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[112th Congress Public Law 10]
[From the U.S. Government Printing Office]

[[Page 37]]

 DEPARTMENT OF DEFENSE AND FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2011

[[Page 125 STAT. 38]]

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. <<NOTE: Apr. 15, 
                         2011 -  [H.R. 1473]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense and Full-Year Continuing Appropriations Act, 2011.>> 
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

[[Page 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

[[Page 125 STAT. 40]]

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.

[[Page 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

[[Page 125 STAT. 42]]

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.

[[Page 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 <<NOTE: Determinations.>> 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

[[Page 125 STAT. 44]]

heading is in addition to any other transfer authority provided 
elsewhere in this Act.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> 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

[[Page 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 <<NOTE: Determinations.>> 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.

[[Page 125 STAT. 46]]

      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.

[[Page 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

[[Page 125 STAT. 48]]

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,

[[Page 125 STAT. 49]]

tests, evaluations, and other such budgeted work that must be performed 
in the final stage of ship construction: <<NOTE: Vessels.>>  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

[[Page 125 STAT. 50]]

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 <<NOTE: Certification.>> 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

[[Page 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 contractor-owned equipment layaway, 
$4,009,321,000, to remain available for obligation until September 30, 
2013:  Provided, That of the funds made available in this paragraph, 
$15,000,000 shall be made available to procure equipment, not otherwise 
provided for, and may be transferred to other procurement accounts 
available to the Department of Defense, and that funds so transferred 
shall be available for the same purposes and the same time period as the 
account to which transferred.

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment,

[[Page 125 STAT. 52]]

$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,

[[Page 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 <<NOTE: Contracts.>> 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 <<NOTE: Contracts.>>  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 <<NOTE: Waiver authority. Certification.>>  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

[[Page 125 STAT. 54]]

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 <<NOTE: Determination.>> 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.

[[Page 125 STAT. 55]]

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No <<NOTE: Publicity.>> part of any appropriation 
contained in this Act shall be used for publicity or propaganda purposes 
not authorized by the Congress.

    Sec. 8002.  <<NOTE: 10 USC 1584 note.>> 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 <<NOTE: Pay rates. Foreign 
nationals.>> 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:  <<NOTE: Turkey.>> 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 <<NOTE: Determination.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Reprogramming request.>> no part of 
the funds in this Act shall be available to prepare or present a request 
to the Committees

[[Page 125 STAT. 56]]

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 <<NOTE: Reprogramming request. Deadline.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Certification.>> 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: <<NOTE: Notification.>>  Provided further, That transfers may be 
made between working capital funds and

[[Page 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 <<NOTE: Notification.>>  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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Contracts. Notification. Deadline. 10 USC 
2306b note.>>  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) <<NOTE: Budget request.>> 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.

[[Page 125 STAT. 58]]

     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 <<NOTE: Humanitarian assistance.>>  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:  <<NOTE: Micronesia.>> 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 <<NOTE: Determination. Hawaii. Territories.>>  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 <<NOTE: Budget request. Effective date.>> 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 <<NOTE: Lobbying.>> of the funds made available by 
this Act shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before the Congress.

    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment:  Provided, That this section shall 
not apply to those members who have reenlisted with this option prior to 
October 1, 1987: <<NOTE: Applicability.>>  Provided further, That this 
section applies only to active components of the Army.

    Sec. 8015. (a) <<NOTE: Contracts. Outsourcing.>> 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

[[Page 125 STAT. 59]]

date of the enactment of this Act, is performed by Department of Defense 
civilian employees unless--
            (1) the <<NOTE: Organization plan.>> 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 <<NOTE: Determination.>> 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 <<NOTE: Contracts.>> Department of Defense, without 
regard to subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwithstanding any 
administrative regulation, requirement, or policy to the contrary shall 
have full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--
                    (A) is included on the procurement list established 
                pursuant to section 2 of the Javits-Wagner-O'Day Act 
                (section 8503 of title 41, United States Code);
                    (B) is planned to be converted to performance by a 
                qualified nonprofit agency for the blind or by a 
                qualified nonprofit agency for other severely 
                handicapped individuals in accordance with that Act; or
                    (C) is planned to be converted to performance by a 
                qualified firm under at least 51 percent ownership by an 
                Indian tribe, as defined in section 4(e) of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b(e)), or a Native Hawaiian Organization, as 
                defined in section 8(a)(15) of the Small Business Act 
                (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts or 
        contracts for depot maintenance as provided in sections 2469 and 
        2474 of title 10, United States Code.

    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to be 
awarded under the authority of, and

[[Page 125 STAT. 60]]

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 <<NOTE: 10 
USC 2301 note.>> 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 <<NOTE: Vessels.>>  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 <<NOTE: Waiver authority. Certification.>> 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 <<NOTE: Arms and munitions. Certification.>>  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 <<NOTE: Waiver 
authority. Certification.>> 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.

[[Page 125 STAT. 61]]

    Sec. 8020.  In <<NOTE: Contracts.>> 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 <<NOTE: Applicability.>>  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.  <<NOTE: Political activities.>> 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 <<NOTE: Kuwait.>>  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

[[Page 125 STAT. 62]]

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 <<NOTE: Reports.>> 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 <<NOTE: Contracts.>>  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 <<NOTE: Applicability.>> 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 <<NOTE: Waiver 
authority. Certification.>> 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 <<NOTE: Definition.>> 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

[[Page 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 <<NOTE: Certification.>> 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. <<NOTE: Determination. Contracts. Rescission. 41 USC 8304 
note.>> 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 <<NOTE: Memorandum.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Definition.>> 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. <<NOTE: Native Americans. State listing. Housing.>> (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

[[Page 125 STAT. 64]]

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 <<NOTE: Definition.>> 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 <<NOTE: Budget request.>>  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 <<NOTE: 50 USC 403u note.>>  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

[[Page 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, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8036. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. 
For <<NOTE: Definition.>> purposes of this subsection, the term ``Buy 
American Act'' means chapter 83 of title 41, United States Code.

    (b) <<NOTE: Determination. Labeling. Fraud. Debarment.>> 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 <<NOTE: Contracts. Determination.>>  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 <<NOTE: Determination.>> 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

[[Page 125 STAT. 66]]

            (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 <<NOTE: Waiver 
authority. Determination. Certification.>> Secretary of Defense or 
Secretary of a military department may waive the limitations in 
subsection (a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will reduce 
the personnel requirements or the financial requirements of the 
department.

    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to eliminate, 
        mitigate, or counter the effects of improvised explosive 
        devices, and, as determined by the Secretary of the Army, other 
        similar threats; or
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense.

    Sec. 8039.  The <<NOTE: Grants.>>  Secretary of Defense, 
notwithstanding any other provision of law, acting through the Office of 
Economic Adjustment of the Department of Defense, may use funds made 
available in this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' to make grants and supplement other Federal funds in 
accordance with the guidance provided in the explanatory statement 
regarding this Act.

                              (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2009/2011'', $86,300,000.
            ``Other Procurement, Army, 2009/2011'', $147,600,000.
            ``Aircraft Procurement, Navy, 2009/2011'', $26,100,000.
            ``Aircraft Procurement, Air Force, 2009/2011'', 
        $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.

[[Page 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, Defense-Wide, 
        2010/2011'', $10,000,000.

    Sec. 8041.  None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8042.  None <<NOTE: North Korea.>>  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 inthis Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, <<NOTE: Waiver authority. Certification.>> 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. <<NOTE: Drugs and drug abuse. 10 USC 374 note.>> (a) None 
of the funds available to the Department of Defense for any fiscal year 
for drug interdiction or counter-drug activities may be transferred to 
any other department or agency of the United States except as 
specifically provided in an appropriations law.

    (b) None <<NOTE: 50 USC 403f note.>>  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 <<NOTE: Ball and roller bearings.>>  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 <<NOTE: Waiver authority. Certification.>> domestic origin:  
Provided, That the Secretary of the military department responsible for 
such procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must

[[Page 125 STAT. 68]]

be made in order to acquire capability for national security purposes:  
Provided further, <<NOTE: Applicability.>> 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 <<NOTE: Certification.>>  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 <<NOTE: Salaries.>>  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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Applicability.>> 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 <<NOTE: Contracts.>>  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--

[[Page 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, <<NOTE: Reimbursement.>> 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.

[[Page 125 STAT. 70]]

    Sec. 8054.  Using <<NOTE: Germany.>>  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 <<NOTE: Anthracite.>>  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 <<NOTE: Waiver authority. Certification.>> Program:  
Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.

    Sec. 8056.  None of the funds made available in this Act may be used 
to approve or license the sale of the F-22A advanced tactical fighter to 
any foreign government:  Provided, That the Department of Defense may 
conduct or participate in studies, research, design and other activities 
to define and develop a future export version of the F-22A that protects 
classified and sensitive information, technologies and U.S. warfighting 
capabilities.
    Sec. 8057. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if the 
Secretary determines that the application of the limitation with respect 
to that country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of defense 
items entered into under section 2531 of title 10, United States Code, 
and the country does not discriminate against the same or similar 
defense items produced in the United States for that country.
    (b) <<NOTE: Applicability. Contracts.>> 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,

[[Page 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) <<NOTE: Human rights.>> 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 <<NOTE: Waiver authority. Determination.>> 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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Vessels.>>  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 <<NOTE: Waiver 
authority. Certification.>> 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 <<NOTE: Reports.>>  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 <<NOTE: Waiver authority. Certification.>>  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 <<NOTE: Classified 
information. Reports. Deadlines. Effective date.>>  Secretary of Defense 
shall provide a classified quarterly report beginning 30 days after 
enactment of this Act,

[[Page 125 STAT. 72]]

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 <<NOTE: Waiver 
authority. Certification.>> 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 <<NOTE: Arms and munitions.>>  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 <<NOTE: Waiver authority. Time 
period.>>  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 <<NOTE: Alcohol and alcoholic beverages.>>  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

[[Page 125 STAT. 73]]

installation is located in more than one State, purchases may be made in 
any State in which the installation <<NOTE: Applicability.>>  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 <<NOTE: 10 USC 2281 note.>>  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 <<NOTE: Contracts. Real property.>> 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 <<NOTE: Applicability. 10 USC 113 note.>>  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 <<NOTE: Determination. Grants. Fisher House 
Foundation, Inc.>> 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)

[[Page 125 STAT. 74]]

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 <<NOTE: Applicability.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Federal budget. 10 USC 221 note.>>  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

[[Page 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 <<NOTE: Nuclear arms.>>  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 <<NOTE: Determination. Grants.>> 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 <<NOTE: 53rd Weather Reconnaissance Squadron.>>  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 <<NOTE: Foreign intelligence.>>  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) <<NOTE: Notification. Deployment.>>  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 <<NOTE: Waiver authority. Determination.>>  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.

[[Page 125 STAT. 76]]

                      (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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: 10 USC 1599c note.>>  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.

[[Page 125 STAT. 77]]

    Sec. 8089.  For <<NOTE: Applicability.>>  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 <<NOTE: Budget exhibits. 50 USC 415a-2 note.>>  
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 <<NOTE: 10 USC 221 note.>>  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 <<NOTE: Designation.>> 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 <<NOTE: Deadline. Reports.>>  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 <<NOTE: Certification.>>  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 <<NOTE: Submission. Deadlines. 50 USC 415a-
3.>> Director of National Intelligence shall submit to Congress each 
year, at or about the time that the President's

[[Page 125 STAT. 78]]

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 <<NOTE: Definition.>>  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 <<NOTE: Reports. Deadline.>>  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) <<NOTE: Web posting. Reports.>>  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

[[Page 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 <<NOTE: Time period.>>  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) <<NOTE: Contracts.>> 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 <<NOTE: Certification.>>  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 <<NOTE: Waiver authority. Determination.>>  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 <<NOTE: Public information. Deadline.>> States. 
The Secretary of Defense shall transmit to Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days

[[Page 125 STAT. 80]]

before the contract or subcontract addressed in the determination may be 
awarded.

    (e) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Notice.>>  of National 
Intelligence. A system shall be considered to be registered with that 
officer upon the furnishing notice of the system, together with such 
information concerning the system as the Director of the Business 
Transformation Office may prescribe.

    (2) During the current fiscal year no funds may be obligated or 
expended for a financial management automated information system, a 
mixed information system supporting financial and non-financial systems, 
or a business system improvement of more than $3,000,000, within the 
Intelligence Community without the approval of the Business 
Transformation Office, and the designated Intelligence Community 
functional lead element.
    (b) <<NOTE: Deadlines. Reports.>> The Director of the Business 
Transformation Office shall provide the congressional intelligence 
committees a semi-annual report of approvals under paragraph (1) no 
later than March 30 and September 30 of each year. The report shall 
include the results of the Business Transformation Investment Review 
Board's semi-annual activities, and each report shall certify that the 
following steps have been taken for systems approved under paragraph 
(1):
            (1) Business process reengineering.
            (2) An analysis of alternatives and an economic analysis 
        that includes a calculation of the return on investment.
            (3) Assurance the system is compatible with the enterprise-
        wide business architecture.
            (4) Performance measures.
            (5) An information assurance strategy consistent with the 
        Chief Information Officer of the Intelligence Community.

    (c) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements.

[[Page 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 <<NOTE: Deadline. Notification.>>  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 <<NOTE: Reports. Deadlines.>> 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

[[Page 125 STAT. 82]]

Secretary of Defense to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 8108. (a) Of the amounts made available in this Act under the 
heading ``Operation and Maintenance, Navy'', not less than $2,000,000, 
shall be made available for leveraging the Army's Contractor Manpower 
Reporting Application, modified as appropriate for Service-specific 
requirements, for documenting the number of full-time contractor 
employees (or its equivalent) pursuant to United States Code title 10, 
section 2330a(c) and meeting the requirements of United States Code 
title 10, section 2330a(e) and United States Code title 10, section 235.
    (b) Of the amounts made available in this Act under the heading 
``Operation and Maintenance, Air Force'', not less than $2,000,000 shall 
be made available for leveraging the Army's Contractor Manpower 
Reporting Application, modified as appropriate for Service-specific 
requirements, for documenting the number of full-time contractor 
employees (or its equivalent) pursuant to United States Code title 10 
section 2330a(c) and meeting the requirements of United States Code 
title 10, section 2330a(e) and United States Code title 10, section 235.
    (c) The <<NOTE: Reports. Deadline.>>  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 <<NOTE: Grants. Education.>>  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.

[[Page 125 STAT. 83]]

    Sec. 8111.  Section 310(b) of the Supplemental Appropriations Act, 
2009 (Public Law 111-32; 124 Stat. 1871) <<NOTE: 123 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 <<NOTE: Deadline. Certification. Procedures.>> 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 <<NOTE: Assessment.>>  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. <<NOTE: Reports. Deadlines.>> 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. <<NOTE: Pilot projects.>> (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. <<NOTE: Deadline. Reports.>> 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

[[Page 125 STAT. 84]]

        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 <<NOTE: Reduction.>>  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 <<NOTE: Allocation.>>  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 <<NOTE: Deadline.>>  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--

[[Page 125 STAT. 85]]

            (1) the <<NOTE: Notification.>> Secretary of Defense 
        notifies the congressional defense committees of the proposed 
        disestablishment, closure, or realignment of the Joint Forces 
        Command; and
            (2) the <<NOTE: Plans.>>  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

[[Page 125 STAT. 86]]

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.

[[Page 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.

[[Page 125 STAT. 88]]

                  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 <<NOTE: Determination. Deadline. Notification.>> 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, <<NOTE: Iraq. Afghanistan. Deadline. Notification.>> Tha
        t 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 <<NOTE: Deadlines. Reports.>> 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

[[Page 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

[[Page 125 STAT. 90]]

Infrastructure Fund'', $400,000,000, to remain available until 
September <<NOTE: Decision.>> 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 <<NOTE: Deadline. Notification.>> 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

[[Page 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 <<NOTE: Notification.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Notification.>> such obligation:  Provided further, That the 
Secretary of Defense shall notify the congressional defense committees 
of any proposed

[[Page 125 STAT. 92]]

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 <<NOTE: Deadline. Notification.>> 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.

[[Page 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.

[[Page 125 STAT. 94]]

                        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.

[[Page 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 <<NOTE: Deadline. Assessment.>> 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.

[[Page 125 STAT. 96]]

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 <<NOTE: Deadline. Notification.>> 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.

[[Page 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 Counter-Drug 
Activities, Defense'', $440,510,000, to remain available until September 
30, 2012:  Provided, That each amount in this paragraph is designated as 
being for contingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
as an emergency requirement pursuant

[[Page 125 STAT. 98]]

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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Notification.>> 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

[[Page 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 <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadlines. Data.>> 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 <<NOTE: Deadline. Notification.>> Iraq and 
Afghanistan:  Provided further, That not less than 15 days before making 
funds available pursuant to the authority provided in this section or 
under any other provision of law for the purposes described herein for a 
project with a total anticipated cost for completion of $5,000,000 or 
more, the Secretary shall submit to the congressional defense committees 
a written notice containing each of the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, and 
        completion date for the proposed project, including any other 
        CERP funding that has been or is anticipated to be contributed 
        to the completion of the project.
            (3) A plan for the sustainment of the proposed project, 
        including the agreement with either the host nation, a non-

[[Page 125 STAT. 100]]

        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 <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadlines. Reports. Time 
period.>> 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.

[[Page 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 <<NOTE: Determination.>> 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 <<NOTE: Deadline. Reports.>> 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,

[[Page 125 STAT. 102]]

        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 <<NOTE: Time period.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: 1 USC 1 note.>> 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-- <<NOTE: Full-Year Continuing Appropriations Act, 
2011.>> 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).

[[Page 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 <<NOTE: Definition.>> 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 <<NOTE: Extension date.>> 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

[[Page 125 STAT. 104]]

and under the authority and conditions provided in the applicable 
appropriations Acts for fiscal year 2010.
    (b) In addition to the amounts otherwise provided by section 1101, 
the following amounts shall be available for the following accounts for 
advance payments for the first quarter of fiscal year 2012:
            (1) ``Department of Labor, Employment Standards 
        Administration, Special Benefits for Disabled Coal Miners'', for 
        benefit payments under title IV of the Federal Mine Safety and 
        Health Act of 1977, $41,000,000, to remain available until 
        expended.
            (2) ``Department of Health and Human Services, Centers for 
        Medicare and Medicaid Services, Grants to States for Medicaid'', 
        for payments to States or in the case of section 1928 on behalf 
        of States under title XIX of the Social Security Act, 
        $86,445,289,000, to remain available until expended.
            (3) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments to States for 
        Child Support Enforcement and Family Support Programs'', for 
        payments to States or other non-Federal entities under titles I, 
        IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act 
        of July 5, 1960 (24 U.S.C. ch. 9), $1,200,000,000, to remain 
        available until expended.
            (4) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments to States for 
        Foster Care and Permanency'', for payments to States or other 
        non-Federal entities under title IV-E of the Social Security 
        Act, $1,850,000,000.
            (5) ``Social Security Administration, Supplemental Security 
        Income Program'', for benefit payments under title XVI of the 
        Social Security Act, $13,400,000,000, to remain available until 
        expended.

    Sec. 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 <<NOTE: Earmark.>> 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 <<NOTE: Definition.>> 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 <<NOTE: Khalid Sheikh 
Mohammed.>> 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

[[Page 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. <<NOTE: Cuba Certification. Deadline.>> (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. <<NOTE: Notification.>>  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 re-
        engage 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 <<NOTE: Waiver authority. Determination.>> 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)

[[Page 125 STAT. 106]]

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 <<NOTE: Notification.>> shall notify 
Congress promptly upon issuance of any such order.

    (d) For <<NOTE: Definitions.>> 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 <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>> 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).

[[Page 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.

[[Page 125 STAT. 108]]

    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 
``Agricultural 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 
``Agricultural 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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>> 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

[[Page 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'' <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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

[[Page 125 STAT. 110]]

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 <<NOTE: Applicability.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Applicability.>> 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

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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 Self-Help 
Housing Grants'' shall be $37,000,000.

[[Page 125 STAT. 112]]

    Sec. 1250.  Notwithstanding section 1101, the level for ``Rural 
Development Programs, Rural Housing Service, Rural Housing Assistance 
Grants'' <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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 <<NOTE: Rescission.>> 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'' <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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, <<NOTE: Certification.>> 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

[[Page 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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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,

[[Page 125 STAT. 114]]

$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

[[Page 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''.

[[Page 125 STAT. 116]]

            (5) The first proviso under the heading ``Domestic Food 
        Programs, Food and Nutrition Service, Commodity Assistance 
        Program''.
            (6) The first proviso under the heading ``Foreign Assistance 
        and Related Programs, Foreign Agricultural Service, McGovern-
        Dole International Food for Education and Child Nutrition 
        Program Grants''.

    Sec. 1274.  Sections <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>> 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:

[[Page 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.

[[Page 125 STAT. 118]]

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 <<NOTE: Rescisson.>> the unobligated balances 
available for ``Agricultural Programs, Agricultural Research Service, 
Buildings and Facilities'', $229,582,000 is rescinded.

    Sec. 1290.  Of <<NOTE: Rescisson.>> 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 <<NOTE: Rescissons.>> 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 <<NOTE: Rescisson.>> the unobligated balances 
available for Cooperative State Research, Education, and Extension 
Service, Buildings and Facilities, $1,037,000 are rescinded.

    Sec. 1294.  The <<NOTE: Rescissons.>> 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

[[Page 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 <<NOTE: Rescisson.>> 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 <<NOTE: Cancellation.>> 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 <<NOTE: Applicability.>> 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.

[[Page 125 STAT. 120]]

    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 <<NOTE: Spending plan. Deadline.>> Departments of 
Commerce and Justice, the National Aeronautics and Space Administration, 
and the National

[[Page 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

[[Page 125 STAT. 122]]

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 <<NOTE: Applicability.>> 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 set-aside 
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.

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: 123 Stat. 3149. Notification. Deadline.>> 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 <<NOTE: Rescission. Deadline.>> 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 <<NOTE: Rescission.>> the unobligated balances 
available to the Department of Justice for the ``Working Capital Fund'', 
$26,000,000 is hereby permanently rescinded.

[[Page 125 STAT. 124]]

    Sec. 1345.  Of <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: 40 USC 40101 note.>>  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 <<NOTE: Expiration date.>> 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, Mid-Atlantic, 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

[[Page 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

[[Page 125 STAT. 126]]

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 <<NOTE: Approval.>> 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 <<NOTE: Loans.>>  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

[[Page 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 <<NOTE: Rescission.>> 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

[[Page 125 STAT. 128]]

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 <<NOTE: Rescissions.>>  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,

[[Page 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.

[[Page 125 STAT. 130]]

    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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> the unobligated balances from 
prior year appropriations available for ``Department of Energy, Energy 
Programs, Nuclear Energy'', $6,300,000 is rescinded.

    Sec. 1461.  Of <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>>  the unobligated balances from 
prior year appropriations available for ``Department of Energy, Energy 
Programs, Energy Information Administration'', $400,000 is rescinded.

    Sec. 1466.  Of <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> the unobligated balances from 
prior year appropriations available for ``Department of Energy, Energy 
Programs, Science'', $15,000,000 is rescinded.

    Sec. 1469.  Of <<NOTE: Rescissions.>> 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 <<NOTE: Rescissions.>> the unobligated balances from 
prior year appropriations available for ``Department of Energy, Energy 
Programs, Departmental Administration'', $81,900,000 is rescinded.

    Sec. 1471.  Of <<NOTE: Rescissions.>> the unobligated balances from 
prior year appropriations available for ``Department of Energy, Atomic 
Energy

[[Page 125 STAT. 131]]

Defense Activities, National Nuclear Security Administration, Weapons 
Activities'', $50,000,000 is rescinded.

    Sec. 1472.  Of <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> the unobligated balances from 
prior year appropriations available for ``Independent Agencies, Denali 
Commission'', $15,000,000 is rescinded.

    Sec. 1478.  Within <<NOTE: Deadline. Plans.>> 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

[[Page 125 STAT. 132]]

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 <<NOTE: Rescission.>> 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.

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>>  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''.

[[Page 125 STAT. 134]]

    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 <<NOTE: Applicability.>> 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.

[[Page 125 STAT. 135]]

    Sec. 1535. (a) <<NOTE: Applicability.>> 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 <<NOTE: 123 Stat. 3222.>> 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.

[[Page 125 STAT. 136]]

    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 <<NOTE: Plans. Deadlines. Notification.>> 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.

[[Page 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Applicability.>>  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''.

[[Page 125 STAT. 138]]

            (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 <<NOTE: Applicability.>> 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 <<NOTE: 123 Stat. 
3203.>> is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.

    Sec. 1572.  Section <<NOTE: Applicability.>> 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. <<NOTE: 12 USC 5496a.>> 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. <<NOTE: 12 USC 5496b.>> 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

[[Page 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 <<NOTE: 12 USC 5496a note.>> 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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Deadline. Expenditure plan.>> 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

[[Page 125 STAT. 140]]

(Public Law 111-83) and the classified annex accompanying this division: 
Provided, That <<NOTE: Expenditure plans. Deadline.>> 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

[[Page 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'' <<NOTE: Applicability.>> 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 <<NOTE: Deadline. Reports.>> 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)

[[Page 125 STAT. 142]]

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 <<NOTE: Deadline. Staffing levels.>> Protective Service: 
Provided, That, no later than September 30, 2011, the Federal Protective 
Service shall maintain

[[Page 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 <<NOTE: Applicability.>> 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

[[Page 125 STAT. 144]]

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, <<NOTE: Deadlines. Reports.>> 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

[[Page 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--

[[Page 125 STAT. 146]]

            (1) completed 50 percent of design planning for the National 
        Bio- and Agro-defense Facility, and
            (2) submitted <<NOTE: Assessment.>> 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-and-
        mouth disease virus, in particular epidemiological and economic 
        impact modeling to determine the overall risk of operating the 
        facility for its expected 50-year life span, taking into account 
        strategies to mitigate risk of foot-and-mouth disease virus 
        release from the laboratory and ensure safe operations at the 
        approved National Bio- and Agro-defense Facility site;
            (2) address the impact of surveillance, response, and 
        mitigation plans (developed in consultation with local, State, 
        and Federal authorities and appropriate stakeholders) if a 
        release occurs, to detect and control the spread of disease; and
            (3) include overall risks of the most dangerous pathogens 
        the Department of Homeland Security expects to hold in the 
        National Bio- and Agro-defense Facility's biosafety level 4 
        facility, and effectiveness of mitigation strategies to reduce 
        those risks.

    (d) The <<NOTE: Contracts.>> 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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: 123 Stat. 
2168.>> amended by adding at the end the following:

    ``(e) The <<NOTE: Applicability.>> 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''.

[[Page 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Rescissions.>> 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''.

[[Page 125 STAT. 148]]

            (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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescission.>> the unobligated balances made 
available under section 44945 of title 49, United States Code, $800,000 
is rescinded.

    Sec. 1659.  Of <<NOTE: Rescission.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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

[[Page 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 <<NOTE: Rescission.>> 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'' <<NOTE: Applicability.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Applicability.>> 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.

[[Page 125 STAT. 150]]

    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 <<NOTE: Time period. Regulations.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Rescission. 16 USC 460l-10a note.>> 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 <<NOTE: Rescission.>> 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'' <<NOTE: Applicability.>> 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 Offshore 
Minerals Management'' <<NOTE: Applicability.>> shall be $239,478,000: 
Provided,

[[Page 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 <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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 <<NOTE: Rescission.>>  of the unobligated balances available under 
such heading in division A of Public Law 111-88 and prior appropriations 
Acts, $200,000,000

[[Page 125 STAT. 152]]

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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>>  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 <<NOTE: Proposed 
allocation. Deadline.>> Administrator of the Environmental Protection 
Agency shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate

[[Page 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 <<NOTE: Applicability.>> 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'' <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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, <<NOTE: Rescission.>> 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

[[Page 125 STAT. 154]]

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 <<NOTE: Applicability.>>  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'' <<NOTE: Applicability.>> 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 <<NOTE: 123 Stat. 2953.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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.

[[Page 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, <<NOTE: 16 USC 461 note.>> is further 
amended by striking ``5 years'' and inserting ``6 years''.

    Sec. 1768.  Not <<NOTE: Deadline. Plan.>> 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 <<NOTE: Applicability.>> 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

[[Page 125 STAT. 156]]

        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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>> 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,

[[Page 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 <<NOTE: Applicability.>>  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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: 29 USC 563.>> 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

[[Page 125 STAT. 158]]

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 <<NOTE: Waiver authority.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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

[[Page 125 STAT. 159]]

relate to mine <<NOTE: Notification. Deadline.>> 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 <<NOTE: Applicability.>> 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.  <<NOTE: Applicability.>> 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

[[Page 125 STAT. 160]]

be $3,470,242,000, of which the level for the Research, Demonstration, 
and Evaluation program shall be $35,600,000.
    (b) The <<NOTE: Applicability.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Applicability.>> 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.

[[Page 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 self-management 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: <<NOTE: Applicability.>> 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: <<NOTE: Applicability.>> Provided further, That 
amounts included under such heading in division D of Public Law 111-

[[Page 125 STAT. 162]]

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.  <<NOTE: Rescission.>> 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. <<NOTE: 42 USC 300u-6a note.>> 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. <<NOTE: 42 USC 239l-3 note.>> (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

[[Page 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 <<NOTE: Applicability.>>  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 not-for-profit 
organizations.
    (b) The seventh proviso shall be applied 
by <<NOTE: Applicability.>>  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 <<NOTE: Spending plan.>>  
        section: Provided, That none of such funds shall be made 
        available prior to

[[Page 125 STAT. 164]]

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 <<NOTE: Grants.>>  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 <<NOTE: Evaluations.>> 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), <<NOTE: 123 Stat. 282.>> 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-- <<NOTE: 123 Stat. 283.>> 
                    (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''

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE:  Grants. 20 USC 1070a note.>> maximum Pell grant for 
which a student shall be eligible during award year 2011-2012 shall be 
$4,860.

    Sec. 1840.  Of <<NOTE: Rescission.>> 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

[[Page 125 STAT. 166]]

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 <<NOTE: Grants.>>  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) <<NOTE: Time period.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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''.

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: Rescission.>> 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 comparative 
effectiveness research funding and medicare actuarial 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,

[[Page 125 STAT. 168]]

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 <<NOTE: Cancellation.>> 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 <<NOTE: 42 USC 18101.>> repealed.

    (b) Conforming Changes to Tax Code.--
            (1) Section <<NOTE: 26 USC 36B.>> 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 <<NOTE: 26 USC 139D. Repeal.>> 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.

[[Page 125 STAT. 169]]

            (3) Section 162(a) of such <<NOTE: 26 USC 162.>> Code is 
        amended by striking the last sentence.
            (4) Section 4980H(b) of such <<NOTE: 26 USC 4980H.>> Code is 
        amended by striking paragraph (3).
            (5) Section 6056 of such <<NOTE: 26 USC 6056.>> 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 <<NOTE: 29 USC 218b.>> amended 
by striking ``and the employer does not offer a free choice voucher''.

    (d) Effective <<NOTE: 26 USC 36B note.>> 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 <<NOTE: Cancellation.>> 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

[[Page 125 STAT. 170]]

            (4) by redesignating paragraphs (6), (7), and (8) as 
        paragraphs (5), (6), and (7), respectively.

    (b) The <<NOTE: 20 USC 1070a note.>> amendment made by subsection 
(a)(2) shall be effective with respect to the 2011-2012 award year and 
succeeding award years.

    (c) Sections <<NOTE: 20 USC 1089 note.>> 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 <<NOTE: Deadline. Plans.>> 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.

[[Page 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.

[[Page 125 STAT. 172]]

    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 <<NOTE: Effective date. 44 USC 305 note.>> 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

[[Page 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, Defense-Wide'', $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 <<NOTE: Deadline. Spending plan.>> 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, Defense-Wide'', $124,971,000; 
``Department of Defense Base Closure Account 1990'', $360,474,000; and 
``Department of Defense Base Closure Account 2005'', $2,354,285,000.
    Sec. 2004.  Notwithstanding section 1101, the level for each of the 
following accounts of the Department of Defense shall be as follows: 
``Family Housing Operation and Maintenance, Army'', $518,140,000; 
``Family Housing Operation and Maintenance, Navy and Marine Corps'', 
$366,346,000; ``Family Housing Operation and Maintenance, Air Force'', 
$513,792,000; and ``Family Housing Operation and Maintenance, Defense-
Wide'', $50,464,000.
    Sec. 2005.  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

[[Page 125 STAT. 174]]

of $350,000,000, under the heading ``Military Construction, Army''; the 
first and last provisos under the heading ``Military Construction, Navy 
and Marine Corps''; the first, second, and last provisos under the 
heading ``Military Construction, Air Force''; the second, third, fourth, 
and last provisos under the heading ``Military Construction, Defense-
Wide'', the first, second and last provisos, and the set-aside of 
$30,000,000, under the heading ``Military Construction, Army National 
Guard''; the first, second, and last provisos, and the set-aside of 
$30,000,000, under the heading ``Military Construction, Air National 
Guard''; the first, second, and last provisos, and the set-aside of 
$30,000,000, under the heading ``Military Construction, Army Reserve''; 
the first, second, and last provisos, the set-aside of $20,000,000, and 
the set-aside of $35,000,000, under the heading ``Military Construction, 
Navy Reserve''; the first, second, and last provisos, and the set-aside 
of $55,000,000, under the heading ``Military Construction, Air Force 
Reserve''; the proviso under the heading ``Family 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescissions.>> 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.

[[Page 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 <<NOTE: Rescissions.>> 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 <<NOTE: Notification.>> additional funds may be transferred from 
accounts designated in this section to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Veterans Affairs to the 
Committees on Appropriations of both Houses of Congress.

    Sec. 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

[[Page 125 STAT. 176]]

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 <<NOTE: Rescissions.>> 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'' <<NOTE: Deadline. Spending plan.>> 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 <<NOTE: Rescissions.>> 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

[[Page 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 <<NOTE: Definition.>> 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

[[Page 125 STAT. 178]]

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 <<NOTE: Applicability.>> 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 <<NOTE: Foreign 
countries. Child soldiers.>> 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,

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: Chad. Reports. Child soldiers.>> 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) <<NOTE: Applicability.>> 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.

[[Page 125 STAT. 180]]

    (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) <<NOTE: Rescissions.>> 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'',

[[Page 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 <<NOTE: Cancellation.>> 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) <<NOTE: President. Reports.>> 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 <<NOTE: Deadline. Operating plan.>> 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 <<NOTE: Consultation.>> 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

[[Page 125 STAT. 182]]

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) <<NOTE: Applicability.>> 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).

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>>  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 <<NOTE: Notification.>> 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

[[Page 125 STAT. 184]]

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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Afghanistan. Pakistan. Certification.>> 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 <<NOTE: Applicability. Notification.>> 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) <<NOTE: Applicability.>> 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 <<NOTE: Determination.>> 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

[[Page 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 <<NOTE: Determination. Reports. Spending 
plan.>> 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-

[[Page 125 STAT. 186]]

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 <<NOTE: Applicability. Afghanistan.>> 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 <<NOTE: Certification. Reports.>> 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 anti-
        corruption strategy for Afghanistan.
            (3) Funds will be programmed to support and strengthen the 
        capacity of Afghan public and private institutions and entities 
        to reduce corruption and to improve transparency and 
        accountability of national, provincial, and local governments, 
        as outlined in the spending plan submitted to the Committees on 
        Appropriations on October 26, 2010 (CN 10-298).
            (4) Representatives of Afghan national, provincial, or local 
        governments, local communities, and civil society organizations, 
        as appropriate, will be consulted and participate in the design 
        of programs, projects, and activities, including participation 
        in implementation and oversight, and the development of specific 
        benchmarks to measure progress and outcomes.
            (5) Funds will be used to train and deploy additional United 
        States Government direct-hire personnel to improve monitoring 
        and control of assistance.

[[Page 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 <<NOTE: Determination. Reports.>> 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.

[[Page 125 STAT. 188]]

            (3) The <<NOTE: Extension. Applicability.>> 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 <<NOTE: Consultation.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Deadline. Spending plan.>> 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) <<NOTE: Deadline. Audit. Inspection plan.>> 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 <<NOTE: 124 Stat. 2326.>> 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 <<NOTE: 124 Stat. 
2326.>> 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''.

[[Page 125 STAT. 189]]

    (3) Section 1004(e)(1) of Public Law 111-212 <<NOTE: 124 Stat. 
2326.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Spending plan.>> 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 <<NOTE: Deadline. Reports.>> 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

[[Page 125 STAT. 190]]

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 paid-in portion of the increase in 
capital stock.
    (b) Limitation on Callable Capital Subscriptions.--The United States 
Governor of the Asian Development Bank may subscribe without fiscal year 
limitation to the callable capital portion of the United States share of 
such capital stock in an amount not to exceed $2,558,048,769.
    (c) 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

[[Page 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. <<NOTE: 22 USC 285dd.>> 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. <<NOTE: 22 USC 285ee.>> 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, <<NOTE: Applicability.>> 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

[[Page 125 STAT. 192]]

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 <<NOTE: Applicability.>>  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 <<NOTE: Rescissions.>> 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) <<NOTE: States. Determination.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescissions.>> 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 <<NOTE: Audits.>> the amount made available for 
``Department of Transportation, Motor Carrier Safety Grants, 
(Liquidation of

[[Page 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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 <<NOTE: Rescission.>> 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:

[[Page 125 STAT. 194]]

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 <<NOTE: Transfer authority.>> 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 <<NOTE: Approval.>> 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;

[[Page 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 <<NOTE: Contracts.>> Public Law: Provided further, That paragraph 
(5) under such heading in such <<NOTE: 123 Stat. 3078.>> 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 <<NOTE: Grants.>> 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,

[[Page 125 STAT. 196]]

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 project-based 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 <<NOTE: Applicability.>> 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.

[[Page 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 <<NOTE: Applicability.>> 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 <<NOTE: 12 USC 1701g 
note; 42 USC 8013 note.>> are each amended to read as follows: 
``Provided, That <<NOTE: Time period.>> 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 <<NOTE: Expenditure plan.>> 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

[[Page 125 STAT. 198]]

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 <<NOTE: Transfer authority.>> 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, <<NOTE: Plans.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Salaries.>> 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.

[[Page 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 <<NOTE: Scholarships for Opportunity and 
Results Act. District of Columbia.>>  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,

[[Page 125 STAT. 200]]

        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 low-income 
        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 <<NOTE: Grants.>> 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.

[[Page 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;

[[Page 125 STAT. 202]]

                    (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

[[Page 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 <<NOTE: Effective 
                      date.>>  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

[[Page 125 STAT. 204]]

                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

[[Page 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

[[Page 125 STAT. 206]]

        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 <<NOTE: Contracts.>> 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:

[[Page 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.

[[Page 125 STAT. 208]]

    (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

[[Page 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.-- 
        <<NOTE: Contracts.>> 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.-- <<NOTE: Notice. Determination.>> 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

[[Page 125 STAT. 210]]

        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 
                previouslyreceived such scholarships.

    (c) Multiyear <<NOTE: Grants. Contracts. Extension.>> 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) <<NOTE: Applicability.>> 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.

[[Page 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.

[[Page 125 STAT. 212]]

    (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.

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.

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