[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 111-212
111th Congress
An Act
Making supplemental appropriations for the fiscal year ending September
30, 2010, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <> That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2010, and for other purposes, namely:
TITLE I
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For an additional amount for gross obligations for the principal
amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.)
and operating (7 U.S.C. 1941 et seq.) loans, to be available from funds
in the Agricultural Credit Insurance Fund, as follows: guaranteed farm
ownership loans, $300,000,000; operating loans, $650,000,000, of which
$250,000,000 shall be for unsubsidized guaranteed loans, $50,000,000
shall be for subsidized guaranteed loans, and $350,000,000 shall be for
direct loans.
For an additional amount for the cost of direct and guaranteed
loans, including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: guaranteed farm
ownership loans, $1,110,000; operating loans, $29,470,000, of which
$5,850,000 shall be for unsubsidized guaranteed loans, $7,030,000 shall
be for subsidized guaranteed loans, and $16,590,000 shall be for direct
loans.
For an additional amount for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $1,000,000.
Emergency Forest Restoration Program
For implementation of the emergency forest restoration program
established under section 407 of the Agricultural Credit Act of 1978 (16
U.S.C. 2206) for expenses resulting from natural disasters that occurred
on or after January 1, 2010, and for other purposes, $18,000,000, to
remain available until expended: Provided, That the program: (1) shall
be carried out without regard
[[Page 2303]]
to chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act'') and the Statement of Policy of the
Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public participation in
rulemaking; and (2) with rules issued without a prior opportunity for
notice and comment except, as determined to be appropriate by the Farm
Service Agency, rules may be promulgated by an interim rule effective on
publication with an opportunity for notice and comment: Provided
further, That in carrying out this program, the Secretary shall use the
authority provided under section 808(2) of title 5, United States Code:
Provided further, That to reduce Federal costs in administering this
heading, the emergency forest restoration program shall be considered to
have met the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for activities similar in nature and
quantity to those of the emergency conservation program established
under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et
seq.).
Foreign Agricultural Service
food for peace title ii grants
For an additional amount for ``Food for Peace Title II Grants'' for
emergency relief and rehabilitation, and other expenses related to Haiti
following the earthquake of January 12, 2010, and for other disaster-
response activities relating to the earthquake, $150,000,000, to remain
available until expended.
GENERAL PROVISIONS--THIS CHAPTER
Section 101. None of the funds appropriated or made available by this
or any other Act shall be used to pay the salaries and expenses of
personnel to carry out a biomass crop assistance program as authorized
by section 9011 of Public Law 107-171 in excess of $552,000,000 in
fiscal year 2010 or $432,000,000 in fiscal year 2011: Provided, That
section 3002 shall not apply to the amount under this section.
Sec. 102. (a) <> Section 502(h)(8) of the Housing Act
of 1949 (42 U.S.C. 1472(h)(8)) is amended to read as follows:
``(8) Fees.--Notwithstanding paragraph (14)(D), with respect
to a guaranteed loan issued or modified under this subsection,
the Secretary may collect from the lender--
``(A) at the time of issuance of the guarantee or
modification, a fee not to exceed 3.5 percent of the
principal obligation of the loan; and
``(B) an annual fee not to exceed 0.5 percent of the
outstanding principal balance of the loan for the life
of the loan.''.
(b) <> Section 739 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriation Act, 2001 (H.R. 5426 as enacted by Public Law 106-387, 115
Stat. 1549A-34) is <>
repealed.
(c) For gross obligations for the principal amount of guaranteed
loans as authorized by title V of the Housing Act of 1949, to be
available from funds in the rural housing insurance fund, an additional
amount shall be for section 502 unsubsidized guaranteed loans sufficient
to meet the remaining fiscal year 2010 demand,
[[Page 2304]]
provided that existing program underwriting standards are maintained,
and provided further that the Secretary may waive fees described herein
for very low- and low-income borrowers, not to exceed $697,000,000 in
loan guarantees.
CHAPTER 2
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
(rescission)
Of the funds made available under the heading ``National
Telecommunications and Information Administration'' for Digital-to-
Analog Converter Box Program in prior years, $111,500,000 are rescinded.
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic Development
Act (42 U.S.C. 3233), for an additional amount for ``Economic
Development Assistance Programs'', for necessary expenses related to
disaster relief, long-term recovery, and restoration of infrastructure
in States that experienced damage due to severe storms and flooding
during March 2010 through May 2010 for which the President declared a
major disaster covering an entire State or States with more than 20
counties declared major disasters under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974,
$49,000,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $5,000,000, for necessary expenses related to commercial
fishery failures as determined by the Secretary of Commerce in January
2010.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Exploration
The matter contained in title III of division B of Public Law 111-
117 regarding ``National Aeronautics and Space Administration
Exploration'' is <> amended by inserting at the
end of the last proviso ``: Provided further, That <>
notwithstanding any other provision of law or regulation, funds made
available for Constellation in fiscal year 2010 for `National
Aeronautics and Space Administration Exploration' and from previous
appropriations for `National Aeronautics and Space Administration
Exploration' shall be available to fund continued performance of
Constellation contracts, and performance of such Constellation contracts
may not be terminated
[[Page 2305]]
for convenience by the National Aeronautics and Space Administration in
fiscal year 2010''.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,429,809,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$40,478,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$145,499,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$94,068,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$5,722,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$2,637,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$34,758,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$1,292,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$33,184,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$11,719,927,000, of which $218,300,000 shall be available
[[Page 2306]]
to restore amounts transferred from this account to ``Overseas
Humanitarian, Disaster, and Civic Aid'' for emergency relief activities
related to Haiti following the earthquake of January 12, 2010, and for
other disaster-response activities relating to the earthquake.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$2,735,194,000, of which $187,600,000 shall be available to restore
amounts transferred from this account to ``Overseas Humanitarian,
Disaster, and Civic Aid'' for emergency relief activities related to
Haiti following the earthquake of January 12, 2010, and for other
disaster-response activities relating to the earthquake.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $829,326,000, of which $30,700,000 shall be available to
restore amounts transferred from this account to ``Overseas
Humanitarian, Disaster, and Civic Aid'' for emergency relief activities
related to Haiti following the earthquake of January 12, 2010, and for
other disaster-response activities relating to the earthquake.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $3,835,095,000, of which $218,400,000 shall be available to
restore amounts transferred from this account to ``Overseas
Humanitarian, Disaster, and Civic Aid'' for emergency relief activities
related to Haiti following the earthquake of January 12, 2010, and for
other disaster-response activities relating to the earthquake.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,236,727,000: Provided, That up to $50,000,000, to remain
available until expended, shall be available for transfer to the Port of
Guam Improvement Enterprise Fund established by section 3512 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417): Provided further, That funds transferred under the
previous proviso shall be merged with and available for obligation for
the same time period and for the same purposes as the appropriation to
which transferred: Provided further, That <> these funds may be transferred by the Secretary of
Defense only if he determines such amounts are required to improve
facilities, relieve port congestion, and provide greater access to port
facilities: Provided further, That <> any amounts
transferred pursuant to the previous three provisos shall be available
to the Secretary of Transportation, acting through the Administrator of
the Maritime Administration, to carry out under the Port of Guam
Improvement Enterprise Program planning, design, and construction of
projects for the Port of Guam to improve facilities, relieve port
congestion, and provide greater access to port facilities: Provided
further, That the transfer authority in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That <> the Secretary
shall, not
[[Page 2307]]
fewer than five days prior to making transfers under this authority,
notify the congressional defense committees in writing of the details of
any such transfer.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $41,006,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $75,878,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $857,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $124,039,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $180,960,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $203,287,000.
Afghanistan Security Forces Fund
For an additional amount for ``Afghanistan Security Forces Fund'',
$2,604,000,000, to remain available until September 30, 2011: 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 contributions of funds for the
purposes provided herein 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
shall notify the congressional defense committees in writing upon the
receipt and upon the transfer 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 making
transfers from this appropriation account, notify the
[[Page 2308]]
congressional defense committees in writing of the details of any such
transfer.
Iraq Security Forces Fund
For the ``Iraq Security Forces Fund'', $1,000,000,000, to remain
available until September 30, 2011: 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, to remain available until
expended, and used for such purposes: <> Provided
further, That the Secretary shall notify the congressional defense
committees in writing upon the receipt and upon the transfer 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 making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$219,470,000, to remain available until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $3,000,000, to remain available until September
30, 2012.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$17,055,000, to remain available until September 30, 2012.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$2,065,006,000, to remain available until September 30, 2012.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$296,000,000, to remain available until September 30, 2012.
[[Page 2309]]
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$31,576,000, to remain available until September 30, 2012.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$162,927,000, to remain available until September 30, 2012.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$174,766,000, to remain available until September 30, 2012.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$672,741,000, to remain available until September 30, 2012.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$189,276,000, to remain available until September 30, 2012.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For an additional amount for the ``Mine Resistant Ambush Protected
Vehicle Fund'', $1,123,000,000, to remain available until September 30,
2011: 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 for operations and maintenance; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That the funds
transferred shall be merged with and available for the same purposes and
the same time period as the appropriation to which they are transferred:
Provided further, That this transfer authority is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That <> the Secretary
shall, not fewer than 10 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $44,835,000, to remain available until September 30,
2011.
[[Page 2310]]
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $163,775,000, to remain available until
September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $65,138,000, to remain available until
September 30, 2011.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$1,134,887,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'', $33,367,000
for operation and maintenance: Provided, That language under this
heading in title VI, division A of Public Law 111-118 is
amended <> by striking ``$15,093,539,000'' and
inserting in lieu thereof ``$15,121,714,000''.
Drug Interdiction and Counter-Drug Activities
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $94,000,000, to remain available until September
30, 2011.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 301. 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(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)):
Provided, That section 8079 of the Department of Defense Appropriations
Act, 2010 (Public Law 111-118; 123 Stat. 3446) is amended by striking
``fiscal year 2010 until'' and all that follows and insert ``fiscal year
2010.''.
(including transfer of funds)
Sec. 302. Section 8005 of the Department of Defense Appropriations
Act, 2010 (division A of Public Law 111-118) is <> amended by striking ``$4,000,000,000'' and inserting
``$4,500,000,000''.
Sec. 303. Funds made available in this chapter 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
[[Page 2311]]
in contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.
Sec. 304. Of <> the funds obligated or expended by
any Federal agency in support of emergency humanitarian assistance
services at the request of or in coordination with the Department of
Defense, the Department of State, or the U.S. Agency for International
Development, on or after January 12, 2010 and before February 12, 2010,
in support of the Haitian earthquake relief efforts not to exceed
$500,000 are deemed to be specifically authorized by the Congress.
Sec. 305. Section <> 8011 of the title VIII,
division A of Public Law 111-118 is <>
amended by striking ``within 30 days of enactment of this Act'' and
inserting in lieu thereof ``30 days prior to contract award''.
(rescissions)
Sec. 306. (a) Of the funds appropriated in Department of Defense
Appropriation Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Other Procurement, Air Force, 2009/2011'', $5,000,000; and
``Research, Development, Test and Evaluation, Army, 2009/
2010'', $72,161,000.
(b) Section 3002 shall not apply to the amounts in this section.
Sec. 307. None <> of the funds provided in
this chapter may be used to finance programs or activities denied by
Congress in fiscal years 2009 or 2010 appropriations to the Department
of Defense or to initiate a procurement or research, development, test
and evaluation new start program without prior written notification to
the congressional defense committees.
high-value detainee interrogation group charter and report
Sec. 308. (a) Submission of Charter and Procedures.--Not later than
30 days after the final approval of the charter and procedures for the
interagency body established to carry out an interrogation pursuant to a
recommendation of the report of the Special Task Force on interrogation
and Transfer Policies submitted under section 5(g) of Executive Order
13491 (commonly known as the High-Value Detainee Interrogation Group),
or not later than 30 days after the date of the enactment of this Act,
whichever is later, the Director of National Intelligence shall submit
to the congressional intelligence committees such charter and
procedures.
(b) Updates.--Not later than 30 days after the final approval of any
significant modification or revision to the charter or procedures
referred to in subsection (a), the Director of National Intelligence
shall submit to the congressional intelligence committees any such
modification or revision.
(c) Lessons Learned.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report setting
forth an analysis and assessment of the lessons learned as a result of
the operations and activities of the High-Value Detainee Interrogation
Group since the establishment of that group.
[[Page 2312]]
(d) Submittal of Charter and Reports to Additional Committees of
Congress.--At the same time the Director of National Intelligence
submits the charter and procedures referred to in subsection (a), any
modification or revision to the charter or procedures under subsection
(b), and any report under subsection (c) to the congressional
intelligence committees, the Director shall also submit such matter to--
(1) the Committees on Armed Services, Homeland Security and
Governmental Affairs, the Judiciary, and Appropriations of the
Senate; and
(2) the Committees on Armed Services, Homeland Security, the
Judiciary, and Appropriations of the House of Representatives.
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'', <>
$5,400,000: Provided, That funds provided under this heading in this
chapter shall be used for studies in States affected by severe storms
and flooding: Provided further, That <> the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of this
Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
to dredge eligible projects in response to, and repair damages to
Federal projects caused by, natural disasters, $18,600,000, to remain
available until expended: <> Provided, That
the Assistant Secretary of the Army for Civil Works shall provide a
monthly report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of this
Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to dredge
navigation projects in response to, and repair damages to Corps projects
caused by, natural disasters, $173,000,000, to remain available until
expended: Provided, That the Secretary of the Army is directed to use
$44,000,000 of the amount provided under this heading for nondisaster
related emergency repairs to critical
infrastructure: <> Provided further, That
the Assistant Secretary of the Army for Civil Works shall provide a
monthly report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of
[[Page 2313]]
these funds, beginning not later than 60 days after enactment of this
Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to natural disasters
as authorized by law, $20,000,000, to remain available until expended:
Provided, That <> the Assistant Secretary of
the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds, beginning
not later than 60 days after enactment of this Act.
GENERAL PROVISIONS--THIS CHAPTER
emergency drought relief
Sec. 401. For an additional amount for ``Water and Related
Resources'', $10,000,000, for drought emergency assistance: Provided,
That financial assistance may be provided under the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) and any
other applicable Federal law (including regulations) for the
optimization and conservation of project water supplies to assist
drought-plagued areas of the West.
Sec. 402. Funds made available in the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (Public Law 111-85), under
the account ``Weapons Activities'' shall be available for the purchase
of not to exceed one aircraft.
reclassification of certain appropriations for the national nuclear
security administration
Sec. 403. (a) Fiscal Year 2009 Appropriations.--The matter under the
heading ``Weapons Activities'' under the heading ``National Nuclear
Security Administration'' under the heading ``Atomic Energy Defense
Activities'' under the heading ``Department of Energy'' under title III
of division C of the Omnibus Appropriations Act, 2009 (Public Law 111-8;
123 Stat. 621) is amended by striking ``the 09-D-007 LANSCE
Refurbishment, PED,'' and inserting ``capital equipment acquisition,
installation, and associated design funds for LANSCE,''.
(b) Fiscal Year 2010 Appropriations.--The amount appropriated under
the heading ``Weapons Activities'' under the heading ``National Nuclear
Security Administration'' under the heading ``Atomic Energy Defense
Activities'' under the heading ``Department of Energy'' under title III
of the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (Public Law 111-85; 123 Stat. 2866) and made available for
LANSCE Reinvestment, PED, Los Alamos National Laboratory, Los Alamos,
New Mexico, shall be made available instead for capital equipment
acquisition, installation, and associated design funds for LANSCE, Los
Alamos National Laboratory, Los Alamos, New Mexico.
Sec. 404. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``September 30, 2010'' and inserting ``September 30, 2012'' in lieu
thereof.
[[Page 2314]]
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) is amended by striking ``through 2010'' and
inserting ``through 2012'' in lieu thereof.
Sec. 405. (a) The <> Secretary of the Army shall not
be required to make a determination under the National Historic
Preservation Act of 1966 (16 U.S.C. 470, et seq.) for the project for
flood control, Trinity River and tributaries, Texas, authorized by
section 2 of the Act entitled ``An Act authorizing the construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 [59 Stat. 18], as
modified by section 5141 of the Water Resources Development Act of 2007
[121 Stat. 1253].
(b) <> The Federal Highway Administration is
exempt from the requirements of 49 U.S.C. 303 and 23 U.S.C. 138 for any
highway project to be constructed in the vicinity of the Dallas
Floodway, Dallas, Texas.
Sec. 406. (a) The Secretary of the Army may use funds made available
under the heading ``operation and maintenance'' of this chapter to
place, at full Federal expense, dredged material available from
maintenance dredging of existing Federal navigation channels located in
the Gulf Coast region to mitigate the impacts of the Deepwater Horizon
Oil spill in the Gulf of Mexico.
(b) The Secretary of the Army shall coordinate the placement of
dredged material with appropriate Federal and Gulf Coast State agencies.
(c) The placement of dredged material pursuant to this section shall
not be subject to a least-cost-disposal analysis or to the development
of a Chief of Engineers report.
(d) Nothing in this section shall affect the ability or authority of
the Federal Government to recover costs from an entity determined to be
a responsible party in connection with the Deepwater Horizon Oil spill
pursuant to the Oil Pollution Act of 1990 or any other applicable
Federal statute for actions undertaken pursuant to this section.
CHAPTER 5
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for necessary
expenses for emergency relief, rehabilitation, and reconstruction aid,
and other expenses related to Haiti following the earthquake of January
12, 2010, and for other disaster-response activities relating to the
earthquake, $690,000, to remain available until expended: Provided, That
funds appropriated in this paragraph may be used to reimburse
obligations incurred for the purposes provided herein prior to enactment
of this Act.
[[Page 2315]]
Office of Inspector General
salaries and expenses
(rescission)
Of the amounts made available for necessary expenses of the Office
of Inspector General under this heading in Public Law 111-117,
$1,800,000 are rescinded: Provided, That section 3002 shall not apply to
the amount under this heading.
DISTRICT OF COLUMBIA
Federal Funds
federal payment to the public defender service for the district of
columbia
(including rescission)
For an additional amount for ``Federal Payment to the Public
Defender Service for the District of Columbia'', $700,000, to remain
available until September 30, 2012.
Of the funds provided under this heading for ``Federal Payment to
the District of Columbia Public Defender Service'' in title IV of
division D of Public Law 111-8, $700,000 are rescinded: Provided, That
section 3002 shall not apply to the amounts under this heading.
INDEPENDENT AGENCY
Financial Crisis Inquiry Commission
salaries and expenses
For the necessary expenses of the Financial Crisis Inquiry
Commission established pursuant to section 5 of the Fraud Enforcement
and Recovery Act of 2009 (Public Law 111-21), $1,800,000, to remain
available until February 15, 2011: Provided, That section 3002 shall not
apply to the amount under this heading.
CHAPTER 6
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'' for necessary
expenses and other disaster-response activities related to Haiti
following the earthquake of January 12, 2010, $50,000,000, to remain
available until September 30, 2012.
acquisition, construction, and improvements
For an additional amount for ``Acquisition, Construction, and
Improvements'', $15,500,000, to remain available until September 30,
2014, for aircraft replacement.
[[Page 2316]]
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
For an additional amount for ``Disaster Relief'', $5,100,000,000, to
remain available until expended, of which $5,000,000 shall be
transferred to the Department of Homeland Security Office of the
Inspector General for audits and investigations related to disasters.
United States Citizenship and Immigration Services
For an additional amount for ``United States Citizenship and
Immigration Services'' for necessary expenses and other disaster
response activities related to Haiti following the earthquake of January
12, 2010, $10,600,000, to remain available until September 30, 2011.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 601. Notwithstanding the 10 percent limitation contained in
section 503(c) of Public Law 111-83, for fiscal year 2010, the Secretary
of Homeland Security may transfer to the fund established by 8 U.S.C.
1101 note, up to $20,000,000, from appropriations available to the
Department of Homeland Security: <>
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 5 days in
advance of such transfer.
(rescissions)
Sec. 602. (a) The following unobligated balances made available
pursuant to section 505 of Public Law 110-329 are rescinded: $2,200,000
from Coast Guard ``Operating Expenses''; $1,800,000 from the ``Office of
the Secretary and Executive Management''; and $489,152 from ``Analysis
and Operations''.
(b) <> The third clause of the proviso directing the
expenditure of funds under the heading ``Alteration of Bridges'' in the
Department of Homeland Security Appropriations Act, 2009, <> is repealed, and from available balances made available
for Coast Guard ``Alteration of Bridges'', $5,910,848 are rescinded:
Provided, That funds rescinded pursuant to this subsection shall exclude
balances made available in the American Recovery and Reinvestment Act of
2009 (Public Law 111-5).
(c) From the unobligated balances of appropriations made available
in Public Law 111-83 to the ``Office of the Federal Coordinator for Gulf
Coast Rebuilding'', $700,000 are rescinded.
(d) Section 3002 shall not apply to the amounts in this section.
Sec. 603. The Administrator of the Federal Emergency Management
Agency shall consider satisfied for Hurricane Katrina the non-Federal
match requirement for assistance provided by the Federal Emergency
Management Agency pursuant to section 404(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c(a).
Sec. 604. Funds appropriated in Public Law 111-83 under the heading
National Protection and Programs Directorate ``Infrastructure Protection
and Information Security'' shall be available
[[Page 2317]]
for facility upgrades and related costs to establish a United States
Computer Emergency Readiness Team Operations Support Center/Continuity
of Operations capability.
Sec. 605. Two C-130J aircraft funded elsewhere in this Act shall be
transferred to the Coast Guard.
Sec. 606. Notwithstanding any other provision of law, including any
agreement, the Federal share of assistance, including direct Federal
assistance provided under sections 403, 406, and 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5140b,
5172, and 5173), for damages resulting from FEMA-3311-EM-RI, FEMA-1894-
DR, FEMA-1906-DR, FEMA-1909-DR, and all other areas Presidentially
declared a disaster, prior to or following enactment, and resulting from
the May 1 and 2, 2010 weather events that elicited FEMA-1909-DR, shall
not be less than 90 percent of the eligible costs under such sections.
Sec. 607. (a) <> Not
later than 30 days after the date of the enactment of this Act, the
Assistant Secretary for the Transportation Security Administration shall
issue a security directive that requires a commercial foreign air
carrier who operates flights in and out of the United States to check
the list of individuals that the Transportation Security Administration
has prohibited from flying not later than 30 minutes after such list is
modified and provided to such air carrier.
(b) The requirements of subsection (a) shall not apply to commercial
foreign air carriers that operate flights in and out of the United
States and that are enrolled in the Secure Flight program or that are
Advance Passenger Information System Quick Query (AQQ) compliant.
CHAPTER 7
DEPARTMENT OF LABOR
Departmental Management
salaries and expenses
(including transfer of funds)
For an additional amount for ``Departmental Management'' for mine
safety activities and legal services related to the Department of
Labor's caseload before the Federal Mine Safety and Health Review
Commission (``FMSHRC''), $18,200,000, which shall remain available for
obligation through the date that is 12 months after the date of
enactment of this Act: Provided, That the Secretary of Labor may
transfer such sums as necessary to the ``Mine Safety and Health
Administration'' for enforcement and mine safety activities, which may
include conference litigation functions related to the FMSHRC caseload,
investigation of the Upper Big Branch Mine disaster, standards and
rulemaking activities, emergency response equipment purchases and
upgrades, and organizational improvements: Provided further,
That <> the Committees on Appropriations
of the Senate and the House of Representatives are notified at least 15
days in advance of any transfer.
[[Page 2318]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'' for necessary expenses for emergency relief and
reconstruction aid, and other expenses related to Haiti following the
earthquake of January 12, 2010, and for other disaster-response
activities relating to the earthquake, $220,000,000, to remain available
until expended: Provided, That these funds may be transferred by the
Secretary to accounts within the Department of Health and Human
Services, shall be merged with the appropriation to which transferred,
and shall be available only for the purposes provided herein: Provided
further, That none of the funds provided in this paragraph may be
transferred prior to notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That the
transfer authority provided in this paragraph is in addition to any
other transfer authority available in this or any other Act: Provided
further, That funds appropriated in this paragraph may be used to
reimburse agencies for obligations incurred for the purposes provided
herein prior to enactment of this Act: Provided further, That funds may
be used for the non-Federal share of expenditures for medical assistance
furnished under title XIX of the Social Security Act, and for child
health assistance furnished under title XXI of such Act, that are
related to earthquake response activities: Provided further, That funds
may be used for services performed by the National Disaster Medical
System in connection with such earthquake, for the return of evacuated
Haitian citizens to Haiti, and for grants to States and other entities
to reimburse payments made for otherwise uncompensated health and human
services furnished in connection with individuals given permission by
the United States Government to come from Haiti to the United States
after such earthquake, and not eligible for assistance under such
titles: Provided further, That the limitation in subsection (d) of
section 1113 of the Social Security Act shall not apply with respect to
any repatriation assistance provided in response to the Haiti earthquake
of January 12, 2010: Provided further, That with respect to the previous
proviso, such additional repatriation assistance shall only be available
from the funds appropriated herein.
RELATED AGENCY
Federal Mine Safety and Health Review Commission
salaries and expenses
For an additional amount for ``Federal Mine Safety and Health Review
Commission, Salaries and Expenses''$3,800,000, to remain available for
obligation for 12 months after enactment of this Act.
[[Page 2319]]
CHAPTER 8
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For a <> payment to Joyce Murtha, widow of
John P. Murtha, late a Representative from Pennsylvania, $174,000:
Provided, That section 3002 shall not apply to this appropriation.
CAPITOL POLICE
General Expenses
For an additional amount for ``Capitol Police, General Expenses'' to
purchase and install the indoor coverage portion of the new radio system
for the Capitol Police, $12,956,000, to remain available until September
30, 2012: <> Provided, That the Chief of the
Capitol Police may not obligate any of the funds appropriated under this
heading without approval of an obligation plan by the Committees on
Appropriations of the Senate and the House of Representatives.
CHAPTER 9
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$242,296,000, to remain available until September 30, 2012: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$406,590,000, to remain available until September 30, 2012: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $7,953,000.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and Pensions'',
$13,377,189,000, to remain available until expended: Provided, That
section 3002 shall not apply to the amount under this heading.
[[Page 2320]]
GENERAL PROVISION--THIS CHAPTER
(including transfer of funds)
Sec. 901. (a) Of the amounts made available to the Department of
Veterans Affairs under the ``Construction, Major Projects'' account, in
fiscal year 2010 or previous fiscal years, up to $67,000,000 may be
transferred to the ``Filipino Veterans Equity Compensation Fund''
account or may be retained in the ``Construction, Major Projects''
account and used by the Secretary of Veterans Affairs for such major
medical facility projects (as defined under section 8104(a) of title 38,
United States Code) that have been authorized by law as the Secretary
considers appropriate: Provided, That any amount transferred from
``Construction, Major Projects'' shall be derived from unobligated
balances that are a direct result of bid savings: Provided further, That
no amounts may be transferred from amounts that were designated by
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(b) Section 3002 shall not apply to the amount in this section.
limitation on use of funds available to the department of veterans
affairs
Sec. 902. The <> amount made available to the
Department of Veterans Affairs by this chapter under the heading
``Veterans Benefits Administration'' under the heading ``compensation
and pensions'' may not be obligated or expended until the expiration of
the period for Congressional disapproval under chapter 8 of title 5,
United States Code (commonly referred to as the ``Congressional Review
Act''), of the regulations prescribed by the Secretary of Veterans
Affairs pursuant to section 1116 of title 38, United States Code, to
establish a service connection between exposure of veterans to Agent
Orange during service in the Republic of Vietnam during the Vietnam era
and hairy cell leukemia and other chronic B cell leukemias, Parkinson's
disease, and ischemic heart disease.
CHAPTER 10
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,261,000,000, to remain available until September 30, 2011: Provided,
That the Secretary of State may transfer up to $149,500,000 of the total
funds made available under this heading to any other appropriation of
any department or agency of the United States, upon concurrence of the
head of such department or agency and after consultation with the
Committees on Appropriations, to support operations in and assistance
for Afghanistan and
[[Page 2321]]
Pakistan and to carry out the provisions of the Foreign Assistance Act
of 1961.
For an additional amount for ``Diplomatic and Consular Programs''
for necessary expenses for emergency relief, rehabilitation, and
reconstruction support, and other expenses related to Haiti following
the earthquake of January 12, 2010, $65,000,000, to remain available
until September 30, 2011: Provided, That funds appropriated in this
paragraph may be used to reimburse obligations incurred for the purposes
provided herein prior to enactment of this Act: Provided further, That
up to $3,700,000 of the funds made available in this paragraph may be
transferred to, and merged with, funds made available under the heading
``Emergencies in the Diplomatic and Consular Service'': Provided
further, That up to $290,000 of the funds made available in this
paragraph may be transferred to, and merged with, funds made available
under the heading ``Repatriation Loans Program Account''.
office of inspector general
For an additional amount for ``Office of Inspector General'' for
necessary expenses for oversight of operations and programs in
Afghanistan, Pakistan, and Iraq, $3,600,000, to remain available until
September 30, 2013.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'' for necessary expenses for emergency needs in Haiti
following the earthquake of January 12, 2010, $79,000,000, to remain
available until expended: Provided, That funds appropriated in this
paragraph may be used to reimburse obligations incurred for the purposes
provided herein prior to enactment of this Act.
International Organizations
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'' for necessary expenses for emergency security
related to Haiti following the earthquake of January 12, 2010,
$96,500,000, to remain available until September 30, 2011: Provided,
That funds appropriated in this paragraph may be used to reimburse
obligations incurred for the purposes provided herein prior to enactment
of this Act.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'' for necessary expenses for emergency broadcasting support
and other expenses related to Haiti following the earthquake of January
12, 2010, $3,000,000, to remain available until September 30, 2011:
Provided, That funds appropriated in this paragraph
[[Page 2322]]
may be used to reimburse obligations incurred for the purposes provided
herein prior to enactment of this Act.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
office of inspector general
For an additional amount for ``Office of Inspector General'' for
necessary expenses for oversight of operations and programs in
Afghanistan and Pakistan, $3,400,000, to remain available until
September 30, 2013.
For an additional amount for ``Office of Inspector General'' for
necessary expenses for oversight of emergency relief, rehabilitation,
and reconstruction aid, and other expenses related to Haiti following
the earthquake of January 12, 2010, $4,500,000, to remain available
until September 30, 2012: Provided, That up to $1,500,000 of the funds
appropriated in this paragraph may be used to reimburse obligations
incurred for the purposes provided herein prior to enactment of this
Act.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child Survival''
for necessary expenses for pandemic preparedness and response,
$45,000,000, to remain available until September 30, 2011.
international disaster assistance
For an additional amount for ``International Disaster Assistance''
for necessary expenses for emergency relief and rehabilitation, and
other expenses related to Haiti following the earthquake of January 12,
2010, $460,000,000, to remain available until expended: Provided, That
funds appropriated in this paragraph may be used to reimburse
obligations incurred for the purposes provided herein prior to enactment
of this Act.
Economic Support Fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$1,620,000,000, to remain available until September 30, 2012, of which
not less than $1,309,000,000 shall be made available for assistance for
Afghanistan and not less than $259,000,000 shall be made available for
assistance for Pakistan: Provided, That funds appropriated under this
heading in this Act and in prior Acts making appropriations for the
Department of State, foreign operations, and related programs that are
made available for assistance for Afghanistan may be made available,
after consultation with the Committees on Appropriations, for
disarmament, demobilization
[[Page 2323]]
and reintegration activities, subject to the requirements of section
904(e) in this chapter, and for a United States contribution to an
internationally managed fund to support the reintegration into Afghan
society of individuals who have renounced violence against the
Government of Afghanistan.
For an additional amount for ``Economic Support Fund'' for necessary
expenses for emergency relief, rehabilitation, and reconstruction aid,
and other expenses related to Haiti following the earthquake of January
12, 2010, $770,000,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated in this paragraph, up to
$120,000,000 may be transferred to the Department of the Treasury for
United States contributions to a multi-donor trust fund for
reconstruction and recovery efforts in Haiti: Provided further, That of
the funds appropriated in this paragraph, up to $10,000,000 may be
transferred to, and merged with, funds made available under the heading
``United States Agency for International Development, Funds Appropriated
to the President, Operating Expenses'' for administrative costs relating
to the purposes provided herein and to reimburse obligations incurred
for the purposes provided herein prior to enactment of this Act:
Provided further, That funds appropriated in this paragraph may be
transferred to, and merged with, funds available under the heading
``Development Credit Authority'' for the purposes provided herein:
Provided further, That such transfer authority is in addition to any
other transfer authority provided by this or any other Act: Provided
further, That funds made available to the Comptroller General pursuant
to title I, chapter 4 of Public Law 106-31, to monitor the provision of
assistance to address the effects of hurricanes in Central America and
the Caribbean, shall also be available to the Comptroller General to
monitor relief, rehabilitation, and reconstruction aid, and other
expenses related to Haiti following the earthquake of January 12, 2010,
and shall remain available until expended: Provided further, That funds
appropriated in this paragraph may be made available to the United
States Agency for International Development and the Department of State
to reimburse any accounts for obligations incurred for the purpose
provided herein prior to enactment of this Act.
For an additional amount for ``Economic Support Fund'' for necessary
expenses for assistance for Jordan, $100,000,000, to remain available
until September 30, 2012.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance''
for necessary expenses for assistance for refugees and internally
displaced persons, $165,000,000, to remain available until expended.
Department of the Treasury
international affairs technical assistance
For an additional amount for ``International Affairs Technical
Assistance'' for necessary expenses for emergency relief,
rehabilitation, and reconstruction aid, and other expenses related to
Haiti following the earthquake of January 12, 2010, $7,100,000, to
remain
[[Page 2324]]
available until September 30, 2012: Provided, That of the funds
appropriated in this paragraph, up to $60,000 may be used to reimburse
obligations incurred for the purposes provided herein prior to enactment
of this Act.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $1,034,000,000, to remain available until September
30, 2012: <> Provided, That of the
funds appropriated under this heading, not less than $650,000,000 shall
be made available for assistance for Iraq of which $450,000,000 is for
one-time start up costs and limited operational costs of the Iraqi
police program, and $200,000,000 is for implementation, management,
security, communications, and other expenses related to such program and
may be obligated only after the Secretary of State determines and
reports to the Committees on Appropriations that the Government of Iraq
supports and is cooperating with such program: Provided further, That
funds appropriated in this chapter for assistance for Iraq shall not be
subject to the limitation on assistance in section 7042(b)(1) of
division F of Public Law 111-117: Provided further, That of the funds
appropriated in this paragraph, not less than $169,000,000 shall be made
available for assistance for Afghanistan and not less than $40,000,000
shall be made available for assistance for
Pakistan: <> Provided
further, That of the funds appropriated under this heading, $175,000,000
shall be made available for assistance for Mexico for judicial reform,
institution building, anti-corruption, and rule of law activities, and
shall be available subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
For an additional amount for ``International Narcotics Control and
Law Enforcement'' for necessary expenses for emergency relief,
rehabilitation, and reconstruction aid, and other expenses related to
Haiti following the earthquake of January 12, 2010, $147,660,000, to
remain available until September 30, 2012: Provided, That funds
appropriated in this paragraph may be used to reimburse obligations
incurred for the purposes provided herein prior to enactment of this
Act.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$100,000,000, to remain available until September 30, 2012, of which not
less than $50,000,000 shall be made available for assistance for
Pakistan and not less than $50,000,000 shall be made available for
assistance for Jordan.
[[Page 2325]]
GENERAL PROVISIONS--THIS CHAPTER
extension of authorities
Sec. 1001. Funds appropriated in this chapter 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. 6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 414(a)(1)).
allocations
Sec. 1002. (a) Funds appropriated in this chapter for the following
accounts shall be made available for programs and countries in the
amounts contained in the respective tables included in the report
accompanying this Act:
(1) ``Diplomatic and Consular Programs''.
(2) ``Economic Support Fund''.
(3) ``International Narcotics Control and Law Enforcement''.
(b) <> For the purposes of implementing this
section, and only with respect to the tables included in the report
accompanying this Act, the Secretary of State and the Administrator of
the United States Agency for International Development, as appropriate,
may propose deviations to the amounts referred in subsection (a),
subject to the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961.
spending plans and notification procedures
Sec. 1003. (a) Spending Plans.--Not
later <> than 45 days after enactment of
this Act, the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development, and the
Broadcasting Board of Governors, shall submit reports to the Committees
on Appropriations detailing planned uses of funds appropriated in this
chapter, except for funds appropriated under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance''.
(b) Obligation Reports.--The Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development, and the Broadcasting Board of Governors, shall submit
reports to the Committees on Appropriations not later than 90 days after
enactment of this Act, and every 180 days thereafter until September 30,
2012, on obligations, expenditures, and program outputs and outcomes.
(c) Notification.--Funds made available in this chapter shall be
subject to the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961,
except for funds appropriated under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance''.
afghanistan
Sec. 1004. (a) <> The terms and
conditions of sections 1102(a), (b)(1), (c), and (d) of Public Law 111-
32 shall apply to funds appropriated in this chapter that are available
for assistance for Afghanistan.
[[Page 2326]]
(b) Funds appropriated in this chapter and in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are
available for assistance for Afghanistan may be obligated only if the
Secretary of State reports to the Committees on Appropriations that
prior to the disbursement of funds, representatives of the Afghan
national, provincial or local government, local communities and civil
society organizations, as appropriate, will be consulted and participate
in the design of programs, projects, and activities, and following such
disbursement will participate in implementation and oversight, and
progress will be measured against specific benchmarks.
(c)(1) <> Funds appropriated in this chapter
may be made available for assistance for the Government of Afghanistan
only if the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Afghanistan is--
(A) cooperating with United States reconstruction and reform
efforts;
(B) demonstrating a commitment to accountability by removing
corrupt officials, implementing fiscal transparency and other
necessary reforms of government institutions, and facilitating
active public engagement in governance and oversight of public
resources; and
(C) respecting the internationally recognized human rights
of Afghan women.
(2) If at any time after making the determination required in
paragraph (1) the Secretary receives credible information that the
factual basis for such determination no longer exists, the Secretary
should suspend assistance and promptly inform the relevant Afghan
authorities that such assistance is suspended until sufficient factual
basis exists to support the determination.
(d) <> Funds appropriated in this chapter and
in prior Acts that are available for assistance for Afghanistan may be
made available to support reconciliation with, or reintegration of,
former combatants only if the Secretary of State determines and reports
to the Committees on Appropriations that--
(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 women's internationally recognized human rights are
protected in such process; and
(2) such funds will not be used to support any pardon,
immunity from prosecution or amnesty, 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.
(e) <> Funds appropriated in this chapter
that are available for assistance for Afghanistan may be made available
to support the work of the Independent Electoral Commission and the
Electoral Complaints Commission in Afghanistan only if the Secretary of
State determines and reports to the Committees on Appropriations that--
(1) the Independent Electoral Commission has no members or
other employees who participated in, or helped to cover
[[Page 2327]]
up, acts of fraud in the 2009 elections for president in
Afghanistan, and the Electoral Complaints Commission is a
genuinely independent body with all the authorities that were
invested in it under Afghanistan law as of December 31, 2009,
and with no members appointed by the President of Afghanistan;
and
(2) the central Government of Afghanistan has taken steps to
ensure that women are able to exercise their rights to political
participation, whether as candidates or voters.
(f)(1) <> Not more than 45 days after
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International Development,
shall submit to the Committees on Appropriations a strategy to address
the needs and protect the rights of Afghan women and girls, including
planned expenditures of funds appropriated in this chapter, and detailed
plans for implementing and monitoring such strategy.
(2) Such strategy shall be coordinated with and support the goals
and objectives of the National Action Plan for Women of Afghanistan and
the Afghan National Development Strategy and shall include a defined
scope and methodology to measure the impact of such assistance.
(g)(1) Notwithstanding section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253) and requirements for
awarding task orders under task and delivery order contracts under
section 303J of such Act (41 U.S.C. 253j), the Secretary of State may
award task orders for police training in Afghanistan under current
Department of State contracts for police training.
(2) Any task order awarded under paragraph (1) shall be for a
limited term and shall remain in performance only until a successor
contract or contracts awarded by the Department of Defense using full
and open competition have entered into full performance after completion
of any start-up or transition periods.
pakistan
Sec. 1005. (a) Funds appropriated in this chapter and in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the headings ``Foreign Military Financing
Program'' and ``Pakistan Counterinsurgency Capability Fund'' shall be
made available--
(1) in a manner that promotes unimpeded access by
humanitarian organizations to detainees, internally displaced
persons, and other Pakistani civilians adversely affected by the
conflict; and
(2) in accordance with section 620J of the Foreign
Assistance Act of 1961, and the Secretary of State shall inform
relevant Pakistani authorities of the requirements of section
620J and of its application, and regularly monitor units of
Pakistani security forces that receive United States assistance
and the performance of such units.
(b)(1) Of the funds appropriated in this chapter under the heading
``Economic Support Fund'' for assistance for Pakistan, $5,000,000 shall
be made available through the Bureau of Democracy, Human Rights and
Labor, Department of State, for human
[[Page 2328]]
rights programs in Pakistan, including training of government officials
and security forces, and assistance for human rights organizations.
(2) <> Not later than 90
days after enactment of this Act and prior to the obligation of funds
under this subsection, the Secretary of State shall submit to the
Committees on Appropriations a human rights strategy in Pakistan
including the proposed uses of funds.
(c) Of the funds appropriated in this chapter under the heading
``Economic Support Fund'' for assistance for Pakistan, up to $1,500,000
should be made available to the Department of State and the United
States Agency for International Development for the lease of aircraft to
implement programs and conduct oversight in northwestern Pakistan, which
shall be coordinated under the authority of the United States Chief of
Mission in Pakistan.
iraq
Sec. 1006. (a) The uses of aircraft in Iraq purchased or leased with
funds made available under the headings ``International Narcotics
Control and Law Enforcement'' and ``Diplomatic and Consular Affairs'' in
this chapter and in prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be coordinated
under the authority of the United States Chief of Mission in Iraq.
(b) <> The terms and conditions of section
1106(b) of Public Law 111-32 shall apply to funds made available in this
chapter for assistance for Iraq under the heading ``International
Narcotics Control and Law Enforcement''.
(c) Of the funds appropriated in this chapter and in prior acts
making appropriations for the Department of State, foreign operations,
and related programs under the headings ``Diplomatic and Consular
Programs'' and ``Embassy Security, Construction, and Maintenance'' for
Afghanistan, Pakistan and Iraq, up to $300,000,000 may, after
consultation with the Committees on Appropriations, be transferred
between, and merged with, such appropriations for activities related to
security for civilian led operations in such countries.
haiti
Sec. 1007. (a) <> Funds appropriated in this
chapter and in prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Economic Support Fund'' and ``International Narcotics Control and Law
Enforcement'' that are available for assistance for Haiti may be
obligated only if the Secretary of State reports to the Committees on
Appropriations that prior to the disbursement of funds, representatives
of the Haitian national, provincial or local government, local
communities and civil society organizations, as appropriate, will be
consulted and participate in the design of programs, projects, and
activities, and following such disbursement will participate in
implementation and oversight, and progress will be measured against
specific benchmarks.
(b)(1) <> Funds appropriated in this chapter
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' may be made available for
assistance for the Government of Haiti only if the Secretary of State
determines
[[Page 2329]]
and reports to the Committees on Appropriations that the Government of
Haiti is--
(A) cooperating with United States reconstruction and reform
efforts; and
(B) demonstrating a commitment to accountability by removing
corrupt officials, implementing fiscal transparency and other
necessary reforms of government institutions, and facilitating
active public engagement in governance and oversight of public
resources.
(2) If at any time after making the determination required in
paragraph (1) the Secretary receives credible information that the
factual basis for making such determination no longer exists, the
Secretary should suspend assistance and promptly inform the relevant
Haitian authorities that such assistance is suspended until sufficient
factual basis exists to support the determination.
(c)(1) Funds appropriated in this chapter for bilateral assistance
for Haiti may be provided as direct budget support to the central
Government of Haiti only if the Secretary of State reports to the
Committees on Appropriations that the Government of the United States
and the Government of Haiti 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.
(2) The Secretary should suspend any such direct budget support to
an implementing agency if the Secretary has credible evidence of misuse
of such funds by any such agency.
(3) Any such direct budget support shall be subject to prior
consultation with the Committees on Appropriations.
(d) Funds appropriated in this chapter that are made available for
assistance for Haiti shall be made available, to the maximum extent
practicable, in a manner that emphasizes the participation and
leadership of Haitian women and directly improves the security, economic
and social well-being, and political status of Haitian women and girls.
(e) Funds appropriated in this chapter may be made available for
assistance for Haiti notwithstanding any other provision of law, except
for section 620J of the Foreign Assistance Act of 1961 and provisions of
this chapter.
haiti debt relief
Sec. 1008. (a) For an additional amount for ``Contribution to the
Inter-American Development Bank'', ``Contribution to the International
Development Association'', and ``Contribution to the International Fund
for Agricultural Development'', to cancel Haiti's existing debts and
repayments on disbursements from loans committed prior to January 12,
2010, and for the United States share of an increase in the resources of
the Fund for Special Operations of the Inter-American Development Bank,
to the extent separately authorized in this chapter, in furtherance of
providing debt relief for Haiti in view of the Cancun Declaration of
March 21, 2010, a total of $212,000,000, to remain available until
September 30, 2012.
(b) Up to $40,000,000 of the amounts appropriated under the heading
``Department of the Treasury, Debt Restructuring'' in prior Acts making
appropriations for the Department of State, foreign
[[Page 2330]]
operations, and related programs may be used to cancel Haiti's existing
debts and repayments on disbursements from loans committed prior to
January 12, 2010, to the Inter-American Development Bank, the
International Development Association, and the International Fund for
Agricultural Development, and 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.
haiti debt relief authority
Sec. 1009. The Inter-American Development Bank Act, Public Law 86-
147, as amended (22 U.S.C. 283 et seq.), is further amended by adding at
the end thereof the following new section:
``SEC. 40. <> AUTHORITY TO VOTE FOR AND
CONTRIBUTE TO AN INCREASE IN RESOURCES OF
THE FUND FOR SPECIAL OPERATIONS; PROVIDING
DEBT RELIEF TO HAITI.
``(a) Vote Authorized.--In accordance with section 5 of this Act,
the United States Governor of the Bank is authorized to vote in favor of
a resolution to increase the resources of the Fund for Special
Operations up to $479,000,000, in furtherance of providing debt relief
for Haiti in view of the Cancun Declaration of March 21, 2010, which
provides that:
``(1) Haiti's debts to the Fund for Special Operations are
to be cancelled;
``(2) Haiti's remaining local currency conversion
obligations to the Fund for Special Operations are to be
cancelled;
``(3) undisbursed balances of existing loans of the Fund for
Special Operations to Haiti are to be converted to grants; and
``(4) the Fund for Special Operations is to make available
significant and immediate grant financing to Haiti as well as
appropriate resources to other countries remaining as borrowers
within the Fund for Special Operations, consistent with
paragraph 6 of the Cancun Declaration of March 21, 2010.
``(b) Contribution Authority.--To the extent and in the amount
provided in advance in appropriations Acts the United States Governor of
the Bank may, on behalf of the United States and in accordance with
section 5 of this Act, contribute up to $252,000,000 to the Fund for
Special Operations, which will provide for debt relief of:
``(1) up to $240,000,000 to the Fund for Special Operations;
``(2) up to $8,000,000 to the International Fund For
Agricultural Development (IFAD); and
``(3) up to $4,000,000 for the International Development
Association (IDA).
``(c) Authorization of Appropriations.--To pay for the contribution
authorized under subsection (b), there are authorized to be
appropriated, without fiscal year limitation, for payment by the
Secretary of the Treasury $212,000,000, for the United States
contribution to the Fund for Special Operations.''.
mexico
Sec. 1010. (a) <> For purposes
of funds appropriated in this chapter and in prior Acts making
appropriations for the Department
[[Page 2331]]
of State, foreign operations, and related programs under the heading
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for Mexico, the provisions of paragraphs (1)
through (3) of section 7045(e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H of
Public Law 111-8) shall apply and the report required in paragraph (1)
shall be based on a determination by the Secretary of State of
compliance with each of the requirements in paragraph (1)(A) through
(D).
(b) <> Funds appropriated in this chapter under the
heading ``International Narcotics Control and Law Enforcement'' that are
available for assistance for Mexico may be made available only after the
Secretary of State submits a report to the Committees on Appropriations
detailing a coordinated, multi-year, interagency strategy to address the
causes of drug-related violence and other organized criminal activity in
Central and South America, Mexico, and the Caribbean, which shall
describe--
(1) the United States multi-year strategy for the region,
including a description of key challenges in the source,
transit, and demand zones; the key objectives of the strategy;
and a detailed description of outcome indicators for measuring
progress toward such objectives;
(2) the integration of diplomatic, administration of
justice, law enforcement, civil society, economic development,
demand reduction, and other assistance to achieve such
objectives;
(3) progress in phasing out law enforcement activities of
the militaries of each recipient country, as applicable; and
(4) governmental efforts to investigate and prosecute
violations of internationally recognized human rights.
(c) Of the funds appropriated in this chapter under the heading
``Diplomatic and Consular Programs'', up to $5,000,000 may be made
available for armored vehicles and other emergency diplomatic security
support for United States Government personnel in Mexico.
el salvador
Sec. 1011. Of the funds appropriated in this chapter under the
heading ``Economic Support Fund'', $25,000,000 shall be made available
for necessary expenses for emergency relief and reconstruction
assistance for El Salvador related to Hurricane/Tropical Storm Ida.
democratic republic of the congo
Sec. 1012. Of the funds appropriated in this chapter under the
heading ``Economic Support Fund'', $15,000,000 shall be made available
for necessary expenses for emergency security and humanitarian
assistance for civilians, particularly women and girls, in the eastern
region of the Democratic Republic of the Congo.
international scientific cooperation
Sec. 1013. Funds appropriated in prior Acts making appropriations
for the Department of State, foreign operations, and related programs
that are made available for science and technology centers in the former
Soviet Union may be used to support productive, non-military projects
that engage scientists and engineers who have no weapons background, but
whose competence could otherwise
[[Page 2332]]
be applied to weapons development, provided such projects are executed
through existing science and technology centers and notwithstanding
sections 503 and 504 of the FREEDOM Support Act (Public Law 102-511),
and following consultation with the Committees on Appropriations, the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
international renewable energy agency
Sec. 1014. For <> fiscal year 2011 and
thereafter, the President is authorized to accept the statute of, and to
maintain membership of the United States in, the International Renewable
Energy Agency, and the United States' assessed contributions to maintain
such membership may be paid from funds appropriated for ``Contributions
to International Organizations''.
office of inspector general personnel
Sec. 1015. (a) <> Funds appropriated in this
chapter for the United States Agency for International Development
Office of Inspector General (OIG) may be made available to contract with
United States citizens for personal services when the Inspector General
determines that the personnel resources of the OIG are otherwise
insufficient.
(1) Not more than 5 percent of the OIG personnel (determined
on a full-time equivalent basis), as of any given date, are
serving under personal services contracts.
(2) <> Contracts under this paragraph
shall not exceed a term of 2 years unless the Inspector General
determines that exceptional circumstances justify an extension
of up to 1 additional year, and contractors under this paragraph
shall not be considered employees of the Federal Government for
purposes of title 5, United States Code, or members of the
Foreign Service for purposes of title 22, United States Code.
(b)(1) <> The Inspector General may waive
subsections (a) through (d) of section 8344, and subsections (a) through
(e) of section 8468 of title 5, United States Code, and subsections (a)
through (d) of section 4064 of title 22, United States Code, on behalf
of any re-employed annuitant serving in a position within the OIG to
facilitate the assignment of persons to positions in Iraq, Pakistan,
Afghanistan, and Haiti or to positions vacated by members of the Foreign
Service assigned to those countries.
(2) <> The authority provided in paragraph
(1) shall be exercised on a case-by-case basis for positions for which
there is difficulty recruiting or retaining a qualified employee or to
address a temporary emergency hiring need, individuals employed by the
OIG under this paragraph shall not be considered employees for purposes
of subchapter III of chapter 83 of title 5, United States Code, or
chapter 84 of such title, and the authorities of the Inspector General
under this paragraph shall terminate on October 1, 2012.
authority to reprogram funds
Sec. 1016. Of <> the
funds appropriated by this chapter for assistance for Afghanistan, Iraq
and Pakistan, up to $100,000,000 may be made available pursuant to the
authority of section 451 of the Foreign Assistance Act of 1961, as
amended, for assistance
[[Page 2333]]
in the Middle East and South Asia regions if the President finds, in
addition to the requirements of section 451 and certifies and reports to
the Committees on Appropriations, that exercising the authority of this
section is necessary to protect the national security interests of the
United States: <> Provided, That the
Secretary of State shall consult with the Committees on Appropriations
prior to the reprogramming of such funds, which shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the funding limitation otherwise applicable to
section 451 of the Foreign Assistance Act of 1961 shall not apply to
this section: <> Provided further, That the
authority of this section shall expire upon enactment of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011.
special inspector general for afghanistan reconstruction
(including rescission)
Sec. 1017. (a) Of the funds appropriated under the heading
``Department of State, Administration of Foreign Affairs, Office of
Inspector General'' and authorized to be transferred to the Special
Inspector General for Afghanistan Reconstruction in title XI of Public
Law 111-32, $7,200,000 are rescinded.
(b) For an additional amount for ``Department of State,
Administration of Foreign Affairs, Office of Inspector General'' which
shall be available for the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight in Afghanistan, $7,200,000,
and shall remain available until September 30, 2011.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
highway traffic safety grants
(highway trust fund)
(including rescission)
Of the amounts provided for Safety Belt Performance Grants in Public
Law 111-117, $15,000,000 shall be available to pay for expenses
necessary to discharge the functions of the Secretary, with respect to
traffic and highway safety under subtitle C of title X of Public Law
109-59 and chapter 301 and part C of subtitle VI of title 49, United
States Code, and for the planning or execution of programs authorized
under section 403 of title 23, United States Code: Provided, That such
funds shall be available until September 30, 2011, and shall be in
addition to the amount of any limitation imposed on obligations in
fiscal year 2011.
Of the amounts made available for Safety Belt Performance Grants
under section 406 of title 23, United States Code, $25,000,000 in
unobligated balances are permanently rescinded: Provided, That section
3002 shall not apply to the amounts under this heading.
[[Page 2334]]
consumer assistance to recycle and save program
(rescission)
Of the amounts made available for the Consumer Assistance to Recycle
and Save Program, $44,000,000 in unobligated balances are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
For an additional amount for the ``Community Development Fund'', for
necessary expenses related to disaster relief, long-term recovery, and
restoration of infrastructure, housing, and economic revitalization in
areas affected by severe storms and flooding from March 2010 through May
2010 for which the President declared a major disaster covering an
entire State or States with more than 20 counties declared major
disasters under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974, $100,000,000, to remain available
until expended, for activities authorized under title I of the Housing
and Community Development Act of 1974 (Public Law 93-383): <> Provided, That funds shall be awarded directly
to the State or unit of general local government at the discretion of
the Secretary: <> Provided further, That prior to the
obligation of funds a grantee shall submit a plan to the Secretary
detailing the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure: Provided further, That funds
provided under this heading may be used by a State or locality as a
matching requirement, share, or contribution for any other Federal
program: Provided further, That such funds may not be used for
activities reimbursable by, or for which funds are made available by,
the Federal Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading shall not
adversely affect the amount of any formula assistance received by a
State or subdivision thereof under the Community Development Fund:
Provided further, That a State or subdivision thereof may use up to 5
percent of its allocation for administrative costs: <> Provided further, That in administering the funds under
this heading, the Secretary of Housing and Urban Development may waive,
or specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
or guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a request
by a State or subdivision thereof explaining why such waiver is required
to facilitate the use of such funds or guarantees, if the Secretary
finds that such waiver would not be inconsistent with the overall
purpose of title I of the Housing and Community Development Act of
1974: <> Provided
further, That the Secretary shall publish in the Federal Register any
waiver of any statute or regulation that the Secretary administers
pursuant to title I of the Housing and Community Development Act of 1974
no later than 5 days before the effective date of such <> waiver: Provided
[[Page 2335]]
further, That the Secretary shall obligate to a State or subdivision
thereof not less than 50 percent of the funding provided under this
heading within 90 days after the enactment of this Act.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount, in addition to amounts provided elsewhere
in this Act, for ``Economic Development Assistance Programs'', to carry
out planning, technical assistance and other assistance under section
209, and consistent with section 703(b), of the Public Works and
Economic Development Act (42 U.S.C. 3149, 3233), in States affected by
the incidents related to the discharge of oil that began in 2010 in
connection with the explosion on, and sinking of, the mobile offshore
drilling unit Deepwater Horizon, $5,000,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount, in addition to amounts provided elsewhere
in this Act, for ``Operations, Research, and Facilities'', $13,000,000,
to remain available until expended, for responding to economic impacts
on fishermen and fishery-dependent businesses: Provided,
That <> the amounts appropriated herein are not
available unless the Secretary of Commerce determines that resources
provided under other authorities and appropriations including by the
responsible parties under the Oil Pollution Act, 33 U.S.C. 2701, et
seq., are not sufficient to respond to economic impacts on fishermen and
fishery-dependent business following an incident related to a spill of
national significance declared under the National Contingency Plan
provided for under section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
For an additional amount, in addition to amounts provided elsewhere
in this Act, for ``Operations, Research, and Facilities'', for
activities undertaken including scientific investigations and sampling
as a result of the incidents related to the discharge of oil and the use
of oil dispersants that began in 2010 in connection with the explosion
on, and sinking of, the mobile offshore drilling unit Deepwater Horizon,
$7,000,000, to remain available until expended. These activities may be
funded through the provision of grants to universities, colleges and
other research partners through extramural research funding.
[[Page 2336]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', Food and
Drug Administration, Department of Health and Human Services, for food
safety monitoring and response activities in connection with the
incidents related to the discharge of oil that began in 2010 in
connection with the explosion on, and sinking of, the mobile offshore
drilling unit Deepwater Horizon, $2,000,000, to remain available until
expended.
DEPARTMENT OF THE INTERIOR
Departmental Offices
Office of the Secretary
salaries and expenses
(including transfer of funds)
For an additional amount for the ``Office of the Secretary, Salaries
and Expenses'' for increased inspections, enforcement, investigations,
environmental and engineering studies, and other activities related to
emergency offshore oil spill incidents in the Gulf of Mexico,
$29,000,000, to remain available until expended: Provided, That such
funds may be transferred by the Secretary to any other account in the
Department of the Interior to carry out the purposes provided herein.
DEPARTMENT OF JUSTICE
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $10,000,000, to remain available until expended, for
litigation expenses resulting from incidents related to the discharge of
oil that began in 2010 in connection with the explosion on, and sinking
of, the mobile offshore drilling unit Deepwater Horizon.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For an <> additional amount for ``Science and
Technology'' for a study on the potential human and environmental risks
and impacts of the release of crude oil and the application of
dispersants, surface washing agents, bioremediation agents, and other
mitigation measures listed in the National Contingency Plan Product List
(40 C.F.R. Part 300 Subpart J), as appropriate, $2,000,000, to remain
available until expended: Provided, That the study shall be performed at
the direction of the Administrator of the Environmental Protection
Agency, in coordination with the Secretary of
[[Page 2337]]
Commerce and the Secretary of the Interior: Provided further, That the
study may be funded through the provision of grants to universities and
colleges through extramural research funding.
GENERAL PROVISION--THIS TITLE
deepwater horizon
Sec. 2001. Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752) is amended in the second sentence:
(1) by inserting ``: (1)'' before ``may obtain an advance''
and after ``the Coast Guard'';
(2) <> by striking
``advance. Amounts'' and inserting the following: ``advance; (2)
in the case of discharge of oil that began in 2010 in connection
with the explosion on, and sinking of, the mobile offshore
drilling unit Deepwater Horizon, may, without further
appropriation, obtain one or more advances from the Oil Spill
Liability Trust Fund as needed, up to a maximum of $100,000,000
for each advance, the total amount of all advances not to exceed
the amounts available under section 9509(c)(2) of the Internal
Revenue Code of 1986 (26 U.S.C. 9509(c)(2)), and within 7 days
of each advance, shall notify Congress of the amount advanced
and the facts and circumstances necessitating the advance; and
(3) amounts''.
prohibition on fines and liability
Sec. 2002. None of the funds made available by this Act shall be
used to levy against any person any fine, or to hold any person liable
for construction or renovation work performed by the person, in any
State under the final rule entitled ``Lead; Renovation, Repair, and
Painting Program; Lead Hazard Information Pamphlet; Notice of
Availability; Final Rule'' (73 Fed. Reg. 21692 (April 22, 2008)), and
the final rule entitled ``Lead; Amendment to the Opt-out and
Recordkeeping Provisions in the Renovation, Repair, and Painting
Program'' signed by the Administrator on April 22, 2010.
right-of-way
Sec. 2003. (a) <> Notwithstanding any other
provision of law, the Secretary of the Interior shall--
(1) not later than 30 days after the date of enactment of
this Act, amend Right-of-Way Grants No. NVN-49781/IDI-26446/NVN-
85211/NVN-85210 of the Bureau of Land Management to shift the
200-foot right-of-way for the 500-kilovolt transmission line
project to the alignment depicted on the maps entitled
``Southwest Intertie Project'' and dated December 10, 2009, and
May 21, 2010, and approve the construction, operation and
maintenance plans of the project; and
(2) <> not later than 90 days after the date
of enactment of this Act, issue a notice to proceed with
construction of the project in accordance with the amended
grants and approved plans described in paragraph (1).
(b) Notwithstanding any other provision of law, the Secretary of
Energy may provide or facilitate federal financing for the project
described in subsection (a) under the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123 Stat. 115) or the Energy Policy Act
of 2005 (42 U.S.C. 15801 et seq.), based
[[Page 2338]]
on the comprehensive reviews and consultations performed by the
Secretary of the Interior.
funding for environmental and fisheries impacts
Sec. 2004. (1) Fisheries Disaster Relief.--For an additional
amount, in addition to other amounts provided in this Act for the
National Oceanic and Atmospheric Administration, $15,000,000 to be
available to provide fisheries disaster relief under section 312 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a) related to a commercial fishery failure due to a fishery resource
disaster in the Gulf of Mexico that resulted from the Deepwater Horizon
oil discharge.
(2) Expanded stock assessment of fisheries.--For an
additional amount, in addition to other amounts provided in this
Act for the National Oceanic and Atmospheric Administration,
$10,000,000 to conduct an expanded stock assessment of the
fisheries of the Gulf of Mexico. Such expanded stock assessment
shall include an assessment of the commercial and recreational
catch and biological sampling, observer programs, data
management and processing activities, the conduct of
assessments, and follow-up evaluations of such fisheries.
(3) Ecosystem services impacts study.--For an additional
amount, in addition to other amounts provided for the Department
of Commerce, $1,000,000 to be available for the National Academy
of Sciences to conduct a study of the long-term ecosystem
service impacts of the Deepwater Horizon oil discharge. Such
study shall assess long-term costs to the public of lost water
filtration, hunting, and fishing (commercial and recreational),
and other ecosystem services associated with the Gulf of Mexico.
(4) In general.--Of the <> amounts
appropriated or made available under division B, title I of
Public Law 111-117 that remain unobligated as of the date of the
enactment of this Act under Procurement, Acquisition, and
Construction for the National Oceanic and Atmospheric
Administration, $26,000,000 of the amounts appropriated are
hereby rescinded.
TITLE III
GENERAL PROVISIONS--THIS ACT
availability of funds
Sec. 3001 No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
emergency designation
Sec. 3002. Unless otherwise specified, each amount in this Act is
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.
Sec. 3003. (a) <> Notwithstanding any other
provision of law, for fiscal year 2010 only, all funds received from
sales, bonuses, royalties, and rentals under the Geothermal Steam Act of
1970
[[Page 2339]]
(30 U.S.C. Sec. Sec. 1001 et seq.) shall be deposited in the Treasury,
of which--
(1) 50 percent shall be used by the Secretary of the
Treasury to make payments to States within the boundaries of
which the leased land and geothermal resources are located;
(2) 25 percent shall be used by the Secretary of the
Treasury to make payments to the counties within the boundaries
of which the leased land or geothermal resources are located;
and
(3) 25 percent shall be deposited in miscellaneous receipts.
(b) Section 3002 shall not apply to this section.
Sec. 3004. (a) Public Law 111-88, the Interior, Environment, and
Related Agencies Appropriations Act, 2010, is amended under the
heading <> ``Office of the Special Trustee for
American Indians'' by--
(1) striking ``$185,984,000'' and inserting
``$176,984,000''; and
(2) striking ``$56,536,000'' and inserting ``$47,536,000''.
(b) Section 3002 shall not apply to the amounts in this section.
Sec. 3005. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (16 U.S.C. 461 note; Public Law 105-312) is amended by striking
``2008'' and inserting ``2011''.
Sec. 3006. For fiscal years 2010 and 2011--
(1) the National Park Service Recreation Fee Program account
may be available for the cost of adjustments and changes within
the original scope of contracts for National Park Service
projects funded by Public Law 111-5 and for associated
administrative costs when no funds are otherwise available for
such purposes;
(2) notwithstanding section 430 of division E of Public Law
111-8 and section 444 of Public Law 111-88, the Secretary of the
Interior may utilize unobligated balances for adjustments and
changes within the original scope of projects funded through
division A, title VII, of Public Law 111-5 and for associated
administrative costs when no funds are otherwise available;
(3) the Secretary of the Interior shall ensure that any
unobligated balances utilized pursuant to paragraph (2) shall be
derived from the bureau and account for which the project was
funded in Public Law 111-5; and
(4) <> the Secretary of the Interior
shall consult with the Committees on Appropriations prior to
making any charges authorized by this section.
Sec. 3007. (a) Section 205(d) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2304(d)) is amended by striking ``10 years''
and inserting ``11 years''.
(b) Section 3002 shall not apply to this section.
Sec. 3008. Of <> the amounts appropriated for the
Edward Byrne Memorial Justice Assistance Grant Program under subpart 1
of part E of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3750 et seq.) under the heading ``state and local law
enforcement assistance'' under the heading ``Office of Justice
Programs'' under the heading ``State and Local Law Enforcement
Activities'' under title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 579), at the discretion of the Attorney
General, the amounts to be made available to Genesee County, Michigan
for assistance for individuals
[[Page 2340]]
transitioning from prison in Genesee County, Michigan pursuant to the
joint statement of managers accompanying that Act may be made available
to My Brother's Keeper of Genesee County, Michigan to provide assistance
for individuals transitioning from prison in Genesee County, Michigan.
Sec. 3009. Section 159(b)(2)(C) of title I of division A of the
Consolidated Appropriations Act, 2010 (49 U.S.C. 24305 note) is amended
by striking clauses (i) and (ii) and inserting the following:
``(i) requiring inspections of any container
containing a firearm or ammunition; and
``(ii) the temporary suspension of firearm
carriage service if credible intelligence
information indicates a threat related to the
national rail system or specific routes or
trains.''.
public availability of contractor integrity and performance database
Sec. 3010. Section <> 872(e)(1) of the Clean
Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-417;
41 U.S.C. 417b(e)(1)) is amended by adding at the end the following:
``In addition, the Administrator shall post all such information,
excluding past performance reviews, on a publicly available Internet
website.''.
assessments on guantanamo bay detainees
Sec. 3011. (a) Submission of Information Related to Disposition
Decisions.--Not later <> than 45 days after the date
of the enactment of this Act, the Director of National Intelligence, in
coordination with the participants of the interagency review of
Guantanamo Bay detainees conducted pursuant to Executive Order 13492 (10
U.S.C. 801 note), shall fully inform the congressional intelligence
committees concerning the basis for the disposition decisions reached by
the Guantanamo Review Task Force, and shall provide to the congressional
intelligence committees--
(1) <> the written threat analyses
prepared on each detainee by the Guantanamo Review Task Force
established pursuant to Executive Order 13492; and
(2) access to the intelligence information that formed the
basis of any such specific assessments or threat analyses.
(b) Future Submissions.--In addition <> to the
analyses, assessments, and information required under subsection (a) and
not later than 10 days after the date that a threat assessment described
in subsection (a) is disseminated, the Director of National Intelligence
shall provide to the congressional intelligence committees--
(1) any new threat assessment prepared by any element of the
intelligence community of a Guantanamo Bay detainee who remains
in detention or is pending release or transfer; and
(2) access to the intelligence information that formed the
basis of such threat assessment.
(c) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' has the meaning given
that term in section 3(7) of the National Security Act of 1947 (50
U.S.C. 401a(7)).
Sec. 3012. Of <> the amounts appropriated for the
Edward Byrne Memorial Justice Assistance Grant Program under subpart 1
of
[[Page 2341]]
part E of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3750 et seq.) under the heading ``state and local law
enforcement assistance'' under the heading ``Office of Justice
Programs'' under the heading ``State and Local Law Enforcement
Activities'' under title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 579), at the discretion of the Attorney
General, the amounts to be made available to the Marcus Institute,
Atlanta, Georgia, to provide remediation for the potential consequences
of childhood abuse and neglect, pursuant to the joint statement of
managers accompanying that Act, may be made available to the Georgia
State University Center for Healthy Development, Atlanta, Georgia.
coastal impact assistance
Sec. 3013. Section 31 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356a) is amended by adding at the end the following:
``(e) Emergency Funding.--
``(1) In general.--In response to a spill of national
significance under the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.), at the request of a producing State or coastal
political subdivision and notwithstanding the requirements of
part 12 of title 43, Code of Federal Regulations (or a successor
regulation), the Secretary may immediately disburse funds
allocated under this section for 1 or more individual projects
that are--
``(A) consistent with subsection (d); and
``(B) specifically designed to respond to the spill
of national significance.
``(2) Approval by secretary.--The Secretary may, in the sole
discretion of the Secretary, approve, on a project by project
basis, the immediate disbursal of the funds under paragraph (1).
``(3) <> State requirements.--
``(A) Additional information.--If the Secretary
approves a project for funding under this subsection
that is included in a plan previously approved under
subsection (c), not later than 90 days after the date of
the funding approval, the producing State or coastal
political subdivision shall submit to the Secretary any
additional information that the Secretary determines to
be necessary to ensure that the project is in compliance
with subsection (d).
``(B) Amendment to plan.--If the Secretary approves
a project for funding under this subsection that is not
included in a plan previously approved under subsection
(c), not later than 90 days after the date of the
funding approval, the producing State or coastal
political subdivision shall submit to the Secretary for
approval an amendment to the plan that includes any
projects funded under paragraph (1), as well as any
information about such projects that the Secretary
determines to be necessary to ensure that the project is
in compliance with subsection (d).
``(C) Limitation.--If a producing State or coastal
political subdivision does not submit the additional
information or amendments to the plan required by this
paragraph, or if, based on the information submitted by
the Secretary
[[Page 2342]]
determines that the project is not in compliance with
subsection (d), by the deadlines specified in this
paragraph, the Secretary shall not disburse any
additional funds to the producing State or the coastal
political subdivisions until the date on which the
additional information or amendment to the plan has been
approved by the Secretary.''.
This Act may be cited as the ``Supplemental Appropriations Act,
2010''.
Approved July 29, 2010.
LEGISLATIVE HISTORY--H.R. 4899:
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SENATE REPORTS: No. 111-188 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Mar. 24, considered and passed House.
May 24-27, considered and passed Senate, amended.
July 1, House concurred in Senate amendment with an
amendment.
July 22, Senate considered and rejected House amendment.
July 27, House receded and concurred in Senate amendment.