[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-4
112th Congress

Joint Resolution


 
Making further continuing appropriations for fiscal year 2011, and for
other purposes. <>

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <>  That the Continuing Appropriations
Act, 2011 (Public Law 111-242) is further amended--
(1) by striking the date specified in section
106(3) <>  and inserting ``March 18,
2011''; and
(2) by adding after section 166, as added by the Continuing
Appropriations Amendments, 2011 (section 1 of Public Law 111-
322), the following new sections:

``Sec. 167.  The amounts described in paragraphs (1) and (2) of
section 114 of this Act are designated as being for contingency
operations directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year 2010.
``Sec. 168.  Any language <>  specifying an earmark
in an appropriations Act for fiscal year 2010, or in a committee report
or joint explanatory statement accompanying such an Act, shall have no
legal effect with respect to funds appropriated
by <> this Act. For purposes of this section, the
term `earmark' means a congressional earmark or congressionally directed
spending item, as defined in clause 9(e) of rule XXI of the Rules of the
House of Representatives and paragraph 5(a) of rule XLIV of the Standing
Rules of the Senate.

``Sec. 169.  The first and third paragraphs under the heading `Rural
Development Programs--Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program' in Public Law 111-80 shall not
apply to funds appropriated by this Act.
``Sec. 170.  Notwithstanding section 101, amounts are provided for
`Corps of Engineers-Civil--Investigations' at a rate for operations of
$104,000,000.
``Sec. 171.  Notwithstanding section 101, amounts are provided for
`Corps of Engineers-Civil--Construction' at a rate for operations of
$1,690,000,000: Provided, That all of the provisos under such heading in
Public Law 111-85 shall not apply to funds appropriated by this Act.
``Sec. 172.  Notwithstanding section 101, amounts are provided for
`Corps of Engineers-Civil--Mississippi River and Tributaries' at a rate
for operations of $260,000,000: Provided, That the proviso under such
heading in Public Law 111-85 shall not apply to funds appropriated by
this Act.

[[Page 7]]

``Sec. 173.  Notwithstanding section 101, amounts are provided for
`Corps of Engineers-Civil--Operation and Maintenance' at a rate for
operations of $2,361,000,000.
``Sec. 174.  Notwithstanding section 101, amounts are provided for
`Department of the Interior--Bureau of Reclamation--Water and Related
Resources' at a rate for operations of $913,580,000: Provided, That the
fifth proviso (regarding the San Gabriel Basin Restoration Fund) and
seventh proviso (regarding the Milk River Project) under such heading in
Public Law 111-85 shall not apply to funds appropriated by this Act.
``Sec. 175.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Energy Efficiency and Renewable
Energy' at a rate for operations of $1,950,370,000: Provided, That all
of the provisos under such heading in Public Law 111-85 shall not apply
to funds appropriated by this Act.
``Sec. 176.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Electricity Delivery and Energy
Reliability' at a rate for operations of $158,910,000: Provided, That
all of the provisos under such heading in Public Law 111-85 shall not
apply to funds appropriated by this Act.
``Sec. 177.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Nuclear Energy' at a rate for
operations of $784,140,000: Provided, That the proviso under such
heading in Public Law 111-85 shall not apply to funds appropriated by
this Act.
``Sec. 178.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Fossil Energy Research and
Development' at a rate for operations of $635,530,000: Provided, That
the second proviso under such heading in Public Law 111-85 shall not
apply to funds appropriated by this Act.
``Sec. 179.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Science' at a rate for
operations of $4,826,820,000: Provided, That all of the provisos under
such heading in Public Law 111-85 shall not apply to funds appropriated
by this Act.
``Sec. 180.  The last proviso under the heading `Department of
Energy--Atomic Energy Defense Activities--National Nuclear Security
Administration--Weapons Activities' in Public Law 111-85 shall not apply
to funds appropriated by this Act.
``Sec. 181.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Atomic Energy Defense Activities--National
Nuclear Security Administration--Defense Nuclear Nonproliferation' at a
rate for operations of $2,136,460,000: Provided, That the proviso under
such heading in Public Law 111-85 shall not apply to funds appropriated
by this Act.
``Sec. 182.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Atomic Energy Defense Activities--National
Nuclear Security Administration--Office of the Administrator' at a rate
for operations of $407,750,000: Provided, That the last proviso under
such heading in Public Law 111-85 shall not apply to funds appropriated
by this Act.
``Sec. 183.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Environmental and Other Defense Activities--
Defense Environmental Cleanup' at a rate for operations of
$5,209,031,000, of which $33,700,000 shall be transferred to the
`Uranium Enrichment Decontamination and Decommissioning

[[Page 8]]

Fund': Provided, That the proviso under such heading in Public Law 111-
85 shall not apply to funds appropriated by this Act.
``Sec. 184.  Notwithstanding section 101, amounts are provided for
`Department of Energy--Environmental and Other Defense Activities--Other
Defense Activities' at a rate for operations of $844,470,000: Provided,
That the proviso under such heading in Public Law 111-85 shall not apply
to funds appropriated by this Act.
``Sec. 185.  Notwithstanding section 101, amounts are provided for
`Independent Agencies--Election Assistance Commission--Election Reform
Programs' at a rate for operations of $0.
``Sec. 186.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Office of the Under Secretary for
Management' at a rate for operations of $253,190,000.
``Sec. 187.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Customs and Border Protection--
Salaries and Expenses' at a rate for operations of $8,063,913,000.
``Sec. 188.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Customs and Border Protection--
Construction and Facilities Management' at a rate for operations of
$276,370,000.
``Sec. 189.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Transportation Security
Administration--Aviation Security' at a rate for operations of
$5,212,790,000: <> Provided, That the amounts
included under such heading in Public Law 111-83 shall be applied to
funds appropriated by this Act as follows: by substituting
`$5,212,790,000' for `$5,214,040,000'; by substituting `$4,356,826,000'
for `$4,358,076,000'; by substituting `$1,115,156,000' for
`$1,116,406,000'; by substituting $777,050,000 for $778,300,000; and by
substituting `$3,112,790,000' for `$3,114,040,000'.

``Sec. 190.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Coast Guard--Operating Expenses' at a
rate for operations of
$6,801,791,000: <> Provided, That section 157 of
this Act shall be applied by substituting `$17,880,000' for
`$21,880,000', and without regard to `and ``Coast Guard, Alteration of
Bridges'' '.

``Sec. 191.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Coast Guard--Acquisition,
Construction, and Improvements' at a rate for operations of
$1,519,980,000.
``Sec. 192.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Coast Guard--Alteration of Bridges' at
a rate for operations of $0.
``Sec. 193.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--National Protection and Programs
Directorate--Infrastructure Protection and Information Security' at a
rate for operations of $879,816,000.
``Sec. 194.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Office of Health Affairs' at a rate
for operations of $134,250,000.
``Sec. 195.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Federal Emergency Management Agency--
State and Local Programs' at a rate for operations of
$2,912,558,000: <> Provided, That the amounts
included under such heading in Public Law 111-83 shall be applied to

[[Page 9]]

funds appropriated by this Act as follows: in paragraph (12), by
substituting `$12,554,000' for `$60,000,000' and by substituting `$0'
for each subsequent amount in such paragraph; in paragraph (13), by
substituting `$212,500,000' for `$267,200,000'; in paragraph (13)(A), by
substituting `$114,000,000' for `$164,500,000'; in paragraph (13)(B), by
substituting `$0' for `$1,700,000'; and in paragraph (13)(C), by
substituting `$0' for `$3,000,000': Provided further, That 4.5 percent
of the amount provided for `Federal Emergency Management Agency--State
and Local Programs' by this Act shall be transferred to `Federal
Emergency Management Agency--Management and Administration' for program
administration.

``Sec. 196.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Federal Emergency Management Agency--
National Predisaster Mitigation Fund' at a rate for operations of
$75,364,000.
``Sec. 197.  Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Science and Technology--Research,
Development, Acquisition, and Operations' at a rate for operations of
$821,906,000.
``Sec. 198.  Sections 541 and 545 of Public Law 111-83 (123 Stat.
2176) shall have no force or effect.
``Sec. 199.  Notwithstanding section 101, amounts are provided for
`Smithsonian Institution--Legacy Fund' at a rate for operations of $0.
``Sec. 200.  Notwithstanding section 101, amounts are provided for
`Department of Labor--Employment and Training Administration--Training
and Employment Services' at a rate for operations of $3,779,641,000, of
which $340,154,000 shall be for national activities described in
paragraph (3) under such heading in division D of Public Law 111-
117: <>  Provided, That the amounts included for
national activities under such heading in division D of Public Law 111-
117 shall be applied to funds appropriated by this Act as follows: by
substituting `$44,561,000' for `$93,450,000' and by substituting `$0'
for `$48,889,000'.

``Sec. 201.  Notwithstanding section 101, amounts are provided for
`Department of Labor--Mine Safety and Health Administration--Salaries
and Expenses' at a rate for operations of
$355,843,000: <> Provided, That the amounts
included under such heading in division D of Public Law 111-117 shall be
applied to funds appropriated by this Act by substituting `$0' for
`$1,450,000'.

``Sec. 202.  Notwithstanding section 101, amounts are provided for
`Department of Labor--Departmental Management' at a rate for operations
of $314,827,000: <> Provided, That the amounts
included under such heading in division D of Public Law 111-117 shall be
applied to funds appropriated by this Act by substituting `$0' for
`$40,000,000'.

``Sec. 203.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Health Resources and Services
Administration--Health Resources and Services' at a rate for operations
of $7,076,520,000: Provided, That the eighteenth, nineteenth, and
twenty-second provisos under such heading in division D of Public Law
111-117 shall not apply to funds appropriated by this Act.
``Sec. 204.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Centers for Disease Control
and Prevention--Disease Control, Research, and

[[Page 10]]

Training' at a rate for operations of
$6,369,767,000: <>  Provided, That the amount
included before the first proviso under such heading in division D of
Public Law 111-117 shall be applied to funds appropriated by this Act by
substituting `$0' for `$20,620,000'.

``Sec. 205.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Substance Abuse and Mental
Health Services Administration--Substance Abuse and Mental Health
Services' at a rate for operations of $3,417,106,000:
Provided, <> That the amount included before the
first proviso under such heading in division D of Public Law 111-117
shall be applied to funds appropriated by this Act by substituting `$0'
for `$14,518,000'.

``Sec. 206.  Notwithstanding section 101, amounts are transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund for `Department of Health and
Human Services--Centers for Medicare and Medicaid Services--Program
Management' at a rate for operations of $3,467,142,000: Provided, That
the sixth proviso under such heading in division D of Public Law 111-117
shall not apply to funds appropriated by this Act.
``Sec. 207.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Administration for Children
and Families--Payments to States for the Child Care and Development
Block Grant' at a rate for operations of $2,126,081,000:
Provided, <> That the amount included in the first
proviso under such heading in division D of Public Law 111-117 shall be
applied to funds appropriated by this Act by substituting `$0' for
`$1,000,000'.

``Sec. 208.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Administration for Children
and Families--Children and Families Services Programs' at a rate for
operations of $9,293,747,000: Provided, That the fifteenth proviso under
such heading in division D of Public Law 111-117 shall not apply to
funds appropriated by this Act.
``Sec. 209.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Administration on Aging, Aging
Services Programs' at a rate for operations of $1,510,323,000: Provided,
That the first proviso under such heading in division D of Public Law
111-117 shall not apply to funds appropriated by this Act.
``Sec. 210.  Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Office of the Secretary--
General Departmental Management' at a rate for operations of
$491,727,000: Provided, That the seventh proviso under such heading in
division D of Public Law 111-117 shall not apply to funds appropriated
by this Act.
``Sec. 211.  Notwithstanding section 101, amounts are provided for
`Department of Education--Education for the Disadvantaged' at a rate for
operations of $15,598,212,000, of which $4,638,056,000 shall become
available on July 1, 2011, and remain available through September 30,
2012: Provided, That the tenth, eleventh and twelfth provisos under such
heading in division D of Public Law 111-117 shall not apply to funds
appropriated by this Act.
``Sec. 212.  Notwithstanding section 101, amounts are provided for
`Department of Education--School Improvement Programs' at a rate for
operations of $5,223,444,000, of which $3,358,993,000 shall become
available on July 1, 2011, and remain available

[[Page 11]]

through September 30, 2012: Provided, That of such amounts, no funds
shall be available for activities authorized under part Z of title VIII
of the Higher Education Act of 1965: Provided further, That the second,
third, and thirteenth provisos under such heading in division D of
Public Law 111-117 shall not apply to funds appropriated by this Act.
``Sec. 213.  Notwithstanding section 101, amounts are provided for
`Department of Education--Innovation and Improvement' at a rate for
operations of $1,160,480,000, of which no funds shall be available for
activities authorized under subpart 5 of part A of title II, section
1504 of the Elementary and Secondary Education Act of 1965 (`ESEA'), or
part F of title VIII of the Higher Education Act of 1965, and
$499,222,000 shall be for part D of title V of the ESEA: Provided, That
the first, fourth, and fifth provisos under such heading in division D
of Public Law 111-117 shall not apply to funds appropriated by this Act.
``Sec. 214.  Notwithstanding section 101, amounts are provided for
`Department of Education--Safe Schools and Citizenship Education' at a
rate for operations of $361,398,000, of which, notwithstanding section
2343(b) of the ESEA, $2,578,000 is for the continuation costs of awards
made on a competitive basis under section 2345 of the ESEA: Provided,
That the third proviso under such heading in division D of Public Law
111-117 shall not apply to funds appropriated by this Act.
``Sec. 215.  Notwithstanding section 101, amounts are provided for
`Department of Education--Special Education' at a rate for operations of
$12,564,953,000, of which $3,726,354,000 shall become available on July
1, 2011, and remain available through September 30, 2012: Provided, That
the first and second provisos under such heading in division D of Public
Law 111-117 shall not apply to funds appropriated by this Act.
``Sec. 216.  Notwithstanding section 101, amounts are provided for
`Department of Education--Rehabilitation Services and Disability
Research' at a rate for operations of $3,501,766,000: Provided, That the
second proviso under such heading in division D of Public Law 111-117
shall not apply to funds appropriated by this Act.
``Sec. 217.  Notwithstanding section 101, amounts are provided for
`Department of Education--Career, Technical, and Adult Education' at a
rate for operations of $1,928,447,000, of which $1,137,447,000 shall
become available on July 1, 2011, and remain available through September
30, 2012 and no funds shall be available for activities authorized under
subpart 4 of part D of title V of the ESEA: Provided, That the seventh
and eighth provisos under such heading in division D of Public Law 111-
117 shall not apply to funds appropriated by this Act.
``Sec. 218.  Notwithstanding <> sections
101 and 164, amounts are provided for `Department of Education--Student
Financial Assistance' at a rate for operations of $24,899,957,000, of
which 23,162,000,000 shall be available to carry out subpart 1 of part A
of title IV of the Higher Education Act of 1965 and no funds shall be
available for activities authorized under subpart 4 of part A of title
IV of such Act: Provided, <> That the maximum Pell Grant
for which a student shall be eligible during award year 2011-2012 shall
be $4,860.

[[Page 12]]

``Sec. 219.  Notwithstanding section 101, amounts are provided for
`Department of Education--Higher Education' at a rate for operations of
$2,126,935,000, of which no funds shall be available for activities
authorized under section 1543 of the Higher Education Amendments of 1992
or section 117 of the Carl D. Perkins Career and Technical Education Act
of 2006: Provided, That the thirteenth proviso under such heading in
division D of Public Law 111-117 shall not apply to funds appropriated
by this Act.
``Sec. 220.  Notwithstanding section 101, amounts are provided for
`Institute of Museum and Library Services--Office of Museum and Library
Services: Grants and Administration' at a rate for operations of
265,869,000: <>  Provided, That the amounts
included under such heading in division D of Public Law 111-117 shall be
applied to funds appropriated by this Act by substituting `$0' for
`$16,382,000'.

``Sec. 221.  Notwithstanding section 101, amounts are provided for
`Library of Congress--Salaries and Expenses' at a rate for operations of
$445,951,000, of which $0 shall be for the operations described in the
seventh proviso under this heading in Public Law 111-68.
``Sec. 222.  Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Highway Administration--Surface
Transportation Priorities' at a rate for operations of $0.
``Sec. 223.  Notwithstanding section 101, no funds are provided for
activities described in section 122 of title I of division A of Public
Law 111-117.
``Sec. 224.  Notwithstanding section 101, section 186 of title I of
division A of Public Law 111-117 shall not apply to funds appropriated
by this Act.
``Sec. 225.  Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Railroad Administration--Rail
Line Relocation and Improvement Program' at a rate for operations of
$10,012,800.
``Sec. 226.  Notwithstanding section 101, amounts are provided for
`Department of Housing and Urban Development--Community Planning and
Development--Community Development Fund' at a rate for operations of
$4,255,068,480, of which $0 shall be for grants for the Economic
Development Initiative (EDI), and $0 shall be for neighborhood
initiatives: Provided, That the second and third paragraphs under such
heading in title II of division A of Public Law 111-117 shall not apply
to funds appropriated by this Act.''.

[[Page 13]]

This joint resolution may be cited as the ``Further Continuing
Appropriations Amendments, 2011''.

Approved March 2, 2011.

LEGISLATIVE HISTORY--H.J. Res. 44:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 157 (2011):
Mar. 1, considered and passed House.
Mar. 2, considered and passed Senate.