PUBLIC LAW 112–10—APR. 15, 2011 

DEPARTMENT OF DEFENSE AND FULL-YEAR 

CONTINUING APPROPRIATIONS ACT, 2011 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 38 PUBLIC LAW 112–10—APR. 15, 2011 

Public Law 112–10 

112th Congress 

An Act 

Making appropriations for the Department of Defense and the other departments 

and agencies of the Government for the fiscal year ending September 30, 2011, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Department of Defense and 

Full-Year Continuing Appropriations Act, 2011’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Division A—Department of Defense Appropriations, 2011 

Division B—Full-Year Continuing Appropriations, 2011 

Division C—Scholarships for Opportunity and Results Act 

DIVISION A—DEPARTMENT OF DEFENSE 

APPROPRIATIONS, 2011 

The following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2011, for military functions administered by the 

Department of Defense and for other purposes, namely: 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $41,403,653,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

Department of 

Defense and FullYear Continuing 

Appropriations 

Act, 2011. 

Apr. 15, 2011 

[H.R. 1473] 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 39 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members 

of the Reserve provided for elsewhere), midshipmen, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $25,912,449,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except 

members of the Reserve provided for elsewhere); and for payments 

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $13,210,161,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $27,105,755,000. 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing 

duty specified in section 12310(a) of title 10, United States Code, 

or while undergoing reserve training, or while performing drills 

or equivalent duty or other duty, and expenses authorized by section 

16131 of title 10, United States Code; and for payments to the 

Department of Defense Military Retirement Fund, $4,333,165,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses 

authorized by section 16131 of title 10, United States Code; and 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 40 PUBLIC LAW 112–10—APR. 15, 2011 

for payments to the Department of Defense Military Retirement 

Fund, $1,940,191,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve 

on active duty under section 10211 of title 10, United States Code, 

or while serving on active duty under section 12301(d) of title 

10, United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty, and for members of the Marine Corps platoon leaders class, 

and expenses authorized by section 16131 of title 10, United States 

Code; and for payments to the Department of Defense Military 

Retirement Fund, $612,191,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on 

active duty under sections 10211, 10305, and 8038 of title 10, 

United States Code, or while serving on active duty under section 

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States 

Code, or while undergoing reserve training, or while performing 

drills or equivalent duty or other duty, and expenses authorized 

by section 16131 of title 10, United States Code; and for payments 

to the Department of Defense Military Retirement Fund, 

$1,650,797,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 

while on duty under section 10211, 10302, or 12402 of title 10 

or section 708 of title 32, United States Code, or while serving 

on duty under section 12301(d) of title 10 or section 502(f) of 

title 32, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or 

while undergoing training, or while performing drills or equivalent 

duty or other duty, and expenses authorized by section 16131 of 

title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $7,511,296,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under section 10211, 10305, or 12402 of title 10 or section 

708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, 

United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or 

other duty, and expenses authorized by section 16131 of title 10, 

United States Code; and for payments to the Department of Defense 

Military Retirement Fund, $3,060,098,000. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 41 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Army, as authorized by law; 

and not to exceed $12,478,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Army, and payments may be made on 

his certificate of necessity for confidential military purposes, 

$33,306,117,000. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Navy and the Marine Corps, 

as authorized by law; and not to exceed $14,804,000 can be used 

for emergencies and extraordinary expenses, to be expended on 

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential 

military purposes, $37,809,239,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Marine Corps, as authorized 

by law, $5,539,740,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Air Force, as authorized by law; 

and not to exceed $7,699,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Air Force, and payments may be made 

on his certificate of necessity for confidential military purposes, 

$36,062,989,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $30,210,810,000: Provided, That not more than 

$50,000,000 may be used for the Combatant Commander Initiative 

Fund authorized under section 166a of title 10, United States 

Code: Provided further, That not to exceed $36,000,000 can be 

used for emergencies and extraordinary expenses, to be expended 

on the approval or authority of the Secretary of Defense, and 

payments may be made on his certificate of necessity for confidential 

military purposes: Provided further, That of the funds provided 

under this heading, not less than $31,659,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 42 PUBLIC LAW 112–10—APR. 15, 2011 

for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 

none of the funds appropriated or otherwise made available by 

this Act may be used to plan or implement the consolidation of 

a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces 

into a legislative affairs or legislative liaison office: Provided further, 

That $8,251,000, to remain available until expended, is available 

only for expenses relating to certain classified activities, and may 

be transferred as necessary by the Secretary of Defense to operation 

and maintenance appropriations or research, development, test and 

evaluation appropriations, to be merged with and to be available 

for the same time period as the appropriations to which transferred: 

Provided further, That any ceiling on the investment item unit 

cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding 

proviso: Provided further, That the transfer authority provided 

under this heading is in addition to any other transfer authority 

provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,840,427,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,344,264,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Marine Corps Reserve; repair of facilities 

and equipment; hire of passenger motor vehicles; travel and 

transportation; care of the dead; recruiting; procurement of services, 

supplies, and equipment; and communications, $275,484,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Air Force Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,291,027,000. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 43 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for 

Army personnel on active duty, for Army National Guard division, 

regimental, and battalion commanders while inspecting units in 

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying 

and equipping the Army National Guard as authorized by law; 

and expenses of repair, modification, maintenance, and issue of 

supplies and equipment (including aircraft), $6,454,624,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the 

Air National Guard, including medical and hospital treatment and 

related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including 

those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on 

the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders 

while inspecting units in compliance with National Guard Bureau 

regulations when specifically authorized by the Chief, National 

Guard Bureau, $5,963,839,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States 

Court of Appeals for the Armed Forces, $14,068,000, of which not 

to exceed $5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $464,581,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Army, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to 

be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

Determinations. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 44 PUBLIC LAW 112–10—APR. 15, 2011 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $304,867,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of the Navy, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $502,653,000, to remain 

available until transferred: Provided, That the Secretary of the 

Air Force shall, upon determining that such funds are required 

for environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Air Force, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and 

to be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $10,744,000, to remain available until transferred: Provided, That the Secretary of Defense 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of 

Defense, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of Defense, to be merged with and to be available 

Determinations. 

Determinations. 

Determinations. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 45 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $316,546,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris at sites formerly 

used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available 

to the Department of the Army, to be merged with and to be 

available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting 

of the programs provided under sections 401, 402, 404, 407, 2557, 

and 2561 of title 10, United States Code), $108,032,000, to remain 

available until September 30, 2012. 

COOPERATIVE THREAT REDUCTION ACCOUNT

For assistance to the republics of the former Soviet Union 

and, with appropriate authorization by the Department of Defense 

and Department of State, to countries outside of the former Soviet 

Union, including assistance provided by contract or by grants, for 

facilitating the elimination and the safe and secure transportation 

and storage of nuclear, chemical and other weapons; for establishing 

programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs 

relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons 

components and weapons technology and expertise, and for defense 

and military contacts, $522,512,000, to remain available until September 30, 2013: Provided, That of the amounts provided under 

this heading, not less than $13,500,000 shall be available only 

to support the dismantling and disposal of nuclear submarines, 

submarine reactor components, and security enhancements for 

transport and storage of nuclear warheads in the Russian Far 

East and North. 

Determinations. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 46 PUBLIC LAW 112–10—APR. 15, 2011 

DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND

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

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $5,254,791,000, to 

remain available for obligation until September 30, 2013. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,570,108,000, to 

remain available for obligation until September 30, 2013. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For construction, procurement, production, and modification 

of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,461,086,000, to 

remain available for obligation until September 30, 2013. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 47 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,847,066,000, to 

remain available for obligation until September 30, 2013. 

OTHER PROCUREMENT, ARMY

(INCLUDING TRANSFER OF FUNDS)

For construction, procurement, production, and modification 

of vehicles, including tactical, support, and non-tracked combat 

vehicles; the purchase of passenger motor vehicles for replacement 

only; communications and electronic equipment; other support 

equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $8,145,665,000, to 

remain available for obligation until September 30, 2013: Provided, 

That of the funds made available in this paragraph, $15,000,000 

shall be made available to procure equipment, not otherwise provided for, and may be transferred to other procurement accounts 

available to the Department of the Army, and that funds so transferred shall be available for the same purposes and the same 

time period as the account to which transferred. 

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion 

of public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$16,170,868,000, to remain available for obligation until September 

30, 2013. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 48 PUBLIC LAW 112–10—APR. 15, 2011 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$3,221,957,000, to remain available for obligation until September 

30, 2013. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $790,527,000, to 

remain available for obligation until September 30, 2013. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or 

conversion of vessels as authorized by law, including armor and 

armament thereof, plant equipment, appliances, and machine tools 

and installation thereof in public and private plants; reserve plant 

and Government and contractor-owned equipment layaway; 

procurement of critical, long lead time components and designs 

for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, as follows: Carrier Replacement Program, $1,721,969,000. 

Carrier Replacement Program (AP), $908,313,000. 

NSSN, $3,430,343,000. 

NSSN (AP), $1,691,236,000. 

CVN Refueling, $1,248,999,000. 

CVN Refuelings (AP), $408,037,000. 

DDG–1000 Program, $77,512,000. 

DDG–51 Destroyer, $2,868,454,000. 

DDG–51 Destroyer (AP), $47,984,000. 

Littoral Combat Ship, $1,168,984,000. 

Littoral Combat Ship (AP), $190,351,000. 

LHA–R, $942,837,000. 

Joint High Speed Vessel, $180,703,000. 

Oceanographic Ships, $88,561,000. 

LCAC Service Life Extension Program, $83,035,000. 

Service Craft, $13,770,000. 

For outfitting, post delivery, conversions, and first destination transportation, $295,570,000. 

In all: $15,366,658,000, to remain available for obligation until 

September 30, 2015: Provided, That additional obligations may 

be incurred after September 30, 2015, for engineering services, 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 49 

tests, evaluations, and other such budgeted work that must be 

performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards 

in the United States shall be expended in foreign facilities for 

the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall 

be used for the construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

(INCLUDING TRANSFER OF FUNDS)

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for 

replacement only, and the purchase of seven vehicles required for 

physical security of personnel, notwithstanding price limitations 

applicable to passenger vehicles but not to exceed $250,000 per 

vehicle; expansion of public and private plants, including the land 

necessary therefor, and such lands and interests therein, may be 

acquired, and construction prosecuted thereon prior to approval 

of title; and procurement and installation of equipment, appliances, 

and machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$5,804,963,000, to remain available for obligation until September 

30, 2013: Provided, That of the funds made available in this paragraph, $15,000,000 shall be made available to procure equipment, 

not otherwise provided for, and may be transferred to other procurement accounts available to the Department of the Navy, and that 

funds so transferred shall be available for the same purposes and 

the same time period as the account to which transferred. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment 

layaway; vehicles for the Marine Corps, including the purchase 

of passenger motor vehicles for replacement only; and expansion 

of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, 

$1,236,436,000, to remain available for obligation until September 

30, 2013. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories 

therefor; specialized equipment; expansion of public and private 

plants, Government-owned equipment and installation thereof in 

such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

Vessels. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 50 PUBLIC LAW 112–10—APR. 15, 2011 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $13,483,739,000, 

to remain available for obligation until September 30, 2013: Provided, That none of the funds provided in this Act for modification 

of C–17 aircraft, Global Hawk Unmanned Aerial Vehicle and F– 

22 aircraft may be obligated until all C–17, Global Hawk and 

F–22 contracts funded with prior year ‘‘Aircraft Procurement, Air 

Force’’ appropriated funds are definitized unless the Secretary of 

the Air Force certifies in writing to the congressional defense 

committees that each such obligation is necessary to meet the 

needs of a warfighting requirement or prevents increased costs 

to the taxpayer, and provides the reasons for failing to definitize 

the prior year contracts along with the prospective contract 

definitization schedule: Provided further, That the Secretary of the 

Air Force shall expand the current HH–60 Operational Loss 

Replacement program to meet the approved HH–60 Recapitalization 

program requirements. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

devices; expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes including rents and 

transportation of things, $5,424,764,000, to remain available for 

obligation until September 30, 2013. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $731,487,000, to 

remain available for obligation until September 30, 2013. 

OTHER PROCUREMENT, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of 

Certification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 51 

passenger motor vehicles for replacement only, and the purchase 

of two vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not 

to exceed $250,000 per vehicle; lease of passenger motor vehicles; 

and expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon, prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway, 

$17,568,091,000, to remain available for obligation until September 

30, 2013: Provided, That of the funds made available in this paragraph, $15,000,000 shall be made available to procure equipment, 

not otherwise provided for, and may be transferred to other procurement accounts available to the Department of the Air Force, and 

that funds so transferred shall be available for the same purposes 

and the same time period as the account to which transferred. 

PROCUREMENT, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of 

Defense (other than the military departments) necessary for 

procurement, production, and modification of equipment, supplies, 

materials, and spare parts therefor, not otherwise provided for; 

the purchase of passenger motor vehicles for replacement only; 

expansion of public and private plants, equipment, and installation 

thereof in such plants, erection of structures, and acquisition of 

land for the foregoing purposes, and such lands and interests 

therein, may be acquired, and construction prosecuted thereon prior 

to approval of title; reserve plant and Government and contractorowned equipment layaway, $4,009,321,000, to remain available for 

obligation until September 30, 2013: Provided, That of the funds 

made available in this paragraph, $15,000,000 shall be made available to procure equipment, not otherwise provided for, and may 

be transferred to other procurement accounts available to the 

Department of Defense, and that funds so transferred shall be 

available for the same purposes and the same time period as the 

account to which transferred. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $34,346,000, 

to remain available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 52 PUBLIC LAW 112–10—APR. 15, 2011 

$9,710,998,000, to remain available for obligation until September 

30, 2012. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$17,736,303,000, to remain available for obligation until September 

30, 2012: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique 

operational requirements of the Special Operations Forces: Provided 

further, That funds appropriated in this paragraph shall be available for the Cobra Judy program. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$26,517,405,000, to remain available for obligation until September 

30, 2012. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments), necessary for basic 

and applied scientific research, development, test and evaluation; 

advanced research projects as may be designated and determined 

by the Secretary of Defense, pursuant to law; maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$20,797,412,000, to remain available for obligation until September 

30, 2012: Provided, That of the funds made available in this paragraph, $3,200,000 shall only be available for program management 

and oversight of innovative research and development. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in 

connection therewith, $194,910,000, to remain available for obligation until September 30, 2012. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

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

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and 

activities, and for expenses of the National Defense Reserve Fleet, 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 53 

as established by section 11 of the Merchant Ship Sales Act of 

1946 (50 U.S.C. App. 1744), and for the necessary expenses to 

maintain and preserve a U.S.-flag merchant fleet to serve the 

national security needs of the United States, $1,474,866,000, to 

remain available until expended: Provided, That none of the funds 

provided in this paragraph shall be used to award a new contract 

that provides for the acquisition of any of the following major 

components unless such components are manufactured in the 

United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction 

gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option 

in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new 

contract: Provided further, That the Secretary of the military department responsible for such procurement may waive the restrictions 

in the first proviso on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by 

law, $31,382,198,000; of which $29,671,764,000 shall be for operation and maintenance, of which not to exceed 1 percent shall 

remain available until September 30, 2012, and of which up to 

$16,212,121,000 may be available for contracts entered into under 

the TRICARE program; of which $534,921,000, to remain available 

for obligation until September 30, 2013, shall be for procurement; 

and of which $1,175,513,000, to remain available for obligation 

until September 30, 2012, shall be for research, development, test 

and evaluation: Provided, That, notwithstanding any other provision 

of law, of the amount made available under this heading for 

research, development, test and evaluation, not less than 

$10,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, 

exercises, and humanitarian assistance activities conducted primarily in African nations. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

destruction of the United States stockpile of lethal chemical agents 

and munitions, to include construction of facilities, in accordance 

with the provisions of section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction 

of other chemical warfare materials that are not in the chemical 

weapon stockpile, $1,467,307,000, of which $1,067,364,000 shall 

be for operation and maintenance, of which no less than 

$111,178,000, shall be for the Chemical Stockpile Emergency 

Waiver authority. 

Certification. 

Contracts. 

Contracts. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 54 PUBLIC LAW 112–10—APR. 15, 2011 

Preparedness Program, consisting of $35,130,000 for activities on 

military installations and $76,048,000, to remain available until 

September 30, 2012, to assist State and local governments; 

$7,132,000 shall be for procurement, to remain available until September 30, 2013; and $392,811,000, to remain available until September 30, 2012, shall be for research, development, test and evaluation, of which $385,868,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the 

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United 

States Code; for operation and maintenance; for procurement; and 

for research, development, test and evaluation, $1,156,957,000: Provided, That the funds appropriated under this heading shall be 

available for obligation for the same time period and for the same 

purpose as the appropriation to which transferred: Provided further, 

That upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority contained 

elsewhere in this Act. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act 

of 1978, as amended, $306,794,000, of which $305,794,000 shall 

be for operation and maintenance, of which not to exceed $700,000 

is available for emergencies and extraordinary expenses to be 

expended on the approval or authority of the Inspector General, 

and payments may be made on the Inspector General’s certificate 

of necessity for confidential military purposes; and of which 

$1,000,000, to remain available until September 30, 2013, shall 

be for procurement. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement 

and Disability System Fund, to maintain the proper funding level 

for continuing the operation of the Central Intelligence Agency 

Retirement and Disability System, $292,000,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

Determination. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 55 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes not authorized by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law 

prohibiting the payment of compensation to, or employment of, 

any person not a citizen of the United States shall not apply 

to personnel of the Department of Defense: Provided, That salary 

increases granted to direct and indirect hire foreign national 

employees of the Department of Defense funded by this Act shall 

not be at a rate in excess of the percentage increase authorized 

by law for civilian employees of the Department of Defense whose 

pay is computed under the provisions of section 5332 of title 5, 

United States Code, or at a rate in excess of the percentage increase 

provided by the appropriate host nation to its own employees, 

whichever is higher: Provided further, That, in the case of a host 

nation that does not provide salary increases on an annual basis, 

any increase granted by that nation shall be annualized for the 

purpose of applying the preceding proviso: Provided further, That 

this section shall not apply to Department of Defense foreign service 

national employees serving at United States diplomatic missions 

whose pay is set by the Department of State under the Foreign 

Service Act of 1980: Provided further, That the limitations of this 

provision shall not apply to foreign national employees of the 

Department of Defense in the Republic of Turkey. 

SEC. 8003. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year, unless expressly so provided herein. 

SEC. 8004. No more than 20 percent of the appropriations 

in this Act which are limited for obligation during the current 

fiscal year shall be obligated during the last 2 months of the 

fiscal year: Provided, That this section shall not apply to obligations 

for support of active duty training of reserve components or summer 

camp training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense 

that such action is necessary in the national interest, he may, 

with the approval of the Office of Management and Budget, transfer 

not to exceed $4,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) 

between such appropriations or funds or any subdivision thereof, 

to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided, That such authority to transfer may 

not be used unless for higher priority items, based on unforeseen 

military requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers 

made pursuant to this authority or any other authority in this 

Act: Provided further, That no part of the funds in this Act shall 

be available to prepare or present a request to the Committees 

Reprogramming 

request. 

Notification. 

Determination. 

Turkey. 

Pay rates. 

Foreign 

nationals. 

10 USC 1584 

note. 

Publicity. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 56 PUBLIC LAW 112–10—APR. 15, 2011 

on Appropriations for reprogramming of funds, unless for higher 

priority items, based on unforeseen military requirements, than 

those for which originally appropriated and in no case where the 

item for which reprogramming is requested has been denied by 

the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

shall be made prior to June 30, 2011: Provided further, That transfers among military personnel appropriations shall not be taken 

into account for purposes of the limitation on the amount of funds 

that may be transferred under this section. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments 

to budget activities corresponding to such programs, projects, and 

activities) contained in the tables titled ‘‘Explanation of Project 

Level Adjustments’’ in the explanatory statement regarding this 

Act, the obligation and expenditure of amounts appropriated or 

otherwise made available in this Act for those programs, projects, 

and activities for which the amounts appropriated exceed the 

amounts requested are hereby required by law to be carried out 

in the manner provided by such tables to the same extent as 

if the tables were included in the text of this Act. 

(b) Amounts specified in the referenced tables described in 

subsection (a) shall not be treated as subdivisions of appropriations 

for purposes of section 8005 of this Act: Provided, That section 

8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this 

Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application 

of reprogramming and transfer authorities for fiscal year 2011: 

Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both 

by budget activity and program, project, and activity as detailed 

in the Budget Appendix; and 

(3) an identification of items of special congressional 

interest. 

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that 

such reprogramming or transfer is necessary as an emergency 

requirement. 

(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established 

pursuant to section 2208 of title 10, United States Code, may 

be maintained in only such amounts as are necessary at any time 

for cash disbursements to be made from such funds: Provided, 

That transfers may be made between such funds: Provided further, 

That transfers may be made between working capital funds and 

Notification. 

Certification. 

Deadline. 

Reports. 

Applicability. 

Reprogramming 

request. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 57 

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 

the ‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer. Except in 

amounts equal to the amounts appropriated to working capital 

funds in this Act, no obligations may be made against a working 

capital fund to procure or increase the value of war reserve material 

inventory, unless the Secretary of Defense has notified the Congress 

prior to any such obligation. 

SEC. 8009. Funds appropriated by this Act may not be used 

to initiate a special access program without prior notification 30 

calendar days in advance to the congressional defense committees. 

SEC. 8010. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one 

year of the contract or that includes an unfunded contingent liability 

in excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, 

unless the congressional defense committees have been notified 

at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act 

shall be available to initiate a multiyear contract for which the 

economic order quantity advance procurement is not funded at 

least to the limits of the Government’s liability: Provided further, 

That no part of any appropriation contained in this Act shall 

be available to initiate multiyear procurement contracts for any 

systems or component thereof if the value of the multiyear contract 

would exceed $500,000,000 unless specifically provided in this Act: 

Provided further, That no multiyear procurement contract can be 

terminated without 10-day prior notification to the congressional 

defense committees: Provided further, That the execution of 

multiyear authority shall require the use of a present value analysis 

to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may 

be used for a multiyear contract executed after the date of the 

enactment of this Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress 

a budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement 

of aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested 

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full 

funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered 

under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

Budget request. 

Contracts. 

Notification. 

Deadline. 

10 USC 2306b 

note. 

Notification. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 58 PUBLIC LAW 112–10—APR. 15, 2011 

Funds appropriated in title III of this Act may be used for 

a multiyear procurement contract as follows: 

Navy MH–60R/S Helicopter Systems. 

SEC. 8011. Within the funds appropriated for the operation 

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, 

for humanitarian and civic assistance costs under chapter 20 of 

title 10, United States Code. Such funds may also be obligated 

for humanitarian and civic assistance costs incidental to authorized 

operations and pursuant to authority granted in section 401 of 

chapter 20 of title 10, United States Code, and these obligations 

shall be reported as required by section 401(d) of title 10, United 

States Code: Provided, That funds available for operation and 

maintenance shall be available for providing humanitarian and 

similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized 

by Public Law 99–239: Provided further, That upon a determination 

by the Secretary of the Army that such action is beneficial for 

graduate medical education programs conducted at Army medical 

facilities located in Hawaii, the Secretary of the Army may authorize 

the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian 

patients from American Samoa, the Commonwealth of the Northern 

Mariana Islands, the Marshall Islands, the Federated States of 

Micronesia, Palau, and Guam. 

SEC. 8012. (a) During fiscal year 2011, the civilian personnel 

of the Department of Defense may not be managed on the basis 

of any end-strength, and the management of such personnel during 

that fiscal year shall not be subject to any constraint or limitation 

(known as an end-strength) on the number of such personnel who 

may be employed on the last day of such fiscal year. 

(b) The fiscal year 2012 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2012 Department of Defense budget 

request shall be prepared and submitted to the Congress as if 

subsections (a) and (b) of this provision were effective with regard 

to fiscal year 2012. 

(c) Nothing in this section shall be construed to apply to military 

(civilian) technicians. 

SEC. 8013. None of the funds made available by this Act shall 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

the Congress. 

SEC. 8014. None of the funds appropriated by this Act shall 

be available for the basic pay and allowances of any member of 

the Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department 

of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment: 

Provided, That this section shall not apply to those members who 

have reenlisted with this option prior to October 1, 1987: Provided 

further, That this section applies only to active components of 

the Army. 

SEC. 8015. (a) None of the funds appropriated by this Act 

shall be available to convert to contractor performance an activity 

or function of the Department of Defense that, on or after the 

Contracts. 

Outsourcing. 

Applicability. 

Lobbying. 

Budget request. 

Effective date. 

Determination. 

Hawaii. 

Territories. 

Micronesia. 

Humanitarian 

assistance. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 59 

date of the enactment of this Act, is performed by Department 

of Defense civilian employees unless— 

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective 

organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or 

exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or 

(B) $10,000,000; and 

(3) the contractor does not receive an advantage for a 

proposal that would reduce costs for the Department of Defense 

by— 

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed 

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 

89 of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 

of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have 

full authority to enter into a contract for the performance of any 

commercial or industrial type function of the Department of Defense 

that— 

(A) is included on the procurement list established 

pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code); 

(B) is planned to be converted to performance by a 

qualified nonprofit agency for the blind or by a qualified 

nonprofit agency for other severely handicapped individuals 

in accordance with that Act; or 

(C) is planned to be converted to performance by a 

qualified firm under at least 51 percent ownership by an 

Indian tribe, as defined in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

450b(e)), or a Native Hawaiian Organization, as defined 

in section 8(a)(15) of the Small Business Act (15 U.S.C. 

637(a)(15)). 

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 

2474 of title 10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or 

policy and is deemed to be awarded under the authority of, and 

Contracts. 

Determination. 

Organization 

plan. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 60 PUBLIC LAW 112–10—APR. 15, 2011 

in compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities. 

(TRANSFER OF FUNDS)

SEC. 8016. Funds appropriated in title III of this Act for the 

Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for 

the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the 

National Defense Authorization Act for Fiscal Year 1991 (Public 

Law 101–510; 10 U.S.C. 2302 note), as amended, under the 

authority of this provision or any other transfer authority contained 

in this Act: Provided, That subsection (j) of section 831 of the 

National Defense Authorization Act for Fiscal Year 1991 is amended 

by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

2011’’, and by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 2014’’. 

SEC. 8017. None of the funds in this Act may be available 

for the purchase by the Department of Defense (and its departments 

and agencies) of welded shipboard anchor and mooring chain 4 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which 

are substantially manufactured in the United States: Provided, 

That for the purpose of this section, the term ‘‘manufactured’’ shall 

include cutting, heat treating, quality control, testing of chain and 

welding (including the forging and shot blasting process): Provided 

further, That for the purpose of this section substantially all of 

the components of anchor and mooring chain shall be considered 

to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United 

States exceeds the aggregate cost of the components produced or 

manufactured outside the United States: Provided further, That 

when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary 

of the service responsible for the procurement may waive this 

restriction on a case-by-case basis by certifying in writing to the 

Committees on Appropriations that such an acquisition must be 

made in order to acquire capability for national security purposes. 

SEC. 8018. None of the funds available to the Department 

of Defense may be used to demilitarize or dispose of M–1 Carbines, 

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 

or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited 

from commercial sale under Federal law, unless the small arms 

ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for 

further use. 

SEC. 8019. No more than $500,000 of the funds appropriated 

or made available in this Act shall be used during a single fiscal 

year for any single relocation of an organization, unit, activity 

or function of the Department of Defense into or within the National 

Capital Region: Provided, That the Secretary of Defense may waive 

this restriction on a case-by-case basis by certifying in writing 

to the congressional defense committees that such a relocation 

is required in the best interest of the Government. 

Waiver authority. 

Certification. 

Arms and 

munitions. 

Certification. 

Waiver authority. 

Certification. 

Vessels. 

10 USC 2301 

note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 61 

SEC. 8020. In addition to the funds provided elsewhere in this Act, $15,000,000 is appropriated only for incentive payments 

authorized by section 504 of the Indian Financing Act of 1974 

(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United 

States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, 

United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 

of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 

the prime contract or subcontract amount is over $500,000 and 

involves the expenditure of funds appropriated by an Act making 

Appropriations for the Department of Defense with respect to any 

fiscal year: Provided further, That notwithstanding section 430 of 

title 41, United States Code, this section shall be applicable to 

any Department of Defense acquisition of supplies or services, 

including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or 

in part by any subcontractor or supplier defined in section 1544 

of title 25, United States Code, or a small business owned and 

controlled by an individual or individuals defined under section 

4221(9) of title 25, United States Code. 

SEC. 8021. Funds appropriated by this Act for the Defense 

Media Activity shall not be used for any national or international 

political or psychological activities. 

SEC. 8022. During the current fiscal year, the Department 

of Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, 

That upon receipt, such contributions from the Government of 

Kuwait shall be credited to the appropriations or fund which 

incurred such obligations. 

SEC. 8023. (a) Of the funds made available in this Act, not 

less than $30,374,000 shall be available for the Civil Air Patrol 

Corporation, of which— 

(1) $27,048,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counterdrug activities, 

and drug demand reduction activities involving youth programs; 

(2) $2,424,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $902,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8024. (a) None of the funds appropriated in this Act 

are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), 

either as a new entity, or as a separate entity administrated by 

an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs 

and other nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, 

Advisory Group, Special Issues Panel, Visiting Committee, or any 

Kuwait. 

Political 

activities. 

Applicability. 

Contracts. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 62 PUBLIC LAW 112–10—APR. 15, 2011 

similar entity of a defense FFRDC, and no paid consultant to 

any defense FFRDC, except when acting in a technical advisory 

capacity, may be compensated for his or her services as a member 

of such entity, or as a paid consultant by more than one FFRDC 

in a fiscal year: Provided, That a member of any such entity 

referred to previously in this subsection shall be allowed travel 

expenses and per diem as authorized under the Federal Joint Travel 

Regulations, when engaged in the performance of membership 

duties. 

(c) Notwithstanding any other provision of law, none of the 

funds available to the department from any source during fiscal 

year 2011 may be used by a defense FFRDC, through a fee or 

other payment mechanism, for construction of new buildings, for 

payment of cost sharing for projects funded by Government grants, 

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community 

service and/or development. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2011, not more 

than 5,750 staff years of technical effort (staff years) may be funded 

for defense FFRDCs: Provided, That of the specific amount referred 

to previously in this subsection, not more than 1,125 staff years 

may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years 

funded in the National Intelligence Program (NIP) and the Military 

Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of 

the department’s fiscal year 2012 budget request, submit a report 

presenting the specific amounts of staff years of technical effort 

to be allocated for each defense FFRDC during that fiscal year 

and the associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced 

by $125,000,000. 

SEC. 8025. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted 

and rolled in the United States or Canada: Provided, That these 

procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) 

or American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary 

of the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes: Provided further, 

That these restrictions shall not apply to contracts which are in 

being as of the date of the enactment of this Act. 

SEC. 8026. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Definition. 

Waiver authority. 

Certification. 

Applicability. 

Contracts. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 63 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8027. During the current fiscal year, the Department 

of Defense may acquire the modification, depot maintenance and 

repair of aircraft, vehicles and vessels as well as the production 

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities 

and private firms: Provided, That the Senior Acquisition Executive 

of the military department or Defense Agency concerned, with power 

of delegation, shall certify that successful bids include comparable 

estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget 

Circular A–76 shall not apply to competitions conducted under 

this section. 

SEC. 8028. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States 

that are covered by the agreement, the Secretary of Defense shall 

rescind the Secretary’s blanket waiver of the Buy American Act 

with respect to such types of products produced in that foreign 

country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary 

of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress 

a report on the amount of Department of Defense purchases from 

foreign entities in fiscal year 2011. Such report shall separately 

indicate the dollar value of items for which the Buy American 

Act was waived pursuant to any agreement described in subsection 

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 

or any international agreement to which the United States is a 

party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

SEC. 8029. During the current fiscal year, amounts contained 

in the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments 

specified by section 2921(c)(2) of that Act. 

SEC. 8030. (a) Notwithstanding any other provision of law, 

the Secretary of the Air Force may convey at no cost to the Air 

Force, without consideration, to Indian tribes located in the States 

of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 

Minnesota, and Washington relocatable military housing units 

located at Grand Forks Air Force Base, Malmstrom Air Force Base, 

Mountain Home Air Force Base, Ellsworth Air Force Base, and 

Minot Air Force Base that are excess to the needs of the Air 

Force. 

(b) The Secretary of the Air Force shall convey, at no cost 

to the Air Force, military housing units under subsection (a) in 

accordance with the request for such units that are submitted 

Native 

Americans. 

State listing. 

Housing. 

Definition. 

Reports. 

Memorandum. 

Determination. 

Contracts. 

Rescission. 

41 USC 8304 

note. 

Certification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 64 PUBLIC LAW 112–10—APR. 15, 2011 

to the Secretary by the Operation Walking Shield Program on 

behalf of Indian tribes located in the States of Nevada, Idaho, 

North Dakota, South Dakota, Montana, Oregon, Minnesota, and 

Washington. Any such conveyance shall be subject to the condition 

that the housing units shall be removed within a reasonable period 

of time, as determined by the Secretary. 

(c) The Operation Walking Shield Program shall resolve any 

conflicts among requests of Indian tribes for housing units under 

subsection (a) before submitting requests to the Secretary of the 

Air Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized 

Indian tribe included on the current list published by the Secretary 

of the Interior under section 104 of the Federally Recognized Indian 

Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 

479a–1). 

SEC. 8031. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and 

maintenance may be used to purchase items having an investment 

item unit cost of not more than $250,000. 

SEC. 8032. (a) During the current fiscal year, none of the 

appropriations or funds available to the Department of Defense 

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for 

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense 

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during 

fiscal year 1994 and if the purchase of such an investment item 

would be chargeable during the current fiscal year to appropriations 

made to the Department of Defense for procurement. 

(b) The fiscal year 2012 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2012 Department of Defense budget 

shall be prepared and submitted to the Congress on the basis 

that any equipment which was classified as an end item and funded 

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2012 procurement appropriation 

and not in the supply management business area or any other 

area or category of the Department of Defense Working Capital 

Funds. 

SEC. 8033. None of the funds appropriated by this Act for 

programs of the Central Intelligence Agency shall remain available 

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2012: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior 

or subsequent fiscal year shall remain available until expended: 

Provided further, That any funds appropriated or transferred to 

the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National 

Security Act of 1947, as amended, shall remain available until 

September 30, 2012. 

SEC. 8034. Notwithstanding any other provision of law, funds 

made available in this Act for the Defense Intelligence Agency 

50 USC 403u 

note. 

Budget request. 

Definition. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 65 

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and 

intelligence information systems for the Services, the Unified and 

Specified Commands, and the component commands. 

SEC. 8035. Of the funds appropriated to the Department of 

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only 

for the mitigation of environmental impacts, including training 

and technical assistance to tribes, related administrative support, 

the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and 

cost to complete estimates for mitigation, on Indian lands resulting 

from Department of Defense activities. 

SEC. 8036. (a) None of the funds appropriated in this Act 

may be expended by an entity of the Department of Defense unless 

the entity, in expending the funds, complies with the Buy American 

Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made 

in America’’ inscription to any product sold in or shipped to the 

United States that is not made in America, the Secretary shall 

determine, in accordance with section 2410f of title 10, United 

States Code, whether the person should be debarred from contracting with the Department of Defense. 

(c) In the case of any equipment or products purchased with 

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending 

the appropriation, purchase only American-made equipment and 

products, provided that American-made equipment and products 

are cost-competitive, quality competitive, and available in a timely 

fashion. 

SEC. 8037. None of the funds appropriated by this Act shall 

be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited 

proposal unless the head of the activity responsible for the procurement determines— 

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that 

is in development or production, or contracts as to which a 

civilian official of the Department of Defense, who has been 

confirmed by the Senate, determines that the award of such 

contract is in the interest of the national defense. 

SEC. 8038. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used— 

(1) to establish a field operating agency; or 

Determination. 

Contracts. 

Determination. 

Determination. 

Labeling. 

Fraud. 

Debarment. 

Definition. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 66 PUBLIC LAW 112–10—APR. 15, 2011 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or 

reassigned from a headquarters activity if the member or 

employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate 

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National 

Intelligence Program; 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats; or 

(3) an Army field operating agency established to improve 

the effectiveness and efficiencies of biometric activities and 

to integrate common biometric technologies throughout the 

Department of Defense. 

SEC. 8039. The Secretary of Defense, notwithstanding any other 

provision of law, acting through the Office of Economic Adjustment 

of the Department of Defense, may use funds made available in 

this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ to make grants and supplement other Federal funds in 

accordance with the guidance provided in the explanatory statement 

regarding this Act. 

(RESCISSIONS)

SEC. 8040. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

‘‘Procurement of Weapons and Tracked Combat Vehicles, 

Army, 2009/2011’’, $86,300,000. 

‘‘Other Procurement, Army, 2009/2011’’, $147,600,000. 

‘‘Aircraft Procurement, Navy, 2009/2011’’, $26,100,000. 

‘‘Aircraft Procurement, Air Force, 2009/2011’’, 

$387,700,000. 

‘‘Aircraft Procurement, Army, 2010/2012’’, $14,000,000. 

‘‘Procurement of Weapons and Tracked Combat Vehicles, 

Army, 2010/2012’’, $36,000,000. 

‘‘Missile Procurement, Army, 2010/2012’’, $9,171,000. 

‘‘Aircraft Procurement, Navy, 2010/2012’’, $464,847,000. 

‘‘Procurement of Ammunition, Navy and Marine Corps, 

2010/2012’’, $11,576,000. 

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 

2010/2014’’: DDG–51 Destroyer, $22,000,000. 

‘‘Other Procurement, Navy, 2010/2012’’, $9,042,000. 

‘‘Aircraft Procurement, Air Force, 2010/2012’’, 

$340,600,000. 

‘‘Other Procurement, Air Force, 2010/2012’’, $36,600,000. 

‘‘Research, Development, Test and Evaluation, Army, 2010/ 

2011’’, $163,400,000. 

Grants. 

Waiver authority. 

Determination. 

Certification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 67 

‘‘Research, Development, Test and Evaluation, Air Force, 

2010/2011’’, $198,600,000. 

‘‘Other Procurement, Army, 2010/2012’’, $50,000,000. 

‘‘Research, Development, Test and Evaluation, DefenseWide, 2010/2011’’, $10,000,000. 

SEC. 8041. None of the funds available in this Act may be 

used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, Air National Guard, Army 

Reserve and Air Force Reserve for the purpose of applying any 

administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are 

a direct result of a reduction in military force structure. 

SEC. 8042. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically 

appropriated for that purpose. 

SEC. 8043. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence 

or counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and 

National Guard personnel and training procedures. 

SEC. 8044. During the current fiscal year, none of the funds 

appropriated in this Act may be used to reduce the civilian medical 

and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service 

Surgeons General may waive this section by certifying to the 

congressional defense committees that the beneficiary population 

is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and 

capitation-based budgeting. 

SEC. 8045. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or 

agency of the United States except as specifically provided in an 

appropriations law. 

(b) None of the funds available to the Central Intelligence 

Agency for any fiscal year for drug interdiction and counter-drug 

activities may be transferred to any other department or agency 

of the United States except as specifically provided in an appropriations law. 

SEC. 8046. None of the funds appropriated by this Act may 

be used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

Waiver authority. 

Certification. 

Ball and roller 

bearings. 

50 USC 403f 

note. 

Drugs and drug 

abuse. 

10 USC 374 note. 

Waiver authority. 

Certification. 

North Korea. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 68 PUBLIC LAW 112–10—APR. 15, 2011 

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to 

the purchase of ‘‘commercial items’’, as defined by section 4(12) 

of the Office of Federal Procurement Policy Act, except that the 

restriction shall apply to ball or roller bearings purchased as end 

items. 

SEC. 8047. None of the funds in this Act may be used to 

purchase any supercomputer which is not manufactured in the 

United States, unless the Secretary of Defense certifies to the 

congressional defense committees that such an acquisition must 

be made in order to acquire capability for national security purposes 

that is not available from United States manufacturers. 

SEC. 8048. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of the Department of Defense who approves or implements the 

transfer of administrative responsibilities or budgetary resources 

of any program, project, or activity financed by this Act to the 

jurisdiction of another Federal agency not financed by this Act 

without the express authorization of Congress: Provided, That this 

limitation shall not apply to transfers of funds expressly provided 

for in Defense Appropriations Acts, or provisions of Acts providing 

supplemental appropriations for the Department of Defense. 

SEC. 8049. (a) Notwithstanding any other provision of law, 

none of the funds available to the Department of Defense for the 

current fiscal year may be obligated or expended to transfer to 

another nation or an international organization any defense articles 

or services (other than intelligence services) for use in the activities 

described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are 

notified 15 days in advance of such transfer. 

(b) This section applies to— 

(1) any international peacekeeping or peace-enforcement 

operation under the authority of chapter VI or chapter VII 

of the United Nations Charter under the authority of a United 

Nations Security Council resolution; and 

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. 

(c) A notice under subsection (a) shall include the following: 

(1) A description of the equipment, supplies, or services 

to be transferred. 

(2) A statement of the value of the equipment, supplies, 

or services to be transferred. 

(3) In the case of a proposed transfer of equipment or 

supplies— 

(A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

(B) a statement of whether the items proposed to be 

transferred will have to be replaced and, if so, how the 

President proposes to provide funds for such replacement. 

SEC. 8050. None of the funds available to the Department 

of Defense under this Act shall be obligated or expended to pay 

a contractor under a contract with the Department of Defense 

for costs of any amount paid by the contractor to an employee 

when— 

Contracts. 

Applicability. 

Deadline. 

Notification. 

Salaries. 

Certification. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 69 

(1) such costs are for a bonus or otherwise in excess of 

the normal salary paid by the contractor to the employee; 

and 

(2) such bonus is part of restructuring costs associated 

with a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8051. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 

to appropriations available for the pay of military personnel, to 

be merged with, and to be available for the same time period 

as the appropriations to which transferred, to be used in support 

of such personnel in connection with support and services for eligible 

organizations and activities outside the Department of Defense 

pursuant to section 2012 of title 10, United States Code. 

SEC. 8052. During the current fiscal year, in the case of an 

appropriation account of the Department of Defense for which the 

period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States 

Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be 

charged to any current appropriation account for the same purpose 

as the expired or closed account if— 

(1) the obligation would have been properly chargeable 

(except as to amount) to the expired or closed account before 

the end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of 

Defense; and 

(3) in the case of an expired account, the obligation is 

not chargeable to a current appropriation of the Department 

of Defense under the provisions of section 1405(b)(8) of the 

National Defense Authorization Act for Fiscal Year 1991, Public 

Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 

That in the case of an expired account, if subsequent review 

or investigation discloses that there was not in fact a negative 

unliquidated or unexpended balance in the account, any charge 

to a current account under the authority of this section shall 

be reversed and recorded against the expired account: Provided 

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 

1 percent of the total appropriation for that account. 

SEC. 8053. (a) Notwithstanding any other provision of law, 

the Chief of the National Guard Bureau may permit the use of 

equipment of the National Guard Distance Learning Project by 

any person or entity on a space-available, reimbursable basis. The 

Chief of the National Guard Bureau shall establish the amount 

of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited 

to funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of 

equipment of the project under that subsection. Such funds shall 

be available for such purposes without fiscal year limitation. 

Reimbursement. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 70 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 8054. Using funds made available by this Act or any 

other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal 

Republic of Germany: Provided, That in the City of Kaiserslautern 

and at the Rhine Ordnance Barracks area, such agreements will 

include the use of United States anthracite as the base load energy 

for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical 

Center and Ramstein Air Base, furnished heat may be obtained 

from private, regional or municipal services, if provisions are 

included for the consideration of United States coal as an energy 

source. 

SEC. 8055. None of the funds appropriated in title IV of this 

Act may be used to procure end-items for delivery to military 

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items 

used in development, prototyping, and test activities preceding and 

leading to acceptance for operational use: Provided further, That 

this restriction does not apply to programs funded within the 

National Intelligence Program: Provided further, That the Secretary 

of Defense may waive this restriction on a case-by-case basis by 

certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 

SEC. 8056. None of the funds made available in this Act may 

be used to approve or license the sale of the F–22A advanced 

tactical fighter to any foreign government: Provided, That the 

Department of Defense may conduct or participate in studies, 

research, design and other activities to define and develop a future 

export version of the F–22A that protects classified and sensitive 

information, technologies and U.S. warfighting capabilities. 

SEC. 8057. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation 

on the procurement of defense items from foreign sources provided 

in law if the Secretary determines that the application of the 

limitation with respect to that country would invalidate cooperative 

programs entered into between the Department of Defense and 

the foreign country, or would invalidate reciprocal trade agreements 

for the procurement of defense items entered into under section 

2531 of title 10, United States Code, and the country does not 

discriminate against the same or similar defense items produced 

in the United States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after 

the date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before 

such date if the option prices are adjusted for any reason 

other than the application of a waiver granted under subsection 

(a). 

(c) Subsection (a) does not apply to a limitation regarding 

construction of public vessels, ball and roller bearings, food, and 

clothing or textile materials as defined by section 11 (chapters 

50–65) of the Harmonized Tariff Schedule and products classified 

under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 

Applicability. 

Contracts. 

Waiver authority. 

Certification. 

Anthracite. 

Germany. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 71 

7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

SEC. 8058. (a) None of the funds made available by this Act 

may be used to support any training program involving a unit 

of the security forces or police of a foreign country if the Secretary 

of Defense has received credible information from the Department 

of State that the unit has committed a gross violation of human 

rights, unless all necessary corrective steps have been taken. 

(b) The Secretary of Defense, in consultation with the Secretary 

of State, shall ensure that prior to a decision to conduct any training 

program referred to in subsection (a), full consideration is given 

to all credible information available to the Department of State 

relating to human rights violations by foreign security forces. 

(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if 

he determines that such waiver is required by extraordinary circumstances. 

(d) Not more than 15 days after the exercise of any waiver 

under subsection (c), the Secretary of Defense shall submit a report 

to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

program, the United States forces and the foreign security forces 

involved in the training program, and the information relating 

to human rights violations that necessitates the waiver. 

SEC. 8059. None of the funds appropriated or made available 

in this Act to the Department of the Navy shall be used to develop, 

lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United 

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case 

basis by certifying in writing to the Committees on Appropriations 

of the House of Representatives and the Senate that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes 

or there exists a significant cost or quality difference. 

SEC. 8060. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing 

repairs or maintenance to military family housing units of the 

Department of Defense, including areas in such military family 

housing units that may be used for the purpose of conducting 

official Department of Defense business. 

SEC. 8061. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 30 days after a report, 

including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has 

been provided in writing to the congressional defense committees: 

Provided, That the Secretary of Defense may waive this restriction 

on a case-by-case basis by certifying to the congressional defense 

committees that it is in the national interest to do so. 

SEC. 8062. The Secretary of Defense shall provide a classified 

quarterly report beginning 30 days after enactment of this Act, 

Classified 

information. 

Reports. 

Deadlines. 

Effective date. 

Waiver authority. 

Certification. 

Reports. 

Waiver authority. 

Certification. 

Vessels. 

Deadline. 

Reports. 

Waiver authority. 

Determination. 

Human rights. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 72 PUBLIC LAW 112–10—APR. 15, 2011 

to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified 

annex accompanying this Act. 

SEC. 8063. During the current fiscal year, none of the funds 

available to the Department of Defense may be used to provide 

support to another department or agency of the United States 

if such department or agency is more than 90 days in arrears 

in making payment to the Department of Defense for goods or 

services previously provided to such department or agency on a 

reimbursable basis: Provided, That this restriction shall not apply 

if the department is authorized by law to provide support to such 

department or agency on a nonreimbursable basis, and is providing 

the requested support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a 

case-by-case basis by certifying in writing to the Committees on 

Appropriations of the House of Representatives and the Senate 

that it is in the national security interest to do so. 

SEC. 8064. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of 

the ground-based elements of the National Ballistic Missile Defense 

System. 

SEC. 8065. None of the funds provided in this Act may be 

used to transfer to any nongovernmental entity ammunition held 

by the Department of Defense that has a center-fire cartridge 

and a United States military nomenclature designation of ‘‘armor 

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 

(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to 

an entity performing demilitarization services for the Department 

of Defense under a contract that requires the entity to demonstrate 

to the satisfaction of the Department of Defense that armor piercing 

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant 

to a contract with the Department of Defense or the manufacture 

of ammunition for export pursuant to a License for Permanent 

Export of Unclassified Military Articles issued by the Department 

of State. 

SEC. 8066. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would 

be required under section 2667 of title 10, United States Code, 

in the case of a lease of personal property for a period not in 

excess of 1 year to any organization specified in section 508(d) 

of title 32, United States Code, or any other youth, social, or 

fraternal nonprofit organization as may be approved by the Chief 

of the National Guard Bureau, or his designee, on a case-by-case 

basis. 

SEC. 8067. None of the funds appropriated by this Act shall 

be used for the support of any nonappropriated funds activity 

of the Department of Defense that procures malt beverages and 

wine with nonappropriated funds for resale (including such alcoholic 

beverages sold by the drink) on a military installation located 

in the United States unless such malt beverages and wine are 

procured within that State, or in the case of the District of 

Columbia, within the District of Columbia, in which the military 

installation is located: Provided, That in a case in which the military 

Alcohol and 

alcoholic 

beverages. 

Waiver authority. 

Time period. 

Arms and 

munitions. 

Waiver authority. 

Certification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 73 

installation is located in more than one State, purchases may be 

made in any State in which the installation is located: Provided 

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for 

military installations in States which are not contiguous with 

another State: Provided further, That alcoholic beverages other 

than wine and malt beverages, in contiguous States and the District 

of Columbia shall be procured from the most competitive source, 

price and other factors considered. 

SEC. 8068. Funds available to the Department of Defense for 

the Global Positioning System during the current fiscal year, and 

hereafter, may be used to fund civil requirements associated with 

the satellite and ground control segments of such system’s modernization program. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8069. Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $147,258,300 

shall remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Defense is 

authorized to transfer such funds to other activities of the Federal 

Government: Provided further, That the Secretary of Defense is 

authorized to enter into and carry out contracts for the acquisition 

of real property, construction, personal services, and operations 

related to projects carrying out the purposes of this section: Provided 

further, That contracts entered into under the authority of this 

section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized 

by this section shall comply with applicable Federal, State, and 

local law to the maximum extent consistent with the national 

security, as determined by the Secretary of Defense. 

SEC. 8070. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under 

subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 

U.S.C. 113 note) shall continue in effect to apply to disbursements 

that are made by the Department of Defense in fiscal year 2011. 

SEC. 8071. In addition to amounts provided elsewhere in this Act, $4,000,000 is hereby appropriated to the Department of 

Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, that upon the 

determination of the Secretary of Defense that it shall serve the 

national interest, these funds shall be available only for a grant 

to the Fisher House Foundation, Inc., only for the construction 

and furnishing of additional Fisher Houses to meet the needs of 

military family members when confronted with the illness or hospitalization of an eligible military beneficiary. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under 

the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $415,115,000 shall be 

for the Israeli Cooperative Programs: Provided, That of this amount, 

$205,000,000 shall be for the Secretary of Defense to provide to 

the Government of Israel for the procurement of the Iron Dome 

defense system to counter short-range rocket threats, $84,722,000 

shall be for the Short Range Ballistic Missile Defense (SRBMD) 

Determination. 

Grants. 

Fisher House 

Foundation, Inc. 

Applicability. 

10 USC 113 note. 

Contracts. 

Real property. 

10 USC 2281 

note. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 74 PUBLIC LAW 112–10—APR. 15, 2011 

program, including cruise missile defense research and development 

under the SRBMD program, $58,966,000 shall be available for 

an upper-tier component to the Israeli Missile Defense Architecture, 

and $66,427,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, 

detection suite, of which $12,000,000 shall be for producing Arrow 

missile components in the United States and Arrow missile components in Israel to meet Israel’s defense requirements, consistent 

with each nation’s laws, regulations and procedures: Provided further, That funds made available under this provision for production 

of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment, 

to be merged with and to be available for the same time period 

and the same purposes as the appropriation to which transferred: 

Provided further, That the transfer authority provided under this 

provision is in addition to any other transfer authority contained 

in this Act. 

SEC. 8073. None of the funds available to the Department 

of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific fleet: 

Provided, That the command and control relationships which 

existed on October 1, 2004, shall remain in force unless changes 

are specifically authorized in a subsequent Act. 

SEC. 8074. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of 

section 7403(g) of title 38, United States Code, for occupations 

listed in section 7403(a)(2) of title 38, United States Code, as 

well as the following: 

Pharmacists, Audiologists, Psychologists, Social Workers, 

Othotists/Prosthetists, Occupational Therapists, Physical 

Therapists, Rehabilitation Therapists, Respiratory Therapists, 

Speech Pathologists, Dietitian/Nutritionists, Industrial Hygienists, Psychology Technicians, Social Service Assistants, Practical Nurses, Nursing Assistants, and Dental Hygienists: 

(A) The requirements of section 7403(g)(1)(A) of title 

38, United States Code, shall apply. 

(B) The limitations of section 7403(g)(1)(B) of title 38, 

United States Code, shall not apply. 

SEC. 8075. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes 

of section 504 of the National Security Act of 1947 (50 U.S.C. 

414) during fiscal year 2011 until the enactment of the Intelligence 

Authorization Act for Fiscal Year 2011. 

SEC. 8076. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming 

of funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8077. The budget of the President for fiscal year 2012 

submitted to the Congress pursuant to section 1105 of title 31, 

United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in 

contingency operations for the Military Personnel accounts, the 

Operation and Maintenance accounts, and the Procurement 

Federal budget. 

10 USC 221 note. 

Notification. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 75 

accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for 

each military service, to include all Active and Reserve components, 

and for each appropriations account: Provided further, That these 

documents shall include estimated costs for each element of expense 

or object class, a reconciliation of increases and decreases for each 

contingency operation, and programmatic data including, but not 

limited to, troop strength for each Active and Reserve component, 

and estimates of the major weapons systems deployed in support 

of each contingency: Provided further, That these documents shall 

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal 

years. 

SEC. 8078. None of the funds in this Act may be used for 

research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8079. In addition to the amounts appropriated or otherwise 

made available elsewhere in this Act, $65,200,000 is hereby appropriated to the Department of Defense: Provided, That upon the 

determination of the Secretary of Defense that it shall serve the 

national interest, he shall make grants in the amounts specified 

as follows: $20,000,000 to the United Service Organizations; 

$24,000,000 to the Red Cross; $1,200,000 to the Special Olympics; 

and $20,000,000 to the Youth Mentoring Grants Program: Provided 

further, That funds available in this section for the Youth Mentoring 

Grants Program may be available for transfer to the Department 

of Justice Youth Mentoring Grants Program. 

SEC. 8080. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation 

of the 53rd Weather Reconnaissance Squadron of the Air Force 

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, 

That the Air Force shall allow the 53rd Weather Reconnaissance 

Squadron to perform other missions in support of national defense 

requirements during the non-hurricane season. 

SEC. 8081. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only 

be handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

SEC. 8082. (a) At the time members of reserve components 

of the Armed Forces are called or ordered to active duty under 

section 12302(a) of title 10, United States Code, each member 

shall be notified in writing of the expected period during which 

the member will be mobilized. 

(b) The Secretary of Defense may waive the requirements of 

subsection (a) in any case in which the Secretary determines that 

it is necessary to do so to respond to a national security emergency 

or to meet dire operational requirements of the Armed Forces. 

Waiver authority. 

Determination. 

Notification. 

Deployment. 

Foreign 

intelligence. 

53rd Weather 

Reconnaissance 

Squadron. 

Determination. 

Grants. 

Nuclear arms. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 76 PUBLIC LAW 112–10—APR. 15, 2011 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8083. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not 

to exceed $100,000,000 under the authority provided by this section: 

Provided further, That the Secretary may not transfer any funds 

until 30 days after the proposed transfer has been reported to 

the Committees on Appropriations of the House of Representatives 

and the Senate, unless a response from the Committees is received 

sooner: Provided further, That any funds transferred pursuant to 

this section shall retain the same period of availability as when 

originally appropriated: Provided further, That the transfer 

authority provided by this section is in addition to any other transfer 

authority contained elsewhere in this Act. 

SEC. 8084. For purposes of section 7108 of title 41, United 

States Code, any subdivision of appropriations made under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed 

at the time reimbursement is made shall be available to reimburse 

the Judgment Fund and shall be considered for the same purposes 

as any subdivision under the heading ‘‘Shipbuilding and Conversion, 

Navy’’ appropriations in the current fiscal year or any prior fiscal 

year. 

SEC. 8085. (a) None of the funds appropriated by this Act 

may be used to transfer research and development, acquisition, 

or other program authority relating to current tactical unmanned 

aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV) 

in order to support the Secretary of Defense in matters relating 

to the employment of unmanned aerial vehicles. 

SEC. 8086. Notwithstanding any other provision of law or regulation, during the current fiscal year and hereafter, the Secretary 

of Defense may adjust wage rates for civilian employees hired 

for certain health care occupations as authorized for the Secretary 

of Veterans Affairs by section 7455 of title 38, United States Code. 

SEC. 8087. Up to $15,000,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that 

is otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8088. None of the funds appropriated by this Act for 

programs of the Office of the Director of National Intelligence 

shall remain available for obligation beyond the current fiscal year, 

except for funds appropriated for research and technology, which 

shall remain available until September 30, 2012. 

10 USC 1599c 

note. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 77 

SEC. 8089. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under 

the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 

in any prior fiscal year, and the 1 percent limitation shall apply 

to the total amount of the appropriation. 

SEC. 8090. Notwithstanding any other provision of law, not 

more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/ 

indefinite quantity contracts with a total contract value of 

$130,000,000 or higher. 

SEC. 8091. The Director of National Intelligence shall include 

the budget exhibits identified in paragraphs (1) and (2) as described 

in the Department of Defense Financial Management Regulation 

with the congressional budget justification books: 

(1) For procurement programs requesting more than $20,000,000 in any fiscal year, the P–1, Procurement Program; 

P–5, Cost Analysis; P–5a, Procurement History and Planning; 

P–21, Production Schedule; and P–40, Budget Item Justification. 

(2) For research, development, test and evaluation projects requesting more than $10,000,000 in any fiscal year, the R– 

1, RDT&E Program; R–2, RDT&E Budget Item Justification; 

R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program 

Schedule Profile. 

SEC. 8092. The Secretary of Defense shall create a major force 

program category for space for each future-years defense program 

of the Department of Defense submitted to Congress under section 

221 of title 10, United States Code, during fiscal year 2011. The 

Secretary of Defense shall designate an official in the Office of 

the Secretary of Defense to provide overall supervision of the 

preparation and justification of program recommendations and 

budget proposals to be included in such major force program category. 

SEC. 8093. (a) Not later than 60 days after enactment of this 

Act, the Office of the Director of National Intelligence shall submit 

a report to the congressional intelligence committees to establish 

the baseline for application of reprogramming and transfer authorities for fiscal year 2011: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation by 

Expenditure Center and project; and 

(3) an identification of items of special congressional 

interest. 

(b) None of the funds provided for the National Intelligence 

Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional intelligence committees, unless the Director of 

National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. 

SEC. 8094. The Director of National Intelligence shall submit 

to Congress each year, at or about the time that the President’s 

Submission. 

Deadlines. 

50 USC 415a–3. 

Certification. 

Deadline. 

Reports. 

Designation. 

10 USC 221 note. 

Budget exhibits. 

50 USC 415a–2 

note. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 78 PUBLIC LAW 112–10—APR. 15, 2011 

budget is submitted to Congress that year under section 1105(a) 

of title 31, United States Code, a future-years intelligence program 

(including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such 

future-years intelligence program shall cover the fiscal year with 

respect to which the budget is submitted and at least the four 

succeeding fiscal years. 

SEC. 8095. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, 

and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

SEC. 8096. The Department of Defense shall continue to report 

incremental contingency operations costs for Operation New Dawn 

and Operation Enduring Freedom on a monthly basis in the Cost 

of War Execution Report as prescribed in the Department of Defense 

Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 

Annex 1, dated September 2005. 

SEC. 8097. The amounts appropriated in title II of this Act 

are hereby reduced by $1,983,000,000 to reflect excess cash balances 

in Department of Defense Working Capital Funds, as follows: (1) 

From ‘‘Operation and Maintenance, Army’’, $700,000,000; and (2) 

From ‘‘Operation and Maintenance, Defense-Wide’’, $1,283,000,000. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8098. During the current fiscal year, not to exceed 

$11,000,000 from each of the appropriations made in title II of 

this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 

Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 

may be transferred by the military department concerned to its 

central fund established for Fisher Houses and Suites pursuant 

to section 2493(d) of title 10, United States Code. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8099. Of the funds appropriated in the Intelligence 

Community Management Account for the Program Manager for 

the Information Sharing Environment, $24,000,000 is available for 

transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information 

sharing activities: Provided, That funds transferred under this 

provision are to be merged with and available for the same purposes 

and time period as the appropriation to which transferred: Provided 

further, That the Office of Management and Budget must approve 

any transfers made under this provision. 

SEC. 8100. Funds appropriated by this Act for operation and 

maintenance may be available for the purpose of making remittances to the Defense Acquisition Workforce Development Fund 

in accordance with the requirements of section 1705 of title 10, 

United States Code. 

SEC. 8101. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

Web posting. 

Reports. 

Reports. 

Deadline. 

Definition. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 79 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 8102. (a) None of the funds appropriated or otherwise 

made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000 unless the contractor 

agrees not to— 

(1) enter into any agreement with any of its employees 

or independent contractors that requires, as a condition of 

employment, that the employee or independent contractor agree 

to resolve through arbitration any claim under title VII of 

the Civil Rights Act of 1964 or any tort related to or arising 

out of sexual assault or harassment, including assault and 

battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or 

(2) take any action to enforce any provision of an existing 

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil Rights 

Act of 1964 or any tort related to or arising out of sexual 

assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or 

negligent hiring, supervision, or retention. 

(b) None of the funds appropriated or otherwise made available 

by this Act may be expended for any Federal contract unless the 

contractor certifies that it requires each covered subcontractor to 

agree not to enter into, and not to take any action to enforce 

any provision of, any agreement as described in paragraphs (1) 

and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. 

For purposes of this subsection, a ‘‘covered subcontractor’’ is an 

entity that has a subcontract in excess of $1,000,000 on a contract 

subject to subsection (a). 

(c) The prohibitions in this section do not apply with respect 

to a contractor’s or subcontractor’s agreements with employees or 

independent contractors that may not be enforced in a court of 

the United States. 

(d) The Secretary of Defense may waive the application of 

subsection (a) or (b) to a particular contractor or subcontractor 

for the purposes of a particular contract or subcontract if the 

Secretary or the Deputy Secretary personally determines that the 

waiver is necessary to avoid harm to national security interests 

of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The 

determination shall set forth with specificity the grounds for the 

waiver and for the contract or subcontract term selected, and shall 

state any alternatives considered in lieu of a waiver and the reasons 

each such alternative would not avoid harm to national security 

interests of the United States. The Secretary of Defense shall 

transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days 

Public 

information. 

Deadline. 

Waiver authority. 

Determination. 

Certification. 

Contracts. 

Time period. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 80 PUBLIC LAW 112–10—APR. 15, 2011 

before the contract or subcontract addressed in the determination 

may be awarded. 

(e) By March 1, 2011, or within 60 days after enactment of 

this Act, whichever is later, the Government Accountability Office 

shall submit a report to the Congress evaluating the effect that 

the requirements of this section have had on national security, 

including recommendations, if any, for changes to these requirements. 

SEC. 8103. (a) PROHIBITION ON CONVERSION OF FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO CONTRACTOR PERFORMANCE.— 

None of the funds appropriated by this Act or otherwise available 

to the Department of Defense may be used to begin or announce 

the competition to award to a contractor or convert to performance 

by a contractor any functions performed by Federal employees 

pursuant to a study conducted under Office of Management and 

Budget (OMB) Circular A–76. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to the award of a function to a contractor or the conversion 

of a function to performance by a contractor pursuant to a study 

conducted under Office of Management and Budget (OMB) Circular 

A–76 once all reporting and certifications required by section 325 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84) have been satisfactorily completed. 

SEC. 8104. (a)(1) No National Intelligence Program funds appropriated in this Act may be used for a mission critical or mission 

essential business management information technology system that 

is not registered with the Director of National Intelligence. A system 

shall be considered to be registered with that officer upon the 

furnishing notice of the system, together with such information 

concerning the system as the Director of the Business Transformation Office may prescribe. 

(2) During the current fiscal year no funds may be obligated 

or expended for a financial management automated information 

system, a mixed information system supporting financial and nonfinancial systems, or a business system improvement of more than 

$3,000,000, within the Intelligence Community without the approval 

of the Business Transformation Office, and the designated Intelligence Community functional lead element. 

(b) The Director of the Business Transformation Office shall 

provide the congressional intelligence committees a semi-annual 

report of approvals under paragraph (1) no later than March 30 

and September 30 of each year. The report shall include the results 

of the Business Transformation Investment Review Board’s semiannual activities, and each report shall certify that the following 

steps have been taken for systems approved under paragraph (1): 

(1) Business process reengineering. 

(2) An analysis of alternatives and an economic analysis 

that includes a calculation of the return on investment. 

(3) Assurance the system is compatible with the enterprisewide business architecture. 

(4) Performance measures. 

(5) An information assurance strategy consistent with the 

Chief Information Officer of the Intelligence Community. 

(c) This section shall not apply to any programmatic or analytic 

systems or programmatic or analytic system improvements. 

Deadlines. 

Reports. 

Notice. 

Deadline. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 81 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8105. Of the funds appropriated in this Act for the Office of the Director of National Intelligence, $50,000,000, may be transferred to appropriations available to the Central Intelligence 

Agency, the National Security Agency, and the National Geospatial 

Intelligence Agency, the Defense Intelligence Agency and the 

National Reconnaissance Office for the Business Transformation 

Transfer Funds, to be merged with and to be available for the 

same time period and the same purposes as the appropriation 

to which transferred: Provided, That the transfer authority provided 

under this provision is in addition to any other transfer authority 

contained in this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8106. In addition to funds made available elsewhere in 

this Act, there is hereby appropriated $538,875,000, to remain 

available until transferred: Provided, That these funds are appropriated to the ‘‘Tanker Replacement Transfer Fund’’ (referred to 

as ‘‘the Fund’’ elsewhere in this section): Provided further, That 

the Secretary of the Air Force may transfer amounts in the Fund 

to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft Procurement, 

Air Force’’, and ‘‘Research, Development, Test and Evaluation, Air 

Force’’, only for the purposes of proceeding with a tanker acquisition 

program: Provided further, That funds transferred shall be merged 

with and be available for the same purposes and for the same 

time period as the appropriations or fund to which transferred: 

Provided further, That this transfer authority is in addition to 

any other transfer authority available to the Department of Defense: 

Provided further, That the Secretary of the Air Force shall, not 

fewer than 15 days prior to making transfers using funds provided 

in this section, notify the congressional defense committees in 

writing of the details of any such transfer: Provided further, That 

the Secretary shall submit a report no later than 30 days after 

the end of each fiscal quarter to the congressional defense committees summarizing the details of the transfer of funds from this 

appropriation. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8107. From within the funds appropriated for operation 

and maintenance for the Defense Health Program in this Act, 

up to $132,200,000, shall be available for transfer to the Joint 

Department of Defense-Department of Veterans Affairs Medical 

Facility Demonstration Fund in accordance with the provisions 

of section 1704 of the National Defense Authorization Act for Fiscal 

Year 2010, Public Law 111–84: Provided, That for purposes of 

section 1704(b), the facility operations funded are operations of 

the integrated Captain James A. Lovell Federal Health Care Center, 

consisting of the North Chicago Veterans Affairs Medical Center, 

the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by 

section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the 

Reports. 

Deadlines. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 82 PUBLIC LAW 112–10—APR. 15, 2011 

Secretary of Defense to the Committees on Appropriations of the 

House of Representatives and the Senate. 

SEC. 8108. (a) Of the amounts made available in this Act 

under the heading ‘‘Operation and Maintenance, Navy’’, not less 

than $2,000,000, shall be made available for leveraging the Army’s 

Contractor Manpower Reporting Application, modified as appropriate for Service-specific requirements, for documenting the 

number of full-time contractor employees (or its equivalent) pursuant to United States Code title 10, section 2330a(c) and meeting 

the requirements of United States Code title 10, section 2330a(e) 

and United States Code title 10, section 235. 

(b) Of the amounts made available in this Act under the heading 

‘‘Operation and Maintenance, Air Force’’, not less than $2,000,000 

shall be made available for leveraging the Army’s Contractor Manpower Reporting Application, modified as appropriate for Servicespecific requirements, for documenting the number of full-time contractor employees (or its equivalent) pursuant to United States 

Code title 10 section 2330a(c) and meeting the requirements of 

United States Code title 10, section 2330a(e) and United States 

Code title 10, section 235. 

(c) The Secretaries of the Army, Navy, Air Force, and the 

Directors of the Defense Agencies and Field Activities (in coordination with the appropriate Principal Staff Assistant), in coordination 

with the Under Secretary of Defense for Personnel and Readiness, 

shall report to the congressional defense committees within 60 

days of enactment of this Act their plan for documenting the number 

of full-time contractor employees (or its equivalent), as required 

by United States Code title 10, section 2330a. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8109. In addition to amounts provided elsewhere in this 

Act, there is appropriated $250,000,000, for an additional amount 

for ‘‘Operation and Maintenance, Defense-Wide’’, to be available 

until expended: Provided, That such funds shall only be available 

to the Secretary of Defense, acting through the Office of Economic 

Adjustment of the Department of Defense, or for transfer to the 

Secretary of Education, notwithstanding any other provision of law, 

to make grants, conclude cooperative agreements, or supplement 

other Federal funds to construct, renovate, repair, or expand 

elementary and secondary public schools on military installations 

in order to address capacity or facility condition deficiencies at 

such schools: Provided further, That in making such funds available, 

the Office of Economic Adjustment or the Secretary of Education 

shall give priority consideration to those military installations with 

schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense. 

SEC. 8110. In addition to amounts provided elsewhere in this 

Act, there is appropriated $300,000,000, for an additional amount 

for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended. Such funds may be available for the Office 

of Economic Adjustment, notwithstanding any other provision of 

law, for transportation infrastructure improvements associated with 

medical facilities related to recommendations of the Defense Base 

Closure and Realignment Commission. 

Grants. 

Education. 

Reports. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 83 

SEC. 8111. Section 310(b) of the Supplemental Appropriations 

Act, 2009 (Public Law 111–32; 124 Stat. 1871) is amended by 

striking ‘‘1 year’’ both places it appears and inserting ‘‘2 years’’. 

SEC. 8112. The Office of the Director of National Intelligence 

shall not employ more Senior Executive employees than are specified in the classified annex: Provided, That not later than 90 days 

after enactment of this Act, the Director of National Intelligence 

shall certify that the Office of the Director of National Intelligence 

selects individuals for Senior Executive positions in a manner consistent with statutes, regulations, and the requirements of other 

Federal agencies in making such appointments and will submit 

its policies and procedures related to the appointment of personnel 

to Senior Executive positions to the congressional intelligence oversight committees. 

SEC. 8113. For all major defense acquisition programs for which 

the Department of Defense plans to proceed to source selection 

during the current fiscal year, the Secretary of Defense shall perform an assessment of the winning bidder to determine whether 

or not the proposed costs are realistic and reasonable with respect 

to proposed development and production costs. The Secretary of 

Defense shall provide a report of these assessments, to specifically 

include whether any cost assessments determined that such proposed costs were unreasonable or unrealistic, to the congressional 

defense committees not later than 60 days after enactment of this 

Act and on a quarterly basis thereafter. 

SEC. 8114. (a) The Deputy Under Secretary of Defense for 

Installations and Environment, in collaboration with the Secretary 

of Energy, shall conduct energy security pilot projects at facilities 

of the Department of Defense. 

(b) In addition to the amounts provided elsewhere in this Act, 

$20,000,000, is appropriated to the Department of Defense for 

‘‘Operation and Maintenance, Defense-Wide’’ for energy security 

pilot projects under subsection (a). 

SEC. 8115. None of the funds appropriated or otherwise made 

available by this Act may be obligated or expended to pay a retired 

general or flag officer to serve as a senior mentor advising the 

Department of Defense unless such retired officer files a Standard 

Form 278 (or successor form concerning public financial disclosure 

under part 2634 of title 5, Code of Federal Regulations) to the 

Office of Government Ethics. 

SEC. 8116. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Chief of the Air 

Force Reserve, and the Director of the National Guard Bureau, 

in collaboration with the Secretary of Agriculture and the Secretary 

of the Interior, shall submit to the Committees on Appropriations 

of the House and Senate, the House Committee on Agriculture, 

the Senate Committee on Agriculture, Nutrition and Forestry, the 

House Committee on Natural Resources, and the Senate Committee 

on Energy and Natural Resources a report of firefighting aviation 

assets. The report required under this section shall include each 

of the following: 

(1) A description of the programming details necessary 

to obtain an appropriate mix of fixed wing and rotor wing 

firefighting assets needed to produce an effective aviation 

resource base to support the wildland fire management program 

into the future. Such programming details shall include the 

acquisition and contracting needs of the mix of aviation 

Deadline. 

Reports. 

Pilot projects. 

Reports. 

Deadlines. 

Assessment. 

Deadline. 

Certification. 

Procedures. 

123 Stat. 1871. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 84 PUBLIC LAW 112–10—APR. 15, 2011 

resources fleet, including the acquisition of up to 24 C–130Js 

equipped with the Mobile Airborne Fire Fighting System II 

(in this section referred to as ‘‘MAFFS’’), to be acquired over 

several fiscal years starting in fiscal year 2012. 

(2) The costs associated with acquisition and contracting 

of the aviation assets described in paragraph (1). 

(3) A description of the costs of the operation, maintenance, 

and sustainment of a fixed and rotor wing aviation fleet, 

including a C–130J/MAFFS II in an Air National Guard tactical 

airlift unit construct of 4, 6, or 8 C–130Js per unit starting 

in fiscal year 2012, projected out through fiscal year 2020. 

Such description shall include the projected costs associated 

with each of the following through fiscal year 2020: 

(A) Crew ratio based on 4, 6, or 8 C–130J Air National 

Guard unit construct and requirement for full-time equivalent crews. 

(B) Associated maintenance and other support personnel and requirement for full-time equivalent positions. 

(C) Yearly flying hour model and the cost for use 

of a fixed and rotor wing aviation fleet, including C–130J 

in its MAFFS capacity supporting the United States Forest 

Service. 

(D) Yearly flying hour model and cost for use of a 

C–130J in its capacity supporting Air National Guard tactical airlift training. 

(E) Any other costs required to conduct both the airlift 

and firefighting missions, including the Air National Guard 

unit construct for C–130Js. 

(4) Proposed program management, utilization, and cost 

share arrangements for the aircraft described in paragraph 

(1) for primary support of the Forest Service and secondary 

support, on an as available basis, for the Department of 

Defense, together with any proposed statutory language needed 

to authorize and effectuate the same. 

(5) An integrated plan for the Forest Service and the 

Department of the Interior wildland fire management programs 

to operate the fire fighting air tanker assets referred to in 

this section. 

SEC. 8117. Notwithstanding any other provision of this Act, 

to reflect savings from revised economic assumptions, the total 

amount appropriated in title II of this Act is hereby reduced by 

$532,000,000, the total amount appropriated in title III of this 

Act is hereby reduced by $564,000,000, and the total amount appropriated in title IV of this Act is hereby reduced by $381,000,000: 

Provided, That the Secretary of Defense shall allocate this reduction 

proportionally to each budget activity, activity group, subactivity 

group, and each program, project, and activity, within each appropriation account. 

SEC. 8118. The total amount available in this Act for pay 

for civilian personnel of the Department of Defense for fiscal year 

2011 shall be the amount otherwise appropriated or made available 

by this Act for such pay reduced by $723,000,000. 

SEC. 8119. None of the funds appropriated or otherwise made 

available to the Department of Defense may be used for the disestablishment, closure, or realignment of the Joint Forces Command 

unless within 120 days of the enactment of this Act— 

Deadline. 

Allocation. 

Reduction. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 85 

(1) the Secretary of Defense notifies the congressional 

defense committees of the proposed disestablishment, closure, 

or realignment of the Joint Forces Command; and 

(2) the Secretary submits to the congressional defense 

committees a plan for the disestablishment, closure, or realignment of the Joint Forces Command, which plan shall contain 

at a minimum— 

(A) an explanation of the projected savings of the proposed disestablishment, closure, or realignment; 

(B) a cost-benefit analysis of the proposed disestablishment, closure, or realignment; 

(C) the budgetary impact of the proposed disestablishment, closure, or realignment; 

(D) the strategic and operational consequences of the 

proposed disestablishment, closure, or realignment; and 

(E) an appropriate local economic assessment of the 

proposed disestablishment, closure, or realignment, which 

shall include at a minimum— 

(i) a list of Federal, State, and local government 

departments and agencies that are required by statute 

or regulation to provide assistance and outreach for 

the community affected by the proposed disestablishment, closure, or realignment; and 

(ii) a list of the contractors and businesses affected 

by the proposed disestablishment, closure, or realignment. 

SEC. 8120. The explanatory statement regarding this Act, 

printed in the House of Representatives section of the Congressional 

Record on or about April 13, 2011, by the Chairman of the Committee on Appropriations of the House of Representatives, shall 

have the same effect with respect to the allocation of funds and 

implementation of this Act as if it were a Report of the Committee 

on Appropriations. 

TITLE IX 

OVERSEAS CONTINGENCY OPERATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$11,107,033,000: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$1,308,719,000: Provided, That each amount in this paragraph is 

designated as being for contingency operations directly related to 

the global war on terrorism pursuant to section 3(c)(2) of H. Res. 

5 (112th Congress) and as an emergency requirement pursuant 

Plans. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 86 PUBLIC LAW 112–10—APR. 15, 2011 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine Corps’’, $732,920,000: Provided, That each amount in this paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $1,843,442,000: Provided, That each amount in this paragraph is 

designated as being for contingency operations directly related to 

the global war on terrorism pursuant to section 3(c)(2) of H. Res. 

5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, $268,031,000: Provided, That each amount in this paragraph is 

designated as being for contingency operations directly related to 

the global war on terrorism pursuant to section 3(c)(2) of H. Res. 

5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, $48,912,000: Provided, That each amount in this paragraph is designated as being for contingency operations directly related to the 

global war on terrorism pursuant to section 3(c)(2) of H. Res. 

5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $45,437,000: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$27,002,000: Provided, That each amount in this paragraph is designated as being for contingency operations directly related to the 

global war on terrorism pursuant to section 3(c)(2) of H. Res. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 87 

5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $853,022,000: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $16,860,000: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $59,162,782,000: Provided, That each amount in this paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $8,970,724,000: Provided, That each amount in this paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $4,008,022,000: Provided, That each amount in 

this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 88 PUBLIC LAW 112–10—APR. 15, 2011 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $12,969,643,000: Provided, That each amount in this 

paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $9,276,990,000: Provided, That each amount in this 

section is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010: Provided further, That of the funds provided under this heading: (1) Not to exceed $12,500,000 for the Combatant Commander Initiative Fund, to be used in support of Operation 

New Dawn and Operation Enduring Freedom. (2) Not to exceed $1,600,000,000, to remain available until 

expended, for payments to reimburse key cooperating nations 

for logistical, military, and other support, including access provided to United States military operations in support of Operation New Dawn and Operation Enduring Freedom, notwithstanding any other provision of law: Provided, That such 

reimbursement payments may be made in such amounts as 

the Secretary of Defense, with the concurrence of the Secretary 

of State, and in consultation with the Director of the Office 

of Management and Budget, may determine, in his discretion, 

based on documentation determined by the Secretary of Defense 

to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers 

of the United States, and 15 days following notification to 

the appropriate congressional committees: Provided further, 

That the requirement to provide notification shall not apply 

with respect to a reimbursement for access based on an international agreement: Provided further, That these funds may 

be used for the purpose of providing specialized training and 

procuring supplies and specialized equipment and providing 

such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military 

operations in Iraq and Afghanistan, and 15 days following 

notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the 

use of funds provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $206,784,000: Provided, That each amount in this 

paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

Deadlines. 

Reports. 

Iraq. 

Afghanistan. 

Deadline. 

Notification. 

Determination. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 89 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, $93,559,000: Provided, That each amount in this 

paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, $29,685,000: Provided, That each amount 

in this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $188,807,000: Provided, That each amount in 

this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $497,849,000: Provided, That each amount 

in this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Air National Guard’’, $402,983,000: Provided, That each amount 

in this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

AFGHANISTAN INFRASTRUCTURE FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury of the United 

States the ‘‘Afghanistan Infrastructure Fund’’. For the ‘‘Afghanistan 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 90 PUBLIC LAW 112–10—APR. 15, 2011 

Infrastructure Fund’’, $400,000,000, to remain available until September 30, 2012: Provided, That such sums shall be available 

for infrastructure projects in Afghanistan, notwithstanding any 

other provision of law, which shall be undertaken by the Secretary 

of State, unless the Secretary of State and the Secretary of Defense 

jointly decide that a specific project will be undertaken by the 

Department of Defense: Provided further, That the infrastructure 

referred to in the preceding proviso is in support of the counterinsurgency strategy, requiring funding for facility and infrastructure 

projects, including, but not limited to, water, power, and transportation projects and related maintenance and sustainment costs: 

Provided further, That the authority to undertake such infrastructure projects is in addition to any other authority to provide assistance to foreign nations: Provided further, That any projects funded 

by this appropriation shall be jointly formulated and concurred 

in by the Secretary of State and Secretary of Defense: Provided 

further, That funds may be transferred to the Department of State 

for purposes of undertaking projects, which funds shall be considered to be economic assistance under the Foreign Assistance Act 

of 1961 for purposes of making available the administrative authorities contained in that Act: Provided further, That the transfer 

authority in the preceding proviso is in addition to any other 

authority available to the Department of Defense to transfer funds: 

Provided further, That any unexpended funds transferred to the 

Secretary of State under this authority shall be returned to the 

Afghanistan Infrastructure Fund if the Secretary of State, in 

coordination with the Secretary of Defense, determines that the 

project cannot be implemented for any reason, or that the project 

no longer supports the counterinsurgency strategy in Afghanistan: 

Provided further, That any funds returned to the Secretary of 

Defense under the previous proviso shall be available for use under 

this appropriation and shall be treated in the same manner as 

funds not transferred to the Secretary of State: Provided further, 

That contributions of funds for the purposes provided herein to 

the Secretary of State in accordance with section 635(d) of the 

Foreign Assistance Act from any person, foreign government, or 

international organization may be credited to this Fund, to remain 

available until expended, and used for such purposes: Provided 

further, That the Secretary of Defense shall, not fewer than 15 

days prior to making transfers to or from, or obligations from 

the Fund, notify the appropriate committees of Congress in writing 

of the details of any such transfer: Provided further, That the 

‘‘appropriate committees of Congress’’ are the Committees on Armed 

Services, Foreign Relations and Appropriations of the Senate and 

the Committees on Armed Services, Foreign Affairs and Appropriations of the House of Representatives: Provided further, That each 

amount in this paragraph is designated as being for contingency 

operations directly related to the global war on terrorism pursuant 

to section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 

requirement pursuant to section 403(a) of S. Con. Res. 13 (111th 

Congress), the concurrent resolution on the budget for fiscal year 

2010. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $11,619,283,000, 

to remain available until September 30, 2012: Provided, That such 

Deadline. 

Notification. 

Decision. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 91 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Commander, Combined Security Transition Command— 

Afghanistan, or the Secretary’s designee, to provide assistance, 

with the concurrence of the Secretary of State, to the security 

forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further, That the 

authority to provide assistance under this heading is in addition 

to any other authority to provide assistance to foreign nations: 

Provided further, That up to $15,000,000 of these funds may be 

available for coalition police trainer life support costs: Provided 

further, That contributions of funds for the purposes provided herein 

from any person, foreign government, or international organization 

may be credited to this Fund and used for such purposes: Provided 

further, That the Secretary of Defense shall notify the congressional 

defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of 

the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than 

15 days prior to obligating from this appropriation account, notify 

the congressional defense committees in writing of the details of 

any such obligation: Provided further, That the Secretary of Defense 

shall notify the congressional defense committees of any proposed 

new projects or transfer of funds between budget sub-activity groups 

in excess of $20,000,000: Provided further, That each amount in 

this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

IRAQ SECURITY FORCES FUND

For the ‘‘Iraq Security Forces Fund’’, $1,500,000,000, to remain 

available until September 30, 2012: Provided, That such funds 

shall be available to the Secretary of Defense, notwithstanding 

any other provision of law, for the purpose of allowing the Commander, United States Forces-Iraq, or the Secretary’s designee, 

to provide assistance, with the concurrence of the Secretary of 

State, to the security forces of Iraq, including the provision of 

equipment, supplies, services, training, facility and infrastructure 

repair, and renovation: Provided further, That the authority to 

provide assistance under this heading is in addition to any other 

authority to provide assistance to foreign nations: Provided further, 

That contributions of funds for the purposes provided herein from 

any person, foreign government, or international organization may 

be credited to this Fund and used for such purposes: Provided 

further, That the Secretary shall notify the congressional defense 

committees in writing upon the receipt and upon the obligation 

of any contribution, delineating the sources and amounts of the 

funds received and the specific use of such contributions: Provided 

further, That the Secretary of Defense shall, not fewer than 15 

days prior to obligating from this appropriation account, notify 

the congressional defense committees in writing of the details of 

any such obligation: Provided further, That the Secretary of Defense 

shall notify the congressional defense committees of any proposed 

Notification. 

Deadline. 

Notification. 

Notification. 

Notification. 

Deadline. 

Notification. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 92 PUBLIC LAW 112–10—APR. 15, 2011 

new projects or transfer of funds between budget sub-activity groups 

in excess of $20,000,000: Provided further, That each amount in 

this paragraph is designated as being for contingency operations 

directly related to the global war on terrorism pursuant to section 

3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

PAKISTAN COUNTERINSURGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Pakistan Counterinsurgency Fund’’, $800,000,000, to 

remain available until September 30, 2012: Provided, That such 

funds shall be available to the Secretary of Defense, with the 

concurrence of the Secretary of State, notwithstanding any other 

provision of law, for the purpose of allowing the Secretary of 

Defense, or the Secretary’s designee, to provide assistance to Pakistan’s security forces; including program management and the provision of equipment, supplies, services, training, and funds; and 

facility and infrastructure repair, renovation, and construction to 

build the counterinsurgency capability of Pakistan’s military and 

Frontier Corps: Provided further, That the authority to provide 

assistance under this provision is in addition to any other authority 

to provide assistance to foreign nations: Provided further, That 

the Secretary of Defense may transfer funds provided herein to 

appropriations for operation and maintenance; procurement; 

research, development, test and evaluation; defense working capital 

funds; and to the Department of State, Pakistan Counterinsurgency 

Capability Fund to accomplish the purpose provided herein: Provided further, That the transfer authority in the preceding proviso 

is in addition to any other authority available to the Department 

of Defense to transfer funds: Provided further, That funds so transferred shall be merged with and be available for the same purposes 

and for the same time period as the appropriation or fund to 

which transferred: Provided further, That the Secretary of Defense 

shall, not fewer than 15 days prior to making transfers from this 

appropriation account, notify the Committees on Appropriations 

in writing of the details of any such transfer: Provided further, 

That each amount in this paragraph is designated as being for 

contingency operations directly related to the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$2,720,138,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 93 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$343,828,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $896,996,000, to remain available 

until September 30, 2013: Provided, That each amount in this 

paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $369,885,000, to remain available until September 30, 2013: 

Provided, That each amount in this paragraph is designated as 

being for contingency operations directly related to the global war 

on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$6,401,832,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$1,169,549,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 94 PUBLIC LAW 112–10—APR. 15, 2011 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$90,502,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $558,024,000, to remain available until 

September 30, 2013: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$316,835,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$1,589,119,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$1,991,955,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 95 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$56,621,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, 

Air Force’’, $292,959,000, to remain available until September 30, 

2013: Provided, That each amount in this paragraph is designated 

as being for contingency operations directly related to the global 

war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

Congress) and as an emergency requirement pursuant to section 

403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution 

on the budget for fiscal year 2010. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$2,868,593,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$1,262,499,000, to remain available until September 30, 2013: Provided, That each amount in this paragraph is designated as being 

for contingency operations directly related to the global war on 

terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles, 

ammunition, other weapons and other procurement for the reserve 

components of the Armed Forces, $850,000,000, to remain available 

for obligation until September 30, 2013, of which $250,000,000 

shall be available only for the Army National Guard: Provided, 

That the Chiefs of National Guard and Reserve components shall, 

not later than 30 days after the enactment of this Act, individually 

submit to the congressional defense committees the modernization 

priority assessment for their respective National Guard or Reserve 

component: Provided further, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Deadline. 

Assessment. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 96 PUBLIC LAW 112–10—APR. 15, 2011 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

(INCLUDING TRANSFER OF FUNDS)

For the Mine Resistant Ambush Protected Vehicle Fund, 

$3,415,000,000, to remain available until September 30, 2012: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, to procure, 

sustain, transport, and field Mine Resistant Ambush Protected 

vehicles: Provided further, That the Secretary shall transfer such 

funds only to appropriations made available in this or any other 

Act for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to 

accomplish the purpose provided herein: Provided further, That 

such transferred funds shall be merged with and be available for 

the same purposes and the same time period as the appropriation 

to which transferred: Provided further, That this transfer authority 

is in addition to any other transfer authority available to the 

Department of Defense: Provided further, That the Secretary shall, 

not fewer than 10 days prior to making transfers from this appropriation, notify the congressional defense committees in writing 

of the details of any such transfer: Provided further, That each 

amount in this paragraph is designated as being for contingency 

operations directly related to the global war on terrorism pursuant 

to section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 

requirement pursuant to section 403(a) of S. Con. Res. 13 (111th 

Congress), the concurrent resolution on the budget for fiscal year 

2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and Evaluation, Army’’, $143,234,000, to remain available until 

September 30, 2012: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Navy’’, $104,781,000, to remain available until 

September 30, 2012: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 97 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Air Force’’, $484,382,000, to remain available until 

September 30, 2012: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $222,616,000, to remain available 

until September 30, 2012: Provided, That each amount in this 

paragraph is designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

$485,384,000: Provided, That each amount in this paragraph is 

designated as being for contingency operations directly related to 

the global war on terrorism pursuant to section 3(c)(2) of H. Res. 

5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$1,422,092,000, of which $1,398,092,000 shall be for operation and 

maintenance, to remain available until September 30, 2011, and 

of which $24,000,000 shall be for research, development, test and 

evaluation, to remain available until September 30, 2012: Provided, 

That each amount in this paragraph is designated as being for 

contingency operations directly related to the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $440,510,000, to remain available until 

September 30, 2012: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 98 PUBLIC LAW 112–10—APR. 15, 2011 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’, 

$2,793,768,000, to remain available until September 30, 2013: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, for the purpose 

of allowing the Director of the Joint Improvised Explosive Device 

Defeat Organization to investigate, develop and provide equipment, 

supplies, services, training, facilities, personnel and funds to assist 

United States forces in the defeat of improvised explosive devices: 

Provided further, That the Secretary of Defense may transfer funds 

provided herein to appropriations for military personnel; operation 

and maintenance; procurement; research, development, test and 

evaluation; and defense working capital funds to accomplish the 

purpose provided herein: Provided further, That this transfer 

authority is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That the Secretary 

of Defense shall, not fewer than 15 days prior to making transfers 

from this appropriation, notify the congressional defense committees 

in writing of the details of any such transfer: Provided further, 

That each amount in this paragraph is designated as being for 

contingency operations directly related to the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for the ‘‘Office of the Inspector General’’, $10,529,000: Provided, That each amount in this paragraph 

is designated as being for contingency operations directly related 

to the global war on terrorism pursuant to section 3(c)(2) of H. 

Res. 5 (112th Congress) and as an emergency requirement pursuant 

to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 9001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated 

or otherwise made available for the Department of Defense for 

fiscal year 2011. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $4,000,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each 

transfer made pursuant to the authority in this section: Provided 

Notification. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 99 

further, That the authority provided in this section is in addition 

to any other transfer authority available to the Department of 

Defense and is subject to the same terms and conditions as the 

authority provided in the Department of Defense Appropriations 

Act, 2011. 

SEC. 9003. Supervision and administration costs associated with 

a construction project funded with appropriations available for operation and maintenance or the ‘‘Afghanistan Security Forces Fund’’ 

provided in this Act and executed in direct support of overseas 

contingency operations in Afghanistan, may be obligated at the 

time a construction contract is awarded: Provided, That for the 

purpose of this section, supervision and administration costs include 

all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian 

employees of the Department of Defense in Iraq and Afghanistan: 

(a) passenger motor vehicles up to a limit of $75,000 per vehicle; 

and (b) heavy and light armored vehicles for the physical security 

of personnel or for force protection purposes up to a limit of $250,000 

per vehicle, notwithstanding price or other limitations applicable 

to the purchase of passenger carrying vehicles. 

SEC. 9005. Not to exceed $500,000,000 of the amount appropriated in this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, 

to fund the Commander’s Emergency Response Program (CERP), 

for the purpose of enabling military commanders in Iraq and 

Afghanistan to respond to urgent, small scale, humanitarian relief 

and reconstruction requirements within their areas of responsibility: 

Provided, That projects (including any ancillary or related elements 

in connection with such project) executed under this authority shall 

not exceed $20,000,000: Provided further, That not later than 45 

days after the end of each fiscal year quarter, the Secretary of 

Defense shall submit to the congressional defense committees a 

report regarding the source of funds and the allocation and use 

of funds during that quarter that were made available pursuant 

to the authority provided in this section or under any other provision 

of law for the purposes described herein: Provided further, That, 

not later than 30 days after the end of each month, the Army 

shall submit to the congressional defense committees monthly 

commitment, obligation, and expenditure data for the Commander’s 

Emergency Response Program in Iraq and Afghanistan: Provided 

further, That not less than 15 days before making funds available 

pursuant to the authority provided in this section or under any 

other provision of law for the purposes described herein for a 

project with a total anticipated cost for completion of $5,000,000 

or more, the Secretary shall submit to the congressional defense 

committees a written notice containing each of the following: 

(1) The location, nature and purpose of the proposed project, 

including how the project is intended to advance the military 

campaign plan for the country in which it is to be carried 

out. 

(2) The budget, implementation timeline with milestones, 

and completion date for the proposed project, including any 

other CERP funding that has been or is anticipated to be 

contributed to the completion of the project. 

(3) A plan for the sustainment of the proposed project, 

including the agreement with either the host nation, a nonDeadline. 

Notification. 

Deadlines. 

Data. 

Deadlines. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 100 PUBLIC LAW 112–10—APR. 15, 2011 

Department of Defense agency of the United States Government 

or a third party contributor to finance the sustainment of 

the activities and maintenance of any equipment or facilities 

to be provided through the proposed project. 

SEC. 9006. Funds available to the Department of Defense for 

operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, 

including airlift and sealift, and other logistical support to coalition 

forces supporting military and stability operations in Iraq and 

Afghanistan: Provided, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees regarding 

support provided under this section. 

SEC. 9007. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

(3) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Afghanistan. 

SEC. 9008. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations. 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 

2006 (Public Law 109–148). 

SEC. 9009. (a) The Secretary of Defense shall submit to the 

congressional defense committees not later than 45 days after the 

end of each fiscal quarter a report on the proposed use of all 

funds appropriated by this or any prior Act under each of the 

headings Iraq Security Forces Fund, Afghanistan Security Forces 

Fund, Afghanistan Infrastructure Fund, and Pakistan Counterinsurgency Fund on a project-by-project basis, for which the obligation of funds is anticipated during the 3-month period from such 

date, including estimates for the accounts referred to in this section 

of the costs required to complete each such project. 

(b) The report required by this subsection shall include the 

following: 

(1) The use of all funds on a project-by-project basis for 

which funds appropriated under the headings referred to in 

subsection (a) were obligated prior to the submission of the 

report, including estimates for the accounts referred to in subsection (a) of the costs to complete each project. 

Deadlines. 

Reports. 

Time period. 

Deadlines. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 101 

(2) The use of all funds on a project-by-project basis for 

which funds were appropriated under the headings referred 

to in subsection (a) in prior appropriations Acts, or for which 

funds were made available by transfer, reprogramming, or 

allocation from other headings in prior appropriations Acts, 

including estimates for the accounts referred to in subsection 

(a) of the costs to complete each project. 

(3) An estimated total cost to train and equip the Iraq, 

Afghanistan, and Pakistan security forces, disaggregated by 

major program and sub-elements by force, arrayed by fiscal 

year. 

SEC. 9010. Funds made available in this title to the Department 

of Defense for operation and maintenance may be used to purchase 

items having an investment unit cost of not more than $250,000: 

Provided, That, upon determination by the Secretary of Defense 

that such action is necessary to meet the operational requirements 

of a Commander of a Combatant Command engaged in contingency 

operations overseas, such funds may be used to purchase items 

having an investment item unit cost of not more than $500,000. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9011. Of the funds appropriated by this Act for the Office 

of the Director of National Intelligence, $3,375,000 is available, 

as specified in the classified annex, for transfer to other departments and agencies of the Federal Government. 

SEC. 9012. (a) The Task Force for Business and Stability Operations in Afghanistan may, subject to the direction and control 

of the Secretary of Defense and with the concurrence of the Secretary of State, carry out projects in fiscal year 2011 to assist 

the commander of the United States Central Command in developing a link between United States military operations in Afghanistan under Operation Enduring Freedom and the economic elements 

of United States national power in order to reduce violence, enhance 

stability, and restore economic normalcy in Afghanistan through 

strategic business and economic opportunities. 

(b) The projects carried out under paragraph (a) may include 

projects that facilitate private investment, industrial development, 

banking and financial system development, agricultural diversification and revitalization, and energy development in and with respect 

to Afghanistan. 

(c) The Secretary may use up to $150,000,000 of the funds 

available for overseas contingency operations in ‘‘Operation and 

Maintenance, Army’’ for additional activities to carry out projects 

under paragraph (a). 

SEC. 9013. (a) Not more than 85 percent of the funds provided 

in this title for Operation and Maintenance may be available for 

obligation or expenditure until the date on which the Secretary 

of Defense submits the report under subsection (b). 

(b) Not later than 120 days after the date of the enactment 

of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on contractor employees in the 

United States Central Command, including— 

(1) the number of employees of a contractor awarded a 

contract by the Department of Defense (including subcontractor 

employees) who are employed at the time of the report in 

the area of operations of the United States Central Command, 

Deadline. 

Reports. 

Determination. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 102 PUBLIC LAW 112–10—APR. 15, 2011 

including a list of the number of such employees in each of 

Iraq, Afghanistan, and all other areas of operations of the 

United States Central Command; and 

(2) for each fiscal year quarter beginning on the date of 

the report and ending on September 30, 2012— 

(A) the number of such employees planned by the 

Secretary to be employed during each such period in each 

of Iraq, Afghanistan, and all other areas of operations 

of the United States Central Command; and 

(B) an explanation of how the number of such 

employees listed under subparagraph (A) relates to the 

planned number of military personnel in such locations. 

SEC. 9014. From funds made available in this title to the 

Department of Defense for operation and maintenance, up to 

$129,100,000 may be used by the Secretary of Defense, notwithstanding any other provision of law, to support the United States 

Government transition activities in Iraq by undertaking facilities 

renovation and construction associated with establishing Office of 

Security Cooperation locations, at no more than four sites, in Iraq: 

Provided, That not less than 15 days before making funds available 

pursuant to the authority provided in this section, the Secretary 

shall submit to the congressional defense committees a written 

notice containing a detailed justification and timeline for each proposed site and the source of funds. 

SEC. 9015. Any reference to ‘‘this Act’’ in this division shall 

apply solely to this division. 

This division may be cited as the ‘‘Department of Defense 

Appropriations Act, 2011’’. 

DIVISION B—FULL-YEAR CONTINUING 

APPROPRIATIONS, 2011 

The following sums are hereby appropriated, out of any money 

in the Treasury not otherwise appropriated, and out of applicable 

corporate or other revenues, receipts, and funds, for the several 

departments, agencies, corporations, and other organizational units 

of Government for fiscal year 2011, and for other purposes, namely: 

TITLE I—GENERAL PROVISIONS 

SEC. 1101. (a) Such amounts as may be necessary, at the 

level specified in subsection (c) and under the authority and conditions provided in applicable appropriations Acts for fiscal year 2010, 

for projects or activities (including the costs of direct loans and 

loan guarantees) that are not otherwise specifically provided for, 

and for which appropriations, funds, or other authority were made 

available in the following appropriations Acts: 

(1) The Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2010 

(Public Law 111–80). 

(2) The Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85). 

(3) The Department of Homeland Security Appropriations 

Act, 2010 (Public Law 111–83). 

(4) The Department of the Interior, Environment, and 

Related Agencies Appropriations Act, 2010 (division A of Public 

Law 111–88). 

Full-Year 

Continuing 

Appropriations 

Act, 2011. 

1 USC 1 note. 

Deadline. 

Notification. 

Time period. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 103 

(5) The Legislative Branch Appropriations Act, 2010 (division A of Public Law 111–68). 

(6) The Consolidated Appropriations Act, 2010 (Public Law 

111–117). 

(7) Section 102(c) (except the last proviso relating to waiver 

of fees) of chapter 1 of title I of the Supplemental Appropriations Act, 2010 (Public Law 111–212) that addresses guaranteed 

loans in the rural housing insurance fund. 

(b) For purposes of this division, the term ‘‘level’’ means an 

amount. 

(c) The level referred to in subsection (a) shall be the amounts 

appropriated in the appropriations Acts referred to in such subsection, including transfers and obligation limitations, except that— 

(1) such level shall not include any amount previously 

designated as an emergency requirement and necessary to meet 

emergency needs pursuant to sections 403(a) and 423(b) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution 

on the budget for fiscal year 2010; and 

(2) such level shall be calculated without regard to any 

rescission or cancellation of funds or contract authority. 

SEC. 1102. Appropriations made by section 1101 shall be available to the extent and in the manner that would be provided 

by the pertinent appropriations Act. 

SEC. 1103. Appropriations provided by this division that, in 

the applicable appropriations Act for fiscal year 2010, carried a 

multiple-year or no-year period of availability shall retain a comparable period of availability. 

SEC. 1104. Except as otherwise expressly provided in this division, the requirements, authorities, conditions, limitations, and 

other provisions of the appropriations Acts referred to in section 

1101(a) shall continue in effect through the date specified in section 

1106. 

SEC. 1105. No appropriation or funds made available or 

authority granted pursuant to section 1101 shall be used to initiate 

or resume any project or activity for which appropriations, funds, 

or other authority were specifically prohibited during fiscal year 

2010. 

SEC. 1106. Unless otherwise provided for in this division or 

in the applicable appropriations Act, appropriations and funds made 

available and authority granted pursuant to this division shall 

be available through September 30, 2011. 

SEC. 1107. Expenditures made pursuant to the Continuing 

Appropriations Act, 2011 (Public Law 111–242), shall be charged 

to the applicable appropriation, fund, or authorization provided 

by this division. 

SEC. 1108. Funds appropriated by this division may be obligated 

and expended notwithstanding section 10 of Public Law 91–672 

(22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

6212), and section 504(a)(1) of the National Security Act of 1947 

(50 U.S.C. 414(a)(1)). 

SEC. 1109. (a) For entitlements and other mandatory payments 

whose budget authority was provided in appropriations Acts for 

fiscal year 2010, and for activities under the Food and Nutrition 

Act of 2008, the levels established by section 1101 shall be the 

amounts necessary to maintain program levels under current law 

Extension date. 

Definition. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 104 PUBLIC LAW 112–10—APR. 15, 2011 

and under the authority and conditions provided in the applicable 

appropriations Acts for fiscal year 2010. 

(b) In addition to the amounts otherwise provided by section 

1101, the following amounts shall be available for the following 

accounts for advance payments for the first quarter of fiscal year 

2012: 

(1) ‘‘Department of Labor, Employment Standards Administration, Special Benefits for Disabled Coal Miners’’, for benefit 

payments under title IV of the Federal Mine Safety and Health 

Act of 1977, $41,000,000, to remain available until expended. 

(2) ‘‘Department of Health and Human Services, Centers 

for Medicare and Medicaid Services, Grants to States for Medicaid’’, for payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act, 

$86,445,289,000, to remain available until expended. 

(3) ‘‘Department of Health and Human Services, Administration for Children and Families, Payments to States for Child 

Support Enforcement and Family Support Programs’’, for payments to States or other non-Federal entities under titles I, 

IV–D, X, XI, XIV, and XVI of the Social Security Act and 

the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,200,000,000, to 

remain available until expended. 

(4) ‘‘Department of Health and Human Services, Administration for Children and Families, Payments to States for Foster 

Care and Permanency’’, for payments to States or other nonFederal entities under title IV–E of the Social Security Act, 

$1,850,000,000. 

(5) ‘‘Social Security Administration, Supplemental Security 

Income Program’’, for benefit payments under title XVI of the 

Social Security Act, $13,400,000,000, to remain available until 

expended. 

SEC. 1110. Amounts incorporated by reference in this division 

that were previously designated as available for overseas deployments and other activities pursuant to S. Con. Res. 13 (111th 

Congress), the concurrent resolution on the budget for fiscal year 

2010, are designated as being for contingency operations directly 

related to the global war on terrorism pursuant to section 3(c)(2) 

of H. Res. 5 (112th Congress) and as an emergency requirement 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

SEC. 1111. Any language specifying an earmark in an appropriations Act for fiscal year 2010, or in a committee report or 

joint explanatory statement accompanying such an Act, shall have 

no legal effect with respect to funds appropriated by this division. 

For purposes of this section, the term ‘‘earmark’’ means a congressional earmark or congressionally directed spending item, as defined 

in clause 9(e) of rule XXI of the Rules of the House of Representatives and paragraph 5(a) of rule XLIV of the Standing Rules of 

the Senate. 

SEC. 1112. Notwithstanding section 1101, none of the funds 

appropriated or otherwise made available in this division or any 

other Act (including division A of this Act) may be used to transfer, 

release, or assist in the transfer or release to or within the United 

States, its territories, or possessions Khalid Sheikh Mohammed 

or any other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

Khalid Sheikh 

Mohammed. 

Definition. 

Earmark. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 105 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 1113. (a)(1) Notwithstanding section 1101, except as provided in paragraph (2), none of the funds appropriated or otherwise 

made available in this division or any other Act (including division 

A of this Act) may be used to transfer any individual detained 

at Guantanamo to the custody or effective control of the individual’s 

country of origin, any other foreign country, or any other foreign 

entity unless the Secretary of Defense submits to Congress the 

certification described in subsection (b) by not later than 30 days 

before the transfer of the individual. 

(2) Paragraph (1) shall not apply to any action taken by the 

Secretary of Defense to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United 

States having lawful jurisdiction. The Secretary of Defense shall 

notify Congress promptly upon issuance of any such order. 

(b) The certification described in this subsection is a written 

certification made by the Secretary of Defense, with the concurrence 

of the Secretary of State, that the government of the foreign country 

or the recognized leadership of the foreign entity to which the 

individual detained at Guantanamo is to be transferred— 

(1) is not a designated state sponsor of terrorism or a 

designated foreign terrorist organization; 

(2) maintains effective control over each detention facility 

in which an individual is to be detained if the individual is 

to be housed in a detention facility; 

(3) is not, as of the date of the certification, facing a 

threat that is likely to substantially affect its ability to exercise 

control over the individual; 

(4) has agreed to take effective steps to ensure that the 

individual cannot take action to threaten the United States, 

its citizens, or its allies in the future; 

(5) has taken such steps as the Secretary determines are 

necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and 

(6) has agreed to share any information with the United 

States that— 

(A) is related to the individual or any associates of 

the individual; and 

(B) could affect the security of the United States, its 

citizens, or its allies. 

(c)(1) Except as provided in paragraph (3), none of the funds 

appropriated or otherwise made available in this division or any 

other Act (including division A of this Act) may be used to transfer 

any individual detained at Guantanamo to the custody or effective 

control of the individual’s country of origin, any other foreign 

country, or any other foreign entity if there is a confirmed case 

of any individual who was detained at United States Naval Station, 

Guantanamo Bay, Cuba, at any time after September 11, 2001, 

who was transferred to the foreign country or entity and subsequently engaged in any terrorist activity. 

(2) The Secretary of Defense may waive the prohibition in 

paragraph (1) if the Secretary determines that such a transfer 

is in the national security interests of the United States and 

includes, as part of the certification described in subsection (b) 

Waiver authority. 

Determination. 

Notification. 

Cuba 

Certification. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 106 PUBLIC LAW 112–10—APR. 15, 2011 

relating to such transfer, the determination of the Secretary under 

this paragraph. 

(3) Paragraph (1) shall not apply to any action taken by the 

Secretary to transfer any individual detained at Guantanamo to 

effectuate an order affecting the disposition of the individual that 

is issued by a court or competent tribunal of the United States 

having lawful jurisdiction. The Secretary shall notify Congress 

promptly upon issuance of any such order. 

(d) For the purposes of this section: 

(1) The term ‘‘individual detained at Guantanamo’’ means 

any individual who is located at United States Naval Station, 

Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(A) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the effective control 

of the Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(2) The term ‘‘foreign terrorist organization’’ means any 

organization so designated by the Secretary of State under 

section 219 of the Immigration and Nationality Act (8 U.S.C. 

1189). 

SEC. 1114. (a) Notwithstanding section 1101, none of the funds 

appropriated or otherwise made available by this division or any 

other Act (including division A of this Act) may be used to construct 

or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the 

purposes of detention or imprisonment in the custody or under 

the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

SEC. 1115. Section 1(b)(2) of the Passport Act of June 4, 1920 

(22 U.S.C. 214(b)(2)) shall be applied by substituting the date 

specified in section 1106 of this division for ‘‘September 30, 2010’’. 

SEC. 1116. (a) Section 1115(d) of Public Law 111–32 shall 

be applied by substituting the date specified in section 1106 of 

this division for ‘‘October 1, 2010’’. 

(b) Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 

4064(g)) shall be applied by substituting the date specified in section 

1106 of this division for ‘‘October 1, 2010’’ in paragraph (2). 

(c) Section 61(a) of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting 

the date specified in section 1106 of this division for ‘‘October 

1, 2010’’ in paragraph (2). 

Applicability. 

Applicability. 

Definitions. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 107 

(d) Section 625(j)(1) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2385(j)(1)) shall be applied by substituting the date 

specified in section 1106 of this division for ‘‘October 1, 2010’’ 

in subparagraph (B). 

SEC. 1117. The authority provided by section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) 

shall remain in effect through the date specified in section 1106 

of this division. 

SEC. 1118. With respect to any discretionary account for which 

advance appropriations were provided for fiscal year 2011 or 2012 

in an appropriations Act for fiscal year 2010, in addition to amounts 

otherwise made available by this Act, advance appropriations are 

provided in the same amount for fiscal year 2012 or 2013, respectively, with a comparable period of availability. 

SEC. 1119. (a) ACROSS-THE-BOARD RESCISSIONS.—There is 

hereby rescinded an amount equal to 0.2 percent of— 

(1) the budget authority provided for fiscal year 2011 for 

any discretionary account of this division; and 

(2) the budget authority provided in any advance appropriation for fiscal year 2011 for any discretionary account in any 

prior fiscal year appropriation Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in such subsection; and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act or accompanying reports 

referenced in section 1101 covering such account or item). 

(c) EXCEPTIONS.—This section shall not apply to— 

(1) discretionary authority appropriated or otherwise made 

available by division A of this Act; or 

(2) discretionary authority appropriated or otherwise made 

available by division B of this Act and 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. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section, the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 

of the House of Representatives and the Senate a report specifying 

the account and amount of each rescission made pursuant to this 

section. 

TITLE II—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

SEC. 1201. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of the Secretary’’ shall be $5,061,000. 

SEC. 1202. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of Tribal Relations’’ shall be $499,000. 

SEC. 1203. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Executive Operations, Office of Chief Economist’’ 

shall be $12,032,000. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 108 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1204. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Executive Operations, National Appeals Division’’ 

shall be $14,254,000. 

SEC. 1205. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Executive Operations, Office of Homeland Security’’ 

shall be $1,499,000. 

SEC. 1206. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of Advocacy and Outreach’’ shall be 

$1,425,000. 

SEC. 1207. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of the Chief Information Officer’’ shall be 

$40,000,000. 

SEC. 1208. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of the Chief Financial Officer’’ shall be 

$6,260,000. 

SEC. 1209. Notwithstanding section 1101, the level for ‘‘Agricul- tural Programs, Office of Civil Rights’’ shall be $22,737,000. 

SEC. 1210. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Agriculture Buildings and Facilities and Rental 

Payments’’ shall be $246,970,000, of which $178,470,000 shall be 

available for payments to the General Services Administration for 

rent; of which $13,500,000 shall be for payment to the Department 

of Homeland Security for building and security activities; and of 

which $55,000,000 shall be for buildings operations and maintenance expenses. 

SEC. 1211. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Hazardous Materials Management’’ shall be 

$4,000,000. 

SEC. 1212. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Departmental Administration’’ shall be 

$29,706,000. 

SEC. 1213. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of the Assistant Secretary for Congressional 

Relations’’ shall be $3,877,000. 

SEC. 1214. Notwithstanding section 1101, the level for ‘‘Agricul- tural Programs, Office of Communications’’ shall be $9,499,000. 

SEC. 1215. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office of the General Counsel’’ shall be $41,499,000. 

SEC. 1216. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Economic Research Service’’ shall be $81,978,000. 

SEC. 1217. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, National Agricultural Statistics Service’’ shall be 

$156,761,000: Provided, That the amounts included under such 

heading in Public Law 111–80 shall be applied to funds appropriated by this division by substituting ‘‘$33,139,000’’ for 

‘‘$37,908,000’’. 

SEC. 1218. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Agricultural Research Service, Salaries and 

Expenses’’ shall be $1,135,501,000. 

SEC. 1219. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Agricultural Research Service, Buildings and Facilities’’ shall be $0. 

SEC. 1220. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, National Institute of Food and Agriculture, 

Research and Education Activities’’ shall be $700,140,000: Provided, 

That the amounts included under such heading in Public Law 

111–80 shall be applied to funds appropriated by this division 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 109 

by substituting ‘‘$236,808,000’’ for ‘‘$215,000,000’’; by substituting 

‘‘$33,000,000’’ for ‘‘$29,000,000’’; by substituting ‘‘$51,000,000’’ for 

‘‘$48,500,000’’; by substituting ‘‘$265,000,000’’ for ‘‘$262,482,000’’; 

by substituting ‘‘$2,844,000’’ for ‘‘$89,029,000’’; by substituting 

‘‘$19,375,000’’ for ‘‘$18,250,000’’; and by substituting ‘‘$11,253,000’’ 

for ‘‘$45,122,000’’. 

SEC. 1221. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, National Institute of Food and Agriculture, Extension Activities’’ shall be $480,092,000: Provided, That the amounts 

included under such heading in Public Law 111–80 shall be applied 

to funds appropriated by this division by substituting 

‘‘$294,500,000’’ for ‘‘$297,500,000’’ and by substituting ‘‘$8,565,000’’ 

for ‘‘$20,396,000’’. 

SEC. 1222. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, National Institute of Food and Agriculture, 

Integrated Activities’’ shall be ‘$37,000,000’’: Provided, That the 

amounts included under such heading in Public Law 111–80 shall 

be applied to funds appropriated by this division by substituting 

‘‘$29,000,000’’ for ‘‘$45,148,000’’; by substituting ‘‘$9,000,000’’ for 

‘‘$12,649,000’’; by substituting ‘‘$11,000,000’’ for ‘‘$14,596,000’’; by 

substituting ‘‘$3,000,000’’ for ‘‘$4,096,000’’; by substituting ‘‘$0’’ for 

‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; by substituting 

‘‘$2,000,000’’ for ‘‘$3,054,000’’; by substituting ‘‘$4,000,000’’ for 

‘‘$5,000,000’’; by substituting ‘‘$1,000,000’’ for ‘‘$3,000,000’’; by substituting ‘‘$0’’ for ‘‘$732,000’’; by substituting ‘‘$1,000,000’’ for 

‘‘$1,312,000’’; and by substituting ‘‘$6,000,000’’ for ‘‘$9,830,000’’. 

SEC. 1223. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Animal and Plant Health Inspection Service, Salaries and Expenses’’ shall be $865,000,000: Provided, That the 

amounts included under such heading in Public Law 111–80 shall 

be applied to funds appropriated by this division by substituting 

‘‘$40,000,000’’ for ‘‘$60,243,000’’ and by substituting ‘‘$21,000,000’’ 

for ‘‘$23,390,000’’. 

SEC. 1224. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Animal and Plant Health Inspection Service, 

Buildings and Facilities’’ shall be $3,536,000. 

SEC. 1225. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Agricultural Marketing Service, Marketing Services’’ shall be $86,711,000. 

SEC. 1226. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Agricultural Marketing Service, Limitation on 

Administrative Expenses’’ shall be $60,947,000 (from fees collected). 

SEC. 1227. The amounts included under the heading ‘‘Agricultural Programs, Agricultural Marketing Service, Funds for 

Strengthening Markets, Income, and Supply (Section 32)’’ in Public 

Law 111–80 shall be applied to funds appropriated by this division 

by substituting ‘‘$0’’ for ‘‘$10,000,000’’. 

SEC. 1228. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Grain Inspection, Packers and Stockyards Administration, Salaries and Expenses’’ shall be $40,342,000. 

SEC. 1229. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Grain Inspection, Packers and Stockyards Administration, Limitation on Inspection and Weighing Services Expenses’’ 

shall be $47,500,000 (from fees collected). 

SEC. 1230. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Food Safety and Inspection Service’’ shall be 

$1,008,520,000: Provided, That the Food Safety and Inspection 

Applicability. 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 110 PUBLIC LAW 112–10—APR. 15, 2011 

Service shall continue implementation of section 11016 of Public 

Law 110–246. 

SEC. 1231. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Farm Service Agency, Salaries and Expenses’’ shall 

be $1,210,711,000. 

SEC. 1232. Notwithstanding Section 1101, the level for ‘‘Agricultural Programs, Farm Service Agency, State Mediation Grants’’ 

shall be $4,185,000. 

SEC. 1233. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Farm Service Agency, Grassroots Source Water 

Protection Program’’ shall be $4,250,000. 

SEC. 1234. The amounts included under the heading ‘‘Agricultural Programs, Farm Service Agency, Agricultural Credit Insurance Fund Program Account’’ in Public Law 111–80 shall be applied 

to funds appropriated by this division by substituting 

‘‘$1,975,000,000’’ for ‘‘$2,150,000,000’’; by substituting 

‘‘$475,000,000’’ for ‘‘$650,000,000’’; by substituting ‘‘$2,572,343,000’’ 

for ‘‘$2,670,000,000’’; by substituting ‘‘$122,343,000’’ for 

‘‘$170,000,000’’; by substituting ‘‘$950,000,000’’ for ‘‘$1,000,000,000’’; 

by substituting ‘‘$0’’ for ‘‘$150,000,000’’; by substituting ‘‘$0’’ for 

‘‘$75,000,000’’ the first and second place it appears; by substituting 

‘‘$0’’ for ‘‘$10,000,000’’; by substituting ‘‘$38,570,000’’ for 

‘‘$32,070,000’’; by substituting ‘‘$32,870,000’’ for ‘‘$26,520,000’’; by 

substituting ‘‘$5,700,000’’ for ‘‘$5,550,000’’; by substituting 

‘‘$109,410,000’’ for ‘‘$106,402,000’’; by substituting ‘‘$57,540,000’’ 

for ‘‘$47,400,000’’; by substituting ‘‘$34,950,000’’ for ‘‘$35,100,000’’; 

by substituting ‘‘$16,920,000’’ for ‘‘$23,902,000’’; by substituting ‘‘$0’’ 

for ‘‘$1,065,000’’; by substituting ‘‘$0’’ for ‘‘$1,343,000’’; by substituting ‘‘$0’’ for ‘‘$278,000’’; by substituting ‘‘$0’’ for ‘‘$793,000’’; 

by substituting ‘‘$313,508,000’’ for ‘‘$321,093,000’’; and by substituting ‘‘$305,588,000’’ for ‘‘$313,173,000’’. Funds appropriated by 

this division to such heading for farm ownership, operating, direct 

and guaranteed loans may be transferred among these programs: 

Provided, That the Secretary of Agriculture shall notify the Committees on Appropriations of the House of Representatives and the 

Senate at least 15 days in advance of any transfer. 

SEC. 1235. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Risk Management Agency’’ shall be $79,000,000. 

SEC. 1236. Notwithstanding section 1101, the level for ‘‘Conservation Programs, Natural Resources Conservation Service, Conservation Operations’’ shall be $872,247,000. 

SEC. 1237. Notwithstanding section 1101, the level for ‘‘Conservation Programs, Natural Resources Conservation Service, 

Watershed and Flood Prevention Operations’’ shall be $0. 

SEC. 1238. Notwithstanding section 1101, the level for ‘‘Conservation Programs, Natural Resources Conservation Service, 

Watershed Rehabilitation Program’’ shall be $18,000,000. 

SEC. 1239. Notwithstanding section 1101, the level for ‘‘Conservation Programs, Natural Resources Conservation Service, 

Resource Conservation and Development’’ shall be $0. 

SEC. 1240. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Development, Salaries and 

Expenses’’ shall be $191,987,000. 

SEC. 1241. The amounts included under the heading ‘‘Rural 

Development Programs, Rural Housing Service, Rural Housing 

Insurance Fund Program Account’’ in Public Law 111–80 for gross 

obligations for the principal amount of direct and guaranteed loans 

Applicability. 

Notification. 

Deadline. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 111 

as authorized by title V of the Housing Act of 1949 shall be applied 

to funds appropriated by this division by substituting 

‘‘$25,121,406,000’’ for ‘‘$13,121,488,000’’; by substituting 

‘‘$1,121,406,000’’ for ‘‘$1,121,488,000’’; by substituting 

‘‘$24,000,000,000’’ for ‘‘$12,000,000,000’’; by substituting 

‘‘$23,360,000’’ for ‘‘$34,412,000’’; by substituting ‘‘$30,960,000’’ for 

‘‘$129,090,000’’; by substituting ‘‘$5,052,000’’ for ‘‘$5,045,000’’; and 

by substituting ‘‘$4,966,000’’ for ‘‘$4,970,000’’. 

SEC. 1242. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rural Housing 

Insurance Fund Program Account’’ for the cost of direct and guaranteed loans, including the cost of modifying loans, authorized by 

section 502 of the Housing Act of 1949 shall be $70,200,000: Provided, That the amounts included for such costs under such heading 

in Public Law 111–80 shall be applied to funds appropriated by 

this division by substituting ‘‘$70,200,000’’ for ‘‘$40,710,000’’ in the 

case of direct loans and by substituting ‘‘$0’’ for ‘‘$172,800,000’’ 

in the case of unsubsidized guaranteed loans. 

SEC. 1243. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rural Housing 

Insurance Fund Program Account’’ for the cost of repair, rehabilitation, and new construction of rental housing authorized by section 

515 of the Housing Act of 1949 shall be $23,446,000. 

SEC. 1244. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rural Housing 

Insurance Fund Program Account’’ for the cost of multi-family 

housing guaranteed loans authorized by section 538 of the Housing 

Act of 1949 shall be $3,000,000. 

SEC. 1245. In addition to amounts otherwise appropriated or 

made available by this division, there is appropriated to the Secretary of Agriculture $288,000 for section 523 self-help housing 

land development loans authorized by section 523 of the Housing 

Act of 1949 and $294,000 for site development loans authorized 

by section 524 of such Act. 

SEC. 1246. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rural Housing 

Insurance Fund Program Account’’ for administrative expenses necessary to carry out the direct and guaranteed loan programs shall 

be $454,383,000. 

SEC. 1247. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rental Assistance 

Program’’ shall be $955,635,000: Provided, That the amounts 

included under such heading in Public Law 111–80 shall be applied 

to funds appropriated by this division by substituting ‘‘$0’’ for 

‘‘$5,958,000’’; and by substituting ‘‘$3,000,000’’ for ‘‘$3,400,000’’. 

SEC. 1248. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Multi-Family 

Housing Revitalization Program Account’’ shall be $30,000,000: Provided, That the amounts included under such heading in Public 

Law 111–80 shall be applied to funds appropriated by this division 

by substituting ‘‘$14,000,000’’ for ‘‘$16,400,000’’; by substituting 

‘‘$15,000,000’’ for ‘‘$25,000,000’’; and by substituting ‘‘$1,000,000’’ 

for ‘‘$1,791,000’’. 

SEC. 1249. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Mutual and SelfHelp Housing Grants’’ shall be $37,000,000. 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 112 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1250. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rural Housing 

Assistance Grants’’ shall be $40,400,000: Provided, That the 

amounts included under such heading in Public Law 111–80 shall 

be applied to funds appropriated by substituting ‘‘$0’’ for 

‘‘$4,000,000’’. 

SEC. 1251. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Housing Service, Rural Community 

Facilities Program Account’’ shall be $41,462,000: Provided, That 

the amounts included under such heading in Public Law 111– 

80 shall be applied to funds appropriated by this division by substituting ‘‘$5,000,000’’ for ‘‘$6,256,000’’; and by substituting 

‘‘$7,000,000’’ for ‘‘$13,902,000’’. 

SEC. 1252. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Business–Cooperative Service, Rural 

Business Program Account’’ shall be $85,451,000. 

SEC. 1253. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Business–Cooperative Service, Rural 

Development Loan Fund Program Account’’ for the principal amount 

of direct loans as authorized by Rural Development Loan Fund 

shall be $19,181,000; and for the cost of direct loans, $7,400,000. 

SEC. 1254. Notwithstanding section 1101, in connection with 

the ‘‘Rural Development Programs, Rural Business–Cooperative 

Service, Rural Economic Development Loans Program Account’’, 

of the funds derived from interest on the cushion of credit payments, 

as authorized by section 313 of the Rural Electrification Act of 

1936, $207,000,000 shall not be obligated and $207,000,000 is 

rescinded. 

SEC. 1255. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Business–Cooperative Service, Rural 

Cooperative Development Grants’’ shall be $30,254,000: Provided, 

That the amounts included under such heading in Public Law 

111–80 shall be applied to funds appropriated by this division 

by substituting ‘‘$0’’ for ‘‘$300,000’’; by substituting ‘‘$0’’ for 

‘‘$2,800,000’’; and by substituting ‘‘$18,867,000’’ for ‘‘$20,367,000’’. 

SEC. 1256. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Business–Cooperative Service, Rural 

Microenterprise Investment Program Account’’ shall be $0. 

SEC. 1257. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Business–Cooperative Service, Rural 

Energy for America Program’’ shall be $5,000,000. 

SEC. 1258. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Utilities Service, Rural Water and 

Waste Disposal Program Account’’ shall be $529,002,000: Provided, 

That the amounts included under such heading in Public Law 

111–80 shall be applied to funds appropriated by this division 

by substituting ‘‘$12,000,000’’ for ‘‘$17,500,000’’. 

SEC. 1259. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Utilities Service, Rural Electrification and Telecommunications Loans Program Account’’ for the cost 

of guaranteed underwriting loans pursuant to section 313A shall 

be $700,000: Provided, That, notwithstanding section 6106(b) of 

the Food, Conservation, and Energy Act of 2008, a guaranteed 

underwriting loan may not be issued until the Secretary of Agriculture certifies to the Committees on Appropriations of the House 

Certification. 

Applicability. 

Applicability. 

Rescission. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 113 

and Senate that the regulations governing the program fully implement the requirements of section 6106(a) of the Food, Conservation, 

and Energy Act of 2008. 

SEC. 1260. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Utilities Service, Rural Electrification and Telecommunications Loans Program Account’’ for administrative expenses necessary to carry out the direct and guaranteed 

loan programs shall be $38,374,000. 

SEC. 1261. Notwithstanding section 1101, the level for ‘‘Rural 

Development Programs, Rural Utilities Service, Distance Learning, 

Telemedicine, and Broadband Program’’ for the cost of grants for 

telemedicine and distance learning services in rural areas, as 

authorized by 7 U.S.C. 950aaa et seq. shall be $32,500,000. 

SEC. 1262. Notwithstanding section 1101, the level for ‘‘Rural 

Development, Rural Utilities Service, Distance Learning, Telemedicine, and Broadband Program’’ for the cost of broadband loans, 

as authorized by section 601 of the Rural Electrification Act shall 

be $22,320,000. In addition, $13,406,000, to remain available until 

expended, for a grant program to finance broadband transmission 

in rural areas eligible for Distance Learning and Telemedicine 

Program benefits authorized by 7 U.S.C. 950aaa. 

SEC. 1263. Notwithstanding the section 1101, the level for 

‘‘Domestic Food Programs, Food and Nutrition Service, Child Nutrition Programs’’ in Public Law 111–80 shall be applied to funds 

appropriated by this division by substituting ‘‘$0’’ for ‘‘$1,000,000’’ 

and by substituting ‘‘$0’’ for ‘‘$5,000,000’’, and shall be applied 

to funds made available under section 32 of the Act of August 

24, 1935 (7 U.S.C. 612c) by substituting ‘‘$5,277,574,000’’ for 

‘‘$6,747,877,000’’ and by substituting ‘‘$0’’ for ‘‘$242,022,000’’. 

SEC. 1264. Notwithstanding section 1101, the level for 

‘‘Domestic Food Programs, Food and Nutrition Service, Special 

Supplemental Nutrition Program for Women, Infants, and Children 

(WIC)’’ shall be $6,747,522,000: Provided, That the amounts 

included under such heading in Public Law 111–80 shall be applied 

to funds appropriated by this division by substituting ‘‘$35,000,000’’ 

for ‘‘$60,000,000’’. 

SEC. 1265. Notwithstanding section 1101, the level for 

‘‘Domestic Food Programs, Food and Nutrition Service, Commodity 

Assistance Program’’, shall be $246,619,000, of which $176,049,000 

shall be for the Commodity Supplemental Food Program: Provided, 

That the amounts included under such heading in Public Law 

111–80 shall be applied to funds appropriated by this division 

by substituting ‘‘$0’’ for ‘‘$6,000,000’’. 

SEC. 1266. Notwithstanding section 1101, the level for ‘‘Foreign 

Assistance and Related Programs, Foreign Agricultural Service, 

Salaries and Expenses’’ shall be $186,000,000. 

SEC. 1267. Notwithstanding section 1101, the level for ‘‘Foreign 

Assistance and Related Programs, Foreign Agricultural Service, 

Food for Peace Title II Grants’’ shall be $1,500,000,000. 

SEC. 1268. Notwithstanding section 1101, the level for ‘‘Foreign 

Assistance and Related Programs, Foreign Agricultural Service, 

McGovern-Dole International Food for Education and Child Nutrition Program Grants’’ shall be $199,500,000. 

SEC. 1269. Notwithstanding section 1101, the level for ‘‘Related 

Agencies and Food and Drug Administration, Food and Drug 

Administration, Salaries and Expenses’’ shall be $3,655,687,000: 

Provided, That of the amount provided under this heading, 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 114 PUBLIC LAW 112–10—APR. 15, 2011 

$667,057,000 shall be derived from prescription drug user fees 

authorized by section 736 of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 379h), shall be credited to this account and remain 

available until expended, and shall not include any fees pursuant 

to paragraphs (2) and (3) of section 736(a) of such Act (21 U.S.C. 

379h(a)(2) and (a)(3)) assessed for fiscal year 2012 but collected 

in fiscal year 2011; $61,860,000 shall be derived from medical 

device user fees authorized by section 738 of such Act (21 U.S.C. 

379j), and shall be credited to this account and remain available 

until expended; $19,448,000 shall be derived from animal drug 

user fees authorized by section 740 of such Act (21 U.S.C. 379j– 

12), and shall be credited to this account and remain available 

until expended; $5,397,000 shall be derived from animal generic 

drug user fees authorized by section 741 of such Act (21 U.S.C. 

379f), and shall be credited to this account and shall remain available until expended; and $450,000,000 shall be derived from tobacco 

product user fees authorized by section 919 of such Act (21 U.S.C. 

387s) and shall be credited to this account and remain available 

until expended: Provided further, That in addition and notwithstanding any other provision under this heading, amounts collected 

for prescription drug user fees that exceed the fiscal year 2011 

limitation are appropriated and shall be credited to this account 

and remain available until expended: Provided further, That fees 

derived from prescription drug, medical device, animal drug, animal 

generic drug, and tobacco product assessments for fiscal year 2011 

received during fiscal year 2011, including any such fees assessed 

prior to fiscal year 2011 but credited for fiscal year 2011, shall 

be subject to the fiscal year 2011 limitations: Provided further, 

That none of these funds shall be used to develop, establish, or 

operate any program of user fees authorized by 31 U.S.C. 9701: 

Provided further, That of the total amount appropriated under 

this heading: (1) $837,358,000 shall be for the Center for Food 

Safety and Applied Nutrition and related field activities in the 

Office of Regulatory Affairs; (2) $957,116,000 shall be for the Center 

for Drug Evaluation and Research and related field activities in 

the Office of Regulatory Affairs; (3) $325,647,000 shall be for the 

Center for Biologics Evaluation and Research and for related field 

activities in the Office of Regulatory Affairs; (4) $161,730,000 shall 

be for the Center for Veterinary Medicine and for related field 

activities in the Office of Regulatory Affairs; (5) $359,781,000 shall 

be for the Center for Devices and Radiological Health and for 

related field activities in the Office of Regulatory Affairs; (6) 

$60,664,000 shall be for the National Center for Toxicological 

Research; (7) $421,463,000 shall be for the Center for Tobacco 

Products and for related field activities in the Office of Regulatory 

Affairs; (8) not to exceed $136,239,000 shall be for Rent and Related 

activities, of which $41,951,000 is for White Oak Consolidation, 

other than the amounts paid to the General Services Administration 

for rent; (9) not to exceed $183,048,000 shall be for payments 

to the General Services Administration for rent; and (10) 

$212,642,000 shall be for other activities, including the Office of 

the Commissioner of Food and Drugs; the Office of Foods; the 

Office of the Chief Scientist; the Office of Policy, Planning and 

Budget; the Office of International Programs; the Office of Administration; and central services for these offices: Provided further, 

That none of the funds made available under this heading shall 

be used to transfer funds under section 770(n) of the Federal 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 115 

Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, 

That not to exceed $25,000 of the amount provided under this 

heading shall be for official reception and representation expenses, 

not otherwise provided for, as determined by the Commissioner: 

Provided further, That funds may be transferred from one specified 

activity to another with the prior approval of the Committees on 

Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b, export certification user fees authorized by 21 U.S.C. 381, 

and priority review user fees authorized by 21 U.S.C. 360n may 

be credited to this account, to remain available until expended. 

In addition, food and feed recall user fees, food reinspection 

user fees, and voluntary qualified importer program user fees 

authorized by section 743 of the Federal Food, Drug, and Cosmetic 

Act, as amended by Public Law 111–353, may be credited to this 

account in an amount not to exceed the amount determined under 

subsection (b) of such section 743, to remain available until 

expended. 

SEC. 1270. Notwithstanding section 1101, the level for ‘‘Food 

and Drug Administration, Buildings and Facilities’’ shall be 

$10,000,000. 

SEC. 1271. Notwithstanding section 1101, the level for ‘‘Related 

Agencies and Food and Drug Administration, Independent Agencies, 

Farm Credit Administration, Limitation on Administrative 

Expenses’’ shall be $59,400,000 (from assessments collected from 

farm credit institutions, including the Federal Agricultural Mortgage Corporation). 

SEC. 1272. Notwithstanding any other provision of this division, 

the following set-asides included in Public Law 111–80 for ‘‘Congressionally Designated Projects’’ in the following accounts for the corresponding amounts shall not apply to funds appropriated by this 

division: 

(1) ‘‘Agricultural Programs, Agricultural Research Service, 

Salaries and Expenses’’, $44,138,000. 

(2) ‘‘Agricultural Programs, National Institute of Food and 

Agriculture, Research and Education Activities’’, $120,054,000. 

(3) ‘‘Agricultural Programs, National Institute of Food and 

Agriculture, Extension Activities’’, $11,831,000. 

(4) ‘‘Agricultural Programs, Animal and Plant Health 

Inspection Service, Salaries and Expenses’’, $24,410,000. 

(5) ‘‘Conservation Programs, Natural Resources Conservation Service, Conservation Operations’’, $37,382,000. 

SEC. 1273. Notwithstanding any other provision of this division, 

the following provisions included in Public Law 111–80 shall not 

apply to funds appropriated by this division: 

(1) The first proviso under the heading ‘‘Agricultural Programs, Agriculture Buildings and Facilities and Rental Payments’’. 

(2) The second proviso under the heading ‘‘Departmental 

Administration’’. 

(3) The second proviso under the heading ‘‘Conservation 

Programs, Natural Resources Conservation Service, Conservation Operations’’. 

(4) The second proviso under the heading ‘‘Rural Development Programs, Rural Utilities Service, Rural Water and Waste 

Disposal Account’’. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 116 PUBLIC LAW 112–10—APR. 15, 2011 

(5) The first proviso under the heading ‘‘Domestic Food 

Programs, Food and Nutrition Service, Commodity Assistance 

Program’’. 

(6) The first proviso under the heading ‘‘Foreign Assistance 

and Related Programs, Foreign Agricultural Service, McGovernDole International Food for Education and Child Nutrition 

Program Grants’’. 

SEC. 1274. Sections 718, 723, 727, 728, and 738 of Public 

Law 111–80 shall be applied to funds appropriated by this division 

by substituting $0 for the dollar amounts included in those sections. 

SEC. 1275. Section 741 of Public Law 111–80 shall be applied 

to funds appropriated by this division by substituting ‘‘$2,000,000’’ 

for ‘‘$2,600,000’’ and by substituting ‘‘$0’’ for ‘‘$3,000,000’’. 

SEC. 1276. Sections 716, 721(2), 721(3), 724, 725, 726, 729, 

735, 743, and 748 of Public Law 111–80 shall not apply for fiscal 

year 2011. 

SEC. 1277. Sections 730, 734, 737, 740, 745, 747, and 749 

of Public Law 111–80 authorized or required certain actions that 

have been performed before the date of the enactment of this 

division and need not reoccur. 

SEC. 1278. Appropriations to the Department of Agriculture 

made available in fiscal year 2005 to carry out section 601 of 

the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for the cost 

of direct loans shall remain available until expended to disburse 

valid obligations made in fiscal years 2005, 2006, and 2007. 

SEC. 1279. In the case of each program established or amended 

by the Food, Conservation, and Energy Act of 2008 (Public Law 

110–246), other than by title I or subtitle A of title III of such 

Act, or programs for which indefinite amounts were provided in 

that Act that is authorized or required to be carried out using 

funds of the Commodity Credit Corporation: (1) such funds shall 

be available for salaries and related administrative expenses, 

including technical assistance, associated with the implementation 

of the program, without regard to the limitation on the total amount 

of allotments and fund transfers contained in section 11 of the 

Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and 

(2) the use of such funds for such purpose shall not be considered 

to be a fund transfer or allotment for purposes of applying the 

limitation on the total amount of allotments and fund transfers 

contained in such section. 

SEC. 1280. With respect to any loan or loan guarantee program 

administered by the Secretary of Agriculture that has a negative 

credit subsidy score for fiscal year 2011, the program level for 

the loan or loan guarantee program, for the purposes of the Federal 

Credit Reform Act of 1990, shall be the program level established 

pursuant to such Act for fiscal year 2010. 

SEC. 1281. Section 721(1) of Public Law 111–80 (123 Stat. 

2122) is amended by striking ‘‘$1,180,000,000’’ and inserting 

‘‘$1,238,000,000’’. 

SEC. 1282. Section 742 of Public Law 111–80 (123 Stat. 2128) 

is amended by striking ‘‘$11,000,000’’ and inserting ‘‘$15,000,000’’. 

SEC. 1283. The following provisions of Public Law 111–80 shall 

be applied to funds appropriated by this division by substituting 

‘‘2010’’, ‘‘2011’’, and ‘‘2012’’ for ‘‘2009’’, ‘‘2010’’, and ‘‘2011’’, respectively, in each instance that such terms appear: 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 117 

(1) The second paragraph under the heading ‘‘Agricultural 

Programs, Animal and Plant Health Inspection Service, Salaries and Expenses’’. 

(2) The second proviso under the heading ‘‘Agricultural 

Programs, Food Safety and Inspection Service’’. 

(3) The first proviso in the second paragraph under the 

heading ‘‘Rural Development Programs, Rural Housing Service, 

Rural Housing Insurance Fund Program Account’’. 

(4) The fifth proviso under the heading ‘‘Rural Development 

Programs, Rural Housing Service, Rental Assistance Program’’. 

(5) The proviso under the heading ‘‘Rural Development 

Programs, Rural Housing Service, Mutual and Self-Help 

Housing Grants’’. 

(6) The first proviso under the heading ‘‘Rural Development 

Programs, Rural Housing Service, Rural Housing Assistance 

Grants’’. 

(7) The seventh proviso under the heading ‘‘Rural Development Programs, Rural Housing Service, Rural Community 

Facilities Program Account’’. 

(8) The third proviso under the heading ‘‘Rural Development Programs, Rural Business—Cooperative Service, Rural 

Business Program Account’’. 

(9) The four availability of funds clauses under the heading 

‘‘Rural Development Programs, Rural Business—Cooperative 

Service, Rural Development Loan Fund Program Account’’. 

(10) The fifth proviso under the heading ‘‘Rural Development Programs, Rural Utilities Service, Rural Water and Waste 

Disposal Program Account’’. 

(11) Sections 713, 717, and 732. 

(12) The paragraph under the heading ‘‘Food and Nutrition 

Service, Child Nutrition Programs’’. 

(13) The third proviso under the heading ‘‘Food and Nutrition Service, Commodity Assistance Program’’. 

SEC. 1284. None of the funds appropriated or otherwise made 

available by this division or any other Act shall be used to pay 

the salaries and expenses of personnel to carry out the Wetlands 

Reserve Program authorized by sections 1237–1237F of the Food 

Security Act of 1985 (16 U.S.C. 3837–3837f) to enroll in excess 

of 202,218 acres in fiscal year 2011. 

SEC. 1285. None of the funds appropriated or otherwise made 

available by this division or any other Act shall be used to pay 

the salaries and expenses of personnel to carry out the Conservation 

Stewardship Program authorized by sections 1238D–1238G of the 

Food Security Act of 1985 (16 U.S.C. 3838d–3838g) in excess of 

$649,000,000. 

SEC. 1286. None of the funds appropriated or otherwise made 

available by this division or any other Act shall be used to pay 

the salaries and expenses of personnel to carry out the program 

authorized by section 14 of the Watershed Protection and Flood 

Prevention Act (16 U.S.C. 1012). 

SEC. 1287. None of the funds appropriated or otherwise made 

available by this Act or any other Act shall be used to pay the 

salaries and expenses of personnel to carry out a program under 

subsection (b)(2)(A)(iii) of section 14222 of Public Law 110–246 

in excess of $1,098,000,000: Provided, That none of the funds made 

available in this Act or any other Act shall be used for salaries 

and expenses to carry out section 19(i)(1)(D) of the Richard B. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 118 PUBLIC LAW 112–10—APR. 15, 2011 

Russell National School Lunch Act as amended by section 4304 

of Public Law 110–246 in excess of $33,000,000, including the 

transfer of funds under subsection (c) of section 14222 of Public 

Law 110–246, until October 1, 2011: Provided further, That 

$117,000,000 made available on October 1, 2011, to carry out section 

19(i)(1)(D) of the Richard B. Russell National School Lunch Act 

as amended by section 4304 of Public Law 110–246 shall be excluded 

from the limitation described in subsection (b)(2)(A)(iv) of section 

14222 of Public Law 110–246. 

SEC. 1288. None of the funds appropriated or made available 

by this division or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out the Biomass Crop Assistance 

Program authorized by section 9011 of the Farm Security and 

Rural Investment Act of 2002 (7 U.S.C. 8111) in excess of 

$112,000,000. 

SEC. 1289. Of the unobligated balances available for ‘‘Agricultural Programs, Agricultural Research Service, Buildings and Facilities’’, $229,582,000 is rescinded. 

SEC. 1290. Of the unobligated balances available for the cost 

of broadband loans, as authorized by section 601 of the Rural 

Electrification Act of 1936, $39,000,000 is rescinded. 

SEC. 1291. None of the funds made available by this Act may 

be used to pay the salaries and expenses of personnel of the Department of Agriculture to provide nonrecourse marketing assistance 

loans for mohair under section 1201 of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 8731). 

SEC. 1292. The unobligated balances available for the Outreach 

for Socially Disadvantaged Farmers account, as identified by 

Treasury Appropriation Fund Symbol 12X0601, are rescinded; for 

the Rural Community Advancement Program, as identified by 

Treasury Appropriation Fund Symbol 12X0400, are rescinded; for 

the Payments to States program, as identified by Treasury Appropriation Fund symbol 12X2501, are rescinded; for the Common 

Computing Environment account, as identified by Treasury Appropriation Fund Symbol 12X0113, $3,111,000 are rescinded; for Agriculture Buildings and Facilities and Rental Payments, as identified 

by Treasury Appropriation Fund Symbol 12X0117, $45,000,000 are 

rescinded; and for the Animal and Plant Health Inspection Service— 

Buildings and Facilities account, as identified by Treasury Appropriation Fund Symbol 12X1601, $629,000 are rescinded. In addition, 

from prior year unobligated balances of Animal and Plant Health 

Inspection Service—Salaries and Expenses account $10,887,000 are 

rescinded as follows: Sudden Oak Death, $295,000; Sirex Woodwasp, 

$408,000; Avian Influenza, $8,000,000; Information Technology 

Infrastructure, $86,000; Screwworm, $1,000,000; HUB Relocation, 

$98,000; and Contingency Funds, $1,000,000. 

SEC. 1293. Of the unobligated balances available for Cooperative State Research, Education, and Extension Service, Buildings 

and Facilities, $1,037,000 are rescinded. 

SEC. 1294. The unobligated balances available for the wildlife 

habitat incentives program under section 1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb–1), as identified by Treasury 

Appropriation Fund Symbol 12X3322, are rescinded; for the program under the Water Bank Act (16 U.S.C. 1301 et seq.), as 

identified by Treasury Appropriation Fund Symbol 12X3320; and 

for the wetlands reserve program under section 1237 of the Food 

Rescissons. 

Rescisson. 

Rescissons. 

Rescisson. 

Rescisson. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 119 

Security Act of 1985 (16 U.S.C. 3837), as identified by Treasury 

Appropriation Fund Symbol 12X1080, are rescinded. 

SEC. 1295. Of the unobligated balances available for the 

broadband grant program for rural areas eligible for Distance 

Learning and Telemedicine Program benefits authorized by 7 U.S.C. 

950aaa, $25,000,000 are rescinded. 

SEC. 1296. Of the unobligated balances available for the Export 

Credit Guarantee Program under section 101 of the Agricultural 

Trade Act of 1978 (Public Law 95–501), $331,000,000 are hereby 

permanently canceled. 

SEC. 1297. None of the funds appropriated by this Act or 

any other Act may be used to carry out section 508(d)(3) of the 

Federal Crop Insurance Act (7 U.S.C. 1508(d)(3)) to provide a 

performance-based premium discount in the crop insurance program. 

SEC. 1298. Section 739 of Public Law 111–80 shall be applied 

to funds appropriated by this division by substituting ‘‘$640,000’’ 

for ‘‘$800,000’’. 

TITLE III—COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES 

SEC. 1301. Notwithstanding section 1101, the level for ‘‘Department of Commerce, International Trade Administration, Operations 

and Administration’’ shall be $450,989,000. 

SEC. 1302. Notwithstanding section 1101, the level for ‘‘Department of Commerce, Economic Development Administration, Economic Development Assistance Programs’’ shall be $246,000,000. 

SEC. 1303. Notwithstanding section 1101, the level for ‘‘Department of Commerce, Minority Business Development Agency, 

Minority Business Development’’ shall be $30,400,000. 

SEC. 1304. Notwithstanding section 1101, the level for ‘‘Department of Commerce, National Telecommunications and Information 

Administration, Salaries and Expenses’’ shall be $40,649,000. 

SEC. 1305. Notwithstanding section 1101, the level for ‘‘Department of Commerce, National Institute of Standards and Technology, 

Scientific and Technical Research and Services’’ shall be 

$508,000,000. 

SEC. 1306. Notwithstanding section 1101, the level for ‘‘Department of Commerce, National Institute of Standards and Technology, 

Industrial Technology Services’’ shall be $173,600,000. 

SEC. 1307. Notwithstanding section 1101, the level for ‘‘Department of Justice, General Administration, National Drug Intelligence 

Center’’ shall be $34,023,000. 

SEC. 1308. Notwithstanding section 1101, the level for ‘‘Department of Justice, General Administration, Justice Information 

Sharing Technology’’ shall be $60,285,000. 

SEC. 1309. Notwithstanding section 1101, the level for ‘‘Department of Justice, General Administration, Tactical Law Enforcement 

Wireless Communications’’ shall be $100,000,000. 

SEC. 1310. Notwithstanding section 1101, the level for ‘‘Department of Justice, General Administration, Detention Trustee’’ shall 

be $1,518,663,000. 

SEC. 1311. Notwithstanding section 1101, the level for ‘‘Department of Justice, Legal Activities, Salaries and Expenses, General 

Legal Activities’’ shall be $865,097,000. 

Applicability. 

Cancellation. 

Rescisson. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 120 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1312. Notwithstanding section 1101, the level for ‘‘Department of Justice, United States Marshals Service, Construction’’ 

shall be $16,625,000. 

SEC. 1313. Notwithstanding section 1101, the level for ‘‘Department of Justice, Federal Bureau of Investigation, Salaries and 

Expenses’’ shall be $7,834,622,000. 

SEC. 1314. Notwithstanding section 1101, the level for ‘‘Department of Justice, Federal Bureau of Investigation, Construction’’ 

shall be $107,310,000. 

SEC. 1315. Notwithstanding section 1101, the level for ‘‘Department of Justice, Federal Prison System, Salaries and Expenses’’ 

shall be $6,295,000,000. 

SEC. 1316. Notwithstanding section 1101, the level for ‘‘Office of Science and Technology Policy’’ shall be $6,660,000. 

SEC. 1317. Notwithstanding section 1101, the level for ‘‘National 

Science Foundation, Research and Related Activities’’ shall be 

$5,575,025,000. 

SEC. 1318. Notwithstanding section 1101, the level for ‘‘National 

Science Foundation, Education and Human Resources’’ shall be 

$862,760,000. 

SEC. 1319. Notwithstanding section 1101, the level for ‘‘Department of Commerce, Bureau of the Census, Periodic Censuses and 

Programs’’ shall be $893,000,000. 

SEC. 1320. Notwithstanding section 1101, the level for each 

of the following accounts shall be $0: ‘‘Department of Commerce, 

National Telecommunications and Information Administration, 

Public Telecommunications Facilities, Planning and Construction’’; 

‘‘Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and 

Explosives, Construction’’; and ‘‘Department of Justice, Office of 

Justice Programs, Weed and Seed Program Fund’’. 

SEC. 1321. Notwithstanding any other provision of this division, 

the following set-asides included in division B of Public Law 111– 

117 for projects specified in the explanatory statement accompanying that Act in the following accounts for the corresponding 

amounts shall not apply to funds appropriated by this division: 

(1) ‘‘Department of Commerce, International Trade Administration, 

Operations and Administration’’, $5,215,000; (2) ‘‘Department of 

Commerce, Minority Business Development Agency, Minority Business Development’’, $1,100,000; (3) ‘‘Department of Commerce, 

National Institute of Standards and Technology, Scientific and Technical Research and Services’’, $10,500,000; (4) ‘‘Department of Commerce, National Institute of Standards and Technology, Construction of Research Facilities’’, $47,000,000; (5) ‘‘Department of Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and Facilities’’, $99,295,000; (6) ‘‘Department of 

Commerce, National Oceanic and Atmospheric Administration, 

Procurement, Acquisition and Construction’’, $18,000,000; (7) 

‘‘Department of Justice, Office of Justice Programs, State and Local 

Law Enforcement Assistance’’, $185,268,000; (8) ‘‘Department of 

Justice, Office of Justice Programs, Juvenile Justice Programs’’, 

$91,095,000; (9) ‘‘Department of Justice, Community Oriented 

Policing Services’’, $25,385,000; (10) ‘‘Department of Justice, 

Community Oriented Policing Services’’, $168,723,000; and (11) 

‘‘National Aeronautics and Space Administration, Cross Agency 

Support’’, $63,000,000. 

SEC. 1322. The Departments of Commerce and Justice, the 

National Aeronautics and Space Administration, and the National 

Spending plan. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 121 

Science Foundation are directed to submit spending plans, signed 

by the respective department or agency head, to the House and 

Senate Committees on Appropriations within 60 days of enactment 

of this division. 

SEC. 1323. Notwithstanding any other provision of this division, 

the set-aside included in division B of Public Law 111–117 under 

the heading ‘‘Department of Commerce, United States Patent and 

Trademark Office, Salaries and Expenses’’ for policy studies related 

to activities of United Nations Specialized Agencies related to international protection of intellectual property rights shall not apply 

to funds appropriated by this division. 

SEC. 1324. Of the amount provided by section 1306 for ‘‘National 

Institute of Standards and Technology, Industrial Technology Services’’, $44,900,000 shall be for the Technology Innovation Program, 

and $128,700,000 shall be for the Manufacturing Extension Partnership Program. 

SEC. 1325. (a) Notwithstanding section 1101, the level for 

‘‘Department of Commerce, National Institute of Standards and 

Technology, Construction of Research Facilities’’ shall be 

$70,000,000. 

(b) The set-asides included in division B of Public Law 111– 

117 under the heading ‘‘Department of Commerce, National 

Institute of Standards and Technology, Construction of Research 

Facilities’’ for a competitive construction grant program for research 

science buildings and for projects specified in the explanatory statement accompanying that Act shall not apply to funds appropriated 

by this division. 

SEC. 1326. (a) Notwithstanding section 1101, the level for 

‘‘Department of Commerce, National Oceanic and Atmospheric 

Administration, Operations, Research, and Facilities’’ shall be 

$3,185,883,000. 

(b) The set-aside included in division B of Public Law 111– 

117 under the heading ‘‘Department of Commerce, National Oceanic 

and Atmospheric Administration, Operations, Research, and Facilities’’ for projects specified in the explanatory statement accompanying that Act shall not apply to funds appropriated by this 

division. 

SEC. 1327. (a) Notwithstanding section 1101, the level for 

‘‘Department of Commerce, National Oceanic and Atmospheric 

Administration, Procurement, Acquisition and Construction’’ shall 

be $1,335,353,000. 

(b) The set-aside included in division B of Public Law 111– 

117 under the heading ‘‘Department of Commerce, National Oceanic 

and Atmospheric Administration, Procurement, Acquisition and 

Construction’’ for projects specified in the explanatory statement 

accompanying that Act shall not apply to funds appropriated by 

this division. 

SEC. 1328. Notwithstanding section 1101, the level for ‘‘Department of Commerce, Departmental Management, Herbert C. Hoover 

Building Renovation and Modernization’’ shall be $15,000,000. 

SEC. 1329. Notwithstanding section 1101, the level for ‘‘Department of Commerce, United States Patent and Trademark Office, 

Salaries and Expenses’’ shall be $2,090,000,000, to remain available 

until expended: Provided, That the sum herein appropriated from 

the general fund shall be reduced as offsetting collections assessed 

and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 

376 are received during fiscal year 2011, so as to result in a 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 122 PUBLIC LAW 112–10—APR. 15, 2011 

fiscal year 2011 appropriation from the general fund estimated 

at $0: Provided further, That during fiscal year 2011, should the 

total amount of offsetting fee collections be less than $2,090,000,000, 

this amount shall be reduced accordingly. 

SEC. 1330. Notwithstanding section 1101, the level for ‘‘Department of Justice, State and Local Law Enforcement Activities, Salaries and Expenses’’ shall be $187,000,000. 

SEC. 1331. (a) Notwithstanding section 1101, the level for 

‘‘Department of Justice, Office of Justice Programs, State and Local 

Law Enforcement Assistance’’ shall be $1,120,085,000. 

(b) Notwithstanding section 1101, the level for ‘‘Department 

of Justice, Office of Justice Programs, Juvenile Justice Programs’’ 

shall be $275,975,000. 

(c)(1) Notwithstanding section 1101, the level for ‘‘Department 

of Justice, Community Oriented Policing Services’’ shall be 

$495,925,000. 

(2) Amounts included under the heading ‘‘Department of Justice, Community Oriented Policing Services’’ in division B of Public 

Law 111–117 shall be applied to funds appropriated by this division 

by substituting ‘‘$15,000,000’’ for ‘‘$40,385,000’’ and ‘‘$1,500,000’’ 

for ‘‘$170,223,000’’. 

(d) Except as otherwise provided in section 1321, each setaside included in an account, the level of which is established 

by subsection (a), (b), or (c) of this section, shall be reduced proportionately to reflect the level provided in the respective subsection 

for each account. 

SEC. 1332. Notwithstanding any other provision of law, section 

20109(a), in subtitle A of title II of the Violent Crime Control 

and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not 

apply to amounts made available by this division. 

SEC. 1333. (a) Notwithstanding section 1101, the level for 

‘‘National Aeronautics and Space Administration, Exploration’’ shall 

be $3,808,300,000. 

(b) Notwithstanding sections 1104 and 1105, the provisos under 

the heading ‘‘National Aeronautics and Space Administration, 

Exploration’’ in division B of Public Law 111–117, as amended, 

shall not apply to funds appropriated by this division. 

(c) Of the amounts appropriated by this division for ‘‘National 

Aeronautics and Space Administration, Exploration’’, not less than 

$1,200,000,000 shall be for the multipurpose crew vehicle to continue existing vehicle development activities to meet the requirements described in paragraph (a)(1) of section 303 of Public Law 

111–267, and not less than $1,800,000,000 shall be for the heavy 

lift launch vehicle system which shall have a lift capability not 

less than 130 tons and which shall have an upper stage and 

other core elements developed simultaneously. 

SEC. 1334. (a) Notwithstanding section 1101, the level for 

‘‘National Aeronautics and Space Administration, Space Operations’’ 

shall be $5,508,500,000. 

(b) The proviso specifying amounts under the heading ‘‘National 

Aeronautics and Space Administration, Space Operations’’ in division B of Public Law 111–117 shall not apply to funds appropriated 

by this division. 

SEC. 1335. Notwithstanding section 1101, the level for ‘‘National 

Aeronautics and Space Administration, Science’’ shall be 

$4,945,300,000. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 123 

SEC. 1336. Notwithstanding section 1101, the level for ‘‘National 

Aeronautics and Space Administration, Aeronautics’’ shall be 

$535,000,000. 

SEC. 1337. Notwithstanding section 1101, the level for ‘‘National 

Aeronautics and Space Administration, Education’’ shall be 

$145,800,000. 

SEC. 1338. (a) Notwithstanding section 1101, the level for 

‘‘National Aeronautics and Space Administration, Cross Agency 

Support’’ shall be $3,111,400,000. 

(b) The provisos specifying amounts under the heading 

‘‘National Aeronautics and Space Administration, Cross Agency 

Support’’ in division B of Public Law 111–117 shall not apply 

to funds appropriated by this division. 

SEC. 1339. (a) Notwithstanding section 1101, the level for 

‘‘National Aeronautics and Space Administration, Construction and 

Environmental Compliance and Remediation’’ shall be $394,300,000. 

(b) This level shall not include amounts made available by 

section 1101 from lease proceeds under such account. 

(c) The first proviso under the heading ‘‘National Aeronautics 

and Space Administration, Construction and Environmental 

Compliance and Remediation’’ in division B of Public Law 111– 

117 shall not apply to funds appropriated by this division. 

SEC. 1340. (a) None of the funds made available by this division 

may be used for the National Aeronautics and Space Administration 

or the Office of Science and Technology Policy to develop, design, 

plan, promulgate, implement, or execute a bilateral policy, program, 

order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned 

company unless such activities are specifically authorized by a 

law enacted after the date of enactment of this division. 

(b) The limitation in subsection (a) shall also apply to any 

funds used to effectuate the hosting of official Chinese visitors 

at facilities belonging to or utilized by the National Aeronautics 

and Space Administration. 

SEC. 1341. Notwithstanding section 1101, amounts are provided 

for ‘‘Legal Services Corporation, Payment to the Legal Services 

Corporation’’ in division B of Public Law 111–117 in the manner 

authorized in Public Law 111–117 for fiscal year 2010, except 

that for fiscal year 2011 the amounts specified in division B of 

Public Law 111–117 shall be modified by substituting— 

(1) ‘‘$405,000,000’’ for ‘‘$420,000,000’’; and 

(2) ‘‘$379,400,000’’ for ‘‘$394,400,000’’. 

SEC. 1342. Section 505(a)(1) of division B of Public Law 111– 

117 is amended by inserting ‘‘, unless the House and Senate 

Committees on Appropriations are notified 15 days in advance 

of such reprogramming of funds’’ before the semicolon. 

SEC. 1343. Of the unobligated balances available to the Department of Justice from prior appropriations, the following funds are 

rescinded, not later than September 30, 2011, from the following 

accounts in the specified amounts: (1) ‘‘Office of Justice Programs’’, 

$42,000,000; (2) ‘‘Community Oriented Policing Services’’, 

$10,200,000; and (3) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

$495,000,000. 

SEC. 1344. Of the unobligated balances available to the Department of Justice for the ‘‘Working Capital Fund’’, $26,000,000 is 

hereby permanently rescinded. 

Rescission. 

Rescission. 

Deadline. 

123 Stat. 3149. 

Notification. 

Deadline. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 124 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1345. Of the unobligated balances available to the Bureau of the Census for the Census Working Capital Fund, $50,000,000 

is hereby permanently rescinded. 

SEC. 1346. Of the unobligated balances available to the National 

Telecommunications and Information Administration for reimbursable spectrum management activities, $4,800,000 is hereby 

rescinded. 

SEC. 1347. Notwithstanding any other provision of law, in fiscal 

year 2012 and thereafter payments for costs described in subsection 

(a) of section 404 of Public Law 107–42, as amended, shall be 

considered to be, and included in, payments for compensation for 

the purposes of sections 406(b) and (d)(1) of such Act. 

SEC. 1348. None of the funds made available by this division 

may be used to implement, establish, or create a NOAA Climate 

Service as described in the ‘‘Draft NOAA Climate Service Strategic 

Vision and Framework’’ published at 75 Federal Register 57739 

(September 22, 2010) and updated on December 20, 2010: Provided, That this limitation shall expire on September 30, 2011. 

SEC. 1349. None of the funds made available by this division 

may be used to approve a new limited access privilege program 

(as that term is used in section 303A of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1853a)) for 

any fishery under the jurisdiction of the South Atlantic, MidAtlantic, New England, or Gulf of Mexico Fishery Management 

Councils in fiscal year 2011: Provided, That nothing in this section 

shall prevent development activities related to limited access privilege programs. 

TITLE IV—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES 

SEC. 1401. All of the provisos under the heading ‘‘Corps of 

Engineers—Civil, Department of the Army, Construction’’ in the 

Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds appropriated by this division. 

SEC. 1402. The proviso under the heading ‘‘Corps of Engineers— 

Civil, Department of the Army, Mississippi River and Tributaries’’ 

in the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds 

appropriated by this division. 

SEC. 1403. The fifth proviso (regarding the San Gabriel Basin 

Restoration Fund), seventh proviso (regarding the Milk River 

Project) and eighth proviso (regarding the Departmental Irrigation 

Drainage program) under the heading ‘‘Department of the Interior, 

Bureau of Reclamation, Water and Related Resources’’ in the 

Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds appropriated by this division. 

SEC. 1404. All of the provisos under the heading ‘‘Department 

of Energy, Energy Programs, Energy Efficiency and Renewable 

Energy’’ in title III of the Energy and Water Development and 

Related Agencies Appropriations Act, 2010 (Public Law 111–85) 

shall not apply to funds appropriated by this division. 

SEC. 1405. All of the provisos under the heading ‘‘Department 

of Energy, Energy Programs, Electricity Delivery and Energy Reliability’’ in title III of the Energy and Water Development and 

Expiration date. 

40 USC 40101 

note. 

Rescission. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 125 

Related Agencies Appropriations Act, 2010 (Public Law 111–85) 

shall not apply to funds appropriated by this division. 

SEC. 1406. The proviso under the heading ‘‘Department of 

Energy, Energy Programs, Nuclear Energy’’ in title III of the Energy 

and Water Development and Related Agencies Appropriations Act, 

2010 (Public Law 111–85) shall not apply to funds appropriated 

by this division. 

SEC. 1407. All of the provisos under the heading ‘‘Department 

of Energy, Energy Programs, Fossil Energy Research and Development’’ in title III of the Energy and Water Development and Related 

Agencies Appropriations Act, 2010 (Public Law 111–85) shall not 

apply to funds appropriated by this division. 

SEC. 1408. All of the provisos under the heading ‘‘Department 

of Energy, Energy Programs, Science’’ in title III of the Energy 

and Water Development and Related Agencies Appropriations Act, 

2010 (Public Law 111–85) shall not apply to funds appropriated 

by this division. 

SEC. 1409. The thirteenth proviso (regarding Commission 

funding) under the heading ‘‘Department of Energy, Energy Programs, Nuclear Waste Disposal’’ in title III of the Energy and 

Water Development and Related Agencies Appropriations Act, 2010 

(Public Law 111–85) shall not apply to funds appropriated by this 

division. 

SEC. 1410. All of the provisos under the heading ‘‘Department 

of Energy, Atomic Energy Defense Activities, National Nuclear 

Security Administration, Weapons Activities’’ in title III of the 

Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds appropriated by this division. 

SEC. 1411. The proviso under the heading ‘‘Department of 

Energy, Atomic Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation’’ in title III 

of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds 

appropriated by this division. 

SEC. 1412. All of the provisos under the heading ‘‘Department 

of Energy, Atomic Energy Defense Activities, National Nuclear 

Security Administration, Office of the Administrator’’ in title III 

of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds 

appropriated by this division. 

SEC. 1413. The proviso under the heading ‘‘Department of 

Energy, Atomic Energy Defense Activities, Environmental and 

Other Defense Activities, Defense Environmental Cleanup’’ in title 

III of the Energy and Water Development and Related Agencies 

Appropriations Act, 2010 (Public Law 111–85) shall not apply to 

funds appropriated by this division. 

SEC. 1414. The proviso under the heading ‘‘Department of 

Energy, Atomic Energy Defense Activities, Environmental and 

Other Defense Activities, Other Defense Activities’’ in title III of 

the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85) shall not apply to funds 

appropriated by this division. 

SEC. 1415. The fifth proviso under the heading ‘‘Department 

of Energy, Power Marketing Administrations, Construction, 

Rehabilitation, Operation and Maintenance, Western Area Power 

Administration’’ in title III of the Energy and Water Development 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 126 PUBLIC LAW 112–10—APR. 15, 2011 

and Related Agencies Appropriations Act, 2010 (Public Law 111– 

85) shall not apply to funds appropriated by this division. 

SEC. 1416. Sections 105, 106, 107, 110 through 125, 205 through 

211, 502, and 506 of the Energy and Water Development and 

Related Agencies Appropriations Act, 2010 (Public Law 111–85), 

to the extent the sections direct funds, shall not apply to funds 

appropriated by this division. 

SEC. 1417. In addition to amounts otherwise made available 

by this division, $180,000,000 is appropriated for ‘‘Department of 

Energy, Energy Programs, Advanced Research Projects Agency— 

Energy’’. 

SEC. 1418. No appropriation, funds, or authority made available 

pursuant to section 1101 for the Department of Energy or Corps 

of Engineers, Civil shall be used to initiate or resume any program, 

project or activity or to initiate Requests For Proposals or similar 

arrangements (including Requests for Quotations, Requests for 

Information, and Funding Opportunity Announcements) for a program, project or activity if the program, project or activity has 

not been funded by Congress, unless prior approval is received 

from the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 1419. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Appalachian Regional Commission’’ shall be 

$68,400,000. 

SEC. 1420. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Delta Regional Authority’’ shall be $11,700,000. 

SEC. 1421. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Denali Commission’’ shall be $10,700,000. 

SEC. 1422. Notwithstanding section 1101, the level for ‘‘Defense 

Nuclear Facilities Safety Board’’ shall be $23,250,000. 

SEC. 1423. Notwithstanding section 1101, for the ‘‘Nuclear 

Regulatory Commission, Salaries and Expenses’’, for necessary 

expenses in carrying out the purposes of the Energy Reorganization 

Act of 1974, as amended, and the Atomic Energy Act of 1954, 

as amended, including official representation expenses (not to 

exceed $25,000), $1,043,483,000, to remain available until expended: 

Provided, That of the amount appropriated herein, $10,000,000 

shall be derived from the Nuclear Waste Fund: Provided further, 

That revenues from licensing fees, inspection services, and other 

services and collections estimated at $906,220,000 in fiscal year 

2011 shall be retained and used for necessary salaries and expenses 

in this account, notwithstanding 31 U.S.C. 3302, and shall remain 

available until expended: Provided further, That the sum herein 

appropriated shall be reduced by the amount of revenues received 

during fiscal year 2011 so as to result in a final fiscal year 2011 

appropriation estimated at not more than $137,263,000: Provided 

further, That the last proviso under such heading in title IV of 

Public Law 111–85 shall not apply to funds appropriated by this 

division. 

SEC. 1424. Section 15751(b) of title 40, United States Code, 

shall not apply to funds appropriated by this division. 

SEC. 1425. Notwithstanding section 1101, and subject to section 

502 of the Congressional Budget Act of 1974, commitments to 

guarantee loans for renewable energy or efficient end-use energy 

technologies under title XVII of the Energy Policy Act of 2005 

shall not exceed a total principal amount of $1,183,000,000, to 

remain available until committed: Provided, That, in addition to 

Loans. 

Approval. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 127 

the amounts above, for the cost of loan guarantees for renewable 

energy or efficient end-use energy technologies under section 1703 

of the Energy Policy Act of 2005, $170,000,000 is appropriated, 

to remain available until expended: Provided further, That the 

amounts provided in this section are in addition to those provided 

in any other Act: Provided further, That, notwithstanding section 

1703(a)(2) of the Energy Policy Act of 2005, funds appropriated 

for the cost of loan guarantees and loan guarantee authority provided by this section are also available for projects for which an 

application has been submitted to the Department of Energy prior 

to February 24, 2011, in whole or in part, for a loan guarantee 

under section 1705 of the Energy Policy Act of 2005: Provided 

further, That of the authority provided for commitments to guarantee loans for renewable and/or energy efficient systems and manufacturing, and distributed energy generation, transmission and distribution projects under the heading ‘‘Department of Energy, Title 

17 Innovative Technology Loan Guarantee Authority Loan Program’’, in title III of division C of Public Law 111–8, $18,183,000,000 

is rescinded: Provided further, That for amounts collected pursuant 

to section 1702(b)(2) of the Energy Policy Act of 2005, the source 

of such payment received from borrowers may not be a loan or 

other debt obligation that is guaranteed by the Federal Government: 

Provided further, That none of such loan guarantee authority made 

available by this division shall be available for commitments to 

guarantee loans for any projects where funds, personnel, or property 

(tangible or intangible) of any Federal agency, instrumentality, 

personnel, or affiliated entity are expected be used (directly or 

indirectly) through acquisitions, contracts, demonstrations, 

exchanges, grants, incentives, leases, procurements, sales, other 

transaction authority, or other arrangements, to support the project 

or to obtain goods or services from the project: Provided further, 

That the previous proviso shall not be interpreted as precluding 

the use of the loan guarantee authority by this division for commitments to guarantee loans for: (1) projects as a result of such projects 

benefitting from otherwise allowable Federal income tax benefits; 

(2) projects as a result of such projects benefitting from being 

located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is: (A) paid exclusively 

in cash; (B) deposited in the Treasury as offsetting receipts; and 

(C) equal to the fair market value as determined by the head 

of the relevant Federal agency; (3) projects as a result of such 

projects benefitting from Federal insurance programs, including 

under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 

2210; commonly known as the ‘‘Price-Anderson Act’’); or (4) electric 

generation projects using transmission facilities owned or operated 

by a Federal Power Marketing Administration or the Tennessee 

Valley Authority that have been authorized, approved, and financed 

independent of the project receiving the guarantee: Provided further, 

That none of the loan guarantee authority made available by this 

division shall be available for any project unless the Director of 

the Office of Management and Budget has certified in advance 

in writing that the loan guarantee and the project comply with 

the provisions under this section: Provided further, That an additional amount for necessary administrative expenses to carry out 

this Loan Guarantee program, $58,000,000 is appropriated, to 

remain available until expended: Provided further, That $58,000,000 

of the fees collected pursuant to section 1702(h) of the Energy 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 128 PUBLIC LAW 112–10—APR. 15, 2011 

Policy Act of 2005 shall be credited as offsetting collections to 

this account to cover administrative expenses and shall remain 

available until expended, so as to result in a final fiscal year 

2011 appropriation from the general fund estimated at not more 

than $0. 

SEC. 1426. Of the unobligated balances available for ‘‘Corps 

of Engineers—Civil, Department of the Army, Mississippi River 

and Tributaries’’, $22,000,000 is rescinded, to be derived by cancelling unobligated balances for the Yazoo Basin, Backwater Pump, 

Mississippi project. 

SEC. 1427. Notwithstanding section 1101, the level for ‘‘Corps 

of Engineers—Civil, Department of the Army, Investigations’’ shall 

be $127,000,000. 

SEC. 1428. Notwithstanding section 1101, the level for ‘‘Corps 

of Engineers—Civil, Department of the Army, Construction’’ shall 

be $1,793,409,000. 

SEC. 1429. Notwithstanding section 1101, the level for ‘‘Corps 

of Engineers—Civil, Department of the Army, Mississippi River 

and Tributaries’’ shall be $264,435,000. 

SEC. 1430. Notwithstanding section 1101, the level for ‘‘Corps 

of Engineers—Civil, Department of the Army, Operation and 

Maintenance’’ shall be $2,370,500,000. 

SEC. 1431. Notwithstanding section 1101, the level for ‘‘Corps 

of Engineers—Civil, Department of the Army, Formerly Utilized 

Sites Remedial Action Program’’ shall be $130,000,000. 

SEC. 1432. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Central Utah Project, Central Utah Project 

Completion Account’’ shall be $32,004,000. 

SEC. 1433. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Reclamation, Water and Related 

Resources’’ shall be $913,500,000. 

SEC. 1434. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Reclamation, Central Valley Project 

Restoration Fund’’ shall be $49,915,000. 

SEC. 1435. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Energy Efficiency and Renewable Energy’’ shall be $1,835,000,000. 

SEC. 1436. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Electricity Delivery and Energy 

Reliability’’ shall be $145,000,000. 

SEC. 1437. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Nuclear Energy’’ shall be 

$737,092,000. 

SEC. 1438. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Fossil Energy Research and 

Development’’ shall be $586,000,000. 

SEC. 1439. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Naval Petroleum and Oil Shale 

Reserves’’ shall be $23,000,000. 

SEC. 1440. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Strategic Petroleum Reserve’’ 

shall be $209,861,000: Provided, That of the funds appropriated 

in Public Law 110–161 under this heading for new site land acquisition activities, $14,493,000 is rescinded: Provided further, That 

of the funds appropriated in Public Law 110–329 under this heading 

for new site expansion activities, beyond land acquisition, 

Rescissions. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 129 

$31,507,000 is rescinded: Provided further, That of the funds appropriated in Public Law 111–85 under this heading, $25,000,000 

is rescinded. 

SEC. 1441. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Northeast Home Heating Oil 

Reserve’’ shall be $11,000,000. 

SEC. 1442. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Energy Information Administration’’ shall be $95,600,000. 

SEC. 1443. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Non-Defense Environmental 

Cleanup’’ shall be $225,200,000. 

SEC. 1444. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Uranium Enrichment Decontamination and Decommissioning Fund’’ shall be $509,000,000. 

SEC. 1445. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Science’’ shall be $4,884,000,000. 

SEC. 1446. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Nuclear Waste Disposal’’ shall 

be $0. 

SEC. 1447. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Departmental Administration’’ 

shall be $268,640,000: Provided, That miscellaneous revenues under 

this appropriation may be $119,740,000 so as to result in a final 

fiscal year 2011 appropriation from the general fund estimated 

at no more than $148,900,000. 

SEC. 1448. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Advanced Technology Vehicles 

Manufacturing Loan Program’’ shall be $9,998,000. 

SEC. 1449. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy Programs, Office of the Inspector General’’ 

shall be $42,850,000. 

SEC. 1450. Notwithstanding section 1101, the level for ‘‘Department of Energy, Atomic Energy Defense Activities, National Nuclear 

Security Administration, Weapons Activities’’ shall be 

$6,993,419,000. 

SEC. 1451. Notwithstanding section 1101, the level for ‘‘Department of Energy, Atomic Energy Defense Activities, National Nuclear 

Security Administration, Defense Nuclear Nonproliferation’’ shall 

be $2,326,000,000. 

SEC. 1452. Notwithstanding section 1101, the level for ‘‘Department of Energy, Atomic Energy Defense Activities, National Nuclear 

Security Administration, Naval Reactors’’ shall be $967,000,000. 

SEC. 1453. Notwithstanding section 1101, the level for ‘‘Department of Energy, Atomic Energy Defense Activities, National Nuclear 

Security Administration, Office of the Administrator’’ shall be 

$399,793,000. 

SEC. 1454. Notwithstanding section 1101, the level for ‘‘Department of Energy, Environmental and Other Defense Activities, 

Defense Environmental Cleanup’’ shall be $5,016,041,000, of which 

$33,700,000 shall be transferred to the ‘‘Uranium Enrichment 

Decontamination and Decommissioning Fund’’. 

SEC. 1455. Notwithstanding section 1101, the level for ‘‘Department of Energy, Environmental and Other Defense Activities, Other 

Defense Activities’’ shall be $790,000,000. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 130 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1456. Notwithstanding section 1101, the level for ‘‘Department of Energy, Environmental and Other Defense Activities, 

Defense Nuclear Waste Disposal’’ shall be $0. 

SEC. 1457. Of the unobligated balances from prior year appropriations available for ‘‘Corps of Engineers—Civil, Department of 

the Army, Construction’’, $100,000,000 is rescinded, to be derived 

from the Continuing Authorities Program: Provided, That of the 

unobligated balances made available for accounts under the heading 

‘‘Corps of Engineers—Civil, Department of the Army’’ in Public 

Law 110–161 or any appropriation Act prior to such Act, 

$76,000,000 is rescinded (in addition to funds rescinded in the 

previous proviso). 

SEC. 1458. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Energy Efficiency and Renewable Energy’’, $30,000,000 is rescinded. 

SEC. 1459. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Electricity Delivery and Energy Reliability’’, $3,700,000 is rescinded. 

SEC. 1460. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Nuclear Energy’’, $6,300,000 is rescinded. 

SEC. 1461. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Fossil Energy Research and Development’’, $140,000,000 is 

rescinded. 

SEC. 1462. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Naval Petroleum and Oil Shale Reserves’’, $2,100,000 is rescinded. 

SEC. 1463. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Clean Coal Technology’’, $16,500,000 is rescinded. 

SEC. 1464. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Strategic Petroleum Reserve’’, $15,300,000 is rescinded in addition 

to funds rescinded elsewhere in this division. 

SEC. 1465. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Energy Information Administration’’, $400,000 is rescinded. 

SEC. 1466. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Non-Defense Environmental Cleanup’’, $900,000 is rescinded. 

SEC. 1467. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Uranium Enrichment Decontamination and Decommissioning 

Fund’’, $9,900,000 is rescinded. 

SEC. 1468. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Science’’, $15,000,000 is rescinded. 

SEC. 1469. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Nuclear Waste Disposal’’, $2,800,000 is rescinded. 

SEC. 1470. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Energy Programs, 

Departmental Administration’’, $81,900,000 is rescinded. 

SEC. 1471. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Atomic Energy 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 

Rescissions. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 131 

Defense Activities, National Nuclear Security Administration, 

Weapons Activities’’, $50,000,000 is rescinded. 

SEC. 1472. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Atomic Energy 

Defense Activities, National Nuclear Security Administration, 

Defense Nuclear Nonproliferation’’, $45,000,000 is rescinded. 

SEC. 1473. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Atomic Energy 

Defense Activities, National Nuclear Security Administration, Naval 

Reactors’’, $1,000,000 is rescinded. 

SEC. 1474. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Atomic Energy 

Defense Activities, National Nuclear Security Administration, Office 

of the Administrator’’, $5,700,000 is rescinded. 

SEC. 1475. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Environmental and 

Other Defense Activities, Defense Environmental Cleanup’’, 

$11,900,000 is rescinded. 

SEC. 1476. Of the unobligated balances from prior year appropriations available for ‘‘Department of Energy, Environmental and 

Other Defense Activities, Other Defense Activities’’, $3,400,000 is 

rescinded. 

SEC. 1477. Of the unobligated balances from prior year appropriations available for ‘‘Independent Agencies, Denali Commission’’, 

$15,000,000 is rescinded. 

SEC. 1478. Within 30 days of enactment of this division, the 

Department of Energy; Corps of Engineers, Civil; Nuclear Regulatory Commission; and Bureau of Reclamation shall submit to 

the Committees on Appropriations of the House of Representatives 

and the Senate a spending, expenditure, or operating plan for 

fiscal year 2011 at a level of detail below the account level. 

SEC. 1479. No rescission made in this title shall apply to 

any amount previously designated by the Congress as an emergency 

requirement pursuant to a concurrent resolution on the budget 

or the Balanced Budget and Emergency Deficit Control Act of 

1985. 

SEC. 1480. None of the funds made available by this division 

or prior appropriation Acts (other than Public Law 111–5) for 

Energy and Water Development may be used to pay the costs 

of employment (such as pay and benefits), or termination (such 

as severance pay), of any employee or contractor of the Department 

of Energy who is appointed, employed, or retained under the 

authority of, or using funds provided by, Public Law 111–5, or 

whose functions or operations (including programmatic responsibilities) are substantially or entirely funded under Public Law 111– 

5: Provided, That this section shall not apply to any employee 

or contractor of the Department of Energy whose functions or 

operations are primarily or wholly to provide oversight for funds 

provided by Public Law 111–5. 

SEC. 1481. None of the funds made available by this division 

may be used for the study of the Missouri River Projects authorized 

in section 108 of the Energy and Water Development and Related 

Agencies Appropriations Act, 2009 (division C of Public Law 111– 

8). 

SEC. 1482. Notwithstanding section 1101, the levels made available by this division for the following accounts of the Department 

of Energy are reduced by the following amounts, to reflect savings 

Deadline. 

Plans. 

Rescission. 

Rescission. 

Rescission. 

Rescission. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 132 PUBLIC LAW 112–10—APR. 15, 2011 

resulting from the contractor pay freeze instituted by the Department: ‘‘Energy Programs, Energy Efficiency and Renewable 

Energy’’, $5,700,000; ‘‘Energy Programs, Nuclear Energy’’, 

$3,500,000; ‘‘Energy Programs, Fossil Energy Research and 

Development’’, $300,000; ‘‘Energy Programs, Non-Defense Environmental Cleanup’’, $400,000; ‘‘Energy Programs, Uranium Enrichment Decontamination and Decommissioning Fund’’, $1,000,000; 

‘‘Energy Programs, Science’’, $16,600,000; ‘‘Energy Programs, 

Departmental Administration’’, $18,000,000; ‘‘Environmental and 

Other Defense Activities, Defense Environmental Cleanup’’, 

$14,400,000; ‘‘Atomic Energy Defense Activities, National Nuclear 

Security Administration, Weapons Activities’’, $33,100,000; ‘‘Atomic 

Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation’’, $2,700,000; and ‘‘Atomic 

Energy Defense Activities, National Nuclear Security Administration, Naval Reactors’’, $4,900,000. 

TITLE V—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT 

SEC. 1501. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Departmental Offices, Salaries and Expenses’’ 

shall be $307,002,000, of which $100,000,000 shall be for terrorism 

and financial intelligence activities; and the requirement under 

this heading to transfer funds to the National Academy of Sciences 

for a carbon audit of the tax code and the funding designations 

related to executive direction program activities, economic policies 

and program activities, financial policies and program activities, 

Treasury-wide management policies and program activities, and 

administration program activities shall not apply to funds appropriated by this division; and funding under this heading is available 

for international representation commitments of the Secretary, and 

for contribution to the Global Forum on Transparency and Exchange 

of Information for Tax Purposes. 

SEC. 1502. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Departmental Offices, Department-wide Systems and Capital Investments Programs’’ shall be $4,000,000, and 

the first proviso under such heading shall not apply to funds appropriated by this division. 

SEC. 1503. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Departmental Offices, Special Inspector General for the Troubled Asset Relief Program, Salaries and Expenses’’ 

shall be $36,300,000. 

SEC. 1504. Of the unobligated balances available for ‘‘Department of the Treasury, Treasury Forfeiture Fund’’, $400,000,000 

are rescinded. 

SEC. 1505. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Financial Management Service, Salaries and 

Expenses’’ shall be $233,253,000. 

SEC. 1506. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, 

Salaries and Expenses’’ shall be $101,000,000, and the first proviso 

under such heading shall not apply to funds appropriated by this 

division. 

SEC. 1507. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Bureau of the Public Debt, Administering 

the Public Debt’’ shall be $184,985,000. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 133 

SEC. 1508. Notwithstanding section 1101, the level for ‘‘Department of the Treasury, Community Development Financial Institutions Fund Program Account’’ shall be $227,000,000 for financial 

assistance, technical assistance, training outreach programs, and 

administrative expenses, of which $22,000,000 shall be for the 

Bank Enterprise Award program; and under such heading the 

requirement to transfer funds to the Capital Magnet Fund and 

the funding designations for pilot project grants and administration 

shall not apply to funds appropriated by this division. 

SEC. 1509. Notwithstanding section 1101, the funding designations for tax enforcement under the heading ‘‘Department of the 

Treasury, Internal Revenue Service, Operations Support’’ shall not 

apply to funds appropriated by this division. 

SEC. 1510. Notwithstanding section 1101, section 105 of division 

C of Public Law 111–117 shall not apply to funds appropriated 

by this division. 

SEC. 1511. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, The White House, Salaries and Expenses’’ shall be 

$58,552,000. 

SEC. 1512. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Executive Residence at the White House, Operating Expenses’’ 

shall be $13,700,000. 

SEC. 1513. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, White House Repair and Restoration’’ shall be $2,005,000. 

SEC. 1514. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, National Security Council, Salaries and Expenses’’ shall be 

$13,074,000. 

SEC. 1515. The amounts included under the heading ‘‘Executive 

Office of the President and Funds Appropriated to the President, 

Office of Administration, Salaries and Expenses’’ in division C of 

Public Law 111-117 shall be applied to funds appropriated by 

this division by substituting ‘‘$12,777,000’’ for ‘‘$16,768,000’’. 

SEC. 1516. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Office of Management and Budget, Salaries and Expenses’’ 

shall be $91,934,000. 

SEC. 1517. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Office of National Drug Control Policy, Salaries and Expenses’’ 

shall be $27,138,000. 

SEC. 1518. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Office of National Drug Control Policy, Counterdrug Technology Assessment Center’’ shall be $0. 

SEC. 1519. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Office of National Drug Control Policy, Other Federal Drug 

Control Programs’’ shall be $140,900,000, of which $9,000,000 shall 

be for anti-doping activities; of which $35,000,000 shall be for 

a national media campaign; and the amounts included under such 

heading shall be applied to funds appropriated by this division 

by substituting ‘‘$0’’ for ‘‘$10,000,000’’, ‘‘$1,000,000’’, ‘‘$1,250,000’’, 

and ‘‘$250,000’’. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 134 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1520. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Partnership Fund for Program Integrity Innovation’’ shall 

be $0. 

SEC. 1521. Of the unobligated balances available for ‘‘Executive 

Office of the President and Funds Appropriated to the President, 

Partnership Fund for Program Integrity Innovation’’, $5,000,000 

are rescinded. 

SEC. 1522. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Special Assistance to the President, Salaries and Expenses’’ 

shall be $4,558,000. 

SEC. 1523. Notwithstanding section 1101, the level for ‘‘Executive Office of the President and Funds Appropriated to the President, Official Residence of the Vice President, Operating Expenses’’ 

shall be $327,000. 

SEC. 1524. Notwithstanding section 1101, the level for ‘‘The 

Judiciary, Supreme Court of the United States, Care of the Building 

and Grounds’’ shall be $8,175,000. 

SEC. 1525. Notwithstanding section 1101, the level for ‘‘The 

Judiciary, Courts of Appeals, District Courts, and Other Judicial 

Services, Salaries and Expenses’’ shall be $5,013,583,000. 

SEC. 1526. The amount included in the second paragraph under 

the heading ‘‘The Judiciary, Courts of Appeals, District Courts, 

and Other Judicial Services, Salaries and Expenses’’ in division 

C of Public Law 111–117 shall be applied to funds appropriated 

by this division by substituting ‘‘$4,785,000’’ for ‘‘$5,428,000’’. 

SEC. 1527. Notwithstanding section 1101, the level for ‘‘The 

Judiciary, Courts of Appeals, District Courts, and Other Judicial 

Services, Defender Services’’ shall be $1,027,748,000. 

SEC. 1528. Notwithstanding section 1101, the level for ‘‘The 

Judiciary, Courts of Appeals, District Courts, and Other Judicial 

Services, Fees of Jurors and Commissioners’’ shall be $52,410,000. 

SEC. 1529. Notwithstanding section 1101, the level for ‘‘The 

Judiciary, Courts of Appeals, District Courts, and Other Judicial 

Services, Court Security’’ shall be $467,607,000. 

SEC. 1530. Section 203(c) of the Judicial Improvements Act 

of 1990 (Public Law 101–650; 28 U.S.C. 133 note) is amended— 

(1) in the third sentence (relating to the District of Kansas) 

by striking ‘‘19 years’’ and inserting ‘‘20 years’’; and 

(2) in the seventh sentence (relating to the District of 

Hawaii), by striking ‘‘16 years’’ and inserting ‘‘17 years’’. 

SEC. 1531. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment to the District of 

Columbia Courts’’ shall be $243,420,000, of which $57,760,000 shall 

be for capital improvements. 

SEC. 1532. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment to the District of 

Columbia Water and Sewer Authority’’ shall be $11,499,000. 

SEC. 1533. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment to the Criminal 

Justice Coordinating Council’’ shall be $1,800,000. 

SEC. 1534. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment to the Office of 

the Chief Financial Officer for the District of Columbia’’ shall be 

$0. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 135 

SEC. 1535. (a) Notwithstanding section 1101, the level for ‘‘District of Columbia, Federal Funds, Federal Payment for School 

Improvement’’ shall be $77,700,000 and shall remain available until 

expended, of which $42,200,000 shall be for the District of Columbia 

Public Schools, $20,000,000 shall be to expand quality public charter 

schools, and $15,500,000 shall be for opportunity scholarships, and 

the second reference to ‘‘$1,000,000’’ under such heading shall be 

applied to funds appropriated by this division by substituting ‘‘$0’’. 

(b) The authority and conditions provided in the District of 

Columbia Appropriations Act, 2010 (Public Law 111–117; 123 Stat. 

3181) under the heading described in subsection (a) shall apply 

with respect to the funds made available under this division, with 

the following modifications: 

(1) The first proviso under such heading shall not apply. 

(2) Notwithstanding the second proviso under such heading, 

the funds may be made available for scholarships to students, 

without regard to whether any student received a scholarship 

in any prior school year. 

(3) The fourth proviso under such heading shall not apply. 

(4) Notwithstanding the fifth proviso under such heading, 

the Secretary of Education shall ensure that site inspections 

of participating schools are conducted annually. 

SEC. 1536. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment for Consolidated 

Laboratory Facility’’ shall be $0. 

SEC. 1537. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment for Housing for the 

Homeless’’ shall be $10,000,000. 

SEC. 1538. Notwithstanding section 1101, the level for ‘‘District 

of Columbia, Federal Funds, Federal Payment for Youth Services’’ 

shall be $0. 

SEC. 1539. Notwithstanding any other provision of this division, 

except section 1106, the District of Columbia may expend local 

funds for programs and activities under the heading ‘‘District of 

Columbia Funds’’ for such programs and activities under title IV 

of S. 3677 (111th Congress), as reported by the Committee on 

Appropriations of the Senate, at the rate set forth under ‘‘District 

of Columbia Funds’’ as included in the Fiscal Year 2011 Budget 

Request Act (D.C. Act 18–448), as modified as of the date of the 

enactment of this division. 

SEC. 1540. Section 805(b) of division C of Public Law 111– 

117 is amended by striking ‘‘November 1, 2010’’ and inserting 

‘‘November 1, 2011’’. 

SEC. 1541. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Administrative Conference of the United States, 

Salaries and Expenses’’ shall be $2,750,000. 

SEC. 1542. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Christopher Columbus Fellowship Foundation, 

Salaries and Expenses’’ shall be $500,000. 

SEC. 1543. Notwithstanding section 1101, the level for ‘‘Related 

Agencies and Food and Drug Administration, Independent Agencies, 

Commodity Futures Trading Commission’’ shall be $202,675,000, 

to remain available until September 30, 2012: Provided, That the 

proviso under such heading in Public Law 111–80 shall not apply 

to funds provided by this division: Provided further, That not less 

than $37,200,000 shall be for the highest priority information technology activities of the Commission. 

123 Stat. 3222. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 136 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1544. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Consumer Product Safety Commission, Salaries 

and Expenses’’ shall be $115,018,000, of which $1,000,000 shall 

remain available until September 30, 2012 for the Virginia Graeme 

Baker Pool and Spa Safety Act grant program. 

SEC. 1545. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Election Assistance Commission, Salaries and 

Expenses’’ shall be $16,300,000, of which $3,250,000 shall be transferred to the National Institute of Standards and Technology for 

election reform activities authorized under the Help America Vote 

Act of 2002 (Public Law 107–252). 

SEC. 1546. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Election Assistance Commission, Election Reform 

Programs’’ shall be $0. 

SEC. 1547. Any expenses incurred by the Election Assistance 

Commission using amounts appropriated under the heading ‘‘Election Assistance Commission, Election Reform Programs’’ in the 

Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 327) for any program 

or activity which the Commission is authorized to carry out under 

the Help America Vote Act of 2002 shall be considered to have 

been incurred for the programs and activities described under such 

heading. 

SEC. 1548. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Federal Deposit Insurance Corporation, Office 

of the Inspector General’’ shall be $42,942,000. 

SEC. 1549. (a) Notwithstanding section 1101, the aggregate 

amount of new obligational authority provided under the heading 

‘‘Independent Agencies, General Services Administration, Real Property Activities, Federal Buildings Fund, Limitations on Availability 

of Revenue’’ for Federal buildings and courthouses and other purposes of the Fund shall be $7,597,540,000, of which: (1) $82,000,000 

is for ‘‘Construction and Acquisition’’; and (2) $280,000,000 is for 

‘‘Repairs and Alterations’’. 

(b) The General Services Administration shall submit a detailed 

plan, by project, regarding the use of funds to the Committees 

on Appropriations of the House of Representatives and the Senate 

within 30 days of enactment of this section and will provide notification to the Committees within 15 days prior to any changes 

regarding the use of these funds. 

SEC. 1550. Notwithstanding section 1101, the level for ‘‘Independent Agencies, General Services Administration, General Activities, Government-Wide Policy’’ shall be $66,621,000. 

SEC. 1551. Notwithstanding section 1101, the level for ‘‘Independent Agencies, General Services Administration, General Activities, Operating Expenses’’ shall be $70,022,000, and matters pertaining to the amount of $1,000,000 under such heading shall 

not apply to funds appropriated by this division. 

SEC. 1552. Notwithstanding section 1101, the level for ‘‘Independent Agencies, General Services Administration, General Activities, Electronic Government Fund’’ shall be $8,000,000. 

SEC. 1553. Notwithstanding section 1101, the level for ‘‘Independent Agencies, General Services Administration, General Activities, Allowances and Office Staff for Former Presidents’’ shall be 

$3,800,000. 

Plans. 

Deadlines. 

Notification. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 137 

SEC. 1554. Notwithstanding section 1101, the level for ‘‘Independent Agencies, General Services Administration, General Activities, Federal Citizen Services Fund’’ shall be $34,184,000. 

SEC. 1555. Of the unobligated balances available under the 

heading ‘‘Independent Agencies, General Services Administration, 

Real Property Activities, Federal Buildings Fund, Limitations on 

Availability of Revenue’’, $25,000,000 are rescinded and shall be 

returned to the General Fund of the Treasury. 

SEC. 1556. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Harry S Truman Scholarship Foundation, Salaries and Expenses’’ shall be $750,000. 

SEC. 1557. Notwithstanding section 1101, the level for ‘‘Independent Agencies, National Archives and Records Administration, 

Office of Inspector General’’ shall be $4,250,000. 

SEC. 1558. Notwithstanding section 1101, the level for ‘‘Independent Agencies, National Archives and Records Administration, 

Electronic Records Archives’’ shall be $72,000,000, of which 

$52,500,000 shall remain available until September 30, 2013. 

SEC. 1559. Notwithstanding section 1101, the level for ‘‘Independent Agencies, National Archives and Records Administration, 

Repairs and Restoration’’ shall be $11,848,000. 

SEC. 1560. Of the unobligated balances available under the 

heading ‘‘Independent Agencies, National Archives and Records 

Administration, Repairs and Restoration’’, $3,198,000 are rescinded, 

which shall be derived from amounts made available for a new 

regional archives and records facility in Anchorage, Alaska. 

SEC. 1561. Notwithstanding section 1101, the level for ‘‘Independent Agencies, National Archives and Records Administration, 

National Historical Publications and Records Commission, Grants 

Program’’ shall be $7,000,000. 

SEC. 1562. The amounts included under the heading ‘‘Independent Agencies, Office of Personnel Management, Salaries and 

Expenses’’ in division C of Public Law 111–117 shall be applied 

to funds appropriated by this division by substituting ‘‘$97,970,000’’ 

for ‘‘$102,970,000’’. 

SEC. 1563. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Privacy and Civil Liberties Oversight Board, 

Salaries and Expenses’’ shall be $1,000,000. 

SEC. 1564. Of the unobligated balances available for ‘‘Independent Agencies, Privacy and Civil Liberties Oversight Board, 

Salaries and Expenses’’, $1,500,000 are rescinded. 

SEC. 1565. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Securities and Exchange Commission, Salaries 

and Expenses’’ shall be $1,185,000,000, and the proviso under such 

heading pertaining to prior year unobligated balances shall not 

apply to funds appropriated by this division. 

SEC. 1566. Notwithstanding section 1101, the level provided 

under section 523 of division C of Public Law 111–117 shall be 

$0. 

SEC. 1567. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Small Business Administration, Surety Bond 

Guarantees Revolving Fund’’ shall be $0. 

SEC. 1568. The amounts included under the heading ‘‘Independent Agencies, Small Business Administration, Disaster Loans 

Program Account’’ in division C of Public Law 111–117 shall be 

applied to funds appropriated by this division as follows: 

(1) By substituting ‘‘$0’’ for ‘‘$1,690,000’’. 

Applicability. 

Rescission. 

Applicability. 

Rescission. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 138 PUBLIC LAW 112–10—APR. 15, 2011 

(2) By substituting ‘‘$0’’ for ‘‘$352,357’’. 

(3) By substituting ‘‘$0’’ for ‘‘$1,337,643’’. 

(4) By substituting ‘‘$45,463,000’’ for ‘‘$76,588,200’’. 

(5) By substituting ‘‘$35,463,000’’ for ‘‘$65,278,200’’. 

(6) By substituting ‘‘$0’’ for ‘‘$1,310,000’’. 

SEC. 1569. Notwithstanding section 1118, the amounts included 

under the heading ‘‘Independent Agencies, United States Postal 

Service, Payment to the Postal Service Fund’’ in division C of 

Public Law 111–117 shall be applied to funds appropriated by 

this division as follows: 

(1) By substituting ‘‘$86,705,000’’ for ‘‘$118,328,000’’. 

(2) By substituting ‘‘$74,905,000’’ for ‘‘$89,328,000’’. 

(3) By substituting ‘‘2011’’ for ‘‘2010’’. 

SEC. 1570. Notwithstanding section 1101, the level for ‘‘Independent Agencies, United States Tax Court, Salaries and Expenses’’ 

shall be $52,093,000, of which $2,852,000 shall be for security 

improvements. 

SEC. 1571. Section 617 of Public Law 111–117 is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

SEC. 1572. Section 814 of division C of Public Law 111–117 

shall be applied to funds appropriated by this division by striking 

‘‘Federal’’. 

SEC. 1573. (a) The Consumer Financial Protection Act of 2010 

is amended by adding after section 1016 the following new sections: 

‘‘SEC. 1016A. ANNUAL AUDITS. 

‘‘(a) ANNUAL INDEPENDENT AUDIT.—The Bureau shall order 

an annual independent audit of the operations and budget of the 

Bureau. 

‘‘(b) ANNUAL GAO AUDIT.—The Comptroller General of the 

United States shall conduct an annual audit of the Bureau’s financial statements in accordance with generally accepted government 

accounting standards. 

‘‘SEC. 1016B. GAO STUDY OF FINANCIAL REGULATIONS. 

‘‘(a) STUDY.—Not later than the end of the 180-day period 

beginning on the date of the enactment of this Act, and annually 

thereafter, the Comptroller General of the United States shall conduct a study of financial services regulations, including activities 

of the Bureau. Such study shall include an analysis of— 

‘‘(1) the impact of regulation on the financial marketplace, 

including the effects on the safety and soundness of regulated 

entities, cost and availability of credit, savings realized by 

consumers, reductions in consumer paperwork burden, changes 

in personal and small business bankruptcy filings, and costs 

of compliance with rules, including whether relevant Federal 

agencies are applying sound cost-benefit analysis in promulgating rules; 

‘‘(2) efforts to avoid duplicative or conflicting rulemakings, 

including an evaluation of the consultative process under subparagraphs (B) and (C) of section 1022(b)(2), information 

requests, and examinations; and 

‘‘(3) other matters related to the operations of financial 

services regulations deemed by the Comptroller General to 

be appropriate. 

‘‘(b) REPORT.—Not later than the end of the 30-day period 

following the completion of a study conducted pursuant to subsection (a), the Comptroller General shall issue a report to the 

12 USC 5496b. 

12 USC 5496a. 

Applicability. 

123 Stat. 3203. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 139 

Congress containing a detailed description of all findings and conclusions made by the Comptroller General in carrying out such study, 

together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate.’’. 

(b) The table of contents for the Dodd-Frank Wall Street Reform 

and Consumer Protection Act is amended by inserting after the 

item relating to section 1016 the following new items: 

‘‘Sec. 1016A. Annual audits. 

‘‘Sec. 1016B. GAO study of financial regulations.’’. 

(c) The initial audits described under section 1016A of the 

Consumer Financial Protection Act of 2010 shall be completed not 

later than the end of the 180-day period beginning on the date 

of the enactment of this Act. 

SEC. 1574. The Government Accountability Office is directed 

to report to the Committees on Appropriations of the House of 

Representatives and the Senate on the data collected by the Consumer Product Safety Commission (CPSC) under section 6A of 

the Consumer Product Safety Act (15 U.S.C. 2055a) within 180 

days of enactment of this division. This study shall include an 

analysis of: 

(1) Whether the information submitted is required to be 

from first-hand knowledge. 

(2) Whether the information required for submission of 

a complaint is sufficient to enable the CPSC, where appropriate, 

to investigate the facts surrounding the incident and determine 

the material accuracy of the report. 

(3) Whether the information submitted to the database 

with respect to a product is sufficient to enable consumers, 

the CPSC, and manufacturers to identify such product. 

(4) Whether the length of time before posting complaints 

is a reasonable timeframe for adjudicating pending claims of 

material inaccuracy. 

SEC. 1575. Notwithstanding section 1101, the limits set forth 

in section 702 of Public Law 111–117 shall not apply to any vehicle 

that is a commercial item and which operates on emerging motor 

vehicle technology, including but not limited to electric, plug-in 

hybrid electric, and hydrogen fuel cell vehicles. 

SEC. 1576. (a) Section 1403(8) of the Virginia Graeme Baker 

Pool and Spa Safety Act (15 U.S.C. 8002(8)) is amended by adding 

at the end the following: ‘‘For purposes of eligibility for the grants 

authorized under section 1405, such term shall also include any 

political subdivision of a State.’’. 

(b) Section 1405(e) of the Virginia Graeme Baker Pool and 

Spa Safety Act (15 U.S.C. 8004 (e)) is amended by striking ‘‘2010’’ 

and inserting ‘‘2011’’. 

TITLE VI—HOMELAND SECURITY 

SEC. 1601. Within 24 days after the date of enactment of 

this division, the Secretary of Homeland Security shall submit 

to the Committees on Appropriations of the Senate and the House 

of Representatives an expenditure plan for fiscal year 2011 that 

displays the level of funding by program, project, and activity consistent with the table of detailed funding recommendations contained at the end of the joint explanatory statement accompanying 

the Department of Homeland Security Appropriations Act, 2010 

Deadline. 

Expenditure 

plan. 

Reports. 

Deadline. 

12 USC 5496a 

note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 140 PUBLIC LAW 112–10—APR. 15, 2011 

(Public Law 111–83) and the classified annex accompanying this 

division: Provided, That all plans for expenditure required in Public 

Law 111-83 shall be updated for fiscal year 2011 budget authority 

and submitted to the Committees on Appropriations of the Senate 

and House of Representatives within 45 days after the date of 

enactment of this division, notwithstanding the specified withholding of funds and associated approval requirements. 

SEC. 1602. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Office of the Secretary and Executive 

Management’’ shall be $136,818,000. 

SEC. 1603. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Office of the Under Secretary for 

Management’’ shall be $239,933,000. 

SEC. 1604. Notwithstanding section 1101, for an additional 

amount under the heading ‘‘Department of Homeland Security, 

Office of the Under Secretary for Management’’, $77,400,000, to 

plan, acquire, construct, renovate, remediate, equip, furnish, and 

occupy buildings and facilities for the consolidation of the Department of Homeland Security headquarters. 

SEC. 1605. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Office of the Chief Financial Officer’’ 

shall be $53,430,000, of which $4,000,000 shall remain available 

until September 30, 2014, for financial systems consolidation efforts. 

SEC. 1606. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Office of the Chief Information Officer’’ 

shall be $333,393,000. 

SEC. 1607. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Office of the Federal Coordinator for 

Gulf Coast Rebuilding’’ shall be $0. 

SEC. 1608. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Customs and Border Protection, 

Salaries and Expenses’’ shall be $8,212,626,000: Provided, That 

for fiscal year 2011, the Border Patrol shall achieve an active 

duty presence of not less than 21,370 agents protecting the border 

of the United States by September 30, 2011. 

SEC. 1609. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Customs and Border Protection, 

Automation Modernization’’ shall be $336,575,000, of which 

$148,090,000 shall be for the Automated Commercial Environment. 

SEC. 1610. (a) Notwithstanding section 1101, the level for 

‘‘Department of Homeland Security, U.S. Customs and Border 

Protection, Border Security Fencing, Infrastructure, and Technology’’ shall be $574,173,000. 

(b) Paragraph (11) of the first proviso and the third and fourth 

provisos under the heading ‘‘Border Security Fencing, Infrastructure, and Technology’’ of Public Law 111–83 shall not apply to 

funds appropriated by this division. 

SEC. 1611. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Customs and Border Protection, 

Air and Marine Interdiction, Operations, Maintenance, and Procurement’’ shall be $516,326,000. 

SEC. 1612. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Customs and Border Protection, 

Construction and Facilities Management’’ shall be $260,000,000. 

SEC. 1613. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Immigration and Customs 

Expenditure 

plans. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 141 

Enforcement, Salaries and Expenses’’ shall be $5,437,643,000: Provided, That U.S. Immigration and Customs Enforcement shall maintain a level of not fewer than 33,400 detention beds throughout 

fiscal year 2011. 

SEC. 1614. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Immigration and Customs 

Enforcement, Automation Modernization’’ shall be $74,000,000. 

SEC. 1615. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, U.S. Immigration and Customs 

Enforcement, Construction’’ shall be $0. 

SEC. 1616. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Transportation Security Administration, Aviation Security’’ shall be $5,219,546,000: Provided, That 

the amounts included under such heading in Public Law 111– 

83 shall be applied to funds appropriated by this division as follows: 

by substituting ‘‘$5,219,546,000’’ for ‘‘$5,214,040,000’’; by substituting ‘‘$4,307,793,000’’ for ‘‘$4,358,076,000’’; by substituting 

‘‘$629,297,000’’ for ‘‘$1,116,406,000’’; by substituting ‘‘$911,753,000’’ 

for ‘‘$855,964,000’’; by substituting ‘‘$291,191,000’’ for 

‘‘$778,300,000’’; by substituting ‘‘9 percent’’ for ‘‘28 percent’’; and 

by substituting ‘‘$3,119,546,000’’ for ‘‘$3,114,040,000’’: Provided further, That none of the funds in this division may be used for 

any recruiting or hiring of personnel into the Transportation Security Administration that would cause the agency to exceed a staffing 

level of 46,000 full-time equivalent screeners: Provided further, That the preceding proviso shall not apply to personnel hired as 

part-time employees: Provided further, That not later than August 

15, 2011, the Secretary of Homeland Security shall submit to the 

Committees on Appropriations of the Senate and House of Representatives a detailed report on: (1) the Department’s efforts and 

the resources being devoted to develop more advanced integrated 

passenger screening technologies for the most effective security 

of passengers and baggage at the lowest possible operating and 

acquisition costs; (2) how the Transportation Security Administration is deploying its existing screener workforce in the most cost 

effective manner; and (3) labor savings from the deployment of 

improved technologies for passengers and baggage screening and 

how those savings are being used to offset security costs or 

reinvested to address security vulnerabilities. 

SEC. 1617. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Transportation Security Administration, Surface Transportation Security’’ shall be $105,961,000. 

SEC. 1618. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Transportation Security Administration, Transportation Threat Assessment and Credentialing’’ shall 

be $162,999,000. 

SEC. 1619. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Transportation Security Administration, Transportation Security Support’’ shall be $988,638,000. 

SEC. 1620. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Transportation Security Administration, Federal Air Marshals’’ shall be $929,802,000. 

SEC. 1621. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Coast Guard, Operating Expenses’’ 

shall be $6,907,338,000, of which $254,000,000 is designated as 

being for contingency operations directly related to the global war 

on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

Deadline. 

Reports. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 142 PUBLIC LAW 112–10—APR. 15, 2011 

and as an emergency requirement pursuant to section 403(a) of 

S. Con. Res. 13 (111th Congress), the concurrent resolution on 

the budget for fiscal year 2010: Provided, That the Coast Guard 

may decommission one Medium Endurance Cutter, two High Endurance Cutters, four HU-25 aircraft, and one Maritime Safety and 

Security Team, and may make necessary staffing adjustments at 

the Coast Guard Investigative Service and other support units, 

as specified in the budget justification materials for fiscal year 

2011 as submitted to the Committees on Appropriations of the 

Senate and House of Representatives. 

SEC. 1622. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Coast Guard, Acquisition, Construction, 

and Improvements’’ shall be $1,519,783,000, of which $42,000,000 

shall be for vessels, small boats, critical infrastructure, and related 

equipment; of which $36,000,000 shall be for other equipment; 

of which $69,200,000 shall be for shore, military housing, and 

aids to navigation facilities, including waterfront facilities at Navy 

installations used by the Coast Guard, of which $2,000,000 may 

be derived from the Coast Guard Housing Fund established pursuant to 14 U.S.C. 687; of which $106,083,000 shall be available 

for personnel compensation and benefits and related costs; and 

of which $1,266,500,000 shall be for the Integrated Deepwater 

Systems program: Provided, That of the funds made available for 

the Integrated Deepwater Systems program, $101,000,000 is for 

aircraft and $1,010,000,000 is for surface ships: Provided further, That of the funds provided for surface ships, $692,000,000 is available for the procurement of the fifth National Security Cutter, 

including procurement of the production of such cutter and production-related activities and post-delivery activities associated with 

such cutter. 

SEC. 1623. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Coast Guard, Alteration of Bridges’’ 

shall be $0. 

SEC. 1624. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Coast Guard, Research, Development, 

Test, and Evaluation’’ shall be $24,745,000, of which $4,000,000 

shall be for research, development, test, and evaluation of technologies to prevent and respond to oil and hazardous substance 

spills. 

SEC. 1625. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, United States Secret Service, Salaries 

and Expenses’’ shall be $1,514,361,000. 

SEC. 1626. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, National Protection and Programs 

Directorate, Management and Administration’’ shall be $43,577,000. 

SEC. 1627. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, National Protection and Programs 

Directorate, Infrastructure Protection and Information Security’’ 

shall be $840,444,000. 

SEC. 1628. Notwithstanding section 1101, under the heading 

‘‘Department of Homeland Security, National Protection and Programs Directorate, Federal Protective Service’’, the revenues and 

collections of security fees credited to this account shall be available 

until expended for necessary expenses related to the protection 

of federally-owned and leased buildings and for the operations of 

the Federal Protective Service: Provided, That, no later than September 30, 2011, the Federal Protective Service shall maintain 

Deadline. 

Staffing levels. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 143 

not fewer than 1,250 full-time staff and 935 full-time Police Officers, 

Inspectors, Area Commanders, and Special Agents who, while 

working, are directly engaged on a daily basis protecting and 

enforcing laws at Federal buildings (referred to as ‘‘in-service field 

staff’’). 

SEC. 1629. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, National Protection and Programs 

Directorate, United States Visitor and Immigrant Status Indicator 

Technology’’ shall be $334,613,000. 

SEC. 1630. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Office of Health Affairs’’ shall be 

$139,734,000, of which $27,053,000 is for salaries and expenses. 

SEC. 1631. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, Management and Administration’’ shall be $788,400,000, 

of which $35,250,000 shall be for the Urban Search and Rescue 

Response System: Provided, That the directed obligations under 

such heading for capital improvements at the Mount Weather Emergency Operations Center in Public Law 111–83 shall have no force 

or effect to funds appropriated by this division. 

SEC. 1632. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, State and Local Programs’’ shall be $2,229,500,000: Provided, That of the amount provided by this division for the State 

Homeland Security Grant Program under such heading, $55,000,000 

shall be for Operation Stonegarden; $45,000,000 shall be for the 

Driver’s License Security Grant Program; $10,000,000 shall be for 

the Citizen Corps Program; and $35,000,000 shall be for the Metropolitan Medical Response System: Provided further, That the 

amounts provided by this division for the Citizen Corps Program 

under such heading shall not be subject to the requirements of 

subtitle A of title XX of the Homeland Security Act of 2002 (6 

U.S.C. 603 et seq.): Provided further, That of the amount provided 

by this division for Public Transportation Security Assistance and 

Railroad Security Assistance under such heading, no less than 

$20,000,000 shall be for Amtrak security and no less than 

$5,000,000 shall be for Over-the-Road Bus Security: Provided further, That the amounts included under such heading in Public 

Law 111–83 shall be applied to funds appropriated by this division 

as follows: in paragraph (1), by substituting ‘‘$725,000,000’’ for 

‘‘$950,000,000’’; in paragraph (2), by substituting ‘‘$725,000,000’’ 

for ‘‘$887,000,000’’; in paragraph (3), by substituting ‘‘$15,000,000’’ 

for ‘‘$35,000,000’’; in paragraph (4), by substituting ‘‘$0’’ for 

‘‘$41,000,000’’; in paragraph (5), by substituting ‘‘$0’’ for 

‘‘$13,000,000’’; in paragraph (6), by substituting ‘‘$250,000,000’’ for 

‘‘$300,000,000’’; in paragraph (7), by substituting ‘‘$250,000,000’’ 

for ‘‘$300,000,000’’; in paragraph (8), by substituting ‘‘$0’’ for 

‘‘$12,000,000’’; in paragraph (9), by substituting ‘‘$0’’ for 

‘‘$50,000,000’’; in paragraph (10), by substituting ‘‘$0’’ for 

‘‘$50,000,000’’; in paragraph (11), by substituting ‘‘$0’’ for 

‘‘$50,000,000’’; in paragraph (12), by substituting ‘‘$15,000,000’’ for 

‘‘$60,000,000’’ and by substituting ‘‘0’’ for each following amount 

in such paragraph; in paragraph (13), by substituting 

‘‘$249,500,000’’ for ‘‘$267,200,000’’, of which $155,500,000 shall be 

for training of State, local, and tribal emergency response providers: 

Provided further, That the directed obligations provisions in paragraphs 13(A), 13(B), and 13(C) under such heading in Public Law 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 144 PUBLIC LAW 112–10—APR. 15, 2011 

111–83 shall have no force or effect to funds appropriated in this 

division: Provided further, That 5.8 percent of the amount provided 

for ‘‘Department of Homeland Security, Federal Emergency Management Agency, State and Local Programs’’ by this division shall 

be transferred to ‘‘Department of Homeland Security, Federal Emergency Management Agency, Management and Administration’’ for 

program administration. 

SEC. 1633. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, Firefighter Assistance Grants’’ for programs authorized 

by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

2201 et seq.) shall be $810,000,000, of which $405,000,000 shall 

be available to carry out section 33 of that Act (15 U.S.C. 2229) 

and $405,000,000 shall be available to carry out section 34 of 

that Act (15 U.S.C. 2229a): Provided, That the proviso included 

under ‘‘Federal Emergency Management Agency, Firefighter Assistance Grants’’ in the Department of Homeland Security Appropriations Act, 2010 (Public Law 111–83) shall have no force or effect: 

Provided further, That 5.8 percent of the amount available under 

this heading shall be transferred to ‘‘Department of Homeland 

Security, Federal Emergency Management Agency, Management 

and Administration’’ for program administration: Provided further, 

That none of the funds made available in this division may be 

used to enforce the requirements in— 

(1) section 34(a)(1)(A) of the Federal Fire Prevention and 

Control Act of 1974 (15 U.S.C. 2229a(a)(1)(A)); 

(2) section 34(a)(1)(E) of such Act; and 

(3) section 34(c)(1) of such Act. 

SEC. 1634. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, Disaster Relief’’ shall be $2,650,000,000: Provided, That 

the Administrator of the Federal Emergency Management Agency 

shall submit quarterly reports to the Committees on Appropriations 

of the Senate and the House of Representatives providing estimates 

of funding requirements for ‘‘Disaster Relief’’ for the current fiscal 

year and the succeeding three fiscal years: Provided further, That 

the report shall provide (a) an estimate, by quarter, for the costs 

of all previously designated disasters; (b) an estimate, by quarter, 

for the cost of future disasters based on a five year average, 

excluding catastrophic disasters; and (c) an estimate of the date 

on which the ‘‘Disaster Relief’’ balance will reach $800,000,000. 

SEC. 1635. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, Flood Map Modernization Fund’’ shall be $182,000,000. 

SEC. 1636. Notwithstanding section 1101, in fiscal year 2011, 

funds shall not be available from the National Flood Insurance 

Fund under section 1310 of the National Flood Insurance Act of 

1968 (42 U.S.C. 4017) for operating expenses in excess of 

$110,000,000, and for agents’ commissions and taxes in excess 

of $963,339,000: Provided, That notwithstanding section 1101, for 

activities under the National Flood Insurance Act of 1968 (42 U.S.C. 

4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 

U.S.C. 4001 et seq.), the level shall be $169,000,000, which shall 

be derived from offsetting collections assessed and collected under 

1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 

4015(d)), of which not to exceed $22,145,000 shall be available 

for salaries and expenses associated with flood mitigation and flood 

Deadlines. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 145 

insurance operations; and not less than $146,855,000 shall be available for floodplain management and flood mapping, which shall 

remain available until September 30, 2012. 

SEC. 1637. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, National Predisaster Mitigation Fund’’ shall be 

$50,000,000: Provided, That the directed obligations under such 

heading in Public Law 111–83 shall have no force or effect to 

funds appropriated in this division. 

SEC. 1638. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Emergency Management 

Agency, Emergency Food and Shelter’’ shall be $120,000,000. 

SEC. 1639. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, United States Citizenship and 

Immigration Services’’ shall be $146,593,000, of which $25,000,000 

is for processing applications for asylum and refugee status, and 

of which $103,400,000 shall be for the E-Verify Program. 

SEC. 1640. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Law Enforcement Training 

Center, Salaries and Expenses’’ shall be $235,919,000. 

SEC. 1641. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Federal Law Enforcement Training 

Center, Acquisitions, Construction, Improvements, and Related 

Expenses’’ shall be $35,456,000. 

SEC. 1642. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Science and Technology, Management 

and Administration’’ shall be $141,200,000. 

SEC. 1643. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Science and Technology, Research, 

Development, Acquisition, and Operations’’ shall be $688,036,000, 

of which $40,000,000 shall remain available until September 30, 

2013, for construction of the National Bio- and Agro-defense Facility 

central utility plant: Provided, That the final proviso included under 

the heading ‘‘Department of Homeland Security, Science and Technology, Research, Development, Acquisition, and Operations’’ in 

the Department of Homeland Security Appropriations Act, 2010 

(Public Law 111–83) shall have no force or effect: Provided further, 

That funding for university programs shall not be reduced by more 

than twenty percent from the fiscal year 2010 enacted level. 

SEC. 1644. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Domestic Nuclear Detection Office, 

Management and Administration’’ shall be $36,992,000. 

SEC. 1645. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Domestic Nuclear Detection Office, 

Research, Development, and Operations’’ shall be $275,437,000. 

SEC. 1646. Notwithstanding section 1101, the level for ‘‘Department of Homeland Security, Domestic Nuclear Detection Office, 

Systems Acquisition’’ shall be $30,000,000. 

SEC. 1647. (a) Section 560 of Public Law 111–83 shall not 

apply to funds appropriated by this division. 

(b) No funding provided in this division shall be used for 

construction of the National Bio- and Agro-defense Facility until 

the Department of Homeland Security has, pursuant to the schedule 

submitted by the Department of Homeland Security on March 31, 

2011, to the Committees on Appropriations of the Senate and House 

of Representatives— 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 146 PUBLIC LAW 112–10—APR. 15, 2011 

(1) completed 50 percent of design planning for the National 

Bio- and Agro-defense Facility, and 

(2) submitted to the Committees on Appropriations of the 

Senate and the House of Representatives a revised site-specific 

biosafety and biosecurity mitigation risk assessment that 

describes how to significantly reduce risks of conducting essential research and diagnostic testing at the National Bio- and 

Agro-defense Facility and addresses shortcomings identified in 

the National Academy of Sciences’ evaluation of the initial 

site-specific biosafety and biosecurity mitigation risk assessment. 

(c) The revised site-specific biosafety and biosecurity mitigation 

risk assessment required by subsection (b) shall— 

(1) include a quantitative risk assessment for foot-andmouth disease virus, in particular epidemiological and economic 

impact modeling to determine the overall risk of operating 

the facility for its expected 50-year life span, taking into account 

strategies to mitigate risk of foot-and-mouth disease virus 

release from the laboratory and ensure safe operations at the 

approved National Bio- and Agro-defense Facility site; 

(2) address the impact of surveillance, response, and mitigation plans (developed in consultation with local, State, and 

Federal authorities and appropriate stakeholders) if a release 

occurs, to detect and control the spread of disease; and 

(3) include overall risks of the most dangerous pathogens 

the Department of Homeland Security expects to hold in the 

National Bio- and Agro-defense Facility’s biosafety level 4 

facility, and effectiveness of mitigation strategies to reduce 

those risks. 

(d) The Department of Homeland Security shall enter into 

a contract with the National Academy of Sciences to evaluate the 

adequacy and validity of the risk assessment required by subsection 

(b). The National Academy of Sciences shall submit a report on 

such evaluation within four months after the date the Department 

of Homeland Security concludes its risk assessment. 

SEC. 1648. Section 503 of the Department of Homeland Security 

Appropriations Act, 2010 (Public Law 111–83) is amended by adding 

at the end the following: 

‘‘(e) The notification thresholds and procedures set forth in 

this section shall apply to any use of deobligated balances of funds 

provided in previous Department of Homeland Security Appropriations Acts.’’. 

SEC. 1649. For fiscal year 2011, sections 529, 541, and 545 

of the Department of Homeland Security Appropriations Act, 2010 

(Public Law 111-83; 123 Stat. 2174, 2176) shall have no force 

or effect. 

SEC. 1650. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 

note) is amended by striking ‘‘on October 4, 2010’’ and inserting 

‘‘on October 4, 2011’’. 

SEC. 1651. Section 831 of the Homeland Security Act of 2002 

(6 U.S.C. 391) is amended— 

(1) in subsection (a), by striking ‘‘Until September 30, 2010’’ 

and inserting ‘‘Until September 30, 2011’’; and 

(2) in subsection (d)(1), by striking ‘‘September 30, 2010’’ 

and inserting ‘‘September 30, 2011’’. 

Applicability. 

123 Stat. 2168. 

Reports. 

Deadline. 

Contracts. 

Assessment. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 147 

SEC. 1652. Section 532(a) of Public Law 109–295 (120 Stat. 

1384) is amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 

SEC. 1653. For an additional amount for necessary expenses 

for reimbursement of the actual costs to State and local governments 

for providing emergency management, public safety, and security 

at events, as determined by the Administrator of the Federal Emergency Management Agency, related to the presence of a National 

Special Security Event, $7,500,000, to remain available until September 30, 2012. 

SEC. 1654. Notwithstanding the 10 percent limitation contained 

in section 503(c)of the Department of Homeland Security Appropriations Act, 2010 (Public Law 111–83), 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. 

SEC. 1655. Of the funds transferred to the Department of 

Homeland Security when it was created in 2003, the following 

funds are hereby rescinded from the following accounts and programs in the specified amounts: 

(1) $1,692,000 from ‘‘Operations’’. 

(2) $4,871,492 from ‘‘Violent Crime Reduction Program’’. 

(3) $17,195,677 from ‘‘U.S. Customs and Border Protection, 

Salaries and Expenses’’. 

(4) $10,568,934 from ‘‘Office for Domestic Preparedness’’. 

SEC. 1656. The following unobligated balances made available 

to the Department of Homeland Security pursuant to section 505 

of Department of Homeland Security Appropriations Act, 2010 

(Public Law 111–83; 123 Stat. 2174) are rescinded: 

(1) $1,437,015 from ‘‘Office of the Secretary and Executive 

Management’’. 

(2) $821,104 from ‘‘Office of the Under Secretary for 

Management’’. 

(3) $242,720 from ‘‘Office of the Chief Financial Officer’’. 

(4) $23,143 from ‘‘Office of the Chief Information Officer’’. 

(5) $440,847 from ‘‘Analysis and Operations’’. 

(6) $76,498 from ‘‘Office of the Federal Coordinator for 

Gulf Coast Rebuilding’’. 

(7) $223,301 from ‘‘Office of Inspector General’’. 

(8) $12,503,273 from ‘‘U.S. Customs and Border Protection, 

Salaries and Expenses’’. 

(9) $18,214,469 from ‘‘U.S. Immigration and Customs 

Enforcement, Salaries and Expenses’’. 

(10) $2,429,978 from ‘‘Transportation Security Administration, Federal Air Marshals’’. 

(11) $13,508,196 from ‘‘Coast Guard, Operating Expenses’’. 

(12) $3,411,505 from ‘‘Coast Guard, Reserve Training’’. 

(13) $150,499 from ‘‘National Protection and Programs 

Directorate, Management and Administration’’. 

(14) $861,290 from ‘‘National Protection and Programs 

Directorate, Infrastructure Protection and Information Security’’. 

(15) $602,956 from ‘‘United States Secret Service, Salaries 

and Expenses’’. 

(16) $814,153 from ‘‘Federal Emergency Management 

Agency, Management and Administration’’. 

Rescissions. 

Notification. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 148 PUBLIC LAW 112–10—APR. 15, 2011 

(17) $831,400 from ‘‘Office of Health Affairs’’. 

(18) $7,945,983 from ‘‘United States Citizenship and 

Immigration Services’’. (19) $1,010,795 from ‘‘Federal Law Enforcement Training 

Center, Salaries and Expenses’’. 

(20) $425,465 from ‘‘Science and Technology, Management 

and Administration’’. 

(21) $42,257 from ‘‘Domestic Nuclear Detection Office, 

Management and Administration’’. 

SEC. 1657. Of the funds appropriated to the Department of 

Homeland Security, the following unobligated balances are hereby 

rescinded from the following accounts and programs in the specified 

amounts: 

(1) $10,000,000 from ‘‘U.S. Customs and Border Protection, 

Automation Modernization’’. 

(2) $129,000,000 from ‘‘U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology’’. (3) $19,603,000 from ‘‘Federal Emergency Management 

Agency, National Predisaster Mitigation Fund’’. (4) $60,600,000 from ‘‘Science and Technology, Research, 

Development, Acquisition, and Operations’’. (5) $10,886,000 from ‘‘Domestic Nuclear Detection Office, 

Research, Development, and Operations’’. (6) $10,122,000 from ‘‘Coast Guard, Acquisition, Construction, and Improvements’’. 

SEC. 1658. Of the unobligated balances made available under 

section 44945 of title 49, United States Code, $800,000 is rescinded. 

SEC. 1659. Of the unobligated balances available for ‘‘Department of Homeland Security, Transportation Security Administration’’, $15,000,000 is rescinded: Provided, that the Transportation 

Security Administration shall not rescind any unobligated balances 

from the following programs: explosives detection systems, checkpoint support, aviation regulation and other enforcement, and air 

cargo. 

SEC. 1660. Of the unobligated balances available for ‘‘Department of Homeland Security, National Protection and Programs 

Directorate, Infrastructure Protection and Information Security’’, 

the following amounts are rescinded— 

(1) $6,000,000 from Next Generation Networks; and 

(2) $9,600,000 to be specified in a report submitted to 

the Committees on Appropriations of the Senate and the House 

of Representatives no later than 15 days after the date of 

enactment of this division, which describes the amounts 

rescinded and the original purpose of such funds. 

SEC. 1661. From the unobligated balances of funds made available in the Department of the Treasury Forfeiture Fund established 

by section 9703 of title 31, United States Code, which was added 

to such title by section 638 of Public Law 102–393, $22,600,000 

is rescinded. 

SEC. 1662. From the unobligated balances of prior year appropriations made available for ‘‘Department of Homeland Security, 

National Protection and Programs Directorate, United States Visitor 

and Immigrant Indicator Technology’’, $32,795,000 is rescinded. 

SEC. 1663. From the unobligated balances of prior year appropriations made available for ‘‘Department of Homeland Security, 

United States Citizenship and Immigration Services’’, $13,000,000 

is rescinded: Provided, That United States Citizenship and 

Rescission. 

Rescission. 

Rescission. 

Reports. 

Deadline. 

Rescissions. 

Rescission. 

Rescission. 

Rescissions. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 149 

Immigration Services shall not rescind any unobligated balances 

from the following programs and activities: E-Verify, data center 

migration, and processing applications for asylum and refugee 

status. 

SEC. 1664. Of the unobligated balances available for ‘‘Department of Homeland Security, U.S. Immigration and Customs 

Enforcement, Construction’’, $10,000,000 is rescinded. 

TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED 

AGENCIES 

SEC. 1701. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Land Management, Management 

of Lands and Resources’’ shall be $963,706,000: Provided, That 

the amounts included under such heading in division A of Public 

Law 111–88 shall be applied to funds appropriated by this division 

by substituting ‘‘$963,706,000’’ for ‘‘$959,571,000’’ the second place 

it appears. 

SEC. 1702. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Land Management, Construction’’ 

shall be $4,626,000. 

SEC. 1703. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Land Management, Land Acquisition’’ shall be $22,000,000: Provided, That the proviso under such 

heading in division A of Public Law 111–88 shall not apply to 

funds appropriated by this division. 

SEC. 1704. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, 

Resource Management’’ shall be $1,247,356,000. 

SEC. 1705. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, 

Construction’’ shall be $20,846,000. 

SEC. 1706. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, Land 

Acquisition’’ shall be $55,000,000. 

SEC. 1707. Of the unobligated amounts available for ‘‘Department of the Interior, United States Fish and Wildlife Service, Landowner Incentive Program’’ from prior year appropriations, all 

remaining amounts are rescinded. 

SEC. 1708. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, 

Cooperative Endangered Species Conservation Fund’’ shall be 

$60,000,000: Provided, That amounts included under such heading 

in division A of Public Law 111–88 shall be applied to funds 

appropriated by this division as follows: by substituting ‘‘$4,987,297’’ 

for ‘‘$5,145,706’’; and by substituting ‘‘$31,000,000’’ for 

‘‘$56,000,000’’. 

SEC. 1709. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, North 

American Wetlands Conservation Fund’’ shall be $37,500,000. 

SEC. 1710. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, 

Neotropical Migratory Bird Conservation’’ shall be $4,000,000. 

SEC. 1711. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, Multinational Species Conservation Fund’’ shall be $10,000,000. 

Applicability. 

Rescission. 

Applicability. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 150 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1712. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Fish and Wildlife Service, State 

and Tribal Wildlife Grants’’ shall be $62,000,000. 

SEC. 1713. Before the end of the 60-day period beginning on 

the date of enactment of this Act, the Secretary of the Interior 

shall reissue the final rule published on April 2, 2009 (74 Fed. 

Reg. 15123 et seq.) without regard to any other provision of statute 

or regulation that applies to issuance of such rule. Such reissuance 

(including this section) shall not be subject to judicial review and 

shall not abrogate or otherwise have any effect on the order and 

judgment issued by the United States District Court for the District 

of Wyoming in Case Numbers 09–CV–118J and 09–CV–138J on 

November 18, 2010. 

SEC. 1714. Notwithstanding section 1101, the level for ‘‘Department of the Interior, National Park Service, Operation of the 

National Park System’’ shall be $2,254,559,000. 

SEC. 1715. Notwithstanding section 1101, the level for ‘‘Department of the Interior, National Park Service, Park Partnership 

Project Grants’’ shall be $0 and the matters pertaining to such 

account in division A of Public Law 111–88 shall not apply to 

funds appropriated by this division. 

SEC. 1716. Notwithstanding section 1101, the level for ‘‘Department of the Interior, National Park Service, National Recreation 

and Preservation’’ shall be $57,986,000, of which $0 shall be for 

projects authorized by section 7302 of Public Law 111–11. 

SEC. 1717. Notwithstanding section 1101, the level for ‘‘Department of the Interior, National Park Service, Historic Preservation 

Fund’’ shall be $54,500,000: Provided, That the amounts included 

under such heading in division A of Public Law 111–88 shall be 

applied to funds appropriated by this division by substituting ‘‘$0’’ 

for ‘‘$25,000,000’’: Provided further, That the proviso under such 

heading in division A of Public Law 111–88 shall not apply to 

funds appropriated by this division. 

SEC. 1718. Notwithstanding section 1101, the level for ‘‘Department of the Interior, National Park Service, Construction’’ shall 

be $210,066,000: Provided, That the last proviso under such heading 

in division A of Public Law 111–88 shall not apply to funds appropriated by this division. 

SEC. 1719. The contract authority provided for fiscal year 2011 

by 16 U.S.C. 460l-10a is rescinded. 

SEC. 1720. Notwithstanding section 1101, the level for ‘‘Department of the Interior, National Park Service, Land Acquisition and 

State Assistance’’ shall be $95,000,000: Provided, That section 113 

of division A of Public Law 111–88 shall not apply to funds appropriated by this division. 

SEC. 1721. Of the unobligated amounts available for ‘‘Department of the Interior, National Park Service, Urban Park and Recreation Fund,’’ $625,000 is rescinded. 

SEC. 1722. Notwithstanding section 1101, the level for ‘‘Department of the Interior, United States Geological Survey, Surveys, 

Investigations, and Research’’ shall be $1,085,844,000: Provided, 

That none of the matter after ‘‘September 30, 2011’’ and before 

the first proviso under such heading in division A of Public Law 

111–88 shall apply to funds appropriated by this division. 

SEC. 1723. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Minerals Management Service, Royalty and 

Applicability. Offshore Minerals Management’’ shall be $239,478,000: Provided, 

Applicability. 

Rescission. 

Rescission. 

16 USC 460l–10a 

note. 

Applicability. 

Time period. 

Regulations. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 151 

That the amounts included under such heading in division A of 

Public Law 111–88 shall be applied to funds appropriated by this 

division as follows: by substituting ‘‘$109,494,000’’ for ‘‘$89,374,000’’; 

by substituting ‘‘$154,890,000’’ for ‘‘$156,730,000’’ each place it 

appears; and by substituting ‘‘2011’’ for ‘‘2010’’ each place it appears. 

SEC. 1724. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Minerals Management Service, Oil Spill 

Research’’ shall be $11,768,000. 

SEC. 1725. During fiscal year 2011, the Secretary of the Interior, 

in order to implement a reorganization of the Bureau of Ocean 

Energy Management, Regulation and Enforcement, may establish 

accounts and transfer funds among and between the offices and 

bureaus affected by the reorganization only in conformance with 

the Committees on Appropriations of the House of Representatives 

and the Senate reprogramming guidelines described in the joint 

explanatory statement of managers accompanying Public Law 111– 

88. 

SEC. 1726. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Indian Affairs, Operation of Indian 

Programs’’ shall be $2,334,515,000: Provided, That the amounts 

included under such heading in division A of Public Law 111– 

88 shall be applied to funds appropriated by this division as follows: 

by substituting ‘‘$220,000,000’’ for ‘‘$166,000,000’’; by substituting 

‘‘$585,411,000’’ for ‘‘$568,702,000’’; and by substituting 

‘‘$46,373,000’’ for ‘‘$43,373,000’’. 

SEC. 1727. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Indian Affairs, Construction’’ shall 

be $210,000,000. 

SEC. 1728. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Indian Affairs, Indian Land and 

Water Claim Settlements and Miscellaneous Payments to Indians’’ 

shall be $46,480,000, of which $0 shall be for the matter pertaining 

to Public Law 109-379. 

SEC. 1729. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Bureau of Indian Affairs, Indian Land Consolidation’’ shall be $0. 

SEC. 1730. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Departmental Offices, Insular Affairs, Assistance to Territories’’ shall be $84,295,000: Provided, That the 

amounts included under such heading in division A of Public Law 

111–88 shall be applied to funds appropriated by this division 

by substituting ‘‘$75,015,000’’ for ‘‘$75,915,000’’. 

SEC. 1731. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Departmental Offices, Office of the Special 

Trustee for American Indians, Federal Trust Programs’’ shall be 

$161,000,000: Provided, That the amounts included under such 

heading in division A of Public Law 111–88, as amended by Public 

Law 111–212, shall be applied to funds appropriated by this division 

by substituting ‘‘$31,534,000’’ for ‘‘$47,536,000’’. 

SEC. 1732. Notwithstanding section 1101, the level for ‘‘Department of the Interior, Department-wide Programs, Wildland Fire 

Management’’ shall be $919,897,000: Provided, That the amounts 

included under such heading in division A of Public Law 111– 

88 shall be applied to funds appropriated by this division by substituting ‘‘$0’’ for ‘‘$125,000,000’’: Provided further, That of the 

unobligated balances available under such heading in division A 

of Public Law 111–88 and prior appropriations Acts, $200,000,000 

Rescission. 

Applicability. 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 152 PUBLIC LAW 112–10—APR. 15, 2011 

is rescinded: Provided further, That no amounts in this section 

may be rescinded from amounts that were designated by Congress 

as an emergency requirement pursuant to a concurrent resolution 

on the budget or the Balanced Budget Emergency Deficit Control 

Act of 1985. 

SEC. 1733. Section 121 of division A of Public Law 111–88 

(123 Stat. 2930), concerning joint ticketing at the Pearl Harbor 

Naval Complex, is amended in subsection (b)(1) by striking ‘‘may 

enter’’ and inserting ‘‘may, for this fiscal year and each fiscal 

year thereafter, enter’’. 

SEC. 1734. Notwithstanding section 1101, the level for ‘‘Environmental Protection Agency, Science and Technology’’ shall be 

$815,110,000. 

SEC. 1735. Notwithstanding section 1101, the level for ‘‘Environmental Protection Agency, Environmental Programs and Management’’ shall be $2,761,994,000: Provided, That of the funds included 

under this heading $416,875,000 shall be for Geographic Programs: 

Provided further, That of such amounts for Geographic Programs, $300,000,000 shall be for the Great Lakes Restoration Initiative. 

SEC. 1736. Notwithstanding section 1101, the level for ‘‘Environmental Protection Agency, Buildings and Facilities’’ shall be 

$36,501,000, of which $0 shall be for the planning and design 

of a high-performance green building to consolidate the multiple 

offices and research facilities of the Environmental Protection 

Agency in Las Vegas, Nevada. 

SEC. 1737. Notwithstanding section 1101, the level for ‘‘Environmental Protection Agency, Hazardous Substance Superfund’’ shall 

be $1,283,475,000: Provided, That the matter under such heading 

in division A of Public Law 111–88 shall be applied to funds 

appropriated by this division as follows: by substituting 

‘‘$1,283,475,000’’ for ‘‘$1,306,541,000’’ the second place it appears; 

and by substituting ‘‘September 30, 2010’’ for ‘‘September 30, 2009’’. 

SEC. 1738. Notwithstanding section 1101, the level for ‘‘Environmental Protection Agency, State and Tribal Assistance Grants’’ 

shall be $3,766,446,000: Provided, That the amounts included under 

such heading in division A of Public Law 111–88 shall be applied 

to funds appropriated by this division as follows: by substituting 

‘‘$1,525,000,000’’ for ‘‘$2,100,000,000’’; by substituting 

‘‘$965,000,000’’ for ‘‘$1,387,000,000’’; by substituting ‘‘$10,000,000’’ 

for ‘‘$17,000,000’’; by substituting ‘‘$10,000,000’’ for ‘‘$13,000,000’’; 

by substituting ‘‘$0’’ for ‘‘$156,777,000’’; by substituting 

‘‘$50,000,000’’ for ‘‘$60,000,000’’; by substituting ‘‘$0’’ for 

‘‘$20,000,000’’; by substituting ‘‘$1,106,446,000’’ for 

‘‘$1,116,446,000’’; and by substituting ‘‘$0’’ for ‘‘$10,000,000’’ the 

second place it appears (pertaining to competitive grants for communities). 

SEC. 1739. Notwithstanding section 1101, the amounts authorized to transfer under the heading ‘‘Environmental Protection 

Agency, Administrative Provisions, Environmental Protection 

Agency’’ in division A of Public Law 111–88 shall be applied to 

funds appropriated by this division by substituting ‘‘$300,000,000’’ 

for ‘‘$475,000,000’’. 

SEC. 1740. Of the unobligated balances available for ‘‘Environmental Protection Agency, State and Tribal Assistance Grants’’, 

$140,000,000 is rescinded: Provided, That the Administrator of the 

Environmental Protection Agency shall submit to the Committees 

on Appropriations of the House of Representatives and the Senate 

Proposed 

allocation. 

Deadline. 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 153 

a proposed allocation of such rescinded amounts among programs, 

projects, and activities and such allocation shall take effect 30 

days after such submission: Provided further, That no amounts 

may be rescinded from amounts that were designated by Congress 

as an emergency requirement pursuant to a concurrent resolution 

on the budget or the Balanced Budget and Emergency Deficit Act 

of 1985. 

SEC. 1741. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, Forest and Rangeland 

Research’’ shall be $307,252,000. 

SEC. 1742. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, State and Private Forestry’’ 

shall be $278,151,000: Provided, That the amounts included under 

such heading in division A of Public Law 111–88 shall be applied 

to funds appropriated by this division by substituting ‘‘$53,000,000’’ 

for ‘‘$76,460,000’’. 

SEC. 1743. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, National Forest System’’ shall 

be $1,545,339,000, of which $15,000,000 shall be deposited into 

the Collaborative Forest Landscape Restoration Fund for ecological 

restoration treatments as authorized by 16 U.S.C. 7303(f), and 

of which $336,722,000 shall be for forest products. 

SEC. 1744. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, Capital Improvement and 

Maintenance’’ shall be $473,591,000: Provided, That the amounts 

included under such heading in division A of Public Law 111– 

88 shall be applied to funds appropriated by this division by substituting ‘‘$45,000,000’’ for ‘‘$90,000,000’’. 

SEC. 1745. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, Land Acquisition’’ shall be 

$33,000,000. 

SEC. 1746. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, Wildland Fire Management’’ 

shall be $2,172,387,000: Provided, That the amounts included under 

such heading in division A of Public Law 111–88 shall be applied 

to funds appropriated by this division as follows: by substituting 

‘‘$0’’ for ‘‘$75,000,000’’; by substituting ‘‘$11,500,000’’ for 

‘‘$11,600,000’’; and by substituting ‘‘$65,000,000’’ for ‘‘$71,250,000’’. 

SEC. 1747. Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, FLAME Wildfire Suppression 

Reserve Fund’’ shall be $291,000,000. Provided, That of the unobligated balances available under such heading in division A of Public 

Law 111–88, $200,000,000 is rescinded. 

SEC. 1748. The authority provided by section 337 of the Department of the Interior and Related Agencies Appropriations Act, 

2005 (Public Law 108–447; 118 Stat. 3102), as amended, shall 

remain in effect until September 30, 2011. 

SEC. 1749. Notwithstanding section 1101, the level for ‘‘Department of Health and Human Services, Indian Health Service, Indian 

Health Services’’ shall be $3,672,618,000. 

SEC. 1750. Notwithstanding section 1101, the level for ‘‘Department of Health and Human Services, Indian Health Service, Indian 

Health Facilities’’ shall be $404,757,000. 

SEC. 1751. Notwithstanding section 1101, the level for ‘‘Chemical Safety and Hazard Investigation Board, Salaries and Expenses’’ 

shall be $10,799,000: Provided, That the matter pertaining to 

methyl isocyanate in the last proviso under such heading in division 

Rescission. 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 154 PUBLIC LAW 112–10—APR. 15, 2011 

A of Public Law 111–88 shall not apply to funds appropriated 

by this division. 

SEC. 1752. Notwithstanding section 1101, the level for 

‘‘Smithsonian Institution, Legacy Fund’’ shall be $0. 

SEC. 1753. Notwithstanding section 1101, the level for ‘‘National 

Gallery of Art, Repair, Restoration and Renovation of Buildings’’ 

shall be $48,221,000: Provided, That the amounts included under 

such heading in division A of Public Law 111–88 shall be applied 

to funds appropriated by this division by substituting ‘‘$42,250,000’’ 

for ‘‘$40,000,000’’. 

SEC. 1754. Notwithstanding section 1101, the level for ‘‘John 

F. Kennedy Center for the Performing Arts, Operations and Maintenance’’ shall be $22,500,000: Provided, That the amounts included 

under such heading in division A of Public Law 111–88 shall be 

applied to funds appropriated by this division by substituting ‘‘$0’’ 

for ‘‘$500,000’’: Provided further, That the first proviso under such 

heading in division A of Public Law 111–88 is amended by striking 

‘‘until expended’’ and all that follows and inserting ‘‘until September 

30, 2011’’. 

SEC. 1755. Notwithstanding section 1101, the level for ‘‘John 

F. Kennedy Center for the Performing Arts, Capital Repair and 

Restoration’’ shall be $13,920,000. 

SEC. 1756. Notwithstanding section 1101, the level for ‘‘Woodrow Wilson International Center for Scholars, Salaries and 

Expenses’’ shall be $11,225,000. 

SEC. 1757. Notwithstanding section 1101, the level for ‘‘National 

Foundation on the Arts and the Humanities, National Endowment 

for the Arts, Grants and Administration’’ shall be $155,000,000. 

SEC. 1758. Notwithstanding section 1101, the level for ‘‘National 

Foundation on the Arts and the Humanities, National Endowment 

for the Humanities, Grants and Administration’’ shall be 

$155,000,000: Provided, That the amounts included under such 

heading in division A of Public Law 111–88 shall be applied to 

funds appropriated by this division by substituting ‘‘$140,700,000’’ 

for ‘‘$153,200,000’’. 

SEC. 1759. Notwithstanding section 1101, the level for ‘‘Commission of Fine Arts, National Capital Arts and Cultural Affairs’’ 

shall be $3,000,000. 

SEC. 1760. Notwithstanding section 1101, the level for ‘‘Presidio 

Trust, Presidio Trust Fund’’ shall be $15,000,000. 

SEC. 1761. Notwithstanding section 1101, the level for ‘‘Dwight 

D. Eisenhower Memorial Commission, Salaries and Expenses’’ shall 

be $0. 

SEC. 1762. Notwithstanding section 1101, the level for ‘‘Dwight 

D. Eisenhower Memorial Commission, Capital Construction’’ shall 

be $0. 

SEC. 1763. Section 409 of division A of Public Law 111–88 

(123 Stat. 2957) is amended by striking ‘‘and 111–8’’ and inserting 

‘‘111–8, and 111–88’’, and by striking ‘‘2009’’ and inserting ‘‘2010’’. 

SEC. 1764. Notwithstanding section 1101, the level for section 

415 of division A of Public Law 111–88 shall be $0. 

SEC. 1765. Section 423 of division A of Public Law 111–88 

(123 Stat. 2961), concerning the distribution of geothermal energy 

receipts, shall have no force or effect and the distribution formula 

contained in section 3003(a) of Public Law 111–212 (124 Stat. 

2338) shall apply for fiscal year 2011. 

Applicability. 

Applicability. 

123 Stat. 2953. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 155 

SEC. 1766. Section 433 of division A of Public Law 111–88 

(123 Stat. 2965) is amended by striking ‘‘2010’’ and ‘‘2009’’ and 

inserting ‘‘2011’’ and ‘‘2010’’, respectively. 

SEC. 1767. Section 7 of Public Law 99–647, as amended by 

section 702(d) of Public Law 109–338, is further amended by 

striking ‘‘5 years’’ and inserting ‘‘6 years’’. 

SEC. 1768. Not later than 30 days after the date of enactment 

of this division, each of the following departments and agencies 

shall submit to the Committees on Appropriations of the House 

of Representatives and the Senate a spending, expenditure, or operating plan for fiscal year 2011 at a level of detail below the account 

level: 

(1) Department of the Interior. 

(2) Environmental Protection Agency. 

(3) Department of Agriculture, Forest Service. 

(4) Department of Health and Human Services, Indian 

Health Service. 

(5) Smithsonian Institution. 

(6) National Endowment for the Arts. 

(7) National Endowment for the Humanities. 

SEC. 1769. For the fiscal year ending September 30, 2011, 

none of the funds made available by this division or any other 

Act may be used to implement, administer, or enforce Secretarial 

Order No. 3310 issued by the Secretary of the Interior on December 

22, 2010. 

TITLE VIII—LABOR, HEALTH AND HUMAN SERVICES, 

EDUCATION, AND RELATED AGENCIES 

SEC. 1801. (a) Notwithstanding section 1101, the level for 

‘‘Department of Labor, Employment and Training Administration, 

Training and Employment Services’’ shall be $1,575,648,000 plus 

reimbursements, of which— 

(1) $543,079,000 shall be available for obligation for the 

period July 1, 2011, through June 30, 2012, of which 

$59,040,000 shall be available for adult employment and 

training activities, $203,840,000 shall be available for dislocated 

worker employment and training activities, $24,160,000 shall 

be available for the dislocated worker assistance national 

reserve, $10,000,000 shall be available for pilots, demonstrations, and research activities of which no funds shall be available for Transitional Jobs activities, and $85,561,000 shall be 

available for reintegration of ex-offenders of which no funds 

shall be available for Transitional Jobs activities: 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 division by substituting ‘‘$0’’ 

for ‘‘$48,889,000’’; 

(2) $907,569,000 shall be available for obligation for the 

period April 1, 2011, through June 30, 2012, including 

$827,569,000 for youth activities and $80,000,000 for 

YouthBuild; 

(3) $125,000,000 shall remain available until September 

30, 2012, and shall be available to the Secretary of Labor 

for the Workforce Innovation Fund, as established by this division to carry out projects that demonstrate innovative strategies 

or replicate effective evidence-based strategies that align and 

Applicability. 

Deadline. 

Plan. 

16 USC 461 note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 156 PUBLIC LAW 112–10—APR. 15, 2011 

strengthen the workforce investment system in order to improve 

program delivery and education and employment outcomes for 

program beneficiaries: Provided, That amounts shall be available for awards to States or State agencies that are eligible 

for assistance under any program authorized under the 

Workforce Investment Act of 1998 (‘‘WIA’’), consortia of States, 

or partnerships, including regional partnerships: Provided further, That notwithstanding section 128(a)(1) of the WIA, the 

amount available to the Governor for statewide activities shall 

not exceed 5 percent of the amount allotted to the State from 

the appropriation under this subparagraph; 

(4) no funds shall be available for the Green Jobs Innovation Fund; and 

(5) no funds shall be available for the Career Pathways 

Innovation Fund. 

(b) Of the funds made available in division D of Public Law 

111–117 for the Career Pathways Innovation Fund, $125,000,000 

is rescinded. 

SEC. 1802. Of the funds made available by section 1101 of 

this division for ‘‘Department of Labor, Departmental Management, 

Office of Job Corps’’ for construction, rehabilitation, and acquisition 

of Job Corps centers, the Secretary of Labor may transfer up to 

25 percent to meet the operational needs of Job Corps centers: 

Provided, That no funds shall be available to initiate a competition 

for any new Job Corps center not previously approved through 

a competitive selection process by the Secretary of Labor: Provided 

further, That of the unobligated balances of the funds made available for ‘‘Department of Labor, Departmental Management, Office 

of Job Corps’’, $75,000,000 is rescinded. 

SEC. 1803. Notwithstanding section 1101, the level for ‘‘Department of Labor, Employment and Training Administration, Community Service Employment for Older Americans’’ shall be 

$450,000,000, and for purposes of funds appropriated by this division, the amounts under such heading in division D of Public 

Law 111–117 shall be applied by substituting ‘‘$0’’ for 

‘‘$225,000,000’’, and the first and second provisos under such 

heading in such division shall not apply. 

SEC. 1804. Notwithstanding section 1101, the level which may 

be expended from the Employment Security Administration Account 

in the Unemployment Trust Fund for administrative expenses of 

‘‘Department of Labor, Employment and Training Administration, 

State Unemployment Insurance and Employment Service Operations’’ shall be $4,024,490,000 (which includes all amounts available to conduct in-person reemployment and eligibility assessments 

and unemployment insurance improper payment reviews), of which 

$3,245,645,000 shall be available for unemployment compensation 

State operations, $50,519,000 shall be available for Federal administration of foreign labor certifications, and $15,129,000 shall be 

available for grants to States for the administration of such activities. For purposes of this section, the first proviso under such 

heading in division D of Public Law 111–117 shall be applied 

to funds appropriated by this division by substituting ‘‘2011’’ and 

‘‘$6,180,000’’ for ‘‘2010’’ and ‘‘$5,059,000’’, respectively. 

SEC. 1805. Funds appropriated by section 1101 of this division 

to the Department of Labor’s Employment and Training Administration for technical assistance services to grantees may be transferred 

to ‘‘Department of Labor, Employment and Training Administration, 

Applicability. 

Applicability. 

Rescission. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 157 

Program Administration’’ if it is determined that those services 

will be more efficiently performed by Federal staff. 

SEC. 1806. Notwithstanding section 1101, the level for ‘‘Department of Labor, Employment Standards Administration, Salaries 

and Expenses’’ shall be $485,255,000, together with $2,124,000 

which may be expended from the Special Fund in accordance with 

sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers’ 

Compensation Act: Provided, That funds provided in this section 

may be allocated among the agencies included in this account 

and may be transferred to any other account within the Department 

of Labor for program direction and support of the agencies funded 

in this section. 

SEC. 1807. Notwithstanding section 1101, the level for ‘‘Department of Labor, Mine Safety and Health Administration, Salaries 

and Expenses’’ shall be $363,843,000, of which up to $3,000,000 

shall be available to the Secretary of Labor to be transferred to 

‘‘Departmental Management, Salaries and Expenses’’ for activities 

related to the Department of Labor’s caseload before the Federal 

Mine Safety and Health Review Commission, and the amounts 

included under the heading ‘‘Department of Labor, Mine Safety 

and Health Administration, Salaries and Expenses’’ in division D 

of Public Law 111–117 shall be applied to funds appropriated in 

this division by substituting ‘‘$0’’ for ‘‘$1,450,000’’ and by substituting ‘‘$1,350,000’’ for ‘‘$1,000,000’’. 

SEC. 1808. Notwithstanding section 1101, the level for ‘‘Department of Labor, Departmental Management’’ shall be $367,827,000, 

together with not to exceed $327,000, which may be expended 

from the Employment Security Administration Account in the 

Unemployment Trust Fund, and the third proviso under such 

heading in division D of Public Law 111–117 shall not apply to 

funds appropriated in this division: Provided, That of the funds 

made available by this section, not less than $21,332,000 may 

be used by the Secretary of Labor for the purposes of program 

evaluation, initiatives related to the identification and prevention 

of worker misclassification, and other worker protection activities, 

and may be transferred by the Secretary (in addition to any other 

transfer authority available by this division) to other agencies of 

the Department subject to a 15-day advance notification to the 

Committees on Appropriations of the House of Representatives and 

the Senate. 

SEC. 1809. (a) Of the unobligated balances available in ‘‘Department of Labor, Working Capital Fund’’, $3,900,000 is rescinded, 

to be derived solely from amounts available in the Investment 

in Reinvention Fund (other than amounts that were designated 

by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985). 

(b) The language under the ‘‘Working Capital Fund’’ heading 

in Public Law 85–67, as amended, is further amended by striking 

‘‘Provided further, That within the Working Capital Fund,’’ through 

and including ‘‘, to be available without further appropriation 

action:’’. 

SEC. 1810. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Health Resources 

and Services Administration, Health Resources and Services’’ shall 

be $6,274,790,000 of which: (1) not more than $100,000,000 shall 

be available until expended for carrying out the provisions of Public 

29 USC 563. 

Deadline. 

Notification. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 158 PUBLIC LAW 112–10—APR. 15, 2011 

Law 104–73 and for expenses incurred by the Department of Health 

and Human Services pertaining to administrative claims made 

under such law; (2) $300,000,000 shall be for the program under 

title X of the Public Health Service Act (‘‘PHS Act’’) to provide 

for voluntary family planning projects; (3) not less than 

$1,982,865,000 shall remain available through September 30, 2013 

for parts A and B of title XXVI of the PHS Act, of which not 

less than $885,000,000 shall be for State AIDS Drug Assistance 

Programs under the authority of section 2616 or 311(c) of such 

Act; and (4) no funds are provided for section 340G–1 of the PHS 

Act. 

(b) The sixteenth, eighteenth, nineteenth, twenty-second, and 

twenty-fifth provisos under the heading ‘‘Department of Health 

and Human Services, Health Resources and Services Administration, Health Resources and Services’’ in division D of Public Law 

111–117 shall not apply to funds appropriated by this division. 

(c) Sections 747(c)(2), and 751(j)(2) of the PHS Act, and the 

proportional funding amounts in paragraphs (1) through (4) of 

section 756(e) of such Act shall not apply to funds made available 

by this division for ‘‘Department of Health and Human Services, 

Health Resources and Services Administration, Health Resources 

and Services’’. 

(d) For any program operating under section 751 of the PHS 

Act on or before January 1, 2009, the Secretary of Health and 

Human Services may waive any of the requirements contained 

in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act. 

(e) For purposes of this section, section 10503(d) of Public 

Law 111–148 shall be applied as if ‘‘, over the fiscal year 2008 

level,’’ were stricken from such section. 

SEC. 1811. (a) Notwithstanding section 1101, the level for the 

first undesignated paragraph under the heading ‘‘Department of 

Health and Human Services, Centers for Disease Control and 

Prevention, Disease Control, Research, and Training’’ in division 

D of Public Law 111–117 shall be $5,660,291,000, of which 

$523,533,000 shall remain available until expended for the Strategic 

National Stockpile under section 319F–2 of the PHS Act. 

(b) The matter included before the first proviso under the 

heading ‘‘Department of Health and Human Services, Centers for 

Disease Control and Prevention, Disease Control, Research, and 

Training’’ in division D of Public Law 111–117 shall be applied 

to funds appropriated by this division by substituting ‘‘$0’’ for 

‘‘$20,620,000’’, by substituting ‘‘$22,000,000’’ for ‘‘$70,723,000’’, and 

as if ‘‘of which $69,150,000 shall remain available until expended 

for acquisition of real property, equipment, construction and renovations of facilities;’’ were stricken from such paragraph. 

(c) Paragraphs (1) through (3) of section 2821(b) of the PHS 

Act shall not apply to funds made available by this division. 

(d) Notwithstanding section 1101, funds appropriated for 

‘‘Department of Health and Human Services, Centers for Disease 

Control and Prevention, Disease Control, Research, and Training’’ 

shall also be available to carry out title II of the Immigration 

and Nationality Act. 

(e) Notwithstanding section 1101, funds made available by this 

division may be available for acquisition of real property and necessary repairs of facilities owned, leased, or operated by the Centers 

for Disease Control and Prevention: Provided, That such facilities 

Applicability. 

Applicability. 

Waiver authority. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 159 

relate to mine safety research: Provided further, That the Committees on Appropriations of the House of Representatives and the 

Senate are notified of the amounts to be obligated no less than 

15 days in advance. 

SEC. 1812. Notwithstanding section 1101, the level for ‘‘Department of Health and Human Services, National Institutes of Health, 

National Institute of Allergy and Infectious Diseases’’ shall be 

$4,818,275,000, and the requirement under ‘‘National Institute of 

Allergy and Infectious Diseases’’ in division D of Public Law 111– 

117 for a transfer from Biodefense Countermeasures funds shall 

not apply. 

SEC. 1813. The amount provided by section 1101 for ‘‘Department of Health and Human Services, National Institutes of Health’’ 

is reduced by $210,000,000, through a pro rata reduction in all 

of the Institutes, Centers, and Office of the Director accounts within 

‘‘Department of Health and Human Services, National Institutes 

of Health’’ based on the total funding provided. 

SEC. 1814. Notwithstanding section 1101, the level for ‘‘Department of Health and Human Services, National Institutes of Health, 

Buildings and Facilities’’ shall be $50,000,000. 

SEC. 1815. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Substance Abuse and 

Mental Health Services Administration, Substance Abuse and 

Mental Health Services’’ shall be $3,386,311,000, of which: (1) not 

less than $40,800,000 shall be for the National Child Traumatic 

Stress Initiative; and (2) no funds shall be available for the National 

All Schedules Prescription Electronic Reporting system. 

(b) The amount included before the first proviso under the 

heading ‘‘Department of Health and Human Services, Substance 

Abuse and Mental Health Services Administration, Substance 

Abuse and Mental Health Services’’ in division D of Public Law 

111–117 shall be applied to funds appropriated by this division 

by substituting ‘‘$0’’ for ‘‘$14,518,000’’. 

(c) The second proviso under the heading ‘‘Department of Health 

and Human Services, Substance Abuse and Mental Health Services 

Administration, Substance Abuse and Mental Health Services’’ in 

division D of Public Law 111–117 shall not apply to funds appropriated by this division. 

SEC. 1816. Notwithstanding section 1101, the amount included 

under the heading ‘‘Department of Health and Human Services, 

Agency for Healthcare Research and Quality, Healthcare Research 

and Quality’’ in division D of Public Law 111–117 shall be applied 

to funds appropriated by this division by substituting 

‘‘$372,053,000’’ for ‘‘$397,053,000’’. 

SEC. 1817. Notwithstanding section 1101, for payment to the 

Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 

217(g), 1844, and 1860D–16 of the Social Security Act, sections 

103(c) and 111(d) of the Social Security Amendments of 1965, 

section 278(d) of Public Law 97–248, and for administrative 

expenses incurred pursuant to section 201(g) of the Social Security 

Act, $229,464,000,000. 

SEC. 1818. (a) Notwithstanding section 1101, the level for 

amounts 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’’ shall 

Applicability. 

Applicability. 

Notification. 

Deadline. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 160 PUBLIC LAW 112–10—APR. 15, 2011 

be $3,470,242,000, of which the level for the Research, Demonstration, and Evaluation program shall be $35,600,000. 

(b) The amount under the third proviso under the heading 

‘‘Department of Health and Human Services, Centers for Medicare 

and Medicaid Services, Program Management’’ in division D of 

Public Law 111–117 shall be applied to funds appropriated by 

this division by substituting ‘‘$9,120,000’’ for ‘‘$65,600,000’’. 

(c) The sixth proviso under the heading ‘‘Department of Health 

and Human Services, Centers for Medicare and Medicaid Services, 

Program Management’’ in division D of Public Law 111–117 shall 

not apply to funds appropriated by this division. 

SEC. 1819. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Administration for 

Children and Families, Low Income Home Energy Assistance’’ shall 

be $4,710,000,000, of which $4,509,672,000 shall be for payments 

under subsections (b) and (d) of section 2602 of the Low-Income 

Home Energy Assistance Act of 1981 (42 U.S.C. 8621); and of 

which $200,328,000 shall be for payments under subsection (e) 

of such Act, to be made notwithstanding the designation requirements of such subsection. 

(b) The second proviso under the heading ‘‘Department of 

Health and Human Services, Administration for Children and Families, Low Income Home Energy Assistance’’ in division D of Public 

Law 111–117 shall not apply to funds appropriated by this division. 

SEC. 1820. Of the unobligated balances available for ‘‘Department of Health and Human Services, Administration for Children 

and Families, Refugee and Entrant Assistance’’ from funds appropriated under this heading in fiscal year 2010 and prior fiscal 

years, $25,000,000 is rescinded. 

SEC. 1821. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Administration for 

Children and Families, Payments to States for the Child Care 

and Development Block Grant’’ shall be $2,227,081,000. 

(b) The amount included in the first proviso under the heading 

‘‘Department of Health and Human Services, Administration for 

Children and Families, Payments to States for the Child Care 

and Development Block Grant’’ in division D of Public Law 111– 

117 shall be applied to funds appropriated by this division by 

substituting ‘‘$0’’ for ‘‘$1,000,000’’. 

(c) The amounts included in the second proviso under the 

heading ‘‘Department of Health and Human Services, Administration for Children and Families, Payments to States for the Child 

Care and Development Block Grant’’ in division D of Public Law 

111–117 shall be applied to funds appropriated by this division 

by substituting ‘‘$284,160,000’’ for ‘‘$271,401,000’’, and by substituting ‘‘$104,213,000’’ for ‘‘$99,534,000’’. 

SEC. 1822. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Administration for 

Children and Families, Children and Families Services Programs’’ 

shall be $9,538,433,000, of which: (1) $7,574,783,000 shall be for 

making payments under the Head Start Act; and (2) $703,000,000 

shall be for making payments under the Community Services Block 

Grant (‘‘CSBG’’) Act, of which $23,350,000 shall be for sections 

680 and 678E(b)(2), of which $18,000,000 shall be for section 

680(a)(2), and not less than $5,000,000 shall be for section 

680(a)(3)(B) of the CSBG Act. 

Applicability. 

Rescission. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 161 

(b) For purposes of allocating such funds under the Head Start 

Act, the term ‘‘base grant’’ as used in subsection (a)(7)(A) of section 

640 of such Act with respect to funding provided to a Head Start 

agency (including each Early Head Start agency) for fiscal year 

2010 shall be deemed to include 50 percent of the funds appropriated under ‘‘Department of Health and Human Services, 

Administration for Children and Families, Children and Families 

Services Programs’’ in Public Law 111–5 provided to such agency 

for carrying out expansion of Head Start programs, as that phrase 

is used in subsection (a)(4)(D) of such section 640, and provided 

to such agency as the ongoing funding level for operations in the 

12 month budget period beginning in fiscal year 2010. 

(c) The fourteenth and fifteenth provisos under the heading 

‘‘Department of Health and Human Services, Administration for 

Children and Families, Children and Families Services Programs’’ 

in division D of Public Law 111–117 shall not apply to funds 

appropriated by this division. 

SEC. 1823. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Administration on 

Aging, Aging Services Programs’’ shall be $1,500,323,000, of which 

$440,783,000 shall be for congregate nutrition, $217,676,000 shall 

be for home-delivered nutrition, and $27,708,000 shall be for Native 

American nutrition: Provided, That the total amount available for 

fiscal year 2011 under this and any other Act to carry out activities 

related to Aging and Disability Resource Centers under subsections 

(a)(20)(B)(iii) and (b)(8) of section 202 of the Older Americans Act 

shall not exceed the amount obligated for such purposes for fiscal 

year 2010 from funds available under Public Law 111–117. 

(b) The first proviso under the heading ‘‘Department of Health 

and Human Services, Administration on Aging, Aging Services Programs’’ in division D of Public Law 111–117 shall not apply to 

funds appropriated by this division. 

(c) None of the funds appropriated by this division for ‘‘Department of Health and Human Services, Administration on Aging, 

Aging Services Programs’’ shall be used to carry out sections 1701 

and 1703 of the PHS Act (with respect to chronic disease selfmanagement activity grants), except that such funds may be used 

for necessary expenses associated with administering any such 

grants awarded prior to the date of the enactment of this division. 

SEC. 1824. Notwithstanding section 1101, the level for ‘‘Department of Health and Human Services, Office of the Secretary, General Departmental Management’’ from the General Fund shall be 

$651,786,000: Provided, That amounts included under such heading 

in division D of Public Law 111–117 shall be applied to funds 

appropriated by this division by substituting ‘‘$0’’ for ‘‘$5,789,000’’: 

Provided further, That the second and seventh provisos under such 

heading in division D of Public Law 111–117 shall not apply to 

funds appropriated by this division: Provided further, That none 

of the funds made available in this division shall be for carrying 

out activities specified under section 2003(b)(2) or (3) of the PHS 

Act: Provided further, That of the amount included under the 

heading ‘‘Department of Health and Human Services, Office of 

the Secretary, General Departmental Management’’ up to 

$175,905,000 may be transferred to other appropriation accounts 

within the Department of Health and Human Services to carry 

out the Secretary’s responsibilities: Provided further, That amounts 

included under such heading in division D of Public Law 111– 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 162 PUBLIC LAW 112–10—APR. 15, 2011 

117 shall be applied to funds appropriated by this division by 

substituting in the third proviso ‘‘$105,000,000’’ for ‘‘$110,000,000’’. 

SEC. 1825. (a) Notwithstanding section 1101, the level for 

‘‘Department of Health and Human Services, Office of the Secretary, 

Public Health and Social Services Emergency Fund’’ shall be 

$676,180,000, of which $65,578,000 shall be for expenses necessary 

to prepare for and respond to an influenza pandemic, none of 

which shall be available past September 30, 2011, and $35,000,000, 

to remain available until expended, shall be for expenses necessary 

for fit-out and other costs related to a competitive lease procurement 

to renovate or replace the existing headquarters building for Public 

Health Service agencies and other components of the Department 

of Health and Human Services: Provided, That in addition, 

$415,000,000 of the funds transferred to the account under the 

heading ‘‘Department of Health and Human Services, Office of 

the Secretary, Public Health and Social Services Emergency Fund’’ 

in Public Law 111–117 under the fourth paragraph under such 

heading may be used to support advanced research and development 

pursuant to section 319L of the PHS Act and other administrative 

expenses of the Biomedical Advanced Research and Development 

Authority: Provided further, That the first proviso in the first paragraph under such heading in division D of Public Law 111–117 

and the language in such paragraph designating $10,000,000 to 

support delivery of medical countermeasures shall not apply to 

funds provided in this section: Provided further, That the fourth 

paragraph under such heading shall not apply to funds appropriated 

by this division. 

(b) Of the amounts provided under the heading ‘‘Department 

of Health and Human Services, Office of the Secretary, Public 

Health and Social Services Emergency Fund’’ in Public Laws 111– 

8 and 111–117 and available for expenses necessary to prepare 

for and respond to an influenza pandemic, $170,000,000 may also 

be used— 

(1) to plan, conduct, and support research to advance regulatory science to improve the ability to determine safety, 

effectiveness, quality, and performance of medical countermeasure products against chemical, biological, radiological, and 

nuclear agents including influenza virus; and 

(2) to analyze, conduct, and improve regulatory review 

and compliance processes for such products. 

SEC. 1826. Of the funds made available for ‘‘Department of 

Health and Human Services, Office of the Secretary, Public Health 

and Social Services Emergency Fund’’ in Public Law 111–32, 

$1,259,000,000 is rescinded, to be derived only from those amounts 

which have not yet been designated by the President as emergency 

funds. 

SEC. 1827. Hereafter, no funds appropriated by this division 

or by any previous or subsequent Act shall be subject to the allocation requirements of section 1707A(e) of the PHS Act. 

SEC. 1828. Hereafter, no funds appropriated by this division 

or by any previous or subsequent Act shall be available for transfer 

under section 274 of the PHS Act. 

SEC. 1829. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Education for the Disadvantaged’’ shall 

be $4,725,891,000, of which $4,628,056,000 shall become available 

on July 1, 2011, and remain available through September 30, 2012, 

for academic year 2011–2012: Provided, That not more than 

42 USC 239l–3 

note. 

42 USC 300u–6a 

note. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 163 

$8,167,000 shall be available to carry out sections 1501 and 1503 

of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’). 

(b) The seventh proviso under the heading ‘‘Department of 

Education, Education for the Disadvantaged’’ in division D of Public 

Law 111–117 shall be applied by substituting ‘‘$535,633,000’’ for 

‘‘$545,633,000’’ and the tenth, eleventh and twelfth provisos shall 

not apply to funds appropriated by this division. 

SEC. 1830. For purposes of this division, the proviso under 

the heading ‘‘Department of Education, Impact Aid’’ in division 

D of Public Law 111–117 shall be applied by substituting ‘‘2010– 

2011’’ for ‘‘2009–2010’’. 

SEC. 1831. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, School Improvement Programs’’ shall 

be $2,924,791,000, of which $2,754,244,000 shall become available 

on July 1, 2011, and remain available through September 30, 2012, 

for academic year 2011–2012: Provided, That of the amounts available for such heading: (1) no funds shall be available for activities 

authorized under part D of title II of the ESEA, or subpart 6 

of part D of title V of the ESEA, or part Z of title VIII of the 

Higher Education Act of 1965; (2) $26,928,000 shall be available 

to carry out part D of title V of the ESEA; (3) for purposes of 

this section, up to $11,500,000 shall be available for activities 

described in the twelfth proviso under such heading in division 

D of Public Law 111–117; (4) $380,732,000 shall be for State assessments authorized under section 6111 of the ESEA and $10,000,000 

shall be for enhanced assessment instruments authorized under 

section 6112 of the ESEA; and (5) up to 1 percent of the funds 

for subpart 1 of part A of title II of the ESEA shall be reserved 

by the Secretary of Education for competitive awards for teacher 

training or professional enhancement activities to national notfor-profit organizations. 

(b) The seventh proviso shall be applied by substituting 

‘‘$51,313,000’’ for ‘‘$56,313,000’’ and the second, third, fifth, sixth, 

eighth and thirteenth provisos under the heading ‘‘Department 

of Education, School Improvement Programs’’ in division D of Public 

Law 111–117 shall not apply to funds appropriated by this division. 

SEC. 1832. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Innovation and Improvement’’ shall be 

$1,859,899,000, of which— 

(1) $850,000,000 shall become available on the date of 

enactment of this division, and remain available through 

December 31, 2011, $440,982,000 shall be available to carry 

out part D of title V of the ESEA, and no funds shall be 

available for activities authorized under section 2151(c) of the 

ESEA, section 1504 of the ESEA, or part F of title VIII of 

the Higher Education Act of 1965; and 

(2) not more than $150,000,000 may be used to make 

awards under section 14007 of division A of Public Law 111– 

5 and not more than $700,000,000 may be used to make awards 

to States under section 14006 of division A of Public Law 

111–5, as amended by subsection (b) of this section: Provided, 

That none of such funds shall be made available prior to 

Spending plan. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 164 PUBLIC LAW 112–10—APR. 15, 2011 

the submission of a detailed spending plan outlining the proposed competitions and priorities to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That awards may be made on the basis of previously submitted applications: Provided further, That the Secretary of Education shall administer grants for improving early 

childhood care and education jointly with the Secretary of 

Health and Human Services on such terms as such Secretaries 

set forth in an interagency agreement: Provided further, That 

the Secretary of Education shall be responsible for obligating 

and disbursing funds and ensuring compliance with applicable 

laws and administrative requirements with regard to such 

awards: Provided further, That the Secretary shall provide, 

on a timely and periodic basis, the findings from evaluations, 

including impact evaluations and interim progress evaluations, 

of activities conducted using funds previously obligated under 

sections 14006 and 14007 of division A of Public Law 111– 

5, including Race to the Top and the Investing in Innovation 

Fund, to the Committees on Appropriations of the House of 

Representatives and the Senate. 

(b) Division A of Public Law 111–5, as amended, is further 

amended— 

(1) in section 14005(d), by adding at the end the following: 

‘‘(6) IMPROVING EARLY CHILDHOOD CARE AND EDUCATION.— 

The State will take actions to— 

‘‘(A) increase the number and percentage of low-income 

and disadvantaged children in each age group of infants, 

toddlers, and pre-schoolers who are enrolled in high-quality 

early learning programs; 

‘‘(B) design and implement an integrated system of 

high-quality early learning programs and services; and 

‘‘(C) ensure that any use of assessments conforms with 

the recommendations of the National Research Council’s 

reports on early childhood.’’; and 

(2) in section 14006— 

(A) in subsection (b), by striking ‘‘and (5)’’ and inserting 

‘‘(5), or (6)’’; and 

(B) in subsection (c)(2), by inserting before the period 

‘‘, or to a State or States for improving early childhood 

care and education’’. 

(c) The first, third, fourth, seventeenth and eighteenth provisos 

under the heading ‘‘Department of Education, Innovation and 

Improvement’’ in division D of Public Law 111–117 shall not apply 

to funds appropriated by this division. 

SEC. 1833. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Safe Schools and Citizenship Education’’ 

shall be $289,043,000, of which, notwithstanding section 2343(b) 

of the ESEA, $1,157,000 is for the continuation costs of awards 

made on a competitive basis under section 2345 of the ESEA, 

$161,500,000 shall be available to carry out part D of title V, 

and $126,386,000 shall be for subpart 2 of part A of title IV 

of the ESEA: Provided, That $30,000,000 shall be available for 

Promise Neighborhoods and be available through December 31, 

2011. 

(b) The first, second, and third provisos under the heading 

‘‘Department of Education, Safe Schools and Citizenship Education’’ 

123 Stat. 283. 

123 Stat. 282. 

Evaluation. 

Grants. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 165 

in division D of Public Law 111–117 shall not apply to funds 

appropriated by this division. 

SEC. 1834. Notwithstanding section 1101, the level for ‘‘Department of Education, English Language Acquisition’’ shall be 

$735,000,000. 

SEC. 1835. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Special Education’’ shall be 

$3,975,665,000, of which $3,726,354,000 shall become available on 

July 1, 2011, and remain available through September 30, 2012, 

for academic year 2011–2012. 

(b) The first and second provisos under the heading ‘‘Department of Education, Special Education’’ in division D of Public Law 

111–117 shall not apply to funds appropriated by this division. 

(c) The third proviso under such heading shall be applied by 

substituting ‘‘2010’’ for ‘‘2009’’. 

SEC. 1836. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Rehabilitation Services and Disability 

Research’’ shall be $3,475,500,000. 

(b) The second proviso under the heading ‘‘Department of Education, Rehabilitation Services and Disability Research’’ in division 

D of Public Law 111–117 shall not apply to funds appropriated 

by this division. 

SEC. 1837. Notwithstanding section 1101, the level for ‘‘Department of Education, Special Institutions for Persons with Disabilities, 

National Technical Institute for the Deaf’’ shall be $65,677,000, 

of which $240,000 shall be available for construction. 

SEC. 1838. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Career, Technical, and Adult Education’’ 

shall be $951,432,000 which shall become available on July 1, 

2011, and remain available through September 30, 2012 for academic year 2011–2012: Provided, That of the amounts available 

for such heading, no funds shall be available for activities authorized under subpart 4 of part D of title V of the ESEA, or part 

D of title VIII of the Higher Education Amendments of 1998. 

(b) The first, second, third, seventh and eighth provisos under 

the heading ‘‘Department of Education, Career, Technical, and Adult 

Education’’ in division D of Public Law 111–117 shall not apply 

to funds appropriated by this division. 

SEC. 1839. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Student Financial Assistance’’ shall be 

$24,719,957,000, of which $23,002,000,000 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 the Higher Education 

Act of 1965. 

(b) The maximum Pell grant for which a student shall be 

eligible during award year 2011–2012 shall be $4,860. 

SEC. 1840. Of the unobligated balances of funds made available 

in subparagraphs (A) through (E) of section 401A(e)(1) of the Higher 

Education Act of 1965, $560,000,000 is rescinded. 

SEC. 1841. Notwithstanding sections 1101 and 1103, the level 

for ‘‘Department of Education, Student Aid Administration’’ shall 

be $994,000,000, which shall remain available through September 

30, 2012. 

SEC. 1842. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Higher Education’’ shall be 

$1,907,760,000, of which no funds shall be available for activities 

Rescission. 

Grants. 

20 USC 1070a 

note. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 166 PUBLIC LAW 112–10—APR. 15, 2011 

authorized under section 428L of part B of title IV of the Higher 

Education Act of 1965 (‘‘HEA’’), subpart 6 of part A of title IV 

of the HEA, subpart 1 of part D of title VII of the HEA, subpart 

3 of part A of title VII of the HEA, section 1543 of the Higher 

Education Amendments of 1992, part H of title VIII of the Higher 

Education Amendments of 1998, or part I of subtitle A of title 

VI of the America COMPETES Act: Provided, That the first proviso 

under the heading ‘‘Department of Education, Higher Education’’ 

in division D of Public Law 111–117 shall be replaced by the 

following: ‘‘Provided, That $8,100,000, to remain available through 

September 30, 2012, shall be available to fund fellowships for academic year 2012–2013 under subpart 1 of part A of title VII of 

the Higher Education Act, under the terms and conditions of such 

subpart 1’’: Provided further, That the last proviso under such 

heading in division D of Public Law 111–117 shall not apply to 

funds appropriated by this division, except that $1,000,000 shall 

be available for competitive grants under section 872 of the HEA. 

(b) The seventh, eighth, ninth, tenth, eleventh, twelfth, and 

thirteenth provisos under the heading ‘‘Department of Education, 

Higher Education’’ in division D of Public Law 111–117 shall not 

apply to funds appropriated by this division. 

SEC. 1843. Notwithstanding section 1101, the level for ‘‘Department of Education, Historically Black College and University Capital Financing Program Account’’ shall be $20,582,000: Provided, 

That these funds are available to subsidize total loan principal, 

any part of which is to be guaranteed, not to exceed $279,393,000. 

SEC. 1844. (a) Notwithstanding section 1101, the level for 

‘‘Department of Education, Institute of Education Sciences’’ shall 

be $610,006,000 and shall remain available through September 

30, 2012. 

(b) Notwithstanding subsections (d) and (e) of section 174 of 

the Education Sciences Reform Act of 2002, up to $57,650,000 

may be used to extend any contracts to administer the Regional 

Educational Laboratories that were in effect on, or entered into, 

after January 1, 2011, for a period of not more than 12 months. 

SEC. 1845. Notwithstanding section 1101, the level for ‘‘Corporation for National and Community Service, Operating Expenses’’ 

shall be $782,374,000, of which $307,374,000 shall be to carry 

out the Domestic Volunteer Service Act of 1973 and $475,000,000 

shall be to carry out the National and Community Service Act 

of 1990 and notwithstanding sections 198B(b)(3), 198S(g), 

501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act. 

SEC. 1846. Notwithstanding section 1101, the level for ‘‘Corporation for National and Community Service, National Service Trust’’ 

shall be $199,659,000. 

SEC. 1847. The amounts included under the heading ‘‘Corporation for Public Broadcasting’’ in division D of Public Law 111– 

117 shall be applied to funds appropriated by this division as 

follows: by substituting ‘‘$6,000,000’’ for ‘‘$86,000,000’’; by substituting ‘‘$0’’ for ‘‘$25,000,000’’; by substituting ‘‘$6,000,000’’ for 

‘‘$36,000,000’’; and by substituting ‘‘$0’’ for ‘‘$25,000,000’’. 

SEC. 1848. Notwithstanding section 1101, the level for ‘‘Institute 

of Museum and Library Services, Office of Museum and Library 

Services: Grants and Administration’’ shall be $237,869,000: Provided, That the amounts included under such heading in division 

D of Public Law 111–117 shall be applied to funds appropriated 

by this division by substituting ‘‘$0’’ for ‘‘$16,382,000’’. 

Applicability. 

Applicability. 

Time period. 

Grants. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 167 

SEC. 1849. Notwithstanding section 1101, the level for ‘‘Medicare Payment Advisory Commission, Salaries and Expenses’’ shall 

be $12,450,000. 

SEC. 1850. Notwithstanding section 1101, the level for ‘‘Railroad 

Retirement Board, Dual Benefits Payments Account’’ shall be 

$57,000,000. 

SEC. 1851. Notwithstanding section 1101, the level for ‘‘Social 

Security Administration, Payments to Social Security Trust Funds’’ 

shall be $21,404,000, and in addition such funds may be used 

to carry out section 217(g) of the Social Security Act. 

SEC. 1852. Notwithstanding section 1101, the level for the 

first paragraph under the heading ‘‘Social Security Administration, 

Supplemental Security Income Program’’ in division D of Public 

Law 111–117 shall be $39,983,273,000, of which $3,493,273,000 

shall be for administrative expenses. 

SEC. 1853. Notwithstanding section 1101, the level for the 

first paragraph under the heading ‘‘Social Security Administration, 

Limitation on Administrative Expenses’’ in division D of Public 

Law 111–117 shall be $10,775,500,000. In addition, the amount 

included in the fourth paragraph under such heading in division 

D of Public Law 111–117 shall be applied to funds appropriated 

by this division by substituting ‘‘$186,000,000’’ for ‘‘$160,000,000’’ 

each place it appears. 

SEC. 1854. Of the funds appropriated for ‘‘Social Security 

Administration, Limitation on Administrative Expenses’’ for fiscal 

years 2010 and prior years and available without fiscal year limitation (other than funds appropriated in Public Law 111–5) for investment in information technology and telecommunications hardware 

and software infrastructure, $75,000,000 is rescinded. 

SEC. 1855. All funds transferred under the authority of section 

4002 of Public Law 111–148 shall be subject to the terms and 

conditions of section 503 of division D of Public Law 111–117. 

GAO REPORTS AND AUDITS ON PPACA IMPLEMENTATION AND COM- PARATIVE EFFECTIVENESS RESEARCH FUNDING AND MEDICARE AC- TUARIAL ANALYSIS OF IMPACT OF CERTAIN PPACA INSURANCE

CHANGES ON PREMIUMS

SEC. 1856. (a) GAO REPORT ON PPACA IMPLEMENTATION.— Not later than 90 days after the date of the enactment of this 

Act, the Comptroller General of the United States shall submit 

to Congress a report on the costs and processes of implementing 

PPACA. Such report shall include the following (as of the date 

of preparation of the report): 

(1) A list of the contracts, including the name of the contractors, their general areas of expertise, and the amount of money 

expended on each such contract, entered into by the Department 

of Health and Human Services and other Federal departments 

and agencies to provide services related to authority under 

PPACA that was not previously authorized. 

(2) A list of any firms hired by such a Department or 

agency to facilitate contracting with such contractors. 

(3) A list of consultants who have been hired by such 

a Department or agency to assist in implementing PPACA, 

including their areas of expertise and the total cost for such 

consultants. 

(b) GAO AUDIT OF ANNUAL LIMIT WAIVER REQUESTS.—Not 

later than 60 days after the date of the enactment of this Act, 

Rescission. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 168 PUBLIC LAW 112–10—APR. 15, 2011 

the Comptroller General shall submit to Congress a report that 

includes the results of an audit of requests for administrative waiver 

of the annual limit requirements of section 2711(a) of the Public 

Health Service Act (as inserted by section 1001(5) of the Patient 

Protection and Affordable Care Act). Such report shall include an 

analysis of the number of approvals and denials of such requests 

and the reasons for such approval or denial. 

(c) MEDICARE ACTUARIAL ANALYSIS OF PROJECTED PREMIUM

IMPACTS OF APPLYING CERTAIN REQUIREMENTS.—Not later than 

90 days after the date of the enactment of this Act, the Chief 

Actuary of the Centers for Medicare & Medicaid Services shall 

submit to Congress a report that contains an estimate of the impact 

of the guaranteed issue, guaranteed renewal, and community rating 

requirements under sections 2701 through 2703 of the Public Health 

Service Act, as inserted by section 1201 of the Patient Protection 

and Affordable Care Act, on premiums for individuals and families 

with employer-sponsored health insurance. Such estimate shall 

cover the 10-year period beginning with 2014 and shall include 

an estimate of the number of such individuals and families who 

will experience a premium increase as a result of such requirements 

and the number of such individuals and families who will experience 

a premium decrease as a result of such requirements. 

(d) GAO AUDIT OF COMPARATIVE EFFECTIVENESS RESEARCH

FUNDING.—Not later than 60 days after the date of the enactment 

of this Act, the Comptroller General shall submit to Congress a 

report that includes the results of an audit of expenditures made 

for comparative effectiveness research through funds provided to 

the Agency for Healthcare Research and Quality, the National 

Institutes of Health, or any other agency within the Department 

of Health and Human Services under title VIII of the American 

Recovery and Reinvestment Act of 2009 (Public Law 111–5) or 

under PPACA. Such report shall include a description of the 

expenditures made, the entities who received such funding, and 

the purpose of the funding. 

(e) PPACA DEFINED.—In this section, the term ‘‘PPACA’’ means 

the Patient Protection and Affordable Care Act (Public Law 111– 

148) and includes the amendments made by such Act, title I and 

subtitle B of title II of the Health Care and Education Reconciliation 

Act of 2010 (Public Law 111–152), and the amendments made 

by such title and subtitle. 

SEC. 1857. Of the funds made available for the Consumer 

Operated and Oriented Plan Program under Section 1322(g) of 

the Patient Protection and Affordable Care Act, $2,200,000,000 

are hereby permanently cancelled. 

FREE CHOICE VOUCHERS

SEC. 1858. (a) IN GENERAL.—Subsections (a), (b), (c), (d), and 

(e) of section 10108 of the Patient Protection and Affordable Care 

Act are repealed. 

(b) CONFORMING CHANGES TO TAX CODE.— (1) Section 36B(c)(2) of the Internal Revenue Code of 1986 

is amended by striking subparagraph (D). 

(2)(A) Section 139D, as added by section 10108 of PPACA, 

of such Code is repealed. 

(B) The table of sections for part III of subchapter B of 

chapter 1 of such Code is amended by striking the item relating 

to section 139D, as added by section 10108 of PPACA. 

26 USC 139D. 

Repeal. 

26 USC 36B. 

42 USC 18101. 

Cancellation. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 169 

(3) Section 162(a) of such Code is amended by striking 

the last sentence. 

(4) Section 4980H(b) of such Code is amended by striking 

paragraph (3). 

(5) Section 6056 of such Code is amended— 

(A) by striking ‘‘and every offering employer’’ in subsection (a), 

(B) in subsection (b)(2)(C)— 

(i) by striking ‘‘in the case of an applicable large 

employer,’’ in clause (i), 

(ii) by inserting ‘‘and’’ at the end of clause (iii), 

(iii) by striking ‘‘and’’ at the end of clause (iv), 

and 

(iv) by striking clause (v), 

(C) by striking ‘‘or offering employer’’ in subsections 

(d)(2) and (e), and 

(D) by amending subsection (f) to read as follows: 

‘‘(f) DEFINITIONS.—For purposes of this section, any term used 

in this section which is also used in section 4980H shall have 

the meaning given such term by section 4980H.’’. 

(c) OTHER CONFORMING CHANGE.—Section 18B(a)(3) of the Fair 

Labor Standards Act of 1938 (29 U.S.C. 218B) is amended by 

striking ‘‘and the employer does not offer a free choice voucher’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the provisions of, and the amendments made by, the provisions of the Patient Protection and Affordable Care Act to which they relate. 

SEC. 1859. Of the funds made available for performance bonus 

payments under section 2105(a)(3)(E) of the Social Security Act, 

$3,500,000,000 are hereby permanently cancelled. 

SEC. 1860. (a) Section 401(b) of the Higher Education Act 

of 1965 (20 U.S.C. 1070a(b)) is amended— 

(1) in paragraph (2)(A)(ii), by striking ‘‘paragraph (8)(B)’’ 

and inserting ‘‘paragraph (7)(B)’’; 

(2) by striking paragraph (5); 

(3) in paragraph (8)— 

(A) in subparagraph (A), by amending clause (iv) to 

read as follows: 

‘‘(iv) to carry out this section— 

‘‘(I) $13,500,000,000 for fiscal year 2011; 

‘‘(II) $3,183,000,000 for fiscal year 2012; 

‘‘(III) $0 for fiscal year 2013; 

‘‘(IV) $0 for fiscal year 2014; 

‘‘(V) $0 for fiscal year 2015; 

‘‘(VI) $0 for fiscal year 2016; 

‘‘(VII) $1,060,000,000 for fiscal year 2017; 

‘‘(VIII) $1,125,000,000 for fiscal year 2018; 

‘‘(IX) $1,125,000,000 for fiscal year 2019; 

‘‘(X) $1,140,000,000 for fiscal year 2020; and 

‘‘(XI) $1,145,000,000 for fiscal year 2021 and 

each succeeding fiscal year.’’; and 

(B) in subparagraph (C)— 

(i) in clause (i)(I), by striking ‘‘clause (v)(II)’’ and 

inserting ‘‘clause (iv)(II)’’; and 

(ii) in clause (ii)(I), by striking ‘‘clause (v)(II)’’ and 

inserting ‘‘clause (iv)(II)’’; and 

Cancellation. 

26 USC 36B note. 

29 USC 218b. 

26 USC 6056. 

26 USC 4980H. 

26 USC 162. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 170 PUBLIC LAW 112–10—APR. 15, 2011 

(4) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. 

(b) The amendment made by subsection (a)(2) shall be effective 

with respect to the 2011–2012 award year and succeeding award 

years. 

(c) Sections 482(c) and 492 of the Higher Education Act of 

1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments 

made by subsection (a)(2), or to any regulations promulgated under 

those amendments. 

(d) The requirements of 34 C.F.R. 690.64(b) shall not apply 

with respect to 2011 cross-over payment periods. 

SEC. 1861. Section 101 of Public Law 111–226 (124 Stat. 2389) 

is amended by striking paragraph (11). 

SEC. 1862. Of the unobligated balances of funds made available 

in section 458(a)(7)(B) of the Higher Education Act of 1965, 

$31,000,000 is rescinded. 

SEC. 1863. Within 30 days of the enactment of this division, 

each of the departments and related agencies funded in this title 

shall submit to the Committees on Appropriations of the House 

of Representatives and the Senate a spending, expenditure, or operating plan for fiscal year 2011 at a level of detail below the account 

level. 

TITLE IX—LEGISLATIVE BRANCH 

SEC. 1901. Notwithstanding section 1101, the level for each 

of the following accounts of the Senate shall be as follows: ‘‘Salaries, 

Officers and Employees’’, $185,982,000; ‘‘Salaries, Officers and 

Employees, Office of the Sergeant at Arms and Doorkeeper’’, 

$77,000,000; ‘‘Contingent Expenses of the Senate, Secretary of the 

Senate’’, $6,200,000, of which $4,200,000 shall remain available 

until September 30, 2015; and ‘‘Contingent Expenses of the Senate, 

Sergeant at Arms and Doorkeeper of the Senate’’, $142,401,000. 

SEC. 1902. Notwithstanding section 1101, the level for each 

of the following accounts of the Senate under the heading ‘‘Contingent Expenses of the Senate’’ shall be as follows: ‘‘Miscellaneous 

Items’’, $21,145,000; ‘‘Senators’ Official Personnel and Office 

Expense Account’’, $410,000,000: Provided, That each Senator’s official personnel and office expense allowance (including the allowance 

for administrative and clerical assistance, the salaries allowance 

for legislative assistance to Senators, as authorized by the Legislative Branch Appropriation Act, 1978 (Public Law 95–94), and the 

office expense allowance for each Senator’s office for each State) 

in effect immediately before the date of enactment of this section 

shall be reduced by 5 percent. 

SEC. 1903. Of the unobligated amounts appropriated for fiscal 

year 2009 under the heading ‘‘Senate’’, $33,500,000 are rescinded. 

SEC. 1904. Section 8 of the Legislative Branch Appropriations 

Act, 1990 (31 U.S.C. 1535 note) is amended by striking paragraph 

(3) and inserting the following: 

‘‘(3) Agreement under paragraph (1) shall be in accordance 

with regulations prescribed by the Committee on Rules and 

Administration of the Senate.’’. 

SEC. 1905. Notwithstanding section 1101, the level for ‘‘House 

of Representatives, Salaries and Expenses’’ shall be $1,314,025,000. 

Deadline. 

Plans. 

20 USC 1089 

note. 

20 USC 1070a 

note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 171 

SEC. 1906. Notwithstanding section 1101, the level for ‘‘House of Representatives, House Leadership Offices’’ shall be $24,861,969, 

and the levels under that heading shall be as follows: (1) For the Office of the Speaker, $4,877,851. 

(2) For the Office of the Majority Floor Leader, $2,432,808. 

(3) For the Office of the Minority Floor Leader, $4,378,238. 

(4) For the Office of the Majority Whip, $2,105,373. 

(5) For the Office of the Minority Whip, $1,628,873. 

(6) For the Speaker’s Office for Legislative Floor Activities, 

$497,619. 

(7) For the Republican Steering Committee, $940,674. 

(8) For the Republican Conference, $1,679,970. 

(9) For the Republican Policy Committee, $344,485. 

(10) For the Democratic Steering and Policy Committee, 

$1,319,273. 

(11) For the Democratic Caucus, $1,659,696. 

(12) For nine minority employees, $1,487,455. 

(13) For the training and program development—majority, 

$277,807. 

(14) For the training and program development—minority, 

$277,439. 

(15) For Cloakroom Personnel—majority, $477,469. 

(16) For Cloakroom Personnel—minority, $476,939. 

SEC. 1907. Notwithstanding section 1101, the level for ‘‘House 

of Representatives, Members’ Representational Allowances’’ shall 

be $613,052,000. 

SEC. 1908. Notwithstanding section 1101, the level for ‘‘House 

of Representatives, Committee Employees, Standing Committees, 

Special and Select’’ shall be $134,549,103, and the period of applicability referred to in the proviso under that heading shall be 

December 31, 2012. 

SEC. 1909. Notwithstanding section 1101, the level for ‘‘House 

of Representatives, Committee on Appropriations’’ shall be 

$28,483,000, and the period of applicability referred to in the proviso 

under that heading shall be December 31, 2012. 

SEC. 1910. Notwithstanding section 1101, the level for ‘‘House 

of Representatives, Salaries, Officers and Employees’’ shall be 

$193,326,000, and the level under that heading— 

(1) for the Office of the Clerk shall be $28,589,000; 

(2) for the Office of the Sergeant at Arms shall be 

$9,034,000; and 

(3) for the Office of the Chief Administrative Officer shall 

be $127,782,000. 

SEC. 1911. Notwithstanding section 1101, the level for ‘‘House 

of Representatives, Allowances and Expenses’’ shall be 

$319,752,928, and the level under that heading— 

(1) for Government contributions for health, retirement, 

Social Security, and other applicable employee benefits shall 

be $282,976,856; 

(2) for Business Continuity and Disaster Recovery shall 

be $22,912,072, of which $5,000,000 shall remain available 

until expended; and 

(3) for the Wounded Warrior Program shall be $2,000,000. 

SEC. 1912. Notwithstanding section 1101, the level for ‘‘Joint 

Items, Joint Economic Committee’’ shall be $4,499,000. 

SEC. 1913. Notwithstanding section 1101, the level for ‘‘Joint Items, Joint Committee on Taxation’’ shall be $10,551,150. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 172 PUBLIC LAW 112–10—APR. 15, 2011 

SEC. 1914. Notwithstanding section 1101, the level for ‘‘Office 

of the Attending Physician’’ shall be $3,407,000, and the level 

under that heading for reimbursement to the Department of the 

Navy for expenses incurred for staff and equipment shall be 

$2,426,000. 

SEC. 1915. Notwithstanding section 1101, the level for ‘‘Capitol 

Police, Salaries’’ shall be $277,688,000. 

SEC. 1916. Notwithstanding section 1101, the level for ‘‘Office 

of Compliance, Salaries and Expenses’’ shall be $4,085,150, and 

the period of availability referred to under such heading shall 

be September 30, 2012. 

SEC. 1917. Notwithstanding section 1101, the level for ‘‘Congressional Budget Office, Salaries and Expenses’’ shall be $46,865,000. 

SEC. 1918. Notwithstanding section 1101, the period of availability for each item under the heading ‘‘Architect of the Capitol’’ 

may not extend beyond September 30, 2015. 

SEC. 1919. Of the unobligated amounts appropriated from prior 

year appropriations under the heading ‘‘Architect of the Capitol’’ 

for the Capitol Visitor Center project, $14,600,000 are rescinded. 

SEC. 1920. Notwithstanding section 1101, the level for ‘‘Library 

of Congress, Salaries and Expenses’’ shall be $439,000,000, and 

the amount applicable under the fifth and seventh provisos under 

that heading shall be $0. 

SEC. 1921. Notwithstanding section 1101, the level for ‘‘Library 

of Congress, Copyright Office, Salaries and Expenses’’ shall be 

$54,476,000, of which not more than $30,751,000, to remain available until expended, shall be derived from collections credited to 

such appropriation during fiscal year 2011 under section 708(d) 

of title 17, United States Code, and the amount applicable under 

the third proviso under such heading shall be $36,612,000. 

SEC. 1922. Notwithstanding section 1101, the level for ‘‘Library 

of Congress, Congressional Research Service, Salaries and 

Expenses’’ shall be $111,240,000. 

SEC. 1923. Notwithstanding section 1101, the level for ‘‘Library 

of Congress, Books for the Blind and Physically Handicapped, Salaries and Expenses’’ shall be $68,182,000. 

SEC. 1924. Notwithstanding section 1101, the level for ‘‘Government Printing Office, Government Printing Office Revolving Fund’’ 

shall be $1,659,000. 

SEC. 1925. Notwithstanding section 1101, the level for ‘‘Government Printing Office, Office of Superintendent of Documents, Salaries and Expenses’’ shall be $39,911,000, and the amounts authorized for producing and disseminating Congressional serial sets and 

other related publications to depository and other designated 

libraries shall apply to publications for fiscal years 2009 and 2010. 

SEC. 1926. (a) Section 309(c) of the Legislative Branch Appropriations Act, 1999 (44 U.S.C. 305 note) is amended by striking 

paragraph (5). 

(b) The amendment made by subsection (a) shall take effect 

as if included in the enactment of the Legislative Branch Appropriations Act, 1999. 

SEC. 1927. Notwithstanding section 1101, the level for ‘‘Government Accountability Office, Salaries and Expenses’’ shall be 

$547,349,000, the amount applicable under the first proviso under 

that heading shall be $9,400,000, the amount applicable under 

the second proviso under that heading shall be $3,100,000, and 

Effective date. 

44 USC 305 note. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 173 

the amount applicable under the third proviso under that heading 

shall be $7,000,000. 

SEC. 1928. Notwithstanding section 1101, the level for ‘‘Open 

World Leadership Center Trust Fund’’ shall be $11,400,000. 

TITLE X—MILITARY CONSTRUCTION, VETERANS AFFAIRS, 

AND RELATED AGENCIES 

SEC. 2001. Notwithstanding section 1101, the level for each 

of the following accounts of the Department of Defense for funding, 

including incremental funding, of programs, projects and activities 

authorized in division B of Public Law 111–383, excluding funds 

designated by section 1110 of this division, shall be as follows: 

‘‘Military Construction, Army’’, $3,787,598,000; ‘‘Military Construction, Navy and Marine Corps’’, $3,303,611,000; ‘‘Military Construction, Air Force’’, $1,106,995,000; ‘‘Military Construction, DefenseWide’’, $2,873,062,000; ‘‘Military Construction, Army National 

Guard’’, $873,664,000; ‘‘Military Construction, Air National Guard’’, 

$194,986,000; ‘‘Military Construction, Army Reserve’’, $318,175,000; 

‘‘Military Construction, Navy Reserve’’, $61,557,000; and ‘‘Military 

Construction, Air Force Reserve’’, $7,832,000: Provided, That not 

later than 30 days after the date of the enactment of this section, 

the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spending 

plan for fiscal year 2011 at a level of detail below the account 

level. 

SEC. 2002. Notwithstanding section 1101, the level for each 

of the following accounts of the Department of Defense shall be 

as follows: ‘‘Family Housing Construction, Army’’, $92,369,000; 

‘‘Family Housing Construction, Navy and Marine Corps’’, 

$186,444,000; ‘‘Family Housing Construction, Air Force’’, 

$78,025,000; ‘‘Family Housing Construction, Defense-Wide’’, $0; and 

‘‘Family Housing Improvement Fund’’, $1,096,000. 

SEC. 2003. Notwithstanding section 1101, the level for each 

of the following accounts of the Department of Defense shall be 

as follows: ‘‘North Atlantic Treaty Organization Security Investment 

Program’’, $258,884,000; ‘‘Homeowners Assistance Fund’’, 

$16,515,000; ‘‘Chemical Demilitarization Construction, DefenseWide’’, $124,971,000; ‘‘Department of Defense Base Closure Account 

1990’’, $360,474,000; and ‘‘Department of Defense Base Closure 

Account 2005’’, $2,354,285,000. 

SEC. 2004. Notwithstanding section 1101, the level for each 

of the following accounts of the Department of Defense shall be 

as follows: ‘‘Family Housing Operation and Maintenance, Army’’, 

$518,140,000; ‘‘Family Housing Operation and Maintenance, Navy 

and Marine Corps’’, $366,346,000; ‘‘Family Housing Operation and 

Maintenance, Air Force’’, $513,792,000; and ‘‘Family Housing Operation and Maintenance, Defense-Wide’’, $50,464,000. 

SEC. 2005. Of the funds designated by section 1110 of this 

division, funds available for the Department of Defense shall be 

as follows: ‘‘Military Construction, Army’’, $981,346,000; ‘‘Military 

Construction, Air Force’’, $195,006,000; and ‘‘Military Construction, 

Defense-Wide’’, $46,500,000. 

SEC. 2006. Notwithstanding any other provision of this division, 

the following provisions included in title I of division E of Public 

Law 111–117 shall not apply to funds made available by this 

division: the first, second, and last provisos, and the set-aside 

Deadline. 

Spending plan. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 174 PUBLIC LAW 112–10—APR. 15, 2011 

of $350,000,000, under the heading ‘‘Military Construction, Army’’; 

the first and last provisos under the heading ‘‘Military Construction, 

Navy and Marine Corps’’; the first, second, and last provisos under 

the heading ‘‘Military Construction, Air Force’’; the second, third, 

fourth, and last provisos under the heading ‘‘Military Construction, 

Defense-Wide’’, the first, second and last provisos, and the setaside of $30,000,000, under the heading ‘‘Military Construction, 

Army National Guard’’; the first, second, and last provisos, and 

the set-aside of $30,000,000, under the heading ‘‘Military Construction, Air National Guard’’; the first, second, and last provisos, 

and the set-aside of $30,000,000, under the heading ‘‘Military 

Construction, Army Reserve’’; the first, second, and last provisos, 

the set-aside of $20,000,000, and the set-aside of $35,000,000, under 

the heading ‘‘Military Construction, Navy Reserve’’; the first, second, 

and last provisos, and the set-aside of $55,000,000, under the 

heading ‘‘Military Construction, Air Force Reserve’’; the proviso 

under the heading ‘‘Family Housing Construction, Army’’; the proviso under the heading ‘‘Family Housing Construction, Navy and 

Marine Corps’’; the proviso under the heading ‘‘Family Housing 

Construction, Air Force’’; the proviso under the heading ‘‘Family 

Housing Construction, Defense-Wide’’; and the proviso under the 

heading ‘‘Chemical Demilitarization Construction, Defense-Wide’’. 

SEC. 2007. Notwithstanding any other provision of this division, 

the following provisions included in title IV of division E of Public 

Law 111–117 shall not apply to funds appropriated by this division: 

the proviso under ‘‘Military Construction, Army’’ and the proviso 

under ‘‘Military Construction, Air Force’’. 

SEC. 2008. Of the funds made available for ‘‘Military Construction, Defense-Wide’’ in title I of division E of Public Law 110– 

329, $23,000,000 are rescinded. 

SEC. 2009. Of the funds made available for ‘‘Military Construction, Defense-Wide’’ in title I of division E of Public Law 111– 

117, $125,500,000 are rescinded. 

SEC. 2010. Of the funds made available for ‘‘Military Construction, Army’’ in title I of division E of Public Law 111–117, 

$263,000,000 are rescinded. 

SEC. 2011. Of the funds made available for ‘‘Military Construction, Navy and Marine Corps’’ in title I of division E of Public 

Law 111–117, $61,050,000 are rescinded. 

SEC. 2012. Of the funds made available for ‘‘Military Construction, Air Force’’ in title I of division E of Public Law 111–117, 

$121,700,000 are rescinded. 

SEC. 2013. Of the unobligated balances available for ‘‘Department of Defense Base Closure Account 2005’’ from prior appropriations (other than appropriations designated by law as being for 

contingency operations directly related to the global war on terrorism or as an emergency requirement), $232,363,000 are 

rescinded. 

SEC. 2014. (a) Of the funds made available in title II of division 

E of Public Law 111–117, the following amounts which became 

available on October 1, 2010, are hereby rescinded from the following accounts in the amounts specified: 

(1) ‘‘Department of Veterans Affairs, Medical Services’’, 

$1,000,000,000. 

(2) ‘‘Department of Veterans Affairs, Medical Support and 

Compliance’’, $100,000,000. 

Rescissions. 

Rescission. 

Rescission. 

Rescission. 

Rescission. 

Rescission. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 175 

(3) ‘‘Department of Veterans Affairs, Medical Facilities’’, $100,000,000. 

(b) In addition to amounts provided elsewhere in this Act, 

an additional amount is appropriated to the following accounts 

in the amounts specified, to remain available until September 30, 

2012: 

(1) ‘‘Department of Veterans Affairs, Medical Services’’, 

$1,000,000,000. 

(2) ‘‘Department of Veterans Affairs, Medical Support and 

Compliance’’, $100,000,000. 

(3) ‘‘Department of Veterans Affairs, Medical Facilities’’, 

$100,000,000. 

SEC. 2015. Notwithstanding section 1118, the levels for each 

of the following accounts for fiscal year 2012 shall be as follows: 

(1) ‘‘Department of Veterans Affairs, Medical Services’’, $39,649,985,000, which shall become available on October 1, 

2011, and shall remain available until September 30, 2012. 

(2) ‘‘Department of Veterans Affairs, Medical Support and Compliance’’, $5,535,000,000, which shall become available on 

October 1, 2011, and shall remain available until September 

30, 2012. 

(3) ‘‘Department of Veterans Affairs, Medical Facilities’’, $5,426,000,000, which shall become available on October 1, 

2011, and shall remain available until September 30, 2012. 

SEC. 2016. Of the discretionary funds made available to the 

Department of Veterans Affairs for fiscal year 2011, $34,000,000 

are rescinded from ‘‘Medical Support and Compliance’’ and 

$15,000,000 are rescinded from ‘‘Medical Facilities’’, which shall 

be derived from amounts estimated for the January 2011 civilian 

pay raise. 

SEC. 2017. Of the amounts appropriated to the Department 

of Veterans Affairs for fiscal year 2011 for ‘‘Medical Services’’, 

‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up 

to $235,360,000, plus reimbursements, may be transferred to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of 

title XVII of division A of Public Law 111–84 and may be used 

for operation of the facilities designated as combined Federal medical facilities as described by section 706 of Public Law 110–417: 

Provided, That additional funds may be transferred from accounts 

designated in this section to the Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration 

Fund upon written notification by the Secretary of Veterans Affairs 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 2018. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, for health care provided at facilities designated as 

combined Federal medical facilities as described by section 706 

of Public Law 110–417 shall also be available: (1) for transfer 

to the Joint Department of Defense-Department of Veterans Affairs 

Medical Facility Demonstration Fund, established by section 1704 

of title XVII of division A of Public Law 111–84; and (2) for operations of the facilities designated as combined Federal medical 

facilities as described by section 706 of Public Law 110–417. 

SEC. 2019. Notwithstanding section 1101, the level for ‘‘Department of Veterans Affairs, Departmental Administration, General 

Notification. 

Rescissions. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 176 PUBLIC LAW 112–10—APR. 15, 2011 

Operating Expenses’’ shall be $2,534,276,000, of which not less 

than $2,136,776,000 shall be for the Veterans Benefits Administration: Provided, That no funds shall be available for the printer 

on every desk initiative. 

SEC. 2020. Notwithstanding section 1101, the level for ‘‘Department of Veterans Affairs, Departmental Administration, Information Technology Systems’’ shall be $3,146,898,000. 

SEC. 2021. Of the funds made available for ‘‘Department of 

Veterans Affairs, Departmental Administration, Information Technology Systems’’ in title II of division E of Public Law 111–117, 

$147,000,000 are rescinded. 

SEC. 2022. Notwithstanding section 1101, the level for ‘‘Department of Veterans Affairs, Departmental Administration, Construction, Major Projects’’ shall be $1,151,036,000: Provided, That not 

later than 30 days after the date of the enactment of this section, 

the Secretary of Veterans Affairs shall submit to the Committees 

on Appropriations of the House of Representatives and the Senate 

a spending plan for fiscal year 2011 at a level of detail below 

the account level: Provided further, That the last proviso included 

in title II of division E of Public Law 111–117 under the heading 

‘‘Department of Veterans Affairs, Departmental Administration, 

Construction, Major Projects’’ shall not apply to funds appropriated 

by this division. 

SEC. 2023. Of the unobligated balances available under ‘‘Department of Veterans Affairs, Departmental Administration, Construction, Major Projects’’ to be derived from accounts in prior appropriations Acts and that were not designated by the Congress in such 

Acts as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit 

Control Act of 1985, $75,000,000 are rescinded. 

SEC. 2024. Notwithstanding section 1101, the level for ‘‘Department of Veterans Affairs, Departmental Administration, Construction, Minor Projects’’ shall be $467,700,000. 

SEC. 2025. Notwithstanding section 1101, the level for ‘‘Department of Veterans Affairs, Departmental Administration, Grants 

for Construction of State Extended Care Facilities’’ shall be 

$85,000,000. 

SEC. 2026. Notwithstanding section 1101, the level for ‘‘American Battle Monuments Commission, Salaries and Expenses’’ shall 

be $64,200,000, to remain available until expended. 

SEC. 2027. Notwithstanding section 1101, the level for ‘‘United 

States Court of Appeals for Veterans Claims, Salaries and 

Expenses’’ shall be $27,615,000, of which $2,320,000 shall be available for the purpose of providing financial assistance as described 

under this heading in Public Law 102–229. 

SEC. 2028. Notwithstanding section 1101, the level for ‘‘Department of Defense—Civil, Cemeterial Expenses, Army, Salaries and 

Expenses’’ shall be $45,100,000, to remain available until expended. 

SEC. 2029. Notwithstanding section 1101, the level for ‘‘Armed 

Forces Retirement Home, Trust Fund’’ shall be $71,200,000, of 

which $2,000,000 shall be for construction and renovation of physical plants. 

SEC. 2030. In the Senate, section 902 of Public Law 111– 

212, the Supplemental Appropriations Act, 2010, shall be subject 

to section 3002 of that Act and accordingly is designated as an 

emergency requirement and necessary to meet emergency needs 

Rescissions. 

Deadline. 

Spending plan. 

Rescissions. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 177 

pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

TITLE XI—DEPARTMENT OF STATE, FOREIGN OPERATIONS, 

AND RELATED PROGRAMS 

SEC. 2101. For purposes of this title, the term ‘‘division F 

of Public Law 111–117’’ means the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117). 

SEC. 2102. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Administration of 

Foreign Affairs, Diplomatic and Consular Programs’’, 

$8,790,000,000, of which $1,500,000,000 is for Worldwide Security 

Protection (to be available until expended); ‘‘Administration of Foreign Affairs, Capital Investment Fund’’, $59,499,000; ‘‘Administration of Foreign Affairs, Emergencies in the Diplomatic and Consular 

Service’’, $9,499,000; ‘‘Administration of Foreign Affairs, Representation Allowances’’, $7,499,000; ‘‘Administration of Foreign Affairs, 

Payment to the American Institute in Taiwan’’, $21,150,000; and 

‘‘Administration of Foreign Affairs, Civilian Stabilization Initiative’’, 

$35,000,000. 

SEC. 2103. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Related Programs, 

United States Institute of Peace’’, $39,499,000, which shall not 

be used for construction activities; ‘‘Related Programs, East-West 

Center’’, $21,000,000; ‘‘International Commissions, International 

Fisheries Commissions’’, $50,500,000; ‘‘International Organizations, 

Contributions to International Organizations’’, $1,581,815,000; and 

‘‘International Organizations, Contributions for International Peacekeeping Activities’’, $1,887,706,000. 

SEC. 2104. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘International Commissions, International Boundary and Water Commission, United 

States and Mexico, Salaries and Expenses’’, $43,300,000; ‘‘International Commissions, International Boundary and Water Commission, United States and Mexico, Construction’’, $26,500,000; and 

‘‘Related Programs, The Asia Foundation’’, $17,900,000. 

SEC. 2105. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Related Agency, 

Broadcasting Board of Governors, International Broadcasting Operations’’, $731,500,000; and ‘‘Related Agency, Broadcasting Board 

of Governors, Broadcasting Capital Improvements’’, $6,875,000. 

SEC. 2106. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Administration of 

Foreign Affairs, Educational and Cultural Exchange Programs’’, 

$600,000,000; ‘‘Bilateral Economic Assistance, Independent Agencies, Inter-American Foundation’’, $22,499,000; and ‘‘Bilateral Economic Assistance, Independent Agencies, African Development 

Foundation’’, $29,500,000. 

SEC. 2107. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘United States Agency 

for International Development, Funds Appropriated to the President, Operating Expenses’’, $1,350,000,000; ‘‘United States Agency 

for International Development, Funds Appropriated to the President, Civilian Stabilization Initiative’’, $5,000,000; ‘‘United States 

Agency for International Development, Funds Appropriated to the 

Definition. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 178 PUBLIC LAW 112–10—APR. 15, 2011 

President, Capital Investment Fund’’, $130,000,000; and ‘‘United 

States Agency for International Development, Funds Appropriated 

to the President, Office of Inspector General’’, $45,000,000. 

SEC. 2108. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Bilateral Economic 

Assistance, Funds Appropriated to the President, Development 

Assistance’’, $2,525,000,000; ‘‘Bilateral Economic Assistance, Funds 

Appropriated to the President, Complex Crises Fund’’, $40,000,000; 

‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Assistance for Europe, Eurasia and Central Asia’’, 

$697,134,000; ‘‘Bilateral Economic Assistance, Independent Agencies, Peace Corps’’, $375,000,000; and ‘‘Bilateral Economic Assistance, Independent Agencies, Millennium Challenge Corporation’’, 

$900,000,000. 

SEC. 2109. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Bilateral Economic 

Assistance, Funds Appropriated to the President, Economic Support 

Fund’’, $5,958,101,000; ‘‘Bilateral Economic Assistance, Funds 

Appropriated to the President, Democracy Fund’’, $115,000,000; 

‘‘Department of the Treasury, International Affairs Technical Assistance’’, $25,499,000; and ‘‘Department of the Treasury, Debt Restructuring’’, $50,000,000. 

SEC. 2110. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Bilateral Economic 

Assistance, Funds Appropriated to the President, International Disaster Assistance’’, $865,000,000; ‘‘Bilateral Economic Assistance, 

Department of State, Migration and Refugee Assistance’’, 

$1,690,000,000; and ‘‘Bilateral Economic Assistance, Department 

of State, United States Emergency Refugee and Migration Assistance Fund’’, $50,000,000: Provided, That the authorities and 

requirements under section 2(c)(1) of the Migration and Refugee 

Assistance Act of 1962 (22 U.S.C. 2601(c)(1)) may be exercised 

and fulfilled by the Secretary of State for the purpose of meeting 

unexpected, urgent refugee and migration needs, and with respect 

to funds appropriated to carry out section 2(c) of such Act in 

this division and in prior Acts making appropriations for the Department of State, foreign operations, and related programs. 

SEC. 2111. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘International Security 

Assistance, Department of State, Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, $740,000,000; and ‘‘International 

Security Assistance, Department of State, Peacekeeping Operations’’, $305,000,000: Provided, That division F of Public Law 

111–117 shall be applied to funds appropriated by this division 

under the heading ‘‘Peacekeeping Operations’’ by adding the following at the end: ‘‘: Provided further, That funds appropriated 

under this heading that are available for assistance for Chad, 

Sudan, Somalia, and the Democratic Republic of the Congo should 

not be used to support any military training or operations that 

include child soldiers’’. 

SEC. 2112. (a) Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘International Security 

Assistance, Funds Appropriated to the President, International Military Education and Training’’, $106,000,000; and ‘‘International 

Security Assistance, Funds Appropriated to the President, Foreign 

Military Financing Program’’, $5,385,000,000, of which not less 

than $3,000,000,000 shall be available for grants only for Israel, 

Foreign 

countries. 

Child soldiers. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 179 

$1,300,000,000 shall be available for grants only for Egypt, 

$300,000,000 shall be available for assistance for Jordan, and up 

to $50,000,000 should be available for assistance for Colombia: 

Provided, That the dollar amount in the fourth proviso of the 

first paragraph under the heading ‘‘International Security Assistance, Funds Appropriated to the President, Foreign Military 

Financing Program’’ of division F of Public Law 111–117 shall 

be deemed to be for the purposes of this Act, $789,000,000: Provided 

further, That the second paragraph under the heading ‘‘International Security Assistance, Funds Appropriated to the President, 

Foreign Military Financing Program’’ in division F of Public Law 

111–117 shall be applied to funds appropriated by this division 

by inserting after the second proviso in such paragraph the following: ‘‘: Provided further, That funds appropriated under this 

heading shall not be disbursed for assistance for Chad until the 

Secretary of State reports to the Committees on Appropriations 

on steps being taken by the Government of Chad to implement 

a plan of action to end the recruitment and use of child soldiers, 

including the demobilization of child soldiers’’. 

(b) The authorities contained under the heading ‘‘International 

Security Assistance, Funds Appropriated to the President, Pakistan 

Counterinsurgency Capability Fund’’ in title XI of Public Law 111– 

32 shall remain in effect until September 30, 2012. 

SEC. 2113. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Multilateral Assistance, Funds Appropriated to the President, International Organizations and Programs’’, $355,000,000, of which up to $10,000,000 

may be made available for the International Panel on Climate 

Change/United Nations Framework Convention on Climate Change; 

‘‘Multilateral Assistance, International Financial Institutions, 

Global Environment Facility’’, $90,000,000; ‘‘Multilateral Assistance, International Financial Institutions, Contribution to the International Development Association’’, $1,235,000,000; ‘‘Multilateral 

Assistance, International Financial Institutions, Contribution to the 

Clean Technology Fund’’, $185,000,000; ‘‘Multilateral Assistance, 

International Financial Institutions, Contribution to the Strategic 

Climate Fund’’, $50,000,000; ‘‘Multilateral Assistance, International 

Financial Institutions, Contribution to the Inter-American Development Bank’’, $21,000,000; ‘‘Multilateral Assistance, International 

Financial Institutions, Contribution to the African Development 

Fund’’, $110,000,000; and ‘‘Multilateral Assistance, International 

Financial Institutions, International Fund for Agricultural Development’’, $29,499,000. 

SEC. 2114. Notwithstanding section 1101, the level for each 

of the following accounts shall be as follows: ‘‘Export and Investment 

Assistance, Overseas Private Investment Corporation, Program 

Account’’, $18,115,000; and ‘‘Export and Investment Assistance, 

Funds Appropriated to the President, Trade and Development 

Agency’’, $50,000,000. 

SEC. 2115. (a) Notwithstanding section 1101, the amounts 

included under the heading ‘‘Administration of Foreign Affairs, 

Embassy Security, Construction and Maintenance’’ in division F 

of Public Law 111–117 shall be applied to funds appropriated by 

this division as follows: by substituting ‘‘$825,000,000’’ for 

‘‘$876,850,000’’ in the first paragraph; and by substituting 

‘‘$795,000,000’’ for ‘‘$847,300,000’’ in the second paragraph. 

Applicability. 

Chad. 

Reports. 

Child soldiers. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 180 PUBLIC LAW 112–10—APR. 15, 2011 

(b) Notwithstanding section 1101, the amounts included under 

the heading ‘‘Bilateral Economic Assistance, Funds Appropriated 

to the President, Development Credit Authority’’ in division F of 

Public Law 111–117 shall be applied to funds appropriated by 

this division as follows: by substituting ‘‘$30,000,000’’ for 

‘‘$25,000,000’’ in the first paragraph; and by substituting 

‘‘$8,300,000’’ for ‘‘$8,600,000’’ in the second paragraph. 

SEC. 2116. Notwithstanding section 1101, the amounts included 

under the heading ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Global Health and Child Survival’’ in 

division F of Public Law 111–117 shall be applied to funds appropriated by this division as follows: by substituting in the first 

paragraph ‘‘$2,500,000,000’’ for ‘‘$2,420,000,000’’; and by substituting in the second paragraph ‘‘$5,345,000,000’’ for 

‘‘$5,359,000,000’’. 

SEC. 2117. Notwithstanding section 1101, the level for each of the following accounts shall be $0: ‘‘Administration of Foreign 

Affairs, Buying Power Maintenance Account’’; ‘‘Bilateral Economic 

Assistance, Funds Appropriated to the President, International 

Fund for Ireland’’; and ‘‘Multilateral Assistance, International 

Financial Institutions, Contribution to the Asian Development 

Fund’’. 

SEC. 2118. (a) Of the unobligated balances available from funds 

appropriated under the heading ‘‘Export and Investment Assistance, 

Export-Import Bank of the United States, Subsidy Appropriation’’ 

in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111– 

8) and under such heading in prior Acts making appropriations 

for the Department of State, foreign operations, and related programs, $275,000,000 are rescinded. 

(b) Of the unobligated balances from funds appropriated or 

otherwise made available for the Buying Power Maintenance 

Account, $17,000,000 are rescinded. 

(c) Of the unobligated balances available for the Development 

Assistance account, as identified by Treasury Appropriation Fund 

Symbols 7206/111021, $1,000,000 are rescinded. 

(d) Of the unobligated balances available for the Assistance 

for the Independent States of the Former Soviet Union account, 

as identified by Treasury Appropriation Fund Symbols 7206/111093, 

7207/121093, and 72X1093, $11,700,000 are rescinded. 

(e) Of the unobligated balances available for the International 

Narcotics Control and Law Enforcement account, as identified by 

Treasury Appropriation Fund Symbols 11X1022, 1106/121022, and 

191105/111022, $7,183,000 are rescinded. 

(f) Of the funds appropriated in prior Acts making appropriations for the Department of State, foreign operations, and related 

programs under the heading ‘‘Diplomatic and Consular Programs’’, 

$55,000,000, which shall be from amounts made available for Worldwide Security Protection, are rescinded: Provided, That no amounts 

may be rescinded from amounts that were designated by Congress 

as an emergency requirement pursuant to a concurrent resolution 

on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

(g) Of the funds appropriated in prior Acts making appropriations for the Department of State, foreign operations, and related 

programs under the heading ‘‘Bilateral Economic Assistance, Funds 

Appropriated to the President, Economic Support Fund’’, 

Rescissions. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 181 

$120,000,000 are rescinded: Provided, That no amounts may be 

rescinded from amounts that were designated by Congress as an 

emergency requirement pursuant to a concurrent resolution on the 

budget or the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

(h) Of the unobligated funds made available to the Secretary 

of State pursuant to section 286(v)(2)(A) of the Immigration and 

Nationality Act (8 U.S.C. 1356(v)(2)(A)), $140,000,000 are hereby 

permanently canceled. 

(i) Of the unobligated funds appropriated in prior Acts making 

appropriations for the Department of State, foreign operations, and 

related programs under the heading ‘‘Bilateral Economic Assistance, 

Funds Appropriated to the President, Assistance for Europe, Eurasia and Central Asia’’, $19,000,000 are rescinded: Provided, That 

no amounts may be rescinded from amounts that were designated 

by Congress as an emergency requirement pursuant to a concurrent 

resolution on the budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

SEC. 2119. (a) Notwithstanding section 653(b) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2413(b)), the President shall 

transmit the report required under section 653(a) of that Act with 

respect to the provision of funds appropriated or otherwise made 

available by this division for the Department of State, foreign 

operations, and related programs: Provided, That such report shall 

include a comparison of amounts, by category of assistance, provided 

or intended to be provided from funds appropriated for fiscal years 

2010 and 2011, for each foreign country and international organization. 

(b) Not later than 30 days after the date of enactment of 

this Act, each department, agency or organization funded by this 

title or by division F of Public Law 111–117 shall submit to the 

Committees on Appropriations an operating plan for such funds 

that provides details at the program, project, and activity level: 

Provided, That the report required under subsection (a) shall be 

considered to have met the requirements of this subsection with 

respect to funds made available to carry out the Foreign Assistance 

Act of 1961 and the Arms Export Control Act: Provided further, 

That the spending reports required in division F of Public Law 

111–117 for assistance for Afghanistan, Pakistan, Iraq, the Caribbean Basin, Lebanon, Mexico, and Central America, and spending 

reports required for funds appropriated under the headings ‘‘Diplomatic and Consular Programs’’, ‘‘Embassy Security, Construction, 

and Maintenance’’, ‘‘International Narcotics Control and Law 

Enforcement’’, ‘‘Civilian Stabilization Initiative’’, and ‘‘Peace Corps’’ 

shall be considered to have met the requirements of this subsection. 

(c) The reports required under subsection (b) shall not be considered as meeting the notification requirements under section 7015 

of division F of Public Law 111–117 or under section 634A of 

the Foreign Assistance Act of 1961. 

(d) The Secretary of State shall consult with the Committees 

on Appropriations prior to implementing the rescissions made 

pursuant to section 2118 of this division, other than rescissions 

made pursuant to subsection (a) of such section. 

SEC. 2120. (a) Notwithstanding any other provision of this 

division, the dollar amounts under paragraphs (1) through (4) under 

the heading ‘‘Administration of Foreign Affairs, Diplomatic and 

Consular Programs’’ in division F of Public Law 111–117 shall 

Consultation. 

Deadline. 

Operating plan. 

President. 

Reports. 

Cancellation. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 182 PUBLIC LAW 112–10—APR. 15, 2011 

not apply to funds appropriated by this division: Provided, That 

the dollar amounts to be derived from fees collected under paragraph (5)(A) under such heading shall be ‘‘$1,702,904’’ and 

‘‘$505,000’’, respectively. 

(b)(1) Division F of Public Law 111–117 shall be applied to 

funds appropriated by this division under the heading ‘‘International Organizations, Contributions for International Peacekeeping Activities’’ by adding at the end before the period the 

following: ‘‘: Provided further, That the Secretary of State should 

work with the United Nations and governments contributing peacekeeping troops to develop effective vetting procedures to ensure 

that such troops have not violated human rights: Provided further, 

That notwithstanding any other provision of law, funds provided 

under the heading ‘‘International Organizations, Contributions for 

International Peacekeeping Activities’’ shall be available for United 

States assessed contributions up to the amount specified in Annex 

IV accompanying United Nations General Assembly Resolution 64/ 

220: Provided further, That such funds may be made available 

only if the Secretary of State determines that it is in the national 

interest of the United States’’. 

(2) Division F of Public Law 111–117 shall be applied to funds 

appropriated by this division under the heading ‘‘United States 

Agency for International Development, Funds Appropriated to the 

President, Operating Expenses’’ by substituting ‘‘USAID mission, 

bureau, or office’’ for ‘‘USAID overseas mission or office’’ in the 

sixth proviso. 

(3) Division F of Public Law 111–117 shall be applied to funds 

appropriated by this division under the heading ‘‘Bilateral Economic 

Assistance, Funds Appropriated to the President, Development 

Assistance’’ by substituting ‘‘should’’ for ‘‘shall’’ each place it 

appears. 

(c) Division F of Public Law 111–117 shall be applied to funds 

appropriated by this division under the heading ‘‘Bilateral Economic 

Assistance, Funds Appropriated to the President, Economic Support 

Fund’’— 

(1) by substituting— 

(A) ‘‘should’’ for ‘‘shall’’ in the fourth proviso; 

(B) ‘‘$200,000,000’’ for ‘‘$150,000,000’’ in the seventh 

proviso; and 

(C) ‘‘$195,000,000 should’’ for ‘‘$209,790,000 shall’’ in 

the sixteenth proviso; and 

(2) by adding at the end before the period the following: 

‘‘: Provided further, That funds appropriated under this heading 

may be made available for activities to support the economic 

and social development and reconciliation goals of Public Law 

99–415, and should not be made available for a contribution: 

Provided further, That not less than $15,500,000 of the funds 

appropriated under this heading should be made available for 

remediation activities, and not less than $3,000,000 should 

be made available for related health activities, referenced in 

section 7071(j) of this Act’’. 

(d) Notwithstanding any other provision of this division, the 

following provisions in division F of Public Law 111–117 shall 

not apply to funds appropriated by this division: 

(1) Section 7034(l). 

(2) Section 7042(a), (b)(1), (c), and (d)(1). 

(3) Section 7044(d). 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 183 

(4) In section 7045: 

(A) Subsection (b)(2). 

(B) The first sentence of subsection (c). 

(C) The first sentence of subsection (e)(1). 

(D) The first sentence of subsection (f). 

(E) Subsection (h). 

(5) Section 7070(b). 

(6) Section 7071(f)(6). 

(7) The third proviso under the heading ‘‘Administration 

of Foreign Affairs, Civilian Stabilization Initiative’’. 

(8) The fourth proviso under the heading ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Assistance for Europe, Eurasia and Central Asia’’. 

(e) Section 7060 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting 

‘‘$575,000,000’’ for ‘‘$648,457,000’’: Provided, That notwithstanding 

section 1101, section 7078(a) of division F of Public Law 111– 

117 shall be applied to funds appropriated by this division by 

substituting in lieu thereof the matter contained in section 660(a) 

of division J of Public Law 110–161, the Consolidated Appropriations Act, 2008, except that ‘‘$40,000,000 should’’ shall be substituted for ‘‘not less than $7,000,000 shall’’. 

(f) Sections 7045(a), 7061, 7064(a)(1) and (b), and 7071(g)(3) 

of division F of Public Law 111–117 shall be applied to funds 

appropriated by this division by substituting ‘‘should’’ for ‘‘shall’’ 

each place it appears. 

(g)(1) Section 7081 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting— 

(A) ‘‘should’’ for ‘‘shall’’ each place it appears in subsections 

(b), (c), and (d); 

(B) ‘‘$35,000,000’’ for ‘‘$25,000,000’’ in the first sentence 

of subsection (d); and 

(C) ‘‘For fiscal year 2011, up to $185,000,000’’ for ‘‘For 

fiscal year 2010, up to $300,000,000’’ in subsection (g)(1). 

(2) The second proviso of section 7081(d) of division F of Public 

Law 111–117 is amended to read as follows: ‘‘: Provided further, 

That funds appropriated by this division that are made available 

for tropical forest programs shall be used for purposes including 

to implement and enforce section 8204 of Public Law 110–246, 

shall not be used to support or promote the expansion of industrial 

logging into primary tropical forests, and shall be subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations’’. 

(h) Section 7042 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting 

‘‘$552,900,000’’ for the dollar amount in subsection (f)(1). 

(i) The third proviso of section 7034(s) of division F of Public 

Law 111–117 shall be applied to funds appropriated by this division 

by substituting ‘‘shall include, in a manner the Secretary determines 

appropriate,’’ for ‘‘should include’’. 

(j) Section 7070(i)(2) of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting 

‘‘health, education, and macroeconomic growth’’ for ‘‘macroeconomic 

growth’’. 

(k) Notwithstanding any other provision of this division, section 

7015(c) of division F of Public Law 111–117 shall not apply to 

Notification. 

Applicability. 

Applicability. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 184 PUBLIC LAW 112–10—APR. 15, 2011 

funds appropriated by this division under the headings ‘‘Complex 

Crises Fund’’ and ‘‘Migration and Refugee Assistance’’. 

(l) Section 7046(a) of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting 

‘‘$459,000,000’’ for ‘‘$521,880,000’’. 

(m) Not later than 90 days after enactment of this Act, and 

prior to the obligation of funds appropriated in this division under 

the headings ‘‘Administration of Foreign Affairs, Diplomatic and 

Consular Programs’’, ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Development Assistance’’, ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Economic 

Support Fund’’, and ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Assistance for Europe, Eurasia and Central 

Asia’’ for historic and cultural preservation projects, the Secretary 

of State, in consultation with the Administrator of the United 

States Agency for International Development (USAID), shall submit 

to the Committees on Appropriations a report detailing, by agency, 

account, purpose, and amount, all historic and cultural preservation 

projects supported in fiscal year 2010 and planned for fiscal year 

2011 by the Department of State and USAID. 

SEC. 2121. (a) Notwithstanding section 1101, the amounts 

included under the heading ‘‘Administration of Foreign Affairs, 

Office of Inspector General’’ in division F of Public Law 111–117 

shall be applied to funds appropriated by this division by substituting ‘‘$22,000,000’’ for ‘‘$23,000,000’’ for the Special Inspector 

General for Iraq Reconstruction, and ‘‘$24,000,000’’ for 

‘‘$23,000,000’’ for the Special Inspector General for Afghanistan 

Reconstruction. 

(b) The tenth proviso under the heading ‘‘Economic Support 

Fund’’ in division F of Public Law 111–117 shall be applied to 

funds appropriated by this division by substituting the following: 

‘‘Provided further, That funds appropriated or otherwise made available by this division for assistance for Afghanistan and Pakistan 

may not be made available for direct government-to-government 

assistance unless the Secretary of State certifies to the Committees 

on Appropriations that the relevant implementing agency has been 

assessed and considered qualified to manage such funds and the 

Government of the United States and the government of the 

recipient country have agreed, in writing, to clear and achievable 

goals and objectives for the use of such funds, and have established 

mechanisms within each implementing agency to ensure that such 

funds are used for the purposes for which they were intended:’’. 

(c) The second proviso under the heading ‘‘International Security Assistance, Department of State, Peacekeeping Operations’’ 

in division F of Public Law 111–117 shall be applied by substituting 

the following: ‘‘Provided further, That up to $55,918,000 may be 

used to pay assessed expenses of international peacekeeping activities in Somalia, except that up to an additional $35,000,000 may 

be made available for such purpose subject to prior consultation 

with, and the regular notification procedures of, the Committees 

on Appropriations:’’. 

(d) Section 7004 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by adding at 

the end the following new subsection: 

‘‘(d) For the purposes of calculating the fiscal year 2011 costs 

of providing new United States diplomatic facilities in accordance 

with section 604(e) of the Secure Embassy Construction and 

Determination. 

Applicability. 

Applicability. 

Notification. 

Afghanistan. 

Pakistan. 

Certification. 

Applicability. 

Deadline. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 185 

Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary 

of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and 

agency shares in a manner that is proportional to the Department 

of State’s contribution for this purpose.’’. 

(e) The second proviso in the second paragraph under the 

heading ‘‘International Security Assistance, Funds Appropriated to 

the President, Foreign Military Financing Program’’ in division 

F of Public Law 111–117 shall be applied to funds appropriated 

by this division by inserting ‘‘Bahrain, Yemen,’’ after ‘‘Nepal,’’. 

(f) Section 7034(n) of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by adding at 

the end before the period the following: ‘‘: Provided, That none 

of the funds appropriated or otherwise made available by this 

division or any other Act making appropriations for the Department 

of State, foreign operations, and related programs may be used 

to implement phase 3 of such authority’’. 

(g) Section 7034(m) of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by— 

(1) substituting ‘‘not less than $20,000,000’’ for 

‘‘$30,000,000’’ in paragraph (5); and 

(2) adding the following new paragraph at the end: 

‘‘(6) The level otherwise provided by this Act for ‘Related 

Agency, Broadcasting Board of Governors, International Broadcasting Operations’ is hereby increased by $10,000,000, to 

remain available until September 30, 2012, to expand unrestricted access to information on the Internet.’’. 

(h) Section 7042 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting 

the following for the proviso in subsection (d)(2): ‘‘: Provided, That 

funds may not be made available for obligation until the Secretary 

of State determines and reports to the Committees on Appropriations that such funds to be provided are in the national security 

interest of the United States and provides the Committees on 

Appropriations a detailed spending plan’’. 

(i) Section 7043 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting 

the following for subsection (b): 

‘‘(b) LIMITATION.—None of the funds appropriated or otherwise 

made available in this Act under the heading ‘Export-Import Bank 

of the United States’ may be used by the Export-Import Bank 

of the United States to provide any new financing (including loans, 

guarantees, other credits, insurance, and reinsurance) to any person 

that is subject to sanctions under paragraph (2) or (3) of section 

5(a) of the Iran Sanctions Act of 1996 (Public Law 104–172).’’. 

(j) For purposes of the amount made available by this division 

for ‘‘Export and Investment Assistance, Export-Import Bank of the 

United States, Administrative Expenses’’, project specific transaction costs, including direct and indirect costs incurred in claims 

settlements, and other costs for systems infrastructure directly 

supporting transactions, shall not be considered administrative 

expenses: Provided, That the Export-Import Bank of the United 

States may expend not more than $5,000,000 in fiscal year 2011 

for such transaction costs. 

(k) The first proviso under the heading ‘‘Department of the 

Treasury, Debt Restructuring’’ in division F of Public Law 111– 

Determination. 

Reports. 

Spending plan. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 186 PUBLIC LAW 112–10—APR. 15, 2011 

117 shall be applied to funds appropriated by this division by 

substituting ‘‘should’’ for ‘‘shall’’. 

(l) Section 7059 of division F of Public Law 111–117 shall 

be applied to funds appropriated by this division by substituting— 

(1) ‘‘should’’ for ‘‘may’’ in subsection (c); and 

(2) ‘‘65’’ for ‘‘30’’ the first place it appears in subsection 

(l). 

(m) The Foreign Operations, Export Financing, and Related 

Programs Appropriations Act, 1990 (Public Law 101–167) is 

amended— 

(1) in section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘and 2010’’ and 

inserting ‘‘2010, and 2011’’; and 

(B) in subsection (e), by striking ‘‘October 1, 2010’’ 

each place it appears and inserting ‘‘June 1, 2011’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2010’’ and inserting ‘‘2011’’. 

SEC. 2122. (a) IN GENERAL.—Subsections (b) through (d) of 

this section shall apply to funds appropriated by this division in 

lieu of section 7076 of division F of Public Law 111–117. 

(b) LIMITATION.—None of the funds appropriated or otherwise 

made available by this division under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ may be obligated for assistance for the Government of 

Afghanistan until the Secretary of State, in consultation with the 

Administrator of the United States Agency for International 

Development (USAID), certifies and reports to the Committees on 

Appropriations the following: 

(1) The Government of Afghanistan is— 

(A) demonstrating a commitment to reduce corruption 

and improve governance, including by investigating, prosecuting, and sanctioning or removing corrupt officials from 

office and to implement financial transparency and accountability measures for government institutions and officials 

(including the Central Bank); 

(B) taking significant steps to facilitate active public 

participation in governance and oversight; and 

(C) taking credible steps to protect the internationally 

recognized human rights of Afghan women. 

(2) There is a unified United States Government anticorruption strategy for Afghanistan. 

(3) Funds will be programmed to support and strengthen 

the capacity of Afghan public and private institutions and entities to reduce corruption and to improve transparency and 

accountability of national, provincial, and local governments, 

as outlined in the spending plan submitted to the Committees 

on Appropriations on October 26, 2010 (CN 10–298). 

(4) Representatives of Afghan national, provincial, or local 

governments, local communities, and civil society organizations, 

as appropriate, will be consulted and participate in the design 

of programs, projects, and activities, including participation 

in implementation and oversight, and the development of specific benchmarks to measure progress and outcomes. 

(5) Funds will be used to train and deploy additional United 

States Government direct-hire personnel to improve monitoring 

and control of assistance. 

Certification. 

Reports. 

Applicability. 

Afghanistan. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 187 

(6) A framework and methodology is being utilized to assess 

national, provincial, local, and sector level fiduciary risks 

relating to public financial management of United States 

Government assistance. 

(c) ASSISTANCE AND OPERATIONS.—(1) Funds appropriated by 

this division under the headings ‘‘Economic Support Fund’’ and 

‘‘International Narcotics Control and Law Enforcement’’ that are 

available for assistance for Afghanistan— 

(A) shall be made available, to the maximum extent 

practicable, in a manner that emphasizes the participation 

of Afghan women, and directly improves the security, economic and social well-being, and political status, and protects the rights of, Afghan women and girls and complies 

with sections 7062 and 7063 of division F of Public Law 

111–117, including support for the Afghan Independent 

Human Rights Commission, the Afghan Ministry of 

Women’s Affairs, and women-led nongovernmental 

organizations; 

(B) may be made available for a United States contribution to an internationally-managed fund to support the 

reconciliation with and disarmament, demobilization, and 

reintegration into Afghan society of, former combatants 

who have renounced violence against the Government of 

Afghanistan: Provided, That funds may be made available 

to support reconciliation and reintegration activities only 

if— 

(i) Afghan women are participating at national, 

provincial, and local levels of government in the design, 

policy formulation and implementation of the reconciliation or reintegration process, and such process 

upholds steps taken by the Government of Afghanistan 

to protect the internationally recognized human rights 

of Afghan women; and 

(ii) such funds will not be used to support any 

pardon or immunity from prosecution, or any position 

in the Government of Afghanistan or security forces, 

for any leader of an armed group responsible for crimes 

against humanity, war crimes, or other violations of 

internationally recognized human rights; 

(C) may be made available as a United States contribution to the Afghanistan Reconstruction Trust Fund (ARTF) 

unless the Secretary of State determines and reports to 

the Committees on Appropriations that the World Bank 

Monitoring Agent of the ARTF is unable to conduct its 

financial control and audit responsibilities due to restrictions on security personnel by the Government of Afghanistan; and 

(D) may be made available for a United States contribution to the North Atlantic Treaty Organization/International Security Assistance Force Post-Operations 

Humanitarian Relief Fund. 

(2) Funds appropriated under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law 

Enforcement’’ by this division that are available for assistance 

for Afghanistan that provide training for foreign police, judicial, 

and military personnel shall address, where appropriate, 

gender-based violence. 

Determination. 

Reports. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 188 PUBLIC LAW 112–10—APR. 15, 2011 

(3) The authority contained in section 1102(c) of Public 

Law 111–32 shall continue in effect during fiscal year 2011 

and shall apply as if included in this division. 

(4) The Coordinator for Rule of Law at the United States 

Embassy in Kabul, Afghanistan, shall be consulted on the 

use of all funds appropriated by this division for rule of law 

programs in Afghanistan. 

(5) None of the funds made available by this division may 

be used by the United States Government to enter into a 

permanent basing rights agreement between the United States 

and Afghanistan. 

(6) The Secretary of State, after consultation with the 

USAID Administrator, shall submit to the Committees on 

Appropriations not later than 45 days after enactment of this 

division, and prior to the initial obligation of funds for assistance for Afghanistan, a detailed spending plan for such assistance which shall include clear and achievable goals, benchmarks for measuring progress, and expected results: Provided, 

That such plan shall not be considered as meeting the notification requirements under section 7015 of division F of Public 

Law 111–117 or under section 634A of the Foreign Assistance 

Act of 1961. 

(d) OVERSIGHT.—(1) The Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department of 

State, and the Inspector General of the United States Agency for 

International Development, shall jointly develop and submit to the 

Committees on Appropriations within 45 days of enactment of this 

division a coordinated audit and inspection plan of United States 

assistance for, and civilian operations in, Afghanistan. 

(2) Of the funds appropriated by this division under the heading 

‘‘Economic Support Fund’’ for assistance for Afghanistan, $3,000,000 

shall be transferred to, and merged with, funds appropriated by 

this division under the heading ‘‘Administration of Foreign Affairs, 

Office of Inspector General’’, for increased oversight of programs 

in Afghanistan and shall be in addition to funds otherwise available 

for such purposes: Provided, That $1,500,000 shall be for the activities of the Special Inspector General for Afghanistan Reconstruction. 

(3) Of the funds appropriated by this division under the heading 

‘‘Economic Support Fund’’ for assistance for Afghanistan, $1,500,000 

shall be transferred to, and merged with, funds appropriated by 

this division under the heading ‘‘United States Agency for International Development, Funds Appropriated to the President, Office 

of Inspector General’’ for increased oversight of programs in 

Afghanistan and shall be in addition to funds otherwise available 

for such purposes. 

(e) MODIFICATION TO PRIOR PROVISIONS.—(1) Section 

1004(c)(1)(C) of Public Law 111–212 is amended to read as follows: 

‘‘(C) taking credible steps to protect the internationally 

recognized human rights of Afghan women.’’. 

(2) Section 1004(d)(1) of Public Law 111–212 is amended to 

read as follows: 

‘‘(1) Afghan women are participating at national, provincial, 

and local levels of government in the design, policy formulation, 

and implementation of the reconciliation or reintegration 

process, and such process upholds steps taken by the Government of Afghanistan to protect the internationally recognized 

human rights of Afghan women; and’’. 

124 Stat. 2326. 

124 Stat. 2326. 

Deadline. 

Audit. 

Inspection plan. 

Deadline. 

Spending plan. 

Contracts. 

Consultation. 

Extension. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 189 

(3) Section 1004(e)(1) of Public Law 111–212 is amended to 

read as follows: 

‘‘(1) based on information available to the Secretary, the 

Independent Electoral Commission has no members or other 

employees who participated in, or helped to cover up, acts 

of fraud in the 2009 presidential election in Afghanistan, and 

the Electoral Complaints Commission is a genuinely independent body with all the authorities that were invested in 

it under Afghan law as of December 31, 2009; and’’. 

SEC. 2123. (a) The first and second provisos under the heading 

‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Economic Support Fund’’ in division F of Public Law 111– 

117 shall be applied to funds appropriated by this division by 

substituting the following: ‘‘Provided, That of the funds appropriated 

under this heading, up to $250,000,000 shall be made available 

for assistance for Egypt for activities that support democratic elections, promote representative and accountable governance, protect 

human rights, strengthen civil society and the rule of law, reduce 

poverty, promote equitable economic development, and expand educational opportunities for disadvantaged Egyptian youth, including 

through scholarship programs: Provided further, That the Secretary 

of State shall submit a spending plan, including a comprehensive 

strategy to promote democracy and development, to the Committees 

on Appropriations for funds provided for Egypt under this heading: 

Provided further, That such plan shall not be considered as meeting 

the notification requirements under section 7015 of division F of 

Public Law 111–117 or under section 634A of the Foreign Assistance 

Act of 1961: Provided further, That such funds shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this 

heading shall be made available to support democratic transitions 

in the Middle East and North Africa, including assistance for civil 

society organizations and the development of democratic political 

parties:’’. 

(b) Not later than 45 days after enactment of this Act, the 

Secretary of State shall submit to the Committees on Appropriations 

a report on Egypt detailing whether— 

(1) a transparent, political transition is occurring that 

includes the participation of a wide range of democratic opposition and civil society leaders and is responsive to their views; 

(2) the emergency law and other laws restricting human 

rights have been abrogated; protesters, political and social activists and journalists are not being arrested, detained or prosecuted for the peaceful exercise of their rights; and the government is respecting freedoms of expression, assembly and 

association; and 

(3) legal and constitutional impediments to free and fair 

presidential and parliamentary elections are being removed. 

SEC. 2124. Notwithstanding section 1101, the level for ‘‘Multilateral Assistance, International Financial Institutions, Contribution to the Global Agriculture and Food Security Program’’, shall 

be $100,000,000 for payment to the Global Agriculture and Food 

Security Program by the Secretary of the Treasury, to remain 

available until expended. 

SEC. 2125. None of the funds made available in this division 

for the United Nations Capital Master Plan may be used for the 

Deadline. 

Reports. 

Spending plan. 

Applicability. 

124 Stat. 2326. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 190 PUBLIC LAW 112–10—APR. 15, 2011 

design, renovation, or construction of the United Nations Headquarters in New York in excess of the agreed upon assessments 

of the United States pursuant to paragraph 10 of United Nations 

General Assembly Resolution 61/251. 

SEC. 2126. (a) CONTRIBUTION TO THE ASIAN DEVELOPMENT

BANK.—In addition to amounts otherwise made available by this division, $106,586,000, to remain available until expended, is appropriated for payment to the Asian Development Bank by the Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock. 

(b) LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS.—The 

United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion 

of the United States share of such capital stock in an amount 

not to exceed $2,558,048,769. 

(c) REPORTING ON REFORMS.—Funds shall not be made available 

for a United States contribution to the Asian Development Bank 

(ADB) until the Secretary of the Treasury reports to the Committees 

on Appropriations that the ADB is making substantial progress 

toward the following policy goals— 

(1) implementing procurement guidelines that maximize 

international competitive bidding in accordance with sound 

procurement practices, including transparency, competition, 

and cost-effective results for Borrowers; 

(2) providing greater public disclosure of loan documents, 

with particular attention to persons affected by ADB projects; 

(3) implementing best practices in domestic laws and international conventions against corruption for whistleblower and 

witness disclosures, and protections against retaliation for 

internal and lawful public disclosures by ADB employees and 

others affected by ADB operations who report illegality or other 

misconduct that could threaten the ADB’s mission, including 

best practices for legal burdens of proof; access to independent 

adjudicative bodies; and results that eliminate the effects of 

proven retaliation; 

(4) ensuring that the Investigations Office, Auditor General 

Office, and Evaluation Office are functionally independent, free 

from interference when determining the scope of investigations 

and audits, performing work and communicating results, and 

regularly report to the ADB’s board of directors and, as appropriate and in a manner consistent with such functional 

independence of the Investigations Office and the Auditor General Office, to the ADB President; 

(5) requiring that each candidate for adjustment or budget 

support loans provide an assessment of reforms to budgetary 

and procurement processes to encourage transparency, 

including budget publication and public scrutiny, prior to loan 

or grant approval; 

(6) ensuring that the ADB’s Accountability Mechanism provides transparency and protects local residents affected by ADB 

projects; and 

(7) making publicly available external and internal 

performance and financial audits of ADB projects on the ADB’s 

website. 

(d) REPORT DATES.—Not later than 180 days after enactment 

of this Act, and every 6 months thereafter until September 30, 

2013, the Secretary of the Treasury shall submit to the Committees 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 191 

on Appropriations a report detailing the extent to which the ADB 

has made progress on each policy goal listed in subsection (c). 

(e) AMENDMENT.—The Asian Development Bank Act (22 U.S.C. 

285 et seq.), is amended by adding at the end the following: 

‘‘SEC. 33. NINTH REPLENISHMENT. 

‘‘(a) The United States Governor of the Bank is authorized 

to contribute, on behalf of the United States, $461,000,000 to the 

ninth replenishment of the resources of the Fund, subject to 

obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $461,000,000 for payment by the Secretary 

of the Treasury. 

‘‘SEC. 34. FIFTH CAPITAL INCREASE. 

‘‘(a) SUBSCRIPTION AUTHORIZED.— ‘‘(1) The United States Governor of the Bank may subscribe 

on behalf of the United States to 1,104,420 additional shares 

of the capital stock of the Bank. 

‘‘(2) Any subscription by the United States to capital stock 

of the Bank shall be effective only to such extent or in such 

amounts as are provided in advance in appropriations Acts. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) In order to pay for the increase in the United States 

subscription to the Bank provided for in subsection (a), there 

are authorized to be appropriated, without fiscal year limitation, $13,323,173,083, for payment by the Secretary of the 

Treasury. 

‘‘(2) Of the amount authorized to be appropriated under 

paragraph (1)— 

‘‘(A) $532,929,240 is authorized to be appropriated for 

paid-in shares of the Bank; and 

‘‘(B) $12,790,243,843 is authorized to be appropriated 

for callable shares of the Bank, for payment by the Secretary of the Treasury.’’. 

TITLE XII—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES 

SEC. 2201. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Office of the Secretary, Transportation 

Planning, Research, and Development’’ shall be $9,819,000. 

SEC. 2202. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Office of the Secretary, National Infrastructure Investments’’ shall be $528,000,000: Provided, That the 

amounts included under such heading in division A of Public Law 

111–117 shall be applied to funds appropriated by this division 

by substituting ‘‘$0’’ for ‘‘$35,000,000’’. 

SEC. 2203. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Aviation Administration, Operations’’ shall be $9,533,028,000, of which $4,559,000,000 shall be 

derived from the Airport and Airway Trust Fund, of which not 

less than $7,473,299,000 shall be for air traffic organization activities and not less than $1,253,020,000 shall be for aviation safety 

activities. 

SEC. 2204. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Aviation Administration, Facilities 

Applicability. 

22 USC 285ee. 

22 USC 285dd. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 192 PUBLIC LAW 112–10—APR. 15, 2011 

and Equipment’’ shall be $2,736,203,000, of which $2,226,203,000 

shall remain available through September 30, 2013, and of which 

$470,000,000 shall remain available through September 30, 2011. 

SEC. 2205. Notwithstanding section 1101, the amounts included 

under the heading ‘‘Department of Transportation, Federal Aviation 

Administration, Grants-in-Aid for Airports, Liquidation of Contract 

Authorization’’ in division A of Public Law 111–117 shall be applied 

to funds appropriated by this division by substituting 

‘‘$3,550,000,000’’ for ‘‘$3,000,000,000’’. 

SEC. 2206. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Aviation Administration, Research, 

Engineering, and Development’’ shall be $170,000,000. 

SEC. 2207. Of the unobligated balances of funds apportioned 

to each State under chapter 1 of title 23, United States Code, 

$2,500,000,000 are permanently rescinded: Provided, That such 

rescission shall not apply to the funds distributed in accordance 

with sections 130(f) and 104(b)(5) of title 23, United States Code; 

sections 133(d)(1) and 163 of such title, as in effect on the day 

before the date of enactment of Public Law 109–59; and the first 

sentence of section 133(d)(3)(A) of such title: Provided further, That 

notwithstanding section 1132 of Public Law 110–140, in administering the rescission required under this heading, the Secretary 

of Transportation shall allow each State to determine the amount 

of the required rescission to be drawn from the programs to which 

the rescission applies. 

SEC. 2208. Notwithstanding section 1101, no funds made available by this division shall be for activities described in section 

122 of title I of division A of Public Law 111–117. 

SEC. 2209. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Highway Administration, Surface 

Transportation Priorities’’ shall be $0. 

SEC. 2210. Unobligated balances of funds made available for 

obligation under section 320 of title 23, United States Code, section 

147 of Public Law 95–599, section 9(c) of Public Law 97–134, 

section 149 of Public Law 100–17, and sections 1006, 1069, 1103, 

1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of Public 

Law 102–240 are permanently rescinded. 

SEC. 2211. The unobligated balance available on September 

30, 2011, under section 1602 of the Transportation Equity Act 

for the 21st Century (Public Law 105–178) for each project for 

which less than 10 percent of the amount authorized for such 

project under such section has been obligated is permanently 

rescinded. 

SEC. 2212. Of the amounts authorized for fiscal years 2005 

through 2009 in section 1101(a)(16) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users 

(Public Law 109–59) to carry out the high priority projects program 

under section 117 of title 23, United States Code, that are not 

allocated for projects described in section 1702 of such Act, 

$8,190,335 are permanently rescinded. 

SEC. 2213. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Motor Carrier Safety Administration, Motor Carrier Safety Operations and Programs, (Liquidation 

of Contract Authorization), (Limitation on Obligations), (Highway 

Trust Fund)’’ shall be $245,000,000. 

SEC. 2214. Of the amount made available for ‘‘Department 

of Transportation, Motor Carrier Safety Grants, (Liquidation of 

Audits. 

Rescissions. 

Rescission. 

Rescissions. 

States. 

Determination. 

Rescissions. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 193 

Contract Authorization), (Limitation on Obligations), (Highway 

Trust Fund)’’ for the commercial driver’s license information system 

modernization program, $3,000,000 shall be made available for 

audits of new entrant motor carriers to carry out section 4107(b) 

of Public Law 109–59, and 31104(a) of title 49, United States 

Code, and $5,000,000 shall be made available for the commercial 

driver’s license improvements program to carry out section 31313 

of title 49, United States Code. 

SEC. 2215. Of the unobligated amounts available for Safety 

Belt Performance Grants under section 406 of title 23, United 

States Code, $76,000,000 are permanently rescinded. 

SEC. 2216. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Railroad Administration, Railroad 

Safety Technology Program’’ shall be $0. 

SEC. 2217. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Railroad Administration, Safety 

and Operations’’ shall be $176,950,000. 

SEC. 2218. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Railroad Administration, Railroad 

Research and Development’’ shall be $35,100,000. 

SEC. 2219. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Railroad Administration, Rail Line 

Relocation and Improvement Program’’ shall be $10,532,000. 

SEC. 2220. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Railroad Administration, Capital 

and Debt Service Grants to the National Railroad Passenger Corporation’’ shall be $923,625,000. 

SEC. 2221. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Railroad Administration, Capital 

Assistance for High Speed Rail Corridors and Intercity Passenger 

Rail Service’’ shall be $0. 

SEC. 2222. Of the prior year unobligated balances available 

for ‘‘Department of Transportation, Federal Railroad Administration, Capital Assistance for High Speed Rail Corridors and Intercity 

Passenger Rail Service’’, $400,000,000 is rescinded. 

SEC. 2223. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Transit Administration, Grants 

for Energy Efficiency and Greenhouse Gas Reductions’’ shall be 

$50,000,000. 

SEC. 2224. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Transit Administration, Capital 

Investment Grants’’ shall be $1,600,000,000. 

SEC. 2225. Of the funds made available for ‘‘Department of 

Transportation, Federal Transit Administration, Capital Investment 

Grants’’ in division A of Public Law 111–117, $280,000,000 is 

rescinded. 

SEC. 2226. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Federal Transit Administration, Research 

and University Research Centers’’ shall be $59,000,000. 

SEC. 2227. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Maritime Administration, Operations and 

Training’’ shall be $151,750,000, of which $11,240,000 shall remain 

available until expended for maintenance and repair of training 

ships at State Maritime Academies; $15,000,000 shall remain available until expended for capital improvements at the United States 

Merchant Marine Academy; and $59,057,000 shall be available 

for operations at the United States Merchant Marine Academy: 

Rescission. 

Rescission. 

Rescission. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 194 PUBLIC LAW 112–10—APR. 15, 2011 

Provided, That of the funds made available under such heading 

in division A of Public Law 111–117, up to $6,000,000 may be 

used for the reimbursement of overcharged midshipmen fees for 

academic years 2003–2004 through 2008–2009, to remain available 

until expended: Provided further, That the reimbursement decisions 

of the Secretary pursuant to the previous proviso shall be final 

and conclusive: Provided further, That of the funds made available 

under such heading by this division, $1,000,000 shall be for the 

information technology requirements of Public Law 111–207, to 

be available until expended. 

SEC. 2228. Notwithstanding section 1101, the level for ‘‘Department of Transportation, Maritime Administration, Assistance to 

Small Shipyards’’ shall be $10,000,000. 

SEC. 2229. Notwithstanding section 1101, the level for each 

of the following accounts under the heading ‘‘Department of 

Transportation, Pipeline and Hazardous Materials Safety Administration’’ shall be as follows: ‘‘Operational Expenses, (Pipeline Safety 

Fund)’’, $21,496,000; ‘‘Hazardous Materials Safety’’, $39,098,000, 

of which $1,699,000 shall remain available until September 30, 

2013; and ‘‘Pipeline Safety (Pipeline Safety Fund) (Oil Spill Liability 

Trust Fund)’’, $106,919,000, of which $18,905,000 shall be derived 

from the Oil Spill Liability Trust Fund and shall remain available 

until September 30, 2013, and of which $88,014,000 shall be derived 

from the Pipeline Safety Fund, of which $47,332,000 shall remain 

available until September 30, 2013. 

SEC. 2230. Notwithstanding section 1101, section 186 of title 

I of division A of Public Law 111–117 shall not apply in fiscal 

year 2011. 

SEC. 2231. Notwithstanding section 1101, none of the funds 

made available by this division shall be available for activities 

described in section 195 of title I of division A of Public Law 

111–117. 

SEC. 2232. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Management and 

Administration, Administration, Operations and Management’’ shall 

be $525,040,000: Provided, That the Secretary shall adjust other 

amounts specified under this heading to stay within the level provided under this section. 

SEC. 2233. Notwithstanding section 1101, section 231 of title 

II of division A of Public Law 111–117 (123 Stat. 3105) is amended 

to read as follows: ‘‘The Secretary of Housing and Urban Development is authorized to transfer up to 5 percent or $5,000,000, whichever is less, of the funds made available for personnel or nonpersonnel expenses under any account under this title under the general heading ‘Personnel Compensation and Benefits’, or under any 

set-aside within the accounts under the headings ‘Executive Direction’ and ‘Administration, Operations and Management’, to any 

other such account or set-aside: Provided, That no appropriation 

for personnel or non-personnel expenses in any such account or 

set-aside shall be increased or decreased by more than 5 percent 

or $5,000,000, whichever is less, without prior written approval 

of the House and Senate Committees on Appropriations.’’. 

SEC. 2234. Notwithstanding section 1101, the level for each 

of the following accounts under the heading ‘‘Department of Housing 

and Urban Development, Personnel Compensation and Benefits’’ 

shall be as follows: ‘‘Public and Indian Housing’’, $189,074,000; 

Approval. 

Transfer 

authority. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 195 

‘‘Community Planning and Development’’, $96,989,000; ‘‘Housing’’, 

$381,887,000; and ‘‘Policy Development and Research’’, $19,138,000. 

SEC. 2235. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Public and Indian 

Housing, Tenant-Based Rental Assistance’’ shall be $14,407,688,000, 

to remain available until expended, which shall be available on 

October 1, 2010 (in addition to the $4,000,000,000 previously appropriated under such heading that became available on October 1, 

2010), and, notwithstanding section 1118, an additional 

$4,000,000,000, to remain available until expended, shall be available on October 1, 2011: Provided, That of the amounts available 

for such heading, $16,702,688,000 shall be for activities specified 

in paragraph (1) under such heading of title II of division A of 

Public Law 111–117; $110,000,000 shall be for activities specified 

in paragraph (2) under such heading in such Public Law; 

$1,450,000,000 shall be for activities specified in paragraph (3) 

under such heading in such Public Law, of which $1,400,000,000 

shall be allocated as provided in the first proviso of such paragraph 

(3); and $50,000,000 shall be for activities specified in paragraph 

(6) under such heading in such Public Law: Provided further, That 

paragraph (5) under such heading in such Public Law is amended 

by striking ‘‘$15,000,000’’ and all that follows through the end 

of such paragraph and inserting ‘‘$35,000,000 for amendment and 

renewal of tenant-based assistance contracts under section 811 

of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 8013), including necessary administrative expenses;’’. 

SEC. 2236. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Public and Indian 

Housing, Public Housing Operating Fund’’ shall be $4,626,000,000. 

SEC. 2237. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Public and Indian 

Housing, Revitalization of Severely Distressed Public Housing 

(HOPE VI)’’ shall be $100,000,000. 

SEC. 2238. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Public and Indian 

Housing, Public Housing Capital Fund’’ shall be $2,044,200,000. 

SEC. 2239. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Public and Indian 

Housing, Native American Housing Block Grants’’ shall be 

$650,000,000. 

SEC. 2240. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Community Planning 

and Development, Community Development Fund’’ shall be 

$3,508,000,000, of which $3,343,000,000 shall be for carrying out 

the community development block grant program under title I of 

the Housing and Community Development Act of 1974 (42 U.S.C. 

5301 et seq.): Provided, That none of the funds made available 

under such heading by this division may be used for grants for 

the Economic Development Initiative or Neighborhood Initiatives 

activities, Rural Innovation Fund, or for grants pursuant to section 

107 of the Housing and Community Development Act of 1974 (42 

U.S.C. 5307): Provided further, That of the amounts made available 

under such heading by this division, $100,000,000 shall be for 

a Sustainable Communities Initiative, of which $70,000,000 shall 

be for Regional Integrated Planning Grants and $30,000,000 shall 

be for Community Challenge Planning Grants: Provided further, 

Grants. 

123 Stat. 3078. 

Contracts. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 196 PUBLIC LAW 112–10—APR. 15, 2011 

That of such amount made available for Regional Integrated Planning Grants, $17,500,000 shall be for activities specified in the 

second proviso of the last paragraph under such heading in title 

II of division A of Public Law 111–117 and 0 shall be for activities 

specified in the sixth proviso of such paragraph. 

SEC. 2241. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Community Planning 

and Development, Homeless Assistance Grants’’ shall be 

$1,905,000,000, of which at least $225,000,000 shall be for the 

Emergency Solutions Grant program. 

SEC. 2242. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Community Planning 

and Development, HOME Investment Partnerships Program’’ shall 

be $1,610,000,000. 

SEC. 2243. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Community Planning 

and Development, Brownfields Redevelopment’’ shall be $0. 

SEC. 2244. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Housing Programs, 

Project-Based Rental Assistance’’ shall be $8,882,328,000, to remain 

available until expended, which shall be available on October 1, 

2010 (in addition to $393,672,000 previously appropriated under 

such heading that became available on October 1, 2010), and, notwithstanding section 1118, an additional $400,000,000, to remain 

available until expended, shall be available on October 1, 2011: 

Provided, That of the amounts available for such heading, 

$8,950,000,000 shall be for activities specified in paragraph (1) 

under such heading of title II of division A of Public Law 111– 

117 and $326,000,000 shall be available for activities specified 

in paragraph (2) under such heading of such Public Law. 

SEC. 2245. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Housing Programs, 

Housing Counseling Assistance’’ shall be $0. 

SEC. 2246. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Housing Programs, 

Housing for the Elderly’’ shall be $400,000,000: Provided, That 

of such amounts, up to $100,000,000 shall be available for capital 

advance and project-based rental assistance awards, and none of 

such amounts shall be available for activities specified in the third 

proviso under such heading in title II of division A of Public Law 

111–117. 

SEC. 2247. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Housing Programs, 

Housing for Persons with Disabilities’’ shall be $150,000,000, of 

which up to $50,000,000 shall be for capital advances and projectbased rental assistance contracts and up to $32,000,000 shall be 

available for amendments or renewal of tenant-based assistance 

contracts entered into prior to fiscal year 2007. 

SEC. 2248. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Housing Programs, 

Energy Innovation Fund’’ shall be $0. 

SEC. 2249. The heading ‘‘Department of Housing and Urban 

Development, Housing Programs, Other Assisted Housing Programs, Rental Housing Assistance’’ shall be applied by also being 

available for extensions of up to one year for expiring contracts 

under such sections of law. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 197 

SEC. 2250. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Housing Programs, Rent 

Supplement (Rescission)’’ shall be $40,600,000. 

SEC. 2251. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Federal Housing 

Administration, Mutual Mortgage Insurance Program Account’’ for 

administrative contract expenses shall be $207,000,000. 

SEC. 2252. The first proviso in the first paragraph under the 

heading ‘‘Department of Housing and Urban Development, Federal 

Housing Administration, General and Special Risk Program 

Account’’ in division A of Public Law 111–117 shall be applied 

in fiscal year 2011 by substituting ‘‘$20,000,000,000’’ for 

‘‘$15,000,000,000’’. 

SEC. 2253. Notwithstanding section 1101, the level for ‘‘Department of Housing and Urban Development, Office of Lead Hazard 

Control and Healthy Homes, Lead Hazard Reduction’’ shall be 

$120,000,000. 

SEC. 2254. Notwithstanding section 1101, the level under the 

heading ‘‘Related Agencies, United States Interagency Council on 

Homelessness, Operating Expenses’’ shall be $2,680,000. 

SEC. 2255. Section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is amended by striking all that follows 

‘‘on’’ and inserting ‘‘October 1, 2013.’’. 

SEC. 2256. The first proviso under the heading ‘‘Housing for 

the Elderly’’ and under the heading ‘‘Housing for Persons with 

Disabilities’’ in division A of Public Law 111–117 are each amended 

to read as follows: ‘‘Provided, That amounts obligated for initial 

project rental assistance contracts from amounts appropriated in 

fiscal year 2003 and thereafter shall remain available for the purpose of paying such obligations incurred prior to the expiration 

of such amounts for a 10 year period following such expiration:’’. 

SEC. 2257. The amounts provided by section 1101 for ‘‘Department of Housing and Urban Development, Housing Programs, 

Housing for Persons with Disabilities’’ shall, in addition to use 

as provided under such heading in title II of division A of Public 

Law 111–117, be available for project assistance contracts pursuant 

to section 202(h) of the Housing Act of 1959 (12 U.S.C. 1701q). 

SEC. 2258. Notwithstanding section 1101, the level under the 

heading ‘‘Department of Housing and Urban Development, Management and Administration, Transformation Initiative’’ for combating 

mortgage fraud shall be $0. 

SEC. 2259. The heading ‘‘Department of Housing and Urban 

Development, Management and Administration, Transformation 

Initiative’’ in title II of division A of Public Law 111–117 is amended 

by striking the second paragraph and inserting the following: ‘‘For 

necessary expenses of information technology modernization, 

including development and deployment of a Next Generation of 

Voucher Management System and development and deployment 

of modernized Federal Housing Administration systems, 

$71,000,000, to remain available until September 30, 2013: Provided, That not more than 35 percent of the funds made available 

for information technology modernization may be obligated until 

the Secretary submits to the Committees on Appropriations a plan 

for expenditure that: (1) identifies for each modernization project: 

(A) the functional and performance capabilities to be delivered 

and the mission benefits to be realized; (B) the estimated lifecycle 

cost; and (C) key milestones to be met; (2) demonstrates that 

Expenditure 

plan. 

Time period. 

12 USC 1701g 

note; 42 USC 

8013 note. 

Applicability. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 198 PUBLIC LAW 112–10—APR. 15, 2011 

each modernization project is: (A) compliant with the Department’s 

enterprise architecture; (B) being managed in accordance with 

applicable lifecycle management policies and guidance; (C) subject 

to the Department’s capital planning and investment control 

requirements; and (D) supported by an adequately staffed project 

office; and (3) has been reviewed by the Government Accountability 

Office. In addition, of the amounts made available in this division 

under each of the following headings under this title, the Secretary 

may transfer to, and merge with, this account up to 1 percent 

from each such account, and such transferred amounts shall be 

available until September 30, 2013, for: (1) research, evaluation, 

and program metrics; (2) program demonstrations; (3) technical 

assistance and capacity building; and (4) information technology: 

‘Revitalization of Severely Distressed Public Housing’, ‘Section 108 

Loan Guarantees’, ‘Housing Opportunities for Persons With AIDS’, 

‘Community Development Fund’, ‘HOME Investment Partnerships 

Program’, ‘Self-Help and Assisted Homeownership Opportunity Program’, ‘Housing for the Elderly’, ‘Housing for Persons With Disabilities’, ‘Payment to Manufactured Housing Fees Trust Fund’, ‘Mutual 

Mortgage Insurance Program Account’, ‘General and Special Risk 

Program Account’, ‘Research and Technology’, ‘Lead Hazard Reduction’, ‘Rental Housing Assistance’, and ‘Fair Housing Activities’: 

Provided further, That of the amounts made available under this 

heading, not less than $45,000,000 shall be available for technical 

assistance and capacity building: Provided further, That technical 

assistance activities shall include, technical assistance for HUD 

programs, including HOME, Community Development Block Grant, 

homeless programs, HOPWA, HOPE VI, Public Housing, the 

Housing Choice Voucher Program, Fair Housing Initiative Program, 

Housing Counseling, Healthy Homes, Sustainable Communities, 

Energy Innovation Fund and other technical assistance as determined by the Secretary: Provided further, That any amounts available for research, evaluation, and program metrics and program 

demonstrations shall be used to complete ongoing projects, evaluations, and assessments: Provided further, That the Secretary shall 

submit a plan to the House and Senate Committees on Appropriations for approval detailing how the funding provided under this 

section will be allocated to each of the four categories identified 

under this section and for what projects or activities funding will 

be used: Provided further, That following the initial approval of 

this plan, the Secretary may amend the plan with the approval 

of the House and Senate Committees on Appropriations.’’. 

SEC. 2260. Notwithstanding section 1101, the level for ‘‘National 

Railroad Passenger Corporation, Office of Inspector General, Salaries and Expenses’’ shall be $19,350,000. 

SEC. 2261. No rescission made in this title shall apply to 

any amount previously designated by the Congress as an emergency 

requirement pursuant to a concurrent resolution on the budget 

or the Balanced Budget and Emergency Deficit Control Act of 

1985. 

SEC. 2262. None of the funds made available by this division 

may be used to pay the salaries and expenses for the following 

positions: 

(1) Director, White House Office of Health Reform. 

(2) Assistant to the President for Energy and Climate 

Change. 

Salaries. 

Applicability. 

Plans. 

Transfer 

authority. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 199 

(3) Senior Advisor to the Secretary of the Treasury assigned 

to the Presidential Task Force on the Auto Industry and Senior 

Counselor for Manufacturing Policy. 

(4) White House Director of Urban Affairs. 

This division may be cited as the ‘‘Full-Year Continuing Appropriations Act, 2011’’. 

DIVISION C—SCHOLARSHIPS FOR 

OPPORTUNITY AND RESULTS ACT 

SEC. 3001. SHORT TITLE. 

This division may be cited as the ‘‘Scholarships for Opportunity 

and Results Act’’ or the ‘‘SOAR Act’’. 

SEC. 3002. FINDINGS. 

Congress finds the following: 

(1) Parents are best equipped to make decisions for their 

children, including the educational setting that will best serve 

the interests and educational needs of their child. 

(2) For many parents in the District of Columbia, public 

school choice provided under the Elementary and Secondary 

Education Act of 1965, as well as under other public school 

choice programs, is inadequate. More educational options are 

needed to ensure all families in the District of Columbia have 

access to a quality education. In particular, funds are needed 

to provide low-income parents with enhanced public opportunities and private educational environments, regardless of 

whether such environments are secular or nonsecular. 

(3) While the per student cost for students in the public 

schools of the District of Columbia is one of the highest in 

the United States, test scores for such students continue to 

be among the lowest in the Nation. The National Assessment 

of Educational Progress (NAEP), an annual report released 

by the National Center for Education Statistics, reported in 

its 2009 study that students in the District of Columbia were 

being outperformed by every State in the Nation. On the 2009 

NAEP, 56 percent of fourth grade students scored ‘‘below basic’’ 

in reading, and 44 percent scored ‘‘below basic’’ in mathematics. 

Among eighth grade students, 49 percent scored ‘‘below basic’’ 

in reading and 60 percent scored ‘‘below basic’’ in mathematics. 

On the 2009 NAEP reading assessment, only 17 percent of 

the District of Columbia fourth grade students could read proficiently, while only 13 percent of the eighth grade students 

scored at the proficient or advanced level. 

(4) In 2003, Congress passed the DC School Choice Incentive Act of 2003 (Public Law 108–199; 118 Stat. 126), to provide 

opportunity scholarships to parents of students in the District 

of Columbia to enable them to pursue a high-quality education 

at a public or private elementary or secondary school of their 

choice. The DC Opportunity Scholarship Program (DC OSP) 

under such Act was part of a comprehensive 3-part funding 

arrangement that also included additional funds for the District 

of Columbia public schools, and additional funds for public 

charter schools of the District of Columbia. The intent of the 

approach was to ensure that progress would continue to be 

made to improve public schools and public charter schools, 

Scholarships for 

Opportunity and 

Results Act. 

District of 

Columbia. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 200 PUBLIC LAW 112–10—APR. 15, 2011 

and that funding for the opportunity scholarship program would 

not lead to a reduction in funding for the District of Columbia 

public and charter schools. Resources would be available for 

a variety of educational options that would give families in 

the District of Columbia a range of choices with regard to 

the education of their children. 

(5) The DC OSP was established in accordance with the 

Supreme Court decision, Zelman v. Simmons-Harris, 536 U.S. 

639 (2002), which found that a program enacted for the valid 

secular purpose of providing educational assistance to lowincome children in a demonstrably failing public school system 

is constitutional if it is neutral with respect to religion and 

provides assistance to a broad class of citizens who direct 

government aid to religious and secular schools solely as a 

result of their genuine and independent private choices. 

(6) Since the inception of the DC OSP, it has consistently 

been oversubscribed. Parents express strong support for the 

opportunity scholarship program. Rigorous studies of the program by the Institute of Education Sciences have shown significant improvements in parental satisfaction and in reading 

scores that are more dramatic when only those students consistently using the scholarships are considered. The program also 

was found to result in significantly higher graduation rates 

for DC OSP students. 

(7) The DC OSP is a program that offers families in need, 

in the District of Columbia, important alternatives while public 

schools are improved. This program should be reauthorized 

as 1 of a 3-part comprehensive funding strategy for the District 

of Columbia school system that provides new and equal funding 

for public schools, public charter schools, and opportunity scholarships for students to attend private schools. 

SEC. 3003. PURPOSE. 

The purpose of this division is to provide low-income parents 

residing in the District of Columbia, particularly parents of students 

who attend elementary schools or secondary schools identified for 

improvement, corrective action, or restructuring under section 1116 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6316), with expanded opportunities for enrolling their children in 

other schools in the District of Columbia, at least until the public 

schools in the District of Columbia have adequately addressed shortfalls in health, safety, and security, and the students in the District 

of Columbia public schools are testing in mathematics and reading 

at or above the national average. 

SEC. 3004. GENERAL AUTHORITY. 

(a) OPPORTUNITY SCHOLARSHIPS.— 

(1) IN GENERAL.—From funds appropriated under section 

3014(a)(1), the Secretary shall award grants on a competitive 

basis to eligible entities with approved applications under section 3005 to carry out a program to provide eligible students 

with expanded school choice opportunities. The Secretary may 

award a single grant or multiple grants, depending on the 

quality of applications submitted and the priorities of this division. 

(2) DURATION OF GRANTS.—The Secretary may make grants 

under this subsection for a period of not more than 5 years. 

Grants. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 201 

(b) DC PUBLIC SCHOOLS AND CHARTER SCHOOLS.—From funds 

appropriated under paragraphs (2) and (3) of section 3014(a), the 

Secretary shall provide funds to the Mayor of the District of 

Columbia, if the Mayor agrees to the requirements described in 

section 3011(a), for— 

(1) the District of Columbia public schools to improve public 

education in the District of Columbia; and 

(2) the District of Columbia public charter schools to 

improve and expand quality public charter schools in the District of Columbia. 

SEC. 3005. APPLICATIONS. 

(a) IN GENERAL.—In order to receive a grant under section 

3004(a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

(b) CONTENTS.—The Secretary may not approve the request 

of an eligible entity for a grant under section 3004(a) unless the 

entity’s application includes— 

(1) a detailed description of— 

(A) how the entity will address the priorities described 

in section 3006; 

(B) how the entity will ensure that if more eligible 

students seek admission in the program of the entity than 

the program can accommodate, eligible students are 

selected for admission through a random selection process 

which gives weight to the priorities described in section 

3006; 

(C) how the entity will ensure that if more participating 

eligible students seek admission to a participating school 

than the school can accommodate, participating eligible 

students are selected for admission through a random selection process; 

(D) how the entity will notify parents of eligible students of the expanded choice opportunities in order to 

allow the parents to make informed decisions; 

(E) the activities that the entity will carry out to provide parents of eligible students with expanded choice 

opportunities through the awarding of scholarships under 

section 3007(a); 

(F) how the entity will determine the amount that 

will be provided to parents under section 3007(a)(2) for 

the payment of tuition, fees, and transportation expenses, 

if any; 

(G) how the entity will seek out private elementary 

schools and secondary schools in the District of Columbia 

to participate in the program; 

(H) how the entity will ensure that each participating 

school will meet the reporting and other program requirements under this division; 

(I) how the entity will ensure that participating schools 

submit to site visits by the entity as determined to be 

necessary by the entity, except that a participating school 

may not be required to submit to more than 1 site visit 

per school year; 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 202 PUBLIC LAW 112–10—APR. 15, 2011 

(J) how the entity will ensure that participating schools 

are financially responsible and will use the funds received 

under section 3007 effectively; 

(K) how the entity will address the renewal of scholarships to participating eligible students, including continued 

eligibility; and 

(L) how the entity will ensure that a majority of its 

voting board members or governing organization are residents of the District of Columbia; and 

(2) an assurance that the entity will comply with all 

requests regarding any evaluation carried out under section 

3009(a). 

SEC. 3006. PRIORITIES. 

In awarding grants under section 3004(a), the Secretary shall 

give priority to applications from eligible entities that will most 

effectively— 

(1) in awarding scholarships under section 3007(a), give 

priority to— 

(A) eligible students who, in the school year preceding 

the school year for which the eligible students are seeking 

a scholarship, attended an elementary school or secondary 

school identified for improvement, corrective action, or 

restructuring under section 1116 of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6316); 

(B) students who have been awarded a scholarship 

in a preceding year under this division or the DC School 

Choice Incentive Act of 2003 (sec. 38–1851.01 et seq., D.C. 

Official Code), as such Act was in effect on the day before 

the date of the enactment of this division, but who have 

not used the scholarship, including eligible students who 

were provided notification of selection for a scholarship 

for school year 2009–2010, which was later rescinded in 

accordance with direction from the Secretary of Education; 

and 

(C) students whose household includes a sibling or 

other child who is already participating in the program 

of the eligible entity under this division, regardless of 

whether such students have, in the past, been assigned 

as members of a control study group for the purposes 

of an evaluation under section 3009(a); 

(2) target resources to students and families that lack 

the financial resources to take advantage of available educational options; and 

(3) provide students and families with the widest range 

of educational options. 

SEC. 3007. USE OF FUNDS. 

(a) OPPORTUNITY SCHOLARSHIPS.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), an 

eligible entity receiving a grant under section 3004(a) shall 

use the grant funds to provide eligible students with scholarships to pay the tuition, fees, and transportation expenses, 

if any, to enable the eligible students to attend the District 

of Columbia private elementary school or secondary school of 

their choice beginning in school year 2011–2012. Each such 

eligible entity shall ensure that the amount of any tuition 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 203 

or fees charged by a school participating in such entity’s program under this division to an eligible student participating 

in the program does not exceed the amount of tuition or fees 

that the school charges to students who do not participate 

in the program. 

(2) PAYMENTS TO PARENTS.—An eligible entity receiving 

a grant under section 3004(a) shall make scholarship payments 

under the entity’s program under this division to the parent 

of the eligible student participating in the program, in a manner 

which ensures that such payments will be used for the payment 

of tuition, fees, and transportation expenses (if any), in accordance with this division. 

(3) AMOUNT OF ASSISTANCE.— (A) VARYING AMOUNTS PERMITTED.—Subject to the 

other requirements of this section, an eligible entity 

receiving a grant under section 3004(a) may award scholarships in larger amounts to those eligible students with 

the greatest need. 

(B) ANNUAL LIMIT ON AMOUNT.— 

(i) LIMIT FOR SCHOOL YEAR 2011–2012.—The amount 

of assistance provided to any eligible student by an 

eligible entity under the entity’s program under this 

division for school year 2011–2012 may not exceed— 

(I) $8,000 for attendance in kindergarten 

through grade 8; and 

(II) $12,000 for attendance in grades 9 through 

12. 

(ii) CUMULATIVE INFLATION ADJUSTMENT.—Beginning with school year 2012–2013, the Secretary shall 

adjust the maximum amounts of assistance described 

in clause (i) for inflation, as measured by the percentage increase, if any, from the preceding fiscal year 

in the Consumer Price Index for All Urban Consumers, 

published by the Bureau of Labor Statistics of the 

Department of Labor. 

(4) PARTICIPATING SCHOOL REQUIREMENTS.—None of the 

funds provided under this division for opportunity scholarships 

may be used by an eligible student to enroll in a participating 

private school unless the participating school— 

(A) has and maintains a valid certificate of occupancy 

issued by the District of Columbia; 

(B) makes readily available to all prospective students 

information on its school accreditation; 

(C) in the case of a school that has been operating 

for 5 years or less, submits to the eligible entity administering the program proof of adequate financial resources 

reflecting the financial sustainability of the school and 

the school’s ability to be in operation through the school 

year; 

(D) agrees to submit to site visits as determined to 

be necessary by the eligible entity pursuant to section 

3005(b)(1)(I); 

(E) has financial systems, controls, policies, and procedures to ensure that funds are used according to this 

division; and 

(F) ensures that each teacher of core subject matter 

in the school has a baccalaureate degree or equivalent 

Effective date. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 204 PUBLIC LAW 112–10—APR. 15, 2011 

degree, whether such degree was awarded in or outside 

of the United States. 

(b) ADMINISTRATIVE EXPENSES.—An eligible entity receiving a 

grant under section 3004(a) may use not more than 3 percent 

of the amount provided under the grant each year for the administrative expenses of carrying out its program under this division 

during the year, including— 

(1) determining the eligibility of students to participate; 

(2) selecting eligible students to receive scholarships; 

(3) determining the amount of scholarships and issuing 

the scholarships to eligible students; 

(4) compiling and maintaining financial and programmatic 

records; and 

(5) conducting site visits as described in section 

3005(b)(1)(I). 

(c) PARENTAL ASSISTANCE.—An eligible entity receiving a grant 

under section 3004(a) may use not more than 2 percent of the 

amount provided under the grant each year for the expenses of 

educating parents about the entity’s program under this division, 

and assisting parents through the application process, under this 

division, including— 

(1) providing information about the program and the 

participating schools to parents of eligible students; 

(2) providing funds to assist parents of students in meeting 

expenses that might otherwise preclude the participation of 

eligible students in the program; and 

(3) streamlining the application process for parents. 

(d) STUDENT ACADEMIC ASSISTANCE.—An eligible entity 

receiving a grant under section 3004(a) may use not more than 

1 percent of the amount provided under the grant each year for 

expenses to provide tutoring services to participating eligible students that need additional academic assistance. If there are insufficient funds to provide tutoring services to all such students in 

a year, the eligible entity shall give priority in such year to students 

who previously attended an elementary school or secondary school 

that was identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316). 

SEC. 3008. NONDISCRIMINATION AND OTHER REQUIREMENTS FOR 

PARTICIPATING SCHOOLS. 

(a) IN GENERAL.—An eligible entity or a school participating 

in any program under this division shall not discriminate against 

program participants or applicants on the basis of race, color, 

national origin, religion, or sex. 

(b) APPLICABILITY AND SINGLE SEX SCHOOLS, CLASSES, OR

ACTIVITIES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the prohibition of sex discrimination in subsection (a) 

shall not apply to a participating school that is operated by, 

supervised by, controlled by, or connected to a religious 

organization to the extent that the application of subsection 

(a) is inconsistent with the religious tenets or beliefs of the 

school. 

(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—Notwithstanding subsection (a) or any other provision of law, a parent 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 205 

may choose and a school may offer a single sex school, class, 

or activity. 

(3) APPLICABILITY.—For purposes of this division, the provisions of section 909 of the Education Amendments of 1972 

(20 U.S.C. 1688) shall apply to this division as if section 909 

of the Education Amendments of 1972 (20 U.S.C. 1688) were 

part of this division. 

(c) CHILDREN WITH DISABILITIES.—Nothing in this division may 

be construed to alter or modify the provisions of the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

(d) RELIGIOUSLY AFFILIATED SCHOOLS.— (1) IN GENERAL.—Notwithstanding any other provision of 

law, a school participating in any program under this division 

that is operated by, supervised by, controlled by, or connected 

to, a religious organization may exercise its right in matters 

of employment consistent with title VII of the Civil Rights 

Act of 1964 (42 U.S.C. 2000e–1 et seq.), including the exemptions in such title. 

(2) MAINTENANCE OF PURPOSE.—Notwithstanding any other 

provision of law, funds made available under this division to 

eligible students, which are used at a participating school as 

a result of their parents’ choice, shall not, consistent with 

the first amendment of the Constitution, necessitate any change 

in the participating school’s teaching mission, require any 

participating school to remove religious art, icons, scriptures, 

or other symbols, or preclude any participating school from 

retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in 

its mission statements and other chartering or governing documents. 

(e) RULE OF CONSTRUCTION.—A scholarship (or any other form 

of support provided to parents of eligible students) under this 

division shall be considered assistance to the student and shall 

not be considered assistance to the school that enrolls the eligible 

student. The amount of any scholarship (or other form of support 

provided to parents of an eligible student) under this division shall 

not be treated as income of the child or his or her parents for 

purposes of Federal tax laws or for determining eligibility for any 

other Federal program. 

(f) REQUESTS FOR DATA AND INFORMATION.—Each school participating in a program funded under this division shall comply with 

all requests for data and information regarding evaluations conducted under section 3009(a). 

(g) RULES OF CONDUCT AND OTHER SCHOOL POLICIES.—A 

participating school, including the schools described in subsection 

(d), may require eligible students to abide by any rules of conduct 

and other requirements applicable to all other students at the 

school. 

(h) NATIONALLY NORM-REFERENCED STANDARDIZED TESTS.— 

(1) IN GENERAL.—Each participating school shall comply 

with any testing requirements determined to be necessary for 

evaluation under section 3009(a)(2)(A)(i). 

(2) MAKE-UP SESSION.—If a participating school does not 

administer a nationally norm-referenced standardized test or 

the Institute of Education Sciences does not receive data on 

a student who is receiving an opportunity scholarship, then 

the Secretary (through the Institute of Education Sciences of 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 206 PUBLIC LAW 112–10—APR. 15, 2011 

the Department of Education) shall administer such test at 

least one time during a school year for each student receiving 

an opportunity scholarship. 

SEC. 3009. EVALUATIONS. 

(a) IN GENERAL.— (1) DUTIES OF THE SECRETARY AND THE MAYOR.—The Secretary and the Mayor of the District of Columbia shall— 

(A) jointly enter into an agreement with the Institute 

of Education Sciences of the Department of Education to 

evaluate annually the performance of students who 

received scholarships under the 5-year program under this 

division; 

(B) jointly enter into an agreement to monitor and 

evaluate the use of funds authorized and appropriated 

for the District of Columbia public schools and the District 

of Columbia public charter schools under this division; 

and 

(C) make the evaluations described in subparagraphs 

(A) and (B) public in accordance with subsection (c). 

(2) DUTIES OF THE SECRETARY.—The Secretary, through 

a grant, contract, or cooperative agreement, shall— 

(A) ensure that the evaluation under paragraph 

(1)(A)— 

(i) is conducted using the strongest possible 

research design for determining the effectiveness of 

the opportunity scholarship program under this division; and 

(ii) addresses the issues described in paragraph 

(4); and 

(B) disseminate information on the impact of the program— 

(i) in increasing the academic growth and achievement of participating eligible students; and 

(ii) on students and schools in the District of 

Columbia. 

(3) DUTIES OF THE INSTITUTE OF EDUCATION SCIENCES.— 

The Institute of Education Sciences of the Department of Education shall— 

(A) use a grade appropriate, nationally norm-referenced standardized test each school year to assess participating eligible students; 

(B) measure the academic achievement of all participating eligible students; and 

(C) work with the eligible entities to ensure that the 

parents of each student who applies for a scholarship under 

this division (regardless of whether the student receives 

the scholarship) and the parents of each student participating in the scholarship program under this division, 

agree that the student will participate in the measurements 

given annually by the Institute of Educational Sciences 

for the period for which the student applied for or received 

the scholarship, respectively, except that nothing in this 

subparagraph shall affect a student’s priority for an opportunity scholarship as provided under section 3006. 

(4) ISSUES TO BE EVALUATED.—The issues to be evaluated 

under paragraph (1)(A) shall include the following: 

Contracts. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 207 

(A) A comparison of the academic growth and achievement of participating eligible students in the measurements 

described in paragraph (3) to the academic growth and 

achievement of the eligible students in the same grades 

who sought to participate in the scholarship program under 

this division but were not selected. 

(B) The success of the program in expanding choice 

options for parents of participating eligible students, 

improving parental and student satisfaction of such parents 

and students, respectively, and increasing parental involvement of such parents in the education of their children. 

(C) The reasons parents of participating eligible students choose for their children to participate in the program, including important characteristics for selecting 

schools. 

(D) A comparison of the retention rates, high school 

graduation rates, and college admission rates of participating eligible students with the retention rates, high 

school graduation rates, and college admission rates of 

students of similar backgrounds who do not participate 

in such program. 

(E) A comparison of the safety of the schools attended 

by participating eligible students and the schools in the 

District of Columbia attended by students who do not 

participate in the program, based on the perceptions of 

the students and parents. 

(F) Such other issues with respect to participating 

eligible students as the Secretary considers appropriate 

for inclusion in the evaluation, such as the impact of the 

program on public elementary schools and secondary 

schools in the District of Columbia. 

(G) An analysis of the issues described in subparagraphs (A) through (F) by applying such subparagraphs 

by substituting ‘‘the subgroup of participating eligible students who have used each opportunity scholarship awarded 

to such students under this division to attend a participating school’’ for ‘‘participating eligible students’’ each 

place such term appears. 

(5) PROHIBITION.—Personally identifiable information 

regarding the results of the measurements used for the evaluations may not be disclosed, except to the parents of the student 

to whom the information relates. 

(b) REPORTS.—The Secretary shall submit to the Committees 

on Appropriations, Education and the Workforce, and Oversight 

and Government Reform of the House of Representatives and the 

Committees on Appropriations, Health, Education, Labor, and Pensions, and Homeland Security and Governmental Affairs of the 

Senate— 

(1) annual interim reports, not later than April 1 of the 

year following the year of the date of enactment of this division, 

and each subsequent year through the year in which the final 

report is submitted under paragraph (2), on the progress and 

preliminary results of the evaluation of the opportunity scholarship program funded under this division; and 

(2) a final report, not later than 1 year after the final 

year for which a grant is made under section 3004(a), on 

the results of the evaluation of the program. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 208 PUBLIC LAW 112–10—APR. 15, 2011 

(c) PUBLIC AVAILABILITY.—All reports and underlying data gathered pursuant to this section shall be made available to the public 

upon request, in a timely manner following submission of the 

applicable report under subsection (b), except that personally identifiable information shall not be disclosed or made available to the 

public. 

(d) LIMIT ON AMOUNT EXPENDED.—The amount expended by 

the Secretary to carry out this section for any fiscal year may 

not exceed 5 percent of the total amount appropriated under section 

3014(a)(1) for the fiscal year. 

SEC. 3010. REPORTING REQUIREMENTS. 

(a) ACTIVITIES REPORTS.—Each eligible entity receiving funds 

under section 3004(a) during a year shall submit a report to the 

Secretary not later than July 30 of the following year regarding 

the activities carried out with the funds during the preceding year. 

(b) ACHIEVEMENT REPORTS.— 

(1) IN GENERAL.—In addition to the reports required under 

subsection (a), each eligible entity receiving funds under section 

3004(a) shall, not later than September 1 of the year during 

which the second school year of the entity’s program is completed and each of the next 2 years thereafter, submit to the 

Secretary a report, including any pertinent data collected in 

the preceding 2 school years, concerning— 

(A) the academic growth and achievement of students 

participating in the program; 

(B) the high school graduation and college admission 

rates of students who participate in the program, where 

appropriate; and 

(C) parental satisfaction with the program. 

(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.— 

No report under this subsection may contain any personally 

identifiable information. 

(c) REPORTS TO PARENTS.— 

(1) IN GENERAL.—Each eligible entity receiving funds under 

section 3004(a) shall ensure that each school participating in 

the entity’s program under this division during a school year 

reports at least once during the year to the parents of each 

of the school’s students who are participating in the program 

on— 

(A) the student’s academic achievement, as measured 

by a comparison with the aggregate academic achievement 

of other participating students at the student’s school in 

the same grade or level, as appropriate, and the aggregate 

academic achievement of the student’s peers at the student’s school in the same grade or level, as appropriate; 

(B) the safety of the school, including the incidence 

of school violence, student suspensions, and student expulsions; and 

(C) the accreditation status of the school. 

(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.— No report under this subsection may contain any personally 

identifiable information, except as to the student who is the 

subject of the report to that student’s parent. 

(d) REPORT TO CONGRESS.—Not later than 6 months after the 

first appropriation of funds under section 3014, and each succeeding 

year thereafter, the Secretary shall submit to the Committees on 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 209 

Appropriations, Education and the Workforce, and Oversight and 

Government Reform of the House of Representatives and the 

Committees on Appropriations, Health, Education, Labor, and Pensions, and Homeland Security and Governmental Affairs of the 

Senate, an annual report on the findings of the reports submitted 

under subsections (a) and (b). 

SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS. 

(a) CONDITION OF RECEIPT OF FUNDS.—As a condition of 

receiving funds under this division on behalf of the District of 

Columbia public schools and the District of Columbia public charter 

schools, the Mayor shall agree to carry out the following: 

(1) INFORMATION REQUESTS.—Ensure that all the District 

of Columbia public schools and the District of Columbia public 

charter schools comply with all reasonable requests for information for purposes of the evaluation under section 3009(a). 

(2) AGREEMENT WITH THE SECRETARY.—Enter into the 

agreement described in section 3009(a)(1)(B) to monitor and 

evaluate the use of funds authorized and appropriated for the 

District of Columbia public schools and the District of Columbia 

public charter schools under this division. 

(3) SUBMISSION OF REPORT.—Not later than 6 months after 

the first appropriation of funds under section 3014, and each 

succeeding year thereafter, submit to the Committee on Appropriations, the Committee on Education and the Workforce, and 

the Committee on Oversight and Government Reform of the 

House of Representatives, and the Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate, information on— 

(A) how the funds authorized and appropriated under 

this division for the District of Columbia public schools 

and the District of Columbia public charter schools were 

used in the preceding school year; and 

(B) how such funds are contributing to student achievement. 

(b) ENFORCEMENT.—If, after reasonable notice and an opportunity for a hearing for the Mayor, the Secretary determines that 

the Mayor has not been in compliance with 1 or more of the 

requirements described in subsection (a), the Secretary may withhold from the Mayor, in whole or in part, further funds under 

this division for the District of Columbia public schools and the 

District of Columbia public charter schools. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to reduce, or otherwise affect, funding provided under 

this division for the opportunity scholarship program under this 

division. 

SEC. 3012. TRANSITION PROVISIONS. 

(a) REPEAL.—The DC School Choice Incentive Act of 2003 (sec. 

38–1851.01 et seq., D.C. Official Code) is repealed. 

(b) SPECIAL RULES.—Notwithstanding any other provision of 

law— 

(1) funding appropriated to provide opportunity scholarships for students in the District of Columbia under the heading 

‘‘Federal Payment for School Improvement’’ in title IV of division D of the Omnibus Appropriations Act, 2009 (Public Law 

111–8; 123 Stat. 653), the heading ‘‘Federal Payment for School 

Notice. 

Determination. 

Contracts. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 210 PUBLIC LAW 112–10—APR. 15, 2011 

Improvement’’ in title IV of division C of the Consolidated 

Appropriations Act, 2010 (Public Law 111–117; 123 Stat. 3181), 

or any other Act, may be used to provide opportunity scholarships under section 3007(a) for the 2011–2012 school year to 

students who have not previously received such scholarships; 

(2) the fourth and fifth provisos under the heading ‘‘Federal 

Payment for School Improvement’’ of title IV of Division C 

of the Consolidated Appropriations Act, 2010 (Public Law 111– 

117; 123 Stat. 3181) shall not apply; and 

(3) any unobligated amounts reserved to carry out the 

provisos described in paragraph (2) shall be made available 

to an eligible entity receiving a grant under section 3004(a)— 

(A) for administrative expenses described in section 

3007(b); or 

(B) to provide opportunity scholarships under section 

3007(a), including to provide such scholarships for the 

2011–2012 school year to students who have not previously 

received such scholarships. 

(c) MULTIYEAR AWARDS.—The recipient of a grant or contract 

under the DC School Choice Incentive Act of 2003 (sec. 38–1851.01 

et seq., D.C. Official Code), as such Act was in effect on the day 

before the date of the enactment of this division, shall continue 

to receive funds in accordance with the terms and conditions of 

such grant or contract, except that— 

(1) the provisos relating to opportunity scholarships in 

the Acts described in subsection (b)(1) shall not apply; and 

(2) the memorandum of understanding described in subsection (d), including any revision made under such subsection, 

shall apply. 

(d) MEMORANDUM OF UNDERSTANDING.—The Secretary and the 

Mayor of the District of Columbia shall revise the memorandum 

of understanding entered into under the DC School Choice Incentive 

Act of 2003 (sec. 38–1851.01 et seq., D.C. Official Code), as such 

Act was in effect on the day before the date of the enactment 

of this division, to address— 

(1) the implementation of the opportunity scholarship program under this division; and 

(2) how the Mayor will ensure that the District of Columbia 

public schools and the District of Columbia public charter 

schools comply with all the reasonable requests for information 

as necessary to fulfill the requirements for evaluations conducted under section 3009(a). 

(e) ORDERLY TRANSITION.—Subject to subsections (c) and (d), 

the Secretary shall take such steps as the Secretary determines 

to be appropriate to provide for the orderly transition to the 

authority of this division from any authority under the provisions 

of the DC School Choice Incentive Act of 2003 (sec. 38–1851.01 

et seq., D.C. Official Code), as such Act was in effect on the day 

before the date of enactment of this division. 

SEC. 3013. DEFINITIONS. 

As used in this division: 

(1) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 

means an institutional day or residential school, including a 

public elementary charter school, that provides elementary education, as determined under District of Columbia law. 

Applicability. 

Grants. 

Contracts. 

Extension. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–10—APR. 15, 2011 125 STAT. 211 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any 

of the following: 

(A) A nonprofit organization. 

(B) A consortium of nonprofit organizations. 

(3) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means 

a student who is a resident of the District of Columbia and 

comes from a household— 

(A) receiving assistance under the supplemental nutrition assistance program established under the Food and 

Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or 

(B) whose income does not exceed— 

(i) 185 percent of the poverty line; or 

(ii) in the case of a student participating in the 

opportunity scholarship program in the preceding year 

under this division or the DC School Choice Incentive 

Act of 2003 (sec. 38–1851.01 et seq., D.C. Official Code), 

as such Act was in effect on the day before the date 

of enactment of this division, 300 percent of the poverty 

line. 

(4) MAYOR.—The term ‘‘Mayor’’ means the Mayor of the 

District of Columbia. 

(5) PARENT.—The term ‘‘parent’’ has the meaning given 

that term in section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801). 

(6) PARTICIPATING ELIGIBLE STUDENT.—The term ‘‘participating eligible student’’ means an eligible student awarded 

an opportunity scholarship under this division, without regard 

to whether the student uses the scholarship to attend a participating school. 

(7) PARTICIPATING SCHOOL.—The term ‘‘participating 

school’’ means a private elementary school or secondary school 

participating in the opportunity scholarship program of an 

eligible entity under this division. 

(8) POVERTY LINE.—The term ‘‘poverty line’’ has the 

meaning given that term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(9) SECONDARY SCHOOL.—The term ‘‘secondary school’’ 

means an institutional day or residential school, including a 

public secondary charter school, that provides secondary education, as determined under District of Columbia law, except 

that the term does not include any education beyond grade 

12. 

(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

SEC. 3014. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated 

$60,000,000 for fiscal year 2012 and for each of the 4 succeeding 

fiscal years, of which— 

(1) one-third shall be made available to carry out the opportunity scholarship program under this division for each fiscal 

year; 

(2) one-third shall be made available to carry out section 

3004(b)(1) for each fiscal year; and 

(3) one-third shall be made available to carry out section 

3004(b)(2) for each fiscal year. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
125 STAT. 212 PUBLIC LAW 112–10—APR. 15, 2011 

LEGISLATIVE HISTORY—H.R. 1473: 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

Apr. 14, considered and passed House and Senate. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011): 

Apr. 15, Presidential statement. 

Æ 

(b) APPORTIONMENT.—If the total amount of funds appropriated under subsection (a) for a fiscal year does not equal $60,000,000, 

the funds shall be apportioned in the manner described in subsection (a) for such fiscal year. 

Approved April 15, 2011. 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS