, utilities and 
     expenses, or space in sponsor-owned buildings, except in the 
     case of certain specified exceptions.
       Section 112 retains a provision that allows reimbursement 
     for fees collected and credited under 49 U.S.C. 45303.
       Section 113 retains a provision that allows reimbursement 
     of funds for providing technical assistance to foreign 
     aviation authorities to be credited to the operations 
     account.
       Section 114 retains a provision that prohibits funds to 
     change the weight restrictions or prior permission rules at 
     Teterboro Airport, NJ.
       Section 115 retains a provision that prohibits funds 
     limited in this Act for the Airport Improvement Program to be 
     provided to an airport that has denied a request from the 
     Secretary of Transportation to use public space at the 
     airport for the purpose of conducting outreach on air 
     passenger rights.
       Section 116 retains a provision that prohibits the FAA from 
     paying Sunday premium pay except in those cases in which an 
     individual actually worked on a Sunday.
       Section 117 retains a provision that prohibits the FAA from 
     using funds to purchase store gift cards or gift certificates 
     through a government-issued credit card.
       Section 118 retains a provision that allows all airports 
     experiencing the required level of boardings through charter 
     and scheduled air service to be eligible for funds under 49 
     U.S.C. 47114(c).
       Section 119 prohibits funds from being obligated or 
     expended for retention bonuses for FAA employees without 
     prior written approval of the DOT Deputy Assistant Secretary 
     for Administration.

                     Federal Highway Administration


                 LIMITATION ON ADMINISTRATIVE EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The bill limits obligations for administrative expenses of 
     the Federal Highway Administration (FHWA) to $420,843,000 and 
     makes $3,300,000 in contract authority above the limitation 
     available for the administrative expenses of the Appalachian 
     Regional Commission in accordance with section 104 of title 
     23, United States Code.
       Fiscal management information system.--Within this 
     limitation, $1,000,000 is provided for the FHWA to conduct a 
     review, in consultation with the Department's chief 
     information officer, of the agency's fiscal management 
     information system to define known and future grant 
     management system requirements, including Federal Funding 
     Accountability and Transparency Act and Recovery Act 
     information needs; stakeholder data analysis objectives; and 
     expanded query, reporting, and interface requirements. The 
     findings of this review are to be reported to the Committees 
     on Appropriations by no later than April 1, 2011. The report 
     should identify a range of at least three cost-effective 
     options--basic, moderate, and comprehensive--and should 
     describe the pros and cons of each of the options, as well as 
     the time, funding, and other resources necessitated by each 
     option.
       Travel budget.--The bill funds the FHWA's travel expenses 
     at $9,272,000, which is $1,000,000 below the budget request.


                          FEDERAL-AID HIGHWAYS

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The bill limits obligations for the federal-aid highways 
     program to $41,776,000,000 in fiscal year 2011 and, within 
     the limitation, limits obligations for transportation 
     research to $429,800,000. The bill also allows the Secretary 
     to charge and collect fees from the applicant for a direct 
     loan, guaranteed loan, or line of credit to cover the cost of 
     the financial and legal analyses performed on behalf of the 
     Department as authorized under section 605(b) of title 23, 
     United States Code. The fees so collected are not subject to 
     any obligation limitation or the limitation on administrative 
     expenses set for the infrastructure finance program under 
     section 608 of title 23, United States Code.
       Bridge oversight.--The Department's Office of Inspector 
     General is directed to provide a second evaluation of FHWA's 
     progress in fulfilling each of the recommendations given in 
     its report on the national bridge inspection program (Report 
     Number MH-2009-013) and to submit a report to the Committees 
     on Appropriations with its findings no later than August 1, 
     2011.


               FERRY BOATS AND FERRY TERMINAL FACILITIES

       Within the funds available for ferry boats and ferry 
     terminal facilities, funds are to be available for the 
     following projects and activities as listed in the following 
     table: 
     
     
       TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM

       Within the funds made available for the transportation, 
     community and system preservation program, funds are to be 
     distributed to the following projects and activities as 
     listed in the following table:
     
     
                             FEDERAL LANDS

       Within the funds available for the federal lands program, 
     funds are to be available for the following projects and 
     activities as listed in the following table: 
     
     
       The funds allocated above shall be derived from the FHWA's 
     public lands discretionary program and not from funds 
     allocated to the National Park Service's regions or from 
     funds allocated to the Fish and Wildlife Service's regions.


                  INTERSTATE MAINTENANCE DISCRETIONARY

       Within the funds available for the interstate maintenance 
     discretionary program, funds are to be available for the 
     following projects and activities as listed in the following 
     table:
     
     
            DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM

       Within the funds available for the Delta region 
     transportation development program, funds are to be available 
     for the following projects and activities as listed in the 
     following table: 
     
     
       I-80 Exit at Stoney Hollow Road, PA.--The statement of 
     managers accompanying the fiscal year 2002 appropriations Act 
     includes $3,000,000 in Interstate maintenance discretionary 
     funding for ``I-80 Exit at Stoney Hollow Road, 
     Pennsylvania.'' These funds shall be made available for ``I-
     80 Exits 298/299 Improvements, Monroe County, Pennsylvania.''
       Highway 53 Chetek, WI.--The statement of managers 
     accompanying the fiscal year 2004 appropriations Act includes 
     $2,000,000 in section 115 funding for ``WI Highway 53 Chetek, 
     Wisconsin.'' These funds shall be made available for 
     ``Chetek-area Transportation System Improvements, Chetek, 
     Wisconsin.''
       Marin Parklands/Muir Woods Visitor Access, CA.--The 
     statement of managers accompanying the fiscal year 2004 
     appropriations Act includes $1,100,000 in federal lands 
     funding for ``Marin Parklands/Muir Woods Visitor Access, 
     California.'' Of these funds, $220,000 shall be made 
     available for ``Pacific Way Bridge, County of Marin, CA'' and 
     $180,000 of these funds shall be made available for ``Signal 
     at Flamingo/Highway 1, County of Marin, CA.''
       Feasibility Study for Routes 495/195 interchange, Wareham, 
     MA.--The statement of managers accompanying the fiscal year 
     2004 appropriations Act includes $500,000 in section 115 
     funding for ``Feasibility study for Routes 495/195 
     Interchange, Wareham, Massachusetts.'' These funds shall be 
     made available for ``Design and construction of improvements 
     to Route 28 corridor adjacent to the I-495/Route 28 
     interchange in Wareham, MA.''
       Trenton Channel Bridge Replacement, Wayne County, MI.--The 
     statement of managers accompanying the fiscal year 2004 
     appropriations Act includes $400,000 in national corridor 
     planning and border development program funding for ``Trenton 
     Channel Bridge Replacement, Wayne County, Michigan.'' These 
     funds shall be made available for ``Trenton Channel Bridge 
     Improvements, Wayne County, Michigan.''
       Waterfront Parking Garage, Camden, NJ.--The statement of 
     managers accompanying the fiscal year 2006 appropriations Act 
     includes $800,000 in section 112 funding for ``Waterfront 
     Parking Garage, Camden, NJ.'' These funds shall be made 
     available for ``Pedestrian flow improvements and associated 
     environmental remediation, Camden, NJ.''


                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The bill provides a liquidating cash appropriation of 
     $42,515,000,000, which is available until expended, to pay 
     the outstanding obligations of the various highway programs 
     at the levels provided in this Act and prior appropriations 
     Acts.


                  (RESCISSION OF UNOBLIGATED BALANCES)

                          (HIGHWAY TRUST FUND)

       The bill rescinds unobligated balances of funds made 
     available for specific projects in previous authorization 
     Acts.


                        PLANNING CAPACITY GRANTS

       The bill appropriates $100,000,000, available until 
     September 30, 2012, for grants to metropolitan planning 
     organizations; State, local, and tribal governments; and 
     public agencies, such as transit authorities that conduct 
     surface transportation planning, in order to improve the 
     capacity of those organizations to conduct their 
     transportation planning. Of the funds provided, the bill sets 
     aside $25,000,000 for grants that will improve planning for 
     rural areas and $12,000,000 for grants that will lead to 
     greater public involvement in transportation planning. The 
     bill also allows the Secretary to retain up to one percent of 
     the funds provided under this heading to fund the award and 
     oversight of these planning capacity grants and directs this 
     funding to be split equally between the Federal Highway 
     Administration and the Federal Transit Administration. The 
     bill also specifies that the Federal share payable on each 
     program, project, or activity funded under this heading shall 
     be 80 percent and no grant shall be greater than $5,000,000.


       ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION

                        (INCLUDING RESCISSIONS)

       Section 120 distributes the federal-aid highways program 
     obligation limitation.
       Section 121 allows funds received by the Bureau of 
     Transportation Statistics from the sale of data products to 
     be credited to the federal-aid highways account.
       Section 122 provides requirements for any waiver of Buy 
     American requirements.
       Section 123 prohibits tolling in Texas, with exceptions.
       Section 124 appropriates funds for the projects, programs, 
     and activities specified in the following table: 
     
     
       The bill specifies that the Federal share payable on each 
     program, project, or activity funded under this section shall 
     be 100 percent and allows funds to be transferred to another 
     Federal agency if so requested by a State.
       Section 125 rescinds unobligated balances associated with 
     demonstration or high priority projects which were funded in 
     previous appropriations Acts.
       Section 126 rescinds unobligated balances made available 
     for highway related safety grants in prior appropriations 
     Acts.
       Section 127 provides additional funding to the Delta region 
     transportation development program.


              FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

              MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The bill includes a liquidation of contract authorization 
     and a limitation on obligations of $252,553,000 for the 
     operating expenses of and motor carrier safety research by 
     the Federal Motor Carrier Safety Administration (FMCSA). Of 
     this limitation, $8,586,000 is to remain available for 
     obligation until September 30, 2013. The bill also includes 
     $7,325,000 in budget authority from the highway trust fund 
     for information management operations and programs. The bill 
     provides funding in the following manner:
Operating expenses.........................................$195,669,000
Research and technology.......................................8,586,000
Information management.......................................41,943,000
Regulatory development........................................9,777,000
Outreach and education........................................2,903,000
Commercial motor vehicle operators grants.....................1,000,000


                      MOTOR CARRIER SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

                         (INCLUDING RESCISSION)

       The bill provides a liquidating cash appropriation and a 
     limitation on obligations of $310,070,000 for motor carrier 
     safety grants. The bill provides funding for motor carrier 
     safety grants as follows:
Motor carrier safety assistance program (MCSAP)............$165,070,000
High priority grants (MCSAP).................................15,000,000
New entrant motor carrier audits (MCSAP).....................32,000,000
Commercial driver's license (CDL) program improvement grants.25,000,000
Border enforcement grants....................................32,000,000
Performance and registration information system management gra5,000,000
Commercial vehicle information systems and networks deploymen25,000,000
Safety data improvement grants................................3,000,000
CDL information system modernization (CDLIS)..................8,000,000
       Of the funds provided for CDLIS the bill includes language 
     that requires FMCSA to use $3,000,000 for new entrant motor 
     carrier audits and $5,000,000 for CDL program improvement 
     grants. The bill also permanently rescinds $30,569,000 in 
     unobligated balances.
       Reincarnated carriers.--GAO is directed to evaluate the 
     effectiveness of the new-entry safety audit, conduct a 
     programmatic evaluation of the New Applicant Screening 
     Program, and the Passenger Carrier Vetting Process and submit 
     a report to the Committees on Appropriations by June 1, 2011. 
     In addition, GAO should evaluate the degree to which the 
     complexities of the application of State laws on corporate 
     successorship may in certain circumstances affect the FMCSA's 
     ability to deny operating authority and pursue enforcement 
     actions against unsafe reincarnated carriers. Finally, the 
     DOT IG is instructed to audit FMCSA's implementation of the 
     new entrant safety assurance process and its response to the 
     NTSB's recommendations H-09-33 through H-09-41 and submit a 
     report to the Committees on Appropriations by June 1, 2011 
     with the results of that review.


                          MOTOR CARRIER SAFETY

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

       The bill permanently rescinds $7,330,000 in unobligated 
     balances from the motor carrier safety program.


                 NATIONAL MOTOR CARRIER SAFETY PROGRAM

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

       The bill permanently rescinds $15,076,000 in unobligated 
     balances from the national motor carrier safety program.


 ADMINISTRATIVE PROVISION--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

       Section 135 retains the provision that subjects funds 
     appropriated in this Act to the terms and conditions of 
     section 350 of Public Law 107-87 and section 6901 of Public 
     Law 110-28, including that the Secretary submit a report on 
     Mexico-domiciled motor carriers.
       The Secretary of Transportation, in coordination with the 
     Ambassador of the United States Trade Representative, no 
     later than January 14, 2011, is directed to establish and 
     report on a proposal to implement a cross border trucking 
     program that maintains the safety of our roads and highways, 
     enhances the efficient movement of commerce, and eliminates 
     harmful and retaliatory tariffs on agricultural products. 
     This report should also include what actions the Department 
     or other executive agencies are taking to ensure Mexico 
     provides reciprocal access and fair treatment to United 
     States owned bus companies.

             National Highway Traffic Safety Administration


                        OPERATIONS AND RESEARCH

       The bill provides $163,177,000 from the general fund for 
     highway and traffic safety activities. Of this amount, a 
     total of $44,945,000 shall remain available until September 
     30, 2012. The bill also continues language prohibiting funds 
     from being used to amend tire grading standards.


                        OPERATIONS AND RESEARCH

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The bill provides an appropriation for liquidating cash of 
     contract authorization of $110,073,000 from the highway trust 
     fund for payment of obligations incurred in carrying out the 
     provisions of the highway safety research and development 
     program as authorized by section 403 of title 23, United 
     States Code. The bill also specifies that the funds are 
     available until expended.
       The bill limits obligations from the highway trust fund to 
     $110,073,000 for authorized activities associated with the 
     highway safety research and development program. Of this 
     limitation, a total of $29,737,000 shall remain available 
     until September 30, 2012, and shall be in addition to any 
     limitation imposed on obligations in future fiscal years.
       The following table summarizes the total funding level 
     provided in the bill for operations and research (general 
     fund and highway trust fund combined) by budget activity.
Salaries and benefits.......................................$80,525,000
Travel........................................................1,028,000
Operating expenses...........................................25,567,000
Contract programs:
  Safety performance (rulemaking)............................23,338,000
  Safety assurance (enforcement).............................21,125,000
  Highway safety programs....................................46,785,000
  Research and analysis......................................74,682,000
                                                       ________________
                                                       
    Total..................................................$273,050,000


                        ADMINISTRATIVE EXPENSES

       The bill provides $107,120,000 for NHTSA's salaries and 
     benefits, travel, and other operating expenses. This funding 
     level includes $2,400,000 to fund 16 additional full-time 
     equivalent staff years.


                    SAFETY PERFORMANCE (RULEMAKING)

       The bill provides $23,338,000 for NHTSA's safety 
     performance standards (rulemaking) programs to fund the 
     following activities:
Safety standards support.....................................$2,300,000
New car assessment program...................................13,043,000
Fuel economy program..........................................7,900,000
Climate control..................................................20,000
Theft control and other programs.................................75,000
                                                       ________________
                                                       
  Total.....................................................$23,338,000


                     SAFETY ASSURANCE (ENFORCEMENT)

       The bill provides $21,125,000 for the agency's safety 
     assurance (enforcement) programs to fund the following 
     activities:
Vehicle safety compliance....................................$8,096,000
Safety defects investigations............................... 12,829,000
Odometer fraud investigations.................................. 200,000
                                                       ________________
                                                       
  Total.....................................................$21,125,000
       Sudden unintended acceleration (SUA).--The bill provides an 
     additional $3,000,000 to support SUA related research such 
     as: a human factors study that will evaluate driver usability 
     versus pedal designs, and assess if a vehicle's pedal design 
     and placement affect susceptibility to pedal misapplication 
     leading to unintended acceleration incidents; further 
     research into electronic throttle control systems; and the 
     evaluation of electronic data recorder testing.


                        HIGHWAY SAFETY PROGRAMS

       The bill provides the following amounts for highway safety 
     programs:
Impaired driving............................................$11,456,000
Drug impaired driving.........................................1,488,000
Safety countermeasures........................................4,345,000
National occupant protection.................................10,358,000
Enforcement and justice services..............................3,501,000
Emergency medical services....................................2,174,000
Enhance 9--1--1 activities....................................1,250,000
NEMSIS implementation.........................................2,500,000
Driver licensing..............................................1,016,000
Highway safety research.......................................8,597,000
International activities in behavioral traffic safety...........100,000
                                                       ________________
                                                       
  Total.....................................................$46,785,000

       Ignition interlock program.--NHTSA is directed to use 
     $200,000 of the amount provided for highway safety research 
     to fund the development of a model ignition interlock program 
     to examine best practices and draft guidelines to assist the 
     states in implementing such programs to combat impaired 
     driving.
       Impaired driving.--Within the funding provided for highway 
     safety research, the bill includes $2,250,000 to support 
     NHTSA's partnership with leading automobile manufacturers in 
     the Automotive Coalition for Traffic Safety to develop 
     alcohol detection technologies that could be installed in a 
     vehicle to prevent drunk driving.


                         RESEARCH AND ANALYSIS

       The bill provides the following amounts for research and 
     analysis:
Safety systems...............................................$8,226,000
Biomechanics.................................................11,000,000
Heavy vehicles................................................2,115,000
Crash avoidance and human-vehicle performance.................8,104,000
Hydrogen fuel cell and alternative fuel vehicle system........2,500,000
National Center for Statistics and Analysis:
  Traffic records.............................................1,650,000
  Fatality analysis reporting system..........................8,725,000
  National automotive sampling system........................25,906,000
  State data systems..........................................2,490,000
  Special crash investigations................................1,800,000
  Data analysis program.......................................2,166,000
                                                       ________________
                                                       
    Total, Research and Analysis............................$74,682,000

       Alternative fuels research.--The bill provides an 
     additional $1,500,000 for research into the safety of 
     vehicles that use alternative fuels. NHTSA is directed to use 
     this funding to continue research on the safety of emerging 
     battery technologies, particularly lithium ion batteries used 
     in hybridized fuel cells, and to continue the development of 
     pack and vehicle level test procedures for charging, 
     discharging, damage tolerance, fire impingement, as well as 
     the development of full-scale vehicle crash test procedures.
       National automotive sampling system (NASS).--The bill 
     provides $13,000,000 above the request to fund the 
     modernization of the NASS data collection system that 
     provides crash data on a nationally representative sample of 
     police-reported motor vehicle crashes and related injuries. 
     In addition, NHTSA is directed to submit a report to the 
     Committees on Appropriations, by not later than August 1, 
     2011, that assesses the deficiencies of the NASS data 
     collection program, evaluates the data elements that should 
     be collected from each crash, provides details on the NASS 
     modernization efforts and related expenditures, and makes 
     recommendations on how to improve data quality, timeliness, 
     and accessibility.


                        NATIONAL DRIVER REGISTER

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The bill provides a liquidating cash appropriation of 
     $4,170,000 for the national driver register and specifies 
     that the funds are available until expended. The bill also 
     limits obligations from the highway trust fund for the 
     national driver register to $4,170,000.


                 NATIONAL DRIVER REGISTER MODERNIZATION

       The bill provides $2,530,000 for the modernization of the 
     national driver register and specifies that these funds are 
     to remain available until September 30, 2012.


                     HIGHWAY TRAFFIC SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The bill provides $611,828,000 to liquidate contract 
     authorizations for highway traffic safety grants and 
     specifies that these funds are to remain available until 
     expended. The bill limits obligations for highway traffic 
     safety grants to $611,828,000 and includes separate 
     obligation limitations for each of the agency's safety grant 
     programs. The bill also specifies that the limitation 
     provided for safety belt performance grants shall remain 
     available until September 30, 2012, and shall be in addition 
     to any limitation imposed on obligations in future fiscal 
     years.
       The bill maintains language that prohibits the use of funds 
     for construction, rehabilitation, and remodeling costs or for 
     office furnishings or fixtures for state, local, or private 
     buildings or structures. Language is also continued that 
     limits the amount available for technical assistance to 
     $500,000 under section 410 of title 23, U.S.C., and limits 
     the amount that can be used to conduct the evaluation of the 
     high visibility enforcement program to $750,000 in fiscal 
     year 2011.
       Distracted driving prevention.--The bill reallocates 
     $50,000,000 from the seat belt performance grants program to 
     fund a new distracted driving grant program for states that 
     enact and enforce laws to prevent distracted driving with a 
     focus on texting bans. Within this funding level, up to 
     $5,000,000 may be used for broadcast and print media 
     advertising to support enforcement of state laws to prevent 
     distracted driving, focused on reaching those segments of the 
     population most likely to engage in distracted driving 
     behavior. The bill requires NHTSA to give three days advance 
     notice to Congress before any grant is awarded and specifies 
     that no State shall receive greater than $3,000,000 in any 
     fiscal year.


      ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY 
                             ADMINISTRATION

                        (INCLUDING RESCISSIONS)

       Section 140 provides funding for travel and related 
     expenses for state management reviews and highway safety core 
     competency development training.
       Section 141 exempts obligation authority that was made 
     available in previous public laws for multiple years from 
     limitations on obligations for the current year.
       Section 142 rescinds unobligated balances from the Consumer 
     Assistance to Recycle and Save Program.
       Section 143 rescinds unobligated contract authority 
     authorized from the highway trust fund for NHTSA's national 
     driver register program.
       Section 144 rescinds unobligated contract authority 
     authorized from the highway trust fund for NHTSA's highway 
     traffic safety grant programs.

                    Federal Railroad Administration


                         SAFETY AND OPERATIONS

       The bill provides $203,348,000 for safety and operations of 
     the Federal Railroad Administration (FRA). Of the funds 
     provided, $8,380,000 is available until September 30, 2012 in 
     order to accommodate inspection related travel and the close 
     call system and $24,913,000 is available until September 30, 
     2015 in order to accommodate the Automatic Track Inspection 
     Program, the Railroad Safety Information System, the 
     Southeastern Transportation Study, research and development 
     activities, contract support, Alaska Railroad liabilities, 
     PRISM-Delphi Integration and acquisition as well as build-out 
     of headquarters space. The bill does not provide any 
     additional positions beyond the budget request.
       Next Generation Corridor Equipment Pool Committee.--Within 
     the funds provided $1,000,000 is for grants to Amtrak and 
     States for participation in the Next Generation Corridor 
     Equipment Pool Committee.

                   Railroad Research And Development

       The bill provides $40,000,000 for railroad research and 
     development. The FRA Administrator is given the flexibility 
     to fund the activities included in its budget request within 
     the resources provided. In addition, within the funds made 
     available for this program, funds are to be distributed to 
     the projects and activities as listed in the following table:


        Project name                                             Amount
High-Speed Rail from Orlando to Miami, FL......................$500,000
Metrolink--Positive Train Control, CA........................$1,000,000
Northern Lights Express Intercity Passenger Rail Study, MN.....$500,000
PEERS Rail-Grade Crossing Safety, Statewide, IL................$500,000
San Diego--Positive Train Control, CA........................$1,000,000
Whistle Free Zone Project, MN..................................$400,000
       Rail-highway crossing hazard eliminations.--The following 
     funding allocations for rail-highway grade crossing projects 
     and activities authorized under section 1103(f) of Public Law 
     109-59 are recommended:


        Project name                                             Amount
Empire Corridor West High Speed Rail Improvements, Cayuga Count$360,000
Empire Corridor West High Speed Rail Improvements, Oneida Count$625,000
Improvement to Safety Devices at Highway/Railway Grade Crossing$750,000
Traffic Separation Studies in Durham and Wake County, NC.......$500,000


                   RAILROAD SAFETY TECHNOLOGY PROGRAM

       The bill provides $75,000,000 to implement the railroad 
     safety technology program authorized in the Rail Safety 
     Improvement Act of 2008.
       The high cost of implementing positive train control 
     technology is widely recognized, including the impact of 
     these costs on small grantees. For this reason, FRA is 
     directed to continue providing assistance for railroad safety 
     technology to provide the greatest benefit across the rail 
     and transit industries.


    CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY 
                         PASSENGER RAIL SERVICE

       The bill provides $1,000,000,000 for grants to support 
     intercity rail service and high speed rail corridors. The 
     Department is directed to begin the Advance Notice of 
     Proposed Rule Making process within 180 days of enactment of 
     this Act. In addition, FRA is directed to incorporate in the 
     national rail plan an estimate of the cost to complete the 
     system of high speed rail envisioned in the plan and a 
     complete map of that system and resubmit the plan by March 1, 
     2011. GAO is directed to evaluate how FRA used its discretion 
     to select high speed rail and intercity passenger rail fiscal 
     year 2010 awards.


            NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

       The bill provides a total of $1,901,484,000 for the 
     operations, capital improvements and debt service to the 
     National Railroad Passenger Corporation (Amtrak).


    OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

       The bill provides $563,000,000 in operating grants to 
     Amtrak. Such funds are available until expended.
       Amtrak is reminded of its obligation to provide the 
     Committees on Appropriations with the annual budget, business 
     plan, and five-year financial plan no later than 60 days 
     after enactment of the bill. Amtrak is directed to notify the 
     Committees if it expects to miss any of its reporting 
     deadlines. Amtrak is also directed to provide five day notice 
     to the Committees on Appropriations before making any changes 
     to Amtrak's budget, business plan, five-year financial plan, 
     grant and legislative request and all subsequent supplemental 
     plans, including any applications to incur debt.


  CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

       The bill provides $1,338,484,000 for capital and debt 
     service payment grants to Amtrak. Such funds are available 
     until expended. Within the funds provided, the bill includes 
     $277,000,000 for Amtrak's debt service payment. The bill 
     requires that grants made after the first $200,000,000 be 
     provided only on a reimbursable basis. The bill continues to 
     support the Amtrak Fleet Plan, but does not include a 
     specific set aside for this purpose.
       Americans with Disabilities Act.--The bill includes 
     $190,000,000 for compliance with the Americans with 
     Disabilities Act (ADA). Amtrak is expected to set aside the 
     funding included and continue to give ADA compliance priority 
     for the use of these funds.


       ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION

       Section 150 retains a provision that ceases the 
     availability of Amtrak funds if the railroad contracts for 
     services outside the United States for any service performed 
     by a full-time or part-time Amtrak employee as of July 1, 
     2006.
       Section 151 retains a provision that allows FRA to receive 
     and use cash or spare parts to repair, and replace damaged 
     track inspection cars.

                     Federal Transit Administration


                        ADMINISTRATIVE EXPENSES

       The bill provides $106,700,000 for the administrative 
     expenses of the Federal Transit Administration (FTA). The 
     bill specifies that no more than $2,050,000 shall be provided 
     for travel.
       The bill includes $5,000,000 for public transportation 
     fixed guideway safety oversight activities if authorizing 
     legislation is enacted before September 30, 2011. It is 
     important to establish an office for safety oversight and 
     this appropriation will start that effort.


                         FORMULA AND BUS GRANTS

                  (LIQUIDATION OF CONTRACT AUTHORITY)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The bill limits obligations from the Mass Transit Account 
     for the formula and bus grant program to $8,360,565,000. The 
     specific programmatic distribution of formula and bus grant 
     funds will be determined through legislation extending or 
     reauthorizing the surface transportation programs. The bill 
     includes a liquidating cash appropriation of $9,200,000,000.
       Bus and bus facilities.--Within the funds provided for bus 
     and bus facilities, the FTA is directed to allocate funds to 
     the following priorities:
     
     
       Alternatives analysis.--The FTA is directed to allocate 
     funds to the following alternatives analysis projects: 
     
     
                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

       The bill rescinds $17,394,000 in excess fiscal year 2010 
     contract authority.


                RESEARCH AND UNIVERSITY RESEARCH CENTERS

       The bill provides $65,376,000 from the General Fund for 
     FTA's research activities. Of the amounts provided, 
     $4,300,000 is for the National Transit Institute, $10,000,000 
     is for transit cooperative research programs and $7,000,000 
     is for the university centers program.
       Of the remaining funds provided for national research 
     programs, FTA is directed to allocate funds to the following 
     activities:


        Project name                                             Amount
City of College Station Public Transportation Initiative, TX...$150,000
CTAA Job links, DC...........................................$2,400,000
Innovation in Public Transportation Infrastructure Systems Planning, 
  College of Staten Island, Staten Island, NY..................$450,000
Project Transit, Philadelphia, PA............................$1,000,000
Queens College Barriers to Public Transportation Survey, NY....$250,000


                       CAPITAL INVESTMENT GRANTS

       The bill provides $1,850,000,000 from the General Fund for 
     capital investment grants.
       New starts and small starts.--Within the funds provided, 
     FTA is directed to allocate funds to the following projects:
     
     
                              (RESCISSION)

       The bill rescinds $25,830,000 of unobligated balances from 
     Capital Investment Grant funds appropriated in Public Law 
     111-117.


       GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS

       The bill provides $65,000,000 for energy efficiency and 
     greenhouse gas reduction grants.


             WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

       The bill provides $150,000,000 to carry out section 601 of 
     division B of Public Law 110-432 to remain available until 
     expended.
       WMATA is directed to provide quarterly reports beginning 
     January 1, 2011 to the Committees on Appropriations measuring 
     safety improvements of FTA's Tri-State Audit.


       ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

       Longstanding administrative provisions are continued.

             Saint Lawrence Seaway Development Corporation


                       OPERATIONS AND MAINTENANCE

                    (HARBOR MAINTENANCE TRUST FUND)

       The bill provides $33,868,000 for the operations, 
     maintenance, and capital asset renewal of the Saint Lawrence 
     Seaway Development Corporation (SLSDC). The bill directs the 
     SLSDC to use the additional funds for capital investments as 
     planned for in the Asset Renewal Plan. The SLSDC is directed 
     to provide an annual report by April 30 of each year 
     consistent with the requirements stated in the Explanatory 
     Statement of the Department of Transportation Appropriations 
     Act of 2009.


                        Maritime Administration

                       MARITIME SECURITY PROGRAM

       The bill includes $174,000,000 for the maritime security 
     program.


                        OPERATIONS AND TRAINING

       The bill includes $172,262,000 for the Maritime 
     Administration's operations and training account. The bill 
     allocates the funds for operations and training as follows:
U.S. Merchant Marine Academy
  Salaries and Benefits.....................................$33,177,000
  Midshipman Program..........................................8,402,000
  Instructional Program.......................................4,184,000
  Program, Direction and Admin................................8,545,000
  Maintenance, Repair and Operations..........................9,112,000
  Capital Improvements.......................................30,900,000
  Midshipman Fee Refunds......................................6,000,000
    Subtotal, U.S. Merchant Marine Academy..................100,320,000
State Maritime Academies (SMA)
  SMA Direct Payments.........................................2,275,000
  Student Incentive Payments..................................2,400,000
  Schoolship Maintenance and Repair..........................11,240,000
    Subtotal, State Maritime Academies.......................15,915,000
MARAD Operations
  Salaries and Benefits......................................29,047,000
  Non-Discretionary Operations...............................11,179,000
  Information Technology......................................8,865,000
  Discretionary Operations and Travel.........................1,686,000
  Maritime Program Expenses...................................5,250,000
    Subtotal, MARAD Operations...............................56,027,000
      Total, Operations and Training.......................$172,262,000

       MARAD is directed to provide a quarterly report to the 
     Committees on Appropriations on the number of vacancies and 
     the duties associated with each vacant position. These 
     reports should also break out the number of FTE currently on 
     board and the estimated number of FTE on board by the end of 
     the year. The Secretary is also directed to provide the 
     Committees on Appropriations with a plan to assist MARAD in 
     addressing the Office of Personnel Management's human 
     resource audit recommendations within 90 days. The plan 
     should establish policies, procedures and timelines to 
     restore the hiring authority of the Maritime Administration.
       Environment and Compliance.--The bill includes $4,500,000 
     to continue the independent testing of ballast water 
     technologies to meet domestic and international regulatory 
     requirements, as well as assist in the testing, validation or 
     certification of air emissions reduction technology with the 
     Environmental Protection Agency.
       Information Technology.--The bill includes additional 
     resources to implement the data collection, analysis and 
     reporting requirements of the Cruise Vessel Security and 
     Safety Act of 2010.


                             SHIP DISPOSAL

       The bill includes $10,000,000 for the disposal of obsolete 
     vessels of the National Defense Reserve Fleet.


          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

       The bill includes $4,000,000 for the administrative 
     expenses of the maritime guaranteed loan program (title XI).


                     ASSISTANCE TO SMALL SHIPYARDS

       The bill includes $15,000,000 for assistance to small 
     shipyards.


           ADMINISTRATIVE PROVISION--MARITIME ADMINISTRATION

       Section 175 authorizes MARAD to furnish utilities and 
     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under control of MARAD, and allow payments received to be 
     credited to the Treasury.

         Pipeline and Hazardous Materials Safety Administration


                          OPERATIONAL EXPENSES

                         (PIPELINE SAFETY FUND)

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $23,383,000 for the necessary operational 
     expenses of the Pipeline and Hazardous Materials Safety 
     Administration (PHMSA), of which $639,000 is to be derived 
     from the Pipeline Safety Fund. The bill also requires that of 
     the available funds, $1,000,000 shall be transferred to 
     Pipeline Safety to fund pipeline safety information grants to 
     communities.
       Pipeline integrity management.--During the past year, there 
     have been multiple incidents--such as the crude oil pipeline 
     failure in Salt Lake City, UT, in June; the oil spill near 
     Marshall, MI, in July; and the crude oil pipeline failure in 
     Romeville, IL, in September--that have served as stark 
     reminders of the importance of maintaining the safety of our 
     nation's pipeline system that is essential to delivering 
     vital energy products to U.S. households and businesses. In-
     line pipeline pigging devices, when appropriately deployed, 
     are widely regarded to be the most reliable and cost-
     effective means of assessing the integrity of pipeline 
     infrastructure. However, not all portions of this energy 
     delivery system are capable of being ``pigged'', that is, 
     assessed using instrumented in-line inspection (ILI) devices. 
     Roughly 13,000 miles of natural gas transmission pipelines in 
     high consequence areas, such as those involved in the San 
     Bruno incident, are unpiggable and thereby unable to be 
     inspected by ILI devices under the integrity management 
     program. These lines are currently assessed either using 
     pressure testing techniques or a range of direct assessment 
     methodologies. The bill includes $1,000,000 for PHMSA to 
     advance research to ensure that more effective integrity 
     assessment technology, at least as effective as pigging, is 
     made available to better assess pipeline integrity risks.


                       HAZARDOUS MATERIALS SAFETY

       The bill provides $49,434,000 to continue PHMSA's hazardous 
     materials safety functions, of which $6,497,000 shall be 
     available until September 30, 2013. The bill also directs 
     PHMSA to include a proposal to establish a reasonable user 
     fee with its fiscal year 2012 budget to assist in covering a 
     portion of the cost of expenses incurred to process 
     applications and ensure compliance with the terms of special 
     permits and approvals issued under 49 U.S.C. 5117. Within the 
     funds provided, $4,210,000 is for 44 new positions to enable 
     PHMSA to improve its oversight, management, and processing of 
     special permits and approvals and $4,790,000 is for 
     improvements to the PHMSA's data management and information 
     technology modernization effort and is available until 
     September 30, 2013.


                            PIPELINE SAFETY

                         (PIPELINE SAFETY FUND)

                    (OIL SPILL LIABILITY TRUST FUND)

       The bill provides a total of $111,111,000 for the office of 
     pipeline safety. Of this amount, $18,905,000 shall be derived 
     from the Oil Spill Liability Trust Fund and shall be 
     available until September 30, 2013. The remaining $92,206,000 
     shall be derived from the Pipeline Safety Fund, of which 
     $51,206,000 shall remain available until September 30, 2013. 
     The bill also directs that no less than $1,053,000 of the 
     funds provided shall be used for the state one-call grant 
     program.


                     EMERGENCY PREPAREDNESS GRANTS

                     (EMERGENCY PREPAREDNESS FUND)

       The bill provides $28,318,000 for emergency preparedness 
     grants, of which $188,000 shall be for activities related to 
     emergency response training curriculum development and 
     updates.

           Research and Innovative Technology Administration


                        RESEARCH AND DEVELOPMENT

       The bill provides $16,790,000 to continue research and 
     development activities. Of the funds provided, $9,655,000 
     shall remain available until September 30, 2013.


        Activity                                       Conference level
Salaries and Administrative Expenses.........................$7,135,000
Alternative Fuels Safety Research and Development (R&D).........500,000
Research, Development, and Technology Coordination (RD&T).......900,000
Nationwide Differential Global Positioning System (NDGPS).....7,400,000
Positioning, Navigation, and Timing (PN&T)......................855,000
       NDGPS.--The bill fully funds the equipment recapitalization 
     request at $2,000,000 and funds Operations and Maintenance 
     (O&M) at $5,400,000.


                  BUREAU OF TRANSPORTATION STATISTICS

                      (LIMITATION ON OBLIGATIONS)

       Under the appropriation of the Federal Highway 
     Administration, the bill provides $27,000,000 for the Bureau 
     of Transportation Statistics (BTS). Additionally, the bill 
     provides $1,000,000 for BTS within the Transportation 
     Planning, Research, and Development (TPR&D) account.

                      Office of Inspector General


                         SALARIES AND EXPENSES

       The bill provides $86,406,000 for the activities of the 
     Office of Inspector General (OIG). The bill also maintains 
     language which authorizes the OIG to investigate allegations 
     of fraud and unfair or deceptive practices and unfair methods 
     of competition by air carriers and ticket agents.

                      Surface Transportation Board


                         SALARIES AND EXPENSES

       The bill provides $30,874,000 for salaries and expenses of 
     the surface transportation board. The bill permits the 
     collection of up to $1,250,000 in user fees to be credited to 
     this appropriation. The bill provides that the general fund 
     appropriation be reduced on a dollar-for-dollar basis by the 
     actual amount collected in user fees to result in a final 
     appropriation from the general fund estimated at no more than 
     $29,624,000. Within the total funding level, $625,000 is 
     provided for upgrades to the Uniform Railroad Costing System.

            General Provisions--Department of Transportation

       Longstanding general provisions from fiscal year 2010 are 
     continued unless otherwise noted below.
       Section 188 prohibits funds from being used to make a grant 
     unless the Secretary of Transportation notifies the House and 
     the Senate Committees on Appropriations no less than three 
     days in advance of any discretionary grant award, letter of 
     intent, full funding grant agreement or any project 
     competitively selected to receive a discretionary grant award 
     totaling $1,000,000 or more, and directs the Secretary give 
     concurrent notification for any ``quick release'' of funds 
     from the Federal Highway Administration's emergency relief 
     program. Three day notice is also required for programs that 
     total in excess of $40,000,000.
       Section 192 modifies a provision that caps the amount of 
     fees that the Surface Transportation Board can charge/collect 
     for rate or practice complaints.
       Section 194 clarifies or extends funding for various 
     projects that were included in previous appropriations Acts.
       Section 195 clarifies funding for projects that were 
     included in SAFETEA-LU and TEA-21.
       Section 196 requires the Department of Transportation to 
     continue a study related to the Missouri River.
       Section 197 extends pilot programs related to truck weight 
     in the States of Maine and Vermont.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

       HUD is directed to provide quarterly updates on its efforts 
     to improve the Department's hiring, performance appraisal, 
     and succession planning processes, and the budgeting of S&E 
     resources. These reports should include updates on the number 
     of FTE projected for each office in the Department compared 
     to last year's actual level and the authorized level for the 
     current fiscal year. Additionally, these reports should track 
     the obligation of funds provided for each office and 
     specifically detail any transfer of funds between accounts.
       Budget justifications.--HUD is directed to provide more 
     detailed information on its salaries and expenses request for 
     each office within the Department in its fiscal year 2012 
     budget request and all future budget requests. The budget 
     request must include a detailed justification for the 
     incremental funding increases, decreases and FTE fluctuations 
     being requested by program, activity or program element. The 
     budget request must also include an organizational chart for 
     each operating area within the Department detailing the 
     number of FTE per office and changes in these numbers for the 
     upcoming fiscal year. Additionally, the budget request must 
     include detailed information on non-personnel related 
     expenses, including travel, by program office. This should 
     include information on prior-year travel and travel planned 
     for fiscal year 2012. For international travel the Department 
     should include the location and purpose of any proposed 
     trips.
       The Department is reminded that its authority to reprogram 
     funds between the programs, projects, and activities within 
     each account without prior approval from the Committees on 
     Appropriations is limited. In addition, HUD must provide one 
     month prior notice to the Committees on Appropriations of any 
     office, program or activity reorganizations.

                          Executive Direction

       The bill provides $28,310,000 for Executive Direction. 
     Funds are provided as follows:
Immediate Office of the Secretary and Deputy Secretary.......$7,464,000
Office of Hearings and Appeals................................1,706,000
Office of Small and Disadvantaged Business Utilization..........719,000
Immediate Office of the Chief Financial Officer.................839,000
Immediate Office of the General Counsel.......................1,395,500
Office of the Assistant Secretary for Congressional and 
  Intergovernmental Relations.................................2,709,000
Office of the Assistant Secretary for Public Affairs..........4,691,000
Office of the Assistant Secretary for Public and Indian Affair1,843,000
Office of the Assistant Secretary for Community and Planning 
  Development.................................................1,487,500
Office of the Assistant Secretary for Housing, Federal Housing 
  Commissioner................................................3,015,000
Office of the Assistant Secretary for Policy Development and 
  Research......................................................992,000
Office of the Assistant Secretary for Fair Housing and Equal 
  Opportunity...................................................700,000
Office of the Chief Operating Officer...........................749,000


               ADMINISTRATION, OPERATIONS AND MANAGEMENT

       The bill provides $525,040,000 for the administrative 
     functions of the Department. Funds are provided as follows:
Office of Chief Human Capital Officer--Personnel Compensation and 
  Benefits..................................................$65,449,000
Office of Departmental Operations and Coordination--Personnel 
  Compensation and Benefits...................................9,122,000
Office of Field Policy and Management--Personnel Compensation and 
  Benefits...................................................48,465,000
Office of the Chief Procurement Officer--Personnel Compensation and 
  Benefits...................................................15,932,000
Office of the Chief Financial Officer--Personnel Compensation and 
  Benefits...................................................33,597,000
Office of the General Counsel--Personnel Compensation and Ben86,482,000
Office of the Departmental Equal Employment Opportunity--Personnel 
  Compensation and Benefits...................................3,115,000
Office of Faith-Based and Community Initiatives--Personnel Compensation 
  and Benefits................................................1,171,000
Office of Sustainability--Personnel Compensation and Benefits.2,237,000
Office of Strategic Planning and Management--Personnel Compensation and 
  Benefits....................................................3,695,000
Office of Disaster and Emergency Management--Personnel Compensation and 
  Benefits....................................................4,375,000
Non-personnel expenses......................................251,400,000

       HUD is directed to maintain the responsibilities of the 
     appropriations attorneys under the Office of the Chief 
     Financial Officer.
       The bill provides funding requested for the Acquisition 
     Workforce Initiative directly to the Office of the Chief 
     Procurement Officer with the expectation that this funding 
     will be used primarily to hire additional acquisition staff.
       The bill does not include any funding for the design phase 
     of the modernization of the Robert C. Weaver HUD headquarters 
     building.
       The bill reduces the Department's request for travel-
     related expenses by 10 percent with the expectation the 
     reduction will be absorbed through reductions in conference 
     and other non-oversight related travel.

                  Personnel Compensation and Benefits


                       PUBLIC AND INDIAN HOUSING

       The bill provides $194,889,000 for the personnel 
     compensation and benefits for this account.
       The Secretary is directed to submit a comprehensive report 
     to the House and Senate Committees on Appropriations by May 
     15, 2011 on the administrative, regulatory and statutory 
     barriers to the efficient operation of public housing 
     agencies' (PHA) voucher and public housing programs. The 
     report should include a list of the reporting and data 
     systems required of PHAs, and how this information is used.
       The Secretary is directed to submit a staffing plan for the 
     Office of Public and Indian Housing to the House and Senate 
     Committees on Appropriations within 120 days of enactment of 
     this Act. This plan should include detailed information on 
     the allocation of staff among programs, as well as between 
     field offices and headquarters. In addition, the plan should 
     address the hiring process to ensure that PIH is bringing on 
     staff with the appropriate expertise.


                   COMMUNITY PLANNING AND DEVELOPMENT

       The bill provides $104,656,000 for the personnel 
     compensation and benefits for this account.


                                HOUSING

       The bill provides $390,885,000 for the personnel 
     compensation and benefits for this account.
       HUD is directed to submit a report within 6 months of the 
     enactment of this Act detailing how LEAN processing in the 
     Office of Insured Healthcare Facilities is being implemented. 
     This report should include policies put in place that protect 
     the program against losses, as well as the staffing necessary 
     to ensure effective program management. Additionally, the 
     report should determine whether LEAN processing would be 
     effective for the Office of Multifamily Housing.


         OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

       The bill provides $14,000,000 for the personnel 
     compensation and benefits for this account to be derived from 
     the GNMA guarantees of mortgage-backed securities guaranteed 
     loan receipt account.


                    POLICY DEVELOPMENT AND RESEARCH

       The bill provides $21,138,000 for the personnel 
     compensation and benefits for this account.


                   FAIR HOUSING AND EQUAL OPPORTUNITY

       The bill provides $70,363,000 for the personnel 
     compensation and benefits for this account.


            OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

       The bill provides $7,151,000 for the personnel compensation 
     and benefits for this account.


                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

       The bill provides $19,298,997,653 for all tenant-based 
     Section 8 activities under the Tenant-Based Rental Assistance 
     Account. Funding is allocated as follows:


        Activity                                       Conference level
Voucher Renewals........................................$16,993,997,653
Tenant Protection Vouchers..................................150,000,000
Administrative Fees.......................................1,791,000,000
Family Self-Sufficiency Coordinators.........................60,000,000
Family Unification Incremental Vouchers......................15,000,000
HUD-VASH Incremental Vouchers................................75,000,000
Mainstream vouchers..........................................63,000,000
Disaster vouchers............................................66,000,000
Homeless Demonstration.......................................85,000,000

       The bill includes new language requiring HUD to track all 
     special purpose vouchers.
       The bill includes $150,000,000 to protect tenants, 
     including those low-income residents most at-risk due to 
     mortgage maturation or expiring use agreements.
       HUD is directed to report on VASH utilization rates, 
     challenges encountered by the program, and increases in the 
     self-sufficiency and stability of participating veterans 
     within 90 days of enactment of this Act, instead of January 
     15, 2011.


                        HOUSING CERTIFICATE FUND

                              (RESCISSION)

       The bill does not include a rescission from this account. 
     Unobligated balances, including recaptures and carryover, may 
     be used for renewal of or amendments to section 8 project-
     based contracts and for performance-based contract 
     administrators.


                      PUBLIC HOUSING CAPITAL FUND

       The bill provides $2,500,000,000 for the Public Housing 
     Capital Fund.
       HUD is directed to report quarterly to the Committees on 
     Appropriations on the status of all PHAs that are designated 
     as troubled or are in receivership.


                     PUBLIC HOUSING OPERATING FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $4,775,000,000 for the Public Housing 
     Operating Fund.


     REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

       The bill provides $200,000,000 for the Revitalization of 
     Severely Distressed Public Housing program (HOPE VI). The 
     bill also includes $90,000,000 to continue the demonstration 
     of the Choice Neighborhoods Initiative that was first funded 
     in fiscal year 2010. As with HOPE VI, the funding under the 
     demonstration will continue to focus on addressing housing 
     needs.


                  NATIVE AMERICAN HOUSING BLOCK GRANTS

       The bill provides $700,000,000 for the Native American 
     Housing Block Grants.


                  NATIVE HAWAIIAN HOUSING BLOCK GRANT

       The bill provides $13,000,000 for the Native Hawaiian 
     Housing Block Grant, of which $300,000 shall be for training 
     and technical assistance, including up to $100,000 for 
     related travel.


           INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

       The bill provides $9,000,000, to subsidize a loan 
     limitation of up to $994,000,000.


      NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

       The bill provides $1,044,000 for guaranteed loans for 
     Native Hawaiian housing to subsidize a total guaranteed loan 
     principal of up to $41,504,255.
       HUD is directed to submit a single report to the House and 
     Senate Committees on Appropriations on the progress of 
     obligating current and prior year Native Hawaiian Housing 
     Block Grant and Native Hawaiian Housing Loan Guarantee funds 
     within 90 days of enactment of this Act and quarterly 
     thereafter.

                   Community Planning and Development


              HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

       The bill provides $345,000,000 for Housing Opportunities 
     for Persons with AIDS (HOPWA) program.


                       COMMUNITY DEVELOPMENT FUND

       The bill provides $4,450,000,000 for the Community 
     Development Fund. The bill provides the following:
Formula distribution of funds............................$3,990,000,000
Indian Economic Block Grants.................................65,000,000
Economic Development Initiative Grants......................170,176,000
Neighborhood Initiatives Program.............................23,600,000
Sustainable Communities Initiative..........................150,000,000
Rural Innovation Fund........................................25,000,000
University Community Fund-Section 107 Grants.................26,224,000
       The bill provides funding for section 107 grants. 
     Consistent with prior years, these grants will be awarded 
     competitively to academic institutions as follows:
Native Alaskan and Hawaiian Serving Institutions.............$3,410,000
Tribal colleges and Universities..............................5,777,000
HBCUs........................................................10,227,000
Hispanic Serving Institutions.................................6,810,000
       The Department is directed to implement the Economic 
     Development Initiatives program as follows:
     
     
       The Department is directed to implement the Neighborhood 
     Initiatives program as follows: 
     
     
       The bill includes $150,000,000 for the Sustainable 
     Communities Initiative.
       The bill stipulates that grants may only be made to 
     metropolitan planning organizations, rural planning 
     organizations, States, other units of general local 
     government, housing- and transportation-related nonprofit 
     organizations, as well as tribal governments and economic 
     development organizations.
       HUD is required to submit a report outlining the use of the 
     Sustainable Communities Initiative funding, identifying any 
     changes to the grant criteria or performance metrics that 
     were established in fiscal year 2010.
       HUD is directed to work with the Department of 
     Transportation to produce a comprehensive list of provisions 
     in federal regulation and law that act as a barrier to local 
     efforts to coordinate housing and transportation investments.


         COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

       The bill provides $8,000,000 for costs associated with 
     section 108 loan guarantees, including administrative costs, 
     to subsidize a total loan principal of up to $341,880,000.


                       BROWNFIELDS REDEVELOPMENT

       The bill provides $10,000,000 for the Brownfields 
     Redevelopment program.


                  HOME INVESTMENT PARTNERSHIPS PROGRAM

       The bill provides a total of $1,825,000,000 for this 
     account.


        SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

       The bill provides $82,000,000 for this account.


                       HOMELESS ASSISTANCE GRANTS

       The bill provides $2,200,000,000 for Homeless Assistance 
     Grants. Of the amounts provided, at least $345,000,000 is for 
     the new Emergency Solutions Grant program established under 
     the HEARTH Act. This program adds prevention and rapid re-
     housing to existing activities that have proven to be 
     effective at reducing the amount of homelessness in 
     communities, particularly for families with 
     children. The bill allows HUD to provide a greater 
     share of resources for this program to more closely meet the 
     intent of the HEARTH Act.
       HUD is directed to continue to include 5-year projections, 
     on an annual basis, for the cost of renewing the permanent 
     housing component of the Supportive Housing program and the 
     Shelter Plus Care program in its fiscal year 2012 budget 
     justifications.

                            HOUSING PROGRAMS


                    PROJECT-BASED RENTAL ASSISTANCE

       The bill provides $8,882,328,000 for project-based rental 
     assistance activities. The bill also provides an advance 
     appropriation of $400,000,000 for fiscal year 2012. This 
     amount includes $8,950,000,000 for contract renewals and up 
     to $326,000,000 for contract administrators.


                        HOUSING FOR THE ELDERLY

       The bill provides $825,000,000 for the section 202 program. 
     Within the funds provided, up to $40,000,000 may be used for 
     the conversion of 202 units to assisted living facilities.
       HUD is directed to submit to the Committees on 
     Appropriations within 120 days of enactment of this Act a 
     comprehensive list of both non-legislative ``regulatory'' 
     changes and legislative changes that would improve the 
     effectiveness of the program as well as a schedule for making 
     these changes.


                 HOUSING FOR PERSONS WITH DISABILITIES

       The bill provides $235,000,000 for the Section 811 program.
       HUD is directed to identify and submit to the Committees on 
     Appropriations within 150 days of enactment of this Act a 
     list of all regulatory issues for this program that will 
     improve implementation, as well as administrative reforms the 
     Department can complete without legislative action and a 
     proposed schedule for issuing such reforms.


                     HOUSING COUNSELING ASSISTANCE

       The bill provides $88,000,000 for Housing Counseling 
     Assistance.


                    OTHER ASSISTED HOUSING PROGRAMS

                       RENTAL HOUSING ASSISTANCE

       The bill provides $40,600,000 for Section 236 payments to 
     State-aided, non-insured projects.


                            RENT SUPPLEMENT

                              (RESCISSION)

       The bill rescinds $40,600,000 from the Rent Supplement 
     account.


            PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

       The bill provides $14,000,000 for authorized activities, of 
     which $7,000,000 is to be derived from the Manufactured 
     Housing Fees Trust Fund.

                     FEDERAL HOUSING ADMINISTRATION


               MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The bill establishes a limitation of $400,000,000,000 on 
     commitments to guarantee single-family loans during fiscal 
     year 2011. The bill includes $221,125,000 for contract 
     expenses, of which up to $71,500,000 may be transferred to 
     the working capital fund.

                GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

       The bill establishes a $20,000,000,000 limitation on 
     multifamily and specialized loan guarantees during fiscal 
     year 2011.
       HUD is directed to present a plan to the House and Senate 
     Committees on Appropriations within 90 days of the enactment 
     of this Act detailing how the Department will address the 
     backlog of applications for the Offices of Multifamily 
     Housing and Insured Healthcare Facilities.

                GOVERNMENT NATIONAL MORTGAGE ASSOCIATION


GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT

       The bill includes up to $500,000,000,000 for new 
     commitments.

                    POLICY DEVELOPMENT AND RESEARCH


                        RESEARCH AND TECHNOLOGY

       The bill provides $54,000,000 for research and technology.

                   FAIR HOUSING AND EQUAL OPPORTUNITY


                        FAIR HOUSING ACTIVITIES

            OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL


                         LEAD HAZARD REDUCTION

       The bill provides $140,000,000 for the Lead Hazard 
     Reduction program. Of this amount, the bill includes 
     $68,000,000 for the lead-based paint hazard control grant 
     program, $4,000,000 for technical assistance, $20,000,000 for 
     Healthy Homes Initiative and $48,000,000 for the Lead Hazard 
     Reduction Demonstration Program. In addition, HUD is directed 
     to use $250,000 of the funds provided for the Lead Hazard 
     Reduction Demonstration Program for technical assistance in 
     conducting communications and outreach activities to 
     potential applicants of the demonstration program.

                     MANAGEMENT AND ADMINISTRATION


                          WORKING CAPITAL FUND

       The bill includes $228,500,000 for the Working Capital 
     Fund.


                      OFFICE OF INSPECTOR GENERAL

       The bill provides $125,000,000 for the Office of the 
     Inspector General (OIG).
       The OIG is directed to submit a staffing plan for the OIG 
     to the Appropriations Committees within 120days of 
     enactment of this Act. This plan should include detailed 
     information on the allocation of staff among issue areas as 
     well as between field offices and headquarters. In addition, 
     the plan should address the hiring process to ensure that OIG 
     is bringing on staff with the appropriate expertise to 
     conduct necessary oversight.


                       TRANSFORMATION INITIATIVE

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $20,000,000 for combating mortgage fraud 
     through the Transformation Initiative (TI), as well as the 
     authority to transfer up to 1 percent of funds from specified 
     accounts within the Department. The bill language provides 
     that not less than $100,000,000 and not more than 
     $116,000,000 shall be for Information Technology and not more 
     than $45,000,000 shall be for technical assistance. 
     The bill continues to require reporting requirements on all 
     funding provided under this heading, as well as a spend plan 
     and GAO oversight of HUD's IT investments.
       Of the amounts provided for research and demonstrations, 
     the Department shall use necessary funds to complete an 
     assessment of the effectiveness of HUD-funded service 
     coordinators and an evaluation of the worst or obsolete 
     public housing. Any remaining funding should be used 
     to complete research and demonstrations begun in fiscal year 
     2010 that were not fully funded.


    GENERAL PROVISIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       Longstanding administrative provisions are continued unless 
     otherwise noted below.
       Section 212 amends an existing provision to allow HUD to 
     transfer debt and use agreements from an obsolete project to 
     a viable project, provided that no additional costs are 
     incurred, and other conditions are met.
       Section 217 modifies a provision instructing HUD on 
     managing and disposing of any multifamily property that is 
     owned by HUD.
       Section 229 modifies a provision allowing refinancing of 
     certain section 202 loans.
       Section 231 authorizes the Secretary to transfer up to 5 
     percent of funds among all personnel and non-personnel 
     accounts, but requires written approval for any transfers 
     greater than 5 percent or $5,000,000, whichever is less.
       Section 233 allows the Secretary to transfer funding from 
     salaries and expenses accounts to the Working Capital Fund or 
     the Transformation Initiative for technology improvements.
       Section 234 eliminates an unnecessary transfer from the 
     Rental Housing Assistance Fund to the Flexible Subsidy Fund.

                               TITLE III

                            RELATED AGENCIES

                              ACCESS BOARD


                         SALARIES AND EXPENSES

       The bill provides $7,367,000 for the salaries and expenses 
     of the Access Board. The funds provided over the budget 
     request are to support the additional rulemaking requirements 
     mandated by the Patient Protection and Affordable Care Act 
     (PPACA).

                      FEDERAL MARITIME COMMISSION


                         SALARIES AND EXPENSES

       The bill provides $25,300,000 for the salaries and benefits 
     of the Federal Maritime Commission.

                NATIONAL RAILROAD PASSENGER CORPORATION


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

       The bill provides $20,000,000 for Amtrak's Office of 
     Inspector General.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         SALARIES AND EXPENSES

       The bill provides $104,300,000 for the salaries and 
     expenses of the National Transportation Safety Board (NTSB), 
     of which no more than $2,000 may be used for official 
     reception and representation expenses. Language is included 
     in the bill to ensure that the NTSB can satisfy its 
     contractual obligations and use its fiscal year 2011 
     appropriation to make the lease payments for the Academy.

                 NEIGHBORHOOD REINVESTMENT CORPORATION


          PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

       The bill provides $300,000,000 for the Neighborhood 
     Reinvestment Corporation. This amount includes $125,000,000 
     to continue the National Foreclosure Mitigation Counseling 
     program and $35,000,000 to rehabilitate or finance the 
     rehabilitation of affordable housing.

           UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS


                           OPERATING EXPENSES

       The bill provides $3,930,000 for the Interagency Council on 
     Homelessness. FTEs previously detailed from HUD to ICH have 
     been moved to this account, including all associated funding, 
     in order to accurately reflect the use of staff and 
     resources.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Longstanding general provisions from fiscal year 2010 are 
     continued unless otherwise noted below.
       Section 416 requires DOT and HUD to publish information on 
     grant programs with an annual budget of $100,000,000 or more, 
     including criteria for awarding grants, and justifications 
     for specific awards. Information must be provided when 
     applications are solicited, received and awarded. This 
     provision also applies to projects funded under FTA's 
     ``Energy Efficiency and Greenhouse Gas Reduction Grants'' 
     program.

     TITLE V--EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS

       Title 5 extends surface transportation programs through 
     fiscal year 2011.

                TITLE VI--EXTENSION OF AVIATION PROGRAMS

       Title 6 extends programs of the Federal Aviation 
     Administration through fiscal year 2011.


   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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

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


                       (In thousands of dollars)

New budget (obligational) authority, fiscal year 2010.......$67,929,457
Budget estimates of new (obligational) authority, fiscal year68,836,693
Bill, fiscal year 2011.......................................66,323,173
  Bill compared with:..................................................
  New budget (obligational) authority, fiscal year 2010......-1,606,284
-2,529,520imates of new (obligational) authority, fiscal year 2011...

                          ____________________