[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[Senate]
[Pages 3310-3353]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       At the end of the bill, insert the following:

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

       Notwithstanding any other provision of this Act, the 
     regulations issued pursuant to section 18(b)(1) (relating to 
     the transitional program for covered business-method 
     patents), shall not apply to any covered business-method 
     patent issued before the date of enactment of this Act.
                                 ______
                                 
  SA 147. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 23, to amend title 35, United States Code, to 
provide for patent reform; which was ordered to lie on the table; as 
follows

       At the end of the bill, insert the following:

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

       Notwithstanding any other provision of this Act, the 
     regulations issued pursuant to section 18(b)(1) (relating to 
     the transitional program for covered business-method 
     patents), shall not apply to any patent that--
       (1) has already completed an ex parte or inter partes 
     reexamination by the United States Patent and Trademark 
     Office as of the date of enactment of this Act; or
       (2) has already been the subject of a jury verdict of 
     validity or invalidity as of the date of enactment of this 
     Act.
                                 ______
                                 
  SA 148. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 23, to amend title 35, United States Code, to 
provide for patent reform; which was ordered to lie on the table; as 
follows

       At the end of the bill, insert the following:

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

       Notwithstanding any other provision of this Act, the 
     regulations issued pursuant to section 18(b)(1) (relating to 
     the transitional program for covered business-method 
     patents), shall not apply to any patent that--
       (1) has already completed an ex parte or inter partes 
     reexamination by the United States Patent and Trademark 
     Office as of the date of enactment of this Act;
       (2) has already been the subject of a jury verdict of 
     validity or invalidity as of the date of enactment of this 
     Act; or
       (3) is the subject of a lawsuit alleging infringement of a 
     patent that is pending as of the date of enactment of this 
     Act.
                                 ______
                                 
  SA 149. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

Title I--Military Personnel

[[Page 3311]]

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

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

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

     SEC. 2. REFERENCES.

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,699,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the

[[Page 3312]]

     Secretary of the Air Force, and payments may be made on his 
     certificate of necessity for confidential military purposes, 
     $36,062,989,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

                     (including transfer of funds)

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

                    Environmental Restoration, Navy

                     (including transfer of funds)

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

                  Environmental Restoration, Air Force

                     (including transfer of funds)

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

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

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

[[Page 3313]]

     amounts may be transferred back to this appropriation: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

      Department of Defense Acquisition Workforce Development Fund

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

                     (including transfer of funds)

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long lead time 
     components and designs for vessels to be constructed or 
     converted in the

[[Page 3314]]

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

                        Other Procurement, Navy

                     (including transfer of funds)

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

                     (including transfer of funds)

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

                       Procurement, Defense-Wide

                     (including transfer of funds)

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test

[[Page 3315]]

     and evaluation, including maintenance, rehabilitation, lease, 
     and operation of facilities and equipment, $9,710,998,000, to 
     remain available for obligation until September 30, 2012.

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $26,517,405,000, to remain 
     available for obligation until September 30, 2012.

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002.  During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That, in the case of a host 
     nation that does not provide salary increases on an annual 
     basis, any increase granted by that nation shall be 
     annualized for the purpose of applying the preceding proviso: 
     Provided further, That this section shall not apply to 
     Department of Defense foreign service national employees 
     serving at United States diplomatic missions whose pay is set 
     by the Department of State under the Foreign Service

[[Page 3316]]

     Act of 1980: Provided further, That the limitations of this 
     provision shall not apply to foreign national employees of 
     the Department of Defense in the Republic of Turkey.
       Sec. 8003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004.  No more than 20 percent of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal year shall be obligated during the last 2 
     months of the fiscal year: Provided, That this section shall 
     not apply to obligations for support of active duty training 
     of reserve components or summer camp training of the Reserve 
     Officers' Training Corps.

                          (transfer of funds)

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

                          (transfer of funds)

       Sec. 8008.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award: Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement: 
     Provided further, That none of the funds provided in this Act 
     may be used for a multiyear contract executed after the date 
     of the enactment of this Act unless in the case of any such 
     contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
        Funds appropriated in title III of this Act may be used 
     for a multiyear procurement contract as follows:
        Navy MH-60R/S Helicopter Systems.
       Sec. 8011.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code: Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239: Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8012. (a) During fiscal year 2011, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.

[[Page 3317]]

       (b) The fiscal year 2012 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2012 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2012.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8013.  None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8014.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987: Provided further, 
     That this section applies only to active components of the 
     Army.
       Sec. 8015. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                          (transfer of funds)

       Sec. 8016.  Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act: Provided, 
     That subsection (j) of section 831 of the National Defense 
     Authorization Act for Fiscal Year 1991 is amended by striking 
     ``September 30, 2010'' and inserting ``September 30, 2011'', 
     and by striking ``September 30, 2013'' and inserting 
     ``September 30, 2014''.
       Sec. 8017.  None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section, the term ``manufactured'' shall include cutting, 
     heat treating, quality control, testing of chain and welding 
     (including the forging and shot blasting process): Provided 
     further, That for the purpose of this section substantially 
     all of the components of anchor and mooring chain shall be 
     considered to be produced or manufactured in the United 
     States if the aggregate cost of the components produced or 
     manufactured in the United States exceeds the aggregate cost 
     of the components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8018.  None of the funds available to the Department 
     of Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
     destroy small arms ammunition or ammunition components that 
     are not otherwise prohibited from commercial sale under 
     Federal law, unless the small arms ammunition or ammunition 
     components are certified by the Secretary of the Army or 
     designee as unserviceable or unsafe for further use.
       Sec. 8019.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8020.  In addition to the funds provided elsewhere in 
     this Act, $15,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year: Provided further, That 
     notwithstanding section 430 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8021.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8022.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8023. (a) Of the funds made available in this Act, not 
     less than $30,374,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $27,048,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $2,424,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $902,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by

[[Page 3318]]

     the Civil Air Patrol for counter-drug activities in support 
     of Federal, State, and local government agencies.
       Sec. 8024. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2011 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2011, 
     not more than 5,750 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,125 staff years may be funded for 
     the defense studies and analysis FFRDCs: Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2012 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $125,000,000.
       Sec. 8025.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada: Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate: Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8026.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8027.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8028. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2011. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8029.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8030. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
       Sec. 8031.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8032. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2012 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2012 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2012 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8033.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2012: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and

[[Page 3319]]

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

                             (rescissions)

       Sec. 8040.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2009/2011'', $86,300,000.
       ``Other Procurement, Army, 2009/2011'', $147,600,000.
       ``Aircraft Procurement, Navy, 2009/2011'', $26,100,000.
       ``Aircraft Procurement, Air Force, 2009/2011'', 
     $116,900,000.
       ``Aircraft Procurement, Army, 2010/2012'', $14,000,000.
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2010/2012'', $36,000,000.
       ``Missile Procurement, Army, 2010/2012'', $9,171,000.
       ``Aircraft Procurement, Navy, 2010/2012'', $284,847,000.
       ``Procurement of Ammunition, Navy and Marine Corps, 2010/
     2012'', $11,576,000.
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2010/2014'': DDG-51 Destroyer, $22,000,000.
       ``Other Procurement, Navy, 2010/2012'', $9,042,000.
       ``Aircraft Procurement, Air Force, 2010/2012'', 
     $151,300,000.
       ``Other Procurement, Air Force, 2010/2012'', $36,600,000.
       ``Research, Development, Test and Evaluation, Army, 2010/
     2011'', $53,500,000.
       ``Research, Development, Test and Evaluation, Air Force, 
     2010/2011'', $198,600,000.
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2010/2011'', $10,000,000.
       Sec. 8041.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8042.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8043.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program: Provided, That nothing 
     in this section authorizes deviation from established Reserve 
     and National Guard personnel and training procedures.
       Sec. 8044.  During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8045. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8046.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8047.  None of the funds in this Act may be used to 
     purchase any supercomputer

[[Page 3320]]

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

                     (including transfer of funds)

       Sec. 8051.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8052.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8053. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8054.  Using funds made available by this Act or any 
     other Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern and at the Rhine Ordnance 
     Barracks area, such agreements will include the use of United 
     States anthracite as the base load energy for municipal 
     district heat to the United States Defense installations: 
     Provided further, That at Landstuhl Army Regional Medical 
     Center and Ramstein Air Base, furnished heat may be obtained 
     from private, regional or municipal services, if provisions 
     are included for the consideration of United States coal as 
     an energy source.
       Sec. 8055.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Intelligence 
     Program: Provided further, That the Secretary of Defense may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8056.  None of the funds made available in this Act 
     may be used to approve or license the sale of the F-22A 
     advanced tactical fighter to any foreign government: 
     Provided, That the Department of Defense may conduct or 
     participate in studies, research, design and other activities 
     to define and develop a future export version of the F-22A 
     that protects classified and sensitive information, 
     technologies and U.S. warfighting capabilities.
       Sec. 8057. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8058. (a) None of the funds made available by this Act 
     may be used to support any training program involving a unit 
     of the security forces or police of a foreign country if the 
     Secretary of Defense has received credible information from 
     the Department of State that the unit has committed a gross 
     violation of human rights, unless all necessary corrective 
     steps have been taken.
       (b) The Secretary of Defense, in consultation with the 
     Secretary of State, shall ensure that prior to a decision to 
     conduct any training program referred to in subsection (a), 
     full consideration is given to all credible information 
     available to the Department of State relating to human rights 
     violations by foreign security forces.
       (c) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition in subsection 
     (a) if he determines that such waiver is required by 
     extraordinary circumstances.
       (d) Not more than 15 days after the exercise of any waiver 
     under subsection (c), the Secretary of Defense shall submit a 
     report to

[[Page 3321]]

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

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 8072.  Of the amounts appropriated in this Act under 
     the headings ``Procurement, Defense-Wide'' and ``Research, 
     Development, Test and Evaluation, Defense-Wide'', 
     $415,115,000 shall be for the Israeli Cooperative Programs: 
     Provided, That of this amount, $205,000,000 shall be for the 
     Secretary of Defense to provide to the Government of Israel 
     for the procurement of the Iron Dome defense system to 
     counter short-range rocket threats, $84,722,000 shall be for 
     the Short Range Ballistic Missile Defense (SRBMD) program, 
     including cruise missile defense research and development 
     under the SRBMD program, $58,966,000 shall be available for 
     an upper-tier component to the Israeli Missile Defense 
     Architecture, and $66,427,000 shall be for the Arrow System 
     Improvement Program including development of a long range, 
     ground and airborne, detection suite, of which $12,000,000 
     shall be for producing Arrow missile components in the United 
     States and Arrow missile components in Israel to meet 
     Israel's defense requirements, consistent with each nation's 
     laws, regulations and procedures: Provided further, That 
     funds made available under this provision for production of 
     missiles and missile components may be transferred to 
     appropriations available for the procurement of weapons and 
     equipment, to be merged with and to be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred: Provided further, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority contained in this Act.
       Sec. 8073.  None of the funds available to the Department 
     of Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet: Provided, That the command and control 
     relationships which existed on October 1, 2004,

[[Page 3322]]

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

[[Page 3323]]

       Sec. 8092.  The Secretary of Defense shall create a major 
     force program category for space for each future-years 
     defense program of the Department of Defense submitted to 
     Congress under section 221 of title 10, United States Code, 
     during fiscal year 2011. The Secretary of Defense shall 
     designate an official in the Office of the Secretary of 
     Defense to provide overall supervision of the preparation and 
     justification of program recommendations and budget proposals 
     to be included in such major force program category.
       Sec. 8093. (a) Not later than 60 days after enactment of 
     this Act, the Office of the Director of National Intelligence 
     shall submit a report to the congressional intelligence 
     committees to establish the baseline for application of 
     reprogramming and transfer authorities for fiscal year 2011: 
     Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center and project; and
       (3) an identification of items of special congressional 
     interest.
       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional intelligence 
     committees, unless the Director of National Intelligence 
     certifies in writing to the congressional intelligence 
     committees that such reprogramming or transfer is necessary 
     as an emergency requirement.
       Sec. 8094.  The Director of National Intelligence shall 
     submit to Congress each year, at or about the time that the 
     President's budget is submitted to Congress that year under 
     section 1105(a) of title 31, United States Code, a future-
     years intelligence program (including associated annexes) 
     reflecting the estimated expenditures and proposed 
     appropriations included in that budget. Any such future-years 
     intelligence program shall cover the fiscal year with respect 
     to which the budget is submitted and at least the four 
     succeeding fiscal years.
       Sec. 8095.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.
       Sec. 8096.  The Department of Defense shall continue to 
     report incremental contingency operations costs for Operation 
     New Dawn and Operation Enduring Freedom on a monthly basis in 
     the Cost of War Execution Report as prescribed in the 
     Department of Defense Financial Management Regulation 
     Department of Defense Instruction 7000.14, Volume 12, Chapter 
     23 ``Contingency Operations'', Annex 1, dated September 2005.
       Sec. 8097.  The amounts appropriated in title II of this 
     Act are hereby reduced by $1,983,000,000 to reflect excess 
     cash balances in Department of Defense Working Capital Funds, 
     as follows: (1) From ``Operation and Maintenance, Army'', 
     $700,000,000; and (2) From ``Operation and Maintenance, 
     Defense-Wide'', $1,283,000,000.

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 8099.  Of the funds appropriated in the Intelligence 
     Community Management Account for the Program Manager for the 
     Information Sharing Environment, $24,000,000 is available for 
     transfer by the Director of National Intelligence to other 
     departments and agencies for purposes of Government-wide 
     information sharing activities: Provided, That funds 
     transferred under this provision are to be merged with and 
     available for the same purposes and time period as the 
     appropriation to which transferred: Provided further, That 
     the Office of Management and Budget must approve any 
     transfers made under this provision.
       Sec. 8100.  Funds appropriated by this Act for operation 
     and maintenance may be available for the purpose of making 
     remittances to the Defense Acquisition Workforce Development 
     Fund in accordance with the requirements of section 1705 of 
     title 10, United States Code.
       Sec. 8101. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8102. (a) None of the funds appropriated or otherwise 
     made available by this Act may be expended for any Federal 
     contract for an amount in excess of $1,000,000 unless the 
     contractor agrees not to--
       (1) enter into any agreement with any of its employees or 
     independent contractors that requires, as a condition of 
     employment, that the employee or independent contractor agree 
     to resolve through arbitration any claim under title VII of 
     the Civil Rights Act of 1964 or any tort related to or 
     arising out of sexual assault or harassment, including 
     assault and battery, intentional infliction of emotional 
     distress, false imprisonment, or negligent hiring, 
     supervision, or retention; or
       (2) take any action to enforce any provision of an existing 
     agreement with an employee or independent contractor that 
     mandates that the employee or independent contractor resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) None of the funds appropriated or otherwise made 
     available by this Act may be expended for any Federal 
     contract unless the contractor certifies that it requires 
     each covered subcontractor to agree not to enter into, and 
     not to take any action to enforce any provision of, any 
     agreement as described in paragraphs (1) and (2) of 
     subsection (a), with respect to any employee or independent 
     contractor performing work related to such subcontract. For 
     purposes of this subsection, a ``covered subcontractor'' is 
     an entity that has a subcontract in excess of $1,000,000 on a 
     contract subject to subsection (a).
       (c) The prohibitions in this section do not apply with 
     respect to a contractor's or subcontractor's agreements with 
     employees or independent contractors that may not be enforced 
     in a court of the United States.
       (d) The Secretary of Defense may waive the application of 
     subsection (a) or (b) to a particular contractor or 
     subcontractor for the purposes of a particular contract or 
     subcontract if the Secretary or the Deputy Secretary 
     personally determines that the waiver is necessary to avoid 
     harm to national security interests of the United States, and 
     that the term of the contract or subcontract is not longer 
     than necessary to avoid such harm. The determination shall 
     set forth with specificity the grounds for the waiver and for 
     the contract or subcontract term selected, and shall state 
     any alternatives considered in lieu of a waiver and the 
     reasons each such alternative would not avoid harm to 
     national security interests of the United States. The 
     Secretary of Defense shall transmit to Congress, and 
     simultaneously make public, any determination under this 
     subsection not less than 15 business days before the contract 
     or subcontract addressed in the determination may be awarded.
       (e) By March 1, 2011, or within 60 days after enactment of 
     this Act, whichever is later, the Government Accountability 
     Office shall submit a report to the Congress evaluating the 
     effect that the requirements of this section have had on 
     national security, including recommendations, if any, for 
     changes to these requirements.
       Sec. 8103. (a) Prohibition on Conversion of Functions 
     Performed by Federal Employees to Contractor Performance.--
     None of the funds appropriated by this Act or otherwise 
     available to the Department of Defense may be used to begin 
     or announce the competition to award to a contractor or 
     convert to performance by a contractor any functions 
     performed by Federal employees pursuant to a study conducted 
     under Office of Management and Budget (OMB) Circular A-76.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to the award of a function to a contractor or the 
     conversion of a function to performance by a contractor 
     pursuant to a study conducted under Office of Management and 
     Budget (OMB) Circular A-76 once all reporting and 
     certifications required by section 325 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84) have been satisfactorily completed.
       Sec. 8104. (a)(1) No National Intelligence Program funds 
     appropriated in this Act may be used for a mission critical 
     or mission essential business management information 
     technology system that is not registered with the Director of 
     National Intelligence. A system shall be considered to be 
     registered with that officer upon the furnishing notice of 
     the system, together with such information concerning the 
     system as the Director of the Business Transformation Office 
     may prescribe.
       (2) During the current fiscal year no funds may be 
     obligated or expended for a financial management automated 
     information system, a mixed information system supporting 
     financial and non-financial systems, or a business system 
     improvement of more than

[[Page 3324]]

     $3,000,000, within the Intelligence Community without the 
     approval of the Business Transformation Office, and the 
     designated Intelligence Community functional lead element.
       (b) The Director of the Business Transformation Office 
     shall provide the congressional intelligence committees a 
     semi-annual report of approvals under paragraph (1) no later 
     than March 30 and September 30 of each year. The report shall 
     include the results of the Business Transformation Investment 
     Review Board's semi-annual activities, and each report shall 
     certify that the following steps have been taken for systems 
     approved under paragraph (1):
       (1) Business process reengineering.
       (2) An analysis of alternatives and an economic analysis 
     that includes a calculation of the return on investment.
       (3) Assurance the system is compatible with the enterprise-
     wide business architecture.
       (4) Performance measures.
       (5) An information assurance strategy consistent with the 
     Chief Information Officer of the Intelligence Community.
       (c) This section shall not apply to any programmatic or 
     analytic systems or programmatic or analytic system 
     improvements.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

[[Page 3325]]

     on Appropriations of the House and Senate, the House 
     Committee on Agriculture, the Senate Committee on 
     Agriculture, Nutrition and Forestry, the House Committee on 
     Natural Resources, and the Senate Committee on Energy and 
     Natural Resources a report of firefighting aviation assets. 
     The report required under this section shall include each of 
     the following:
       (1) A description of the programming details necessary to 
     obtain an appropriate mix of fixed wing and rotor wing 
     firefighting assets needed to produce an effective aviation 
     resource base to support the wildland fire management program 
     into the future. Such programming details shall include the 
     acquisition and contracting needs of the mix of aviation 
     resources fleet, including the acquisition of up to 24 C-
     130Js equipped with the Mobile Airborne Fire Fighting System 
     II (in this section referred to as ``MAFFS''), to be acquired 
     over several fiscal years starting in fiscal year 2012.
       (2) The costs associated with acquisition and contracting 
     of the aviation assets described in paragraph (1).
       (3) A description of the costs of the operation, 
     maintenance, and sustainment of a fixed and rotor wing 
     aviation fleet, including a C-130J/MAFFS II in an Air 
     National Guard tactical airlift unit construct of 4, 6, or 8 
     C-130Js per unit starting in fiscal year 2012, projected out 
     through fiscal year 2020. Such description shall include the 
     projected costs associated with each of the following through 
     fiscal year 2020:
       (A) Crew ratio based on 4, 6, or 8 C-130J Air National 
     Guard unit construct and requirement for full-time equivalent 
     crews.
       (B) Associated maintenance and other support personnel and 
     requirement for full-time equivalent positions.
       (C) Yearly flying hour model and the cost for use of a 
     fixed and rotor wing aviation fleet, including C-130J in its 
     MAFFS capacity supporting the United States Forest Service.
       (D) Yearly flying hour model and cost for use of a C-130J 
     in its capacity supporting Air National Guard tactical 
     airlift training.
       (E) Any other costs required to conduct both the airlift 
     and firefighting missions, including the Air National Guard 
     unit construct for C-130Js.
       (4) Proposed program management, utilization, and cost 
     share arrangements for the aircraft described in paragraph 
     (1) for primary support of the Forest Service and secondary 
     support, on an as available basis, for the Department of 
     Defense, together with any proposed statutory language needed 
     to authorize and effectuate the same.
       (5) An integrated plan for the Forest Service and the 
     Department of the Interior wildland fire management programs 
     to operate the fire fighting air tanker assets referred to in 
     this section.
       Sec. 8117.  Notwithstanding any other provision of this 
     division, to reflect savings from revised economic 
     assumptions, the total amount appropriated in title II of 
     this division is hereby reduced by $469,000,000, the total 
     amount appropriated in title III of this division is hereby 
     reduced by $497,000,000, and the total amount appropriated in 
     title IV of this division is hereby reduced by $336,000,000: 
     Provided, That the Secretary of Defense shall allocate this 
     reduction proportionally to each budget activity, activity 
     group, subactivity group, and each program, project, and 
     activity, within each appropriation account.
       Sec. 8118.  The total amount available in this division for 
     pay for civilian personnel of the Department of Defense for 
     fiscal year 2011 shall be the amount otherwise appropriated 
     or made available by this division for such pay reduced by 
     $723,000,000.
       Sec. 8119.  The explanatory statement regarding this 
     division, printed in the Senate section of the Congressional 
     Record on or about March 4, 2011, by the Chairman of the 
     Committee on Appropriations of the Senate, shall have the 
     same effect with respect to the allocation of funds and 
     implementation of this division as if it were a Report of the 
     Committee on Appropriations.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $12,989,643,000:

[[Page 3326]]

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

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $9,276,990,000: Provided, That each amount in 
     this section is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010: Provided further, That of 
     the funds provided under this heading:
       (1) Not to exceed $12,500,000 for the Combatant Commander 
     Initiative Fund, to be used in support of Operation New Dawn 
     and Operation Enduring Freedom.
       (2) Not to exceed $1,600,000,000, to remain available until 
     expended, for payments to reimburse key cooperating nations 
     for logistical, military, and other support, including access 
     provided to United States military operations in support of 
     Operation New Dawn and Operation Enduring Freedom, 
     notwithstanding any other provision of law: Provided, That 
     such reimbursement payments may be made in such amounts as 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees: Provided further, That the requirement to provide 
     notification shall not apply with respect to a reimbursement 
     for access based on an international agreement: Provided 
     further, That these funds may be used for the purpose of 
     providing specialized training and procuring supplies and 
     specialized equipment and providing such supplies and loaning 
     such equipment on a non-reimbursable basis to coalition 
     forces supporting United States military operations in Iraq 
     and Afghanistan, and 15 days following notification to the 
     appropriate congressional committees: Provided further, That 
     the Secretary of Defense shall provide quarterly reports to 
     the congressional defense committees on the use of funds 
     provided in this paragraph.

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

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

                    Afghanistan Security Forces Fund

       For the ``Afghanistan Security Forces Fund'', 
     $11,619,283,000, to remain available until September 30, 
     2012: Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, for the purpose of allowing the Commander, Combined 
     Security Transition Command--Afghanistan, or the Secretary's 
     designee, to provide assistance, with the concurrence of the 
     Secretary of State, to the security forces of Afghanistan, 
     including the provision of equipment, supplies, services, 
     training, facility and infrastructure repair, renovation, and 
     construction, and funding: Provided further, That the 
     authority to provide assistance under this heading is in 
     addition to any other authority to provide assistance to 
     foreign nations: Provided further, That up to $15,000,000 of 
     these funds may be available for coalition police trainer 
     life support costs: Provided further, That contributions of 
     funds for the purposes provided herein from any person, 
     foreign government, or international organization may be 
     credited to this Fund and used for such purposes: Provided 
     further, That the Secretary of Defense

[[Page 3327]]

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

                       Iraq Security Forces Fund

       For the ``Iraq Security Forces Fund'', $1,500,000,000, to 
     remain available until September 30, 2012: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, United States Forces-Iraq, or the 
     Secretary's designee, to provide assistance, with the 
     concurrence of the Secretary of State, to the security forces 
     of Iraq, including the provision of equipment, supplies, 
     services, training, facility and infrastructure repair, and 
     renovation: Provided further, That the authority to provide 
     assistance under this heading is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That contributions of funds for the purposes 
     provided herein from any person, foreign government, or 
     international organization may be credited to this Fund and 
     used for such purposes: Provided further, That the Secretary 
     shall notify the congressional defense committees in writing 
     upon the receipt and upon the obligation of any contribution, 
     delineating the sources and amounts of the funds received and 
     the specific use of such contributions: Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to obligating from this appropriation account, notify 
     the congressional defense committees in writing of the 
     details of any such obligation: Provided further, That the 
     Secretary of Defense shall notify the congressional defense 
     committees of any proposed new projects or transfer of funds 
     between budget sub-activity groups in excess of $20,000,000: 
     Provided further, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

[[Page 3328]]



                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For the Mine Resistant Ambush Protected Vehicle Fund, 
     $3,415,000,000, to remain available until September 30, 2012: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, to 
     procure, sustain, transport, and field Mine Resistant Ambush 
     Protected vehicles: Provided further, That the Secretary 
     shall transfer such funds only to appropriations made 
     available in this or any other Act for operation and 
     maintenance; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purpose provided herein: Provided further, That such 
     transferred funds shall be merged with and be available for 
     the same purposes and the same time period as the 
     appropriation to which transferred: Provided further, That 
     this transfer authority is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the Secretary shall, not fewer than 10 days 
     prior to making transfers from this appropriation, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

                     (including transfer of funds)

       Sec. 9002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may, with the approval of the Office 
     of Management and Budget, transfer up to $4,000,000,000 
     between the appropriations or funds made available to the 
     Department of Defense in this title: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is

[[Page 3329]]

     subject to the same terms and conditions as the authority 
     provided in the Department of Defense Appropriations Act, 
     2011.
       Sec. 9003.  Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance or the ``Afghanistan 
     Security Forces Fund'' provided in this Act and executed in 
     direct support of overseas contingency operations in 
     Afghanistan, may be obligated at the time a construction 
     contract is awarded: Provided, That for the purpose of this 
     section, supervision and administration costs include all in-
     house Government costs.
       Sec. 9004.  From funds made available in this title, the 
     Secretary of Defense may purchase for use by military and 
     civilian employees of the Department of Defense in Iraq and 
     Afghanistan: (a) passenger motor vehicles up to a limit of 
     $75,000 per vehicle; and (b) heavy and light armored vehicles 
     for the physical security of personnel or for force 
     protection purposes up to a limit of $250,000 per vehicle, 
     notwithstanding price or other limitations applicable to the 
     purchase of passenger carrying vehicles.
       Sec. 9005.  Not to exceed $500,000,000 of the amount 
     appropriated in this title under the heading ``Operation and 
     Maintenance, Army'' may be used, notwithstanding any other 
     provision of law, to fund the Commander's Emergency Response 
     Program (CERP), for the purpose of enabling military 
     commanders in Iraq and Afghanistan to respond to urgent, 
     small scale, humanitarian relief and reconstruction 
     requirements within their areas of responsibility: Provided, 
     That projects (including any ancillary or related elements in 
     connection with such project) executed under this authority 
     shall not exceed $20,000,000: Provided further, That not 
     later than 45 days after the end of each fiscal year quarter, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report regarding the source of funds and 
     the allocation and use of funds during that quarter that were 
     made available pursuant to the authority provided in this 
     section or under any other provision of law for the purposes 
     described herein: Provided further, That, not later than 30 
     days after the end of each month, the Army shall submit to 
     the congressional defense committees monthly commitment, 
     obligation, and expenditure data for the Commander's 
     Emergency Response Program in Iraq and Afghanistan: Provided 
     further, That not less than 15 days before making funds 
     available pursuant to the authority provided in this section 
     or under any other provision of law for the purposes 
     described herein for a project with a total anticipated cost 
     for completion of $5,000,000 or more, the Secretary shall 
     submit to the congressional defense committees a written 
     notice containing each of the following:
       (1) The location, nature and purpose of the proposed 
     project, including how the project is intended to advance the 
     military campaign plan for the country in which it is to be 
     carried out.
       (2) The budget, implementation timeline with milestones, 
     and completion date for the proposed project, including any 
     other CERP funding that has been or is anticipated to be 
     contributed to the completion of the project.
       (3) A plan for the sustainment of the proposed project, 
     including the agreement with either the host nation, a non-
     Department of Defense agency of the United States Government 
     or a third party contributor to finance the sustainment of 
     the activities and maintenance of any equipment or facilities 
     to be provided through the proposed project.
       Sec. 9006.  Funds available to the Department of Defense 
     for operation and maintenance may be used, notwithstanding 
     any other provision of law, to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to coalition forces supporting military 
     and stability operations in Iraq and Afghanistan: Provided, 
     That the Secretary of Defense shall provide quarterly reports 
     to the congressional defense committees regarding support 
     provided under this section.
       Sec. 9007.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       (3) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 9008.  None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9009. (a) The Secretary of Defense shall submit to the 
     congressional defense committees not later than 45 days after 
     the end of each fiscal quarter a report on the proposed use 
     of all funds appropriated by this or any prior Act under each 
     of the headings Iraq Security Forces Fund, Afghanistan 
     Security Forces Fund, Afghanistan Infrastructure Fund, and 
     Pakistan Counterinsurgency Fund on a project-by-project 
     basis, for which the obligation of funds is anticipated 
     during the 3-month period from such date, including estimates 
     for the accounts referred to in this section of the costs 
     required to complete each such project.
       (b) The report required by this subsection shall include 
     the following:
       (1) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     subsection (a) were obligated prior to the submission of the 
     report, including estimates for the accounts referred to in 
     subsection (a) of the costs to complete each project.
       (2) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in subsection (a) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from other headings in prior appropriations Acts, 
     including estimates for the accounts referred to in 
     subsection (a) of the costs to complete each project.
       (3) An estimated total cost to train and equip the Iraq, 
     Afghanistan, and Pakistan security forces, disaggregated by 
     major program and sub-elements by force, arrayed by fiscal 
     year.
       Sec. 9010.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000: Provided, That, upon determination by the 
     Secretary of Defense that such action is necessary to meet 
     the operational requirements of a Commander of a Combatant 
     Command engaged in contingency operations overseas, such 
     funds may be used to purchase items having an investment item 
     unit cost of not more than $500,000.

                     (including transfer of funds)

       Sec. 9011.  Of the funds appropriated by this Act for the 
     Office of the Director of National Intelligence, $3,375,000 
     is available, as specified in the classified annex, for 
     transfer to other departments and agencies of the Federal 
     Government.
       Sec. 9012. (a) The Task Force for Business and Stability 
     Operations in Afghanistan may, subject to the direction and 
     control of the Secretary of Defense and with the concurrence 
     of the Secretary of State, carry out projects in fiscal year 
     2011 to assist the commander of the United States Central 
     Command in developing a link between United States military 
     operations in Afghanistan under Operation Enduring Freedom 
     and the economic elements of United States national power in 
     order to reduce violence, enhance stability, and restore 
     economic normalcy in Afghanistan through strategic business 
     and economic opportunities.
       (b) The projects carried out under paragraph (a) may 
     include projects that facilitate private investment, 
     industrial development, banking and financial system 
     development, agricultural diversification and revitalization, 
     and energy development in and with respect to Afghanistan.
       (c) The Secretary may use up to $150,000,000 of the funds 
     available for overseas contingency operations in ``Operation 
     and Maintenance, Army'' for additional activities to carry 
     out projects under paragraph (a).
       Sec. 9013. (a) Not more than 85 percent of the funds 
     provided in this title for Operation and Maintenance may be 
     available for obligation or expenditure until the date on 
     which the Secretary of Defense submits the report under 
     subsection (b).
       (b) Not later than 120 days after the date of the enactment 
     of this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on contractor 
     employees in the United States Central Command, including--
       (1) the number of employees of a contractor awarded a 
     contract by the Department of Defense (including 
     subcontractor employees) who are employed at the time of the 
     report in the area of operations of the United States Central 
     Command, including a list of the number of such employees in 
     each of Iraq, Afghanistan, and all other areas of operations 
     of the United States Central Command; and
       (2) for each fiscal year quarter beginning on the date of 
     the report and ending on September 30, 2012--
       (A) the number of such employees planned by the Secretary 
     to be employed during each such period in each of Iraq, 
     Afghanistan, and all other areas of operations of the United 
     States Central Command; and
       (B) an explanation of how the number of such employees 
     listed under subparagraph

[[Page 3330]]

     (A) relates to the planned number of military personnel in 
     such locations.
       Sec. 9014.  From funds made available in this title to the 
     Department of Defense for operation and maintenance, up to 
     $129,100,000 may be used by the Secretary of Defense, 
     notwithstanding any other provision of law, to support the 
     United States Government transition activities in Iraq by 
     undertaking facilities renovation and construction associated 
     with establishing Office of Security Cooperation locations, 
     at no more than four sites, in Iraq: Provided, That not less 
     than 15 days before making funds available pursuant to the 
     authority provided in this section, the Secretary shall 
     submit to the congressional defense committees a written 
     notice containing a detailed justification and timeline for 
     each proposed site and the source of funds.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2011''.

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

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

                                TITLE I

                           GENERAL PROVISIONS

       Sec. 1101. (a) Such amounts as may be necessary, at the 
     level specified in subsection (c) and under the authority and 
     conditions provided in applicable appropriations Acts for 
     fiscal year 2010, for projects or activities (including the 
     costs of direct loans and loan guarantees) that are not 
     otherwise specifically provided for, and for which 
     appropriations, funds, or other authority were made available 
     in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2010 
     (Public Law 111-80).
       (2) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85).
       (3) The Department of Homeland Security Appropriations Act, 
     2010 (Public Law 111-83) and section 601 of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212).
       (4) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2010 (division A of 
     Public Law 111-88).
       (5) The Legislative Branch Appropriations Act, 2010 
     (division A of Public Law 111-68).
       (6) The Consolidated Appropriations Act, 2010 (Public Law 
     111-117).
       (7) Section 102(c) (except the last proviso relating to 
     waiver of fees) of chapter 1 of title I of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212) that addresses 
     guaranteed loans in the rural housing insurance fund.
       (b) For purposes of this division, the term ``level'' means 
     an amount.
       (c) The level referred to in subsection (a) shall be the 
     amounts appropriated in the appropriations Acts referred to 
     in such subsection, including transfers and obligation 
     limitations, except that--
       (1) such level shall not include any amount previously 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010; and
       (2) such level shall be calculated without regard to any 
     rescission or cancellation of funds or contract authority.
       Sec. 1102.  Appropriations made by section 1101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 1103.  Appropriations provided by this division that, 
     in the applicable appropriations Act for fiscal year 2010, 
     carried a multiple-year or no-year period of availability 
     shall retain a comparable period of availability.
       Sec. 1104.  Except as otherwise expressly provided in this 
     division, the requirements, authorities, conditions, 
     limitations, and other provisions of the appropriations Acts 
     referred to in section 1101(a) shall continue in effect 
     through the date specified in section 1106.
       Sec. 1105.  No appropriation or funds made available or 
     authority granted pursuant to section 1101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were specifically 
     prohibited during fiscal year 2010.
       Sec. 1106.  Unless otherwise provided for in this division 
     or in the applicable appropriations Act, appropriations and 
     funds made available and authority granted pursuant to this 
     division shall be available through September 30, 2011.
       Sec. 1107.  Expenditures made pursuant to the Continuing 
     Appropriations Act, 2011 (Public Law 111-242), shall be 
     charged to the applicable appropriation, fund, or 
     authorization provided by this division.
       Sec. 1108.  Funds appropriated by this division may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).
       Sec. 1109. (a) With respect to any discretionary account 
     for which advance appropriations were provided for fiscal 
     year 2011 or 2012 in an appropriations Act for fiscal year 
     2010, in addition to amounts otherwise made available by this 
     Act, advance appropriations are provided in the same amount 
     for fiscal year 2012 or 2013, respectively, with a comparable 
     period of availability.
       (b) In addition to amounts provided by subsection (a), an 
     additional amount is provided for the following accounts in 
     the amounts specified:
       (1) ``Department of Veterans Affairs, Medical Services'', 
     $2,513,985,000, which shall become available on October 1, 
     2011, and shall remain available until September 30, 2012.
       (2) ``Department of Veterans Affairs, Medical Support and 
     Compliance'', $228,000,000, which shall become available on 
     October 1, 2011, and shall remain available until September 
     30, 2012.
       (c) Notwithstanding subsection (a), amounts are provided 
     for ``Department of Veterans Affairs, Medical Facilities'' in 
     the amount of $5,426,000,000, which shall become available on 
     October 1, 2011, and shall remain available until September 
     30, 2012.
       Sec. 1110.  Amounts incorporated by reference in this 
     division that were previously designated as available for 
     overseas deployments and other activities pursuant to S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010, are designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress).
       Sec. 1111. (a) For entitlements and other mandatory 
     payments whose budget authority was provided in 
     appropriations Acts for fiscal year 2010, and for activities 
     under the Food and Nutrition Act of 2008, the levels 
     established by section 1101 shall be the amounts necessary to 
     maintain program levels under current law and under the 
     authority and conditions provided in the applicable 
     appropriations Acts for fiscal year 2010.
       (b) In addition to the amounts otherwise provided by 
     section 1101, the following amounts shall be available for 
     the following accounts for advance payments for the first 
     quarter of fiscal year 2012:
       (1) ``Department of Labor, Employment Standards 
     Administration, Special Benefits for Disabled Coal Miners'', 
     for benefit payments under title IV of the Federal Mine 
     Safety and Health Act of 1977, $41,000,000, to remain 
     available until expended.
       (2) ``Department of Health and Human Services, Centers for 
     Medicare and Medicaid Services, Grants to States for 
     Medicaid'', for payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act, $86,445,289,000, to remain available until 
     expended.
       (3) ``Department of Health and Human Services, 
     Administration for Children and Families, Payments to States 
     for Child Support Enforcement and Family Support Programs'', 
     for payments to States or other non-Federal entities under 
     titles I, IV-D, X, XI, XIV, and XVI of the Social Security 
     Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $1,200,000,000, to remain available until expended.
       (4) ``Department of Health and Human Services, 
     Administration for Children and Families, Payments to States 
     for Foster Care and Permanency'', for payments to States or 
     other non-Federal entities under title IV-E of the Social 
     Security Act, $1,850,000,000.
       (5) ``Social Security Administration, Supplemental Security 
     Income Program'', for benefit payments under title XVI of the 
     Social Security Act, $13,400,000,000, to remain available 
     until expended.
       Sec. 1112.  Any language specifying an earmark in an 
     appropriations Act for fiscal year 2010, or in a committee 
     report or joint explanatory statement accompanying such an 
     Act, shall have no legal effect with respect to funds 
     appropriated by this division. For purposes of this section, 
     the term ``earmark'' means a congressional earmark or 
     congressionally directed spending item, as defined in clause 
     9(e) of rule XXI of the Rules of the House of Representatives 
     and paragraph 5(a) of rule XLIV of the Standing Rules of the 
     Senate.
       Sec. 1113. (a) Up to $2,650,000,000 of amounts made 
     available by this division, shall be available for transfer 
     by the head of the agency to the extent necessary to avoid 
     furloughs or reductions in force, or to provide funding 
     necessary for programs and activities required by law: 
     Provided, That such transfers may not result in the 
     termination of programs, projects or activities: Provided 
     further, That such transfers shall be subject to the approval 
     of the House and Senate Appropriations Committees.
       (b) The authorities provided by subsection (a) of this 
     section shall be in addition to any other transfer authority 
     provided elsewhere in this statute.
       Sec. 1114.  Section 1(b)(2) of the Passport Act of June 4, 
     1920 (22 U.S.C. 214(b)(2)) shall

[[Page 3331]]

     be applied by substituting the date specified in section 1106 
     of this division for ``September 30, 2010''.
       Sec. 1115. (a) Section 1115(d) of Public Law 111-32 shall 
     be applied by substituting the date specified in section 1106 
     of this division for ``October 1, 2010''.
       (b) Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) shall be applied by substituting the date 
     specified in section 1106 of this division for ``October 1, 
     2010'' in paragraph (2).
       (c) Section 61(a) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733(a)) shall be applied by 
     substituting the date specified in section 1106 of this 
     division for ``October 1, 2010'' in paragraph (2).
       (d) Section 625(j)(1) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2385(j)(1)) shall be applied by substituting the 
     date specified in section 1106 of this division for ``October 
     1, 2010'' in subparagraph (B).
       Sec. 1116.  The authority provided by section 1334 of the 
     Foreign Affairs Reform and Restructuring Act of 1998 (22 
     U.S.C. 6553) shall remain in effect through the date 
     specified in section 1106 of this division.

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

       Sec. 1201.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agriculture Buildings and Facilities 
     and Rental Payments'' shall be $261,608,000, of which 
     $178,470,000 shall be available for payments to the General 
     Services Administration for rent; of which $13,800,000 shall 
     be for payment to the Department of Homeland Security for 
     building security activities; and of which $69,338,000 shall 
     be for buildings operations and maintenance expenses.
       Sec. 1202.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Departmental Administration'' shall 
     be $29,706,000.
       Sec. 1203.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Agricultural Statistics 
     Service'' shall be $156,761,000: Provided, That the amounts 
     included under such heading in Public Law 111-80 shall be 
     applied to funds appropriated by this division by 
     substituting ``$33,139,000'' for ``$37,908,000''.
       Sec. 1204.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agricultural Research Service, 
     Salaries and Expenses'' shall be $1,158,215,000.
       Sec. 1205.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agricultural Research Service, 
     Buildings and Facilities'' shall be $0.
       Sec. 1206.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Institute of Food and 
     Agriculture, Research and Education Activities'' shall be 
     $730,000,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division as follows: by substituting 
     ``$253,943,000'' for ``$215,000,000''; by substituting 
     ``$32,000,000'' for ``$29,000,000''; by substituting 
     ``$51,000,000'' for ``$48,500,000''; by substituting 
     ``$280,000,000'' for ``$262,482,000''; by substituting 
     ``$2,844,000'' for ``$89,029,000''; by substituting 
     ``$19,100,000'' for ``$18,250,000''; and by substituting 
     ``$11,253,000'' for ``$45,122,000''.
       Sec. 1207.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Institute of Food and 
     Agriculture, Extension Activities'' shall be $487,801,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$302,209,000'' 
     for ``$297,500,000'' and by substituting ``$8,565,000'' for 
     ``$20,396,000''.
       Sec. 1208.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Institute of Food and 
     Agriculture, Integrated Activities'' shall be $50,173,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$0'' for 
     ``$4,096,000''; by substituting ``$0'' for ``$4,388,000''; 
     and by substituting ``$0'' for ``$1,365,000''.
       Sec. 1209.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Animal and Plant Health Inspection 
     Service, Salaries and Expenses'' shall be $885,000,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division by substituting ``$45,219,000'' for 
     ``$60,243,000''.
       Sec. 1210.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Animal and Plant Health Inspection 
     Service, Buildings and Facilities'' shall be $4,536,000.
       Sec. 1211.  The amounts included under the heading 
     ``Agricultural Programs, Agricultural Marketing Service, 
     Funds for Strengthening Markets, Income, and Supply (Section 
     32)'' in Public Law 111-80 shall be applied to funds 
     appropriated by this division by substituting ``$0'' for 
     ``$10,000,000''.
       Sec. 1212.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Grain Inspection, Packers and 
     Stockyards Administration, Salaries and Expenses'' shall be 
     $42,353,000.
       Sec. 1213.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Grain Inspection, Packers and 
     Stockyards Administration, Limitation on Inspection and 
     Weighing Services Expenses'', $50,000,000.
       Sec. 1214.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Food Safety and Inspection Service'' 
     shall be $1,011,393,000.
       Sec. 1215.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Farm Service Agency, Salaries and 
     Expenses'' shall be $1,230,000,000.
       Sec. 1216.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Farm Service Agency, State Mediation 
     Grants'' shall be $4,185,000.
       Sec. 1217.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Farm Service Agency, Grassroots 
     Source Water Protection Program'' shall be $4,250,000.
       Sec. 1218.  The amounts included under the heading 
     ``Agricultural Programs, Farm Service Agency, Agricultural 
     Credit Insurance Fund Program Account'' in Public Law 111-80 
     shall be applied to funds appropriated by this division as 
     follows: by substituting ``$1,975,000,000'' for 
     ``$2,150,000,000''; by substituting ``$475,000,000'' for 
     ``$650,000,000''; by substituting ``$2,594,035,000'' for 
     ``$2,670,000,000''; by substituting ``$950,000,000'' for 
     ``$1,000,000,000''; by substituting ``$144,035,000'' for 
     ``$170,000,000''; by substituting ``$0'' for 
     ``$150,000,000''; by substituting ``$0'' for ``$75,000,000'' 
     the first and second place it appears; by substituting 
     ``$38,570,000'' for ``$32,070,000''; by substituting 
     ``$32,870,000'' for ``$26,520,000''; by substituting 
     ``$5,700,000'' for ``$5,550,000''; by substituting 
     ``$112,410,000'' for ``$106,402,000''; by substituting 
     ``$34,950,000'' for ``$35,100,000''; by substituting 
     ``$19,920,000'' for ``$23,902,000''; by substituting 
     ``$57,540,000'' for ``$47,400,000''; by substituting ``$0'' 
     for ``$1,343,000''; by substituting ``$0'' for 
     ``$1,065,000''; by substituting ``$0'' for ``$278,000''; and 
     by substituting ``$214,000'' for ``$793,000''. Funds 
     appropriated by this division to such heading for farm 
     ownership and operating direct and guaranteed loans may be 
     transferred among these programs: Provided, That the 
     Secretary of Agriculture shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     at least 15 days in advance of any transfer.
       Sec. 1219.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Conservation Operations'' shall be $850,247,000.
       Sec. 1220.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Watershed and Flood Prevention Operations'' shall be 
     $0.
       Sec. 1221.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Watershed Rehabilitation Program'' shall be $0.
       Sec. 1222.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Resource Conservation and Development'' shall be 
     $25,000,000.
       Sec. 1223.  The amounts included under the heading ``Rural 
     Development Programs, Rural Housing Service, Rural Housing 
     Insurance Fund Program Account'' in Public Law 111-80 for 
     gross obligations for the principal amount of direct and 
     guaranteed loans as authorized by title V of the Housing Act 
     of 1949 shall be applied to funds appropriated by this 
     division by substituting ``$25,121,488,000'' for 
     ``$13,121,488,000''; by substituting ``$24,000,000,000'' for 
     ``$12,000,000,000''; by substituting ``$23,360,000'' for 
     ``$34,412,000''; by substituting ``$15,325,000'' for 
     ``$129,090,000''; and by substituting ``$5,052,000'' for 
     $5,045,000''.
       Sec. 1224.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for the cost of 
     direct and guaranteed loans, including the cost of modifying 
     loans, authorized by section 502 of the Housing Act of 1949 
     shall be $70,205,000: Provided, That the amounts included for 
     such costs under such heading in Public Law 111-80 shall be 
     applied to funds appropriated by this division by 
     substituting ``$70,205,000'' for ``$40,710,000'' in the case 
     of direct loans and by substituting ``$0'' for 
     ``$172,800,000'' in the case of unsubsidized guaranteed 
     loans.
       Sec. 1225.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account,'' for the cost of 
     repair, rehabilitation, and new construction of section 515 
     rental housing shall be $23,446,000.
       Sec. 1226.  In addition to amounts otherwise appropriated 
     or made available by this division, there is appropriated to 
     the Secretary of Agriculture $288,000 for section 523 self-
     help housing land development loans authorized by section 523 
     of the Housing Act of 1949 and $294,000 for site development 
     loans authorized by section 524 of such Act.
       Sec. 1227.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for administrative 
     expenses necessary to carry out the direct and guaranteed 
     loan programs shall be $458,313,000.
       Sec. 1228.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rental 
     Assistance Program'' shall be $964,665,000: Provided, That 
     the amounts included under such heading in

[[Page 3332]]

     Public Law 111-80 shall be applied to funds appropriated by 
     this division by substituting ``$3,000,000'' for 
     ``$3,400,000''.
       Sec. 1229.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Multi-
     Family Housing Revitalization Program Account'' shall be 
     $40,791,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division by substituting ``$14,000,000'' 
     for ``$16,400,000''.
       Sec. 1230.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Mutual 
     And Self-Help Housing Grants'' shall be $37,000,000.
       Sec. 1231.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Assistance Grants'' shall be $40,400,000: Provided, 
     That the amounts included under such heading in Public Law 
     111-80 shall be applied to funds appropriated by this 
     division by substituting ``$0'' for ``$4,000,000''.
       Sec. 1232.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Community Facilities Program Account'' shall be $48,091,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division by substituting ``$7,000,000'' for 
     ``$13,902,000''.
       Sec. 1233.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Business Program Account'' shall be 
     $89,178,000.
       Sec. 1234.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Development Loan Fund Program Account'' for 
     the principal amount of direct loans as authorized by the 
     Rural Development Loan Fund shall be $21,939,000.
       Sec. 1235.  Notwithstanding section 1101, of the funds 
     derived from interest on the cushion of credit payments, as 
     authorized by section 313 of the Rural Electrification Act of 
     1936, $44,463,000 shall not be obligated and $44,463,000 are 
     rescinded.
       Sec. 1236.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Cooperative Development Grants'' shall be 
     $34,554,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division by substituting ``$0'' for 
     ``$300,000'' and ``$2,800,000'' shall have no legal effect.
       Sec. 1237.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Microenterprise Investment Program Account'' 
     shall be $0.
       Sec. 1238.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Energy for America Program'' shall be 
     $25,010,000.
       Sec. 1239.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, Rural 
     Water and Waste Disposal Program Account'' shall be 
     $566,230,000: Provided, That the amounts under such heading 
     in Public Law 111-80 shall be applied by substituting 
     ``$15,000,000'' for ``$17,500,000.''
       Sec. 1240.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, Rural 
     Electrification and Telecommunications Loans Program 
     Account'' for the cost of guaranteed underwriting loans 
     pursuant to section 313A shall be $700,000.
       Sec. 1241.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, Rural 
     Electrification and Telecommunications Loans Program 
     Account'' for administrative expenses necessary to carry out 
     the direct and guaranteed loan programs shall be $38,374,000.
       Sec. 1242.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, 
     Distance Learning, Telemedicine, and Broadband Program'' for 
     the cost of grants for telemedicine and distance learning 
     services in rural areas, as authorized by 7 U.S.C. 950aaa et 
     seq. shall be $35,000,000.
       Sec. 1243.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, 
     Distance Learning, Telemedicine, and Broadband Program'' for 
     the cost of broadband loans, as authorized by section 601 of 
     the Rural Electrification Act shall be $22,320,000.
       Sec. 1244.  The amounts included under the heading 
     ``Domestic Food Programs, Food and Nutrition Service, Child 
     Nutrition Programs'' in Public Law 111-80 shall be applied to 
     funds appropriated by this division by substituting ``$0'' 
     for ``$1,000,000'' and by substituting ``$4,000,000'' for 
     ``$5,000,000'', and shall be applied to funds made available 
     under section 32 by substituting ``$5,277,574,000'' for 
     ``$6,747,877,000'' and substituting ``$0'' for 
     ``$242,022,000''.
       Sec. 1245.  Notwithstanding section 1101, the level for 
     ``Domestic Food Programs, Food and Nutrition Service, Special 
     Supplemental Nutrition Program for Women, Infants, and 
     Children (WIC)'' shall be $6,852,522,000: Provided, That the 
     amounts included under such heading in Public Law 111-80 
     shall be applied to funds appropriated by this division by 
     substituting ``$35,000,000'' for ``$60,000,000''.
       Sec. 1246.  Notwithstanding section 1101, the level for 
     ``Domestic Food Programs, Food and Nutrition Service, 
     Commodity Assistance Program'', shall be $251,619,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division by substituting ``$0'' for ``$6,000,000''.
       Sec. 1247.  Notwithstanding section 1101, the level for 
     ``Domestic Food Programs, Food and Nutrition Service, 
     Nutrition Programs Administration'' shall be $150,801,000.
       Sec. 1248.  Notwithstanding section 1101, the level for 
     ``Foreign Assistance and Related Programs, Foreign 
     Agricultural Service, Salaries and Expenses'' shall be 
     $194,367,000.
       Sec. 1249.  Notwithstanding section 1101, the level for 
     ``Related Agencies and Food and Drug Administration, Food and 
     Drug Administration, Salaries and Expenses'' shall be 
     $3,707,611,000: Provided, That of the amount provided under 
     this heading, $667,057,000 shall be derived from prescription 
     drug user fees authorized by 21 U.S.C. 379h, shall be 
     credited to this account and remain available until expended, 
     and shall not include any fees pursuant to 21 U.S.C. 
     379h(a)(2) and (a)(3) assessed for fiscal year 2012 but 
     collected in fiscal year 2011; $61,860,000 shall be derived 
     from medical device user fees authorized by 21 U.S.C. 379j, 
     and shall be credited to this account and remain available 
     until expended; $19,448,000 shall be derived from animal drug 
     user fees authorized by 21 U.S.C. 379j, and shall be credited 
     to this account and remain available until expended; 
     $5,397,000 shall be derived from animal generic drug user 
     fees authorized by 21 U.S.C. 379f, and shall be credited to 
     this account and shall remain available until expended; and 
     $450,000,000 shall be derived from tobacco product user fees 
     authorized by 21 U.S.C. 387s and shall be credited to this 
     account and remain available until expended: Provided 
     further, That in addition and notwithstanding any other 
     provision under this heading, amounts collected for 
     prescription drug user fees that exceed the fiscal year 2011 
     limitation are appropriated and shall be credited to this 
     account and remain available until expended: Provided 
     further, That fees derived from prescription drug, medical 
     device, animal drug, animal generic drug, and tobacco product 
     assessments for fiscal year 2011 received during fiscal year 
     2011, including any such fees assessed prior to fiscal year 
     2011 but credited for fiscal year 2011, shall be subject to 
     the fiscal year 2011 limitations: Provided further, That none 
     of these funds shall be used to develop, establish, or 
     operate any program of user fees authorized by 31 U.S.C. 
     9701: Provided further, That of the total amount appropriated 
     under this heading: (1) $856,383,000 shall be for the Center 
     for Food Safety and Applied Nutrition and related field 
     activities in the Office of Regulatory Affairs; (2) 
     $963,311,000 shall be for the Center for Drug Evaluation and 
     Research and related field activities in the Office of 
     Regulatory Affairs; (3) $328,234,000 shall be for the Center 
     for Biologics Evaluation and Research and for related field 
     activities in the Office of Regulatory Affairs; (4) 
     $162,946,000 shall be for the Center for Veterinary Medicine 
     and for related field activities in the Office of Regulatory 
     Affairs; (5) $362,491,000 shall be for the Center for Devices 
     and Radiological Health and for related field activities in 
     the Office of Regulatory Affairs; (6) $60,975,000 shall be 
     for the National Center for Toxicological Research; (7) 
     $421,463,000 shall be for the Center for Tobacco Products and 
     for related field activities in the Office of Regulatory 
     Affairs; (8) not to exceed $141,724,000 shall be for Rent and 
     Related activities, of which $41,951,000 is for White Oak 
     Consolidation, other than the amounts paid to the General 
     Services Administration for rent; (9) not to exceed 
     $185,983,000 shall be for payments to the General Services 
     Administration for rent; and (10) $224,101,000 shall be for 
     other activities, including the Office of the Commissioner of 
     Food and Drugs; the Office of Foods; the Office of the Chief 
     Scientist; the Office of Policy, Planning and Budget; the 
     Office of International Programs; the Office of 
     Administration; and central services for these offices: 
     Provided further, That none of the funds made available under 
     this heading shall be used to transfer funds under section 
     770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379dd): Provided further, That not to exceed $25,000 of the 
     amount provided under this heading shall be for official 
     reception and representation expenses, not otherwise provided 
     for, as determined by the Commissioner: Provided further, 
     That funds may be transferred from one specified activity to 
     another with the prior approval of the Committees on 
     Appropriations of both Houses of Congress: Provided further, 
     That notwithstanding any other provision of this division, 
     the following set-aside requirements included in Public Law 
     111-80 under ``Food and Drug Administration, Salaries and 
     Expenses'' shall not apply: ``$5,509,000 shall be for the 
     purposes, and in the amounts, specified in the eighth 
     paragraph under `Food and Drug Administration, Salaries and 
     Expenses' in the statement of managers to accompany this 
     Act''.

[[Page 3333]]

        In addition, mammography user fees authorized by 42 U.S.C. 
     263b, export certification user fees authorized by 21 U.S.C. 
     381, and priority review user fees authorized by 21 U.S.C. 
     360n may be credited to this account, to remain available 
     until expended.
       In addition, food and feed recall user fees, food 
     reinspection user fees, and voluntary qualified importer 
     program user fees authorized by section 743 of the Federal 
     Food, Drug, and Cosmetic Act, as added by the FDA Food Safety 
     Modernization Act, may be credited to this account in an 
     amount not to exceed the amount determined under subsection 
     (b) of such section 743, to remain available until expended.
       Sec. 1250.  Notwithstanding section 1101, the level for 
     ``Food and Drug Administration, Buildings and Facilities'' 
     shall be $10,000,000.
       Sec. 1251.  Notwithstanding section 1101, the level for 
     ``Related Agencies and Food and Drug Administration, 
     Independent Agencies, Farm Credit Administration, Limitation 
     on Administrative Expenses'' shall be $59,400,000.
       Sec. 1252.  Notwithstanding any other provision of this 
     division, the following set-asides included in Public Law 
     111-80 for ``Congressionally Designated Projects'' in the 
     following accounts for the corresponding amounts shall not 
     apply to funds appropriated by this division:
       (1) ``Agricultural Programs, Agricultural Research Service, 
     Salaries and Expenses'', $44,138,000.
       (2) ``Agricultural Programs, National Institute of Food and 
     Agriculture, Research and Education Activities'', 
     $120,054,000.
       (3) ``Agricultural Programs, National Institute of Food and 
     Agriculture, Extension Activities'', $11,831,000.
       (4) ``Agricultural Programs, Animal and Plant Health 
     Inspection Service, Salaries and Expenses'', $24,410,000.
       (5) ``Conservation Programs, Natural Resources Conservation 
     Service, Conservation Operations'', $37,382,000.
       Sec. 1253.  Notwithstanding any other provision of this 
     division, the following provisions included in Public Law 
     111-80 shall not apply to funds appropriated by this 
     division:
       (1) The first proviso under the heading ``Agricultural 
     Programs, Agriculture Buildings and Facilities and Rental 
     Payments''.
       (2) The second proviso under the heading ``Departmental 
     Administration''.
       (3) The second proviso under the heading ``Conservation 
     Programs, Natural Resources Conservation Service, 
     Conservation Operations''.
       (4) The second proviso under the heading ``Rural 
     Development Programs, Rural Utilities Service, Rural Water 
     and Waste Disposal Account''.
       (5) The first proviso under the heading ``Domestic Food 
     Programs, Food and Nutrition Service, Commodity Assistance 
     Program''.
       (6) The first proviso under the heading ``Foreign 
     Assistance and Related Programs, Foreign Agricultural 
     Service, McGovern-Dole International Food for Education and 
     Child Nutrition Program Grants''.
       Sec. 1254.  Sections 718, 723, 728, and 738 of Public Law 
     111-80 shall be applied to funds appropriated by this 
     division by substituting $0 for the dollar amounts included 
     in those sections.
       Sec. 1255.  Section 741 of Public Law 111-80 shall be 
     applied to funds appropriated by this division by 
     substituting ``$2,000,000'' for ``$2,600,000'' and by 
     substituting ``$0'' for ``$3,000,000''.
       Sec. 1256.  Sections 716, 721(2), 721(3), 724, 725, 729, 
     735, 743, and 748 of Public Law 111-80 shall not apply for 
     fiscal year 2011.
       Sec. 1257.  Notwithstanding section 1101, section 727 of 
     Public Law 111-80 shall have no legal effect.
       Sec. 1258.  Sections 730, 734, 737, 740, 745, 747, and 749 
     of Public Law 111-80 authorized or required certain actions 
     that have been performed before the date of the enactment of 
     this division and need not reoccur.
       Sec. 1259.  Appropriations to the Department of Agriculture 
     made available in fiscal year 2005 to carry out section 601 
     of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for 
     the cost of direct loans shall remain available until 
     expended to disburse valid obligations made in fiscal years 
     2005 and 2006.
       Sec. 1260.  In the case of each program established or 
     amended by the Food, Conservation, and Energy Act of 2008 
     (Public Law 110-246), other than by title I or subtitle A of 
     title III of such Act, or programs for which indefinite 
     amounts were provided in that Act that is authorized or 
     required to be carried out using funds of the Commodity 
     Credit Corporation: (1) such funds shall be available for 
     salaries and related administrative expenses, including 
     technical assistance, associated with the implementation of 
     the program, without regard to the limitation on the total 
     amount of allotments and fund transfers contained in section 
     11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714i); and (2) the use of such funds for such purpose shall 
     not be considered to be a fund transfer or allotment for 
     purposes of applying the limitation on the total amount of 
     allotments and fund transfers contained in such section.
       Sec. 1261.  With respect to any loan or loan guarantee 
     program administered by the Secretary of Agriculture that has 
     a negative credit subsidy score for fiscal year 2011, the 
     program level for the loan or loan guarantee program, for the 
     purposes of the Federal Credit Reform Act of 1990, shall be 
     the program level established pursuant to such Act for fiscal 
     year 2010.
       Sec. 1262.  Section 721(1) of Public Law 111-80 (123 Stat. 
     2122) is amended by striking ``$1,180,000,000'' and inserting 
     ``$1,290,000,000''.
       Sec. 1263.  Section 742 of Public Law 111-80 (123 Stat. 
     2128) is amended by striking ``$11,000,000'' and inserting 
     ``$15,000,000''.
       Sec. 1264.  The following provisions of Public Law 111-80 
     shall be applied to funds appropriated by this division by 
     substituting ``2010'', ``2011'', and ``2012'' for ``2009'', 
     ``2010'', and ``2011'', respectively, in each instance that 
     such terms appear:
       (1) The second paragraph under the heading ``Agricultural 
     Programs, Animal and Plant Health Inspection Service, 
     Salaries and Expenses''.
       (2) The second proviso under the heading ``Agricultural 
     Programs, Food Safety and Inspection Service''.
       (3) The first proviso in the second paragraph under the 
     heading ``Rural Development Programs, Rural Housing Service, 
     Rural Housing Insurance Fund Program Account''.
       (4) The fifth proviso under the heading ``Rural Development 
     Programs, Rural Housing Service, Rental Assistance Program''.
       (5) The proviso under the heading ``Rural Development 
     Programs, Rural Housing Service, Mutual and Self-Help Housing 
     Grants''.
       (6) The first proviso under the heading ``Rural Development 
     Programs, Rural Housing Service, Rural Housing Assistance 
     Grants''.
       (7) The seventh proviso under the heading ``Rural 
     Development Programs, Rural Housing Service, Rural Community 
     Facilities Program Account''.
       (8) The third proviso under the heading ``Rural Development 
     Programs, Rural Business--Cooperative Service, Rural Business 
     Program Account''.
       (9) The four availability of funds clauses under the 
     heading ``Rural Development Programs, Rural Business--
     Cooperative Service, Rural Development Loan Fund Program 
     Account''.
       (10) The fifth proviso under the heading ``Rural 
     Development Programs, Rural Utilities Service, Rural Water 
     and Waste Disposal Program Account''.
       (11) The paragraph under the heading ``Food Nutrition 
     Service, Child Nutrition Programs''.
       (12) The third proviso under the heading ``Food and 
     Nutrition Service, Commodity Assistance Program''.
       (13) Sections 713, 717, and 732.
       Sec. 1265.  None of the funds appropriated or otherwise 
     made available by this Act or any other Act shall be used to 
     pay the salaries and expenses of personnel to carry out the 
     program authorized by section 14 of the Watershed Protection 
     and Flood Prevention Act (16 U.S.C. 1012).
       Sec. 1266.  None of the funds appropriated or otherwise 
     made available by this Act or any other Act shall be used to 
     pay the salaries and expenses of personnel to carry out a 
     program under subsection (b)(2)(A)(iii) of section 14222 of 
     Public Law 110-246 in excess of $1,098,000,000: Provided, 
     That none of the funds made available in this Act or any 
     other Act shall be used for salaries and expenses to carry 
     out section 19(i)(1)(D) of the Richard B. Russell National 
     School Lunch Act as amended by section 4304 of Public Law 
     110-246 in excess of $33,000,000, including the transfer of 
     funds under subsection (c) of section 14222 of Public Law 
     110-246, until October 1, 2011: Provided further, That 
     $117,000,000 made available on October 1, 2011, to carry out 
     section 19(i)(1)(D) of the Richard B. Russell National School 
     Lunch Act as amended by section 4304 of Public Law 110-246 
     shall be excluded from the limitation described in subsection 
     (b)(2)(A)(iv) of section 14222 of Public Law 110-246.
       Sec. 1267.  None of the funds appropriated or otherwise 
     made available by this Act or any other Act shall be used to 
     pay the salaries and expenses of personnel to carry out the 
     Wetlands Reserve Program authorized by sections 1237-1237F of 
     the Food Security Act of 1985 (16 U.S.C. 3837-3837f) to 
     enroll in excess of 236,000 acres in fiscal year 2011.
       Sec. 1268.  The unobligated balances available for the 
     wildlife habitat incentives program under section 1240N of 
     the Food Security Act of 1985 (16 U.S.C. 3839bb-1), as 
     identified by Treasury Appropriation Fund Symbol 12X3322, are 
     rescinded; for the program under the Water Bank Act (16 
     U.S.C. 1301 et seq.), as identified by Treasury Appropriation 
     Fund Symbol 12X3320; and for the wetlands reserve program 
     under section 1237 of the Food Security Act of 1985 (16 
     U.S.C. 3837), as identified by Treasury Appropriation Fund 
     Symbol 12X1080, are rescinded.
       Sec. 1269.  The unobligated balances available for the 
     Outreach for Socially Disadvantaged Farmers account, as 
     identified by Treasury Appropriation Fund Symbol 12X0601, are 
     rescinded; for the Rural Community Advancement Program, as 
     identified by Treasury Appropriation Fund Symbol 12X0400, are 
     rescinded; for the Payments to States program, as identified 
     by Treasury

[[Page 3334]]

     Appropriation Fund symbol 12X2501, are rescinded; for the 
     Common Computing Environment account, as identified by 
     Treasury Appropriation Fund Symbol 12X0113, $3,613,000 are 
     rescinded; for the Office of the Secretary, as identified by 
     Treasury Appropriation Fund Symbol 12X0115, are rescinded; 
     for the Agricultural Credit Insurance Fund, as identified by 
     Treasury Appropriation Fund Symbol 12X1140, $6,935,000 are 
     rescinded; for the Resource Conservation and Development 
     program, as identified by Treasury Appropriation Fund Symbol 
     12X1010, $3,125,000 are rescinded; for the Animal and Plant 
     Health Inspection Service--Buildings and Facilities account, 
     as identified by Treasury Appropriation Fund Symbol 12X1601, 
     $6,370,000 are rescinded. In addition, from prior year 
     unobligated balances of Animal and Plant Health Inspection 
     Service--Salaries and Expenses account, the following amounts 
     are rescinded: Sudden Oak Death, $295,000; Sirex Woodwasp, 
     $408,000; Avian Influenza, $8,000,000; Information Technology 
     Infrastructure, $86,000; Screwworm, $1,000,000; HUB 
     Relocation, $98,000; H1N1, $5,000,000; and Contingency Funds, 
     $1,000,000.
       Sec. 1270.  The unobligated balances available for the 
     Agricultural Research Service--Salaries and Expenses account, 
     as identified by Treasury Appropriation Fund Symbol 12X1400, 
     as provided through Public Law 109-234 and Public Law 111-32, 
     $4,771,000 are hereby rescinded.
       Sec. 1271.  Of the unobligated balances available in the 
     Agricultural Research Service, Buildings and Facilities 
     account, $3,414,000 are hereby rescinded: Provided, That no 
     amounts may be rescinded from amounts that were designated by 
     the Congress as an emergency requirement pursuant to the 
     Concurrent Resolution on the Budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That no amounts may be rescinded from 
     amounts greater than $5,000,000 or that have received an 
     appropriation since 2007 unless construction of those 
     facilities has been completed.
       Sec. 1272.  Of the unobligated balances available for 
     Cooperative State Research, Education, and Extension Service, 
     Buildings and Facilities, $1,037,000 are rescinded.
       Sec. 1273.  Of the unobligated balances available for the 
     cost of broadband loans, as authorized by section 601 of the 
     Rural Electrification Act of 1936, $39,000,000 are rescinded.

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

       Sec. 1301.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, International Trade Administration, 
     Operations and Administration'' shall be $450,989,000.
       Sec. 1302.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, Minority Business Development 
     Agency, Minority Business Development'' shall be $30,400,000.
       Sec. 1303.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Telecommunications and 
     Information Administration, Salaries and Expenses'' shall be 
     $40,649,000.
       Sec. 1304.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Scientific and Technical Research and Services'' 
     shall be $504,500,000.
       Sec. 1305.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Industrial Technology Services'' shall be 
     $169,600,000.
       Sec. 1306.  Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, Justice 
     Information Sharing Technology'' shall be $60,285,000.
       Sec. 1307.  Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, Tactical Law 
     Enforcement Wireless Communications'' shall be $110,000,000.
       Sec. 1308.  Notwithstanding section 1101, the level for 
     ``Department of Justice, Fees and Expenses of Witnesses'' 
     shall be $270,000,000.
       Sec. 1309.  Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, National 
     Drug Intelligence Center'' shall be $34,023,000.
       Sec. 1310.  Notwithstanding section 1101, the level for 
     ``Department of Justice, United States Marshals Service, 
     Construction'' shall be $16,625,000.
       Sec. 1311.  Notwithstanding section 1101, the level for 
     ``Department of Justice, Federal Bureau of Investigation, 
     Construction'' shall be $107,310,000.
       Sec. 1312.  Notwithstanding section 1101, the level for 
     ``Department of Justice, Federal Prison System, Salaries and 
     Expenses'' shall be $6,288,231,000.
       Sec. 1313.  Notwithstanding section 1101, the level for 
     ``Department of Justice, State and Local Law Enforcement 
     Activities, Salaries and Expenses'' shall be $187,000,000.
       Sec. 1314.  Notwithstanding section 1101, the level for 
     ``Office of Science and Technology Policy'' shall be 
     $6,660,000.
       Sec. 1315.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, Bureau of the Census, Periodic 
     Censuses and Programs'' shall be $942,315,000.
       Sec. 1316.  Notwithstanding section 1101, the level for 
     each of the following accounts shall be $0: ``Department of 
     Justice, Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives, Construction''; and ``Department of Justice, 
     Office of Justice Programs, Weed and Seed Program Fund''.
       Sec. 1317.  Notwithstanding any other provision of this 
     division, the following set-asides included in division B of 
     Public Law 111-117 for projects specified in the explanatory 
     statement accompanying that Act in the following accounts for 
     the corresponding amounts shall not apply to funds 
     appropriated by this division: (1) ``Department of Commerce, 
     International Trade Administration, Operations and 
     Administration'', $5,215,000; (2) ``Department of Commerce, 
     Minority Business Development Agency, Minority Business 
     Development'', $1,100,000; and (3) ``Department of Commerce, 
     National Institute of Standards and Technology, Scientific 
     and Technical Research and Services'', $10,500,000 (4) 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Construction of Research Facilities'', 
     $47,000,000; (5) ``Department of Commerce, National Oceanic 
     and Atmospheric Administration, Operations, Research and 
     Facilities'', $99,295,000; (6) ``Department of Commerce, 
     National Oceanic and Atmospheric Administration, Procurement, 
     Acquisition and Construction'', $18,000,000; (7) ``Department 
     of Justice, Office of Justice Programs, State and Local Law 
     Enforcement Assistance'', $185,268,000; (8) ``Department of 
     Justice, Office of Justice Programs, Juvenile Justice 
     Programs'', $91,095,000''; (9) ``Department of Justice, 
     Community Oriented Policing Services'', $25,385,000; (10) 
     ``Department of Justice, Community Oriented Policing 
     Services'', $168,723,000; and (11) ``National Aeronautics and 
     Space Administration, Cross Agency Support'', $63,000,000.
       Sec. 1318.  The Departments of Commerce and Justice, the 
     National Aeronautics and Space Administration, and the 
     National Science Foundation are directed to submit spending 
     plans, signed by the respective department or agency head, to 
     the House and Senate Committees on Appropriations within 60 
     days of enactment of this division.
       Sec. 1319.  Notwithstanding any other provision of this 
     division, the set-aside included in division B of Public Law 
     111-117 under the heading ``Department of Commerce, United 
     States Patent and Trademark Office, Salaries and Expenses'' 
     in the last proviso shall not apply to funds appropriated by 
     this division.
       Sec. 1320.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Construction of Research Facilities'' shall be 
     $80,000,000 and the set-asides under this heading in division 
     B of Public Law 111-117 shall not apply to funds appropriated 
     by this division.
       Sec. 1321.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Oceanic and Atmospheric 
     Administration, Operations, Research, and Facilities'' shall 
     be $3,190,883,000.
       Sec. 1322.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Oceanic and Atmospheric 
     Administration, Procurement, Acquisition and Construction'' 
     shall be $1,335,353,000.
       Sec. 1323.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, Departmental Management, Herbert C. 
     Hoover Building Renovation and Modernization'' shall be 
     $10,000,000.
       Sec. 1324.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, United States Patent and Trademark 
     Office, Salaries and Expenses'' shall be $2,205,000,000, to 
     remain available until expended: Provided, That the sum 
     herein appropriated from the general fund shall be reduced as 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during 
     fiscal year 2011, so as to result in a fiscal year 2011 
     appropriation from the general fund estimated at $0:  
     Provided further, That during fiscal year 2011, should the 
     total amount of offsetting fee collections, and the surcharge 
     provided herein, be less than $2,205,000,000, this amount 
     shall be reduced accordingly:  Provided further, That any 
     amount received in excess of $2,205,000,000 in fiscal year 
     2011, in an amount up to $200,000,000, shall remain available 
     until expended:  Provided further, That there shall be a 
     surcharge of 15 percent, rounded by standard arithmetic 
     rules, on fees charged or authorized by subsections (a), (b), 
     and (d)(1) of section 41 of title 35, United States Code, as 
     administered under Public Law 108-447 and this Act, and on 
     fees charged or authorized by section 132(b), of title 35, 
     United States Code:  Provided further, That the surcharge 
     established under the previous proviso shall be separate 
     from, and in addition to, any other surcharge that may be 
     required pursuant to any provision of title 35, United States 
     Code:  Provided further, That the surcharge established in 
     the previous two provisions shall take effect on the date 
     that is 10 days after the date of enactment of this Act, and 
     shall remain in effect during fiscal year 2011:  Provided 
     further, That the receipts collected as a result of these 
     surcharges shall be available, within the amounts provided 
     herein, to the United States Patent and Trademark Office 
     without fiscal year limitation, for all authorized activities 
     and operations of the Office.

[[Page 3335]]

       Sec. 1325. (a) Notwithstanding section 1101, the level for 
     ``Department of Justice, Office of Justice Programs, State 
     and Local Law Enforcement Assistance'' shall be 
     $1,249,500,000.
       (b) Notwithstanding section 1101, the level for 
     ``Department of Justice, Office of Justice Programs, Juvenile 
     Justice Programs'' shall be $312,500,000.
       (c) Notwithstanding section 1101, the level for 
     ``Department of Justice, Community Oriented Policing 
     Services'' shall be $557,500,000.
       (d) All set asides within the accounts described in 
     paragraphs (a), (b) and (c) of this section shall be reduced 
     proportionally.
       Sec. 1326.  Notwithstanding section 1101, the level for 
     ``National Science Foundation, Research and Related 
     Activities'' shall be $5,542,920,000.
       Sec. 1327. (a) Notwithstanding section 1105, the provisos 
     under the heading ``National Aeronautics and Space 
     Administration, Exploration'' in division B of Public Law 
     111-117, as amended, shall not apply to funds appropriated by 
     this division.
       (b) Of the amounts appropriated by this division for 
     ``National Aeronautics and Space Administration, 
     Exploration'', not less than $1,200,000,000 shall be for the 
     Orion multipurpose crew vehicle, and not less than 
     $1,800,000,000 shall be for the heavy lift launch vehicle 
     system which shall have a lift capability not less than 130 
     tons and which shall have an upper stage and other core 
     elements developed simultaneously.
       Sec. 1328. (a) Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Space 
     Operations'' shall be $5,741,800,000.
       (b) The proviso specifying amounts under the heading 
     ``National Aeronautics and Space Administration, Space 
     Operations'' in division B of Public Law 111-117 shall not 
     apply to funds appropriated by this division.
       Sec. 1329.  Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Science'' 
     shall be $4,819,000,000.
       Sec. 1330. (a) Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Cross Agency 
     Support'' shall be $3,111,400,000.
       (b) The provisos specifying amounts under the heading 
     ``National Aeronautics and Space Administration, Cross Agency 
     Support'' in division B of Public Law 111-117 shall not apply 
     to funds appropriated by this division.
       Sec. 1331. (a) Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Construction 
     and Environmental Compliance and Remediation'' shall be 
     $397,300,000.
       (b) The provisos under the heading ``National Aeronautics 
     and Space Administration, Construction and Environmental 
     Compliance and Remediation'' in division B of Public Law 111-
     117 shall not apply to funds appropriated by this division.
       Sec. 1332.  Of the funds made available for ``Department of 
     Commerce, Bureau of the Census, Periodic Censuses and 
     Programs'' in division B of Public Law 111-117, 
     $1,740,000,000 are rescinded.
       Sec. 1333.  Of the unobligated balances available for 
     ``Emergency Steel, Oil, and Gas Guaranteed Loan Program 
     Account'', $48,000,000 are rescinded.
       Sec. 1334.  Of the unobligated balances available to the 
     Department of Justice from prior appropriations, the 
     following funds are rescinded, not later than September 30, 
     2011, from the following accounts in the specified amounts: 
     (1) ``Office of Justice Programs'', $42,000,000; (2) 
     ``Community Oriented Policing Services'', $10,200,000; (3) 
     ``Legal Activities, Assets Forfeiture Fund'', $495,000,000; 
     and (4) ``Working Capital Fund'', $40,000,000.
       Sec. 1335.  Notwithstanding any other provision of law, in 
     fiscal year 2012 and thereafter payments for costs described 
     in subsection (a) of section 404 of Public Law 107-42, as 
     amended, shall be considered to be, and included in, payments 
     for compensation for the purposes of sections 406(b) and 
     (d)(1).

      TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

       Sec. 1401.  All of the provisos under the heading ``Corps 
     of Engineers--Civil, Department of the Army, Construction'' 
     in the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1402.  The proviso under the heading ``Corps of 
     Engineers--Civil, Department of the Army, Mississippi River 
     and Tributaries'' in the Energy and Water Development and 
     Related Agencies Appropriations Act, 2010 (Public Law 111-85) 
     shall not apply to funds appropriated by this division.
       Sec. 1403.  The fifth proviso (regarding the San Gabriel 
     Basin Restoration Fund), sixth proviso (regarding Power 
     Program Services), seventh proviso (regarding the Milk River 
     Project) and eighth proviso (regarding the Departmental 
     Irrigation Drainage program) under the heading ``Department 
     of the Interior, Bureau of Reclamation, Water and Related 
     Resources'' in the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (Public Law 111-85) shall 
     not apply to funds appropriated by this division.
       Sec. 1404.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Energy Efficiency 
     and Renewable Energy'' in title III of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (Public Law 111-85) shall not apply to funds appropriated by 
     this division.
       Sec. 1405.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Electricity Delivery 
     and Energy Reliability'' in title III of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (Public Law 111-85) shall not apply to funds appropriated by 
     this division.
       Sec. 1406.  The proviso under the heading ``Department of 
     Energy, Energy Programs, Nuclear Energy'' in title III of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1407.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Fossil Energy 
     Research and Development'' in title III of the Energy and 
     Water Development and Related Agencies Appropriations Act, 
     2010 (Public Law 111-85) shall not apply to funds 
     appropriated by this division.
       Sec. 1408.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Science'' in title 
     III of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1409.  All of the provisos under the heading 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Weapons 
     Activities'' in title III of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2010 (Public Law 
     111-85) shall not apply to funds appropriated by this 
     division.
       Sec. 1410.  The proviso under the heading ``Department of 
     Energy, Atomic Energy Defense Activities, National Nuclear 
     Security Administration, Defense Nuclear Nonproliferation'' 
     in title III of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (Public Law 111-85) shall 
     not apply to funds appropriated by this division.
       Sec. 1411.  All of the provisos under the heading 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Office of the 
     Administrator'' in title III of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (Public Law 111-85) shall not apply to funds appropriated by 
     this division.
       Sec. 1412.  The proviso under the heading ``Department of 
     Energy, Atomic Energy Defense Activities, Environmental and 
     Other Defense Activities, Defense Environmental Cleanup'' in 
     title III of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (Public Law 111-85) shall 
     not apply to funds appropriated by this division.
       Sec. 1413.  The proviso under the heading ``Department of 
     Energy, Atomic Energy Defense Activities, Environmental and 
     Other Defense Activities, Other Defense Activities'' in title 
     III of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1414.  The fifth proviso under the heading 
     ``Department of Energy, Power Marketing Administrations, 
     Construction, Rehabilitation, Operation and Maintenance, 
     Western Area Power Administration'' in title III of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1415.  Funds appropriated by this division shall not 
     apply to sections 107, 206, 207, and 208 of the Energy and 
     Water Development and Related Agencies Appropriations Act, 
     2010 (Public Law 111-85).
       Sec. 1416.  Notwithstanding section 1105, no appropriation, 
     funds, or authority made available pursuant to section 1101 
     for the Department of Energy or Corps of Engineers, Civil, 
     shall be used to initiate or resume any program, project, or 
     activity or to initiate Requests for Proposals or similar 
     arrangements (including Requests for Quotations, Requests for 
     Information, and Funding Opportunity Announcements) for a 
     program, project, or activity if the program, project, or 
     activity has not been funded by Congress.
       Sec. 1417.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Appalachian Regional Commission'' 
     shall be $68,000,000.
       Sec. 1418.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Delta Regional Authority'' shall be 
     $11,700,000.
       Sec. 1419.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Denali Commission'' shall be 
     $10,700,000.
       Sec. 1420.  Notwithstanding section 1101, the level for 
     ``Defense Nuclear Facilities Safety Board'' shall be 
     $25,500,000.
       Sec. 1421.  Notwithstanding section 1101, for the ``Nuclear 
     Regulatory Commission'' necessary expenses in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $25,000), $1,043,483,000, to remain available until expended: 
     Provided,

[[Page 3336]]

     That of the amount appropriated herein, $10,000,000 shall be 
     derived from the Nuclear Waste Fund: Provided further, That 
     revenues from licensing fees, inspection services, and other 
     services and collections estimated at $906,220,000 in fiscal 
     year 2011 shall be retained and used for necessary salaries 
     and expenses in this account, notwithstanding 31 U.S.C. 3302, 
     and shall remain available until expended: Provided further, 
     That the sum herein appropriated shall be reduced by the 
     amount of revenues received during fiscal year 2011 so as to 
     result in a final fiscal year 2011 appropriation estimated at 
     not more than $137,263,000: Provided further, That of the 
     amounts appropriated, $10,000,000 is provided to support 
     university research and development in areas relevant to 
     their respective organization's mission, and $5,000,000 is to 
     support a Nuclear Science and Engineering Grant Program that 
     will support multiyear projects that do not align with 
     programmatic missions but are critical to maintaining the 
     discipline of nuclear science and engineering.
       Sec. 1422.  Of the unobligated balances available for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Mississippi River and Tributaries'', $22,000,000 are 
     rescinded, to be derived by cancelling unobligated balances 
     for the Yazoo Basin, Backwater Pump, Mississippi project.
       Sec. 1423.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Investigations'' shall be $150,000,000.
       Sec. 1424.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Construction'' shall be $1,896,818,000.
       Sec. 1425.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Mississippi River and Tributaries'' shall be $289,269,000.
       Sec. 1426.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Operation and Maintenance'' shall be $2,380,000,000.
       Sec. 1427.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, Formerly 
     Utilized Sites Remedial Action Program'' shall be 
     $130,000,000.
       Sec. 1428.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Reclamation, Water 
     and Related Resources'' shall be $916,300,000.
       Sec. 1429.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Reclamation, Central 
     Valley Project Restoration Fund'' shall be $49,915,000.
       Sec. 1430.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Energy Efficiency 
     and Renewable Energy'' shall be $1,912,000,000.
       Sec. 1431.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Electricity Delivery 
     and Energy Reliability'' shall be $156,000,000.
       Sec. 1432.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Nuclear Energy'' 
     shall be $661,000,000.
       Sec. 1433.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Fossil Energy 
     Research and Development'' shall be $586,000,000.
       Sec. 1434.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Naval Petroleum and 
     Oil Shale Reserves'' shall be $23,000,000.
       Sec. 1435.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Strategic Petroleum 
     Reserve'' shall be $138,861,000, to remain available until 
     expended. Of the funds appropriated in Public Law 110-161 
     under this heading for new site land acquisition activities, 
     $14,493,000 are hereby permanently cancelled. Of the funds 
     appropriated in Public Law 110-329 under this heading for new 
     site expansion activities, beyond land acquisition, 
     $31,507,000 are hereby permanently cancelled. Of the funds 
     appropriated in Public Law 111-85 under this heading, 
     $25,000,000 are hereby permanently cancelled. For an 
     additional amount for ``Strategic Petroleum Reserve'', 
     $71,000,000, to remain available until expended.
       Sec. 1436.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Northeast Home 
     Heating Oil Reserve'' shall be $11,000,000.
       Sec. 1437.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Energy Information 
     Agency'' shall be $108,500,000.
       Sec. 1438.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Non-Defense 
     Environmental Cleanup'' shall be $225,200,000.
       Sec. 1439.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Uranium Enrichment 
     Decontamination and Decommissioning Fund'' shall be 
     $514,000,000.
       Sec. 1440.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Science'' shall be 
     $4,733,000,000.
       Sec. 1441.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Nuclear Waste 
     Disposal'' shall be $0.
       Sec. 1442.  In addition to amounts otherwise made available 
     by this division, $200,000,000 is appropriated for 
     ``Department of Energy, Energy Programs, Advanced Research 
     Projects Agency--Energy''.
       Sec. 1443.  Notwithstanding section 1101, subject to 
     section 502 of the Congressional Budget Act of 1974, amounts 
     necessary to support commitments to guarantee loans under 
     title XVII of the Energy Policy Act of 2005, for the cost of 
     loan guarantees for renewable energy under section 1703 of 
     the Energy Policy Act of 2005, an additional $100,000,000 is 
     appropriated, to remain available until expended: Provided, 
     That these amounts are in addition to authorities provided in 
     any other Act:  Provided further, That for amounts collected 
     pursuant to section 1702(b)(2) of the Energy Policy Act of 
     2005, the source of such payment received from borrowers may 
     not be a loan or other debt obligation that is guaranteed by 
     the Federal Government:  Provided further, That none of such 
     loan guarantee authority made available in this Act shall be 
     available for commitments to guarantee loans for any projects 
     where funds, personnel, or property (tangible or intangible) 
     of any Federal agency, instrumentality, personnel, or 
     affiliated entity are expected be used (directly or 
     indirectly) through acquisitions, contracts, demonstrations, 
     exchanges, grants, incentives, leases, procurements, sales, 
     other transaction authority, or other arrangements, to 
     support the project or to obtain goods or services from the 
     project:  Provided further, That the previous proviso shall 
     not be interpreted as precluding the use of the loan 
     guarantee authority in this Act for commitments to guarantee 
     loans for (1) projects as a result of such projects 
     benefitting from otherwise allowable Federal income tax 
     benefits; (2) projects as a result of such projects 
     benefitting from being located on Federal land pursuant to a 
     lease or right-of-way agreement for which all consideration 
     for all uses is (A) paid exclusively in cash, (B) deposited 
     in the Treasury as offsetting receipts, and (C) equal to the 
     fair market value as determined by the head of the relevant 
     Federal agency; (3) projects as a result of such projects 
     benefitting from Federal insurance programs, including under 
     section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; 
     commonly known as the ``Price-Anderson Act''); or (4) 
     electric generation projects using transmission facilities 
     owned or operated by a Federal Power Marketing Administration 
     or the Tennessee Valley Authority that have been authorized, 
     approved, and financed independent of the project receiving 
     the guarantee:  Provided further, That none of the loan 
     guarantee authority made available in this Act shall be 
     available for any project unless the Director of the Office 
     of Management and Budget has certified in advance in writing 
     that the loan guarantee and the project comply with the 
     provisions under this section:  Provided further, That an 
     additional amount for necessary administrative expenses to 
     carry out this Loan Guarantee program, $58,000,000 is 
     appropriated, to remain available until expended:  Provided 
     further, That $58,000,000 of the fees collected pursuant to 
     section 1702(h) of the Energy Policy Act of 2005 shall be 
     credited as offsetting collections to this account to cover 
     administrative expenses and shall remain available until 
     expended, so as to result in a final fiscal year 2011 
     appropriations from the general fund estimated at not more 
     than $0.
       Sec. 1444.  Section 1702 of the Energy Policy Act of 2005 
     (22 U.S.C. Sec. 16512) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``; or'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(3) the cost of the obligation has been paid in full by a 
     combination of an appropriation for the cost and a payment by 
     the borrower that has been deposited to the Treasury.''.
       Sec. 1445.  The authority provided for commitments to 
     guarantee loans under ``Department of Energy--Energy 
     Programs--Title 17 Innovative Technology Loan Guarantee 
     Program'' in title III of division C of Public Law 111-8, is 
     available for projects that employ: (1) new or significantly 
     improved technologies of renewable energy systems or 
     efficient end-use energy technologies under section 1703 of 
     the Energy Policy Act of 2005; or (2) notwithstanding section 
     1703(a)(2), and with regard only to projects for which an 
     application has been submitted to the Department of Energy, 
     in whole or in part, for a loan guarantee under section 1705 
     prior to February 24, 2011, commercial technologies of 
     renewable energy systems, efficient end-use energy 
     technologies, or leading edge biofuel projects.
       Sec. 1446.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Advanced Technology 
     Vehicles Manufacturing Loan Program'' shall be $9,998,000.
       Sec. 1447.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Departmental 
     Administration'' shall be $165,000,000.
       Sec. 1448.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Office of the 
     Inspector General'' shall be $42,850,000.
       Sec. 1449.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic

[[Page 3337]]

     Energy Defense Activities, National Nuclear Security 
     Administration, Weapons Activities'' shall be $6,823,835,000.
       Sec. 1450.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Defense Nuclear 
     Nonproliferation'' shall be $2,326,727,000.
       Sec. 1451.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Office of the 
     Administrator'' shall be $399,793,000.
       Sec. 1452.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Environmental and Other Defense 
     Activities, Defense Environmental Cleanup'' shall be 
     $5,107,382,000, of which $33,700,000 shall be transferred to 
     the ``Uranium Enrichment Decontamination and Decommissioning 
     Fund''.
       Sec. 1453.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Environmental and Other Defense 
     Activities, Other Defense Activities'' shall be $827,991,000.
       Sec. 1454.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Environmental and Other Defense 
     Activities, Defense Nuclear Waste Disposal'' shall be $0.
       Sec. 1455.  Of the unobligated balances from prior year 
     appropriations available for ``Corps of Engineers--Civil, 
     Department of the Army, Construction'', $100,000,000 are 
     rescinded.
       Sec. 1456.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Energy Efficiency and Renewable Energy'', 
     $11,200,000 are rescinded.
       Sec. 1457.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Electricity Delivery and Energy Reliability'', 
     $2,400,000 are rescinded.
       Sec. 1458.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Nuclear Energy'', $6,300,000 are rescinded.
       Sec. 1459.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Fossil Energy Research and Development'', 
     $30,600,000 are rescinded.
       Sec. 1460.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Naval Petroleum and Oil Shale Reserves'', 
     $2,100,000 are rescinded.
       Sec. 1461.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Clean Coal Technology'', $18,000,000 are rescinded.
       Sec. 1462.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Strategic Petroleum Reserve'', $15,300,000 are 
     rescinded.
       Sec. 1463.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Energy Information Administration'', $400,000 are 
     rescinded.
       Sec. 1464.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Uranium Enrichment Decontamination and 
     Decommissioning Fund'', $10,000,000 are rescinded.
       Sec. 1465.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Science'', $7,200,000 are rescinded.
       Sec. 1466.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Nuclear Waste Disposal'', $2,800,000 are rescinded.
       Sec. 1467.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Departmental Administration'', $11,900,000 are 
     rescinded.
       Sec. 1468.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Atomic 
     Energy Defense Activities, National Nuclear Security 
     Administration, Naval Reactors'', $1,200,000 are rescinded.
       Sec. 1469.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Atomic 
     Energy Defense Activities, National Nuclear Security 
     Administration, Office of the Administrator'', $4,400,000 are 
     rescinded.
       Sec. 1470.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, 
     Environmental and Other Defense Activities, Defense 
     Environmental Cleanup'', $11,900,000 are rescinded.
       Sec. 1471.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, 
     Environmental and Other Defense Activities, Other Defense 
     Activities'', $3,400,000 are rescinded.
       Sec. 1472.  Of the unobligated balances from prior year 
     appropriations available for ``Independent Agencies, Delta 
     Regional Authority'', $6,000,000 are rescinded.
       Sec. 1473.  Of the unobligated balances from prior year 
     appropriations available for ``Independent Agencies, Denali 
     Commission'', $15,000,000 are rescinded.
       Sec. 1474.  Within 30 days of enactment of this division, 
     the Department of Energy; Corps of Engineers, Civil; and 
     Bureau of Reclamation shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a spending, expenditure, or operating plan for fiscal year 
     2011 at a level of detail below the account level.

           TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

       Sec. 1501.  Notwithstanding section 1101, the level for 
     each of the following accounts of the Department of the 
     Treasury shall be as follows: ``Departmental Offices, 
     Salaries and Expenses'', $320,088,000; ``Special Inspector 
     General for the Troubled Asset Relief Program, Salaries and 
     Expenses'' $36,300,000; ``Treasury Inspector General for Tax 
     Administration, Salaries and Expenses'' $155,452,000; 
     ``Financial Management Service, Salaries and Expenses'', 
     $235,253,000; ``Alcohol and Tobacco Tax and Trade Bureau, 
     Salaries and Expenses'' $101,000,000; and ``Bureau of the 
     Public Debt, Administering the Public Debt'', $185,985,000.
       Sec. 1502.  Notwithstanding section 1101, under the heading 
     ``Department of the Treasury, Departmental Offices, Salaries 
     and Expenses'', the requirement to transfer funds to the 
     National Academy of Sciences for a carbon audit of the tax 
     code shall not apply to funds appropriated by this Act.
       Sec. 1503.  Of the amount provided for ``Department of the 
     Treasury, Departmental Offices, Salaries and Expenses'', up 
     to $400,000 shall be available to support increased 
     international representation commitments of the Secretary, 
     and up to $1,000,000 shall be available, notwithstanding any 
     other provision of law, for contribution to the Global Forum 
     on Transparency and Exchange of Information for Tax Purposes, 
     a Part II Program of the Organization for Economic 
     Cooperation and Development, to cover the cost assessed by 
     that organization for Treasury's participation therein.
       Sec. 1504.  Notwithstanding section 1101, under the heading 
     ``Department of the Treasury, Department-wide Systems and 
     Capital Investments Programs'', the first proviso shall not 
     apply to funds appropriated by this Act.
       Sec. 1505.  Notwithstanding section 1101, under the heading 
     ``Alcohol and Tobacco Tax and Trade Bureau'', the first 
     proviso shall not apply to funds appropriated by this Act.
       Sec. 1506.  Notwithstanding section 1101, of the 
     unobligated balances available under the heading ``Treasury 
     Forfeiture Fund'', $400,000,000 are rescinded.
       Sec. 1507.  The level for ``Community Development Financial 
     Institutions Fund Program Account'' shall be as provided in 
     section 1101, except that: up to $23,000,000 may be used for 
     administrative expenses, including administration of the New 
     Markets Tax Credit; the provision of a pilot project grant to 
     an eligible organization located in the State of Hawaii shall 
     not apply; the requirement to transfer funds to the Capital 
     Magnet Fund shall not apply, and the amounts subject to that 
     transfer requirement in 2010 shall be included when 
     calculating the level for the Community Development Financial 
     Institutions Fund Account under section 1101; notwithstanding 
     sections 4707(d) and 4707(e) of title 12, United States Code, 
     $25,000,000 shall be for a Healthy Food Financing Initiative 
     to provide grants and loans to community development 
     financial institutions for the purpose of offering affordable 
     financing and technical assistance to expand the availability 
     of healthy food options in distressed communities; up to 
     $50,000,000 shall be for initiatives designed to enable 
     individuals with low- or moderate-income levels to establish 
     bank accounts and to improve access to the provision of bank 
     accounts as authorized by section 1204 of Public Law 111-203; 
     and $25,000,000 shall be for the Bank Enterprise Award 
     program.
       Sec. 1508.  Notwithstanding section 1101, the level for 
     each of the following accounts of the Internal Revenue 
     Service shall be as follows: ``Taxpayer Services'' 
     $2,330,215,000; ``Operations Support'', $4,118,000,000, of 
     which up to $65,000,000 shall remain available until expended 
     for acquisition of real property, equipment, construction, 
     and renovation of facilities; and ``Business Systems 
     Modernization'', $363,897,000.
       Sec. 1509.  Notwithstanding section 1101, the level for 
     ``Internal Revenue Service, Enforcement'' shall be 
     $5,591,300,000, of which not less than $125,500,000 shall be 
     for enforcement related to offshore tax evasion.
       Sec. 1510.  Notwithstanding any other provision of the Act, 
     section 105 of division C of Public Law 111-117 shall not 
     apply to funds appropriated under this Act.
       Sec. 1511.  Notwithstanding section 1101, the level for 
     each of the following accounts shall be $0: ``Executive 
     Office of the President and Funds Appropriated to the 
     President, Partnership Fund for Program Integrity 
     Innovation''; ``Office of National Drug Control Policy, 
     Counterdrug Technology Assessment Center''; ``District of 
     Columbia, Federal Payment for Consolidated Laboratory 
     Facility''; ``District of Columbia, Federal Funds, Federal 
     Payment for Youth Services''; ``District of Columbia, Federal 
     Funds, Federal Payment to the Office of the Chief Financial 
     Officer for the District of Columbia''; ``Election Assistance 
     Commission, Election Reform Programs''.
       Sec. 1512.  Notwithstanding section 1101, the level for 
     each of the following accounts shall be as follows: 
     ``Executive Office of the President and Funds Appropriated to 
     the

[[Page 3338]]

     President, White House Repair and Restoration'' $2,005,000; 
     ``Executive Office of the President and Funds Appropriated to 
     the President, National Security Council and Homeland 
     Security Council'', $13,984,000; ``Office of National Drug 
     Control Policy, Salaries and Expenses'', $27,138,000; ``The 
     Judiciary, Supreme Court of the United States, Care of the 
     Building and Grounds'', $8,175,000''; ``The Judiciary, Fees 
     of Jurors and Commissioners'', $52,410,000; ``The Judiciary, 
     Vaccine Injury Compensation Trust Fund'', $4,785,000; 
     ``District of Columbia, Federal Funds, Federal Payment to the 
     District of Columbia Courts'', $251,180,000; ``District of 
     Columbia, Federal Funds, Federal Payment to the Criminal 
     Justice Coordinating Council'', $1,800,000; ``District of 
     Columbia, Federal Funds, Federal Payment for Housing for the 
     Homeless'', $10,000,000; ``Administrative Conference of the 
     United States'', $2,750,000; ``Federal Deposit Insurance 
     Corporation, Office of the Inspector General'', $47,916,000; 
     ``General Services Administration, General Activities, 
     Government-Wide Policy'', $77,621,000; ``General Services 
     Administration, Electronic Government Fund'', $2,000,000; 
     ``General Services Administration, Allowances and Office 
     Staff for Former Presidents'', $3,907,000; ``Harry S Truman 
     Scholarship Foundation'', $1,010,000; ``Office of Personnel 
     Management, Salaries and Expenses'', $94,970,000; ``Office of 
     Special Counsel, Salaries and Expenses'', $19,000,000; 
     ``Privacy and Civil Liberties Oversight Board'', $1,000,000.
       Sec. 1513.  Any expenses incurred by the Election 
     Assistance Commission using amounts appropriated under the 
     heading ``Election Assistance Commission, Election Reform 
     Programs'' in the Transportation, Treasury, and Independent 
     Agencies Appropriations Act, 2004 (Public Law 108-199; 118 
     Stat. 327) for any program or activity which the Commission 
     is authorized to carry out under the Help America Vote Act of 
     2002 shall be considered to have been incurred for the 
     programs and activities described under such heading.
       Sec. 1514.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Courts of Appeals, District Courts, and 
     Other Judicial Services, Salaries and Expenses'' shall be 
     $5,078,583,000: Provided, That notwithstanding section 302 of 
     division C, Public Law 111-117, not to exceed $75,000,000 
     shall be available for transfer between accounts to maintain 
     fiscal year 2010 operating levels.
       Sec. 1515.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended--
       (1) in the third sentence (relating to the District of 
     Kansas), by striking ``19 years'' and inserting ``20 years''; 
     and
       (2) in the seventh sentence (relating to the District of 
     Hawaii), by striking ``16 years'' and inserting ``17 years''.
       Sec. 1516.  Notwithstanding any other provision of this 
     Act, except section 1106, the District of Columbia may expend 
     local funds for programs and activities under the heading 
     ``District of Columbia Funds'' for such programs and 
     activities under title IV of S. 3677 (111th Congress), as 
     reported by the Committee on Appropriations of the Senate, at 
     the rate set forth under ``District of Columbia Funds'' as 
     included in the Fiscal Year 2011 Budget Request Act (D.C. Act 
     18-448), as modified as of the date of the enactment of this 
     Act.
       Sec. 1517.  Notwithstanding section 1101, the level for 
     ``Commodity Futures Trading Commission'' shall be 
     $286,000,000, to remain available until September 30, 2012.
       Sec. 1518.  The proviso under the heading ``Commodity 
     Futures Trading Commission'' in Public Law 111-80 shall not 
     apply to funds appropriated by this division.
       Sec. 1519.  Notwithstanding section 1101, under the heading 
     ``Consumer Product Safety Commission'', $2,000,000 shall 
     remain available until September 30, 2012, for the grant 
     program under section 1405 of the Virginia Graeme Baker Pool 
     and Spa Safety Act (Public Law 110-140; 15 U.S.C. 8004) and 
     for such program in title V of division C of Public Law 111-
     117, $2,000,000 are rescinded.
       Sec. 1520. (a) Section 1403(8) of the Virginia Graeme Baker 
     Pool and Spa Safety Act (15 U.S.C. 8002(8)) is amended by 
     adding at the end the following: ``For purposes of 
     eligibility for the grants authorized under section 1405, 
     such term shall also include any political subdivision of a 
     State.''.
       (b) Section 1405(e) of the Virginia Graeme Baker Pool and 
     Spa Safety Act (15 U.S.C. 8004 (e)) is amended by striking 
     ``2010'' and inserting ``2011''.
       Sec. 1521.  Notwithstanding section 1101, the Federal 
     Communications Commission is authorized to assess and collect 
     pursuant to section 9 of title I of the Communications Act of 
     1934 offsetting collections during fiscal year 2011 of 
     $350,634,000, and such amounts shall be available for 
     obligation until expended, of which not less than $8,279,115 
     shall be for the salaries and expenses of the Office of 
     Inspector General.
       Sec. 1522.  Notwithstanding section 1101, the limits set 
     forth in section 702 of Public Law 111-117 shall not apply to 
     any vehicle that is a commercial item and which operates on 
     emerging motor vehicle technology, including but not limited 
     to electric, plug-in hybrid electric, and hydrogen fuel cell 
     vehicles.
       Sec. 1523.  Notwithstanding section 1101, the aggregate 
     amount of new obligational authority provided under the 
     heading ``General Services Administration, Real Property 
     Activities, Federal Buildings Fund, Limitations on 
     Availability of Revenue'' for Federal buildings and 
     courthouses and other purposes of the Fund shall be 
     $8,200,161,000, of which $591,451,000 is provided for 
     ``Construction and Acquisition'' and $397,938,000 is provided 
     for ``Repairs and Alterations'': Provided, That the 
     Administrator of General Services is authorized to initiate 
     design, construction, repair, alteration, leasing, and other 
     projects through existing authorities of the Administrator: 
     Provided further, That the General Services Administration 
     shall submit a detailed plan, by project, regarding the use 
     of funds to the Committees on Appropriations of the House of 
     Representatives and the Senate within 30 days of enactment of 
     this section and will provide notification to the Committees 
     within 15 days prior to any changes regarding the use of 
     these funds.
       Sec. 1524.  The matter pertaining to the amount of 
     $1,000,000 under the heading ``General Services 
     Administration, Operating Expenses'' in division C of Public 
     Law 111-117 (123 Stat. 3190) shall not apply to funds 
     appropriated by this Act.
       Sec. 1525.  Notwithstanding section 1101, the level for 
     each of the following accounts of the National Archives and 
     Records Administration shall be as follows: ``Operating 
     Expenses'', $347,689,000; ``Office of Inspector General'', 
     $4,250,000; ``Electronic Records Archives'', $72,000,000, of 
     which $52,500,000 shall remain available until September 30, 
     2013; ``Repairs and Restoration'', $11,848,000; and 
     ``National Historical Publications and Records Commission, 
     Grants Program'', $9,000,000.
       Sec. 1526.  Public Law 109-115 is amended, under the 
     heading ``National Archives and Records Administration, 
     Repairs and Restoration'', by striking ``of which $1,500,000 
     is to construct a new regional archives and records facility 
     in Anchorage, Alaska,''.
       Sec. 1527.  Division H of Public Law 108-447 is amended, 
     under the heading ``National Archives and Records 
     Administration, Repairs and Restoration'', by striking ``of 
     which $3,000,000 is for site preparation and construction 
     management to construct a new regional archives and records 
     facility in Anchorage, Alaska, and''.
       Sec. 1528.  Of the unobligated balances of prior year 
     appropriations available under the heading ``Privacy and 
     Civil Liberties Oversight Board'', $1,500,000 are rescinded.
       Sec. 1529.  Notwithstanding section 1101, user fees for 
     ``Securities and Exchange Commission, Salaries and Expenses'' 
     shall be available for obligation in the amount of 
     $1,300,000,000.
       Sec. 1530.  Notwithstanding section 1101, the level 
     provided under the heading ``Small Business Administration, 
     Surety Bond Guarantees Revolving Fund'' shall be $0; the 
     level provided under the heading ``Small Business 
     Administration, Disaster Loans Program Account'' for the cost 
     of guaranteed loans shall be $0; and the level provided under 
     section 523 shall be $0.
       Sec. 1531.  Notwithstanding section 1101, the level for 
     ``United States Postal Service, Payment to the Postal Service 
     Fund'' shall be $29,000,000; and, notwithstanding section 
     1109, an additional $74,905,000 shall be available for 
     obligation on October 1, 2011.
       Sec. 1532.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, United States Tax Court, Salaries and 
     Expenses'' shall be $52,093,000, of which $2,852,000 shall be 
     for security improvements.
       Sec. 1533.  Section 617 of Public Law 111-117 is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2010''.
       Sec. 1534.  Section 710 of Public Law 111-117 is amended by 
     striking in (c), (d), and (e) ``September 30, 2009'' and 
     inserting ``September 30, 2010''.
       Sec. 1535.  Section 805(b) of Public Law 111-117 is amended 
     by striking ``November 1, 2010'' and inserting ``November 1, 
     2011''.
       Sec. 1536.  Of the unobligated balances available under the 
     heading ``General Services Administration, Federal Buildings 
     Fund'', $25,000,000 are rescinded and shall be returned to 
     the General Fund of the Treasury.

                      TITLE VI--HOMELAND SECURITY

       Sec. 1601.  Within 30 days after the date of enactment of 
     this division, the Department of Homeland Security shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives an expenditure plan for fiscal 
     year 2011 that displays the level of funding by program, 
     project, and activity consistent with the table of detailed 
     funding recommendations contained at the end of the joint 
     explanatory statement accompanying the Department of Homeland 
     Security Appropriations Act, 2010 (Public Law 111-83).
       Sec. 1602.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Secretary 
     and Executive Management'' shall be $144,818,000.
       Sec. 1603.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Under 
     Secretary for Management'' shall be $239,933,000.
       Sec. 1604.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Federal 
     Coordinator for Gulf Coast Rebuilding'' shall be $0.

[[Page 3339]]

       Sec. 1605.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Salaries and Expenses'' shall be $8,208,477,000: 
     Provided, That for fiscal year 2011, the Border Patrol shall 
     achieve an active duty presence of not less than 21,370 
     agents protecting the border of the United States by 
     September 30, 2011.
       Sec. 1606.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Automation Modernization'' shall be $341,575,000, 
     of which $153,090,000 shall be for the Automated Commercial 
     Environment.
       Sec. 1607. (a) Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Border Security Fencing, Infrastructure, and 
     Technology'' shall be $574,173,000.
       (b) Paragraph (11) of the first proviso and the third and 
     fourth provisos under the heading ``Border Security Fencing, 
     Infrastructure, and Technology'' of Public Law 111-83 shall 
     not apply to funds appropriated by this division.
       Sec. 1608.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Air and Marine Interdiction, Operations, 
     Maintenance, and Procurement'' shall be $508,751,000.
       Sec. 1609.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Construction and Facilities Management'' shall be 
     $279,740,000.
       Sec. 1610.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Salaries and Expenses'' shall be 
     $5,437,643,000: Provided, That U.S. Immigration and Customs 
     Enforcement shall maintain a level of not fewer than 33,400 
     detention beds throughout fiscal year 2011.
       Sec. 1611.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Automation Modernization'' shall be 
     $75,000,000.
       Sec. 1612.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Construction'' shall be $0.
       Sec. 1613.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Aviation Security'' shall be $5,251,046,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-83 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$5,251,046,000'' 
     for ``$5,214,040,000''; by substituting ``$4,339,293,000'' 
     for ``$4,358,076,000''; by substituting ``$629,297,000'' for 
     ``$1,116,406,000''; by substituting ``$911,753,000'' for 
     ``$855,964,000''; by substituting ``$291,191,000'' for 
     ``$778,300,000''; by substituting ``9 percent'' for ``28 
     percent''; and by substituting ``$3,151,046,000'' for 
     ``$3,114,040,000''.
       Sec. 1614.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Surface Transportation Security'' shall be 
     $105,961,000.
       Sec. 1615.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Transportation Threat Assessment and 
     Credentialing'' shall be $162,999,000.
       Sec. 1616.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Transportation Security Support'' shall be 
     $1,015,638,000.
       Sec. 1617.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Federal Air Marshals'' shall be $934,802,000.
       Sec. 1618.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Coast Guard, Operating 
     Expenses'' shall be $6,928,388,000 of which $254,000,000 is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurent resolution on the budget for 
     fiscal year 2010: Provided, That the Coast Guard may 
     decommission one Medium Endurance Cutter, two High Endurance 
     Cutters, four HU-25 aircraft, and one Maritime Safety and 
     Security Team, and may make necessary staffing adjustments at 
     the Coast Guard Investigative Service and other support 
     units, as specified in the budget justification materials for 
     fiscal year 2011 as submitted to the Committees on 
     Appropriations of the Senate and House of Representatives.
       Sec. 1619.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Coast Guard, Acquisition, 
     Construction, and Improvements'' shall be $1,533,783,000, of 
     which $2,000,000 shall be derived from the Coast Guard 
     Housing Fund, established pursuant to 14 U.S.C. 687, and 
     shall remain available until expended for military family 
     housing; of which $54,000,000 shall be for vessels, small 
     boats, critical infrastructure, and related equipment; of 
     which $36,000,000 shall be for other equipment; of which 
     $69,200,000 shall be for shore and aids to navigation 
     facilities, including waterfront facilities at Navy 
     installations used by the Coast Guard; of which $106,083,000 
     shall be available for personnel compensation and benefits 
     and related costs; and of which $1,266,500,000 shall be for 
     the Integrated Deepwater Systems program: Provided, That of 
     the funds made available for the Integrated Deepwater Systems 
     program, $101,000,000 is for aircraft and $1,010,000,000 is 
     for surface ships.
       Sec. 1620.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Coast Guard, Alteration of 
     Bridges'' shall be $0.
       Sec. 1621.  Notwithstanding section 1001, the level for 
     ``Department of Homeland Security, Coast Guard, Research, 
     Development, Test, and Evaluation'' shall be $28,745,000.
       Sec. 1622.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, United States Secret 
     Service, Salaries and Expenses'' shall be $1,526,361,000.
       Sec. 1623.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, Infrastructure Protection and 
     Information Security'' shall be $874,923,000.
       Sec. 1624.  Notwithstanding section 1101, under the heading 
     ``Department of Homeland Security, Federal Protective 
     Service'', the revenues and collections of security fees 
     credited to this account shall be available until expended 
     for necessary expenses related to the protection of 
     federally-owned and leased buildings and for the operations 
     of the Federal Protective Service: Provided, That, no later 
     than September 30, 2011, the Federal Protective Service shall 
     maintain not fewer than 1,250 full-time staff and 935 full-
     time Police Officers, Inspectors, Area Commanders, and 
     Special Agents who, while working, are directly engaged on a 
     daily basis protecting and enforcing laws at Federal 
     buildings (referred to as ``in-service field staff'').
       Sec. 1625.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, United States Visitor and Immigrant 
     Status Indicator Technology'' shall be $334,613,000.
       Sec. 1626.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of Health Affairs'' 
     shall be $139,734,000.
       Sec. 1627.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Management and Administration'' shall be 
     $803,150,000, of which $12,000,000 shall be for capital 
     improvements at the Federal Emergency Management Agency Mount 
     Weather Emergency Operations Center, and of which $38,000,000 
     shall be for the Urban Search and Rescue Response System.
       Sec. 1628.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, State and Local Programs'' shall be 
     $2,826,500,000: Provided, That of the amount provided by this 
     division for the State Homeland Security Grant Program under 
     such heading, $60,000,000 shall be for Operation Stonegarden 
     and $10,000,000 shall be for the Citizen Corps Program: 
     Provided further, That the amounts provided by this division 
     for the Citizen Corps Program under such heading shall not be 
     subject to the requirements of subtitle A of title XX of the 
     Homeland Security Act of 2002 (6 U.S.C. 603 et seq.): 
     Provided further, That of the amount provided by this 
     division for Public Transportation Security Assistance and 
     Railroad Security Assistance under such heading, no less than 
     $20,000,000 shall be for Amtrak security: Provided further, 
     That the amounts included under such heading in Public Law 
     111-83 shall be applied to funds appropriated by this 
     division as follows: in paragraph (1), by substituting 
     ``$900,000,000'' for ``$950,000,000''; in paragraph (3), by 
     substituting ``$30,000,000'' for ``$35,000,000''; in 
     paragraph (5), by substituting ``$0'' for ``$13,000,000''; in 
     paragraph (8), by substituting ``$0'' for ``$12,000,000''; in 
     paragraph (9), by substituting ``$35,000,000'' for 
     ``$50,000,000''; in paragraph (10), by substituting ``$0'' 
     for ``$50,000,000''; in paragraph (12), by substituting 
     ``$30,000,000'' for ``$60,000,000'' and ``$0'' for each 
     following amount in such paragraph; in paragraph (13), by 
     substituting ``$253,500,000'' for ``$267,200,000''; in 
     paragraph (13)(A), by substituting ``$159,500,000'' for 
     ``$164,500,000''; in paragraph (13)(B), by substituting 
     ``$0'' for ``$1,700,000''; and in paragraph (13)(C), by 
     substituting ``$0'' for ``$3,000,000'': Provided further, 
     That 5 percent of the amount provided for ``Department of 
     Homeland Security, Federal Emergency Management Agency, State 
     and Local Programs'' by this division shall be transferred to 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Management and Administration'' for 
     program administration.
       Sec. 1629.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Firefighter Assistance Grants'' for 
     programs authorized by the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.), shall be 
     $810,000,000, of which $405,000,000 shall be available to 
     carry out section 33 of that Act (15 U.S.C. 2229) and 
     $405,000,000 shall be available to carry out section 34 of 
     that Act (15 U.S.C. 2229a).

[[Page 3340]]

       Sec. 1630.  Notwithstanding the requirement under section 
     34(a)(1)(A) of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to 
     increase the number of firefighters in fire departments, the 
     Secretary of Homeland Security, in making grants under 
     section 34 of such Act using the funds appropriated for 
     fiscal year 2011, shall grant waivers from the requirements 
     of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of 
     such section: Provided, That section 34(a)(1)(E) of such Act 
     shall not apply with respect to funds appropriated for fiscal 
     year 2011 for grants under section 34 of such Act: Provided 
     further, That the Secretary of Homeland Security, in making 
     grants under section 34 of such Act, shall ensure that funds 
     appropriated for fiscal year 2011 are made available for the 
     retention of firefighters.
       Sec. 1631.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Disaster Relief'' shall be $1,950,000,000: 
     Provided, That the Administrator of the Federal Emergency 
     Management Agency shall submit quarterly reports to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives providing estimates of funding requirements 
     for ``Disaster Relief'' for the current fiscal year and the 
     succeeding three fiscal years. The report shall provide (a) 
     an estimate, by quarter, for the costs of all previously 
     designated disasters; (b) an estimate, by quarter, for the 
     cost of future disasters based on a five year average, 
     excluding catastrophic disasters; and (c) an estimate of the 
     date on which the ``Disaster Relief'' balance will reach 
     $500,000,000: Provided further, That the President shall 
     submit an emergency supplemental budget request no later than 
     three months prior to the date that the Administrator of the 
     Federal Emergency Management Agency estimates that the total 
     amount remaining unallocated in ``Disaster Relief'' will 
     reach $500,000,000, and that the request shall account for 
     all estimated funding requirements for that fiscal year.
       Sec. 1632.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Flood Map Modernization Fund'' shall be 
     $194,000,000.
       Sec. 1633.  Notwithstanding section 1101, in fiscal year 
     2011, funds shall not be available from the National Flood 
     Insurance Fund under section 1310 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4017) for operating expenses 
     in excess of $110,000,000, and for agents' commissions and 
     taxes in excess of $963,339,000: Provided, That 
     notwithstanding section 1101, for activities under the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) 
     and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 
     et seq.), the level shall be $169,000,000, which shall be 
     derived from offsetting collections assessed and collected 
     under 1308(d) of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4015(d)), of which not to exceed $22,145,000 shall be 
     available for salaries and expenses associated with flood 
     mitigation and flood insurance operations; and not less than 
     $146,855,000 shall be available for floodplain management and 
     flood mapping, which shall remain available until September 
     30, 2012.
       Sec. 1634.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, National Predisaster Mitigation Fund'' 
     shall be $85,000,000.
       Sec. 1635.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Emergency Food and Shelter'' shall be 
     $150,000,000.
       Sec. 1636.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, United States Citizenship 
     and Immigration Services'' shall be $146,593,000, of which 
     $25,000,000 is for processing applications for asylum and 
     refugee status, and of which $103,400,000 shall be for the E-
     Verify Program.
       Sec. 1637.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Law Enforcement 
     Training Center, Salaries and Expenses'' shall be 
     $235,919,000.
       Sec. 1638.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Law Enforcement 
     Training Center, Acquisitions, Construction, Improvements, 
     and Related Expenses'' shall be $38,456,000.
       Sec. 1639.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Science and Technology, 
     Management and Administration'' shall be $141,200,000.
       Sec. 1640.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Science and Technology, 
     Research, Development, Acquisition, and Operations'' shall be 
     $698,036,000: Provided, That the final proviso included under 
     the heading ``Department of Homeland Security, Science and 
     Technology, Research, Development, Acquisition, and 
     Operations'' in the Department of Homeland Security 
     Appropriations Act, 2010 (Public Law 111-83) shall have no 
     force or effect.
       Sec. 1641.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Domestic Nuclear Detection 
     Office, Management and Administration'' shall be $36,992,000.
       Sec. 1642.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Domestic Nuclear Detection 
     Office, Research, Development, and Operations'' shall be 
     $300,242,000.
       Sec. 1643.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Domestic Nuclear Detection 
     Office, Systems Acquisition'' shall be $40,000,000.
       Sec. 1644.  For an additional amount to plan, acquire, 
     construct, renovate, remediate, equip, furnish, and occupy 
     buildings and facilities for the consolidation of the 
     Department of Homeland Security headquarters, $91,400,000.
       Sec. 1645.  For an additional amount for necessary expenses 
     for reimbursement of the actual costs to State and local 
     governments for providing emergency management, public 
     safety, and security at events, as determined by the 
     Administrator of the Federal Emergency Management Agency, 
     related to the presence of a National Special Security Event, 
     $15,000,000, to remain available until September 30, 2012.
       Sec. 1646. (a) Section 560 of Public Law 111-83 shall not 
     apply to funds appropriated by this division.
       (b) For an additional amount for Science and Technology, 
     ``Research, Development, Acquisition, and Operations'', 
     $40,000,000, to remain available until September 30, 2012, 
     for construction of the Central Utility Plant at the National 
     Bio-and Agro-Defense Facility.
       (c) No funding provided in this or previous appropriations 
     Acts shall be used for construction of the National Bio- and 
     Agro-Defense Facility until--
       (1) the Department of Homeland Security has completed 50 
     percent of National Bio- and Agro-Defense Facility design 
     planning and submitted a revised site-specific biosafety and 
     biosecurity mitigation risk assessment that describes how to 
     significantly reduce risks of conducting essential research 
     and diagnostic testing at the National Bio- and Agro-Defense 
     Facility and addresses shortcomings identified in the 
     National Academy of Sciences' evaluation of the initial site-
     specific biosafety and biosecurity mitigation risk 
     assessment, and
       (2) the National Academy of Sciences submits an evaluation 
     of the revised site-specific biosafety and biosecurity 
     mitigation risk assessment.
       (d) The revised site-specific biosafety and biosecurity 
     mitigation risk assessment required by subsection (c) shall--
       (1) include a quantitative risk assessment for foot-and-
     mouth disease virus, in particular epidemiological and 
     economic impact modeling to determine the overall risk of 
     operating the facility for its expected 50-year life span, 
     taking into account strategies to mitigate risk of foot-and-
     mouth disease virus release from the laboratory and ensure 
     safe operations at the approved National Bio- and Agro-
     Defense Facility site;
       (2) address the impact of surveillance, response, and 
     mitigation plans (developed in consultation with local, 
     State, and Federal authorities and appropriate stakeholders) 
     if a release occurs, to detect and control the spread of 
     disease; and
       (3) include overall risks of the most dangerous pathogens 
     the Department of Homeland Security expects to hold in the 
     National Bio- and Agro-Defense Facility's biosafety level 4 
     facility, and effectiveness of mitigation strategies to 
     reduce those risks.
       (e) The Department of Homeland Security shall enter into a 
     contract with the National Academy of Sciences to evaluate 
     the adequacy and validity of the risk assessment required by 
     subsection (c). The National Academy of Sciences shall submit 
     a report on such evaluation within four months after the date 
     the Department of Homeland Security concludes its risk 
     assessment.
       Sec. 1647.  Section 503 of the Department of Homeland 
     Security Appropriations Act, 2010 (Public Law 111-83) is 
     amended by adding at the end the following:
       ``(e) The notification thresholds and procedures set forth 
     in this section shall apply to any use of deobligated 
     balances of funds provided in previous Department of Homeland 
     Security Appropriations Acts.''.
       Sec. 1648.  For fiscal year 2011, sections 529, 541, and 
     545 of the Department of Homeland Security Appropriations 
     Act, 2010 (Public Law 111-83; 123 Stat. 2174, 2176) shall 
     have no force or effect.
       Sec. 1649.  Section 550(b) of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 6 
     U.S.C. 121 note) is amended by striking ``on October 4, 
     2010'' and inserting ``on October 4, 2011''.
       Sec. 1650.  Section 831 of the Homeland Security Act of 
     2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a), by striking ``Until September 30, 
     2010,'' and inserting ``Until September 30, 2011,''; and
       (2) in subsection (d)(1), by striking ``September 30, 
     2010,'' and inserting ``September 30, 2011,''.
       Sec. 1651.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2010'' and inserting ``2011''.
       Sec. 1652.  Of the funds transferred to the Department of 
     Homeland Security when it was created in 2003, the following 
     funds are hereby rescinded from the following accounts and 
     programs in the specified amounts:

[[Page 3341]]

       (1) ``Operations'', $1,692,000.
       (2) ``Violent Crime Reduction Program'', $4,871,492.
       (3) ``U.S. Customs and Border Protection, Salaries and 
     Expenses'', $17,949,950.
       (4) ``Office for Domestic Preparedness'', $10,568,964.
       Sec. 1653.  The following unobligated balances made 
     available to the Department of Homeland Security pursuant to 
     section 505 of Department of Homeland Security Appropriations 
     Act, 2010 (Public Law 111-83; 123 Stat. 2174) are rescinded: 
     $886,665 from ``Office of the Secretary and Executive 
     Management''; $604,342 from ``Office of the Under Secretary 
     for Management''; $24,379 from the ``Office of the Chief 
     Financial Officer''; $29,741 from ``Office of the Chief 
     Information Officer''; $218,173 from ``Analysis and 
     Operations''; $76,498 from ``Office of the Federal 
     Coordinator for Gulf Coast Rebuilding''; $197,272 from 
     ``Office of Inspector General''; $11,373,129 from ``U.S. 
     Customs and Border Protection, Salaries and Expenses''; 
     $3,443,644 from ``U.S. Immigration and Customs Enforcement, 
     Salaries and Expenses''; $2,555,962 from ``Transportation 
     Security Administration, Federal Air Marshals''; $8,617,331 
     from ``Coast Guard, Operating Expenses''; $2,965,312 from 
     ``Coast Guard, Reserve Training''; $83,784 from ``National 
     Protection and Programs Directorate, Management and 
     Administration''; $551,737 from ``National Protection and 
     Programs Directorate, Infrastructure Protection and 
     Information Security''; $704,700 from ``United States Secret 
     Service, Salaries and Expenses''; $863,628 from ``Federal 
     Emergency Management Agency, Management and Administration''; 
     $864,660 from ``Office of Health Affairs''; $7,945,983 from 
     ``United States Citizenship and Immigration Services''; 
     $960,828 from ``Federal Law Enforcement Training Center, 
     Salaries and Expenses''; $353,524 from ``Science and 
     Technology, Management and Administration''; and $45,468 from 
     ``Domestic Nuclear Detection Office, Management and 
     Administration''.
       Sec. 1654.  Of the funds appropriated to the Department of 
     Homeland Security, the following unobligated balances are 
     hereby rescinded from the following accounts and programs in 
     the specified amounts:
       (1) ``Department of Homeland Security, U.S. Customs and 
     Border Protection, Automation Modernization'', $10,000,000.
       (2) ``Department of Homeland Security, U.S. Customs and 
     Border Protection, Border Security Fencing, Infrastructure, 
     and Technology'', $93,000,000.
       (3) ``Department of Homeland Security, Federal Emergency 
     Management Agency, National Predisaster Mitigation Fund'', 
     $19,603,000.
       (4) ``Department of Homeland Security, Science and 
     Technology, Research, Development, Acquisition, and 
     Operations'', $62,000,000.
       (5) ``Department of Homeland Security, Domestic Nuclear 
     Detection Office, Research, Development, and Operations'', 
     $15,700,000.
       (6) ``Department of Homeland Security, Coast Guard, 
     Acquisition, Construction, and Improvements'', $10,122,000.
       Sec. 1655.  Of the unobligated balances available for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Construction'' for construction projects, 
     $106,556,000 is rescinded: Provided, That the amounts 
     rescinded under this section shall be limited to amounts 
     available for Border Patrol projects and facilities: Provided 
     further, That no amounts may be rescinded from amounts that 
     were designated by Congress as an emergency requirement 
     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 1656.  Of the unobligated balances available for 
     ``Department of Homeland Security, Transportation Security 
     Administration'', $15,000,000 is rescinded: Provided, That 
     the Transportation Security Administration shall not rescind 
     any unobligated balances from the following programs: 
     explosives detection systems; checkpoint support; aviation 
     regulation and other enforcement; and air cargo.
       Sec. 1657.  Of the unobligated balances available for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, Infrastructure Protection and 
     Information Security'', the following amounts are rescinded:
       (1) $6,000,000 from Next Generation Networks.
       (2) $9,600,000 to be specified in a report submitted by the 
     Secretary of Homeland Security to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than 15 days after the date of enactment of this 
     division, that describes the amounts rescinded and the 
     original purpose of such funds.
       Sec. 1658.  From the unobligated balances of funds made 
     available in the Department of the Treasury Forfeiture Fund 
     established by section 9703 of title 31, United States Code, 
     that was added to such title by section 638 of Public Law 
     102-393, $22,600,000 are rescinded.
       Sec. 1659.  From the unobligated balances made available 
     for Coast Guard ``Operating Expenses'' in chapter 6 of title 
     I of Public Law 111-212, $5,000,000 are rescinded.
       Sec. 1660.  From the unobligated balances made available 
     for Coast Guard ``Acquisition, Construction, and 
     Improvements'' in chapter 5 of title I of division B of 
     Public Law 110-329, $26,500,000 are rescinded.
       Sec. 1661.  From the unobligated balances made available 
     for Transportation Security Administration ``Aviation 
     Security'' in chapter 5 of title III of Public Law 110-28, 
     $18,345,000 are rescinded.
       Sec. 1662.  From the unobligated balances of prior year 
     appropriations made available for United States Visitor and 
     Immigrant Indicator Technology, $55,295,000 are rescinded.
       Sec. 1663.  From the unobligated balances of prior year 
     appropriations made available for United States Citizenship 
     and Immigration Services for the program commonly known as 
     the ``REAL ID hub'', $18,500,000 are rescinded.
       Sec. 1664.  From the unobligated balances of prior year 
     appropriations made available for ``United States Citizenship 
     and Immigration Services'' in chapter 6 of title I of Public 
     Law 111-212, $6,500,000 are rescinded.
       Sec. 1665.  Of the unobligated balances available for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Construction'', $10,000,000 are 
     rescinded.

         TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

       Sec. 1701.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Land Management, 
     Management of Lands and Resources'' shall be $970,706,000: 
     Provided, That the amounts included under such heading in 
     division A of Public Law 111-88 shall be applied to funds 
     appropriated by this division by substituting 
     ``$970,706,000'' for ``$959,571,000'' the second place it 
     appears.
       Sec. 1702.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Land Management, 
     Construction'' shall be $6,626,000.
       Sec. 1703.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Land Management, Land 
     Acquisition'' shall be $26,650,000: Provided, That the 
     proviso under such heading in division A of Public Law 111-88 
     shall not apply to funds appropriated by this division.
       Sec. 1704.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, United States Fish and Wildlife 
     Service, Resource Management'' shall be $1,257,356,000.
       Sec. 1705.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, United States Fish and Wildlife 
     Service, Construction'' shall be $27,139,000.
       Sec. 1706.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, United States Fish and Wildlife 
     Service, Land Acquisition'' shall be $63,890,000.
       Sec. 1707.  Of the unobligated amounts under the heading 
     ``Department of the Interior, United States Fish and Wildlife 
     Service, Landowner Incentive Program'' from prior year 
     appropriations, all remaining amounts are rescinded.
       Sec. 1708.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, United States Fish and Wildlife 
     Service, Cooperative Endangered Species Conservation Fund'' 
     shall be $84,841,000: Provided, That the amounts included 
     under such heading in division A of Public Law 111-88 shall 
     be applied to funds appropriated by this division by 
     substituting ``$4,987,297'' for ``$5,145,706''.
       Sec. 1709.  Before the end of the 60-day period beginning 
     on the date of enactment of this division, the Secretary of 
     the Interior shall reissue the final rule published on April 
     2, 2009 (74 Fed. Reg. 15123 et seq.) without regard to any 
     other provision of statute or regulation that applies to 
     issuance of such rule. Such reissuance (including this 
     section) shall not be subject to judicial review.
       Sec. 1710.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, National Park Service, Park 
     Partnership Project Grants'' shall be $0 and the matters 
     pertaining to such account in division A of Public Law 111-88 
     shall not apply to funds appropriated by this division.
       Sec. 1711.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, National Park Service, National 
     Recreation and Preservation'' shall be $57,986,000, of which 
     $0 shall be for projects authorized by section 7302 of Public 
     Law 111-11.
       Sec. 1712.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, National Park Service, Historic 
     Preservation Fund'' shall be $69,300,000: Provided, That the 
     amounts included under such heading in division A of Public 
     Law 111-88 shall be applied to funds appropriated by this 
     division by substituting ``$14,800,000'' for ``$25,000,000'': 
     Provided  further, That the proviso under such heading in 
     division A of Public Law 111-88 shall not apply to funds 
     appropriated by this division.
       Sec. 1713.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, National Park Service, 
     Construction'' shall be $210,066,000: Provided, That the last 
     proviso under such heading in division A of Public Law 111-88 
     shall not apply to funds appropriated by this division.
       Sec. 1714.  The contract authority provided for fiscal year 
     2011 by 16 U.S.C. 460l-10a is rescinded.
       Sec. 1715.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, National Park Service, Land 
     Acquisition and State Assistance'' shall be $108,846,000: 
     Provided, That section 113 of division A of Public

[[Page 3342]]

     Law 111-88 shall not apply to funds appropriated by this 
     division.
       Sec. 1716.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, United States Geological 
     Survey, Surveys, Investigations, and Research'' shall be 
     $1,104,844,000.
       Sec. 1717.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Minerals Management Service, 
     Royalty and Offshore Minerals Management'' shall be 
     $253,613,000: Provided, That the amounts included under such 
     heading in division A of Public Law 111-88 shall be applied 
     to funds appropriated by this division by substituting 
     ``$104,674,000'' for ``$89,374,000''; and by substituting 
     ``$154,890,000'' for ``$156,730,000'' each place it appears.
       Sec. 1718.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Minerals Management Service, 
     Oil Spill Research'' shall be $11,768,000.
       Sec. 1719.  During fiscal year 2011, the Secretary of the 
     Interior, in order to implement a reorganization of the 
     Bureau of Ocean Energy Management, Regulation, and 
     Enforcement, may establish accounts, transfer funds among and 
     between the offices and bureaus affected by the 
     reorganization, and take other administrative actions 
     necessary in conformance with the House and Senate Committees 
     on Appropriations reprogramming guidelines described in the 
     joint explanatory statement of managers accompanying Public 
     Law 111-88.
       Sec. 1720.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Indian Affairs, 
     Operation of Indian Programs'' shall be $2,334,515,000: 
     Provided, That the amounts included under such heading in 
     division A of Public Law 111-88 shall be applied to funds 
     appropriated by this division as follows: by substituting 
     ``$220,000,000'' for ``$166,000,000''; by substituting 
     ``$585,411,000'' for ``$568,702,000''; and by substituting 
     ``$46,373,000'' for ``$43,373,000''.
       Sec. 1721.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Indian Affairs, 
     Construction'' shall be $165,000,000.
       Sec. 1722.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Indian Affairs, 
     Indian Land and Water Claim Settlements and Miscellaneous 
     Payments to Indians'' shall be $46,480,000, of which $0 shall 
     be for the matter pertaining to Public Law 109-379.
       Sec. 1723.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Indian Affairs, 
     Indian Land Consolidation'' shall be $0.
       Sec. 1724.  Section 108 of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2006 
     (Public Law 109-54) is amended by striking ``for fiscal years 
     2006 through 2010, for the purpose of reducing the backlog 
     of'' and inserting ``for fiscal year 2006 and each fiscal 
     year thereafter, for the purpose of adjudicating''.
       Sec. 1725.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Departmental Offices, Insular 
     Affairs, Assistance to Territories'' shall be $84,295,000: 
     Provided, That the amounts included under such heading in 
     division A of Public Law 111-88 shall be applied to funds 
     appropriated by this division by substituting ``$75,015,000'' 
     for ``$75,915,000''.
       Sec. 1726.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Departmental Offices, Office of 
     the Special Trustee for American Indians, Federal Trust 
     Programs'' shall be $176,984,000, as provided for in section 
     3004(a) of Public Law 111-212 (124 Stat. 2339): Provided, 
     That the amount included under such heading in division A of 
     Public Law 111-88 shall be $47,536,000, as provided for in 
     section 3004(a) of Public Law 111-212 (124 Stat. 2339).
       Sec. 1727.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Department-wide Programs, 
     Wildland Fire Management'' shall be $919,897,000: Provided, 
     That the amounts included under such heading in division A of 
     Public Law 111-88 shall be applied to funds appropriated by 
     this division by substituting ``$0'' for ``$125,000,000'': 
     Provided further, That $200,000,000 in unobligated fire 
     suppression balances under this heading from Public Law 111-8 
     and Public Law 111-88 are hereby permanently rescinded.
       Sec. 1728.  Notwithstanding section 1104, section 121 of 
     division A of Public Law 111-88 (123 Stat. 2930), concerning 
     joint ticketing at the Pearl Harbor Naval Complex, is amended 
     in subsection (b)(1) by striking ``may enter'' and inserting 
     ``may, for this fiscal year and each fiscal year thereafter, 
     enter''.
       Sec. 1729.  Notwithstanding section 1101, the level for 
     ``Environmental Protection Agency, Science and Technology'' 
     shall be $826,370,000.
       Sec. 1730.  Notwithstanding section 1101, the level for 
     ``Environmental Protection Agency, Environmental Programs and 
     Management'' shall be $2,789,417,000: Provided, That of the 
     funds included under this heading $429,441,000 shall be for 
     the Geographic Programs specified in the explanatory 
     statement accompanying Public Law 111-88: Provided further, 
     That of such amount for Geographic Programs, $300,000,000 
     shall be for the Great Lakes Restoration Initiative; and 
     $46,000,000 shall be for Puget Sound.
       Sec. 1731.  The matter pertaining to planning and design of 
     a high-performance green building to consolidate the multiple 
     offices and research facilities of the Environmental 
     Protection Agency in Las Vegas, Nevada under the heading 
     ``Environmental Protection Agency, Buildings and Facilities'' 
     in division A of Public Law 111-88 shall not apply to funds 
     appropriated by this division.
       Sec. 1732.  Notwithstanding section 1101, the level for 
     ``Environmental Protection Agency, Hazardous Substance 
     Superfund'' shall be $1,293,475,000: Provided, That the 
     matter under such heading in division A of Public Law 111-88 
     shall be applied to funds appropriated in this division as 
     follows: by substituting ``$1,293,475,000'' the second place 
     it appears; and by substituting ``September 30, 2010'' for 
     ``September 30, 2009''.
       Sec. 1733.  Notwithstanding section 1101, the level for 
     ``Environmental Protection Agency, State and Tribal 
     Assistance Grants'' shall be $4,780,946,000: Provided,  That 
     the amounts included under such heading in division A of 
     Public Law 111-88 shall be applied to funds appropriated by 
     this division by substituting ``$14,500,000'' for 
     ``$17,000,000''; by substituting ``$0'' for ``$156,777,000''; 
     by substituting ``$0'' for ``$20,000,000; by substituting 
     ``$1,106,446,000'' for ``$1,116,446,000''; and by 
     substituting ``$0'' for ``$10,000,000'' the second place it 
     appears (pertaining to competitive grants to communities)''.
       Sec. 1734.  Notwithstanding section 1101, the amounts 
     authorized to transfer under the heading ``Environmental 
     Protection Agency, Administrative Provisions, Environmental 
     Protection Agency'' in division A of Public Law 111-88 shall 
     be applied to funds appropriated by this division by 
     substituting ``$300,000,000'' for ``$475,000,000''.
       Sec. 1735.  Notwithstanding section 1101, the level for 
     ``Department of Agriculture, Forest Service, State and 
     Private Forestry'' shall be $301,611,000.
       Sec. 1736.  Notwithstanding section 1101, the level for 
     ``Department of Agriculture, Forest Service, National Forest 
     System'' shall be $1,566,339,000, of which $15,000,000 shall 
     be deposited in the Collaborative Forest Landscape 
     Restoration Fund for ecological treatments as authorized by 
     16 U.S.C. 7303(f).
       Sec. 1737.  Notwithstanding section 1101, the level for 
     ``Department of Agriculture, Forest Service, Capital 
     Improvement and Maintenance'' shall be $509,762,000: 
     Provided, That amounts included under such heading in 
     division A of Public Law 111-88 shall be applied to funds 
     appropriated in this division by substituting ``$50,000,000'' 
     for ``90,000,000''.
       Sec. 1738.  Notwithstanding section 1101, the level for 
     ``Department of Agriculture, Forest Service, Land 
     Acquisition'' shall be $33,184,000.
       Sec. 1739.  Notwithstanding section 1101, the level for 
     ``Department of Agriculture, Forest Service, Wildland Fire 
     Management'' shall be $2,178,387,000: Provided, That the 
     amounts included under such heading in division A of Public 
     Law 111-88 shall be applied to funds appropriated by this 
     division by substituting ``$0'' for ``$75,000,000'': Provided 
     further, That $200,000,000 in unobligated fire suppression 
     balances under this heading from Public Law 111-88 are hereby 
     permanently rescinded.
       Sec. 1740.  Notwithstanding section 1101, the level for 
     ``Department of Agriculture, Forest Service, FLAME Wildfire 
     Suppression Reserve Fund'' shall be $291,000,000: Provided, 
     That $200,000,000 in unobligated balances under this heading 
     from Public Law 111-88 are hereby rescinded.
       Sec. 1741.  Notwithstanding section 1101, the level for 
     ``Chemical Safety and Hazard Investigation Board, Salaries 
     and Expenses'' shall be $10,547,000: Provided, That the 
     matter pertaining to methyl isocyanate in the last proviso 
     under such heading in division A of Public Law 111-88 shall 
     not apply to funds appropriated by this division.
       Sec. 1742.  Notwithstanding section 1101, the level for 
     ``Smithsonian Institution, Legacy Fund'' shall be $0.
       Sec. 1743.  Notwithstanding section 1101, the level for 
     ``National Gallery of Art, Repair, Restoration and Renovation 
     of Buildings'' shall be $48,221,000: Provided, That the 
     amounts included under such heading in division A of Public 
     Law 111-88 shall be applied to funds appropriated by this 
     division by substituting ``$42,250,000'' for ``$40,000,000''.
       Sec. 1744.  Notwithstanding section 1101, the proviso under 
     the heading ``John F. Kennedy Center for the Performing Arts, 
     Operations and Maintenance'' in division A of Public Law 111-
     88 shall not apply to funds appropriated by this division.
       Sec. 1745.  Notwithstanding section 1101, the level for 
     ``John F. Kennedy Center for the Performing Arts, Capital 
     Repair and Restoration'' shall be $13,920,000.
       Sec. 1746.  Notwithstanding section 1101, the level for 
     ``National Capital Arts and Cultural Affairs'' shall be 
     $4,500,000.
       Sec. 1747.  Notwithstanding section 1101, the level for 
     ``Dwight D. Eisenhower Memorial Commission, Salaries and 
     Expenses'' shall be $0.
       Sec. 1748.  Notwithstanding section 1101, the level for 
     ``Dwight D. Eisenhower Memorial Commission, Capital 
     Construction'' shall be $0.
       Sec. 1749.  Section 409 of division A of Public Law 111-88 
     (123 Stat. 2957) is amended by striking ``and 111-8'' and 
     inserting ``111-8,

[[Page 3343]]

     and 111-88'', and by striking ``2009'' and inserting 
     ``2010''.
       Sec. 1750.  Notwithstanding section 1101, the level for 
     section 415 of division A of Public Law 111-88 shall be $0.
       Sec. 1751.  Notwithstanding section 1104, section 423 of 
     division A of Public Law 111-88 (123 Stat. 2961), concerning 
     the distribution of geothermal energy receipts, shall have no 
     force or effect and the distribution formula contained in 
     section 3003(a) of Public Law 111-212 (124 Stat. 2338) shall 
     apply for fiscal year 2011.
       Sec. 1752.  Section 433 of division A of Public Law 111-88 
     (123 Stat. 2965) is amended by striking ``2010'' and ``2009'' 
     and inserting ``2011'' and ``2010'', respectively.
       Sec. 1753.  The Bureau of Land Management, Fish and 
     Wildlife Service, National Park Service, and Forest Service 
     may allocate either greater or lesser amounts than those 
     otherwise specified in the project tables accompanying Public 
     Laws 111-8 and 111-88 within the construction, land 
     acquisition, or capital improvement and maintenance accounts 
     when necessary to complete projects based on the original 
     project scope or to utilize excess funds available after 
     completion of a project on other projects within the same 
     account, and in compliance with the reprogramming guidelines 
     contained in the joint explanatory statement accompanying 
     Public Law 111-88.
       Sec. 1754.  Section 7 of Public Law 99-647, as amended by 
     section 702(d) of Public Law 109-338, is further amended by 
     striking ``5 years'' and inserting ``6 years''.
       Sec. 1755.  Not later than 30 days after the date of 
     enactment of this division, each of the following departments 
     and agencies shall submit to the House and Senate Committees 
     on Appropriations a spending, expenditure, or operating plan 
     for fiscal year 2011 at a level of detail below the account 
     level:
       (1) Department of the Interior.
       (2) Environmental Protection Agency.
       (3) Department of Agriculture, Forest Service.
       (4) Indian Health Service.
       (5) Smithsonian Institution.

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

                    (including rescission of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 1807. (a) The language under the ``Working Capital 
     Fund'' heading in Public Law 85-67, as amended, is further 
     amended by deleting: ``Providedfurther, That within the 
     Working Capital Fund,'' through and including ``, to be 
     available without further appropriation action.''
       (b) Funds collected pursuant to that authority shall be 
     available for the Department of Labor's acquisition workforce 
     capacity and capabilities which may be transferred by the 
     Secretary of Labor for that purpose to any other account in 
     the Department (in addition to any other transfer authority 
     provided in this Act).
       Sec. 1808. (a) Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Health Resources 
     and Services Administration, Health Resources and Services'' 
     shall be $7,177,914,000, of which:
       (1) not more than $100,000,000 shall be available until 
     expended for carrying out the provisions of Public Law 104-73 
     and for expenses incurred by the Department of Health and 
     Human Services pertaining to administrative claims made under 
     such law;
       (2) not less than $2,010,759,000 shall remain available 
     through September 30, 2013 for parts A and B of title XXVI of 
     the Public Health Service Act (hereafter in this chapter, 
     ``PHS Act''), of which not less than $912,894,000 shall be 
     for State AIDS Drug Assistance Programs under the authority 
     of section 2616 or 311(c) of such Act;
       (3) not less than $79,365,000 shall be available to carry 
     out sections 747 and 767 of the PHS Act;
       (4) not less than $43,000,000 shall be available for oral 
     health programs authorized under section 748 and subpart X of 
     title III of the PHS Act; and
       (5) not less than $272,285,000 shall be available to carry 
     out title VIII of the PHS Act.
       (b) The eighteenth and nineteenth provisos under the 
     heading ``Department of Health and Human Services, Health 
     Resources and Services Administration, Health Resources and 
     Services'' in division D of Public Law 111-117 shall not 
     apply to funds appropriated by this Act.
       (c) Sections 340G-1(d)(1) and (d)(2), 747(c)(2), and 
     751(j)(2) of the PHS Act, and the proportional funding 
     amounts in paragraphs (1) through (4) of section 756(e) of 
     such Act shall not apply to funds made available in this Act 
     for ``Department of Health and Human Services, Health 
     Resources and Services Administration, Health Resources and 
     Services''.
       (d) For any program operating under section 751 of the PHS 
     Act on or before January 1, 2009, the Secretary of Health and 
     Human Services may waive any of the requirements contained in 
     sections 751(d)(2)(A) and 751(d)(2)(B) of such Act.
       Sec. 1809. (a) Notwithstanding section 1101, the level for 
     the first paragraph under the heading ``Department of Health 
     and Human Services; Centers for Disease Control and 
     Prevention; Disease Control, Research, and Training'' shall 
     be $6,037,547,000, of which:
       (1) $12,000,000 shall remain available until expended for 
     acquisition of real property,

[[Page 3344]]

     equipment, construction, and renovation of facilities, 
     including necessary repairs and improvements to laboratories 
     leased or operated by the Centers for Disease Control and 
     Prevention;
       (2) not less than $382,152,000 shall be available for 
     Business Support Services; and
       (3) $527,234,000 shall remain available until expended for 
     the Strategic National Stockpile under section 319F-2 of the 
     PHS Act.
       (b) Paragraphs (1) through (3) of section 2821(b) of the 
     PHS Act shall not apply to funds made available in this Act.
       (c) Notwithstanding section 1101, funds appropriated for 
     ``Department of Health and Human Services; Centers for 
     Disease Control and Prevention; Disease Control, Research, 
     and Training'' shall also be available to carry out title II 
     of the Immigration and Nationality Act and sections 4001, 
     4004, 4201, and 4301 of the Patient Protection and Affordable 
     Care Act.
       (d) Notwithstanding section 1101 and the amount included 
     immediately prior to the first proviso under the heading 
     ``Department of Health and Human Services, Centers for 
     Disease Control and Prevention, Disease Control, Research, 
     and Training'' of division D of Public Law 111-117, 
     $210,724,000 shall be available to carry out the activities 
     of the National Institute for Occupational Safety and Health.
       Sec. 1810.  Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, National 
     Institutes of Health, National Institute of Allergy and 
     Infectious Diseases'' shall be $4,818,275,000: Provided, That 
     none of these funds will be derived from funds transferred to 
     the Public Health and Social Services Emergency Fund in 
     Public Law 111-117.
       Sec. 1811. (a) Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Substance Abuse 
     and Mental Health Services Administration, Substance Abuse 
     and Mental Health Services'' shall be $3,416,311,000.
       (b) The second proviso under the heading ``Department of 
     Health and Human Services, Substance Abuse and Mental Health 
     Services Administration, Substance Abuse and Mental Health 
     Services'' in division D of Public Law 111-117 shall not 
     apply to funds appropriated by this Act.
       Sec. 1812. (a) Notwithstanding section 1101, the level for 
     amounts transferred from the Federal Hospital Insurance and 
     Supplementary Medical Insurance Trust Funds for ``Department 
     of Health and Human Services, Centers for Medicare and 
     Medicaid Services, Program Management'' shall not exceed 
     $3,676,147,000, of which $9,120,000 shall remain available 
     through September 30, 2012, for Medicare contracting reform 
     activities.
       (b) Notwithstanding section 1101, funds appropriated for 
     ``Department of Health and Human Services; Centers for 
     Medicare and Medicaid Services, Program Management'' shall 
     also be available to carry out the Patient Protection and 
     Affordable Care Act.
       (c) The amount under the second proviso under the heading 
     ``Department of Health and Human Services, Centers for 
     Medicare and Medicaid Services, Program Management'' in 
     division D of Public Law 111-117 shall be applied to funds 
     appropriated by this division by substituting ``$37,700,000'' 
     for ``$35,681,000''.
       (d) The amount under the fourth proviso under the heading 
     ``Department of Health and Human Services, Centers for 
     Medicare and Medicaid Services, Program Management'' in 
     division D of Public Law 111-117 shall be applied to funds 
     appropriated by this division by substituting ``not less than 
     $50,000,000'' for ``$55,000,000''.
       Sec. 1813.  Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Centers for 
     Medicare and Medicaid Services, Health Care Fraud and Abuse 
     Control'' shall be $471,000,000 which shall remain available 
     through September 30, 2012, of which: (1) $280,640,000 shall 
     be for the Medicare Integrity Program at the Centers for 
     Medicare & Medicaid Services, including administrative costs, 
     to conduct oversight activities for Medicare Advantage and 
     the Medicare Prescription Drug Program authorized in title 
     XVIII of the Social Security Act and for activities listed in 
     section 1893 of such Act; (2) $79,657,000 shall be for the 
     Department of Health and Human Services Office of Inspector 
     General to carry out fraud and abuse activities authorized by 
     section 1817(k)(3) of such Act; (3) $35,100,000 shall be for 
     the Medicaid and Children's Health Insurance Program 
     integrity activities; and (4) $75,603,000 shall be for the 
     Department of Justice to carry out fraud and abuse activities 
     authorized by section 1817(k)(3) of such Act.
       Sec. 1814. (a) Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Administration for 
     Children and Families, Low Income Home Energy Assistance'' 
     shall be $4,850,000,000, of which $4,509,672,000 shall be for 
     payments under subsections (b) and (d) of section 2602 of the 
     Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
     8621); and of which $340,328,000 shall be for payments under 
     subsection (e) of such Act, to be made notwithstanding the 
     designation requirements of such subsection.
       Sec. 1815.  Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Administration for 
     Children and Families, Payments to States for the Child Care 
     and Development Block Grant'' shall be $2,437,081,000: 
     Provided, That in addition to the amounts required to be 
     reserved by the States under section 658G of the Child Care 
     and Development Block Grant Act of 1990, $310,958,000 shall 
     be reserved by the States for activities authorized under 
     section 658G, of which $114,040,000 shall be for activities 
     that improve the quality of infant and toddler care: Provided 
     further, That of funds available for child care resource and 
     referral and school-aged child care activities, $1,000,000 
     shall be available to the Secretary of Health and Human 
     Services for a competitive grant for a toll free hotline and 
     website to help parents access child care in their local 
     community and to develop and disseminate consumer education 
     information for parents.
       Sec. 1816. (a) Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Administration for 
     Children and Families, Children and Families Services 
     Programs'' shall be $9,615,121,000, of which--
       (1) $44,500,000 shall be for grants to States for adoption 
     incentive payments as authorized by section 473A of the 
     Social Security Act;
       (2) $7,574,783,000 shall be for making payments under the 
     Head Start Act: Provided, That for purposes of allocating 
     such funds under the Head Start Act, the term ``base grant'' 
     as used in subsection (a)(7)(A) of section 640 of such Act 
     with respect to funding provided to a Head Start agency 
     (including each Early Head Start agency) for fiscal year 2010 
     shall be deemed to include 50 percent of the funds 
     appropriated under ``Department of Health and Human Services, 
     Administration for Children and Families, Children and Family 
     Services Programs'' in Public Law 111-5 and provided to such 
     agency for carrying out expansion of Head Start programs, as 
     that phrase is used in subsection (a)(4)(D) of such section 
     640, and provided to such agency as the ongoing funding level 
     for operations in the 12 month budget period beginning in 
     fiscal year 2010; and
       (3) $36,000,000 shall be for section 680(a)(2) of the CSBG 
     Act.
       (b) Notwithstanding section 611(d)(1) of title VI of 
     division G of Public Law 110-161, the National Commission on 
     Children and Disasters shall terminate on October 1, 2011.
       Sec. 1817.  Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Administration on 
     Aging, Aging Services Programs'' shall be $1,545,246,000, of 
     which $462,822,000 shall be for congregate nutrition, 
     $228,560,000 shall be for home-delivered nutrition, and 
     $29,708,000 shall be for Native American nutrition: Provided, 
     That funds appropriated for ``Department of Health and Human 
     Services, Administration on Aging, Aging Services Programs'' 
     shall also be available to carry out subtitle B of title XX 
     of the Social Security Act and for necessary administrative 
     expenses to carry out title XVII of the PHS Act: Provided 
     further, That amounts otherwise available in this Act to 
     carry out activities relating to Aging and Disability 
     Resource Centers, under subsections (a)(20)(B)(iii) and 
     (b)(8) of section 202 of the Older Americans Act of 1965, 
     shall be reduced by any amounts made available for fiscal 
     year 2011 for such purposes under section 2405 of the Patient 
     Protection and Affordable Care Act.
       Sec. 1818.  Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Office of the 
     Secretary, General Departmental Management'' from the General 
     Fund shall be $490,727,000: Provided, That amounts included 
     under such heading in division D of Public Law 111-117 shall 
     be applied to funds appropriated by this division by 
     substituting ``$0'' for ``$5,789,000'': Provided further, 
     That none of the funds made available in this Act shall be 
     for carrying out activities specified under section 
     2003(b)(2) or (3) of the PHS Act: Provided further, That the 
     second, fifth and sixth provisos under such heading in 
     division D of Public Law 111-117 shall not apply to funds 
     appropriated by this division.
       Sec. 1819. (a) Notwithstanding section 1101, the level for 
     ``Department of Health and Human Services, Office of the 
     Secretary, Public Health and Social Services Emergency Fund'' 
     shall be $718,520,000, of which $65,578,000 shall be for 
     expenses necessary to prepare for and respond to an influenza 
     pandemic, none of which shall be available past September 30, 
     2011, and $35,000,000 shall be for expenses necessary for 
     fit-out and other costs related to a competitive lease 
     procurement to renovate or replace the existing headquarters 
     building for Public Health Service agencies and other 
     components of the Department of Health and Human Services: 
     Provided, That in addition, $476,194,000 of the funds 
     transferred to the account under the heading ``Department of 
     Health and Human Services, Office of the Secretary, Public 
     Health and Social Services Emergency Fund'' in Public Law 
     111-117 under the fourth paragraph under such heading may be 
     used to support advanced research and development pursuant to 
     section 319L of the PHS Act and other administrative expenses 
     of the Biomedical Advanced Research and Development 
     Authority.

[[Page 3345]]

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

                    (including rescission of funds)

       Sec. 1833. (a) Notwithstanding section 1101, the level for 
     ``Department of Education, Student Financial Assistance'' 
     shall be $24,899,957,000.
       (b) The maximum Pell Grant for which a student shall be 
     eligible during award year 2011-2012 shall be $4,860.
       (c) Of the funds made available under section 401A(e)(1)(E) 
     of the Higher Education Act of 1965, $561,000,000 are 
     rescinded.
       Sec. 1834.  Notwithstanding sections 1101 and 1103, the 
     level for ``Department of Education, Student Aid 
     Administration'' shall be $994,000,000, which shall remain 
     available through September 30, 2012.
       Sec. 1835.  Notwithstanding section 1101, the level for 
     ``Department of Education, Higher Education'' shall be 
     $2,133,802,000, of which no funds shall be available for Erma 
     Byrd Scholarships.
       Sec. 1836.  Notwithstanding section 1101, the level for 
     ``Department of Education, Historically Black College and 
     University Capital Financing Program Account'' shall be 
     $20,582,000: Provided, That these funds are available to 
     subsidize total loan principal, any part of which is to be 
     guaranteed, not to exceed $279,393,000.
       Sec. 1837. (a) Notwithstanding section 1101, the level for 
     ``Department of Education, Institute of Education Sciences'' 
     shall be $653,006,000.
       (b) Notwithstanding subsections (d) and (e) of section 174 
     of the Education Sciences Reform Act of 2002, $69,650,000 may 
     be used to continue the contracts for the Regional 
     Educational Laboratories for one additional year.
       Sec. 1838.  Notwithstanding section 1101, the level for 
     ``Corporation for National and Community Service, National 
     Service Trust'' shall be $219,659,000.
       Sec. 1839.  Notwithstanding section 1101, the level for 
     ``Corporation for Public Broadcasting'' for fiscal year 2011 
     shall be $20,000,000 and shall not be available for fiscal 
     stabilization grants and the public radio interconnection 
     system.
       Sec. 1840.  Notwithstanding section 1101, the level for the 
     National Health Care Workforce Commission as authorized by 
     section 5101 of the Patient Protection and Affordable Care 
     Act, as amended, shall be $3,000,000.

[[Page 3346]]

       Sec. 1841.  Notwithstanding section 1101, the level for 
     ``Institute of Museum and Library Services, Office of Museum 
     and Library Services: Grants and Administration'' shall be 
     $265,869,000.
       Sec. 1842.  Notwithstanding section 1101, the level for 
     ``Medicare Payment Advisory Commission, Salaries and 
     Expenses'' shall be $12,450,000.
       Sec. 1843.  Notwithstanding section 1101, the level for 
     ``Railroad Retirement Board, Dual Benefits Payments Account'' 
     shall be $57,000,000.

                    (including rescission of funds)

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

                      TITLE IX--LEGISLATIVE BRANCH

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

[[Page 3347]]

       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 1999.
       Sec. 1925.  Notwithstanding section 1101, the level for 
     ``Government Accountability Office, Salaries and Expenses'' 
     shall be $547,849,000, the amount applicable under the first 
     proviso under that heading shall be $9,400,000, the amount 
     applicable under the second proviso under that heading shall 
     be $3,100,000, and the amount applicable under the third 
     proviso under that heading shall be $7,000,000.

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

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

[[Page 3348]]

     Code, for health care provided at facilities designated as a 
     combined Federal medical facility as described by section 706 
     of Public Law 110-417 shall also be available: (1) for 
     transfer to the Joint Department of Defense-Department of 
     Veterans Affairs Medical Facility Demonstration Fund, 
     established by section 1704 of Public Law 111-84; and (2) for 
     operations of the facilities designated as a combined Federal 
     medical facility as described by section 706 of Public Law 
     110-417.
       Sec. 2025.  Of the funds made available for ``Department of 
     Veterans Affairs, Departmental Administration, Information 
     technology systems'' in division E of Public Law 111-117, 
     $147,000,000 are rescinded.
       Sec. 2026.  Of the amounts appropriated or otherwise made 
     available under the following headings in title X of division 
     A of Public Law 111-5, the following amounts associated with 
     unobligated balances are hereby rescinded: ``Military 
     Construction, Army'', $9,400,000; ``Military Construction, 
     Navy'', $22,700,000; ``Military Construction, Air Force'', 
     $9,000,000; and ``Military Construction, Defense-Wide'', 
     $92,900,000.
       Sec. 2027.  Of the unobligated balances available under 
     ``Department of Veterans Affairs, Construction, Major 
     Projects'' from prior appropriations Acts, $75,000,000 are 
     hereby rescinded.
       Sec. 2028.  In the Senate, section 902 of Public Law 111-
     212, the Supplemental Appropriations Act, 2010, shall be 
     subject to section 3002 of that Act and accordingly is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

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

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

[[Page 3349]]

     in claims settlements, and other costs for systems 
     infrastructure directly supporting transactions, shall not be 
     considered administrative expenses.
       Sec. 2116. (a) Notwithstanding section 1101, the amounts 
     included under the heading ``Administration of Foreign 
     Affairs, Embassy Security, Construction and Maintenance'' in 
     division F of Public Law 111-117 shall be applied to funds 
     appropriated by this division as follows: by substituting 
     ``$835,000,000'' for ``$876,850,000'' in the first paragraph; 
     and by substituting ``$795,000,000'' for ``$847,300,000'' in 
     the second paragraph.
       (b) Notwithstanding section 1101, the amounts included 
     under the heading ``Bilateral Economic Assistance, Funds 
     Appropriated to the President, Development Credit Authority'' 
     in division F of Public Law 111-117 shall be applied to funds 
     appropriated by this division as follows: by substituting 
     ``$30,000,000'' for ``$25,000,000'' in the first paragraph; 
     and by substituting ``$8,300,000'' for ``$8,600,000'' in the 
     second paragraph.
       Sec. 2117.  Notwithstanding section 1101, the amounts 
     included under the heading ``Bilateral Economic Assistance, 
     Funds Appropriated to the President, Global Health and Child 
     Survival'' in division F of Public Law 111-117 shall be 
     applied to funds appropriated by this division as follows: by 
     substituting in the first paragraph ``$2,525,000,000'' for 
     ``$2,420,000,000''; and by substituting ``$5,355,000,000'' 
     for ``$5,359,000,000'' in the second paragraph.
       Sec. 2118.  Notwithstanding section 1101, the amounts 
     included under the heading ``Administration of Foreign 
     Affairs, Office of Inspector General'' in division F of 
     Public Law 111-117 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$22,000,000'' for 
     ``$23,000,000'' for the Special Inspector General for Iraq 
     Reconstruction and ``$24,000,000'' for ``$23,000,000'' for 
     the Special Inspector General for Afghanistan Reconstruction.
       Sec. 2119.  Notwithstanding section 1101, the level for 
     each of the following accounts shall be $0: ``Administration 
     of Foreign Affairs, Buying Power Maintenance Account''; 
     ``Bilateral Economic Assistance, Funds Appropriated to the 
     President, International Fund for Ireland''; and 
     ``Multilateral Assistance, Funds Appropriated to the 
     President, Contribution to the Asian Development Fund''.
       Sec. 2120. (a) Of the unobligated balances available from 
     funds appropriated under the heading ``Export and Investment 
     Assistance, Export-Import Bank of the United States, Subsidy 
     Appropriation'' in the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2009 
     (division H of Public Law 111-8) and under such heading in 
     prior acts making appropriations for the Department of State, 
     foreign operations, and related programs, $160,000,000 are 
     rescinded.
       (b) Of the unobligated balances from funds appropriated or 
     otherwise made available for the Buying Power Maintenance 
     Account, $15,000,000 are rescinded.
       (c) Of the unobligated balances available for the 
     Development Assistance account, as identified by Treasury 
     Appropriation Fund Symbols 7206/111021, $1,000,000 are 
     rescinded.
       (d) Of the unobligated balances available for the 
     Assistance for the Independent States of the Former Soviet 
     Union account, as identified by Treasury Appropriation Fund 
     Symbols 7206/111093, 7207/121093, and 72X1093, $11,700,000 
     are rescinded.
       (e) Of the unobligated balances available for the 
     International Narcotics Control and Law Enforcement account, 
     as identified by Treasury Appropriation Fund Symbols, 
     11X1022, 1106/121022, and 191105/111022, $7,183,000 are 
     rescinded.
       (f) Of the funds appropriated in prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the heading 
     ``Diplomatic and Consular Programs'', $55,000,000, which 
     shall be from amounts made available for Worldwide Security 
     Protection, are rescinded: Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.
       (g) Of the funds appropriated in prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the heading 
     ``Administration of Foreign Affairs, Embassy Security, 
     Construction, and Maintenance'', $115,000,000 are rescinded: 
     Provided, That no amounts may be rescinded from amounts that 
     were designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Act of 1985, as 
     amended.
       (h) Of the funds appropriated in prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the heading 
     ``Bilateral Economic Assistance, Funds Appropriated to the 
     President, Economic Support Fund'', $100,000,000 are 
     rescinded: Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Act of 
     1985, as amended.
       Sec. 2121. (a) Notwithstanding section 653(b) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2413(b)), the 
     President shall transmit to Congress the report required 
     under section 653(a) of that Act with respect to the 
     provision of funds appropriated or otherwise made available 
     by this division for the Department of State, foreign 
     operations, and related programs: Provided, That such report 
     shall include a comparison of amounts, by category of 
     assistance, provided or intended to be provided from funds 
     appropriated for fiscal years 2010 and 2011, for each foreign 
     country and international organization.
       (b) Not later than 30 days after the date of enactment of 
     this division, each department, agency or organization funded 
     by this title or by division F of Public Law 111-117 shall 
     submit to the Committees on Appropriations an operating plan 
     for such funds that provides details at the program, project, 
     and activity level: Provided, That the report required under 
     subsection (a) shall be considered to have met the 
     requirements of this subsection with respect to funds made 
     available to carry out the Foreign Assistance Act of 1961 and 
     the Arms Export Control Act: Provided further, That the 
     spending reports required in division F of Public Law 111-117 
     for assistance for Afghanistan, Pakistan, Iraq, the Caribbean 
     Basin, Lebanon, Mexico, and Central America, and spending 
     reports required for funds appropriated under the headings 
     ``Diplomatic and Consular Programs'', ``Embassy Security, 
     Construction, and Maintenance'', ``International Narcotics 
     Control and Law Enforcement'', ``Civilian Stabilization 
     Initiative'', and ``Peace Corps'' shall be considered to have 
     met the requirements of this subsection.
       (c) The reports required under subsection (b) shall not be 
     considered as meeting the notification requirements under 
     section 7015 of division F of Public Law 111-117 or under 
     section 634A of the Foreign Assistance Act of 1961.
       Sec. 2122. (a) Notwithstanding any other provision of this 
     division, the dollar amounts under paragraphs (1) through (4) 
     under the heading ``Administration of Foreign Affairs, 
     Diplomatic and Consular Programs'' in division F of Public 
     Law 111-117 shall not apply to funds appropriated by this 
     division: Provided, That the dollar amounts to be derived 
     from fees collected under paragraph (5)(A) under such heading 
     shall be ``$1,702,904'' and ``$505,000'' respectively.
       (b) Division F of Public Law 111-117 shall be applied to 
     funds appropriated by this division under the heading 
     ``Contributions for International Peacekeeping Activities'' 
     by adding the following at the end: ``:  Provided further, 
     That the Secretary of State should work with the United 
     Nations and governments contributing peacekeeping troops to 
     develop effective vetting procedures to ensure that such 
     troops have not violated human rights''.
       (c) Division F of Public Law 111-117 shall be applied to 
     funds appropriated by this division under the heading 
     ``United States Agency for International Development, Funds 
     Appropriated to the President, Operating Expenses'' by 
     substituting ``USAID mission, bureau or office'' for ``USAID 
     overseas mission or office'' in the sixth proviso.
       (d) Division F of Public Law 111-117 shall be applied to 
     funds appropriated by this division under the heading 
     ``Economic Support Fund'' by substituting ``$200,000,000'' 
     for ``$150,000,000'' in the seventh proviso and 
     ``$195,000,000'' for ``209,790,000'' in the sixteenth 
     proviso.
       (e) Notwithstanding any other provision of this division, 
     the following provisions in division F of Public Law 111-117 
     shall not apply to funds appropriated by this division:
       (1) Section 7034(l).
       (2) Section 7042(a), (b)(1), (c), and (d)(1).
       (3) Section 7044(d).
       (4) In section 7045:
       (A) Subsection (b)(2).
       (B) The first sentence of subsection (c).
       (C) The first sentence of subsection (e)(1).
       (D) The first sentence of subsection (f).
       (E) Subsection (h).
       (5) Section 7070(b).
       (6) Section 7071(f)(6).
       (7) The third proviso under the heading ``Administration of 
     Foreign Affairs, Civilian Stabilization Initiative''.
       (8) The fourth proviso under the heading ``Bilateral 
     Economic Assistance, Funds Appropriated to the President, 
     Assistance for Europe, Eurasia and Central Asia''.
       (9) Section 7090.
       (10) The ninth proviso under the heading ``Millennium 
     Challenge Corporation''.
       (f) Section 7081 of division F of Public Law 111-117 shall 
     be applied to funds appropriated by this division by 
     substituting ``Funds appropriated by this division'' for ``Of 
     the funds appropriated by this Act, up to $1,257,200,000'' in 
     subsection (a); by substituting ``$35,000,000'' for 
     ``$25,000,000'' in the first sentence of subsection (d); by 
     substituting ``Provided further, That funds appropriated 
     under title III of this Act for tropical forest programs 
     shall be used for purposes including to implement and enforce 
     section 8204 of Public Law 110-246, shall not be used to 
     support or promote the expansion of industrial scale logging 
     into primary tropical forests, and shall be subject to prior 
     consultation with,

[[Page 3350]]

     and the regular notification of, the Committees on 
     Appropriations:'' for the second proviso in subsection (d); 
     and by substituting ``For fiscal year 2011, up to 
     $250,000,000'' for ``For fiscal year 2010, up to 
     $300,000,000'' in subsection (g)(1).
       (g) Section 7042 of division F of Public Law 111-117 shall 
     be applied to funds appropriated by this division by 
     substituting ``$552,900,000'' for the dollar amount in 
     subsection (f)(1).
       (h) Section 7015(f) of division F of Public Law 111-117 is 
     amended by inserting ``Afghanistan, Burma, Yemen,'' after 
     ``Sri Lanka,''.
       (i) The third proviso of section 7034(s) of division F of 
     Public Law 111-117 shall be applied to funds appropriated by 
     this division by substituting ``shall'' for ``should''.
       (j) Section 7070(i)(2) of division F of Public Law 111-117 
     is amended to read as follows: ``None of the funds 
     appropriated by this Act shall be made available for 
     assistance for the central government of Zimbabwe, except for 
     health, education and macroeconomic growth assistance, unless 
     the Secretary of State makes a determination pursuant to 
     paragraph (1).''.
       (k) Section 2(c) of the Migration and Refugee Assistance 
     Act of 1962 (22 U.S.C. 2601(c)(2)) is amended in paragraph 
     (1) by striking ``President'' and inserting ``Secretary of 
     State'' and in paragraph (2) by striking ``$100,000,000'' and 
     inserting ``$200,000,000''.
       (l) Notwithstanding any other provision of this division, 
     Section 7015(c) of division F of Public Law 111-117 shall not 
     apply to funds appropriated by this division under the 
     headings ``Complex Crises Fund'' and ``Migration and Refugee 
     Assistance''.
       (m) Section 102(b)(1) of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by 
     striking ``September 1'' and inserting ``April 1''.
       (n) Section 410(a)(1)(A) of title IV of the Department of 
     State and Related Agencies Appropriations Act, 1999 
     (contained in division A of Public Law 105-277) is amended by 
     striking ``a fee of $13'' and inserting ``a fee of not to 
     exceed half of the amount of the fee that would otherwise 
     apply for processing a machine readable combined border 
     crossing identification card and non-immigrant visa, and may 
     be increased not more than 50 percent in a fiscal year''.
       (o) Section 7046(a) of division F of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting ``$455,000,000'' for ``$521,880,000''.
       Sec. 2123. (a) The first and second provisos under the 
     heading ``Economic Support Fund'' in division F of Public Law 
     111-117 shall be applied to funds appropriated by this title 
     by substituting the following: ``Provided, That of the funds 
     appropriated under this heading, up to $250,000,000 shall be 
     available for assistance for Egypt: Provided further, That 
     any such assistance made available to the Government of Egypt 
     shall be for purposes that reduce poverty, promote good 
     governance, protect human rights, and support free and fair 
     elections:  Provided further, That of the funds appropriated 
     under this heading for assistance for Egypt, not less than 
     $35,000,000 should be made available directly for assistance 
     for civil society organizations and the development of 
     political parties, and not less than $35,000,000 should be 
     made available for education programs including not less than 
     $10,000,000 for scholarships for Egyptian students with high 
     financial need''.
       (b) The third proviso under the heading ``Economic Support 
     Fund'' in division F of Public Law 111-117 shall be applied 
     to funds appropriated by this division by substituting 
     ``should'' for ``shall'', and the tenth proviso under such 
     heading shall be applied to funds appropriated by this 
     division by substituting the following: ``Provided further, 
     That funds appropriated or otherwise made available by this 
     division for assistance for Afghanistan and Pakistan may not 
     be made available for direct government-to-government 
     assistance unless the Secretary of State certifies to the 
     Committees on Appropriations that the relevant implementing 
     agency has been assessed and considered qualified to manage 
     such funds and the Government of the United States and the 
     government of the recipient country have agreed, in writing, 
     to clear and achievable goals and objectives for the use of 
     such funds, and have established mechanisms within each 
     implementing agency to ensure that such funds are used for 
     the purposes for which they were intended:''.
       (c) The second proviso under the heading ``International 
     Security Assistance, Department of State, Peacekeeping 
     Operations'' in division F of Public Law 111-117 shall be 
     applied by substituting the following: ``Provided further, 
     That up to $55,918,000 may be used to pay assessed expenses 
     of international peacekeeping activities in Somalia, except 
     that up to an additional $35,000,000 may be made available 
     for such purpose subject to prior consultation with, and the 
     regular notification procedures of, the Committees on 
     Appropriations:''.
       (d) Section 7034(m)(5) of division F of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting ``should'' for ``shall'' in the first place it 
     appears, and by adding at the end the following: ``: 
     Provided, That not less than $15,000,000 shall be transferred 
     to, and merged with, funds available under the heading 
     `Related Agency, Broadcasting Board of Governors, 
     International Broadcasting Operations', to remain available 
     until September 30, 2012, to carry out the purposes of this 
     subsection including to hire additional individuals to 
     administer such funds''.
       (e) Section 7034(n) of division F of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     adding the following at the end: ``: Provided, That none of 
     the funds appropriated or otherwise made available by this 
     division or any other Act making appropriations for the 
     Department of State, foreign operations, and related programs 
     may be used to implement phase 3 of such authority''.
       (f) Section 7042 of division F of Public Law 111-117 shall 
     be applied to funds appropriated by this division by 
     substituting the following for the proviso in subsection 
     (d)(2): ``: Provided, That funds may not be made available 
     for obligation until the Secretary of State determines and 
     reports to the Committees on Appropriations that funds 
     provided are in the national security interest of the United 
     States and provides the Committees on Appropriations a 
     detailed spending plan''.
       (g) Section 7043 of division F of Public Law 111-117 shall 
     be applied to funds appropriated by this division by 
     substituting the following for subsection (b):
       ``(b) Limitation.--None of the funds appropriated or 
     otherwise made available by this division under the heading 
     `Export-Import Bank of the United States' may be used by the 
     Export-Import Bank of the United States to provide any new 
     financing (including loans, guarantees, other credits, 
     insurance, and reinsurance) to any person that is subject to 
     sanctions under paragraph (2) or (3) of section 5(a) of the 
     Iran Sanctions Act of 1996 (Public Law 104-172).''.
       (h) Section 7045(b) of division F of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting the following for paragraph (2):
       ``(2) Of the funds appropriated under the heading 
     `Department of the Treasury, Debt Restructuring' in this 
     division, up to $36,000,000 may be made available for the 
     United States share of an increase in the resources of the 
     Fund for Special Operations of the Inter-American Development 
     Bank in furtherance of providing debt relief to Haiti in view 
     of the Cancun Declaration of March 21, 2010.''.
       (i) Section 7059(c) of division F of Public Law 111-117 is 
     amended by striking ``may'' and inserting in lieu thereof 
     ``should''.
       (j) Section 7059(l) of division F of Public Law 111-117 is 
     amended by striking ``30'' and inserting in lieu thereof 
     ``85''.
       (k) Section 7071(b) of division F of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting ``$37,500,000'' for ``$36,500,000'' in paragraph 
     (2).
       (l) Section 7071(j) of division F of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting the following: ``Of the funds appropriated under 
     the heading `Economic Support Fund', not less than 
     $21,000,000 shall be made available for assistance for 
     Vietnam for remediation of dioxin contaminated sites 
     including not less than $3,000,000 for related health and 
     disability activities, and may be made available for 
     assistance for the Government of Vietnam, including the 
     military, for such purposes.''.
       (m) Section 404(b)(2)(B) of Public Law 103-236 is amended 
     by adding the following at the end:
       ``(vii) For assessments made during calendar year 2011, 
     27.2 percent.''.
       (n) The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1990 (Public Law 101-167) is 
     amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2010'' and 
     inserting ``2010, and 2011''; and
       (B) in subsection (e), by striking ``2010'' each place it 
     appears and inserting ``2011''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2010'' and inserting ``2011''.
       Sec. 2124. (a) In General.--Subsections (b) through (d) of 
     this section shall apply to funds appropriated by this 
     division in lieu of section 7076 of division F of Public Law 
     111-117.
       (b) Limitation.--None of the funds appropriated or 
     otherwise made available by this division under the headings 
     ``Economic Support Fund'' and ``International Narcotics 
     Control and Law Enforcement'' may be obligated for assistance 
     for the Government of Afghanistan until the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development (USAID), 
     certifies and reports to the Committees on Appropriations the 
     following:
       (1) The Government of Afghanistan is--
       (A) demonstrating a commitment to reduce corruption and 
     improve governance, including by investigating, prosecuting, 
     and sanctioning or removing corrupt officials from office and 
     to implement financial transparency and accountability 
     measures for government institutions and officials (including 
     the Central Bank);
       (B) taking significant steps to facilitate active public 
     participation in governance and oversight; and

[[Page 3351]]

       (C) taking credible steps to protect the internationally 
     recognized human rights of Afghan women.
       (2) There is a unified United States Government anti-
     corruption strategy for Afghanistan.
       (3) Funds will be programmed to support and strengthen the 
     capacity of Afghan public and private institutions and 
     entities to reduce corruption and to improve transparency and 
     accountability of national, provincial, and local 
     governments, as outlined in the spending plan submitted to 
     the Committees on Appropriations on October 26, 2010 (CN 10-
     298).
       (4) Representatives of Afghan national, provincial, or 
     local governments, local communities and civil society 
     organizations, as appropriate, will be consulted and 
     participate in the design of programs, projects, and 
     activities, including participation in implementation and 
     oversight, and the development of specific benchmarks to 
     measure progress and outcomes.
       (5) Funds will be used to train and deploy additional 
     United States Government direct-hire personnel to improve 
     monitoring and control of assistance.
       (6) A framework and methodology is being utilized to assess 
     national, provincial, local, and sector level fiduciary risks 
     relating to public financial management of United States 
     Government assistance.
       (c) Assistance and Operations.--
       (1) Funds appropriated under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'' by this division that are available for 
     assistance for Afghanistan--
       (A) shall be made available, to the maximum extent 
     practicable, in a manner that emphasizes the participation of 
     Afghan women, and directly improves the security, economic 
     and social well-being, and political status, and protects the 
     rights of, Afghan women and girls and complies with sections 
     7062 and 7063 of division F of Public Law 111-117, including 
     support for the Afghan Independent Human Rights Commission, 
     the Afghan Ministry of Women's Affairs, and women-led 
     nongovernmental organizations;
       (B) may be made available for a United States contribution 
     to an internationally managed fund to support the 
     reconciliation with and disarmament, demobilization and 
     reintegration into Afghan society of former combatants who 
     have renounced violence against the Government of 
     Afghanistan: Provided, That funds may be made available to 
     support reconciliation and reintegration activities only if--
       (i) Afghan women are participating at national, provincial 
     and local levels of government in the design, policy 
     formulation and implementation of the reconciliation or 
     reintegration process, and such process upholds steps taken 
     by the Government of Afghanistan to protect the 
     internationally recognized human rights of Afghan women; and
       (ii) such funds will not be used to support any pardon or 
     immunity from prosecution, or any position in the Government 
     of Afghanistan or security forces, for any leader of an armed 
     group responsible for crimes against humanity, war crimes, or 
     other violations of internationally recognized human rights;
       (C) may be made available as a United States contribution 
     to the Afghanistan Reconstruction Trust Fund (ARTF) unless 
     the Secretary of State determines and reports to the 
     Committees on Appropriations that the World Bank Monitoring 
     Agent of the ARTF is unable to conduct its financial control 
     and audit responsibilities due to restrictions on security 
     personnel by the Government of Afghanistan; and
       (D) may be made available for a United States contribution 
     to the North Atlantic Treaty Organization/International 
     Security Assistance Force Post-Operations Humanitarian Relief 
     Fund.
       (2) Funds appropriated under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'' by this division that are available for 
     assistance for Afghanistan that provide training for foreign 
     police, judicial, and military personnel shall address, where 
     appropriate, gender-based violence.
       (3) The authority contained in section 1102(c) of Public 
     Law 111-32 shall continue in effect during fiscal year 2011 
     and shall apply as if part of this division.
       (4) The Coordinator for Rule of Law at the United States 
     Embassy in Kabul, Afghanistan shall be consulted on the use 
     of all funds appropriated by this division for rule of law 
     programs in Afghanistan.
       (5) None of the funds made available by this division may 
     be used by the United States Government to enter into a 
     permanent basing rights agreement between the United States 
     and Afghanistan.
       (6) The Secretary of State, after consultation with the 
     USAID Administrator, shall submit to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     division, and prior to the initial obligation of funds for 
     assistance for Afghanistan, a detailed spending plan for such 
     assistance which shall include clear and achievable goals, 
     benchmarks for measuring progress, and expected results: 
     Provided, That such plan shall not be considered as meeting 
     the notification requirements under section 7015 of division 
     F of Public Law 111-117 or under section 634A of the Foreign 
     Assistance Act of 1961.
       (d) Oversight.--
       (1) The Special Inspector General for Afghanistan 
     Reconstruction, the Inspector General of the Department of 
     State and the Inspector General of USAID, shall jointly 
     develop and submit to the Committees on Appropriations within 
     45 days of enactment of this division a coordinated audit and 
     inspection plan of United States assistance for, and civilian 
     operations in, Afghanistan.
       (2) Of the funds appropriated by this division under the 
     heading ``Economic Support Fund'' for assistance for 
     Afghanistan, $3,000,000 shall be transferred to, and merged 
     with, funds made available under the heading ``Administration 
     of Foreign Affairs, Office of Inspector General'' by this 
     division, for increased oversight of programs in Afghanistan 
     and shall be in addition to funds otherwise available for 
     such purposes: Provided, That $1,500,000 shall be for the 
     activities of the Special Inspector General for Afghanistan 
     Reconstruction.
       (3) Of the funds appropriated by this division under the 
     heading ``Economic Support Fund'' for assistance for 
     Afghanistan, $1,500,000 shall be transferred to, and merged 
     with, funds appropriated under the heading ``United States 
     Agency for International Development, Funds Appropriated to 
     the President, Office of Inspector General'' by this division 
     for increased oversight of programs in Afghanistan and shall 
     be in addition to funds otherwise available for such 
     purposes.
       (e) Modification to Prior Provisions.--
       (1) Section 1004(c)(1)(C) of Public Law 111-212 is amended 
     to read as follows:
       ``(C) taking credible steps to protect the internationally 
     recognized human rights of Afghan women.''.
       (2) Section 1004(d)(1) of Public Law 111-212 is amended to 
     read as follows:
       ``(1) Afghan women are participating at national, 
     provincial, and local levels of government in the design, 
     policy formulation, and implementation of the reconciliation 
     or reintegration process, and such process upholds steps 
     taken by the Government of Afghanistan to protect the 
     internationally recognized human rights of Afghan women; 
     and''.
       (3) Section 1004(e)(1) of Public Law 111-212 is amended to 
     read as follows:
       ``(1) based on information available to the Secretary, the 
     Independent Electoral Commission has no members or other 
     employees who participated in, or helped to cover up, acts of 
     fraud in the 2009 presidential election in Afghanistan, and 
     the Electoral Complaints Commission is a genuinely 
     independent body with all the authorities that were invested 
     in it under Afghan law as of December 31, 2009; and''.
       Sec. 2125.  Prior to the disbursement of funds appropriated 
     by this division under the heading ``Foreign Military 
     Financing Program'' that are available for assistance for 
     Egypt, the Secretary of State should report to the Committees 
     on Appropriations that--
       (1) a transparent, political transition is occurring that 
     includes the participation of a wide range of democratic 
     opposition and civil society leaders and is responsive to 
     their views;
       (2) the emergency law and other laws restricting human 
     rights have been abrogated; protesters, political and social 
     activists and journalists are not being arrested, detained or 
     prosecuted for the peaceful exercise of their rights; and the 
     government is respecting freedoms of expression, assembly and 
     association; and
       (3) legal and constitutional impediments to free and fair 
     presidential and parliamentary elections are being removed.
       Sec. 2126.  Of the funds appropriated by this division 
     under the heading ``Economic Support Fund'' that are 
     available for assistance for Tunisia, not less than 
     $5,000,000 should be made available directly for assistance 
     for civil society organizations and the development of 
     political parties.
       Sec. 2127.  The second paragraph under the heading 
     ``Foreign Military Financing Program'' in division F of 
     Public Law 111-117 is amended by adding the following at the 
     end: ``:  Provided further, That none of the funds 
     appropriated under this heading may be made available for 
     assistance for Libya''.
       Sec. 2128.  The second proviso in the second paragraph 
     under the heading ``Foreign Military Financing Program'' in 
     division F of Public Law 111-117 is amended by inserting 
     ``Bahrain,'' after ``Nepal,''.
       Sec. 2129. (a) Contribution to the Asian Development 
     Bank.--In addition to amounts otherwise made available by 
     this division, $106,586,000, to remain available until 
     expended, is appropriated for payment to the Asian 
     Development Bank by the Secretary of the Treasury for the 
     United States share of the paid-in portion of the increase in 
     capital stock.
       (b) Limitation on Callable Capital Subscriptions.--The 
     United States Governor of the Asian Development Bank may 
     subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $2,558,048,769.
       (c) Amendment.--The Asian Development Bank Act (22 U.S.C. 
     285 et seq.), is amended by adding at the end the following:

     ``SEC. 33. NINTH REPLENISHMENT.

       ``(a) The United States Governor of the Bank is authorized 
     to contribute, on behalf

[[Page 3352]]

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

     ``SEC. 34. FIFTH CAPITAL INCREASE.

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

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

       Sec. 2201.  Notwithstanding section 1101, the level for 
     ``Transportation Planning, Research, and Development'' shall 
     be $13,168,000.
       Sec. 2202.  Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Aviation 
     Administration, Operations'' shall be $9,542,983,000, of 
     which $4,559,000,000 shall be derived from the Airport and 
     Airway Trust Fund, of which no less than $7,473,299,000 shall 
     be for air traffic organization activities; no less than 
     $1,253,020,000 shall be for aviation regulation and 
     certification activities; not to exceed $15,237,000 shall be 
     available for commercial space transportation activities; not 
     to exceed $113,681,000 shall be available for financial 
     services activities; not to exceed $100,428,000 shall be 
     available for human resources program activities; not to 
     exceed $341,977,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $196,063,000 shall be available for staff offices; and 
     not to exceed $49,278,000 shall be available for information 
     services.
       Sec. 2203.  Notwithstanding section 1101, the amounts 
     included under the heading ``Department of Transportation, 
     Federal Aviation Administration, Grants-in-Aid for Airports 
     (Liquidation of Contract Authorization)'' in division A of 
     Public Law 111-117 shall be applied to funds appropriated by 
     this Act by substituting ``$3,550,000,000'' for 
     ``$3,000,000,000''.
       Sec. 2204.  Notwithstanding section 1101, the level 
     included under the heading ``Department of Transportation, 
     Federal Aviation Administration, Grants-In-Aid for Airports 
     (Limitations on Obligations)'' for administration shall be 
     $96,322,000.
       Sec. 2205.  Notwithstanding section 1101, the level of 
     funding for activities described in section 122 of title I of 
     division A of Public Law 111-117 shall be $0.
       Sec. 2206.  Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Highway 
     Administration, Surface Transportation Priorities'' shall be 
     $0.
       Sec. 2207.  Unobligated balances of funds made available 
     for obligation under 23 U.S.C. 320, section 147 of Public Law 
     95-599, section 9(c) of Public Law 97-134, section 149 of 
     Public Law 100-17, and sections 1006, 1069, 1103, 1104, 1105, 
     1106, 1107, 1108, 6005, 6015, and 6023 of Public Law 102-240 
     are permanently rescinded. In addition, the unobligated 
     balance available on September 30, 2011, under section 1602 
     of the Transportation Equity Act for the 21st Century (Public 
     Law 105-178) for each project for which less than 10 percent 
     of the amount authorized for such project under such section 
     has been obligated is permanently rescinded. In addition, of 
     the amounts authorized for fiscal years 2005 through 2009 in 
     section 1101(a)(16) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59) to carry out the high priority projects 
     program under section 117 of title 23, United States Code, 
     that are not allocated for projects described in section 1702 
     of such Act, $8,190,335 are permanently rescinded.
       Sec. 2208.  Notwithstanding section 1101, the level for the 
     ``Department of Transportation, Federal Motor Carrier Safety 
     Administration, Motor Carrier Safety Operations and Programs, 
     (Liquidation of Contract Authorization), (Limitation of 
     Contract Obligations), (Highway Trust Fund)'' shall be 
     $250,117,000.
       Sec. 2209.  Of the amount made available for ``Department 
     of Transportation, Motor Carrier Safety Grants, (Liquidation 
     of Contract Authorization), (Limitation on Obligations), 
     (Highway Trust Fund)'' for the commercial driver's license 
     information system modernization program, $3,000,000 shall be 
     made available for audits of new entrant motor carriers to 
     carry out section 4107(b) of Public Law 109-59, and 31104(a) 
     of title 49, United States Code, and $5,000,000 shall be made 
     available for the commercial driver's license improvements 
     program to carry out section 31313 of title 49, United States 
     Code.
       Sec. 2210.  Of the amounts made available for Safety Belt 
     Performance Grants under section 406 of title 23, United 
     States Code, $76,000,000 in unobligated balances are 
     permanently rescinded.
       Sec. 2211.  Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Railroad 
     Administration, Safety and Operations'' shall be 
     $176,950,000.
       Sec. 2212.  Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Railroad 
     Administration, Rail Line Relocation and Improvement 
     Program'' shall be $10,532,000.
       Sec. 2213.  Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Railroad 
     Administration, Capital Assistance for High Speed Rail 
     Corridors and Intercity Passenger Rail Service'' shall be 
     $1,000,000,000.
        (a) Notwithstanding section 1101, the level for ``Federal 
     Transit Administration, Capital Investment Grants'' shall be 
     $1,850,000,000.
       Sec. 2214.  Notwithstanding section 1101, the level for 
     ``Department of Transportation, Maritime Administration, 
     Operations and Training'' shall be $151,750,000, of which 
     $11,240,000 shall remain available until expended for 
     maintenance and repair of training ships at State Maritime 
     Academies, and of which $15,000,000 shall remain available 
     until expended for capital improvements at the United States 
     Merchant Marine Academy, and of which $59,057,000 shall be 
     available for operations at the United States Merchant Marine 
     Academy, and of which $2,000,000 shall remain available 
     through September 30, 2012 for midshipman services at the 
     United States Merchant Marine Academy: Provided, That of the 
     funds provided for Operations and Training to the Maritime 
     Administration in Public Law 111-117, up to $6,000,000 shall 
     remain available until expended and may be used for the 
     Secretary's reimbursement of overcharged midshipmen fees for 
     academic years 2003-2004 through 2008-2009 and the 
     Secretary's reimbursement decisions shall be final and 
     conclusive:  Provided further, That $1,000,000 of such funds 
     shall be available until expended and shall be used for the 
     information technology requirements of Public Law 111-207.
       Sec. 2215.  Notwithstanding section 1101, the level for 
     each of the following accounts under the heading ``Department 
     of Transportation, Pipeline and Hazardous Materials Safety 
     Administration'' shall be as follows: ``Operational Expenses 
     (Pipeline Safety Fund)'', $21,496,000; ``Hazardous Materials 
     Safety'', $39,098,000, of which $1,699,000 shall remain 
     available until September 30, 2013; and ``Pipeline Safety 
     (Pipeline Safety Fund) (Oil Spill Liability Trust Fund)'', 
     $106,919,000, of which $18,905,000 shall be derived from the 
     Oil Spill Liability Trust Fund and shall remain available 
     until September 30, 2013, and of which $88,014,000 shall be 
     derived from the Pipeline Safety Fund, of which $47,332,000 
     shall remain available until September 30, 2013.
       Sec. 2216.  Notwithstanding section 1101, section 186 of 
     title I of division A of Public Law 111-117 shall not apply 
     to fiscal year 2011.
       Sec. 2217.  Notwithstanding section 1101, no funds are 
     provided for activities described in section 195 of title I 
     of division A of Public Law 111-117.
       Sec. 2218.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Personnel 
     Compensation and Benefits, Housing'' shall be $388,667,000.
       Sec. 2219.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Public and 
     Indian Housing, Tenant-Based Rental Assistance'' shall be 
     $14,547,688,000, to remain available until expended, shall be 
     available on October 1, 2010 (in addition to the 
     $4,000,000,000 previously appropriated under such heading 
     that will become available on October 1, 2010), and 
     notwithstanding section 1109, an additional $4,000,000,000, 
     to remain available until expended, shall be available on 
     October 1, 2011: Provided, That of the amounts available for 
     such heading, $16,702,688,000 shall be for activities 
     specified in paragraph (1).
       Sec. 2220.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Public Housing 
     Operating Fund'' shall be $4,626,000,000.
       Sec. 2221.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Community 
     Planning and Development, Community Development Fund'' shall 
     be $4,230,000,000, of which $3,990,000,000 shall be for 
     carrying out the community development block grant program 
     under title I of the Housing and Community Development Act of 
     1974, as amended: Provided, That none of the funds made 
     available by this section for such account may be used for 
     grants for the Economic Development Initiative or 
     Neighborhood Initiatives activities or for grants pursuant to 
     section 107 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5307).

[[Page 3353]]

       Sec. 2222.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Community 
     Planning and Development, Homeless Assistance Grants'' shall 
     be $2,055,000,000, of which at least $285,000,000 shall be 
     for the Emergency Solutions Grant program.
       Sec. 2223.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Community 
     Planning and Development, Brownfields Redevelopment'' shall 
     be $0.
       Sec. 2224.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Housing 
     Programs, Project-Based Rental Assistance'' shall be 
     $8,882,328,000, to remain available until expended, shall be 
     available on October 1, 2010 (in addition to the $393,672,000 
     previously appropriated under such heading that became 
     available on October 1, 2010), and, notwithstanding section 
     1109, an additional $400,000,000, to remain available until 
     expended, shall be available on October 1, 2011: Provided, 
     That of the amounts available for such heading, 
     $8,950,000,000 shall be for activities specified in paragraph 
     (1) under such heading of division A of Public Law 111-117 
     and $326,000,000 shall be available for activities specified 
     in paragraph (2) under such heading in such public law.
       Sec. 2225.  The first proviso under the heading ``Housing 
     for the Elderly'' and under the heading ``Housing for Persons 
     with Disabilities'' in Division A of the Consolidated 
     Appropriations Act, 2010 (Public Law 111-117, 123 STAT. 
     3088), is amended to read as follows: ``: Provided, That 
     amounts appropriated for initial project rental assistance 
     contracts in FY 2003 through FY 2011 shall remain available 
     for the purpose of paying obligations incurred prior to the 
     expiration of such funds for a 10 year period following such 
     expiration.''
       Sec. 2226.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Housing 
     Programs, Energy Innovation Fund'' shall be $0.
       Sec. 2227.  The heading ``Department of Housing and Urban 
     Development, Housing Program, Other Assisted Housing 
     Programs, Rental Housing Assistance'' shall be applied by 
     also being available for extensions of up to one year for 
     expiring contracts under such sections of law.
       Sec. 2228.  Notwithstanding section 1101, the level under 
     the heading ``Department of Housing and Urban Development, 
     Housing Programs, Rent Supplement (Rescission)'' shall be 
     $31,255,000.
       Sec. 2229.  Notwithstanding section 1101, the level for 
     ``Department of Housing and Urban Development, Federal 
     Housing Administration, Mutual Mortgage Insurance Program 
     Account'' for administrative contract expenses shall be 
     $207,000,000.
       Sec. 2230.  The first proviso in the first paragraph under 
     the heading ``Department of Housing and Urban Development, 
     Federal Housing Administration, General and Special Risk 
     Program Account'' in division A of Public Law 111-117 shall 
     be applied in fiscal year 2011 by substituting 
     ``$20,000,000,000'' for ``$15,000,000,000''.
       Sec. 2231.  Notwithstanding section 1101, the level under 
     the heading ``Related Agencies, United States Interagency 
     Council on Homelessness, Operating Expenses'' shall be 
     $2,680,000.
       Sec. 2232.  Section 209 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11319) is repealed.
       Sec. 2233.  Of the amounts made available under 
     ``Department of Transportation, National Highway Traffic 
     Safety Administration, Consumer Assistance to Recycle and 
     Save Program'', $16,000,000 in unobligated balances are 
     permanently rescinded.
        This division may be cited as the ``Full-Year Continuing 
     Appropriations Act, 2011''.
       This Act may be cited as the ``Department of Defense and 
     Full-Year Continuing Appropriations Act, 2011''.
                                 ______
                                 
  SA 150. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 23, to amend title 35, United States 
Code, to provide for patent reform; which was ordered to lie on the 
table; as follows

       After section 17, insert the following:

     SEC. 18. PROHIBITION OF AUTHORIZED GENERICS.

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

     ``Sec. 106. Prohibition of authorized generic drugs

       ``(a) In General.--Notwithstanding any provision of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), 
     the owner of any patent issued under this title that is the 
     subject of a new drug application approved under section 
     505(c) of such Act (21 U.S.C. 355(c)), or the holder of a new 
     drug application approved under such section 505(c), shall 
     not manufacture, market, sell, or distribute an authorized 
     generic drug, directly or indirectly, or authorize any other 
     person to manufacture, market, sell, or distribute an 
     authorized generic drug.
       ``(b) Authorized Generic Drug; Listed Drug.--For purposes 
     of this section--
       ``(1) the term `authorized generic drug'--
       ``(A) means any version of a listed drug that the owner of 
     any patent issued under this title for that listed drug that 
     is the subject of a new drug application approved under 
     subsection (c) of section 505 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355), or the holder of the new drug 
     application approved under such subsection (c) for that 
     listed drug, seeks to commence marketing, selling, or 
     distributing, directly or indirectly, after receipt of a 
     notice sent pursuant to subsection (j)(2)(B) of such section 
     with respect to that listed drug; and
       ``(B) does not include any drug to be marketed, sold, or 
     distributed--
       ``(i) by an entity eligible for 180-day exclusivity with 
     respect to such drug under subsection (j)(5)(B)(iv) of such 
     section; or
       ``(ii) after expiration or forfeiture of any 180-day 
     exclusivity with respect to such drug under such subsection 
     (j)(5)(B)(iv); and
       ``(2) the term `listed drug' has the meaning applied to 
     such term in section 505(j) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(j)).''.
                                 ______
                                 
  SA 151. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 23, to amend title 35, United States 
Code, to provide for patent reform; which was ordered to lie on the 
table; as follows:

       After section 17, insert the following:

     SEC. 18. PROHIBITION OF AUTHORIZED GENERICS.

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

     ``Sec. 106. Prohibition of authorized generic drugs

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

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