I 

112TH CONGRESS 

1ST SESSION H. R. 1473 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2011 

Mr. ROGERS of Kentucky introduced the following bill; which was referred to 

the Committee on Appropriations, and in addition to the Committees on 

the Budget and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 and Full-Year Continuing Appropriations Act, 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Division A—Department of Defense Appropriations, 2011 

Division B—Full-Year Continuing Appropriations, 2011 

Division C—Scholarships for Opportunity and Results Act 

1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS, 2011 

3 The following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2011, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the 

16 Army on active duty, (except members of reserve compo17 nents provided for elsewhere), cadets, and aviation cadets; 

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

19 for payments pursuant to section 156 of Public Law 97– 

20 377, as amended (42 U.S.C. 402 note), and to the Depart21 ment of Defense Military Retirement Fund, 

22 $41,403,653,000. 


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1 MILITARY PERSONNEL, NAVY

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of sta4 tion travel (including all expenses thereof for organiza5 tional movements), and expenses of temporary duty travel 

6 between permanent duty stations, for members of the 

7 Navy on active duty (except members of the Reserve pro8 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

11 as amended (42 U.S.C. 402 note), and to the Department 

12 of Defense Military Retirement Fund, $25,912,449,000. 

13 MILITARY PERSONNEL, MARINE CORPS

14 For pay, allowances, individual clothing, subsistence, 

15 interest on deposits, gratuities, permanent change of sta16 tion travel (including all expenses thereof for organiza17 tional movements), and expenses of temporary duty travel 

18 between permanent duty stations, for members of the Ma19 rine Corps on active duty (except members of the Reserve 

20 provided for elsewhere); and for payments pursuant to sec21 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

22 402 note), and to the Department of Defense Military Re23 tirement Fund, $13,210,161,000. 


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1 MILITARY PERSONNEL, AIR FORCE

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of sta4 tion travel (including all expenses thereof for organiza5 tional movements), and expenses of temporary duty travel 

6 between permanent duty stations, for members of the Air 

7 Force on active duty (except members of reserve compo8 nents provided for elsewhere), cadets, and aviation cadets; 

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

10 for payments pursuant to section 156 of Public Law 97– 

11 377, as amended (42 U.S.C. 402 note), and to the Depart12 ment of Defense Military Retirement Fund, 

13 $27,105,755,000. 

14 RESERVE PERSONNEL, ARMY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Army Re17 serve on active duty under sections 10211, 10302, and 

18 3038 of title 10, United States Code, or while serving on 

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

20 States Code, in connection with performing duty specified 

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

22 while undergoing reserve training, or while performing 

23 drills or equivalent duty or other duty, and expenses au24 thorized by section 16131 of title 10, United States Code; 


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1 and for payments to the Department of Defense Military 

2 Retirement Fund, $4,333,165,000. 

3 RESERVE PERSONNEL, NAVY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Navy Re6 serve on active duty under section 10211 of title 10, 

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

8 section 12301(d) of title 10, United States Code, in con9 nection with performing duty specified in section 12310(a) 

10 of title 10, United States Code, or while undergoing re11 serve training, or while performing drills or equivalent 

12 duty, and expenses authorized by section 16131 of title 

13 10, United States Code; and for payments to the Depart14 ment of Defense Military Retirement Fund, 

15 $1,940,191,000. 

16 RESERVE PERSONNEL, MARINE CORPS

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Marine 

19 Corps Reserve on active duty under section 10211 of title 

20 10, United States Code, or while serving on active duty 

21 under section 12301(d) of title 10, United States Code, 

22 in connection with performing duty specified in section 

23 12310(a) of title 10, United States Code, or while under24 going reserve training, or while performing drills or equiv25 alent duty, and for members of the Marine Corps platoon 


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1 leaders class, and expenses authorized by section 16131 

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

3 Department of Defense Military Retirement Fund, 

4 $612,191,000. 

5 RESERVE PERSONNEL, AIR FORCE

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Air Force 

8 Reserve on active duty under sections 10211, 10305, and 

9 8038 of title 10, United States Code, or while serving on 

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

11 States Code, in connection with performing duty specified 

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

13 while undergoing reserve training, or while performing 

14 drills or equivalent duty or other duty, and expenses au15 thorized by section 16131 of title 10, United States Code; 

16 and for payments to the Department of Defense Military 

17 Retirement Fund, $1,650,797,000. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Army Na21 tional Guard while on duty under section 10211, 10302, 

22 or 12402 of title 10 or section 708 of title 32, United 

23 States Code, or while serving on duty under section 

24 12301(d) of title 10 or section 502(f) of title 32, United 

25 States Code, in connection with performing duty specified 


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

2 while undergoing training, or while performing drills or 

3 equivalent duty or other duty, and expenses authorized by 

4 section 16131 of title 10, United States Code; and for pay5 ments to the Department of Defense Military Retirement 

6 Fund, $7,511,296,000. 

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Air Na10 tional Guard on duty under section 10211, 10305, or 

11 12402 of title 10 or section 708 of title 32, United States 

12 Code, or while serving on duty under section 12301(d) of 

13 title 10 or section 502(f) of title 32, United States Code, 

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going training, or while performing drills or equivalent 

17 duty or other duty, and expenses authorized by section 

18 16131 of title 10, United States Code; and for payments 

19 to the Department of Defense Military Retirement Fund, 

20 $3,060,098,000. 

21 TITLE II 

22 OPERATION AND MAINTENANCE 

23 OPERATION AND MAINTENANCE, ARMY

24 For expenses, not otherwise provided for, necessary 

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1 ized by law; and not to exceed $12,478,000 can be used 

2 for emergencies and extraordinary expenses, to be ex3 pended on the approval or authority of the Secretary of 

4 the Army, and payments may be made on his certificate 

5 of necessity for confidential military purposes, 

6 $33,306,117,000. 

7 OPERATION AND MAINTENANCE, NAVY

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of the Navy and the 

10 Marine Corps, as authorized by law; and not to exceed 

11 $14,804,000 can be used for emergencies and extraor12 dinary expenses, to be expended on the approval or author13 ity of the Secretary of the Navy, and payments may be 

14 made on his certificate of necessity for confidential mili15 tary purposes, $37,809,239,000. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance of the Marine Corps, 

19 as authorized by law, $5,539,740,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Air Force, as 

23 authorized by law; and not to exceed $7,699,000 can be 

24 used for emergencies and extraordinary expenses, to be ex25 pended on the approval or authority of the Secretary of 


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1 the Air Force, and payments may be made on his certifi2 cate of necessity for confidential military purposes, 

3 $36,062,989,000. 

4 OPERATION AND MAINTENANCE, DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of activities and agen8 cies of the Department of Defense (other than the military 

9 departments), as authorized by law, $30,210,810,000: 

10 Provided, That not more than $50,000,000 may be used 

11 for the Combatant Commander Initiative Fund authorized 

12 under section 166a of title 10, United States Code: Pro13 vided further, That not to exceed $36,000,000 can be used 

14 for emergencies and extraordinary expenses, to be ex15 pended on the approval or authority of the Secretary of 

16 Defense, and payments may be made on his certificate of 

17 necessity for confidential military purposes: Provided fur18 ther, That of the funds provided under this heading, not 

19 less than $31,659,000 shall be made available for the Pro20 curement Technical Assistance Cooperative Agreement 

21 Program, of which not less than $3,600,000 shall be avail22 able for centers defined in 10 U.S.C. 2411(1)(D): Pro23 vided further, That none of the funds appropriated or oth24 erwise made available by this Act may be used to plan 

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1 tions liaison office of the Office of the Secretary of De2 fense, the office of the Secretary of a military department, 

3 or the service headquarters of one of the Armed Forces 

4 into a legislative affairs or legislative liaison office: Pro5 vided further, That $8,251,000, to remain available until 

6 expended, is available only for expenses relating to certain 

7 classified activities, and may be transferred as necessary 

8 by the Secretary of Defense to operation and maintenance 

9 appropriations or research, development, test and evalua10 tion appropriations, to be merged with and to be available 

11 for the same time period as the appropriations to which 

12 transferred: Provided further, That any ceiling on the in13 vestment item unit cost of items that may be purchased 

14 with operation and maintenance funds shall not apply to 

15 the funds described in the preceding proviso: Provided fur16 ther, That the transfer authority provided under this head17 ing is in addition to any other transfer authority provided 

18 elsewhere in this Act. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Army Reserve; re23 pair of facilities and equipment; hire of passenger motor 

24 vehicles; travel and transportation; care of the dead; reVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,840,427,000. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Navy Reserve; re7 pair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $1,344,264,000. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Marine Corps Re16 serve; repair of facilities and equipment; hire of passenger 

17 motor vehicles; travel and transportation; care of the dead; 

18 recruiting; procurement of services, supplies, and equip19 ment; and communications, $275,484,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Air Force Reserve; 

24 repair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; reVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $3,291,027,000. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For expenses of training, organizing, and admin6 istering the Army National Guard, including medical and 

7 hospital treatment and related expenses in non-Federal 

8 hospitals; maintenance, operation, and repairs to struc9 tures and facilities; hire of passenger motor vehicles; per10 sonnel services in the National Guard Bureau; travel ex11 penses (other than mileage), as authorized by law for 

12 Army personnel on active duty, for Army National Guard 

13 division, regimental, and battalion commanders while in14 specting units in compliance with National Guard Bureau 

15 regulations when specifically authorized by the Chief, Na16 tional Guard Bureau; supplying and equipping the Army 

17 National Guard as authorized by law; and expenses of re18 pair, modification, maintenance, and issue of supplies and 

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

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For expenses of training, organizing, and admin22 istering the Air National Guard, including medical and 

23 hospital treatment and related expenses in non-Federal 

24 hospitals; maintenance, operation, and repairs to struc25 tures and facilities; transportation of things, hire of pasVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 senger motor vehicles; supplying and equipping the Air 

2 National Guard, as authorized by law; expenses for repair, 

3 modification, maintenance, and issue of supplies and 

4 equipment, including those furnished from stocks under 

5 the control of agencies of the Department of Defense; 

6 travel expenses (other than mileage) on the same basis as 

7 authorized by law for Air National Guard personnel on 

8 active Federal duty, for Air National Guard commanders 

9 while inspecting units in compliance with National Guard 

10 Bureau regulations when specifically authorized by the 

11 Chief, National Guard Bureau, $5,963,839,000. 

12 UNITED STATES COURT OF APPEALS FOR THE ARMED

13 FORCES

14 For salaries and expenses necessary for the United 

15 States Court of Appeals for the Armed Forces, 

16 $14,068,000, of which not to exceed $5,000 may be used 

17 for official representation purposes. 

18 ENVIRONMENTAL RESTORATION, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

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

21 remain available until transferred: Provided, That the Sec22 retary of the Army shall, upon determining that such 

23 funds are required for environmental restoration, reduc24 tion and recycling of hazardous waste, removal of unsafe 

25 buildings and debris of the Department of the Army, or 


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1 for similar purposes, transfer the funds made available by 

2 this appropriation to other appropriations made available 

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

4 to be available for the same purposes and for the same 

5 time period as the appropriations to which transferred: 

6 Provided further, That upon a determination that all or 

7 part of the funds transferred from this appropriation are 

8 not necessary for the purposes provided herein, such 

9 amounts may be transferred back to this appropriation: 

10 Provided further, That the transfer authority provided 

11 under this heading is in addition to any other transfer au12 thority provided elsewhere in this Act. 

13 ENVIRONMENTAL RESTORATION, NAVY

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of the Navy, $304,867,000, to 

16 remain available until transferred: Provided, That the Sec17 retary of the Navy shall, upon determining that such 

18 funds are required for environmental restoration, reduc19 tion and recycling of hazardous waste, removal of unsafe 

20 buildings and debris of the Department of the Navy, or 

21 for similar purposes, transfer the funds made available by 

22 this appropriation to other appropriations made available 

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

24 to be available for the same purposes and for the same 

25 time period as the appropriations to which transferred: 


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1 Provided further, That upon a determination that all or 

2 part of the funds transferred from this appropriation are 

3 not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation: 

5 Provided further, That the transfer authority provided 

6 under this heading is in addition to any other transfer au7 thority provided elsewhere in this Act. 

8 ENVIRONMENTAL RESTORATION, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Air Force, $502,653,000, 

11 to remain available until transferred: Provided, That the 

12 Secretary of the Air Force shall, upon determining that 

13 such funds are required for environmental restoration, re14 duction and recycling of hazardous waste, removal of un15 safe buildings and debris of the Department of the Air 

16 Force, or for similar purposes, transfer the funds made 

17 available by this appropriation to other appropriations 

18 made available to the Department of the Air Force, to be 

19 merged with and to be available for the same purposes 

20 and for the same time period as the appropriations to 

21 which transferred: Provided further, That upon a deter22 mination that all or part of the funds transferred from 

23 this appropriation are not necessary for the purposes pro24 vided herein, such amounts may be transferred back to 

25 this appropriation: Provided further, That the transfer auVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 thority provided under this heading is in addition to any 

2 other transfer authority provided elsewhere in this Act. 

3 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of Defense, $10,744,000, to re6 main available until transferred: Provided, That the Sec7 retary of Defense shall, upon determining that such funds 

8 are required for environmental restoration, reduction and 

9 recycling of hazardous waste, removal of unsafe buildings 

10 and debris of the Department of Defense, or for similar 

11 purposes, transfer the funds made available by this appro12 priation to other appropriations made available to the De13 partment of Defense, to be merged with and to be avail14 able for the same purposes and for the same time period 

15 as the appropriations to which transferred: Provided fur16 ther, That upon a determination that all or part of the 

17 funds transferred from this appropriation are not nec18 essary for the purposes provided herein, such amounts 

19 may be transferred back to this appropriation: Provided 

20 further, That the transfer authority provided under this 

21 heading is in addition to any other transfer authority pro22 vided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

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

5 remain available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such 

7 funds are required for environmental restoration, reduc8 tion and recycling of hazardous waste, removal of unsafe 

9 buildings and debris at sites formerly used by the Depart10 ment of Defense, transfer the funds made available by this 

11 appropriation to other appropriations made available to 

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

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

14 period as the appropriations to which transferred: Pro15 vided further, That upon a determination that all or part 

16 of the funds transferred from this appropriation are not 

17 necessary for the purposes provided herein, such amounts 

18 may be transferred back to this appropriation: Provided 

19 further, That the transfer authority provided under this 

20 heading is in addition to any other transfer authority pro21 vided elsewhere in this Act. 

22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

23 For expenses relating to the Overseas Humanitarian, 

24 Disaster, and Civic Aid programs of the Department of 

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1 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

2 United States Code), $108,032,000, to remain available 

3 until September 30, 2012. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance to the republics of the former Soviet 

6 Union and, with appropriate authorization by the Depart7 ment of Defense and Department of State, to countries 

8 outside of the former Soviet Union, including assistance 

9 provided by contract or by grants, for facilitating the 

10 elimination and the safe and secure transportation and 

11 storage of nuclear, chemical and other weapons; for estab12 lishing programs to prevent the proliferation of weapons, 

13 weapons components, and weapon-related technology and 

14 expertise; for programs relating to the training and sup15 port of defense and military personnel for demilitarization 

16 and protection of weapons, weapons components and 

17 weapons technology and expertise, and for defense and 

18 military contacts, $522,512,000, to remain available until 

19 September 30, 2013: Provided, That of the amounts pro20 vided under this heading, not less than $13,500,000 shall 

21 be available only to support the dismantling and disposal 

22 of nuclear submarines, submarine reactor components, 

23 and security enhancements for transport and storage of 

24 nuclear warheads in the Russian Far East and North. 


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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $217,561,000. 

5 TITLE III 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

8 For construction, procurement, production, modifica9 tion, and modernization of aircraft, equipment, including 

10 ordnance, ground handling equipment, spare parts, and 

11 accessories therefor; specialized equipment and training 

12 devices; expansion of public and private plants, including 

13 the land necessary therefor, for the foregoing purposes, 

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

15 and construction prosecuted thereon prior to approval of 

16 title; and procurement and installation of equipment, ap17 pliances, and machine tools in public and private plants; 

18 reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

20 foregoing purposes, $5,254,791,000, to remain available 

21 for obligation until September 30, 2013. 

22 MISSILE PROCUREMENT, ARMY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, equipment, including 

25 ordnance, ground handling equipment, spare parts, and 


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1 accessories therefor; specialized equipment and training 

2 devices; expansion of public and private plants, including 

3 the land necessary therefor, for the foregoing purposes, 

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

5 and construction prosecuted thereon prior to approval of 

6 title; and procurement and installation of equipment, ap7 pliances, and machine tools in public and private plants; 

8 reserve plant and Government and contractor-owned 

9 equipment layaway; and other expenses necessary for the 

10 foregoing purposes, $1,570,108,000, to remain available 

11 for obligation until September 30, 2013. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For construction, procurement, production, and 

15 modification of weapons and tracked combat vehicles, 

16 equipment, including ordnance, spare parts, and acces17 sories therefor; specialized equipment and training devices; 

18 expansion of public and private plants, including the land 

19 necessary therefor, for the foregoing purposes, and such 

20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; and 

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 

25 layaway; and other expenses necessary for the foregoing 


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1 purposes, $1,461,086,000, to remain available for obliga2 tion until September 30, 2013. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities, au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

16 for the foregoing purposes, $1,847,066,000, to remain 

17 available for obligation until September 30, 2013. 

18 OTHER PROCUREMENT, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

20 For construction, procurement, production, and 

21 modification of vehicles, including tactical, support, and 

22 non-tracked combat vehicles; the purchase of passenger 

23 motor vehicles for replacement only; communications and 

24 electronic equipment; other support equipment; spare 

25 parts, ordnance, and accessories therefor; specialized 


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1 equipment and training devices; expansion of public and 

2 private plants, including the land necessary therefor, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; and procurement and 

6 installation of equipment, appliances, and machine tools 

7 in public and private plants; reserve plant and Govern8 ment and contractor-owned equipment layaway; and other 

9 expenses necessary for the foregoing purposes, 

10 $8,145,665,000, to remain available for obligation until 

11 September 30, 2013: Provided, That of the funds made 

12 available in this paragraph, $15,000,000 shall be made 

13 available to procure equipment, not otherwise provided for, 

14 and may be transferred to other procurement accounts 

15 available to the Department of the Army, and that funds 

16 so transferred shall be available for the same purposes and 

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

18 AIRCRAFT PROCUREMENT, NAVY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including 

21 ordnance, spare parts, and accessories therefor; specialized 

22 equipment; expansion of public and private plants, includ23 ing the land necessary therefor, and such lands and inter24 ests therein, may be acquired, and construction prosecuted 

25 thereon prior to approval of title; and procurement and 


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1 installation of equipment, appliances, and machine tools 

2 in public and private plants; reserve plant and Govern3 ment and contractor-owned equipment layaway, 

4 $16,170,868,000, to remain available for obligation until 

5 September 30, 2013. 

6 WEAPONS PROCUREMENT, NAVY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, torpedoes, other weap9 ons, and related support equipment including spare parts, 

10 and accessories therefor; expansion of public and private 

11 plants, including the land necessary therefor, and such 

12 lands and interests therein, may be acquired, and con13 struction prosecuted thereon prior to approval of title; and 

14 procurement and installation of equipment, appliances, 

15 and machine tools in public and private plants; reserve 

16 plant and Government and contractor-owned equipment 

17 layaway, $3,221,957,000, to remain available for obliga18 tion until September 30, 2013. 

19 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

20 CORPS

21 For construction, procurement, production, and 

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities, au25 thorized by section 2854 of title 10, United States Code, 


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1 and the land necessary therefor, for the foregoing pur2 poses, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title; and procurement and installation of equip5 ment, appliances, and machine tools in public and private 

6 plants; reserve plant and Government and contractor7 owned equipment layaway; and other expenses necessary 

8 for the foregoing purposes, $790,527,000, to remain avail9 able for obligation until September 30, 2013. 

10 SHIPBUILDING AND CONVERSION, NAVY

11 For expenses necessary for the construction, acquisi12 tion, or conversion of vessels as authorized by law, includ13 ing armor and armament thereof, plant equipment, appli14 ances, and machine tools and installation thereof in public 

15 and private plants; reserve plant and Government and con16 tractor-owned equipment layaway; procurement of critical, 

17 long lead time components and designs for vessels to be 

18 constructed or converted in the future; and expansion of 

19 public and private plants, including land necessary there20 for, and such lands and interests therein, may be acquired, 

21 and construction prosecuted thereon prior to approval of 

22 title, as follows: 

23 Carrier Replacement Program, $1,721,969,000; 

24 Carrier Replacement Program (AP), 

25 $908,313,000; 


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1 NSSN, $3,430,343,000; 

2 NSSN (AP), $1,691,236,000; 

3 CVN Refueling, $1,248,999,000; 

4 CVN Refuelings (AP), $408,037,000; 

5 DDG–1000 Program, $77,512,000; 

6 DDG–51 Destroyer, $2,868,454,000; 

7 DDG–51 Destroyer (AP), $47,984,000; 

8 Littoral Combat Ship, $1,168,984,000; 

9 Littoral Combat Ship (AP), $190,351,000; 

10 LHA–R, $942,837,000; 

11 Joint High Speed Vessel, $180,703,000; 

12 Oceanographic Ships, $88,561,000; 

13 LCAC Service Life Extension Program, 

14 $83,035,000; 

15 Service Craft, $13,770,000; and 

16 For outfitting, post delivery, conversions, and 

17 first destination transportation, $295,570,000. 

18 In all: $15,366,658,000, to remain available for obli19 gation until September 30, 2015: Provided, That addi20 tional obligations may be incurred after September 30, 

21 2015, for engineering services, tests, evaluations, and 

22 other such budgeted work that must be performed in the 

23 final stage of ship construction: Provided further, That 

24 none of the funds provided under this heading for the con25 struction or conversion of any naval vessel to be conVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 structed in shipyards in the United States shall be ex2 pended in foreign facilities for the construction of major 

3 components of such vessel: Provided further, That none 

4 of the funds provided under this heading shall be used 

5 for the construction of any naval vessel in foreign ship6 yards. 

7 OTHER PROCUREMENT, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For procurement, production, and modernization of 

10 support equipment and materials not otherwise provided 

11 for, Navy ordnance (except ordnance for new aircraft, new 

12 ships, and ships authorized for conversion); the purchase 

13 of passenger motor vehicles for replacement only, and the 

14 purchase of seven vehicles required for physical security 

15 of personnel, notwithstanding price limitations applicable 

16 to passenger vehicles but not to exceed $250,000 per vehi17 cle; expansion of public and private plants, including the 

18 land necessary therefor, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

22 in public and private plants; reserve plant and Govern23 ment and contractor-owned equipment layaway, 

24 $5,804,963,000, to remain available for obligation until 

25 September 30, 2013: Provided, That of the funds made 


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1 available in this paragraph, $15,000,000 shall be made 

2 available to procure equipment, not otherwise provided for, 

3 and may be transferred to other procurement accounts 

4 available to the Department of the Navy, and that funds 

5 so transferred shall be available for the same purposes and 

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

7 PROCUREMENT, MARINE CORPS

8 For expenses necessary for the procurement, manu9 facture, and modification of missiles, armament, military 

10 equipment, spare parts, and accessories therefor; plant 

11 equipment, appliances, and machine tools, and installation 

12 thereof in public and private plants; reserve plant and 

13 Government and contractor-owned equipment layaway; ve14 hicles for the Marine Corps, including the purchase of pas15 senger motor vehicles for replacement only; and expansion 

16 of public and private plants, including land necessary 

17 therefor, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title, $1,236,436,000, to remain available for ob20 ligation until September 30, 2013. 

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of 

23 aircraft and equipment, including armor and armament, 

24 specialized ground handling equipment, and training de25 vices, spare parts, and accessories therefor; specialized 


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1 equipment; expansion of public and private plants, Gov2 ernment-owned equipment and installation thereof in such 

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

4 the foregoing purposes, and such lands and interests 

5 therein, may be acquired, and construction prosecuted 

6 thereon prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and 

8 other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, 

10 $13,483,739,000, to remain available for obligation until 

11 September 30, 2013: Provided, That none of the funds 

12 provided in this Act for modification of C–17 aircraft, 

13 Global Hawk Unmanned Aerial Vehicle and F–22 aircraft 

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

15 contracts funded with prior year ‘‘Aircraft Procurement, 

16 Air Force’’ appropriated funds are definitized unless the 

17 Secretary of the Air Force certifies in writing to the con18 gressional defense committees that each such obligation 

19 is necessary to meet the needs of a warfighting require20 ment or prevents increased costs to the taxpayer, and pro21 vides the reasons for failing to definitize the prior year 

22 contracts along with the prospective contract definitization 

23 schedule: Provided further, That the Secretary of the Air 

24 Force shall expand the current HH–60 Operational Loss 


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1 Replacement program to meet the approved HH–60 Re2 capitalization program requirements. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, spacecraft, rockets, and related equipment, in6 cluding spare parts and accessories therefor, ground han7 dling equipment, and training devices; expansion of public 

8 and private plants, Government-owned equipment and in9 stallation thereof in such plants, erection of structures, 

10 and acquisition of land, for the foregoing purposes, and 

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

16 things, $5,424,764,000, to remain available for obligation 

17 until September 30, 2013. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $731,487,000, to remain avail7 able for obligation until September 30, 2013. 

8 OTHER PROCUREMENT, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For procurement and modification of equipment (in11 cluding ground guidance and electronic control equipment, 

12 and ground electronic and communication equipment), 

13 and supplies, materials, and spare parts therefor, not oth14 erwise provided for; the purchase of passenger motor vehi15 cles for replacement only, and the purchase of two vehicles 

16 required for physical security of personnel, notwith17 standing price limitations applicable to passenger vehicles 

18 but not to exceed $250,000 per vehicle; lease of passenger 

19 motor vehicles; and expansion of public and private plants, 

20 Government-owned equipment and installation thereof in 

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

22 for the foregoing purposes, and such lands and interests 

23 therein, may be acquired, and construction prosecuted 

24 thereon, prior to approval of title; reserve plant and Gov25 ernment and contractor-owned equipment layaway, 


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1 $17,568,091,000, to remain available for obligation until 

2 September 30, 2013: Provided, That of the funds made 

3 available in this paragraph, $15,000,000 shall be made 

4 available to procure equipment, not otherwise provided for, 

5 and may be transferred to other procurement accounts 

6 available to the Department of the Air Force, and that 

7 funds so transferred shall be available for the same pur8 poses and the same time period as the account to which 

9 transferred. 

10 PROCUREMENT, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments) 

14 necessary for procurement, production, and modification 

15 of equipment, supplies, materials, and spare parts there16 for, not otherwise provided for; the purchase of passenger 

17 motor vehicles for replacement only; expansion of public 

18 and private plants, equipment, and installation thereof in 

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

20 for the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway, 

24 $4,009,321,000, to remain available for obligation until 

25 September 30, 2013: Provided, That of the funds made 


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1 available in this paragraph, $15,000,000 shall be made 

2 available to procure equipment, not otherwise provided for, 

3 and may be transferred to other procurement accounts 

4 available to the Department of Defense, and that funds 

5 so transferred shall be available for the same purposes and 

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

7 DEFENSE PRODUCTION ACT PURCHASES

8 For activities by the Department of Defense pursuant 

9 to sections 108, 301, 302, and 303 of the Defense Produc10 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

11 2093), $34,346,000, to remain available until expended. 

12 TITLE IV 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

17 For expenses necessary for basic and applied sci18 entific research, development, test and evaluation, includ19 ing maintenance, rehabilitation, lease, and operation of fa20 cilities and equipment, $9,710,998,000, to remain avail21 able for obligation until September 30, 2012. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 ing maintenance, rehabilitation, lease, and operation of fa2 cilities and equipment, $17,736,303,000, to remain avail3 able for obligation until September 30, 2012: Provided, 

4 That funds appropriated in this paragraph which are 

5 available for the V–22 may be used to meet unique oper6 ational requirements of the Special Operations Forces: 

7 Provided further, That funds appropriated in this para8 graph shall be available for the Cobra Judy program. 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 AIR FORCE

11 For expenses necessary for basic and applied sci12 entific research, development, test and evaluation, includ13 ing maintenance, rehabilitation, lease, and operation of fa14 cilities and equipment, $26,517,405,000, to remain avail15 able for obligation until September 30, 2012. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 DEFENSE-WIDE

18 For expenses of activities and agencies of the Depart19 ment of Defense (other than the military departments), 

20 necessary for basic and applied scientific research, devel21 opment, test and evaluation; advanced research projects 

22 as may be designated and determined by the Secretary 

23 of Defense, pursuant to law; maintenance, rehabilitation, 

24 lease, and operation of facilities and equipment, 

25 $20,797,412,000, to remain available for obligation until 


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1 September 30, 2012: Provided, That of the funds made 

2 available in this paragraph, $3,200,000 shall only be avail3 able for program management and oversight of innovative 

4 research and development. 

5 OPERATIONAL TEST AND EVALUATION, DEFENSE

6 For expenses, not otherwise provided for, necessary 

7 for the independent activities of the Director, Operational 

8 Test and Evaluation, in the direction and supervision of 

9 operational test and evaluation, including initial oper10 ational test and evaluation which is conducted prior to, 

11 and in support of, production decisions; joint operational 

12 testing and evaluation; and administrative expenses in 

13 connection therewith, $194,910,000, to remain available 

14 for obligation until September 30, 2012. 

15 TITLE V 

16 REVOLVING AND MANAGEMENT FUNDS 

17 DEFENSE WORKING CAPITAL FUNDS

18 For the Defense Working Capital Funds, 

19 $1,434,536,000. 

20 NATIONAL DEFENSE SEALIFT FUND

21 For National Defense Sealift Fund programs, 

22 projects, and activities, and for expenses of the National 

23 Defense Reserve Fleet, as established by section 11 of the 

24 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

25 and for the necessary expenses to maintain and preserve 


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1 a U.S.-flag merchant fleet to serve the national security 

2 needs of the United States, $1,474,866,000, to remain 

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

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

5 contract that provides for the acquisition of any of the 

6 following major components unless such components are 

7 manufactured in the United States: auxiliary equipment, 

8 including pumps, for all shipboard services; propulsion 

9 system components (engines, reduction gears, and propel10 lers); shipboard cranes; and spreaders for shipboard 

11 cranes: Provided further, That the exercise of an option 

12 in a contract awarded through the obligation of previously 

13 appropriated funds shall not be considered to be the award 

14 of a new contract: Provided further, That the Secretary 

15 of the military department responsible for such procure16 ment may waive the restrictions in the first proviso on 

17 a case-by-case basis by certifying in writing to the Com18 mittees on Appropriations of the House of Representatives 

19 and the Senate that adequate domestic supplies are not 

20 available to meet Department of Defense requirements on 

21 a timely basis and that such an acquisition must be made 

22 in order to acquire capability for national security pur23 poses. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $31,382,198,000; of which 

7 $29,671,764,000 shall be for operation and maintenance, 

8 of which not to exceed 1 percent shall remain available 

9 until September 30, 2012, and of which up to 

10 $16,212,121,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $534,921,000, to remain available for obligation until Sep13 tember 30, 2013, shall be for procurement; and of which 

14 $1,175,513,000, to remain available for obligation until 

15 September 30, 2012, shall be for research, development, 

16 test and evaluation: Provided, That, notwithstanding any 

17 other provision of law, of the amount made available under 

18 this heading for research, development, test and evalua19 tion, not less than $10,000,000 shall be available for HIV 

20 prevention educational activities undertaken in connection 

21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations. 


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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

5 chemical agents and munitions, to include construction of 

6 facilities, in accordance with the provisions of section 1412 

7 of the Department of Defense Authorization Act, 1986 

8 (50 U.S.C. 1521), and for the destruction of other chem9 ical warfare materials that are not in the chemical weapon 

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

11 be for operation and maintenance, of which no less than 

12 $111,178,000, shall be for the Chemical Stockpile Emer13 gency Preparedness Program, consisting of $35,130,000 

14 for activities on military installations and $76,048,000, to 

15 remain available until September 30, 2012, to assist State 

16 and local governments; $7,132,000 shall be for procure17 ment, to remain available until September 30, 2013; and 

18 $392,811,000, to remain available until September 30, 

19 2012, shall be for research, development, test and evalua20 tion, of which $385,868,000 shall only be for the Assem21 bled Chemical Weapons Alternatives (ACWA) program. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $1,156,957,000: Pro11 vided, That the funds appropriated under this heading 

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority contained elsewhere in this Act. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $306,794,000, 

25 of which $305,794,000 shall be for operation and mainteVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 nance, of which not to exceed $700,000 is available for 

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

4 payments may be made on the Inspector General’s certifi5 cate of necessity for confidential military purposes; and 

6 of which $1,000,000, to remain available until September 

7 30, 2013, shall be for procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

12 For payment to the Central Intelligence Agency Re13 tirement and Disability System Fund, to maintain the 

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $292,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 For necessary expenses of the Intelligence Commu19 nity Management Account, $649,732,000. 

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

23 in this Act shall be used for publicity or propaganda pur24 poses not authorized by the Congress. 


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1 SEC. 8002. During the current fiscal year, provisions 

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States 

4 shall not apply to personnel of the Department of Defense: 

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of 

7 Defense funded by this Act shall not be at a rate in excess 

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

10 computed under the provisions of section 5332 of title 5, 

11 United States Code, or at a rate in excess of the percent12 age increase provided by the appropriate host nation to 

13 its own employees, whichever is higher: Provided further, 

14 That, in the case of a host nation that does not provide 

15 salary increases on an annual basis, any increase granted 

16 by that nation shall be annualized for the purpose of ap17 plying the preceding proviso: Provided further, That this 

18 section shall not apply to Department of Defense foreign 

19 service national employees serving at United States diplo20 matic missions whose pay is set by the Department of 

21 State under the Foreign Service Act of 1980: Provided 

22 further, That the limitations of this provision shall not 

23 apply to foreign national employees of the Department of 

24 Defense in the Republic of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,000,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 


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•HR 1473 IH

1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

5 or any other authority in this Act: Provided further, That 

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

12 has been denied by the Congress: Provided further, That 

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2011: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

17 for purposes of the limitation on the amount of funds that 

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

22 such programs, projects, and activities) contained in the 

23 tables titled ‘‘Explanation of Project Level Adjustments’’ 

24 in the explanatory statement regarding this Act, the obli25 gation and expenditure of amounts appropriated or otherVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 wise made available in this Act for those programs, 

2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 

4 by law to be carried out in the manner provided by such 

5 tables to the same extent as if the tables were included 

6 in the text of this Act. 

7 (b) Amounts specified in the referenced tables de8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 

10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 

13 SEC. 8007. (a) Not later than 60 days after enact14 ment of this Act, the Department of Defense shall submit 

15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 

17 transfer authorities for fiscal year 2011: Provided, That 

18 the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the President’s budget re21 quest, adjustments made by Congress, adjustments 

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 


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•HR 1473 IH

1 project, and activity as detailed in the Budget Ap2 pendix; and 

3 (3) an identification of items of special congres4 sional interest. 

5 (b) Notwithstanding section 8005 of this Act, none 

6 of the funds provided in this Act shall be available for 

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement. 

13 (TRANSFER OF FUNDS)

14 SEC. 8008. During the current fiscal year, cash bal15 ances in working capital funds of the Department of De16 fense established pursuant to section 2208 of title 10, 

17 United States Code, may be maintained in only such 

18 amounts as are necessary at any time for cash disburse19 ments to be made from such funds: Provided, That trans20 fers may be made between such funds: Provided further, 

21 That transfers may be made between working capital 

22 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

23 appropriation and the ‘‘Operation and Maintenance’’ ap24 propriation accounts in such amounts as may be deter25 mined by the Secretary of Defense, with the approval of 


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1 the Office of Management and Budget, except that such 

2 transfers may not be made unless the Secretary of Defense 

3 has notified the Congress of the proposed transfer. Except 

4 in amounts equal to the amounts appropriated to working 

5 capital funds in this Act, no obligations may be made 

6 against a working capital fund to procure or increase the 

7 value of war reserve material inventory, unless the Sec8 retary of Defense has notified the Congress prior to any 

9 such obligation. 

10 SEC. 8009. Funds appropriated by this Act may not 

11 be used to initiate a special access program without prior 

12 notification 30 calendar days in advance to the congres13 sional defense committees. 

14 SEC. 8010. None of the funds provided in this Act 

15 shall be available to initiate: (1) a multiyear contract that 

16 employs economic order quantity procurement in excess of 

17 $20,000,000 in any one year of the contract or that in18 cludes an unfunded contingent liability in excess of 

19 $20,000,000; or (2) a contract for advance procurement 

20 leading to a multiyear contract that employs economic 

21 order quantity procurement in excess of $20,000,000 in 

22 any one year, unless the congressional defense committees 

23 have been notified at least 30 days in advance of the pro24 posed contract award: Provided, That no part of any ap25 propriation contained in this Act shall be available to iniVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 tiate a multiyear contract for which the economic order 

2 quantity advance procurement is not funded at least to 

3 the limits of the Government’s liability: Provided further, 

4 That no part of any appropriation contained in this Act 

5 shall be available to initiate multiyear procurement con6 tracts for any systems or component thereof if the value 

7 of the multiyear contract would exceed $500,000,000 un8 less specifically provided in this Act: Provided further, 

9 That no multiyear procurement contract can be termi10 nated without 10-day prior notification to the congres11 sional defense committees: Provided further, That the exe12 cution of multiyear authority shall require the use of a 

13 present value analysis to determine lowest cost compared 

14 to an annual procurement: Provided further, That none of 

15 the funds provided in this Act may be used for a multiyear 

16 contract executed after the date of the enactment of this 

17 Act unless in the case of any such contract— 

18 (1) the Secretary of Defense has submitted to 

19 Congress a budget request for full funding of units 

20 to be procured through the contract and, in the case 

21 of a contract for procurement of aircraft, that in22 cludes, for any aircraft unit to be procured through 

23 the contract for which procurement funds are re24 quested in that budget request for production be25 yond advance procurement activities in the fiscal 


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1 year covered by the budget, full funding of procure2 ment of such unit in that fiscal year; 

3 (2) cancellation provisions in the contract do 

4 not include consideration of recurring manufacturing 

5 costs of the contractor associated with the produc6 tion of unfunded units to be delivered under the con7 tract; 

8 (3) the contract provides that payments to the 

9 contractor under the contract shall not be made in 

10 advance of incurred costs on funded units; and 

11 (4) the contract does not provide for a price ad12 justment based on a failure to award a follow-on 

13 contract. 

14 Funds appropriated in title III of this Act may be 

15 used for a multiyear procurement contract as follows: 

16 Navy MH–60R/S Helicopter Systems. 

17 SEC. 8011. Within the funds appropriated for the op18 eration and maintenance of the Armed Forces, funds are 

19 hereby appropriated pursuant to section 401 of title 10, 

20 United States Code, for humanitarian and civic assistance 

21 costs under chapter 20 of title 10, United States Code. 

22 Such funds may also be obligated for humanitarian and 

23 civic assistance costs incidental to authorized operations 

24 and pursuant to authority granted in section 401 of chap25 ter 20 of title 10, United States Code, and these obligaVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 tions shall be reported as required by section 401(d) of 

2 title 10, United States Code: Provided, That funds avail3 able for operation and maintenance shall be available for 

4 providing humanitarian and similar assistance by using 

5 Civic Action Teams in the Trust Territories of the Pacific 

6 Islands and freely associated states of Micronesia, pursu7 ant to the Compact of Free Association as authorized by 

8 Public Law 99–239: Provided further, That upon a deter9 mination by the Secretary of the Army that such action 

10 is beneficial for graduate medical education programs con11 ducted at Army medical facilities located in Hawaii, the 

12 Secretary of the Army may authorize the provision of med13 ical services at such facilities and transportation to such 

14 facilities, on a nonreimbursable basis, for civilian patients 

15 from American Samoa, the Commonwealth of the North16 ern Mariana Islands, the Marshall Islands, the Federated 

17 States of Micronesia, Palau, and Guam. 

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

19 personnel of the Department of Defense may not be man20 aged on the basis of any end-strength, and the manage21 ment of such personnel during that fiscal year shall not 

22 be subject to any constraint or limitation (known as an 

23 end-strength) on the number of such personnel who may 

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


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1 (b) The fiscal year 2012 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2012 

4 Department of Defense budget request shall be prepared 

5 and submitted to the Congress as if subsections (a) and 

6 (b) of this provision were effective with regard to fiscal 

7 year 2012. 

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

9 to military (civilian) technicians. 

10 SEC. 8013. None of the funds made available by this 

11 Act shall be used in any way, directly or indirectly, to in12 fluence congressional action on any legislation or appro13 priation matters pending before the Congress. 

14 SEC. 8014. None of the funds appropriated by this 

15 Act shall be available for the basic pay and allowances of 

16 any member of the Army participating as a full-time stu17 dent and receiving benefits paid by the Secretary of Vet18 erans Affairs from the Department of Defense Education 

19 Benefits Fund when time spent as a full-time student is 

20 credited toward completion of a service commitment: Pro21 vided, That this section shall not apply to those members 

22 who have reenlisted with this option prior to October 1, 

23 1987: Provided further, That this section applies only to 

24 active components of the Army. 


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

2 this Act shall be available to convert to contractor per3 formance an activity or function of the Department of De4 fense that, on or after the date of the enactment of this 

5 Act, is performed by Department of Defense civilian em6 ployees unless— 

7 (1) the conversion is based on the result of a 

8 public-private competition that includes a most effi9 cient and cost effective organization plan developed 

10 by such activity or function; 

11 (2) the Competitive Sourcing Official deter12 mines that, over all performance periods stated in 

13 the solicitation of offers for performance of the ac14 tivity or function, the cost of performance of the ac15 tivity or function by a contractor would be less costly 

16 to the Department of Defense by an amount that 

17 equals or exceeds the lesser of— 

18 (A) 10 percent of the most efficient organi19 zation’s personnel-related costs for performance 

20 of that activity or function by Federal employ21 ees; or 

22 (B) $10,000,000; and 

23 (3) the contractor does not receive an advan24 tage for a proposal that would reduce costs for the 

25 Department of Defense by— 


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1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the pre8 mium or subscription share than the amount 

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States Code. 

12 (b)(1) The Department of Defense, without regard 

13 to subsection (a) of this section or subsection (a), (b), or 

14 (c) of section 2461 of title 10, United States Code, and 

15 notwithstanding any administrative regulation, require16 ment, or policy to the contrary shall have full authority 

17 to enter into a contract for the performance of any com18 mercial or industrial type function of the Department of 

19 Defense that— 

20 (A) is included on the procurement list es21 tablished pursuant to section 2 of the Javits22 Wagner-O’Day Act (section 8503 of title 41, 

23 United States Code); 

24 (B) is planned to be converted to perform25 ance by a qualified nonprofit agency for the 


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1 blind or by a qualified nonprofit agency for 

2 other severely handicapped individuals in ac3 cordance with that Act; or 

4 (C) is planned to be converted to perform5 ance by a qualified firm under at least 51 per6 cent ownership by an Indian tribe, as defined in 

7 section 4(e) of the Indian Self-Determination 

8 and Education Assistance Act (25 U.S.C. 

9 450b(e)), or a Native Hawaiian Organization, 

10 as defined in section 8(a)(15) of the Small 

11 Business Act (15 U.S.C. 637(a)(15)). 

12 (2) This section shall not apply to depot con13 tracts or contracts for depot maintenance as pro14 vided in sections 2469 and 2474 of title 10, United 

15 States Code. 

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

17 Department of Defense under the authority provided by 

18 this section shall be credited toward any competitive or 

19 outsourcing goal, target, or measurement that may be es20 tablished by statute, regulation, or policy and is deemed 

21 to be awarded under the authority of, and in compliance 

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

23 States Code, for the competition or outsourcing of com24 mercial activities. 


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1 (TRANSFER OF FUNDS)

2 SEC. 8016. Funds appropriated in title III of this Act 

3 for the Department of Defense Pilot Mentor-Protege Pro4 gram may be transferred to any other appropriation con5 tained in this Act solely for the purpose of implementing 

6 a Mentor-Protege Program developmental assistance 

7 agreement pursuant to section 831 of the National De8 fense Authorization Act for Fiscal Year 1991 (Public Law 

9 101–510; 10 U.S.C. 2302 note), as amended, under the 

10 authority of this provision or any other transfer authority 

11 contained in this Act: Provided, That subsection (j) of sec12 tion 831 of the National Defense Authorization Act for 

13 Fiscal Year 1991 is amended by striking ‘‘September 30, 

14 2010’’ and inserting ‘‘September 30, 2011’’, and by strik15 ing ‘‘September 30, 2013’’ and inserting ‘‘September 30, 

16 2014’’. 

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

18 available for the purchase by the Department of Defense 

19 (and its departments and agencies) of welded shipboard 

20 anchor and mooring chain 4 inches in diameter and under 

21 unless the anchor and mooring chain are manufactured 

22 in the United States from components which are substan23 tially manufactured in the United States: Provided, That 

24 for the purpose of this section, the term ‘‘manufactured’’ 

25 shall include cutting, heat treating, quality control, testing 


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1 of chain and welding (including the forging and shot blast2 ing process): Provided further, That for the purpose of this 

3 section substantially all of the components of anchor and 

4 mooring chain shall be considered to be produced or manu5 factured in the United States if the aggregate cost of the 

6 components produced or manufactured in the United 

7 States exceeds the aggregate cost of the components pro8 duced or manufactured outside the United States: Pro9 vided further, That when adequate domestic supplies are 

10 not available to meet Department of Defense requirements 

11 on a timely basis, the Secretary of the service responsible 

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations that such an acquisition must be made 

15 in order to acquire capability for national security pur16 poses. 

17 SEC. 8018. None of the funds available to the De18 partment of Defense may be used to demilitarize or dis19 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

20 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

21 to demilitarize or destroy small arms ammunition or am22 munition components that are not otherwise prohibited 

23 from commercial sale under Federal law, unless the small 

24 arms ammunition or ammunition components are certified 


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1 by the Secretary of the Army or designee as unserviceable 

2 or unsafe for further use. 

3 SEC. 8019. No more than $500,000 of the funds ap4 propriated or made available in this Act shall be used dur5 ing a single fiscal year for any single relocation of an orga6 nization, unit, activity or function of the Department of 

7 Defense into or within the National Capital Region: Pro8 vided, That the Secretary of Defense may waive this re9 striction on a case-by-case basis by certifying in writing 

10 to the congressional defense committees that such a relo11 cation is required in the best interest of the Government. 

12 SEC. 8020. In addition to the funds provided else13 where in this Act, $15,000,000 is appropriated only for 

14 incentive payments authorized by section 504 of the In15 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

16 That a prime contractor or a subcontractor at any tier 

17 that makes a subcontract award to any subcontractor or 

18 supplier as defined in section 1544 of title 25, United 

19 States Code, or a small business owned and controlled by 

20 an individual or individuals defined under section 4221(9) 

21 of title 25, United States Code, shall be considered a con22 tractor for the purposes of being allowed additional com23 pensation under section 504 of the Indian Financing Act 

24 of 1974 (25 U.S.C. 1544) whenever the prime contract 

25 or subcontract amount is over $500,000 and involves the 


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1 expenditure of funds appropriated by an Act making Ap2 propriations for the Department of Defense with respect 

3 to any fiscal year: Provided further, That notwithstanding 

4 section 430 of title 41, United States Code, this section 

5 shall be applicable to any Department of Defense acquisi6 tion of supplies or services, including any contract and any 

7 subcontract at any tier for acquisition of commercial items 

8 produced or manufactured, in whole or in part by any sub9 contractor or supplier defined in section 1544 of title 25, 

10 United States Code, or a small business owned and con11 trolled by an individual or individuals defined under sec12 tion 4221(9) of title 25, United States Code. 

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

14 Defense Media Activity shall not be used for any national 

15 or international political or psychological activities. 

16 SEC. 8022. During the current fiscal year, the De17 partment of Defense is authorized to incur obligations of 

18 not to exceed $350,000,000 for purposes specified in sec19 tion 2350j(c) of title 10, United States Code, in anticipa20 tion of receipt of contributions, only from the Government 

21 of Kuwait, under that section: Provided, That upon re22 ceipt, such contributions from the Government of Kuwait 

23 shall be credited to the appropriations or fund which in24 curred such obligations. 


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1 SEC. 8023. (a) Of the funds made available in this 

2 Act, not less than $30,374,000 shall be available for the 

3 Civil Air Patrol Corporation, of which— 

4 (1) $27,048,000 shall be available from ‘‘Oper5 ation and Maintenance, Air Force’’ to support Civil 

6 Air Patrol Corporation operation and maintenance, 

7 readiness, counterdrug activities, and drug demand 

8 reduction activities involving youth programs; 

9 (2) $2,424,000 shall be available from ‘‘Aircraft 

10 Procurement, Air Force’’; and 

11 (3) $902,000 shall be available from ‘‘Other 

12 Procurement, Air Force’’ for vehicle procurement. 

13 (b) The Secretary of the Air Force should waive reim14 bursement for any funds used by the Civil Air Patrol for 

15 counter-drug activities in support of Federal, State, and 

16 local government agencies. 

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

18 Act are available to establish a new Department of De19 fense (department) federally funded research and develop20 ment center (FFRDC), either as a new entity, or as a 

21 separate entity administrated by an organization man22 aging another FFRDC, or as a nonprofit membership cor23 poration consisting of a consortium of other FFRDCs and 

24 other nonprofit entities. 


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

2 Overseers, Advisory Group, Special Issues Panel, Visiting 

3 Committee, or any similar entity of a defense FFRDC, 

4 and no paid consultant to any defense FFRDC, except 

5 when acting in a technical advisory capacity, may be com6 pensated for his or her services as a member of such enti7 ty, or as a paid consultant by more than one FFRDC in 

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

9 referred to previously in this subsection shall be allowed 

10 travel expenses and per diem as authorized under the Fed11 eral Joint Travel Regulations, when engaged in the per12 formance of membership duties. 

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

14 of the funds available to the department from any source 

15 during fiscal year 2011 may be used by a defense FFRDC, 

16 through a fee or other payment mechanism, for construc17 tion of new buildings, for payment of cost sharing for 

18 projects funded by Government grants, for absorption of 

19 contract overruns, or for certain charitable contributions, 

20 not to include employee participation in community service 

21 and/or development. 

22 (d) Notwithstanding any other provision of law, of 

23 the funds available to the department during fiscal year 

24 2011, not more than 5,750 staff years of technical effort 

25 (staff years) may be funded for defense FFRDCs: ProVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 vided, That of the specific amount referred to previously 

2 in this subsection, not more than 1,125 staff years may 

3 be funded for the defense studies and analysis FFRDCs: 

4 Provided further, That this subsection shall not apply to 

5 staff years funded in the National Intelligence Program 

6 (NIP) and the Military Intelligence Program (MIP). 

7 (e) The Secretary of Defense shall, with the submis8 sion of the department’s fiscal year 2012 budget request, 

9 submit a report presenting the specific amounts of staff 

10 years of technical effort to be allocated for each defense 

11 FFRDC during that fiscal year and the associated budget 

12 estimates. 

13 (f) Notwithstanding any other provision of this Act, 

14 the total amount appropriated in this Act for FFRDCs 

15 is hereby reduced by $125,000,000. 

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

17 available in this Act shall be used to procure carbon, alloy 

18 or armor steel plate for use in any Government-owned fa19 cility or property under the control of the Department of 

20 Defense which were not melted and rolled in the United 

21 States or Canada: Provided, That these procurement re22 strictions shall apply to any and all Federal Supply Class 

23 9515, American Society of Testing and Materials (ASTM) 

24 or American Iron and Steel Institute (AISI) specifications 

25 of carbon, alloy or armor steel plate: Provided further, 


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1 That the Secretary of the military department responsible 

2 for the procurement may waive this restriction on a case3 by-case basis by certifying in writing to the Committees 

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

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

8 to acquire capability for national security purposes: Pro9 vided further, That these restrictions shall not apply to 

10 contracts which are in being as of the date of the enact11 ment of this Act. 

12 SEC. 8026. For the purposes of this Act, the term 

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

15 Armed Services Committee of the Senate, the Sub16 committee on Defense of the Committee on Appropriations 

17 of the Senate, and the Subcommittee on Defense of the 

18 Committee on Appropriations of the House of Representa19 tives. 

20 SEC. 8027. During the current fiscal year, the De21 partment of Defense may acquire the modification, depot 

22 maintenance and repair of aircraft, vehicles and vessels 

23 as well as the production of components and other De24 fense-related articles, through competition between De25 partment of Defense depot maintenance activities and priVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 vate firms: Provided, That the Senior Acquisition Execu2 tive of the military department or Defense Agency con3 cerned, with power of delegation, shall certify that success4 ful bids include comparable estimates of all direct and in5 direct costs for both public and private bids: Provided fur6 ther, That Office of Management and Budget Circular A– 

7 76 shall not apply to competitions conducted under this 

8 section. 

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

10 consultation with the United States Trade Representative, 

11 determines that a foreign country which is party to an 

12 agreement described in paragraph (2) has violated the 

13 terms of the agreement by discriminating against certain 

14 types of products produced in the United States that are 

15 covered by the agreement, the Secretary of Defense shall 

16 rescind the Secretary’s blanket waiver of the Buy Amer17 ican Act with respect to such types of products produced 

18 in that foreign country. 

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

20 reciprocal defense procurement memorandum of under21 standing, between the United States and a foreign country 

22 pursuant to which the Secretary of Defense has prospec23 tively waived the Buy American Act for certain products 

24 in that country. 


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1 (b) The Secretary of Defense shall submit to the Con2 gress a report on the amount of Department of Defense 

3 purchases from foreign entities in fiscal year 2011. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

6 any agreement described in subsection (a)(2), the Trade 

7 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

8 international agreement to which the United States is a 

9 party. 

10 (c) For purposes of this section, the term ‘‘Buy 

11 American Act’’ means chapter 83 of title 41, United 

12 States Code. 

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

14 contained in the Department of Defense Overseas Military 

15 Facility Investment Recovery Account established by sec16 tion 2921(c)(1) of the National Defense Authorization Act 

17 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

18 be available until expended for the payments specified by 

19 section 2921(c)(2) of that Act. 

20 SEC. 8030. (a) Notwithstanding any other provision 

21 of law, the Secretary of the Air Force may convey at no 

22 cost to the Air Force, without consideration, to Indian 

23 tribes located in the States of Nevada, Idaho, North Da24 kota, South Dakota, Montana, Oregon, Minnesota, and 

25 Washington relocatable military housing units located at 


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1 Grand Forks Air Force Base, Malmstrom Air Force Base, 

2 Mountain Home Air Force Base, Ellsworth Air Force 

3 Base, and Minot Air Force Base that are excess to the 

4 needs of the Air Force. 

5 (b) The Secretary of the Air Force shall convey, at 

6 no cost to the Air Force, military housing units under sub7 section (a) in accordance with the request for such units 

8 that are submitted to the Secretary by the Operation 

9 Walking Shield Program on behalf of Indian tribes located 

10 in the States of Nevada, Idaho, North Dakota, South Da11 kota, Montana, Oregon, Minnesota, and Washington. Any 

12 such conveyance shall be subject to the condition that the 

13 housing units shall be removed within a reasonable period 

14 of time, as determined by the Secretary. 

15 (c) The Operation Walking Shield Program shall re16 solve any conflicts among requests of Indian tribes for 

17 housing units under subsection (a) before submitting re18 quests to the Secretary of the Air Force under subsection 

19 (b). 

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

21 any recognized Indian tribe included on the current list 

22 published by the Secretary of the Interior under section 

23 104 of the Federally Recognized Indian Tribe Act of 1994 

24 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

25 1). 


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1 SEC. 8031. During the current fiscal year, appropria2 tions which are available to the Department of Defense 

3 for operation and maintenance may be used to purchase 

4 items having an investment item unit cost of not more 

5 than $250,000. 

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

7 of the appropriations or funds available to the Department 

8 of Defense Working Capital Funds shall be used for the 

9 purchase of an investment item for the purpose of acquir10 ing a new inventory item for sale or anticipated sale dur11 ing the current fiscal year or a subsequent fiscal year to 

12 customers of the Department of Defense Working Capital 

13 Funds if such an item would not have been chargeable 

14 to the Department of Defense Business Operations Fund 

15 during fiscal year 1994 and if the purchase of such an 

16 investment item would be chargeable during the current 

17 fiscal year to appropriations made to the Department of 

18 Defense for procurement. 

19 (b) The fiscal year 2012 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2012 

22 Department of Defense budget shall be prepared and sub23 mitted to the Congress on the basis that any equipment 

24 which was classified as an end item and funded in a pro25 curement appropriation contained in this Act shall be 


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1 budgeted for in a proposed fiscal year 2012 procurement 

2 appropriation and not in the supply management business 

3 area or any other area or category of the Department of 

4 Defense Working Capital Funds. 

5 SEC. 8033. None of the funds appropriated by this 

6 Act for programs of the Central Intelligence Agency shall 

7 remain available for obligation beyond the current fiscal 

8 year, except for funds appropriated for the Reserve for 

9 Contingencies, which shall remain available until Sep10 tember 30, 2012: Provided, That funds appropriated, 

11 transferred, or otherwise credited to the Central Intel12 ligence Agency Central Services Working Capital Fund 

13 during this or any prior or subsequent fiscal year shall 

14 remain available until expended: Provided further, That 

15 any funds appropriated or transferred to the Central Intel16 ligence Agency for advanced research and development ac17 quisition, for agent operations, and for covert action pro18 grams authorized by the President under section 503 of 

19 the National Security Act of 1947, as amended, shall re20 main available until September 30, 2012. 

21 SEC. 8034. Notwithstanding any other provision of 

22 law, funds made available in this Act for the Defense In23 telligence Agency may be used for the design, develop24 ment, and deployment of General Defense Intelligence 

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1 formation systems for the Services, the Unified and Speci2 fied Commands, and the component commands. 

3 SEC. 8035. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost 

11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities. 

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

14 Act may be expended by an entity of the Department of 

15 Defense unless the entity, in expending the funds, com16 plies with the Buy American Act. For purposes of this 

17 subsection, the term ‘‘Buy American Act’’ means chapter 

18 83 of title 41, United States Code. 

19 (b) If the Secretary of Defense determines that a per20 son has been convicted of intentionally affixing a label 

21 bearing a ‘‘Made in America’’ inscription to any product 

22 sold in or shipped to the United States that is not made 

23 in America, the Secretary shall determine, in accordance 

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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is 

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 

7 only American-made equipment and products, provided 

8 that American-made equipment and products are cost9 competitive, quality competitive, and available in a timely 

10 fashion. 

11 SEC. 8037. None of the funds appropriated by this 

12 Act shall be available for a contract for studies, analysis, 

13 or consulting services entered into without competition on 

14 the basis of an unsolicited proposal unless the head of the 

15 activity responsible for the procurement determines— 

16 (1) as a result of thorough technical evaluation, 

17 only one source is found fully qualified to perform 

18 the proposed work; 

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

20 unsolicited proposal which offers significant sci21 entific or technological promise, represents the prod22 uct of original thinking, and was submitted in con23 fidence by one source; or 

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1 plishment by a specific concern, or to insure that a 

2 new product or idea of a specific concern is given fi3 nancial support: Provided, That this limitation shall 

4 not apply to contracts in an amount of less than 

5 $25,000, contracts related to improvements of equip6 ment that is in development or production, or con7 tracts as to which a civilian official of the Depart8 ment of Defense, who has been confirmed by the 

9 Senate, determines that the award of such contract 

10 is in the interest of the national defense. 

11 SEC. 8038. (a) Except as provided in subsections (b) 

12 and (c), none of the funds made available by this Act may 

13 be used— 

14 (1) to establish a field operating agency; or 

15 (2) to pay the basic pay of a member of the 

16 Armed Forces or civilian employee of the depart17 ment who is transferred or reassigned from a head18 quarters activity if the member or employee’s place 

19 of duty remains at the location of that headquarters. 

20 (b) The Secretary of Defense or Secretary of a mili21 tary department may waive the limitations in subsection 

22 (a), on a case-by-case basis, if the Secretary determines, 

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that the granting 


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1 of the waiver will reduce the personnel requirements or 

2 the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

7 to eliminate, mitigate, or counter the effects of im8 provised explosive devices, and, as determined by the 

9 Secretary of the Army, other similar threats; or 

10 (3) an Army field operating agency established 

11 to improve the effectiveness and efficiencies of bio12 metric activities and to integrate common biometric 

13 technologies throughout the Department of Defense. 

14 SEC. 8039. The Secretary of Defense, notwith15 standing any other provision of law, acting through the 

16 Office of Economic Adjustment of the Department of De17 fense, may use funds made available in this Act under the 

18 heading ‘‘Operation and Maintenance, Defense-Wide’’ to 

19 make grants and supplement other Federal funds in ac20 cordance with the guidance provided in the explanatory 

21 statement regarding this Act. 

22 (RESCISSIONS)

23 SEC. 8040. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 


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1 hereby rescinded from the following accounts and pro2 grams in the specified amounts: 

3 ‘‘Procurement of Weapons and Tracked Combat 

4 Vehicles, Army, 2009/2011’’, $86,300,000. 

5 ‘‘Other Procurement, Army, 2009/2011’’, 

6 $147,600,000. 

7 ‘‘Aircraft Procurement, Navy, 2009/2011’’, 

8 $26,100,000. 

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

10 $387,700,000. 

11 ‘‘Aircraft Procurement, Army, 2010/2012’’, 

12 $14,000,000. 

13 ‘‘Procurement of Weapons and Tracked Combat 

14 Vehicles, Army, 2010/2012’’, $36,000,000. 

15 ‘‘Missile Procurement, Army, 2010/2012’’, 

16 $9,171,000. 

17 ‘‘Aircraft Procurement, Navy, 2010/2012’’, 

18 $464,847,000. 

19 ‘‘Procurement of Ammunition, Navy and Ma20 rine Corps, 2010/2012’’, $11,576,000. 

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 2010/2014’’: DDG–51 Destroyer, 

23 $22,000,000. 

24 ‘‘Other Procurement, Navy, 2010/2012’’, 

25 $9,042,000. 


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

2 $340,600,000. 

3 ‘‘Other Procurement, Air Force, 2010/2012’’, 

4 $36,600,000. 

5 ‘‘Research, Development, Test and Evaluation, 

6 Army, 2010/2011’’, $163,400,000. 

7 ‘‘Research, Development, Test and Evaluation, 

8 Air Force, 2010/2011’’, $198,600,000. 

9 ‘‘Other Procurement, Army, 2010/2012’’, 

10 $50,000,000. 

11 ‘‘Research, Development, Test and Evaluation, 

12 Defense-Wide, 2010/2011’’, $10,000,000. 

13 SEC. 8041. None of the funds available in this Act 

14 may be used to reduce the authorized positions for mili15 tary (civilian) technicians of the Army National Guard, 

16 Air National Guard, Army Reserve and Air Force Reserve 

17 for the purpose of applying any administratively imposed 

18 civilian personnel ceiling, freeze, or reduction on military 

19 (civilian) technicians, unless such reductions are a direct 

20 result of a reduction in military force structure. 

21 SEC. 8042. None of the funds appropriated or other22 wise made available in this Act may be obligated or ex23 pended for assistance to the Democratic People’s Republic 

24 of Korea unless specifically appropriated for that purpose. 


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1 SEC. 8043. Funds appropriated in this Act for oper2 ation and maintenance of the Military Departments, Com3 batant Commands and Defense Agencies shall be available 

4 for reimbursement of pay, allowances and other expenses 

5 which would otherwise be incurred against appropriations 

6 for the National Guard and Reserve when members of the 

7 National Guard and Reserve provide intelligence or coun8 terintelligence support to Combatant Commands, Defense 

9 Agencies and Joint Intelligence Activities, including the 

10 activities and programs included within the National Intel11 ligence Program and the Military Intelligence Program: 

12 Provided, That nothing in this section authorizes deviation 

13 from established Reserve and National Guard personnel 

14 and training procedures. 

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

16 the funds appropriated in this Act may be used to reduce 

17 the civilian medical and medical support personnel as18 signed to military treatment facilities below the September 

19 30, 2003, level: Provided, That the Service Surgeons Gen20 eral may waive this section by certifying to the congres21 sional defense committees that the beneficiary population 

22 is declining in some catchment areas and civilian strength 

23 reductions may be consistent with responsible resource 

24 stewardship and capitation-based budgeting. 


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

2 Department of Defense for any fiscal year for drug inter3 diction or counter-drug activities may be transferred to 

4 any other department or agency of the United States ex5 cept as specifically provided in an appropriations law. 

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction 

8 and counter-drug activities may be transferred to any 

9 other department or agency of the United States except 

10 as specifically provided in an appropriations law. 

11 SEC. 8046. None of the funds appropriated by this 

12 Act may be used for the procurement of ball and roller 

13 bearings other than those produced by a domestic source 

14 and of domestic origin: Provided, That the Secretary of 

15 the military department responsible for such procurement 

16 may waive this restriction on a case-by-case basis by certi17 fying in writing to the Committees on Appropriations of 

18 the House of Representatives and the Senate, that ade19 quate domestic supplies are not available to meet Depart20 ment of Defense requirements on a timely basis and that 

21 such an acquisition must be made in order to acquire ca22 pability for national security purposes: Provided further, 

23 That this restriction shall not apply to the purchase of 

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

25 Office of Federal Procurement Policy Act, except that the 


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1 restriction shall apply to ball or roller bearings purchased 

2 as end items. 

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

4 used to purchase any supercomputer which is not manu5 factured in the United States, unless the Secretary of De6 fense certifies to the congressional defense committees 

7 that such an acquisition must be made in order to acquire 

8 capability for national security purposes that is not avail9 able from United States manufacturers. 

10 SEC. 8048. None of the funds made available in this 

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

12 officer or employee of the Department of Defense who ap13 proves or implements the transfer of administrative re14 sponsibilities or budgetary resources of any program, 

15 project, or activity financed by this Act to the jurisdiction 

16 of another Federal agency not financed by this Act with17 out the express authorization of Congress: Provided, That 

18 this limitation shall not apply to transfers of funds ex19 pressly provided for in Defense Appropriations Acts, or 

20 provisions of Acts providing supplemental appropriations 

21 for the Department of Defense. 

22 SEC. 8049. (a) Notwithstanding any other provision 

23 of law, none of the funds available to the Department of 

24 Defense for the current fiscal year may be obligated or 

25 expended to transfer to another nation or an international 


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1 organization any defense articles or services (other than 

2 intelligence services) for use in the activities described in 

3 subsection (b) unless the congressional defense commit4 tees, the Committee on Foreign Affairs of the House of 

5 Representatives, and the Committee on Foreign Relations 

6 of the Senate are notified 15 days in advance of such 

7 transfer. 

8 (b) This section applies to— 

9 (1) any international peacekeeping or peace-en10 forcement operation under the authority of chapter 

11 VI or chapter VII of the United Nations Charter 

12 under the authority of a United Nations Security 

13 Council resolution; and 

14 (2) any other international peacekeeping, peace15 enforcement, or humanitarian assistance operation. 

16 (c) A notice under subsection (a) shall include the 

17 following: 

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

19 services to be transferred. 

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

21 supplies, or services to be transferred. 

22 (3) In the case of a proposed transfer of equip23 ment or supplies— 

24 (A) a statement of whether the inventory 

25 requirements of all elements of the Armed 


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1 Forces (including the reserve components) for 

2 the type of equipment or supplies to be trans3 ferred have been met; and 

4 (B) a statement of whether the items pro5 posed to be transferred will have to be replaced 

6 and, if so, how the President proposes to pro7 vide funds for such replacement. 

8 SEC. 8050. None of the funds available to the De9 partment of Defense under this Act shall be obligated or 

10 expended to pay a contractor under a contract with the 

11 Department of Defense for costs of any amount paid by 

12 the contractor to an employee when— 

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

14 excess of the normal salary paid by the contractor 

15 to the employee; and 

16 (2) such bonus is part of restructuring costs as17 sociated with a business combination. 

18 (INCLUDING TRANSFER OF FUNDS)

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

20 than $30,000,000 of appropriations made in this Act 

21 under the heading ‘‘Operation and Maintenance, Defense22 Wide’’ may be transferred to appropriations available for 

23 the pay of military personnel, to be merged with, and to 

24 be available for the same time period as the appropriations 

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1 sonnel in connection with support and services for eligible 

2 organizations and activities outside the Department of De3 fense pursuant to section 2012 of title 10, United States 

4 Code. 

5 SEC. 8052. During the current fiscal year, in the case 

6 of an appropriation account of the Department of Defense 

7 for which the period of availability for obligation has ex8 pired or which has closed under the provisions of section 

9 1552 of title 31, United States Code, and which has a 

10 negative unliquidated or unexpended balance, an obliga11 tion or an adjustment of an obligation may be charged 

12 to any current appropriation account for the same purpose 

13 as the expired or closed account if— 

14 (1) the obligation would have been properly 

15 chargeable (except as to amount) to the expired or 

16 closed account before the end of the period of avail17 ability or closing of that account; 

18 (2) the obligation is not otherwise properly 

19 chargeable to any current appropriation account of 

20 the Department of Defense; and 

21 (3) in the case of an expired account, the obli22 gation is not chargeable to a current appropriation 

23 of the Department of Defense under the provisions 

24 of section 1405(b)(8) of the National Defense Au25 thorization Act for Fiscal Year 1991, Public Law 


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1 101–510, as amended (31 U.S.C. 1551 note): Pro2 vided, That in the case of an expired account, if sub3 sequent review or investigation discloses that there 

4 was not in fact a negative unliquidated or unex5 pended balance in the account, any charge to a cur6 rent account under the authority of this section shall 

7 be reversed and recorded against the expired ac8 count: Provided further, That the total amount 

9 charged to a current appropriation under this sec10 tion may not exceed an amount equal to 1 percent 

11 of the total appropriation for that account. 

12 SEC. 8053. (a) Notwithstanding any other provision 

13 of law, the Chief of the National Guard Bureau may per14 mit the use of equipment of the National Guard Distance 

15 Learning Project by any person or entity on a space-avail16 able, reimbursable basis. The Chief of the National Guard 

17 Bureau shall establish the amount of reimbursement for 

18 such use on a case-by-case basis. 

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

20 credited to funds available for the National Guard Dis21 tance Learning Project and be available to defray the costs 

22 associated with the use of equipment of the project under 

23 that subsection. Such funds shall be available for such 

24 purposes without fiscal year limitation. 


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1 SEC. 8054. Using funds made available by this Act 

2 or any other Act, the Secretary of the Air Force, pursuant 

3 to a determination under section 2690 of title 10, United 

4 States Code, may implement cost-effective agreements for 

5 required heating facility modernization in the 

6 Kaiserslautern Military Community in the Federal Repub7 lic of Germany: Provided, That in the City of 

8 Kaiserslautern and at the Rhine Ordnance Barracks area, 

9 such agreements will include the use of United States an10 thracite as the base load energy for municipal district heat 

11 to the United States Defense installations: Provided fur12 ther, That at Landstuhl Army Regional Medical Center 

13 and Ramstein Air Base, furnished heat may be obtained 

14 from private, regional or municipal services, if provisions 

15 are included for the consideration of United States coal 

16 as an energy source. 

17 SEC. 8055. None of the funds appropriated in title 

18 IV of this Act may be used to procure end-items for deliv19 ery to military forces for operational training, operational 

20 use or inventory requirements: Provided, That this restric21 tion does not apply to end-items used in development, 

22 prototyping, and test activities preceding and leading to 

23 acceptance for operational use: Provided further, That this 

24 restriction does not apply to programs funded within the 

25 National Intelligence Program: Provided further, That the 


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1 Secretary of Defense may waive this restriction on a case2 by-case basis by certifying in writing to the Committees 

3 on Appropriations of the House of Representatives and the 

4 Senate that it is in the national security interest to do 

5 so. 

6 SEC. 8056. None of the funds made available in this 

7 Act may be used to approve or license the sale of the F– 

8 22A advanced tactical fighter to any foreign government: 

9 Provided, That the Department of Defense may conduct 

10 or participate in studies, research, design and other activi11 ties to define and develop a future export version of the 

12 F–22A that protects classified and sensitive information, 

13 technologies and U.S. warfighting capabilities. 

14 SEC. 8057. (a) The Secretary of Defense may, on a 

15 case-by-case basis, waive with respect to a foreign country 

16 each limitation on the procurement of defense items from 

17 foreign sources provided in law if the Secretary determines 

18 that the application of the limitation with respect to that 

19 country would invalidate cooperative programs entered 

20 into between the Department of Defense and the foreign 

21 country, or would invalidate reciprocal trade agreements 

22 for the procurement of defense items entered into under 

23 section 2531 of title 10, United States Code, and the 

24 country does not discriminate against the same or similar 


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1 defense items produced in the United States for that coun2 try. 

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

4 (1) contracts and subcontracts entered into on 

5 or after the date of the enactment of this Act; and 

6 (2) options for the procurement of items that 

7 are exercised after such date under contracts that 

8 are entered into before such date if the option prices 

9 are adjusted for any reason other than the applica10 tion of a waiver granted under subsection (a). 

11 (c) Subsection (a) does not apply to a limitation re12 garding construction of public vessels, ball and roller bear13 ings, food, and clothing or textile materials as defined by 

14 section 11 (chapters 50–65) of the Harmonized Tariff 

15 Schedule and products classified under headings 4010, 

16 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

17 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

20 this Act may be used to support any training program in21 volving a unit of the security forces or police of a foreign 

22 country if the Secretary of Defense has received credible 

23 information from the Department of State that the unit 

24 has committed a gross violation of human rights, unless 

25 all necessary corrective steps have been taken. 


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

2 Secretary of State, shall ensure that prior to a decision 

3 to conduct any training program referred to in subsection 

4 (a), full consideration is given to all credible information 

5 available to the Department of State relating to human 

6 rights violations by foreign security forces. 

7 (c) The Secretary of Defense, after consultation with 

8 the Secretary of State, may waive the prohibition in sub9 section (a) if he determines that such waiver is required 

10 by extraordinary circumstances. 

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

12 waiver under subsection (c), the Secretary of Defense shall 

13 submit a report to the congressional defense committees 

14 describing the extraordinary circumstances, the purpose 

15 and duration of the training program, the United States 

16 forces and the foreign security forces involved in the train17 ing program, and the information relating to human rights 

18 violations that necessitates the waiver. 

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

20 available in this Act to the Department of the Navy shall 

21 be used to develop, lease or procure the T–AKE class of 

22 ships unless the main propulsion diesel engines and 

23 propulsors are manufactured in the United States by a 

24 domestically operated entity: Provided, That the Secretary 

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


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1 basis by certifying in writing to the Committees on Appro2 priations of the House of Representatives and the Senate 

3 that adequate domestic supplies are not available to meet 

4 Department of Defense requirements on a timely basis 

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

6 acquire capability for national security purposes or there 

7 exists a significant cost or quality difference. 

8 SEC. 8060. None of the funds appropriated or other9 wise made available by this or other Department of De10 fense Appropriations Acts may be obligated or expended 

11 for the purpose of performing repairs or maintenance to 

12 military family housing units of the Department of De13 fense, including areas in such military family housing 

14 units that may be used for the purpose of conducting offi15 cial Department of Defense business. 

16 SEC. 8061. Notwithstanding any other provision of 

17 law, funds appropriated in this Act under the heading 

18 ‘‘Research, Development, Test and Evaluation, Defense19 Wide’’ for any new start advanced concept technology 

20 demonstration project or joint capability demonstration 

21 project may only be obligated 30 days after a report, in22 cluding a description of the project, the planned acquisi23 tion and transition strategy and its estimated annual and 

24 total cost, has been provided in writing to the congres25 sional defense committees: Provided, That the Secretary 


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

2 basis by certifying to the congressional defense committees 

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

4 SEC. 8062. The Secretary of Defense shall provide 

5 a classified quarterly report beginning 30 days after enact6 ment of this Act, to the House and Senate Appropriations 

7 Committees, Subcommittees on Defense on certain mat8 ters as directed in the classified annex accompanying this 

9 Act. 

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

11 the funds available to the Department of Defense may be 

12 used to provide support to another department or agency 

13 of the United States if such department or agency is more 

14 than 90 days in arrears in making payment to the Depart15 ment of Defense for goods or services previously provided 

16 to such department or agency on a reimbursable basis: 

17 Provided, That this restriction shall not apply if the de18 partment is authorized by law to provide support to such 

19 department or agency on a nonreimbursable basis, and is 

20 providing the requested support pursuant to such author21 ity: Provided further, That the Secretary of Defense may 

22 waive this restriction on a case-by-case basis by certifying 

23 in writing to the Committees on Appropriations of the 

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

25 national security interest to do so. 


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1 SEC. 8064. Notwithstanding section 12310(b) of title 

2 10, United States Code, a Reserve who is a member of 

3 the National Guard serving on full-time National Guard 

4 duty under section 502(f) of title 32, United States Code, 

5 may perform duties in support of the ground-based ele6 ments of the National Ballistic Missile Defense System. 

7 SEC. 8065. None of the funds provided in this Act 

8 may be used to transfer to any nongovernmental entity 

9 ammunition held by the Department of Defense that has 

10 a center-fire cartridge and a United States military no11 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

12 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

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

14 entity performing demilitarization services for the Depart15 ment of Defense under a contract that requires the entity 

16 to demonstrate to the satisfaction of the Department of 

17 Defense that armor piercing projectiles are either: (1) ren18 dered incapable of reuse by the demilitarization process; 

19 or (2) used to manufacture ammunition pursuant to a con20 tract with the Department of Defense or the manufacture 

21 of ammunition for export pursuant to a License for Per22 manent Export of Unclassified Military Articles issued by 

23 the Department of State. 

24 SEC. 8066. Notwithstanding any other provision of 

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1 ignee, may waive payment of all or part of the consider2 ation that otherwise would be required under section 2667 

3 of title 10, United States Code, in the case of a lease of 

4 personal property for a period not in excess of 1 year to 

5 any organization specified in section 508(d) of title 32, 

6 United States Code, or any other youth, social, or fra7 ternal nonprofit organization as may be approved by the 

8 Chief of the National Guard Bureau, or his designee, on 

9 a case-by-case basis. 

10 SEC. 8067. None of the funds appropriated by this 

11 Act shall be used for the support of any nonappropriated 

12 funds activity of the Department of Defense that procures 

13 malt beverages and wine with nonappropriated funds for 

14 resale (including such alcoholic beverages sold by the 

15 drink) on a military installation located in the United 

16 States unless such malt beverages and wine are procured 

17 within that State, or in the case of the District of Colum18 bia, within the District of Columbia, in which the military 

19 installation is located: Provided, That in a case in which 

20 the military installation is located in more than one State, 

21 purchases may be made in any State in which the installa22 tion is located: Provided further, That such local procure23 ment requirements for malt beverages and wine shall 

24 apply to all alcoholic beverages only for military installa25 tions in States which are not contiguous with another 


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1 State: Provided further, That alcoholic beverages other 

2 than wine and malt beverages, in contiguous States and 

3 the District of Columbia shall be procured from the most 

4 competitive source, price and other factors considered. 

5 SEC. 8068. Funds available to the Department of De6 fense for the Global Positioning System during the current 

7 fiscal year, and hereafter, may be used to fund civil re8 quirements associated with the satellite and ground con9 trol segments of such system’s modernization program. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8069. Of the amounts appropriated in this Act 

12 under the heading ‘‘Operation and Maintenance, Army’’, 

13 $147,258,300 shall remain available until expended: Pro14 vided, That notwithstanding any other provision of law, 

15 the Secretary of Defense is authorized to transfer such 

16 funds to other activities of the Federal Government: Pro17 vided further, That the Secretary of Defense is authorized 

18 to enter into and carry out contracts for the acquisition 

19 of real property, construction, personal services, and oper20 ations related to projects carrying out the purposes of this 

21 section: Provided further, That contracts entered into 

22 under the authority of this section may provide for such 

23 indemnification as the Secretary determines to be nec24 essary: Provided further, That projects authorized by this 

25 section shall comply with applicable Federal, State, and 


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1 local law to the maximum extent consistent with the na2 tional security, as determined by the Secretary of Defense. 

3 SEC. 8070. Section 8106 of the Department of De4 fense Appropriations Act, 1997 (titles I through VIII of 

5 the matter under subsection 101(b) of Public Law 104– 

6 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con7 tinue in effect to apply to disbursements that are made 

8 by the Department of Defense in fiscal year 2011. 

9 SEC. 8071. In addition to amounts provided else10 where in this Act, $4,000,000 is hereby appropriated to 

11 the Department of Defense, to remain available for obliga12 tion until expended: Provided, That notwithstanding any 

13 other provision of law, that upon the determination of the 

14 Secretary of Defense that it shall serve the national inter15 est, these funds shall be available only for a grant to the 

16 Fisher House Foundation, Inc., only for the construction 

17 and furnishing of additional Fisher Houses to meet the 

18 needs of military family members when confronted with 

19 the illness or hospitalization of an eligible military bene20 ficiary. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8072. Of the amounts appropriated in this Act 

23 under the headings ‘‘Procurement, Defense-Wide’’ and 

24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’, $415,115,000 shall be for the Israeli Cooperative 


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1 Programs: Provided, That of this amount, $205,000,000 

2 shall be for the Secretary of Defense to provide to the Gov3 ernment of Israel for the procurement of the Iron Dome 

4 defense system to counter short-range rocket threats, 

5 $84,722,000 shall be for the Short Range Ballistic Missile 

6 Defense (SRBMD) program, including cruise missile de7 fense research and development under the SRBMD pro8 gram, $58,966,000 shall be available for an upper-tier 

9 component to the Israeli Missile Defense Architecture, and 

10 $66,427,000 shall be for the Arrow System Improvement 

11 Program including development of a long range, ground 

12 and airborne, detection suite, of which $12,000,000 shall 

13 be for producing Arrow missile components in the United 

14 States and Arrow missile components in Israel to meet 

15 Israel’s defense requirements, consistent with each na16 tion’s laws, regulations and procedures: Provided further, 

17 That funds made available under this provision for pro18 duction of missiles and missile components may be trans19 ferred to appropriations available for the procurement of 

20 weapons and equipment, to be merged with and to be 

21 available for the same time period and the same purposes 

22 as the appropriation to which transferred: Provided fur23 ther, That the transfer authority provided under this pro24 vision is in addition to any other transfer authority con25 tained in this Act. 


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1 SEC. 8073. None of the funds available to the De2 partment of Defense may be obligated to modify command 

3 and control relationships to give Fleet Forces Command 

4 administrative and operational control of U.S. Navy forces 

5 assigned to the Pacific fleet: Provided, That the command 

6 and control relationships which existed on October 1, 

7 2004, shall remain in force unless changes are specifically 

8 authorized in a subsequent Act. 

9 SEC. 8074. Notwithstanding any other provision of 

10 law or regulation, the Secretary of Defense may exercise 

11 the provisions of section 7403(g) of title 38, United States 

12 Code, for occupations listed in section 7403(a)(2) of title 

13 38, United States Code, as well as the following: 

14 Pharmacists, Audiologists, Psychologists, Social 

15 Workers, Othotists/Prosthetists, Occupational 

16 Therapists, Physical Therapists, Rehabilitation 

17 Therapists, Respiratory Therapists, Speech Patholo18 gists, Dietitian/Nutritionists, Industrial Hygienists, 

19 Psychology Technicians, Social Service Assistants, 

20 Practical Nurses, Nursing Assistants, and Dental 

21 Hygienists: 

22 (A) The requirements of section 

23 7403(g)(1)(A) of title 38, United States Code, 

24 shall apply. 


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1 (B) The limitations of section 

2 7403(g)(1)(B) of title 38, United States Code, 

3 shall not apply. 

4 SEC. 8075. Funds appropriated by this Act, or made 

5 available by the transfer of funds in this Act, for intel6 ligence activities are deemed to be specifically authorized 

7 by the Congress for purposes of section 504 of the Na8 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

9 year 2011 until the enactment of the Intelligence Author10 ization Act for Fiscal Year 2011. 

11 SEC. 8076. None of the funds provided in this Act 

12 shall be available for obligation or expenditure through a 

13 reprogramming of funds that creates or initiates a new 

14 program, project, or activity unless such program, project, 

15 or activity must be undertaken immediately in the interest 

16 of national security and only after written prior notifica17 tion to the congressional defense committees. 

18 SEC. 8077. The budget of the President for fiscal 

19 year 2012 submitted to the Congress pursuant to section 

20 1105 of title 31, United States Code, shall include sepa21 rate budget justification documents for costs of United 

22 States Armed Forces’ participation in contingency oper23 ations for the Military Personnel accounts, the Operation 

24 and Maintenance accounts, and the Procurement ac25 counts: Provided, That these documents shall include a deVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 scription of the funding requested for each contingency op2 eration, for each military service, to include all Active and 

3 Reserve components, and for each appropriations account: 

4 Provided further, That these documents shall include esti5 mated costs for each element of expense or object class, 

6 a reconciliation of increases and decreases for each contin7 gency operation, and programmatic data including, but 

8 not limited to, troop strength for each Active and Reserve 

9 component, and estimates of the major weapons systems 

10 deployed in support of each contingency: Provided further, 

11 That these documents shall include budget exhibits OP– 

12 5 and OP–32 (as defined in the Department of Defense 

13 Financial Management Regulation) for all contingency op14 erations for the budget year and the two preceding fiscal 

15 years. 

16 SEC. 8078. None of the funds in this Act may be 

17 used for research, development, test, evaluation, procure18 ment or deployment of nuclear armed interceptors of a 

19 missile defense system. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8079. In addition to the amounts appropriated 

22 or otherwise made available elsewhere in this Act, 

23 $65,200,000 is hereby appropriated to the Department of 

24 Defense: Provided, That upon the determination of the 

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1 est, he shall make grants in the amounts specified as fol2 lows: $20,000,000 to the United Service Organizations; 

3 $24,000,000 to the Red Cross; $1,200,000 to the Special 

4 Olympics; and $20,000,000 to the Youth Mentoring 

5 Grants Program: Provided further, That funds available 

6 in this section for the Youth Mentoring Grants Program 

7 may be available for transfer to the Department of Justice 

8 Youth Mentoring Grants Program. 

9 SEC. 8080. None of the funds appropriated or made 

10 available in this Act shall be used to reduce or disestablish 

11 the operation of the 53rd Weather Reconnaissance Squad12 ron of the Air Force Reserve, if such action would reduce 

13 the WC–130 Weather Reconnaissance mission below the 

14 levels funded in this Act: Provided, That the Air Force 

15 shall allow the 53rd Weather Reconnaissance Squadron to 

16 perform other missions in support of national defense re17 quirements during the non-hurricane season. 

18 SEC. 8081. None of the funds provided in this Act 

19 shall be available for integration of foreign intelligence in20 formation unless the information has been lawfully col21 lected and processed during the conduct of authorized for22 eign intelligence activities: Provided, That information 

23 pertaining to United States persons shall only be handled 

24 in accordance with protections provided in the Fourth 


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1 Amendment of the United States Constitution as imple2 mented through Executive Order No. 12333. 

3 SEC. 8082. (a) At the time members of reserve com4 ponents of the Armed Forces are called or ordered to ac5 tive duty under section 12302(a) of title 10, United States 

6 Code, each member shall be notified in writing of the ex7 pected period during which the member will be mobilized. 

8 (b) The Secretary of Defense may waive the require9 ments of subsection (a) in any case in which the Secretary 

10 determines that it is necessary to do so to respond to a 

11 national security emergency or to meet dire operational 

12 requirements of the Armed Forces. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8083. The Secretary of Defense may transfer 

15 funds from any available Department of the Navy appro16 priation to any available Navy ship construction appro17 priation for the purpose of liquidating necessary changes 

18 resulting from inflation, market fluctuations, or rate ad19 justments for any ship construction program appropriated 

20 in law: Provided, That the Secretary may transfer not to 

21 exceed $100,000,000 under the authority provided by this 

22 section: Provided further, That the Secretary may not 

23 transfer any funds until 30 days after the proposed trans24 fer has been reported to the Committees on Appropria25 tions of the House of Representatives and the Senate, unVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 less a response from the Committees is received sooner: 

2 Provided further, That any funds transferred pursuant to 

3 this section shall retain the same period of availability as 

4 when originally appropriated: Provided further, That the 

5 transfer authority provided by this section is in addition 

6 to any other transfer authority contained elsewhere in this 

7 Act. 

8 SEC. 8084. For purposes of section 7108 of title 41, 

9 United States Code, any subdivision of appropriations 

10 made under the heading ‘‘Shipbuilding and Conversion, 

11 Navy’’ that is not closed at the time reimbursement is 

12 made shall be available to reimburse the Judgment Fund 

13 and shall be considered for the same purposes as any sub14 division under the heading ‘‘Shipbuilding and Conversion, 

15 Navy’’ appropriations in the current fiscal year or any 

16 prior fiscal year. 

17 SEC. 8085. (a) None of the funds appropriated by 

18 this Act may be used to transfer research and develop19 ment, acquisition, or other program authority relating to 

20 current tactical unmanned aerial vehicles (TUAVs) from 

21 the Army. 

22 (b) The Army shall retain responsibility for and oper23 ational control of the MQ–1C Sky Warrior Unmanned 

24 Aerial Vehicle (UAV) in order to support the Secretary 


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1 of Defense in matters relating to the employment of un2 manned aerial vehicles. 

3 SEC. 8086. Notwithstanding any other provision of 

4 law or regulation, during the current fiscal year and here5 after, the Secretary of Defense may adjust wage rates for 

6 civilian employees hired for certain health care occupa7 tions as authorized for the Secretary of Veterans Affairs 

8 by section 7455 of title 38, United States Code. 

9 SEC. 8087. Up to $15,000,000 of the funds appro10 priated under the heading ‘‘Operation and Maintenance, 

11 Navy’’ may be made available for the Asia Pacific Re12 gional Initiative Program for the purpose of enabling the 

13 Pacific Command to execute Theater Security Cooperation 

14 activities such as humanitarian assistance, and payment 

15 of incremental and personnel costs of training and exer16 cising with foreign security forces: Provided, That funds 

17 made available for this purpose may be used, notwith18 standing any other funding authorities for humanitarian 

19 assistance, security assistance or combined exercise ex20 penses: Provided further, That funds may not be obligated 

21 to provide assistance to any foreign country that is other22 wise prohibited from receiving such type of assistance 

23 under any other provision of law. 

24 SEC. 8088. None of the funds appropriated by this 

25 Act for programs of the Office of the Director of National 


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1 Intelligence shall remain available for obligation beyond 

2 the current fiscal year, except for funds appropriated for 

3 research and technology, which shall remain available until 

4 September 30, 2012. 

5 SEC. 8089. For purposes of section 1553(b) of title 

6 31, United States Code, any subdivision of appropriations 

7 made in this Act under the heading ‘‘Shipbuilding and 

8 Conversion, Navy’’ shall be considered to be for the same 

9 purpose as any subdivision under the heading ‘‘Ship10 building and Conversion, Navy’’ appropriations in any 

11 prior fiscal year, and the 1 percent limitation shall apply 

12 to the total amount of the appropriation. 

13 SEC. 8090. Notwithstanding any other provision of 

14 law, not more than 35 percent of funds provided in this 

15 Act for environmental remediation may be obligated under 

16 indefinite delivery/indefinite quantity contracts with a 

17 total contract value of $130,000,000 or higher. 

18 SEC. 8091. The Director of National Intelligence 

19 shall include the budget exhibits identified in paragraphs 

20 (1) and (2) as described in the Department of Defense 

21 Financial Management Regulation with the congressional 

22 budget justification books: 

23 (1) For procurement programs requesting more 

24 than $20,000,000 in any fiscal year, the P–1, Pro25 curement Program; P–5, Cost Analysis; P–5a, ProVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 curement History and Planning; P–21, Production 

2 Schedule; and P–40, Budget Item Justification. 

3 (2) For research, development, test and evalua4 tion projects requesting more than $10,000,000 in 

5 any fiscal year, the R–1, RDT&E Program; R–2, 

6 RDT&E Budget Item Justification; R–3, RDT&E 

7 Project Cost Analysis; and R–4, RDT&E Program 

8 Schedule Profile. 

9 SEC. 8092. The Secretary of Defense shall create a 

10 major force program category for space for each future11 years defense program of the Department of Defense sub12 mitted to Congress under section 221 of title 10, United 

13 States Code, during fiscal year 2011. The Secretary of De14 fense shall designate an official in the Office of the Sec15 retary of Defense to provide overall supervision of the 

16 preparation and justification of program recommendations 

17 and budget proposals to be included in such major force 

18 program category. 

19 SEC. 8093. (a) Not later than 60 days after enact20 ment of this Act, the Office of the Director of National 

21 Intelligence shall submit a report to the congressional in22 telligence committees to establish the baseline for applica23 tion of reprogramming and transfer authorities for fiscal 

24 year 2011: Provided, That the report shall include— 


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1 (1) a table for each appropriation with a sepa2 rate column to display the President’s budget re3 quest, adjustments made by Congress, adjustments 

4 due to enacted rescissions, if appropriate, and the 

5 fiscal year enacted level; 

6 (2) a delineation in the table for each appro7 priation by Expenditure Center and project; and 

8 (3) an identification of items of special congres9 sional interest. 

10 (b) None of the funds provided for the National Intel11 ligence Program in this Act shall be available for re12 programming or transfer until the report identified in sub13 section (a) is submitted to the congressional intelligence 

14 committees, unless the Director of National Intelligence 

15 certifies in writing to the congressional intelligence com16 mittees that such reprogramming or transfer is necessary 

17 as an emergency requirement. 

18 SEC. 8094. The Director of National Intelligence 

19 shall submit to Congress each year, at or about the time 

20 that the President’s budget is submitted to Congress that 

21 year under section 1105(a) of title 31, United States 

22 Code, a future-years intelligence program (including asso23 ciated annexes) reflecting the estimated expenditures and 

24 proposed appropriations included in that budget. Any such 

25 future-years intelligence program shall cover the fiscal 


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1 year with respect to which the budget is submitted and 

2 at least the four succeeding fiscal years. 

3 SEC. 8095. For the purposes of this Act, the term 

4 ‘‘congressional intelligence committees’’ means the Perma5 nent Select Committee on Intelligence of the House of 

6 Representatives, the Select Committee on Intelligence of 

7 the Senate, the Subcommittee on Defense of the Com8 mittee on Appropriations of the House of Representatives, 

9 and the Subcommittee on Defense of the Committee on 

10 Appropriations of the Senate. 

11 SEC. 8096. The Department of Defense shall con12 tinue to report incremental contingency operations costs 

13 for Operation New Dawn and Operation Enduring Free14 dom on a monthly basis in the Cost of War Execution 

15 Report as prescribed in the Department of Defense Finan16 cial Management Regulation Department of Defense In17 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

18 Operations’’, Annex 1, dated September 2005. 

19 SEC. 8097. The amounts appropriated in title II of 

20 this Act are hereby reduced by $1,983,000,000 to reflect 

21 excess cash balances in Department of Defense Working 

22 Capital Funds, as follows: (1) From ‘‘Operation and Main23 tenance, Army’’, $700,000,000; and (2) From ‘‘Operation 

24 and Maintenance, Defense-Wide’’, $1,283,000,000. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8098. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made 

4 in title II of this Act for ‘‘Operation and Maintenance, 

5 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper6 ation and Maintenance, Air Force’’ may be transferred by 

7 the military department concerned to its central fund es8 tablished for Fisher Houses and Suites pursuant to sec9 tion 2493(d) of title 10, United States Code. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8099. Of the funds appropriated in the Intel12 ligence Community Management Account for the Program 

13 Manager for the Information Sharing Environment, 

14 $24,000,000 is available for transfer by the Director of 

15 National Intelligence to other departments and agencies 

16 for purposes of Government-wide information sharing ac17 tivities: Provided, That funds transferred under this provi18 sion are to be merged with and available for the same pur19 poses and time period as the appropriation to which trans20 ferred: Provided further, That the Office of Management 

21 and Budget must approve any transfers made under this 

22 provision. 

23 SEC. 8100. Funds appropriated by this Act for oper24 ation and maintenance may be available for the purpose 

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1 force Development Fund in accordance with the require2 ments of section 1705 of title 10, United States Code. 

3 SEC. 8101. (a) Any agency receiving funds made 

4 available in this Act, shall, subject to subsections (b) and 

5 (c), post on the public website of that agency any report 

6 required to be submitted by the Congress in this or any 

7 other Act, upon the determination by the head of the agen8 cy that it shall serve the national interest. 

9 (b) Subsection (a) shall not apply to a report if— 

10 (1) the public posting of the report com11 promises national security; or 

12 (2) the report contains proprietary information. 

13 (c) The head of the agency posting such report shall 

14 do so only after such report has been made available to 

15 the requesting Committee or Committees of Congress for 

16 no less than 45 days. 

17 SEC. 8102. (a) None of the funds appropriated or 

18 otherwise made available by this Act may be expended for 

19 any Federal contract for an amount in excess of 

20 $1,000,000 unless the contractor agrees not to— 

21 (1) enter into any agreement with any of its 

22 employees or independent contractors that requires, 

23 as a condition of employment, that the employee or 

24 independent contractor agree to resolve through ar25 bitration any claim under title VII of the Civil 


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1 Rights Act of 1964 or any tort related to or arising 

2 out of sexual assault or harassment, including as3 sault and battery, intentional infliction of emotional 

4 distress, false imprisonment, or negligent hiring, su5 pervision, or retention; or 

6 (2) take any action to enforce any provision of 

7 an existing agreement with an employee or inde8 pendent contractor that mandates that the employee 

9 or independent contractor resolve through arbitra10 tion any claim under title VII of the Civil Rights Act 

11 of 1964 or any tort related to or arising out of sex12 ual assault or harassment, including assault and 

13 battery, intentional infliction of emotional distress, 

14 false imprisonment, or negligent hiring, supervision, 

15 or retention. 

16 (b) None of the funds appropriated or otherwise 

17 made available by this Act may be expended for any Fed18 eral contract unless the contractor certifies that it requires 

19 each covered subcontractor to agree not to enter into, and 

20 not to take any action to enforce any provision of, any 

21 agreement as described in paragraphs (1) and (2) of sub22 section (a), with respect to any employee or independent 

23 contractor performing work related to such subcontract. 

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1 tractor’’ is an entity that has a subcontract in excess of 

2 $1,000,000 on a contract subject to subsection (a). 

3 (c) The prohibitions in this section do not apply with 

4 respect to a contractor’s or subcontractor’s agreements 

5 with employees or independent contractors that may not 

6 be enforced in a court of the United States. 

7 (d) The Secretary of Defense may waive the applica8 tion of subsection (a) or (b) to a particular contractor or 

9 subcontractor for the purposes of a particular contract or 

10 subcontract if the Secretary or the Deputy Secretary per11 sonally determines that the waiver is necessary to avoid 

12 harm to national security interests of the United States, 

13 and that the term of the contract or subcontract is not 

14 longer than necessary to avoid such harm. The determina15 tion shall set forth with specificity the grounds for the 

16 waiver and for the contract or subcontract term selected, 

17 and shall state any alternatives considered in lieu of a 

18 waiver and the reasons each such alternative would not 

19 avoid harm to national security interests of the United 

20 States. The Secretary of Defense shall transmit to Con21 gress, and simultaneously make public, any determination 

22 under this subsection not less than 15 business days be23 fore the contract or subcontract addressed in the deter24 mination may be awarded. 


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1 (e) By March 1, 2011, or within 60 days after enact2 ment of this Act, whichever is later, the Government Ac3 countability Office shall submit a report to the Congress 

4 evaluating the effect that the requirements of this section 

5 have had on national security, including recommendations, 

6 if any, for changes to these requirements. 

7 SEC. 8103. (a) PROHIBITION ON CONVERSION OF

8 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

9 CONTRACTOR PERFORMANCE.—None of the funds appro10 priated by this Act or otherwise available to the Depart11 ment of Defense may be used to begin or announce the 

12 competition to award to a contractor or convert to per13 formance by a contractor any functions performed by Fed14 eral employees pursuant to a study conducted under Office 

15 of Management and Budget (OMB) Circular A–76. 

16 (b) EXCEPTION.—The prohibition in subsection (a) 

17 shall not apply to the award of a function to a contractor 

18 or the conversion of a function to performance by a con19 tractor pursuant to a study conducted under Office of 

20 Management and Budget (OMB) Circular A–76 once all 

21 reporting and certifications required by section 325 of the 

22 National Defense Authorization Act for Fiscal Year 2010 

23 (Public Law 111–84) have been satisfactorily completed. 

24 SEC. 8104. (a)(1) No National Intelligence Program 

25 funds appropriated in this Act may be used for a mission 


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1 critical or mission essential business management infor2 mation technology system that is not registered with the 

3 Director of National Intelligence. A system shall be con4 sidered to be registered with that officer upon the fur5 nishing notice of the system, together with such informa6 tion concerning the system as the Director of the Business 

7 Transformation Office may prescribe. 

8 (2) During the current fiscal year no funds may be 

9 obligated or expended for a financial management auto10 mated information system, a mixed information system 

11 supporting financial and non-financial systems, or a busi12 ness system improvement of more than $3,000,000, within 

13 the Intelligence Community without the approval of the 

14 Business Transformation Office, and the designated Intel15 ligence Community functional lead element. 

16 (b) The Director of the Business Transformation Of17 fice shall provide the congressional intelligence committees 

18 a semi-annual report of approvals under paragraph (1) no 

19 later than March 30 and September 30 of each year. The 

20 report shall include the results of the Business Trans21 formation Investment Review Board’s semi-annual activi22 ties, and each report shall certify that the following steps 

23 have been taken for systems approved under paragraph 

24 (1): 

25 (1) Business process reengineering. 


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1 (2) An analysis of alternatives and an economic 

2 analysis that includes a calculation of the return on 

3 investment. 

4 (3) Assurance the system is compatible with the 

5 enterprise-wide business architecture. 

6 (4) Performance measures. 

7 (5) An information assurance strategy con8 sistent with the Chief Information Officer of the In9 telligence Community. 

10 (c) This section shall not apply to any programmatic 

11 or analytic systems or programmatic or analytic system 

12 improvements. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8105. Of the funds appropriated in this Act for 

15 the Office of the Director of National Intelligence, 

16 $50,000,000, may be transferred to appropriations avail17 able to the Central Intelligence Agency, the National Secu18 rity Agency, and the National Geospatial Intelligence 

19 Agency, the Defense Intelligence Agency and the National 

20 Reconnaissance Office for the Business Transformation 

21 Transfer Funds, to be merged with and to be available 

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

23 appropriation to which transferred: Provided, That the 

24 transfer authority provided under this provision is in addi25 tion to any other transfer authority contained in this Act. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8106. In addition to funds made available else3 where in this Act, there is hereby appropriated 

4 $538,875,000, to remain available until transferred: Pro5 vided, That these funds are appropriated to the ‘‘Tanker 

6 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

7 elsewhere in this section): Provided further, That the Sec8 retary of the Air Force may transfer amounts in the Fund 

9 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 

10 Procurement, Air Force’’, and ‘‘Research, Development, 

11 Test and Evaluation, Air Force’’, only for the purposes 

12 of proceeding with a tanker acquisition program: Provided 

13 further, That funds transferred shall be merged with and 

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

15 period as the appropriations or fund to which transferred: 

16 Provided further, That this transfer authority is in addi17 tion to any other transfer authority available to the De18 partment of Defense: Provided further, That the Secretary 

19 of the Air Force shall, not fewer than 15 days prior to 

20 making transfers using funds provided in this section, no21 tify the congressional defense committees in writing of the 

22 details of any such transfer: Provided further, That the 

23 Secretary shall submit a report no later than 30 days after 

24 the end of each fiscal quarter to the congressional defense 


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1 committees summarizing the details of the transfer of 

2 funds from this appropriation. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8107. From within the funds appropriated for 

5 operation and maintenance for the Defense Health Pro6 gram in this Act, up to $132,200,000, shall be available 

7 for transfer to the Joint Department of Defense-Depart8 ment of Veterans Affairs Medical Facility Demonstration 

9 Fund in accordance with the provisions of section 1704 

10 of the National Defense Authorization Act for Fiscal Year 

11 2010, Public Law 111–84: Provided, That for purposes 

12 of section 1704(b), the facility operations funded are oper13 ations of the integrated Captain James A. Lovell Federal 

14 Health Care Center, consisting of the North Chicago Vet15 erans Affairs Medical Center, the Navy Ambulatory Care 

16 Center, and supporting facilities designated as a combined 

17 Federal medical facility as described by section 706 of 

18 Public Law 110–417: Provided further, That additional 

19 funds may be transferred from funds appropriated for op20 eration and maintenance for the Defense Health Program 

21 to the Joint Department of Defense-Department of Vet22 erans Affairs Medical Facility Demonstration Fund upon 

23 written notification by the Secretary of Defense to the 

24 Committees on Appropriations of the House of Represent25 atives and the Senate. 


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1 SEC. 8108. (a) Of the amounts made available in this 

2 Act under the heading ‘‘Operation and Maintenance, 

3 Navy’’, not less than $2,000,000, shall be made available 

4 for leveraging the Army’s Contractor Manpower Reporting 

5 Application, modified as appropriate for Service-specific 

6 requirements, for documenting the number of full-time 

7 contractor employees (or its equivalent) pursuant to 

8 United States Code title 10, section 2330a(c) and meeting 

9 the requirements of United States Code title 10, section 

10 2330a(e) and United States Code title 10, section 235. 

11 (b) Of the amounts made available in this Act under 

12 the heading ‘‘Operation and Maintenance, Air Force’’, not 

13 less than $2,000,000 shall be made available for 

14 leveraging the Army’s Contractor Manpower Reporting 

15 Application, modified as appropriate for Service-specific 

16 requirements, for documenting the number of full-time 

17 contractor employees (or its equivalent) pursuant to 

18 United States Code title 10 section 2330a(c) and meeting 

19 the requirements of United States Code title 10, section 

20 2330a(e) and United States Code title 10, section 235. 

21 (c) The Secretaries of the Army, Navy, Air Force, 

22 and the Directors of the Defense Agencies and Field Ac23 tivities (in coordination with the appropriate Principal 

24 Staff Assistant), in coordination with the Under Secretary 

25 of Defense for Personnel and Readiness, shall report to 


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1 the congressional defense committees within 60 days of 

2 enactment of this Act their plan for documenting the num3 ber of full-time contractor employees (or its equivalent), 

4 as required by United States Code title 10, section 2330a. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8109. In addition to amounts provided else7 where in this Act, there is appropriated $250,000,000, for 

8 an additional amount for ‘‘Operation and Maintenance, 

9 Defense-Wide’’, to be available until expended: Provided, 

10 That such funds shall only be available to the Secretary 

11 of Defense, acting through the Office of Economic Adjust12 ment of the Department of Defense, or for transfer to the 

13 Secretary of Education, notwithstanding any other provi14 sion of law, to make grants, conclude cooperative agree15 ments, or supplement other Federal funds to construct, 

16 renovate, repair, or expand elementary and secondary pub17 lic schools on military installations in order to address ca18 pacity or facility condition deficiencies at such schools: 

19 Provided further, That in making such funds available, the 

20 Office of Economic Adjustment or the Secretary of Edu21 cation shall give priority consideration to those military 

22 installations with schools having the most serious capacity 

23 or facility condition deficiencies as determined by the Sec24 retary of Defense. 


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1 SEC. 8110. In addition to amounts provided else2 where in this Act, there is appropriated $300,000,000, for 

3 an additional amount for ‘‘Operation and Maintenance, 

4 Defense-Wide’’, to remain available until expended. Such 

5 funds may be available for the Office of Economic Adjust6 ment, notwithstanding any other provision of law, for 

7 transportation infrastructure improvements associated 

8 with medical facilities related to recommendations of the 

9 Defense Base Closure and Realignment Commission. 

10 SEC. 8111. Section 310(b) of the Supplemental Ap11 propriations Act, 2009 (Public Law 111–32; 124 Stat. 

12 1871) is amended by striking ‘‘1 year’’ both places it ap13 pears and inserting ‘‘2 years’’. 

14 SEC. 8112. The Office of the Director of National 

15 Intelligence shall not employ more Senior Executive em16 ployees than are specified in the classified annex: Pro17 vided, That not later than 90 days after enactment of this 

18 Act, the Director of National Intelligence shall certify that 

19 the Office of the Director of National Intelligence selects 

20 individuals for Senior Executive positions in a manner 

21 consistent with statutes, regulations, and the requirements 

22 of other Federal agencies in making such appointments 

23 and will submit its policies and procedures related to the 

24 appointment of personnel to Senior Executive positions to 

25 the congressional intelligence oversight committees. 


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1 SEC. 8113. For all major defense acquisition pro2 grams for which the Department of Defense plans to pro3 ceed to source selection during the current fiscal year, the 

4 Secretary of Defense shall perform an assessment of the 

5 winning bidder to determine whether or not the proposed 

6 costs are realistic and reasonable with respect to proposed 

7 development and production costs. The Secretary of De8 fense shall provide a report of these assessments, to spe9 cifically include whether any cost assessments determined 

10 that such proposed costs were unreasonable or unrealistic, 

11 to the congressional defense committees not later than 60 

12 days after enactment of this Act and on a quarterly basis 

13 thereafter. 

14 SEC. 8114. (a) The Deputy Under Secretary of De15 fense for Installations and Environment, in collaboration 

16 with the Secretary of Energy, shall conduct energy secu17 rity pilot projects at facilities of the Department of De18 fense. 

19 (b) In addition to the amounts provided elsewhere in 

20 this Act, $20,000,000, is appropriated to the Department 

21 of Defense for ‘‘Operation and Maintenance, Defense22 Wide’’ for energy security pilot projects under subsection 

23 (a). 

24 SEC. 8115. None of the funds appropriated or other25 wise made available by this Act may be obligated or exVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 pended to pay a retired general or flag officer to serve 

2 as a senior mentor advising the Department of Defense 

3 unless such retired officer files a Standard Form 278 (or 

4 successor form concerning public financial disclosure 

5 under part 2634 of title 5, Code of Federal Regulations) 

6 to the Office of Government Ethics. 

7 SEC. 8116. Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary of Defense, 

9 the Chief of the Air Force Reserve, and the Director of 

10 the National Guard Bureau, in collaboration with the Sec11 retary of Agriculture and the Secretary of the Interior, 

12 shall submit to the Committees on Appropriations of the 

13 House and Senate, the House Committee on Agriculture, 

14 the Senate Committee on Agriculture, Nutrition and For15 estry, the House Committee on Natural Resources, and 

16 the Senate Committee on Energy and Natural Resources 

17 a report of firefighting aviation assets. The report re18 quired under this section shall include each of the fol19 lowing: 

20 (1) A description of the programming details 

21 necessary to obtain an appropriate mix of fixed wing 

22 and rotor wing firefighting assets needed to produce 

23 an effective aviation resource base to support the 

24 wildland fire management program into the future. 

25 Such programming details shall include the acquisiVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 tion and contracting needs of the mix of aviation re2 sources fleet, including the acquisition of up to 24 

3 C–130Js equipped with the Mobile Airborne Fire 

4 Fighting System II (in this section referred to as 

5 ‘‘MAFFS’’), to be acquired over several fiscal years 

6 starting in fiscal year 2012. 

7 (2) The costs associated with acquisition and 

8 contracting of the aviation assets described in para9 graph (1). 

10 (3) A description of the costs of the operation, 

11 maintenance, and sustainment of a fixed and rotor 

12 wing aviation fleet, including a C–130J/MAFFS II 

13 in an Air National Guard tactical airlift unit con14 struct of 4, 6, or 8 C–130Js per unit starting in fis15 cal year 2012, projected out through fiscal year 

16 2020. Such description shall include the projected 

17 costs associated with each of the following through 

18 fiscal year 2020: 

19 (A) Crew ratio based on 4, 6, or 8 C–130J 

20 Air National Guard unit construct and require21 ment for full-time equivalent crews. 

22 (B) Associated maintenance and other sup23 port personnel and requirement for full-time 

24 equivalent positions. 


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1 (C) Yearly flying hour model and the cost 

2 for use of a fixed and rotor wing aviation fleet, 

3 including C–130J in its MAFFS capacity sup4 porting the United States Forest Service. 

5 (D) Yearly flying hour model and cost for 

6 use of a C–130J in its capacity supporting Air 

7 National Guard tactical airlift training. 

8 (E) Any other costs required to conduct 

9 both the airlift and firefighting missions, in10 cluding the Air National Guard unit construct 

11 for C–130Js. 

12 (4) Proposed program management, utilization, 

13 and cost share arrangements for the aircraft de14 scribed in paragraph (1) for primary support of the 

15 Forest Service and secondary support, on an as 

16 available basis, for the Department of Defense, to17 gether with any proposed statutory language needed 

18 to authorize and effectuate the same. 

19 (5) An integrated plan for the Forest Service 

20 and the Department of the Interior wildland fire 

21 management programs to operate the fire fighting 

22 air tanker assets referred to in this section. 

23 SEC. 8117. Notwithstanding any other provision of 

24 this Act, to reflect savings from revised economic assump25 tions, the total amount appropriated in title II of this Act 


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1 is hereby reduced by $532,000,000, the total amount ap2 propriated in title III of this Act is hereby reduced by 

3 $564,000,000, and the total amount appropriated in title 

4 IV of this Act is hereby reduced by $381,000,000: Pro5 vided, That the Secretary of Defense shall allocate this 

6 reduction proportionally to each budget activity, activity 

7 group, subactivity group, and each program, project, and 

8 activity, within each appropriation account. 

9 SEC. 8118. The total amount available in this Act 

10 for pay for civilian personnel of the Department of De11 fense for fiscal year 2011 shall be the amount otherwise 

12 appropriated or made available by this Act for such pay 

13 reduced by $723,000,000. 

14 SEC. 8119. None of the funds appropriated or other15 wise made available to the Department of Defense may 

16 be used for the disestablishment, closure, or realignment 

17 of the Joint Forces Command unless within 120 days of 

18 the enactment of this Act— 

19 (1) the Secretary of Defense notifies the con20 gressional defense committees of the proposed dis21 establishment, closure, or realignment of the Joint 

22 Forces Command; and 

23 (2) the Secretary submits to the congressional 

24 defense committees a plan for the disestablishment, 


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1 closure, or realignment of the Joint Forces Com2 mand, which plan shall contain at a minimum— 

3 (A) an explanation of the projected savings 

4 of the proposed disestablishment, closure, or re5 alignment; 

6 (B) a cost-benefit analysis of the proposed 

7 disestablishment, closure, or realignment; 

8 (C) the budgetary impact of the proposed 

9 disestablishment, closure, or realignment; 

10 (D) the strategic and operational con11 sequences of the proposed disestablishment, clo12 sure, or realignment; and 

13 (E) an appropriate local economic assess14 ment of the proposed disestablishment, closure, 

15 or realignment, which shall include at a min16 imum— 

17 (i) a list of Federal, State, and local 

18 government departments and agencies that 

19 are required by statute or regulation to 

20 provide assistance and outreach for the 

21 community affected by the proposed dis22 establishment, closure, or realignment; and 

23 (ii) a list of the contractors and busi24 nesses affected by the proposed disestab25 lishment, closure, or realignment. 


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1 SEC. 8120. The explanatory statement regarding this 

2 Act, printed in the House of Representatives section of 

3 the Congressional Record on or about April 13, 2011, by 

4 the Chairman of the Committee on Appropriations of the 

5 House of Representatives, shall have the same effect with 

6 respect to the allocation of funds and implementation of 

7 this Act as if it were a Report of the Committee on Appro8 priations. 

9 TITLE IX 

10 OVERSEAS CONTINGENCY OPERATIONS 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel, 

14 Army’’, $11,107,033,000: Provided, That each amount in 

15 this paragraph is designated as being for contingency op16 erations directly related to the global war on terrorism 

17 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

18 and as an emergency requirement pursuant to section 

19 403(a) of S. Con. Res. 13 (111th Congress), the concur20 rent resolution on the budget for fiscal year 2010. 

21 MILITARY PERSONNEL, NAVY

22 For an additional amount for ‘‘Military Personnel, 

23 Navy’’, $1,308,719,000: Provided, That each amount in 

24 this paragraph is designated as being for contingency op25 erations directly related to the global war on terrorism 


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1 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

2 and as an emergency requirement pursuant to section 

3 403(a) of S. Con. Res. 13 (111th Congress), the concur4 rent resolution on the budget for fiscal year 2010. 

5 MILITARY PERSONNEL, MARINE CORPS

6 For an additional amount for ‘‘Military Personnel, 

7 Marine Corps’’, $732,920,000: Provided, That each 

8 amount in this paragraph is designated as being for con9 tingency operations directly related to the global war on 

10 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

11 Congress) and as an emergency requirement pursuant to 

12 section 403(a) of S. Con. Res. 13 (111th Congress), the 

13 concurrent resolution on the budget for fiscal year 2010. 

14 MILITARY PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘Military Personnel, 

16 Air Force’’, $1,843,442,000: Provided, That each amount 

17 in this paragraph is designated as being for contingency 

18 operations directly related to the global war on terrorism 

19 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

20 and as an emergency requirement pursuant to section 

21 403(a) of S. Con. Res. 13 (111th Congress), the concur22 rent resolution on the budget for fiscal year 2010. 

23 RESERVE PERSONNEL, ARMY

24 For an additional amount for ‘‘Reserve Personnel, 

25 Army’’, $268,031,000: Provided, That each amount in this 


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1 paragraph is designated as being for contingency oper2 ations directly related to the global war on terrorism pur3 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

4 and as an emergency requirement pursuant to section 

5 403(a) of S. Con. Res. 13 (111th Congress), the concur6 rent resolution on the budget for fiscal year 2010. 

7 RESERVE PERSONNEL, NAVY

8 For an additional amount for ‘‘Reserve Personnel, 

9 Navy’’, $48,912,000: Provided, That each amount in this 

10 paragraph is designated as being for contingency oper11 ations directly related to the global war on terrorism pur12 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

13 and as an emergency requirement pursuant to section 

14 403(a) of S. Con. Res. 13 (111th Congress), the concur15 rent resolution on the budget for fiscal year 2010. 

16 RESERVE PERSONNEL, MARINE CORPS

17 For an additional amount for ‘‘Reserve Personnel, 

18 Marine Corps’’, $45,437,000: Provided, That each amount 

19 in this paragraph is designated as being for contingency 

20 operations directly related to the global war on terrorism 

21 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

22 and as an emergency requirement pursuant to section 

23 403(a) of S. Con. Res. 13 (111th Congress), the concur24 rent resolution on the budget for fiscal year 2010. 


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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, 

3 Air Force’’, $27,002,000: Provided, That each amount in 

4 this paragraph is designated as being for contingency op5 erations directly related to the global war on terrorism 

6 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

7 and as an emergency requirement pursuant to section 

8 403(a) of S. Con. Res. 13 (111th Congress), the concur9 rent resolution on the budget for fiscal year 2010. 

10 NATIONAL GUARD PERSONNEL, ARMY

11 For an additional amount for ‘‘National Guard Per12 sonnel, Army’’, $853,022,000: Provided, That each 

13 amount in this paragraph is designated as being for con14 tingency operations directly related to the global war on 

15 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

16 Congress) and as an emergency requirement pursuant to 

17 section 403(a) of S. Con. Res. 13 (111th Congress), the 

18 concurrent resolution on the budget for fiscal year 2010. 

19 NATIONAL GUARD PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘National Guard Per21 sonnel, Air Force’’, $16,860,000: Provided, That each 

22 amount in this paragraph is designated as being for con23 tingency operations directly related to the global war on 

24 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

25 Congress) and as an emergency requirement pursuant to 


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1 section 403(a) of S. Con. Res. 13 (111th Congress), the 

2 concurrent resolution on the budget for fiscal year 2010. 

3 OPERATION AND MAINTENANCE 

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Main6 tenance, Army’’, $59,162,782,000: Provided, That each 

7 amount in this paragraph is designated as being for con8 tingency operations directly related to the global war on 

9 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

10 Congress) and as an emergency requirement pursuant to 

11 section 403(a) of S. Con. Res. 13 (111th Congress), the 

12 concurrent resolution on the budget for fiscal year 2010. 

13 OPERATION AND MAINTENANCE, NAVY

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy’’, $8,970,724,000: Provided, That each 

16 amount in this paragraph is designated as being for con17 tingency operations directly related to the global war on 

18 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

19 Congress) and as an emergency requirement pursuant to 

20 section 403(a) of S. Con. Res. 13 (111th Congress), the 

21 concurrent resolution on the budget for fiscal year 2010. 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps’’, $4,008,022,000: Provided, That 

25 each amount in this paragraph is designated as being for 


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1 contingency operations directly related to the global war 

2 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

3 (112th Congress) and as an emergency requirement pur4 suant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 OPERATION AND MAINTENANCE, AIR FORCE

8 For an additional amount for ‘‘Operation and Main9 tenance, Air Force’’, $12,969,643,000: Provided, That 

10 each amount in this paragraph is designated as being for 

11 contingency operations directly related to the global war 

12 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

13 (112th Congress) and as an emergency requirement pur14 suant to section 403(a) of S. Con. Res. 13 (111th Con15 gress), the concurrent resolution on the budget for fiscal 

16 year 2010. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $9,276,990,000: Provided, That 

20 each amount in this section is designated as being for con21 tingency operations directly related to the global war on 

22 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

23 Congress) and as an emergency requirement pursuant to 

24 section 403(a) of S. Con. Res. 13 (111th Congress), the 

25 concurrent resolution on the budget for fiscal year 2010: 


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1 Provided further, That of the funds provided under this 

2 heading: 

3 (1) Not to exceed $12,500,000 for the Combat4 ant Commander Initiative Fund, to be used in sup5 port of Operation New Dawn and Operation Endur6 ing Freedom. 

7 (2) Not to exceed $1,600,000,000, to remain 

8 available until expended, for payments to reimburse 

9 key cooperating nations for logistical, military, and 

10 other support, including access provided to United 

11 States military operations in support of Operation 

12 New Dawn and Operation Enduring Freedom, not13 withstanding any other provision of law: Provided, 

14 That such reimbursement payments may be made in 

15 such amounts as the Secretary of Defense, with the 

16 concurrence of the Secretary of State, and in con17 sultation with the Director of the Office of Manage18 ment and Budget, may determine, in his discretion, 

19 based on documentation determined by the Secretary 

20 of Defense to adequately account for the support 

21 provided, and such determination is final and con22 clusive upon the accounting officers of the United 

23 States, and 15 days following notification to the ap24 propriate congressional committees: Provided further, 

25 That the requirement to provide notification shall 


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1 not apply with respect to a reimbursement for access 

2 based on an international agreement: Provided fur3 ther, That these funds may be used for the purpose 

4 of providing specialized training and procuring sup5 plies and specialized equipment and providing such 

6 supplies and loaning such equipment on a non-reim7 bursable basis to coalition forces supporting United 

8 States military operations in Iraq and Afghanistan, 

9 and 15 days following notification to the appropriate 

10 congressional committees: Provided further, That the 

11 Secretary of Defense shall provide quarterly reports 

12 to the congressional defense committees on the use 

13 of funds provided in this paragraph. 

14 OPERATION AND MAINTENANCE, ARMY RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Army Reserve’’, $206,784,000: Provided, That 

17 each amount in this paragraph is designated as being for 

18 contingency operations directly related to the global war 

19 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

20 (112th Congress) and as an emergency requirement pur21 suant to section 403(a) of S. Con. Res. 13 (111th Con22 gress), the concurrent resolution on the budget for fiscal 

23 year 2010. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy Reserve’’, $93,559,000: Provided, That 

4 each amount in this paragraph is designated as being for 

5 contingency operations directly related to the global war 

6 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

7 (112th Congress) and as an emergency requirement pur8 suant to section 403(a) of S. Con. Res. 13 (111th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2010. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps Reserve’’, $29,685,000: Provided, 

15 That each amount in this paragraph is designated as 

16 being for contingency operations directly related to the 

17 global war on terrorism pursuant to section 3(c)(2) of H. 

18 Res. 5 (112th Congress) and as an emergency requirement 

19 pursuant to section 403(a) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Air Force Reserve’’, $188,807,000: Provided, 

25 That each amount in this paragraph is designated as 


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1 being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 OPERATION AND MAINTENANCE, ARMY NATIONAL

8 GUARD

9 For an additional amount for ‘‘Operation and Main10 tenance, Army National Guard’’, $497,849,000: Provided, 

11 That each amount in this paragraph is designated as 

12 being for contingency operations directly related to the 

13 global war on terrorism pursuant to section 3(c)(2) of H. 

14 Res. 5 (112th Congress) and as an emergency requirement 

15 pursuant to section 403(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Air National Guard’’, $402,983,000: Provided, 

21 That each amount in this paragraph is designated as 

22 being for contingency operations directly related to the 

23 global war on terrorism pursuant to section 3(c)(2) of H. 

24 Res. 5 (112th Congress) and as an emergency requirement 

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 AFGHANISTAN INFRASTRUCTURE FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 There is hereby established in the Treasury of the 

6 United States the ‘‘Afghanistan Infrastructure Fund’’. 

7 For the ‘‘Afghanistan Infrastructure Fund’’, 

8 $400,000,000, to remain available until September 30, 

9 2012: Provided, That such sums shall be available for in10 frastructure projects in Afghanistan, notwithstanding any 

11 other provision of law, which shall be undertaken by the 

12 Secretary of State, unless the Secretary of State and the 

13 Secretary of Defense jointly decide that a specific project 

14 will be undertaken by the Department of Defense: Pro15 vided further, That the infrastructure referred to in the 

16 preceding proviso is in support of the counterinsurgency 

17 strategy, requiring funding for facility and infrastructure 

18 projects, including, but not limited to, water, power, and 

19 transportation projects and related maintenance and 

20 sustainment costs: Provided further, That the authority to 

21 undertake such infrastructure projects is in addition to 

22 any other authority to provide assistance to foreign na23 tions: Provided further, That any projects funded by this 

24 appropriation shall be jointly formulated and concurred in 

25 by the Secretary of State and Secretary of Defense: ProVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 vided further, That funds may be transferred to the De2 partment of State for purposes of undertaking projects, 

3 which funds shall be considered to be economic assistance 

4 under the Foreign Assistance Act of 1961 for purposes 

5 of making available the administrative authorities con6 tained in that Act: Provided further, That the transfer au7 thority in the preceding proviso is in addition to any other 

8 authority available to the Department of Defense to trans9 fer funds: Provided further, That any unexpended funds 

10 transferred to the Secretary of State under this authority 

11 shall be returned to the Afghanistan Infrastructure Fund 

12 if the Secretary of State, in coordination with the Sec13 retary of Defense, determines that the project cannot be 

14 implemented for any reason, or that the project no longer 

15 supports the counterinsurgency strategy in Afghanistan: 

16 Provided further, That any funds returned to the Sec17 retary of Defense under the previous proviso shall be avail18 able for use under this appropriation and shall be treated 

19 in the same manner as funds not transferred to the Sec20 retary of State: Provided further, That contributions of 

21 funds for the purposes provided herein to the Secretary 

22 of State in accordance with section 635(d) of the Foreign 

23 Assistance Act from any person, foreign government, or 

24 international organization may be credited to this Fund, 

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1 poses: Provided further, That the Secretary of Defense 

2 shall, not fewer than 15 days prior to making transfers 

3 to or from, or obligations from the Fund, notify the appro4 priate committees of Congress in writing of the details of 

5 any such transfer: Provided further, That the ‘‘appropriate 

6 committees of Congress’’ are the Committees on Armed 

7 Services, Foreign Relations and Appropriations of the 

8 Senate and the Committees on Armed Services, Foreign 

9 Affairs and Appropriations of the House of Representa10 tives: Provided further, That each amount in this para11 graph is designated as being for contingency operations 

12 directly related to the global war on terrorism pursuant 

13 to section 3(c)(2) of H. Res. 5 (112th Congress) and as 

14 an emergency requirement pursuant to section 403(a) of 

15 S. Con. Res. 13 (111th Congress), the concurrent resolu16 tion on the budget for fiscal year 2010. 

17 AFGHANISTAN SECURITY FORCES FUND

18 For the ‘‘Afghanistan Security Forces Fund’’, 

19 $11,619,283,000, to remain available until September 30, 

20 2012: Provided, That such funds shall be available to the 

21 Secretary of Defense, notwithstanding any other provision 

22 of law, for the purpose of allowing the Commander, Com23 bined Security Transition Command—Afghanistan, or the 

24 Secretary’s designee, to provide assistance, with the con25 currence of the Secretary of State, to the security forces 


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1 of Afghanistan, including the provision of equipment, sup2 plies, services, training, facility and infrastructure repair, 

3 renovation, and construction, and funding: Provided fur4 ther, That the authority to provide assistance under this 

5 heading is in addition to any other authority to provide 

6 assistance to foreign nations: Provided further, That up 

7 to $15,000,000 of these funds may be available for coali8 tion police trainer life support costs: Provided further, 

9 That contributions of funds for the purposes provided 

10 herein from any person, foreign government, or inter11 national organization may be credited to this Fund and 

12 used for such purposes: Provided further, That the Sec13 retary of Defense shall notify the congressional defense 

14 committees in writing upon the receipt and upon the obli15 gation of any contribution, delineating the sources and 

16 amounts of the funds received and the specific use of such 

17 contributions: Provided further, That the Secretary of De18 fense shall, not fewer than 15 days prior to obligating 

19 from this appropriation account, notify the congressional 

20 defense committees in writing of the details of any such 

21 obligation: Provided further, That the Secretary of Defense 

22 shall notify the congressional defense committees of any 

23 proposed new projects or transfer of funds between budget 

24 sub-activity groups in excess of $20,000,000: Provided fur25 ther, That each amount in this paragraph is designated 


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1 as being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 IRAQ SECURITY FORCES FUND

8 For the ‘‘Iraq Security Forces Fund’’, 

9 $1,500,000,000, to remain available until September 30, 

10 2012: Provided, That such funds shall be available to the 

11 Secretary of Defense, notwithstanding any other provision 

12 of law, for the purpose of allowing the Commander, United 

13 States Forces-Iraq, or the Secretary’s designee, to provide 

14 assistance, with the concurrence of the Secretary of State, 

15 to the security forces of Iraq, including the provision of 

16 equipment, supplies, services, training, facility and infra17 structure repair, and renovation: Provided further, That 

18 the authority to provide assistance under this heading is 

19 in addition to any other authority to provide assistance 

20 to foreign nations: Provided further, That contributions of 

21 funds for the purposes provided herein from any person, 

22 foreign government, or international organization may be 

23 credited to this Fund and used for such purposes: Pro24 vided further, That the Secretary shall notify the congres25 sional defense committees in writing upon the receipt and 


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1 upon the obligation of any contribution, delineating the 

2 sources and amounts of the funds received and the specific 

3 use of such contributions: Provided further, That the Sec4 retary of Defense shall, not fewer than 15 days prior to 

5 obligating from this appropriation account, notify the con6 gressional defense committees in writing of the details of 

7 any such obligation: Provided further, That the Secretary 

8 of Defense shall notify the congressional defense commit9 tees of any proposed new projects or transfer of funds be10 tween budget sub-activity groups in excess of 

11 $20,000,000: Provided further, That each amount in this 

12 paragraph is designated as being for contingency oper13 ations directly related to the global war on terrorism pur14 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 PAKISTAN COUNTERINSURGENCY FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Pakistan Counterinsurgency Fund’’, 

21 $800,000,000, to remain available until September 30, 

22 2012: Provided, That such funds shall be available to the 

23 Secretary of Defense, with the concurrence of the Sec24 retary of State, notwithstanding any other provision of 

25 law, for the purpose of allowing the Secretary of Defense, 


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1 or the Secretary’s designee, to provide assistance to Paki2 stan’s security forces; including program management and 

3 the provision of equipment, supplies, services, training, 

4 and funds; and facility and infrastructure repair, renova5 tion, and construction to build the counterinsurgency ca6 pability of Pakistan’s military and Frontier Corps: Pro7 vided further, That the authority to provide assistance 

8 under this provision is in addition to any other authority 

9 to provide assistance to foreign nations: Provided further, 

10 That the Secretary of Defense may transfer funds pro11 vided herein to appropriations for operation and mainte12 nance; procurement; research, development, test and eval13 uation; defense working capital funds; and to the Depart14 ment of State, Pakistan Counterinsurgency Capability 

15 Fund to accomplish the purpose provided herein: Provided 

16 further, That the transfer authority in the preceding pro17 viso is in addition to any other authority available to the 

18 Department of Defense to transfer funds: Provided fur19 ther, That funds so transferred shall be merged with and 

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

21 period as the appropriation or fund to which transferred: 

22 Provided further, That the Secretary of Defense shall, not 

23 fewer than 15 days prior to making transfers from this 

24 appropriation account, notify the Committees on Appro25 priations in writing of the details of any such transfer: 


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1 Provided further, That each amount in this paragraph is 

2 designated as being for contingency operations directly re3 lated to the global war on terrorism pursuant to section 

4 3(c)(2) of H. Res. 5 (112th Congress) and as an emer5 gency requirement pursuant to section 403(a) of S. Con. 

6 Res. 13 (111th Congress), the concurrent resolution on 

7 the budget for fiscal year 2010. 

8 PROCUREMENT 

9 AIRCRAFT PROCUREMENT, ARMY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Army’’, $2,720,138,000, to remain available until Sep12 tember 30, 2013: Provided, That each amount in this 

13 paragraph is designated as being for contingency oper14 ations directly related to the global war on terrorism pur15 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

16 and as an emergency requirement pursuant to section 

17 403(a) of S. Con. Res. 13 (111th Congress), the concur18 rent resolution on the budget for fiscal year 2010. 

19 MISSILE PROCUREMENT, ARMY

20 For an additional amount for ‘‘Missile Procurement, 

21 Army’’, $343,828,000, to remain available until Sep22 tember 30, 2013: Provided, That each amount in this 

23 paragraph is designated as being for contingency oper24 ations directly related to the global war on terrorism pur25 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 


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1 and as an emergency requirement pursuant to section 

2 403(a) of S. Con. Res. 13 (111th Congress), the concur3 rent resolution on the budget for fiscal year 2010. 

4 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

5 VEHICLES, ARMY

6 For an additional amount for ‘‘Procurement of Weap7 ons and Tracked Combat Vehicles, Army’’, $896,996,000, 

8 to remain available until September 30, 2013: Provided, 

9 That each amount in this paragraph is designated as 

10 being for contingency operations directly related to the 

11 global war on terrorism pursuant to section 3(c)(2) of H. 

12 Res. 5 (112th Congress) and as an emergency requirement 

13 pursuant to section 403(a) of S. Con. Res. 13 (111th Con14 gress), the concurrent resolution on the budget for fiscal 

15 year 2010. 

16 PROCUREMENT OF AMMUNITION, ARMY

17 For an additional amount for ‘‘Procurement of Am18 munition, Army’’, $369,885,000, to remain available until 

19 September 30, 2013: Provided, That each amount in this 

20 paragraph is designated as being for contingency oper21 ations directly related to the global war on terrorism pur22 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

23 and as an emergency requirement pursuant to section 

24 403(a) of S. Con. Res. 13 (111th Congress), the concur25 rent resolution on the budget for fiscal year 2010. 


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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $6,401,832,000, to remain available until Sep4 tember 30, 2013: Provided, That each amount in this 

5 paragraph is designated as being for contingency oper6 ations directly related to the global war on terrorism pur7 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

8 and as an emergency requirement pursuant to section 

9 403(a) of S. Con. Res. 13 (111th Congress), the concur10 rent resolution on the budget for fiscal year 2010. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Navy’’, $1,169,549,000, to remain available until Sep14 tember 30, 2013: Provided, That each amount in this 

15 paragraph is designated as being for contingency oper16 ations directly related to the global war on terrorism pur17 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

18 and as an emergency requirement pursuant to section 

19 403(a) of S. Con. Res. 13 (111th Congress), the concur20 rent resolution on the budget for fiscal year 2010. 

21 WEAPONS PROCUREMENT, NAVY

22 For an additional amount for ‘‘Weapons Procure23 ment, Navy’’, $90,502,000, to remain available until Sep24 tember 30, 2013: Provided, That each amount in this 

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1 ations directly related to the global war on terrorism pur2 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

3 and as an emergency requirement pursuant to section 

4 403(a) of S. Con. Res. 13 (111th Congress), the concur5 rent resolution on the budget for fiscal year 2010. 

6 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

7 CORPS

8 For an additional amount for ‘‘Procurement of Am9 munition, Navy and Marine Corps’’, $558,024,000, to re10 main available until September 30, 2013: Provided, That 

11 each amount in this paragraph is designated as being for 

12 contingency operations directly related to the global war 

13 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

14 (112th Congress) and as an emergency requirement pur15 suant to section 403(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement, 

20 Navy’’, $316,835,000, to remain available until September 

21 30, 2013: Provided, That each amount in this paragraph 

22 is designated as being for contingency operations directly 

23 related to the global war on terrorism pursuant to section 

24 3(c)(2) of H. Res. 5 (112th Congress) and as an emer25 gency requirement pursuant to section 403(a) of S. Con. 


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1 Res. 13 (111th Congress), the concurrent resolution on 

2 the budget for fiscal year 2010. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $1,589,119,000, to remain available until Sep6 tember 30, 2013: Provided, That each amount in this 

7 paragraph is designated as being for contingency oper8 ations directly related to the global war on terrorism pur9 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

10 and as an emergency requirement pursuant to section 

11 403(a) of S. Con. Res. 13 (111th Congress), the concur12 rent resolution on the budget for fiscal year 2010. 

13 AIRCRAFT PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Air Force’’, $1,991,955,000, to remain available until 

16 September 30, 2013: Provided, That each amount in this 

17 paragraph is designated as being for contingency oper18 ations directly related to the global war on terrorism pur19 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

20 and as an emergency requirement pursuant to section 

21 403(a) of S. Con. Res. 13 (111th Congress), the concur22 rent resolution on the budget for fiscal year 2010. 

23 MISSILE PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Missile Procurement, 

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1 tember 30, 2013: Provided, That each amount in this 

2 paragraph is designated as being for contingency oper3 ations directly related to the global war on terrorism pur4 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

5 and as an emergency requirement pursuant to section 

6 403(a) of S. Con. Res. 13 (111th Congress), the concur7 rent resolution on the budget for fiscal year 2010. 

8 PROCUREMENT OF AMMUNITION, AIR FORCE

9 For an additional amount for ‘‘Procurement of Am10 munition, Air Force’’, $292,959,000, to remain available 

11 until September 30, 2013: Provided, That each amount 

12 in this paragraph is designated as being for contingency 

13 operations directly related to the global war on terrorism 

14 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 OTHER PROCUREMENT, AIR FORCE

19 For an additional amount for ‘‘Other Procurement, 

20 Air Force’’, $2,868,593,000, to remain available until 

21 September 30, 2013: Provided, That each amount in this 

22 paragraph is designated as being for contingency oper23 ations directly related to the global war on terrorism pur24 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 


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1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 PROCUREMENT, DEFENSE-WIDE

4 For an additional amount for ‘‘Procurement, De5 fense-Wide’’, $1,262,499,000, to remain available until 

6 September 30, 2013: Provided, That each amount in this 

7 paragraph is designated as being for contingency oper8 ations directly related to the global war on terrorism pur9 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

10 and as an emergency requirement pursuant to section 

11 403(a) of S. Con. Res. 13 (111th Congress), the concur12 rent resolution on the budget for fiscal year 2010. 

13 NATIONAL GUARD AND RESERVE EQUIPMENT

14 For procurement of aircraft, missiles, tracked combat 

15 vehicles, ammunition, other weapons and other procure16 ment for the reserve components of the Armed Forces, 

17 $850,000,000, to remain available for obligation until Sep18 tember 30, 2013, of which $250,000,000 shall be available 

19 only for the Army National Guard: Provided, That the 

20 Chiefs of National Guard and Reserve components shall, 

21 not later than 30 days after the enactment of this Act, 

22 individually submit to the congressional defense commit23 tees the modernization priority assessment for their re24 spective National Guard or Reserve component: Provided 

25 further, That each amount in this paragraph is designated 


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1 as being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Mine Resistant Ambush Protected Vehicle 

10 Fund, $3,415,000,000, to remain available until Sep11 tember 30, 2012: Provided, That such funds shall be avail12 able to the Secretary of Defense, notwithstanding any 

13 other provision of law, to procure, sustain, transport, and 

14 field Mine Resistant Ambush Protected vehicles: Provided 

15 further, That the Secretary shall transfer such funds only 

16 to appropriations made available in this or any other Act 

17 for operation and maintenance; procurement; research, de18 velopment, test and evaluation; and defense working cap19 ital funds to accomplish the purpose provided herein: Pro20 vided further, That such transferred funds shall be merged 

21 with and be available for the same purposes and the same 

22 time period as the appropriation to which transferred: 

23 Provided further, That this transfer authority is in addi24 tion to any other transfer authority available to the De25 partment of Defense: Provided further, That the Secretary 


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1 shall, not fewer than 10 days prior to making transfers 

2 from this appropriation, notify the congressional defense 

3 committees in writing of the details of any such transfer: 

4 Provided further, That each amount in this paragraph is 

5 designated as being for contingency operations directly re6 lated to the global war on terrorism pursuant to section 

7 3(c)(2) of H. Res. 5 (112th Congress) and as an emer8 gency requirement pursuant to section 403(a) of S. Con. 

9 Res. 13 (111th Congress), the concurrent resolution on 

10 the budget for fiscal year 2010. 

11 RESEARCH, DEVELOPMENT, TEST AND 

12 EVALUATION 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 ARMY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Army’’, $143,234,000, to re17 main available until September 30, 2012: Provided, That 

18 each amount in this paragraph is designated as being for 

19 contingency operations directly related to the global war 

20 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

21 (112th Congress) and as an emergency requirement pur22 suant to section 403(a) of S. Con. Res. 13 (111th Con23 gress), the concurrent resolution on the budget for fiscal 

24 year 2010. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Navy’’, $104,781,000, to re5 main available until September 30, 2012: Provided, That 

6 each amount in this paragraph is designated as being for 

7 contingency operations directly related to the global war 

8 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

9 (112th Congress) and as an emergency requirement pur10 suant to section 403(a) of S. Con. Res. 13 (111th Con11 gress), the concurrent resolution on the budget for fiscal 

12 year 2010. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $484,382,000, to 

17 remain available until September 30, 2012: Provided, 

18 That each amount in this paragraph is designated as 

19 being for contingency operations directly related to the 

20 global war on terrorism pursuant to section 3(c)(2) of H. 

21 Res. 5 (112th Congress) and as an emergency requirement 

22 pursuant to section 403(a) of S. Con. Res. 13 (111th Con23 gress), the concurrent resolution on the budget for fiscal 

24 year 2010. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, 

5 $222,616,000, to remain available until September 30, 

6 2012: Provided, That each amount in this paragraph is 

7 designated as being for contingency operations directly re8 lated to the global war on terrorism pursuant to section 

9 3(c)(2) of H. Res. 5 (112th Congress) and as an emer10 gency requirement pursuant to section 403(a) of S. Con. 

11 Res. 13 (111th Congress), the concurrent resolution on 

12 the budget for fiscal year 2010. 

13 REVOLVING AND MANAGEMENT FUNDS 

14 DEFENSE WORKING CAPITAL FUNDS

15 For an additional amount for ‘‘Defense Working 

16 Capital Funds’’, $485,384,000: Provided, That each 

17 amount in this paragraph is designated as being for con18 tingency operations directly related to the global war on 

19 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

20 Congress) and as an emergency requirement pursuant to 

21 section 403(a) of S. Con. Res. 13 (111th Congress), the 

22 concurrent resolution on the budget for fiscal year 2010. 


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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $1,422,092,000, of which $1,398,092,000 shall be 

5 for operation and maintenance, to remain available until 

6 September 30, 2011, and of which $24,000,000 shall be 

7 for research, development, test and evaluation, to remain 

8 available until September 30, 2012: Provided, That each 

9 amount in this paragraph is designated as being for con10 tingency operations directly related to the global war on 

11 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

12 Congress) and as an emergency requirement pursuant to 

13 section 403(a) of S. Con. Res. 13 (111th Congress), the 

14 concurrent resolution on the budget for fiscal year 2010. 

15 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

16 DEFENSE

17 For an additional amount for ‘‘Drug Interdiction and 

18 Counter-Drug Activities, Defense’’, $440,510,000, to re19 main available until September 30, 2012: Provided, That 

20 each amount in this paragraph is designated as being for 

21 contingency operations directly related to the global war 

22 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

23 (112th Congress) and as an emergency requirement pur24 suant to section 403(a) of S. Con. Res. 13 (111th ConVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Joint Improvised Explosive Device Defeat 

6 Fund’’, $2,793,768,000, to remain available until Sep7 tember 30, 2013: Provided, That such funds shall be avail8 able to the Secretary of Defense, notwithstanding any 

9 other provision of law, for the purpose of allowing the Di10 rector of the Joint Improvised Explosive Device Defeat 

11 Organization to investigate, develop and provide equip12 ment, supplies, services, training, facilities, personnel and 

13 funds to assist United States forces in the defeat of impro14 vised explosive devices: Provided further, That the Sec15 retary of Defense may transfer funds provided herein to 

16 appropriations for military personnel; operation and main17 tenance; procurement; research, development, test and 

18 evaluation; and defense working capital funds to accom19 plish the purpose provided herein: Provided further, That 

20 this transfer authority is in addition to any other transfer 

21 authority available to the Department of Defense: Pro22 vided further, That the Secretary of Defense shall, not 

23 fewer than 15 days prior to making transfers from this 

24 appropriation, notify the congressional defense committees 

25 in writing of the details of any such transfer: Provided 


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1 further, That each amount in this paragraph is designated 

2 as being for contingency operations directly related to the 

3 global war on terrorism pursuant to section 3(c)(2) of H. 

4 Res. 5 (112th Congress) and as an emergency requirement 

5 pursuant to section 403(a) of S. Con. Res. 13 (111th Con6 gress), the concurrent resolution on the budget for fiscal 

7 year 2010. 

8 OFFICE OF THE INSPECTOR GENERAL

9 For an additional amount for the ‘‘Office of the In10 spector General’’, $10,529,000: Provided, That each 

11 amount in this paragraph is designated as being for con12 tingency operations directly related to the global war on 

13 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

14 Congress) and as an emergency requirement pursuant to 

15 section 403(a) of S. Con. Res. 13 (111th Congress), the 

16 concurrent resolution on the budget for fiscal year 2010. 

17 GENERAL PROVISIONS—THIS TITLE 

18 SEC. 9001. Notwithstanding any other provision of 

19 law, funds made available in this title are in addition to 

20 amounts appropriated or otherwise made available for the 

21 Department of Defense for fiscal year 2011. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 9002. Upon the determination of the Secretary 

24 of Defense that such action is necessary in the national 

25 interest, the Secretary may, with the approval of the OfVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 fice of Management and Budget, transfer up to 

2 $4,000,000,000 between the appropriations or funds made 

3 available to the Department of Defense in this title: Pro4 vided, That the Secretary shall notify the Congress 

5 promptly of each transfer made pursuant to the authority 

6 in this section: Provided further, That the authority pro7 vided in this section is in addition to any other transfer 

8 authority available to the Department of Defense and is 

9 subject to the same terms and conditions as the authority 

10 provided in the Department of Defense Appropriations 

11 Act, 2011. 

12 SEC. 9003. Supervision and administration costs as13 sociated with a construction project funded with appro14 priations available for operation and maintenance or the 

15 ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

16 and executed in direct support of overseas contingency op17 erations in Afghanistan, may be obligated at the time a 

18 construction contract is awarded: Provided, That for the 

19 purpose of this section, supervision and administration 

20 costs include all in-house Government costs. 

21 SEC. 9004. From funds made available in this title, 

22 the Secretary of Defense may purchase for use by military 

23 and civilian employees of the Department of Defense in 

24 Iraq and Afghanistan: (a) passenger motor vehicles up to 

25 a limit of $75,000 per vehicle; and (b) heavy and light 


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1 armored vehicles for the physical security of personnel or 

2 for force protection purposes up to a limit of $250,000 

3 per vehicle, notwithstanding price or other limitations ap4 plicable to the purchase of passenger carrying vehicles. 

5 SEC. 9005. Not to exceed $500,000,000 of the 

6 amount appropriated in this title under the heading ‘‘Op7 eration and Maintenance, Army’’ may be used, notwith8 standing any other provision of law, to fund the Com9 mander’s Emergency Response Program (CERP), for the 

10 purpose of enabling military commanders in Iraq and Af11 ghanistan to respond to urgent, small scale, humanitarian 

12 relief and reconstruction requirements within their areas 

13 of responsibility: Provided, That projects (including any 

14 ancillary or related elements in connection with such 

15 project) executed under this authority shall not exceed 

16 $20,000,000: Provided further, That not later than 45 

17 days after the end of each fiscal year quarter, the Sec18 retary of Defense shall submit to the congressional defense 

19 committees a report regarding the source of funds and the 

20 allocation and use of funds during that quarter that were 

21 made available pursuant to the authority provided in this 

22 section or under any other provision of law for the pur23 poses described herein: Provided further, That, not later 

24 than 30 days after the end of each month, the Army shall 

25 submit to the congressional defense committees monthly 


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1 commitment, obligation, and expenditure data for the 

2 Commander’s Emergency Response Program in Iraq and 

3 Afghanistan: Provided further, That not less than 15 days 

4 before making funds available pursuant to the authority 

5 provided in this section or under any other provision of 

6 law for the purposes described herein for a project with 

7 a total anticipated cost for completion of $5,000,000 or 

8 more, the Secretary shall submit to the congressional de9 fense committees a written notice containing each of the 

10 following: 

11 (1) The location, nature and purpose of the 

12 proposed project, including how the project is in13 tended to advance the military campaign plan for 

14 the country in which it is to be carried out. 

15 (2) The budget, implementation timeline with 

16 milestones, and completion date for the proposed 

17 project, including any other CERP funding that has 

18 been or is anticipated to be contributed to the com19 pletion of the project. 

20 (3) A plan for the sustainment of the proposed 

21 project, including the agreement with either the host 

22 nation, a non-Department of Defense agency of the 

23 United States Government or a third party contrib24 utor to finance the sustainment of the activities and 


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1 maintenance of any equipment or facilities to be pro2 vided through the proposed project. 

3 SEC. 9006. Funds available to the Department of De4 fense for operation and maintenance may be used, not5 withstanding any other provision of law, to provide sup6 plies, services, transportation, including airlift and sealift, 

7 and other logistical support to coalition forces supporting 

8 military and stability operations in Iraq and Afghanistan: 

9 Provided, That the Secretary of Defense shall provide 

10 quarterly reports to the congressional defense committees 

11 regarding support provided under this section. 

12 SEC. 9007. None of the funds appropriated or other13 wise made available by this or any other Act shall be obli14 gated or expended by the United States Government for 

15 a purpose as follows: 

16 (1) To establish any military installation or 

17 base for the purpose of providing for the permanent 

18 stationing of United States Armed Forces in Iraq. 

19 (2) To exercise United States control over any 

20 oil resource of Iraq. 

21 (3) To establish any military installation or 

22 base for the purpose of providing for the permanent 

23 stationing of United States Armed Forces in Af24 ghanistan. 


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1 SEC. 9008. None of the funds made available in this 

2 Act may be used in contravention of the following laws 

3 enacted or regulations promulgated to implement the 

4 United Nations Convention Against Torture and Other 

5 Cruel, Inhuman or Degrading Treatment or Punishment 

6 (done at New York on December 10, 1984): 

7 (1) Section 2340A of title 18, United States 

8 Code. 

9 (2) Section 2242 of the Foreign Affairs Reform 

10 and Restructuring Act of 1998 (division G of Public 

11 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

12 note) and regulations prescribed thereto, including 

13 regulations under part 208 of title 8, Code of Fed14 eral Regulations, and part 95 of title 22, Code of 

15 Federal Regulations. 

16 (3) Sections 1002 and 1003 of the Department 

17 of Defense, Emergency Supplemental Appropriations 

18 to Address Hurricanes in the Gulf of Mexico, and 

19 Pandemic Influenza Act, 2006 (Public Law 109– 

20 148). 

21 SEC. 9009. (a) The Secretary of Defense shall submit 

22 to the congressional defense committees not later than 45 

23 days after the end of each fiscal quarter a report on the 

24 proposed use of all funds appropriated by this or any prior 

25 Act under each of the headings Iraq Security Forces 


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1 Fund, Afghanistan Security Forces Fund, Afghanistan In2 frastructure Fund, and Pakistan Counterinsurgency Fund 

3 on a project-by-project basis, for which the obligation of 

4 funds is anticipated during the 3-month period from such 

5 date, including estimates for the accounts referred to in 

6 this section of the costs required to complete each such 

7 project. 

8 (b) The report required by this subsection shall in9 clude the following: 

10 (1) The use of all funds on a project-by-project 

11 basis for which funds appropriated under the head12 ings referred to in subsection (a) were obligated 

13 prior to the submission of the report, including esti14 mates for the accounts referred to in subsection (a) 

15 of the costs to complete each project. 

16 (2) The use of all funds on a project-by-project 

17 basis for which funds were appropriated under the 

18 headings referred to in subsection (a) in prior appro19 priations Acts, or for which funds were made avail20 able by transfer, reprogramming, or allocation from 

21 other headings in prior appropriations Acts, includ22 ing estimates for the accounts referred to in sub23 section (a) of the costs to complete each project. 

24 (3) An estimated total cost to train and equip 

25 the Iraq, Afghanistan, and Pakistan security forces, 


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1 disaggregated by major program and sub-elements 

2 by force, arrayed by fiscal year. 

3 SEC. 9010. Funds made available in this title to the 

4 Department of Defense for operation and maintenance 

5 may be used to purchase items having an investment unit 

6 cost of not more than $250,000: Provided, That, upon de7 termination by the Secretary of Defense that such action 

8 is necessary to meet the operational requirements of a 

9 Commander of a Combatant Command engaged in contin10 gency operations overseas, such funds may be used to pur11 chase items having an investment item unit cost of not 

12 more than $500,000. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 9011. Of the funds appropriated by this Act for 

15 the Office of the Director of National Intelligence, 

16 $3,375,000 is available, as specified in the classified 

17 annex, for transfer to other departments and agencies of 

18 the Federal Government. 

19 SEC. 9012. (a) The Task Force for Business and Sta20 bility Operations in Afghanistan may, subject to the direc21 tion and control of the Secretary of Defense and with the 

22 concurrence of the Secretary of State, carry out projects 

23 in fiscal year 2011 to assist the commander of the United 

24 States Central Command in developing a link between 

25 United States military operations in Afghanistan under 


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1 Operation Enduring Freedom and the economic elements 

2 of United States national power in order to reduce vio3 lence, enhance stability, and restore economic normalcy in 

4 Afghanistan through strategic business and economic op5 portunities. 

6 (b) The projects carried out under paragraph (a) may 

7 include projects that facilitate private investment, indus8 trial development, banking and financial system develop9 ment, agricultural diversification and revitalization, and 

10 energy development in and with respect to Afghanistan. 

11 (c) The Secretary may use up to $150,000,000 of the 

12 funds available for overseas contingency operations in 

13 ‘‘Operation and Maintenance, Army’’ for additional activi14 ties to carry out projects under paragraph (a). 

15 SEC. 9013. (a) Not more than 85 percent of the 

16 funds provided in this title for Operation and Maintenance 

17 may be available for obligation or expenditure until the 

18 date on which the Secretary of Defense submits the report 

19 under subsection (b). 

20 (b) Not later than 120 days after the date of the en21 actment of this Act, the Secretary of Defense shall submit 

22 to the congressional defense committees a report on con23 tractor employees in the United States Central Command, 

24 including— 


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1 (1) the number of employees of a contractor 

2 awarded a contract by the Department of Defense 

3 (including subcontractor employees) who are em4 ployed at the time of the report in the area of oper5 ations of the United States Central Command, in6 cluding a list of the number of such employees in 

7 each of Iraq, Afghanistan, and all other areas of op8 erations of the United States Central Command; and 

9 (2) for each fiscal year quarter beginning on 

10 the date of the report and ending on September 30, 

11 2012— 

12 (A) the number of such employees planned 

13 by the Secretary to be employed during each 

14 such period in each of Iraq, Afghanistan, and 

15 all other areas of operations of the United 

16 States Central Command; and 

17 (B) an explanation of how the number of 

18 such employees listed under subparagraph (A) 

19 relates to the planned number of military per20 sonnel in such locations. 

21 SEC. 9014. From funds made available in this title 

22 to the Department of Defense for operation and mainte23 nance, up to $129,100,000 may be used by the Secretary 

24 of Defense, notwithstanding any other provision of law, 

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1 ties in Iraq by undertaking facilities renovation and con2 struction associated with establishing Office of Security 

3 Cooperation locations, at no more than four sites, in Iraq: 

4 Provided, That not less than 15 days before making funds 

5 available pursuant to the authority provided in this sec6 tion, the Secretary shall submit to the congressional de7 fense committees a written notice containing a detailed 

8 justification and timeline for each proposed site and the 

9 source of funds. 

10 SEC. 9015. Any reference to ‘‘this Act’’ in this divi11 sion shall apply solely to this division. 

12 This division may be cited as the ‘‘Department of De13 fense Appropriations Act, 2011’’. 

14 DIVISION B—FULL-YEAR CONTINUING 

15 APPROPRIATIONS, 2011 

16 The following sums are hereby appropriated, out of 

17 any money in the Treasury not otherwise appropriated, 

18 and out of applicable corporate or other revenues, receipts, 

19 and funds, for the several departments, agencies, corpora20 tions, and other organizational units of Government for 

21 fiscal year 2011, and for other purposes, namely: 

22 TITLE I—GENERAL PROVISIONS 

23 SEC. 1101. (a) Such amounts as may be necessary, 

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1 tions Acts for fiscal year 2010, for projects or activities 

2 (including the costs of direct loans and loan guarantees) 

3 that are not otherwise specifically provided for, and for 

4 which appropriations, funds, or other authority were made 

5 available in the following appropriations Acts: 

6 (1) The Agriculture, Rural Development, Food 

7 and Drug Administration, and Related Agencies Ap8 propriations Act, 2010 (Public Law 111–80). 

9 (2) The Energy and Water Development and 

10 Related Agencies Appropriations Act, 2010 (Public 

11 Law 111–85). 

12 (3) The Department of Homeland Security Ap13 propriations Act, 2010 (Public Law 111–83). 

14 (4) The Department of the Interior, Environ15 ment, and Related Agencies Appropriations Act, 

16 2010 (division A of Public Law 111–88). 

17 (5) The Legislative Branch Appropriations Act, 

18 2010 (division A of Public Law 111–68). 

19 (6) The Consolidated Appropriations Act, 2010 

20 (Public Law 111–117). 

21 (7) Section 102(c) (except the last proviso re22 lating to waiver of fees) of chapter 1 of title I of the 

23 Supplemental Appropriations Act, 2010 (Public Law 

24 111–212) that addresses guaranteed loans in the 

25 rural housing insurance fund. 


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1 (b) For purposes of this division, the term ‘‘level’’ 

2 means an amount. 

3 (c) The level referred to in subsection (a) shall be 

4 the amounts appropriated in the appropriations Acts re5 ferred to in such subsection, including transfers and obli6 gation limitations, except that— 

7 (1) such level shall not include any amount pre8 viously designated as an emergency requirement and 

9 necessary to meet emergency needs pursuant to sec10 tions 403(a) and 423(b) of S. Con. Res. 13 (111th 

11 Congress), the concurrent resolution on the budget 

12 for fiscal year 2010; and 

13 (2) such level shall be calculated without regard 

14 to any rescission or cancellation of funds or contract 

15 authority. 

16 SEC. 1102. Appropriations made by section 1101 

17 shall be available to the extent and in the manner that 

18 would be provided by the pertinent appropriations Act. 

19 SEC. 1103. Appropriations provided by this division 

20 that, in the applicable appropriations Act for fiscal year 

21 2010, carried a multiple-year or no-year period of avail22 ability shall retain a comparable period of availability. 

23 SEC. 1104. Except as otherwise expressly provided in 

24 this division, the requirements, authorities, conditions, 

25 limitations, and other provisions of the appropriations 


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1 Acts referred to in section 1101(a) shall continue in effect 

2 through the date specified in section 1106. 

3 SEC. 1105. No appropriation or funds made available 

4 or authority granted pursuant to section 1101 shall be 

5 used to initiate or resume any project or activity for which 

6 appropriations, funds, or other authority were specifically 

7 prohibited during fiscal year 2010. 

8 SEC. 1106. Unless otherwise provided for in this divi9 sion or in the applicable appropriations Act, appropria10 tions and funds made available and authority granted pur11 suant to this division shall be available through September 

12 30, 2011. 

13 SEC. 1107. Expenditures made pursuant to the Con14 tinuing Appropriations Act, 2011 (Public Law 111–242), 

15 shall be charged to the applicable appropriation, fund, or 

16 authorization provided by this division. 

17 SEC. 1108. Funds appropriated by this division may 

18 be obligated and expended notwithstanding section 10 of 

19 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

20 State Department Basic Authorities Act of 1956 (22 

21 U.S.C. 2680), section 313 of the Foreign Relations Au22 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

23 6212), and section 504(a)(1) of the National Security Act 

24 of 1947 (50 U.S.C. 414(a)(1)). 


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1 SEC. 1109. (a) For entitlements and other mandatory 

2 payments whose budget authority was provided in appro3 priations Acts for fiscal year 2010, and for activities under 

4 the Food and Nutrition Act of 2008, the levels established 

5 by section 1101 shall be the amounts necessary to main6 tain program levels under current law and under the au7 thority and conditions provided in the applicable appro8 priations Acts for fiscal year 2010. 

9 (b) In addition to the amounts otherwise provided by 

10 section 1101, the following amounts shall be available for 

11 the following accounts for advance payments for the first 

12 quarter of fiscal year 2012: 

13 (1) ‘‘Department of Labor, Employment Stand14 ards Administration, Special Benefits for Disabled 

15 Coal Miners’’, for benefit payments under title IV of 

16 the Federal Mine Safety and Health Act of 1977, 

17 $41,000,000, to remain available until expended. 

18 (2) ‘‘Department of Health and Human Serv19 ices, Centers for Medicare and Medicaid Services, 

20 Grants to States for Medicaid’’, for payments to 

21 States or in the case of section 1928 on behalf of 

22 States under title XIX of the Social Security Act, 

23 $86,445,289,000, to remain available until ex24 pended. 


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1 (3) ‘‘Department of Health and Human Serv2 ices, Administration for Children and Families, Pay3 ments to States for Child Support Enforcement and 

4 Family Support Programs’’, for payments to States 

5 or other non-Federal entities under titles I, IV–D, 

6 X, XI, XIV, and XVI of the Social Security Act and 

7 the Act of July 5, 1960 (24 U.S.C. ch. 9), 

8 $1,200,000,000, to remain available until expended. 

9 (4) ‘‘Department of Health and Human Serv10 ices, Administration for Children and Families, Pay11 ments to States for Foster Care and Permanency’’, 

12 for payments to States or other non-Federal entities 

13 under title IV–E of the Social Security Act, 

14 $1,850,000,000. 

15 (5) ‘‘Social Security Administration, Supple16 mental Security Income Program’’, for benefit pay17 ments under title XVI of the Social Security Act, 

18 $13,400,000,000, to remain available until ex19 pended. 

20 SEC. 1110. Amounts incorporated by reference in this 

21 division that were previously designated as available for 

22 overseas deployments and other activities pursuant to S. 

23 Con. Res. 13 (111th Congress), the concurrent resolution 

24 on the budget for fiscal year 2010, are designated as being 

25 for contingency operations directly related to the global 


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1 war on terrorism pursuant to section 3(c)(2) of H. Res. 

2 5 (112th Congress) and as an emergency requirement pur3 suant to section 403(a) of S. Con. Res. 13 (111th Con4 gress), the concurrent resolution on the budget for fiscal 

5 year 2010. 

6 SEC. 1111. Any language specifying an earmark in 

7 an appropriations Act for fiscal year 2010, or in a com8 mittee report or joint explanatory statement accom9 panying such an Act, shall have no legal effect with re10 spect to funds appropriated by this division. For purposes 

11 of this section, the term ‘‘earmark’’ means a congressional 

12 earmark or congressionally directed spending item, as de13 fined in clause 9(e) of rule XXI of the Rules of the House 

14 of Representatives and paragraph 5(a) of rule XLIV of 

15 the Standing Rules of the Senate. 

16 SEC. 1112. Notwithstanding section 1101, none of 

17 the funds appropriated or otherwise made available in this 

18 division or any other Act (including division A of this Act) 

19 may be used to transfer, release, or assist in the transfer 

20 or release to or within the United States, its territories, 

21 or possessions Khalid Sheikh Mohammed or any other de22 tainee who— 

23 (1) is not a United States citizen or a member 

24 of the Armed Forces of the United States; and 


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1 (2) is or was held on or after June 24, 2009, 

2 at the United States Naval Station, Guantanamo 

3 Bay, Cuba, by the Department of Defense. 

4 SEC. 1113. (a)(1) Notwithstanding section 1101, ex5 cept as provided in paragraph (2), none of the funds ap6 propriated or otherwise made available in this division or 

7 any other Act (including division A of this Act) may be 

8 used to transfer any individual detained at Guantanamo 

9 to the custody or effective control of the individual’s coun10 try of origin, any other foreign country, or any other for11 eign entity unless the Secretary of Defense submits to 

12 Congress the certification described in subsection (b) by 

13 not later than 30 days before the transfer of the indi14 vidual. 

15 (2) Paragraph (1) shall not apply to any action taken 

16 by the Secretary of Defense to transfer any individual de17 tained at Guantanamo to effectuate an order affecting the 

18 disposition of the individual that is issued by a court or 

19 competent tribunal of the United States having lawful ju20 risdiction. The Secretary of Defense shall notify Congress 

21 promptly upon issuance of any such order. 

22 (b) The certification described in this subsection is 

23 a written certification made by the Secretary of Defense, 

24 with the concurrence of the Secretary of State, that the 

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1 ership of the foreign entity to which the individual de2 tained at Guantanamo is to be transferred— 

3 (1) is not a designated state sponsor of ter4 rorism or a designated foreign terrorist organization; 

5 (2) maintains effective control over each deten6 tion facility in which an individual is to be detained 

7 if the individual is to be housed in a detention facil8 ity; 

9 (3) is not, as of the date of the certification, 

10 facing a threat that is likely to substantially affect 

11 its ability to exercise control over the individual; 

12 (4) has agreed to take effective steps to ensure 

13 that the individual cannot take action to threaten 

14 the United States, its citizens, or its allies in the fu15 ture; 

16 (5) has taken such steps as the Secretary deter17 mines are necessary to ensure that the individual 

18 cannot engage or re-engage in any terrorist activity; 

19 and 

20 (6) has agreed to share any information with 

21 the United States that— 

22 (A) is related to the individual or any asso23 ciates of the individual; and 

24 (B) could affect the security of the United 

25 States, its citizens, or its allies. 


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1 (c)(1) Except as provided in paragraph (3), none of 

2 the funds appropriated or otherwise made available in this 

3 division or any other Act (including division A of this Act) 

4 may be used to transfer any individual detained at Guan5 tanamo to the custody or effective control of the individ6 ual’s country of origin, any other foreign country, or any 

7 other foreign entity if there is a confirmed case of any 

8 individual who was detained at United States Naval Sta9 tion, Guantanamo Bay, Cuba, at any time after September 

10 11, 2001, who was transferred to the foreign country or 

11 entity and subsequently engaged in any terrorist activity. 

12 (2) The Secretary of Defense may waive the prohibi13 tion in paragraph (1) if the Secretary determines that 

14 such a transfer is in the national security interests of the 

15 United States and includes, as part of the certification de16 scribed in subsection (b) relating to such transfer, the de17 termination of the Secretary under this paragraph. 

18 (3) Paragraph (1) shall not apply to any action taken 

19 by the Secretary to transfer any individual detained at 

20 Guantanamo to effectuate an order affecting the disposi21 tion of the individual that is issued by a court or com22 petent tribunal of the United States having lawful jurisdic23 tion. The Secretary shall notify Congress promptly upon 

24 issuance of any such order. 

25 (d) For the purposes of this section: 


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1 (1) The term ‘‘individual detained at Guanta2 namo’’ means any individual who is located at 

3 United States Naval Station, Guantanamo Bay, 

4 Cuba, as of October 1, 2009, who— 

5 (A) is not a citizen of the United States or 

6 a member of the Armed Forces of the United 

7 States; and 

8 (B) is— 

9 (i) in the custody or under the effec10 tive control of the Department of Defense; 

11 or 

12 (ii) otherwise under detention at 

13 United States Naval Station, Guantanamo 

14 Bay, Cuba. 

15 (2) The term ‘‘foreign terrorist organization’’ 

16 means any organization so designated by the Sec17 retary of State under section 219 of the Immigra18 tion and Nationality Act (8 U.S.C. 1189). 

19 SEC. 1114. (a) Notwithstanding section 1101, none 

20 of the funds appropriated or otherwise made available by 

21 this division or any other Act (including division A of this 

22 Act) may be used to construct or modify any facility in 

23 the United States, its territories, or possessions to house 

24 any individual described in subsection (c) for the purposes 


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1 of detention or imprisonment in the custody or under the 

2 effective control of the Department of Defense. 

3 (b) The prohibition in subsection (a) shall not apply 

4 to any modification of facilities at United States Naval 

5 Station, Guantanamo Bay, Cuba. 

6 (c) An individual described in this subsection is any 

7 individual who, as of June 24, 2009, is located at United 

8 States Naval Station, Guantanamo Bay, Cuba, and who— 

9 (1) is not a citizen of the United States or a 

10 member of the Armed Forces of the United States; 

11 and 

12 (2) is— 

13 (A) in the custody or under the effective 

14 control of the Department of Defense; or 

15 (B) otherwise under detention at United 

16 States Naval Station, Guantanamo Bay, Cuba. 

17 SEC. 1115. Section 1(b)(2) of the Passport Act of 

18 June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 

19 substituting the date specified in section 1106 of this divi20 sion for ‘‘September 30, 2010’’. 

21 SEC. 1116. (a) Section 1115(d) of Public Law 111– 

22 32 shall be applied by substituting the date specified in 

23 section 1106 of this division for ‘‘October 1, 2010’’. 

24 (b) Section 824(g) of the Foreign Service Act of 1980 

25 (22 U.S.C. 4064(g)) shall be applied by substituting the 


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1 date specified in section 1106 of this division for ‘‘October 

2 1, 2010’’ in paragraph (2). 

3 (c) Section 61(a) of the State Department Basic Au4 thorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied 

5 by substituting the date specified in section 1106 of this 

6 division for ‘‘October 1, 2010’’ in paragraph (2). 

7 (d) Section 625(j)(1) of the Foreign Assistance Act 

8 of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by sub9 stituting the date specified in section 1106 of this division 

10 for ‘‘October 1, 2010’’ in subparagraph (B). 

11 SEC. 1117. The authority provided by section 1334 

12 of the Foreign Affairs Reform and Restructuring Act of 

13 1998 (22 U.S.C. 6553) shall remain in effect through the 

14 date specified in section 1106 of this division. 

15 SEC. 1118. With respect to any discretionary account 

16 for which advance appropriations were provided for fiscal 

17 year 2011 or 2012 in an appropriations Act for fiscal year 

18 2010, in addition to amounts otherwise made available by 

19 this Act, advance appropriations are provided in the same 

20 amount for fiscal year 2012 or 2013, respectively, with 

21 a comparable period of availability. 

22 SEC. 1119. (a) ACROSS-THE-BOARD RESCISSIONS.— 

23 There is hereby rescinded an amount equal to 0.2 percent 

24 of— 


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1 (1) the budget authority provided for fiscal year 

2 2011 for any discretionary account of this division; 

3 and 

4 (2) the budget authority provided in any ad5 vance appropriation for fiscal year 2011 for any dis6 cretionary account in any prior fiscal year appro7 priation Act. 

8 (b) PROPORTIONATE APPLICATION.—Any rescission 

9 made by subsection (a) shall be applied proportionately— 

10 (1) to each discretionary account and each item 

11 of budget authority described in such subsection; 

12 and 

13 (2) within each such account and item, to each 

14 program, project, and activity (with programs, 

15 projects, and activities as delineated in the appro16 priation Act or accompanying reports referenced in 

17 section 1101 covering such account or item). 

18 (c) EXCEPTIONS.—This section shall not apply to— 

19 (1) discretionary authority appropriated or oth20 erwise made available by division A of this Act; or 

21 (2) discretionary authority appropriated or oth22 erwise made available by division B of this Act and 

23 designated as being for contingency operations di24 rectly related to the global war on terrorism pursu25 ant to section 3(c)(2) of H. Res. 5 (112th Congress) 


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1 and as an emergency requirement pursuant to sec2 tion 403(a) of S. Con. Res. 13 (111th Congress), the 

3 concurrent resolution on the budget for fiscal year 

4 2010. 

5 (d) OMB REPORT.—Within 30 days after the date 

6 of the enactment of this section, the Director of the Office 

7 of Management and Budget shall submit to the Commit8 tees on Appropriations of the House of Representatives 

9 and the Senate a report specifying the account and 

10 amount of each rescission made pursuant to this section. 

11 TITLE II—AGRICULTURE, RURAL DEVELOP12 MENT, FOOD AND DRUG ADMINISTRATION, 

13 AND RELATED AGENCIES 

14 SEC. 1201. Notwithstanding section 1101, the level 

15 for ‘‘Agricultural Programs, Office of the Secretary’’ shall 

16 be $5,061,000. 

17 SEC. 1202. Notwithstanding section 1101, the level 

18 for ‘‘Agricultural Programs, Office of Tribal Relations’’ 

19 shall be $499,000. 

20 SEC. 1203. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Executive Operations, Office 

22 of Chief Economist’’ shall be $12,032,000. 

23 SEC. 1204. Notwithstanding section 1101, the level 

24 for ‘‘Agricultural Programs, Executive Operations, Na25 tional Appeals Division’’ shall be $14,254,000. 


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1 SEC. 1205. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Executive Operations, Office 

3 of Homeland Security’’ shall be $1,499,000. 

4 SEC. 1206. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of Advocacy and Out6 reach’’ shall be $1,425,000. 

7 SEC. 1207. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of the Chief Informa9 tion Officer’’ shall be $40,000,000. 

10 SEC. 1208. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Office of the Chief Financial 

12 Officer’’ shall be $6,260,000. 

13 SEC. 1209. Notwithstanding section 1101, the level 

14 for ‘‘Agricultural Programs, Office of Civil Rights’’ shall 

15 be $22,737,000. 

16 SEC. 1210. Notwithstanding section 1101, the level 

17 for ‘‘Agricultural Programs, Agriculture Buildings and 

18 Facilities and Rental Payments’’ shall be $246,970,000, 

19 of which $178,470,000 shall be available for payments to 

20 the General Services Administration for rent; of which 

21 $13,500,000 shall be for payment to the Department of 

22 Homeland Security for building and security activities; 

23 and of which $55,000,000 shall be for buildings operations 

24 and maintenance expenses. 


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1 SEC. 1211. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Hazardous Materials Man3 agement’’ shall be $4,000,000. 

4 SEC. 1212. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Departmental Administra6 tion’’ shall be $29,706,000. 

7 SEC. 1213. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of the Assistant Sec9 retary for Congressional Relations’’ shall be $3,877,000. 

10 SEC. 1214. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Office of Communications’’ 

12 shall be $9,499,000. 

13 SEC. 1215. Notwithstanding section 1101, the level 

14 for ‘‘Agricultural Programs, Office of the General Coun15 sel’’ shall be $41,499,000. 

16 SEC. 1216. Notwithstanding section 1101, the level 

17 for ‘‘Agricultural Programs, Economic Research Service’’ 

18 shall be $81,978,000. 

19 SEC. 1217. Notwithstanding section 1101, the level 

20 for ‘‘Agricultural Programs, National Agricultural Statis21 tics Service’’ shall be $156,761,000: Provided, That the 

22 amounts included under such heading in Public Law 111– 

23 80 shall be applied to funds appropriated by this division 

24 by substituting ‘‘$33,139,000’’ for ‘‘$37,908,000’’. 


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1 SEC. 1218. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Agricultural Research Serv3 ice, Salaries and Expenses’’ shall be $1,135,501,000. 

4 SEC. 1219. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Agricultural Research Serv6 ice, Buildings and Facilities’’ shall be $0. 

7 SEC. 1220. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, National Institute of Food 

9 and Agriculture, Research and Education Activities’’ shall 

10 be $700,140,000: Provided, That the amounts included 

11 under such heading in Public Law 111–80 shall be applied 

12 to funds appropriated by this division by substituting 

13 ‘‘$236,808,000’’ for ‘‘$215,000,000’’; by substituting 

14 ‘‘$33,000,000’’ for ‘‘$29,000,000’’; by substituting 

15 ‘‘$51,000,000’’ for ‘‘$48,500,000’’; by substituting 

16 ‘‘$265,000,000’’ for ‘‘$262,482,000’’; by substituting 

17 ‘‘$2,844,000’’ for ‘‘$89,029,000’’; by substituting 

18 ‘‘$19,375,000’’ for ‘‘$18,250,000’’; and by substituting 

19 ‘‘$11,253,000’’ for ‘‘$45,122,000’’. 

20 SEC. 1221. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, National Institute of Food 

22 and Agriculture, Extension Activities’’ shall be 

23 $480,092,000: Provided, That the amounts included under 

24 such heading in Public Law 111–80 shall be applied to 

25 funds appropriated by this division by substituting 


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1 ‘‘$294,500,000’’ for ‘‘$297,500,000’’ and by substituting 

2 ‘‘$8,565,000’’ for ‘‘$20,396,000’’. 

3 SEC. 1222. Notwithstanding section 1101, the level 

4 for ‘‘Agricultural Programs, National Institute of Food 

5 and Agriculture, Integrated Activities’’ shall be 

6 ‘‘$37,000,000’’: Provided, That the amounts included 

7 under such heading in Public Law 111–80 shall be applied 

8 to funds appropriated by this division by substituting 

9 ‘‘$29,000,000’’ for ‘‘$45,148,000’’; by substituting 

10 ‘‘$9,000,000’’ for ‘‘$12,649,000’’; by substituting 

11 ‘‘$11,000,000’’ for ‘‘$14,596,000’’; by substituting 

12 ‘‘$3,000,000’’ for ‘‘$4,096,000’’; by substituting ‘‘$0’’ for 

13 ‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; by 

14 substituting ‘‘$2,000,000’’ for ‘‘$3,054,000’’; by sub15 stituting ‘‘$4,000,000’’ for ‘‘$5,000,000’’; by substituting 

16 ‘‘$1,000,000’’ for ‘‘$3,000,000’’; by substituting ‘‘$0’’ for 

17 ‘‘$732,000’’; by substituting ‘‘$1,000,000’’ for 

18 ‘‘$1,312,000’’; and by substituting ‘‘$6,000,000’’ for 

19 ‘‘$9,830,000’’. 

20 SEC. 1223. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Animal and Plant Health In22 spection Service, Salaries and Expenses’’ shall be 

23 $865,000,000: Provided, That the amounts included under 

24 such heading in Public Law 111–80 shall be applied to 

25 funds appropriated by this division by substituting 


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1 ‘‘$40,000,000’’ for ‘‘$60,243,000’’ and by substituting 

2 ‘‘$21,000,000’’ for ‘‘$23,390,000’’. 

3 SEC. 1224. Notwithstanding section 1101, the level 

4 for ‘‘Agricultural Programs, Animal and Plant Health In5 spection Service, Buildings and Facilities’’ shall be 

6 $3,536,000. 

7 SEC. 1225. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Agricultural Marketing Serv9 ice, Marketing Services’’ shall be $86,711,000. 

10 SEC. 1226. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Agricultural Marketing Serv12 ice, Limitation on Administrative Expenses’’ shall be 

13 $60,947,000 (from fees collected). 

14 SEC. 1227. The amounts included under the heading 

15 ‘‘Agricultural Programs, Agricultural Marketing Service, 

16 Funds for Strengthening Markets, Income, and Supply 

17 (Section 32)’’ in Public Law 111–80 shall be applied to 

18 funds appropriated by this division by substituting ‘‘$0’’ 

19 for ‘‘$10,000,000’’. 

20 SEC. 1228. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Grain Inspection, Packers 

22 and Stockyards Administration, Salaries and Expenses’’ 

23 shall be $40,342,000. 

24 SEC. 1229. Notwithstanding section 1101, the level 

25 for ‘‘Agricultural Programs, Grain Inspection, Packers 


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1 and Stockyards Administration, Limitation on Inspection 

2 and Weighing Services Expenses’’ shall be $47,500,000 

3 (from fees collected). 

4 SEC. 1230. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Food Safety and Inspection 

6 Service’’ shall be $1,008,520,000: Provided, That the 

7 Food Safety and Inspection Service shall continue imple8 mentation of section 11016 of Public Law 110–246. 

9 SEC. 1231. Notwithstanding section 1101, the level 

10 for ‘‘Agricultural Programs, Farm Service Agency, Sala11 ries and Expenses’’ shall be $1,210,711,000. 

12 SEC. 1232. Notwithstanding Section 1101, the level 

13 for ‘‘Agricultural Programs, Farm Service Agency, State 

14 Mediation Grants’’ shall be $4,185,000. 

15 SEC. 1233. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Farm Service Agency, Grass17 roots Source Water Protection Program’’ shall be 

18 $4,250,000. 

19 SEC. 1234. The amounts included under the heading 

20 ‘‘Agricultural Programs, Farm Service Agency, Agricul21 tural Credit Insurance Fund Program Account’’ in Public 

22 Law 111–80 shall be applied to funds appropriated by this 

23 division by substituting ‘‘$1,975,000,000’’ for 

24 ‘‘$2,150,000,000’’; by substituting ‘‘$475,000,000’’ for 

25 ‘‘$650,000,000’’; by substituting ‘‘$2,572,343,000’’ for 


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1 ‘‘$2,670,000,000’’; by substituting ‘‘$122,343,000’’ for 

2 ‘‘$170,000,000’’; by substituting ‘‘$950,000,000’’ for 

3 ‘‘$1,000,000,000’’; by substituting ‘‘$0’’ for 

4 ‘‘$150,000,000’’; by substituting ‘‘$0’’ for ‘‘$75,000,000’’ 

5 the first and second place it appears; by substituting ‘‘$0’’ 

6 for ‘‘$10,000,000’’; by substituting ‘‘$38,570,000’’ for 

7 ‘‘$32,070,000’’; by substituting ‘‘$32,870,000’’ for 

8 ‘‘$26,520,000’’; by substituting ‘‘$5,700,000’’ for 

9 ‘‘$5,550,000’’; by substituting ‘‘$109,410,000’’ for 

10 ‘‘$106,402,000’’; by substituting ‘‘$57,540,000’’ for 

11 ‘‘$47,400,000’’; by substituting ‘‘$34,950,000’’ for 

12 ‘‘$35,100,000’’; by substituting ‘‘$16,920,000’’ for 

13 ‘‘$23,902,000’’; by substituting ‘‘$0’’ for ‘‘$1,065,000’’; 

14 by substituting ‘‘$0’’ for ‘‘$1,343,000’’; by substituting 

15 ‘‘$0’’ for ‘‘$278,000’’; by substituting ‘‘$0’’ for 

16 ‘‘$793,000’’; by substituting ‘‘$313,508,000’’ for 

17 ‘‘$321,093,000’’; and by substituting ‘‘$305,588,000’’ for 

18 ‘‘$313,173,000’’. Funds appropriated by this division to 

19 such heading for farm ownership, operating, direct and 

20 guaranteed loans may be transferred among these pro21 grams: Provided, That the Secretary of Agriculture shall 

22 notify the Committees on Appropriations of the House of 

23 Representatives and the Senate at least 15 days in ad24 vance of any transfer. 


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1 SEC. 1235. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Risk Management Agency’’ 

3 shall be $79,000,000. 

4 SEC. 1236. Notwithstanding section 1101, the level 

5 for ‘‘Conservation Programs, Natural Resources Con6 servation Service, Conservation Operations’’ shall be 

7 $872,247,000. 

8 SEC. 1237. Notwithstanding section 1101, the level 

9 for ‘‘Conservation Programs, Natural Resources Con10 servation Service, Watershed and Flood Prevention Oper11 ations’’ shall be $0. 

12 SEC. 1238. Notwithstanding section 1101, the level 

13 for ‘‘Conservation Programs, Natural Resources Con14 servation Service, Watershed Rehabilitation Program’’ 

15 shall be $18,000,000. 

16 SEC. 1239. Notwithstanding section 1101, the level 

17 for ‘‘Conservation Programs, Natural Resources Con18 servation Service, Resource Conservation and Develop19 ment’’ shall be $0. 

20 SEC. 1240. Notwithstanding section 1101, the level 

21 for ‘‘Rural Development Programs, Rural Development, 

22 Salaries and Expenses’’ shall be $191,987,000. 

23 SEC. 1241. The amounts included under the heading 

24 ‘‘Rural Development Programs, Rural Housing Service, 

25 Rural Housing Insurance Fund Program Account’’ in 


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1 Public Law 111–80 for gross obligations for the principal 

2 amount of direct and guaranteed loans as authorized by 

3 title V of the Housing Act of 1949 shall be applied to 

4 funds appropriated by this division by substituting 

5 ‘‘$25,121,406,000’’ for ‘‘$13,121,488,000’’; by sub6 stituting ‘‘$1,121,406,000’’ for ‘‘$1,121,488,000’’; by 

7 substituting ‘‘$24,000,000,000’’ for ‘‘$12,000,000,000’’; 

8 by substituting ‘‘$23,360,000’’ for ‘‘$34,412,000’’; by 

9 substituting ‘‘$30,960,000’’ for ‘‘$129,090,000’’; by sub10 stituting ‘‘$5,052,000’’ for ‘‘$5,045,000’’; and by sub11 stituting ‘‘$4,966,000’’ for ‘‘$4,970,000’’. 

12 SEC. 1242. Notwithstanding section 1101, the level 

13 for ‘‘Rural Development Programs, Rural Housing Serv14 ice, Rural Housing Insurance Fund Program Account’’ for 

15 the cost of direct and guaranteed loans, including the cost 

16 of modifying loans, authorized by section 502 of the Hous17 ing Act of 1949 shall be $70,200,000: Provided, That the 

18 amounts included for such costs under such heading in 

19 Public Law 111–80 shall be applied to funds appropriated 

20 by this division by substituting ‘‘$70,200,000’’ for 

21 ‘‘$40,710,000’’ in the case of direct loans and by sub22 stituting ‘‘$0’’ for ‘‘$172,800,000’’ in the case of unsub23 sidized guaranteed loans. 

24 SEC. 1243. Notwithstanding section 1101, the level 

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1 ice, Rural Housing Insurance Fund Program Account’’ for 

2 the cost of repair, rehabilitation, and new construction of 

3 rental housing authorized by section 515 of the Housing 

4 Act of 1949 shall be $23,446,000. 

5 SEC. 1244. Notwithstanding section 1101, the level 

6 for ‘‘Rural Development Programs, Rural Housing Serv7 ice, Rural Housing Insurance Fund Program Account’’ for 

8 the cost of multi-family housing guaranteed loans author9 ized by section 538 of the Housing Act of 1949 shall be 

10 $3,000,000. 

11 SEC. 1245. In addition to amounts otherwise appro12 priated or made available by this division, there is appro13 priated to the Secretary of Agriculture $288,000 for sec14 tion 523 self-help housing land development loans author15 ized by section 523 of the Housing Act of 1949 and 

16 $294,000 for site development loans authorized by section 

17 524 of such Act. 

18 SEC. 1246. Notwithstanding section 1101, the level 

19 for ‘‘Rural Development Programs, Rural Housing Serv20 ice, Rural Housing Insurance Fund Program Account’’ for 

21 administrative expenses necessary to carry out the direct 

22 and guaranteed loan programs shall be $454,383,000. 

23 SEC. 1247. Notwithstanding section 1101, the level 

24 for ‘‘Rural Development Programs, Rural Housing Serv25 ice, Rental Assistance Program’’ shall be $955,635,000: 


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1 Provided, That the amounts included under such heading 

2 in Public Law 111–80 shall be applied to funds appro3 priated by this division by substituting ‘‘$0’’ for 

4 ‘‘$5,958,000’’; and by substituting ‘‘$3,000,000’’ for 

5 ‘‘$3,400,000’’. 

6 SEC. 1248. Notwithstanding section 1101, the level 

7 for ‘‘Rural Development Programs, Rural Housing Serv8 ice, Multi-Family Housing Revitalization Program Ac9 count’’ shall be $30,000,000: Provided, That the amounts 

10 included under such heading in Public Law 111-80 shall 

11 be applied to funds appropriated by this division by sub12 stituting ‘‘$14,000,000’’ for ‘‘$16,400,000’’; by sub13 stituting ‘‘$15,000,000’’ for ‘‘$25,000,000’’; and by sub14 stituting ‘‘$1,000,000’’ for ‘‘$1,791,000’’. 

15 SEC. 1249. Notwithstanding section 1101, the level 

16 for ‘‘Rural Development Programs, Rural Housing Serv17 ice, Mutual and Self-Help Housing Grants’’ shall be 

18 $37,000,000. 

19 SEC. 1250. Notwithstanding section 1101, the level 

20 for ‘‘Rural Development Programs, Rural Housing Serv21 ice, Rural Housing Assistance Grants’’ shall be 

22 $40,400,000: Provided, That the amounts included under 

23 such heading in Public Law 111-80 shall be applied to 

24 funds appropriated by substituting ‘‘$0’’ for 

25 ‘‘$4,000,000’’. 


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1 SEC. 1251. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Housing Serv3 ice, Rural Community Facilities Program Account’’ shall 

4 be $41,462,000: Provided, That the amounts included 

5 under such heading in Public Law 111–80 shall be applied 

6 to funds appropriated by this division by substituting 

7 ‘‘$5,000,000’’ for ‘‘$6,256,000’’; and by substituting 

8 ‘‘$7,000,000’’ for ‘‘$13,902,000’’. 

9 SEC. 1252. Notwithstanding section 1101, the level 

10 for ‘‘Rural Development Programs, Rural Business–Coop11 erative Service, Rural Business Program Account’’ shall 

12 be $85,451,000. 

13 SEC. 1253. Notwithstanding section 1101, the level 

14 for ‘‘Rural Development Programs, Rural Business–Coop15 erative Service, Rural Development Loan Fund Program 

16 Account’’ for the principal amount of direct loans as au17 thorized by Rural Development Loan Fund shall be 

18 $19,181,000; and for the cost of direct loans, $7,400,000. 

19 SEC. 1254. Notwithstanding section 1101, in connec20 tion with the ‘‘Rural Development Programs, Rural Busi21 ness–Cooperative Service, Rural Economic Development 

22 Loans Program Account’’, of the funds derived from inter23 est on the cushion of credit payments, as authorized by 

24 section 313 of the Rural Electrification Act of 1936, 


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1 $207,000,000 shall not be obligated and $207,000,000 is 

2 rescinded. 

3 SEC. 1255. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development Programs, Rural Business–Coop5 erative Service, Rural Cooperative Development Grants’’ 

6 shall be $30,254,000: Provided, That the amounts in7 cluded under such heading in Public Law 111–80 shall 

8 be applied to funds appropriated by this division by sub9 stituting ‘‘$0’’ for ‘‘$300,000’’; by substituting ‘‘$0’’ for 

10 ‘‘$2,800,000’’; and by substituting ‘‘$18,867,000’’ for 

11 ‘‘$20,367,000’’. 

12 SEC. 1256. Notwithstanding section 1101, the level 

13 for ‘‘Rural Development Programs, Rural Business–Coop14 erative Service, Rural Microenterprise Investment Pro15 gram Account’’ shall be $0. 

16 SEC. 1257. Notwithstanding section 1101, the level 

17 for ‘‘Rural Development Programs, Rural Business–Coop18 erative Service, Rural Energy for America Program’’ shall 

19 be $5,000,000. 

20 SEC. 1258. Notwithstanding section 1101, the level 

21 for ‘‘Rural Development Programs, Rural Utilities Serv22 ice, Rural Water and Waste Disposal Program Account’’ 

23 shall be $529,002,000: Provided, That the amounts in24 cluded under such heading in Public Law 111–80 shall 


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1 be applied to funds appropriated by this division by sub2 stituting ‘‘$12,000,000’’ for ‘‘$17,500,000’’. 

3 SEC. 1259. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development Programs, Rural Utilities Serv5 ice, Rural Electrification and Telecommunications Loans 

6 Program Account’’ for the cost of guaranteed under7 writing loans pursuant to section 313A shall be $700,000: 

8 Provided, That, notwithstanding section 6106(b) of the 

9 Food, Conservation, and Energy Act of 2008, a guaran10 teed underwriting loan may not be issued until the Sec11 retary of Agriculture certifies to the Committees on Ap12 propriations of the House and Senate that the regulations 

13 governing the program fully implement the requirements 

14 of section 6106(a) of the Food, Conservation, and Energy 

15 Act of 2008. 

16 SEC. 1260. Notwithstanding section 1101, the level 

17 for ‘‘Rural Development Programs, Rural Utilities Serv18 ice, Rural Electrification and Telecommunications Loans 

19 Program Account’’ for administrative expenses necessary 

20 to carry out the direct and guaranteed loan programs shall 

21 be $38,374,000. 

22 SEC. 1261. Notwithstanding section 1101, the level 

23 for ‘‘Rural Development Programs, Rural Utilities Serv24 ice, Distance Learning, Telemedicine, and Broadband 

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1 tance learning services in rural areas, as authorized by 7 

2 U.S.C. 950aaa et seq. shall be $32,500,000. 

3 SEC. 1262. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development, Rural Utilities Service, Distance 

5 Learning, Telemedicine, and Broadband Program’’ for the 

6 cost of broadband loans, as authorized by section 601 of 

7 the Rural Electrification Act shall be $22,320,000. In ad8 dition, $13,406,000, to remain available until expended, 

9 for a grant program to finance broadband transmission 

10 in rural areas eligible for Distance Learning and Tele11 medicine Program benefits authorized by 7 U.S.C. 

12 950aaa. 

13 SEC. 1263. Notwithstanding the section 1101, the 

14 level for ‘‘Domestic Food Programs, Food and Nutrition 

15 Service, Child Nutrition Programs’’ in Public Law 111– 

16 80 shall be applied to funds appropriated by this division 

17 by substituting ‘‘$0’’ for ‘‘$1,000,000’’ and by sub18 stituting ‘‘$0’’ for ‘‘$5,000,000’’, and shall be applied to 

19 funds made available under section 32 of the Act of Au20 gust 24, 1935 (7 U.S.C. 612c) by substituting 

21 ‘‘$5,277,574,000’’ for ‘‘$6,747,877,000’’ and by sub22 stituting ‘‘$0’’ for ‘‘$242,022,000’’. 

23 SEC. 1264. Notwithstanding section 1101, the level 

24 for ‘‘Domestic Food Programs, Food and Nutrition Serv25 ice, Special Supplemental Nutrition Program for Women, 


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1 Infants, and Children (WIC)’’ shall be $6,747,522,000: 

2 Provided, That the amounts included under such heading 

3 in Public Law 111-80 shall be applied to funds appro4 priated by this division by substituting ‘‘$35,000,000’’ for 

5 ‘‘$60,000,000’’. 

6 SEC. 1265. Notwithstanding section 1101, the level 

7 for ‘‘Domestic Food Programs, Food and Nutrition Serv8 ice, Commodity Assistance Program’’, shall be 

9 $246,619,000, of which $176,049,000 shall be for the 

10 Commodity Supplemental Food Program: Provided, That 

11 the amounts included under such heading in Public Law 

12 111–80 shall be applied to funds appropriated by this divi13 sion by substituting ‘‘$0’’ for ‘‘$6,000,000’’. 

14 SEC. 1266. Notwithstanding section 1101, the level 

15 for ‘‘Foreign Assistance and Related Programs, Foreign 

16 Agricultural Service, Salaries and Expenses’’ shall be 

17 $186,000,000. 

18 SEC. 1267. Notwithstanding section 1101, the level 

19 for ‘‘Foreign Assistance and Related Programs, Foreign 

20 Agricultural Service, Food for Peace Title II Grants’’ shall 

21 be $1,500,000,000. 

22 SEC. 1268. Notwithstanding section 1101, the level 

23 for ‘‘Foreign Assistance and Related Programs, Foreign 

24 Agricultural Service, McGovern-Dole International Food 


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1 for Education and Child Nutrition Program Grants’’ shall 

2 be $199,500,000. 

3 SEC. 1269. Notwithstanding section 1101, the level 

4 for ‘‘Related Agencies and Food and Drug Administra5 tion, Food and Drug Administration, Salaries and Ex6 penses’’ shall be $3,655,687,000: Provided, That of the 

7 amount provided under this heading, $667,057,000 shall 

8 be derived from prescription drug user fees authorized by 

9 section 736 of the Federal Food, Drug, and Cosmetic Act 

10 (21 U.S.C. 379h), shall be credited to this account and 

11 remain available until expended, and shall not include any 

12 fees pursuant to paragraphs (2) and (3) of section 736(a) 

13 of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed 

14 for fiscal year 2012 but collected in fiscal year 2011; 

15 $61,860,000 shall be derived from medical device user fees 

16 authorized by section 738 of such Act (21 U.S.C. 379j), 

17 and shall be credited to this account and remain available 

18 until expended; $19,448,000 shall be derived from animal 

19 drug user fees authorized by section 740 of such Act (21 

20 U.S.C. 379j–12), and shall be credited to this account and 

21 remain available until expended; $5,397,000 shall be de22 rived from animal generic drug user fees authorized by 

23 section 741 of such Act (21 U.S.C. 379f), and shall be 

24 credited to this account and shall remain available until 

25 expended; and $450,000,000 shall be derived from tobacco 


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1 product user fees authorized by section 919 of such Act 

2 (21 U.S.C. 387s) and shall be credited to this account and 

3 remain available until expended: Provided further, That in 

4 addition and notwithstanding any other provision under 

5 this heading, amounts collected for prescription drug user 

6 fees that exceed the fiscal year 2011 limitation are appro7 priated and shall be credited to this account and remain 

8 available until expended: Provided further, That fees de9 rived from prescription drug, medical device, animal drug, 

10 animal generic drug, and tobacco product assessments for 

11 fiscal year 2011 received during fiscal year 2011, includ12 ing any such fees assessed prior to fiscal year 2011 but 

13 credited for fiscal year 2011, shall be subject to the fiscal 

14 year 2011 limitations: Provided further, That none of 

15 these funds shall be used to develop, establish, or operate 

16 any program of user fees authorized by 31 U.S.C. 9701: 

17 Provided further, That of the total amount appropriated 

18 under this heading: (1) $837,358,000 shall be for the Cen19 ter for Food Safety and Applied Nutrition and related 

20 field activities in the Office of Regulatory Affairs; (2) 

21 $957,116,000 shall be for the Center for Drug Evaluation 

22 and Research and related field activities in the Office of 

23 Regulatory Affairs; (3) $325,647,000 shall be for the Cen24 ter for Biologics Evaluation and Research and for related 

25 field activities in the Office of Regulatory Affairs; (4) 


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1 $161,730,000 shall be for the Center for Veterinary Medi2 cine and for related field activities in the Office of Regu3 latory Affairs; (5) $359,781,000 shall be for the Center 

4 for Devices and Radiological Health and for related field 

5 activities in the Office of Regulatory Affairs; (6) 

6 $60,664,000 shall be for the National Center for Toxi7 cological Research; (7) $421,463,000 shall be for the Cen8 ter for Tobacco Products and for related field activities 

9 in the Office of Regulatory Affairs; (8) not to exceed 

10 $136,239,000 shall be for Rent and Related activities, of 

11 which $41,951,000 is for White Oak Consolidation, other 

12 than the amounts paid to the General Services Adminis13 tration for rent; (9) not to exceed $183,048,000 shall be 

14 for payments to the General Services Administration for 

15 rent; and (10) $212,642,000 shall be for other activities, 

16 including the Office of the Commissioner of Food and 

17 Drugs; the Office of Foods; the Office of the Chief Sci18 entist; the Office of Policy, Planning and Budget; the Of19 fice of International Programs; the Office of Administra20 tion; and central services for these offices: Provided fur21 ther, That none of the funds made available under this 

22 heading shall be used to transfer funds under section 

23 770(n) of the Federal Food, Drug, and Cosmetic Act (21 

24 U.S.C. 379dd): Provided further, That not to exceed 

25 $25,000 of the amount provided under this heading shall 


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1 be for official reception and representation expenses, not 

2 otherwise provided for, as determined by the Commis3 sioner: Provided further, That funds may be transferred 

4 from one specified activity to another with the prior ap5 proval of the Committees on Appropriations of both 

6 Houses of Congress. 

7 In addition, mammography user fees authorized by 

8 42 U.S.C. 263b, export certification user fees authorized 

9 by 21 U.S.C. 381, and priority review user fees authorized 

10 by 21 U.S.C. 360n may be credited to this account, to 

11 remain available until expended. 

12 In addition, food and feed recall user fees, food rein13 spection user fees, and voluntary qualified importer pro14 gram user fees authorized by section 743 of the Federal 

15 Food, Drug, and Cosmetic Act, as amended by Public Law 

16 111–353, may be credited to this account in an amount 

17 not to exceed the amount determined under subsection (b) 

18 of such section 743, to remain available until expended. 

19 SEC. 1270. Notwithstanding section 1101, the level 

20 for ‘‘Food and Drug Administration, Buildings and Facili21 ties’’ shall be $10,000,000. 

22 SEC. 1271. Notwithstanding section 1101, the level 

23 for ‘‘Related Agencies and Food and Drug Administra24 tion, Independent Agencies, Farm Credit Administration, 

25 Limitation on Administrative Expenses’’ shall be 


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1 $59,400,000 (from assessments collected from farm credit 

2 institutions, including the Federal Agricultural Mortgage 

3 Corporation). 

4 SEC. 1272. Notwithstanding any other provision of 

5 this division, the following set-asides included in Public 

6 Law 111–80 for ‘‘Congressionally Designated Projects’’ in 

7 the following accounts for the corresponding amounts shall 

8 not apply to funds appropriated by this division: 

9 (1) ‘‘Agricultural Programs, Agricultural Re10 search Service, Salaries and Expenses’’, 

11 $44,138,000. 

12 (2) ‘‘Agricultural Programs, National Institute 

13 of Food and Agriculture, Research and Education 

14 Activities’’, $120,054,000. 

15 (3) ‘‘Agricultural Programs, National Institute 

16 of Food and Agriculture, Extension Activities’’, 

17 $11,831,000. 

18 (4) ‘‘Agricultural Programs, Animal and Plant 

19 Health Inspection Service, Salaries and Expenses’’, 

20 $24,410,000. 

21 (5) ‘‘Conservation Programs, Natural Re22 sources Conservation Service, Conservation Oper23 ations’’, $37,382,000. 

24 SEC. 1273. Notwithstanding any other provision of 

25 this division, the following provisions included in Public 


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1 Law 111–80 shall not apply to funds appropriated by this 

2 division: 

3 (1) The first proviso under the heading ‘‘Agri4 cultural Programs, Agriculture Buildings and Facili5 ties and Rental Payments’’. 

6 (2) The second proviso under the heading ‘‘De7 partmental Administration’’. 

8 (3) The second proviso under the heading 

9 ‘‘Conservation Programs, Natural Resources Con10 servation Service, Conservation Operations’’. 

11 (4) The second proviso under the heading 

12 ‘‘Rural Development Programs, Rural Utilities Serv13 ice, Rural Water and Waste Disposal Account’’. 

14 (5) The first proviso under the heading ‘‘Do15 mestic Food Programs, Food and Nutrition Service, 

16 Commodity Assistance Program’’. 

17 (6) The first proviso under the heading ‘‘For18 eign Assistance and Related Programs, Foreign Ag19 ricultural Service, McGovern-Dole International 

20 Food for Education and Child Nutrition Program 

21 Grants’’. 

22 SEC. 1274. Sections 718, 723, 727, 728, and 738 of 

23 Public Law 111–80 shall be applied to funds appropriated 

24 by this division by substituting $0 for the dollar amounts 

25 included in those sections. 


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1 SEC. 1275. Section 741 of Public Law 111–80 shall 

2 be applied to funds appropriated by this division by sub3 stituting ‘‘$2,000,000’’ for ‘‘$2,600,000’’ and by sub4 stituting ‘‘$0’’ for ‘‘$3,000,000’’. 

5 SEC. 1276. Sections 716, 721(2), 721(3), 724, 725, 

6 726, 729, 735, 743, and 748 of Public Law 111–80 shall 

7 not apply for fiscal year 2011. 

8 SEC. 1277. Sections 730, 734, 737, 740, 745, 747, 

9 and 749 of Public Law 111–80 authorized or required cer10 tain actions that have been performed before the date of 

11 the enactment of this division and need not reoccur. 

12 SEC. 1278. Appropriations to the Department of Ag13 riculture made available in fiscal year 2005 to carry out 

14 section 601 of the Rural Electrification Act of 1936 (7 

15 U.S.C. 950bb) for the cost of direct loans shall remain 

16 available until expended to disburse valid obligations made 

17 in fiscal years 2005, 2006, and 2007. 

18 SEC. 1279. In the case of each program established 

19 or amended by the Food, Conservation, and Energy Act 

20 of 2008 (Public Law 110–246), other than by title I or 

21 subtitle A of title III of such Act, or programs for which 

22 indefinite amounts were provided in that Act that is au23 thorized or required to be carried out using funds of the 

24 Commodity Credit Corporation: (1) such funds shall be 

25 available for salaries and related administrative expenses, 


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1 including technical assistance, associated with the imple2 mentation of the program, without regard to the limitation 

3 on the total amount of allotments and fund transfers con4 tained in section 11 of the Commodity Credit Corporation 

5 Charter Act (15 U.S.C. 714i); and (2) the use of such 

6 funds for such purpose shall not be considered to be a 

7 fund transfer or allotment for purposes of applying the 

8 limitation on the total amount of allotments and fund 

9 transfers contained in such section. 

10 SEC. 1280. With respect to any loan or loan guar11 antee program administered by the Secretary of Agri12 culture that has a negative credit subsidy score for fiscal 

13 year 2011, the program level for the loan or loan guar14 antee program, for the purposes of the Federal Credit Re15 form Act of 1990, shall be the program level established 

16 pursuant to such Act for fiscal year 2010. 

17 SEC. 1281. Section 721(1) of Public Law 111–80 

18 (123 Stat. 2122) is amended by striking 

19 ‘‘$1,180,000,000’’ and inserting ‘‘$1,238,000,000’’. 

20 SEC. 1282. Section 742 of Public Law 111–80 (123 

21 Stat. 2128) is amended by striking ‘‘$11,000,000’’ and 

22 inserting ‘‘$15,000,000’’. 

23 SEC. 1283. The following provisions of Public Law 

24 111–80 shall be applied to funds appropriated by this divi25 sion by substituting ‘‘2010’’, ‘‘2011’’, and ‘‘2012’’ for 


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1 ‘‘2009’’, ‘‘2010’’, and ‘‘2011’’, respectively, in each in2 stance that such terms appear: 

3 (1) The second paragraph under the heading 

4 ‘‘Agricultural Programs, Animal and Plant Health 

5 Inspection Service, Salaries and Expenses’’. 

6 (2) The second proviso under the heading ‘‘Ag7 ricultural Programs, Food Safety and Inspection 

8 Service’’. 

9 (3) The first proviso in the second paragraph 

10 under the heading ‘‘Rural Development Programs, 

11 Rural Housing Service, Rural Housing Insurance 

12 Fund Program Account’’. 

13 (4) The fifth proviso under the heading ‘‘Rural 

14 Development Programs, Rural Housing Service, 

15 Rental Assistance Program’’. 

16 (5) The proviso under the heading ‘‘Rural De17 velopment Programs, Rural Housing Service, Mutual 

18 and Self-Help Housing Grants’’. 

19 (6) The first proviso under the heading ‘‘Rural 

20 Development Programs, Rural Housing Service, 

21 Rural Housing Assistance Grants’’. 

22 (7) The seventh proviso under the heading 

23 ‘‘Rural Development Programs, Rural Housing Serv24 ice, Rural Community Facilities Program Account’’. 


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1 (8) The third proviso under the heading ‘‘Rural 

2 Development Programs, Rural Business—Coopera3 tive Service, Rural Business Program Account’’. 

4 (9) The four availability of funds clauses under 

5 the heading ‘‘Rural Development Programs, Rural 

6 Business—Cooperative Service, Rural Development 

7 Loan Fund Program Account’’. 

8 (10) The fifth proviso under the heading 

9 ‘‘Rural Development Programs, Rural Utilities Serv10 ice, Rural Water and Waste Disposal Program Ac11 count’’. 

12 (11) Sections 713, 717, and 732. 

13 (12) The paragraph under the heading ‘‘Food 

14 and Nutrition Service, Child Nutrition Programs’’. 

15 (13) The third proviso under the heading 

16 ‘‘Food and Nutrition Service, Commodity Assistance 

17 Program’’. 

18 SEC. 1284. None of the funds appropriated or other19 wise made available by this division or any other Act shall 

20 be used to pay the salaries and expenses of personnel to 

21 carry out the Wetlands Reserve Program authorized by 

22 sections 1237–1237F of the Food Security Act of 1985 

23 (16 U.S.C. 3837–3837f) to enroll in excess of 202,218 

24 acres in fiscal year 2011. 


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1 SEC. 1285. None of the funds appropriated or other2 wise made available by this division or any other Act shall 

3 be used to pay the salaries and expenses of personnel to 

4 carry out the Conservation Stewardship Program author5 ized by sections 1238D–1238G of the Food Security Act 

6 of 1985 (16 U.S.C. 3838d–3838g) in excess of 

7 $649,000,000. 

8 SEC. 1286. None of the funds appropriated or other9 wise made available by this division or any other Act shall 

10 be used to pay the salaries and expenses of personnel to 

11 carry out the program authorized by section 14 of the Wa12 tershed Protection and Flood Prevention Act (16 U.S.C. 

13 1012). 

14 SEC. 1287. None of the funds appropriated or other15 wise made available by this Act or any other Act shall 

16 be used to pay the salaries and expenses of personnel to 

17 carry out a program under subsection (b)(2)(A)(iii) of sec18 tion 14222 of Public Law 110–246 in excess of 

19 $1,098,000,000: Provided, That none of the funds made 

20 available in this Act or any other Act shall be used for 

21 salaries and expenses to carry out section 19(i)(1)(D) of 

22 the Richard B. Russell National School Lunch Act as 

23 amended by section 4304 of Public Law 110-246 in excess 

24 of $33,000,000, including the transfer of funds under sub25 section (c) of section 14222 of Public Law 110-246, until 


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1 October 1, 2011: Provided further, That $117,000,000 

2 made available on October 1, 2011, to carry out section 

3 19(i)(1)(D) of the Richard B. Russell National School 

4 Lunch Act as amended by section 4304 of Public Law 

5 110-246 shall be excluded from the limitation described 

6 in subsection (b)(2)(A)(iv) of section 14222 of Public Law 

7 110–246. 

8 SEC. 1288. None of the funds appropriated or made 

9 available by this division or any other Act shall be used 

10 to pay the salaries and expenses of personnel to carry out 

11 the Biomass Crop Assistance Program authorized by sec12 tion 9011 of the Farm Security and Rural Investment Act 

13 of 2002 (7 U.S.C. 8111) in excess of $112,000,000. 

14 SEC. 1289. Of the unobligated balances available for 

15 ‘‘Agricultural Programs, Agricultural Research Service, 

16 Buildings and Facilities’’ $229,582,000 is rescinded. 

17 SEC. 1290. Of the unobligated balances available for 

18 the cost of broadband loans, as authorized by section 601 

19 of the Rural Electrification Act of 1936, $39,000,000 is 

20 rescinded. 

21 SEC. 1291. None of the funds made available by this 

22 Act may be used to pay the salaries and expenses of per23 sonnel of the Department of Agriculture to provide non24 recourse marketing assistance loans for mohair under secVerDate Mar 15 2010 03:37 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 tion 1201 of the Food, Conservation, and Energy Act of 

2 2008 (7 U.S.C. 8731). 

3 SEC. 1292. The unobligated balances available for the 

4 Outreach for Socially Disadvantaged Farmers account, as 

5 identified by Treasury Appropriation Fund Symbol 

6 12X0601, are rescinded; for the Rural Community Ad7 vancement Program, as identified by Treasury Appropria8 tion Fund Symbol 12X0400, are rescinded; for the Pay9 ments to States program, as identified by Treasury Appro10 priation Fund symbol 12X2501, are rescinded; for the 

11 Common Computing Environment account, as identified 

12 by Treasury Appropriation Fund Symbol 12X0113, 

13 $3,111,000 are rescinded; for Agriculture Buildings and 

14 Facilities and Rental Payments, as identified by Treasury 

15 Appropriation Fund Symbol 12X0117, $45,000,000 are 

16 rescinded; and for the Animal and Plant Health Inspection 

17 Service--Buildings and Facilities account, as identified by 

18 Treasury Appropriation Fund Symbol 12X1601, 

19 $629,000 are rescinded. In addition, from prior year unob20 ligated balances of Animal and Plant Health Inspection 

21 Service--Salaries and Expenses account $10,887,000 are 

22 rescinded as follows: Sudden Oak Death, $295,000; Sirex 

23 Woodwasp, $408,000; Avian Influenza, $8,000,000; Infor24 mation Technology Infrastructure, $86,000; Screwworm, 


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1 $1,000,000; HUB Relocation, $98,000; and Contingency 

2 Funds, $1,000,000. 

3 SEC. 1293. Of the unobligated balances available for 

4 Cooperative State Research, Education, and Extension 

5 Service, Buildings and Facilities, $1,037,000 are re6 scinded. 

7 SEC. 1294. The unobligated balances available for the 

8 wildlife habitat incentives program under section 1240N 

9 of the Food Security Act of 1985 (16 U.S.C. 3839bb-1), 

10 as identified by Treasury Appropriation Fund Symbol 

11 12X3322, are rescinded; for the program under the Water 

12 Bank Act (16 U.S.C. 1301 et seq.), as identified by Treas13 ury Appropriation Fund Symbol 12X3320; and for the 

14 wetlands reserve program under section 1237 of the Food 

15 Security Act of 1985 (16 U.S.C. 3837), as identified by 

16 Treasury Appropriation Fund Symbol 12X1080, are re17 scinded. 

18 SEC. 1295. Of the unobligated balances available for 

19 the broadband grant program for rural areas eligible for 

20 Distance Learning and Telemedicine Program benefits au21 thorized by 7 U.S.C. 950aaa, $25,000,000 are rescinded. 

22 SEC. 1296. Of the unobligated balances available for 

23 the Export Credit Guarantee Program under section 101 

24 of the Agricultural Trade Act of 1978 (Public Law 95- 

25 501), $331,000,000 are hereby permanently canceled. 


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1 SEC. 1297. None of the funds appropriated by this 

2 Act or any other Act may be used to carry out section 

3 508(d)(3) of the Federal Crop Insurance Act (7 U.S.C. 

4 1508 (d)(3)) to provide a performance-based premium dis5 count in the crop insurance program. 

6 SEC. 1298. Section 739 of Public Law 111–80 shall 

7 be applied to funds appropriated by this division by sub8 stituting ‘‘$640,000’’ for ‘‘$800,000’’. 

9 TITLE III—COMMERCE, JUSTICE, SCIENCE, AND 

10 RELATED AGENCIES 

11 SEC. 1301. Notwithstanding section 1101, the level 

12 for ‘‘Department of Commerce, International Trade Ad13 ministration, Operations and Administration’’ shall be 

14 $450,989,000. 

15 SEC. 1302. Notwithstanding section 1101, the level 

16 for ‘‘Department of Commerce, Economic Development 

17 Administration, Economic Development Assistance Pro18 grams’’ shall be $246,000,000. 

19 SEC. 1303. Notwithstanding section 1101, the level 

20 for ‘‘Department of Commerce, Minority Business Devel21 opment Agency, Minority Business Development’’ shall be 

22 $30,400,000. 

23 SEC. 1304. Notwithstanding section 1101, the level 

24 for ‘‘Department of Commerce, National TelecommuniVerDate Mar 15 2010 03:37 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 cations and Information Administration, Salaries and Ex2 penses’’ shall be $40,649,000. 

3 SEC. 1305. Notwithstanding section 1101, the level 

4 for ‘‘Department of Commerce, National Institute of 

5 Standards and Technology, Scientific and Technical Re6 search and Services’’ shall be $508,000,000. 

7 SEC. 1306. Notwithstanding section 1101, the level 

8 for ‘‘Department of Commerce, National Institute of 

9 Standards and Technology, Industrial Technology Serv10 ices’’ shall be $173,600,000. 

11 SEC. 1307. Notwithstanding section 1101, the level 

12 for ‘‘Department of Justice, General Administration, Na13 tional Drug Intelligence Center’’ shall be $34,023,000. 

14 SEC. 1308. Notwithstanding section 1101, the level 

15 for ‘‘Department of Justice, General Administration, Jus16 tice Information Sharing Technology’’ shall be 

17 $60,285,000. 

18 SEC. 1309. Notwithstanding section 1101, the level 

19 for ‘‘Department of Justice, General Administration, Tac20 tical Law Enforcement Wireless Communications’’ shall 

21 be $100,000,000. 

22 SEC. 1310. Notwithstanding section 1101, the level 

23 for ‘‘Department of Justice, General Administration, De24 tention Trustee’’ shall be $1,518,663,000. 


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1 SEC. 1311. Notwithstanding section 1101, the level 

2 for ‘‘Department of Justice, Legal Activities, Salaries and 

3 Expenses, General Legal Activities’’ shall be 

4 $865,097,000. 

5 SEC. 1312. Notwithstanding section 1101, the level 

6 for ‘‘Department of Justice, United States Marshals Serv7 ice, Construction’’ shall be $16,625,000. 

8 SEC. 1313. Notwithstanding section 1101, the level 

9 for ‘‘Department of Justice, Federal Bureau of Investiga10 tion, Salaries and Expenses’’ shall be $7,834,622,000. 

11 SEC. 1314. Notwithstanding section 1101, the level 

12 for ‘‘Department of Justice, Federal Bureau of Investiga13 tion, Construction’’ shall be $107,310,000. 

14 SEC. 1315. Notwithstanding section 1101, the level 

15 for ‘‘Department of Justice, Federal Prison System, Sala16 ries and Expenses’’ shall be $6,295,000,000. 

17 SEC. 1316. Notwithstanding section 1101, the level 

18 for ‘‘Office of Science and Technology Policy’’ shall be 

19 $6,660,000. 

20 SEC. 1317. Notwithstanding section 1101, the level 

21 for ‘‘National Science Foundation, Research and Related 

22 Activities’’ shall be $5,575,025,000. 

23 SEC. 1318. Notwithstanding section 1101, the level 

24 for ‘‘National Science Foundation, Education and Human 

25 Resources’’ shall be $862,760,000. 


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1 SEC. 1319. Notwithstanding section 1101, the level 

2 for ‘‘Department of Commerce, Bureau of the Census, 

3 Periodic Censuses and Programs’’ shall be $893,000,000. 

4 SEC. 1320. Notwithstanding section 1101, the level 

5 for each of the following accounts shall be $0: ‘‘Depart6 ment of Commerce, National Telecommunications and In7 formation Administration, Public Telecommunications Fa8 cilities, Planning and Construction’’; ‘‘Department of Jus9 tice, Bureau of Alcohol, Tobacco, Firearms, and Explo10 sives, Construction’’; and ‘‘Department of Justice, Office 

11 of Justice Programs, Weed and Seed Program Fund’’. 

12 SEC. 1321. Notwithstanding any other provision of 

13 this division, the following set-asides included in division 

14 B of Public Law 111–117 for projects specified in the ex15 planatory statement accompanying that Act in the fol16 lowing accounts for the corresponding amounts shall not 

17 apply to funds appropriated by this division: (1) ‘‘Depart18 ment of Commerce, International Trade Administration, 

19 Operations and Administration’’, $5,215,000; (2) ‘‘De20 partment of Commerce, Minority Business Development 

21 Agency, Minority Business Development’’, $1,100,000; (3) 

22 ‘‘Department of Commerce, National Institute of Stand23 ards and Technology, Scientific and Technical Research 

24 and Services’’, $10,500,000; (4) ‘‘Department of Com25 merce, National Institute of Standards and Technology, 


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1 Construction of Research Facilities’’, $47,000,000; (5) 

2 ‘‘Department of Commerce, National Oceanic and Atmos3 pheric Administration, Operations, Research, and Facili4 ties’’, $99,295,000; (6) ‘‘Department of Commerce, Na5 tional Oceanic and Atmospheric Administration, Procure6 ment, Acquisition and Construction’’, $18,000,000; (7) 

7 ‘‘Department of Justice, Office of Justice Programs, State 

8 and Local Law Enforcement Assistance’’, $185,268,000; 

9 (8) ‘‘Department of Justice, Office of Justice Programs, 

10 Juvenile Justice Programs’’, $91,095,000; (9) ‘‘Depart11 ment of Justice, Community Oriented Policing Services’’, 

12 $25,385,000; (10) ‘‘Department of Justice, Community 

13 Oriented Policing Services’’, $168,723,000; and (11) ‘‘Na14 tional Aeronautics and Space Administration, Cross Agen15 cy Support’’, $63,000,000. 

16 SEC. 1322. The Departments of Commerce and Jus17 tice, the National Aeronautics and Space Administration, 

18 and the National Science Foundation are directed to sub19 mit spending plans, signed by the respective department 

20 or agency head, to the House and Senate Committees on 

21 Appropriations within 60 days of enactment of this divi22 sion. 

23 SEC. 1323. Notwithstanding any other provision of 

24 this division, the set-aside included in division B of Public 

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1 merce, United States Patent and Trademark Office, Sala2 ries and Expenses’’ for policy studies related to activities 

3 of United Nations Specialized Agencies related to inter4 national protection of intellectual property rights shall not 

5 apply to funds appropriated by this division. 

6 SEC. 1324. Of the amount provided by section 1306 

7 for ‘‘National Institute of Standards and Technology, In8 dustrial Technology Services’’, $44,900,000 shall be for 

9 the Technology Innovation Program, and $128,700,000 

10 shall be for the Manufacturing Extension Partnership 

11 Program. 

12 SEC. 1325. (a) Notwithstanding section 1101, the 

13 level for ‘‘Department of Commerce, National Institute of 

14 Standards and Technology, Construction of Research Fa15 cilities’’ shall be $70,000,000. 

16 (b) The set-asides included in division B of Public 

17 Law 111–117 under the heading ‘‘Department of Com18 merce, National Institute of Standards and Technology, 

19 Construction of Research Facilities’’ for a competitive con20 struction grant program for research science buildings and 

21 for projects specified in the explanatory statement accom22 panying that Act shall not apply to funds appropriated 

23 by this division. 

24 SEC. 1326. (a) Notwithstanding section 1101, the 

25 level for ‘‘Department of Commerce, National Oceanic and 


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1 Atmospheric Administration, Operations, Research, and 

2 Facilities’’ shall be $3,185,883,000. 

3 (b) The set-aside included in division B of Public Law 

4 111–117 under the heading ‘‘Department of Commerce, 

5 National Oceanic and Atmospheric Administration, Oper6 ations, Research, and Facilities’’ for projects specified in 

7 the explanatory statement accompanying that Act shall 

8 not apply to funds appropriated by this division. 

9 SEC. 1327. (a) Notwithstanding section 1101, the 

10 level for ‘‘Department of Commerce, National Oceanic and 

11 Atmospheric Administration, Procurement, Acquisition 

12 and Construction’’ shall be $1,335,353,000. 

13 (b) The set-aside included in division B of Public Law 

14 111–117 under the heading ‘‘Department of Commerce, 

15 National Oceanic and Atmospheric Administration, Pro16 curement, Acquisition and Construction’’ for projects 

17 specified in the explanatory statement accompanying that 

18 Act shall not apply to funds appropriated by this division. 

19 SEC. 1328. Notwithstanding section 1101, the level 

20 for ‘‘Department of Commerce, Departmental Manage21 ment, Herbert C. Hoover Building Renovation and Mod22 ernization’’ shall be $15,000,000. 

23 SEC. 1329. Notwithstanding section 1101, the level 

24 for ‘‘Department of Commerce, United States Patent and 

25 Trademark Office, Salaries and Expenses’’ shall be 


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1 $2,090,000,000, to remain available until expended: Pro2 vided, That the sum herein appropriated from the general 

3 fund shall be reduced as offsetting collections assessed and 

4 collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 

5 and 376 are received during fiscal year 2011, so as to re6 sult in a fiscal year 2011 appropriation from the general 

7 fund estimated at $0: Provided further, That during fiscal 

8 year 2011, should the total amount of offsetting fee collec9 tions be less than $2,090,000,000, this amount shall be 

10 reduced accordingly. 

11 SEC. 1330. Notwithstanding section 1101, the level 

12 for ‘‘Department of Justice, State and Local Law En13 forcement Activities, Salaries and Expenses’’ shall be 

14 $187,000,000. 

15 SEC. 1331. (a) Notwithstanding section 1101, the 

16 level for ‘‘Department of Justice, Office of Justice Pro17 grams, State and Local Law Enforcement Assistance’’ 

18 shall be $1,120,085,000. 

19 (b) Notwithstanding section 1101, the level for ‘‘De20 partment of Justice, Office of Justice Programs, Juvenile 

21 Justice Programs’’ shall be $275,975,000. 

22 (c)(1) Notwithstanding section 1101, the level for 

23 ‘‘Department of Justice, Community Oriented Policing 

24 Services’’ shall be $495,925,000. 


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1 (2) Amounts included under the heading ‘‘De2 partment of Justice, Community Oriented Policing 

3 Services’’ in division B of Public Law 111–117 shall 

4 be applied to funds appropriated by this division by 

5 substituting ‘‘$15,000,000’’ for ‘‘$40,385,000’’ and 

6 ‘‘$1,500,000’’ for ‘‘$170,223,000’’. 

7 (d) Except as otherwise provided in section 1321, 

8 each set-aside included in an account, the level of which 

9 is established by subsection (a), (b), or (c) of this section, 

10 shall be reduced proportionately to reflect the level pro11 vided in the respective subsection for each account. 

12 SEC. 1332. Notwithstanding any other provision of 

13 law, section 20109(a), in subtitle A of title II of the Vio14 lent Crime Control and Law Enforcement Act of 1994 (42 

15 U.S.C. 13709(a)), shall not apply to amounts made avail16 able by this division. 

17 SEC. 1333. (a) Notwithstanding section 1101, the 

18 level for ‘‘National Aeronautics and Space Administration, 

19 Exploration’’ shall be $3,808,300,000. 

20 (b) Notwithstanding sections 1104 and 1105, the 

21 provisos under the heading ‘‘National Aeronautics and 

22 Space Administration, Exploration’’ in division B of Pub23 lic Law 111–117, as amended, shall not apply to funds 

24 appropriated by this division. 


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1 (c) Of the amounts appropriated by this division for 

2 ‘‘National Aeronautics and Space Administration, Explo3 ration’’, not less than $1,200,000,000 shall be for the mul4 tipurpose crew vehicle to continue existing vehicle develop5 ment activities to meet the requirements described in 

6 paragraph (a)(1) of section 303 of Public Law 111–267, 

7 and not less than $1,800,000,000 shall be for the heavy 

8 lift launch vehicle system which shall have a lift capability 

9 not less than 130 tons and which shall have an upper 

10 stage and other core elements developed simultaneously. 

11 SEC. 1334. (a) Notwithstanding section 1101, the 

12 level for ‘‘National Aeronautics and Space Administration, 

13 Space Operations’’ shall be $5,508,500,000. 

14 (b) The proviso specifying amounts under the head15 ing ‘‘National Aeronautics and Space Administration, 

16 Space Operations’’ in division B of Public Law 111–117 

17 shall not apply to funds appropriated by this division. 

18 SEC. 1335. Notwithstanding section 1101, the level 

19 for ‘‘National Aeronautics and Space Administration, 

20 Science’’ shall be $4,945,300,000. 

21 SEC. 1336. Notwithstanding section 1101, the level 

22 for ‘‘National Aeronautics and Space Administration, Aer23 onautics’’ shall be $535,000,000. 


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1 SEC. 1337. Notwithstanding section 1101, the level 

2 for ‘‘National Aeronautics and Space Administration, 

3 Education’’ shall be $145,800,000. 

4 SEC. 1338. (a) Notwithstanding section 1101, the 

5 level for ‘‘National Aeronautics and Space Administration, 

6 Cross Agency Support’’ shall be $3,111,400,000. 

7 (b) The provisos specifying amounts under the head8 ing ‘‘National Aeronautics and Space Administration, 

9 Cross Agency Support’’ in division B of Public Law 111– 

10 117 shall not apply to funds appropriated by this division. 

11 SEC. 1339. (a) Notwithstanding section 1101, the 

12 level for ‘‘National Aeronautics and Space Administration, 

13 Construction and Environmental Compliance and Remedi14 ation’’ shall be $394,300,000. 

15 (b) This level shall not include amounts made avail16 able by section 1101 from lease proceeds under such ac17 count. 

18 (c) The first proviso under the heading ‘‘National 

19 Aeronautics and Space Administration, Construction and 

20 Environmental Compliance and Remediation’’ in division 

21 B of Public Law 111–117 shall not apply to funds appro22 priated by this division. 

23 SEC. 1340. (a) None of the funds made available by 

24 this division may be used for the National Aeronautics and 

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1 nology Policy to develop, design, plan, promulgate, imple2 ment, or execute a bilateral policy, program, order, or con3 tract of any kind to participate, collaborate, or coordinate 

4 bilaterally in any way with China or any Chinese-owned 

5 company unless such activities are specifically authorized 

6 by a law enacted after the date of enactment of this divi7 sion. 

8 (b) The limitation in subsection (a) shall also apply 

9 to any funds used to effectuate the hosting of official Chi10 nese visitors at facilities belonging to or utilized by the 

11 National Aeronautics and Space Administration. 

12 SEC. 1341. Notwithstanding section 1101, amounts 

13 are provided for ‘‘Legal Services Corporation, Payment to 

14 the Legal Services Corporation’’ in division B of Public 

15 Law 111–117 in the manner authorized in Public Law 

16 111–117 for fiscal year 2010, except that for fiscal year 

17 2011 the amounts specified in division B of Public Law 

18 111–117 shall be modified by substituting— 

19 (1) ‘‘$405,000,000’’ for ‘‘$420,000,000’’; and 

20 (2) ‘‘$379,400,000’’ for ‘‘$394,400,000’’. 

21 SEC. 1342. Section 505(a)(1) of division B of Public 

22 Law 111–117 is amended by inserting ‘‘, unless the House 

23 and Senate Committees on Appropriations are notified 15 

24 days in advance of such reprogramming of funds’’ before 

25 the semicolon. 


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1 SEC. 1343. Of the unobligated balances available to 

2 the Department of Justice from prior appropriations, the 

3 following funds are rescinded, not later than September 

4 30, 2011, from the following accounts in the specified 

5 amounts: (1) ‘‘Office of Justice Programs’’, $42,000,000; 

6 (2) ‘‘Community Oriented Policing Services’’, 

7 $10,200,000; and (3) ‘‘Legal Activities, Assets Forfeiture 

8 Fund’’, $495,000,000. 

9 SEC. 1344. Of the unobligated balances available to 

10 the Department of Justice for the ‘‘Working Capital 

11 Fund’’, $26,000,000 is hereby permanently rescinded. 

12 SEC. 1345. Of the unobligated balances available to 

13 the Bureau of the Census for the Census Working Capital 

14 Fund, $50,000,000 is hereby permanently rescinded. 

15 SEC. 1346. Of the unobligated balances available to 

16 the National Telecommunications and Information Ad17 ministration for reimbursable spectrum management ac18 tivities, $4,800,000 is hereby rescinded. 

19 SEC. 1347. Notwithstanding any other provision of 

20 law, in fiscal year 2012 and thereafter payments for costs 

21 described in subsection (a) of section 404 of Public Law 

22 107–42, as amended, shall be considered to be, and in23 cluded in, payments for compensation for the purposes of 

24 sections 406(b) and (d)(1) of such Act. 


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1 SEC. 1348. None of the funds made available by this 

2 division may be used to implement, establish, or create a 

3 NOAA Climate Service as described in the ‘‘Draft NOAA 

4 Climate Service Strategic Vision and Framework’’ pub5 lished at 75 Federal Register 57739 (September 22, 2010) 

6 and updated on December 20, 2010: Provided, That this 

7 limitation shall expire on September 30, 2011. 

8 SEC. 1349. None of the funds made available by this 

9 division may be used to approve a new limited access privi10 lege program (as that term is used in section 303A of the 

11 Magnuson-Stevens Fishery Conservation and Manage12 ment Act (16 U.S.C. 1853a)) for any fishery under the 

13 jurisdiction of the South Atlantic, Mid-Atlantic, New Eng14 land, or Gulf of Mexico Fishery Management Councils in 

15 fiscal year 2011: Provided, That nothing in this section 

16 shall prevent development activities related to limited ac17 cess privilege programs. 

18 TITLE IV—ENERGY AND WATER 

19 DEVELOPMENT AND RELATED AGENCIES 

20 SEC. 1401. All of the provisos under the heading 

21 ‘‘Corps of Engineers—Civil, Department of the Army, 

22 Construction’’ in the Energy and Water Development and 

23 Related Agencies Appropriations Act, 2010 (Public Law 

24 111–85) shall not apply to funds appropriated by this divi25 sion. 


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1 SEC. 1402. The proviso under the heading ‘‘Corps of 

2 Engineers—Civil, Department of the Army, Mississippi 

3 River and Tributaries’’ in the Energy and Water Develop4 ment and Related Agencies Appropriations Act, 2010 

5 (Public Law 111–85) shall not apply to funds appro6 priated by this division. 

7 SEC. 1403. The fifth proviso (regarding the San Ga8 briel Basin Restoration Fund), seventh proviso (regarding 

9 the Milk River Project) and eighth proviso (regarding the 

10 Departmental Irrigation Drainage program) under the 

11 heading ‘‘Department of the Interior, Bureau of Reclama12 tion, Water and Related Resources’’ in the Energy and 

13 Water Development and Related Agencies Appropriations 

14 Act, 2010 (Public Law 111–85) shall not apply to funds 

15 appropriated by this division. 

16 SEC. 1404. All of the provisos under the heading 

17 ‘‘Department of Energy, Energy Programs, Energy Effi18 ciency and Renewable Energy’’ in title III of the Energy 

19 and Water Development and Related Agencies Appropria20 tions Act, 2010 (Public Law 111–85) shall not apply to 

21 funds appropriated by this division. 

22 SEC. 1405. All of the provisos under the heading 

23 ‘‘Department of Energy, Energy Programs, Electricity 

24 Delivery and Energy Reliability’’ in title III of the Energy 

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1 tions Act, 2010 (Public Law 111–85) shall not apply to 

2 funds appropriated by this division. 

3 SEC. 1406. The proviso under the heading ‘‘Depart4 ment of Energy, Energy Programs, Nuclear Energy’’ in 

5 title III of the Energy and Water Development and Re6 lated Agencies Appropriations Act, 2010 (Public Law 

7 111–85) shall not apply to funds appropriated by this divi8 sion. 

9 SEC. 1407. All of the provisos under the heading 

10 ‘‘Department of Energy, Energy Programs, Fossil Energy 

11 Research and Development’’ in title III of the Energy and 

12 Water Development and Related Agencies Appropriations 

13 Act, 2010 (Public Law 111–85) shall not apply to funds 

14 appropriated by this division. 

15 SEC. 1408. All of the provisos under the heading 

16 ‘‘Department of Energy, Energy Programs, Science’’ in 

17 title III of the Energy and Water Development and Re18 lated Agencies Appropriations Act, 2010 (Public Law 

19 111–85) shall not apply to funds appropriated by this divi20 sion. 

21 SEC. 1409. The thirteenth proviso (regarding Com22 mission funding) under the heading ‘‘Department of En23 ergy, Energy Programs, Nuclear Waste Disposal’’ in title 

24 III of the Energy and Water Development and Related 


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1 Agencies Appropriations Act, 2010 (Public Law 111–85) 

2 shall not apply to funds appropriated by this division. 

3 SEC. 1410. All of the provisos under the heading 

4 ‘‘Department of Energy, Atomic Energy Defense Activi5 ties, National Nuclear Security Administration, Weapons 

6 Activities’’ in title III of the Energy and Water Develop7 ment and Related Agencies Appropriations Act, 2010 

8 (Public Law 111–85) shall not apply to funds appro9 priated by this division. 

10 SEC. 1411. The proviso under the heading ‘‘Depart11 ment of Energy, Atomic Energy Defense Activities, Na12 tional Nuclear Security Administration, Defense Nuclear 

13 Nonproliferation’’ in title III of the Energy and Water De14 velopment and Related Agencies Appropriations Act, 2010 

15 (Public Law 111–85) shall not apply to funds appro16 priated by this division. 

17 SEC. 1412. All of the provisos under the heading 

18 ‘‘Department of Energy, Atomic Energy Defense Activi19 ties, National Nuclear Security Administration, Office of 

20 the Administrator’’ in title III of the Energy and Water 

21 Development and Related Agencies Appropriations Act, 

22 2010 (Public Law 111–85) shall not apply to funds appro23 priated by this division. 

24 SEC. 1413. The proviso under the heading ‘‘Depart25 ment of Energy, Atomic Energy Defense Activities, EnviVerDate Mar 15 2010 03:37 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 ronmental and Other Defense Activities, Defense Environ2 mental Cleanup’’ in title III of the Energy and Water De3 velopment and Related Agencies Appropriations Act, 2010 

4 (Public Law 111–85) shall not apply to funds appro5 priated by this division. 

6 SEC. 1414. The proviso under the heading ‘‘Depart7 ment of Energy, Atomic Energy Defense Activities, Envi8 ronmental and Other Defense Activities, Other Defense 

9 Activities’’ in title III of the Energy and Water Develop10 ment and Related Agencies Appropriations Act, 2010 

11 (Public Law 111–85) shall not apply to funds appro12 priated by this division. 

13 SEC. 1415. The fifth proviso under the heading ‘‘De14 partment of Energy, Power Marketing Administrations, 

15 Construction, Rehabilitation, Operation and Maintenance, 

16 Western Area Power Administration’’ in title III of the 

17 Energy and Water Development and Related Agencies Ap18 propriations Act, 2010 (Public Law 111–85) shall not 

19 apply to funds appropriated by this division. 

20 SEC. 1416. Sections 105, 106, 107, 110 through 125, 

21 205 through 211, 502, and 506 of the Energy and Water 

22 Development and Related Agencies Appropriations Act, 

23 2010 (Public Law 111–85), to the extent the sections di24 rect funds, shall not apply to funds appropriated by this 

25 division. 


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1 SEC. 1417. In addition to amounts otherwise made 

2 available by this division, $180,000,000 is appropriated 

3 for ‘‘Department of Energy, Energy Programs, Advanced 

4 Research Projects Agency—Energy’’. 

5 SEC. 1418. No appropriation, funds, or authority 

6 made available pursuant to section 1101 for the Depart7 ment of Energy or Corps of Engineers, Civil shall be used 

8 to initiate or resume any program, project or activity or 

9 to initiate Requests For Proposals or similar arrange10 ments (including Requests for Quotations, Requests for 

11 Information, and Funding Opportunity Announcements) 

12 for a program, project or activity if the program, project 

13 or activity has not been funded by Congress, unless prior 

14 approval is received from the Committees on Appropria15 tions of the House of Representatives and the Senate. 

16 SEC. 1419. Notwithstanding section 1101, the level 

17 for ‘‘Independent Agencies, Appalachian Regional Com18 mission’’ shall be $68,400,000. 

19 SEC. 1420. Notwithstanding section 1101, the level 

20 for ‘‘Independent Agencies, Delta Regional Authority’’ 

21 shall be $11,700,000. 

22 SEC. 1421. Notwithstanding section 1101, the level 

23 for ‘‘Independent Agencies, Denali Commission’’ shall be 

24 $10,700,000. 


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1 SEC. 1422. Notwithstanding section 1101, the level 

2 for ‘‘Defense Nuclear Facilities Safety Board’’ shall be 

3 $23,250,000. 

4 SEC. 1423. Notwithstanding section 1101, for the 

5 ‘‘Nuclear Regulatory Commission, Salaries and Ex6 penses’’, for necessary expenses in carrying out the pur7 poses of the Energy Reorganization Act of 1974, as 

8 amended, and the Atomic Energy Act of 1954, as amend9 ed, including official representation expenses (not to ex10 ceed $25,000), $1,043,483,000, to remain available until 

11 expended: Provided, That of the amount appropriated 

12 herein, $10,000,000 shall be derived from the Nuclear 

13 Waste Fund: Provided further, That revenues from licens14 ing fees, inspection services, and other services and collec15 tions estimated at $906,220,000 in fiscal year 2011 shall 

16 be retained and used for necessary salaries and expenses 

17 in this account, notwithstanding 31 U.S.C. 3302, and 

18 shall remain available until expended: Provided further, 

19 That the sum herein appropriated shall be reduced by the 

20 amount of revenues received during fiscal year 2011 so 

21 as to result in a final fiscal year 2011 appropriation esti22 mated at not more than $137,263,000: Provided further, 

23 That the last proviso under such heading in title IV of 

24 Public Law 111–85 shall not apply to funds appropriated 

25 by this division. 


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1 SEC. 1424. Section 15751(b) of title 40, United 

2 States Code, shall not apply to funds appropriated by this 

3 division. 

4 SEC. 1425. Notwithstanding section 1101, and sub5 ject to section 502 of the Congressional Budget Act of 

6 1974, commitments to guarantee loans for renewable en7 ergy or efficient end-use energy technologies under title 

8 XVII of the Energy Policy Act of 2005 shall not exceed 

9 a total principal amount of $1,183,000,000, to remain 

10 available until committed: Provided, That, in addition to 

11 the amounts above, for the cost of loan guarantees for re12 newable energy or efficient end-use energy technologies 

13 under section 1703 of the Energy Policy Act of 2005, 

14 $170,000,000 is appropriated, to remain available until 

15 expended: Provided further, That the amounts provided in 

16 this section are in addition to those provided in any other 

17 Act: Provided further, That, notwithstanding section 

18 1703(a)(2) of the Energy Policy Act of 2005, funds appro19 priated for the cost of loan guarantees and loan guarantee 

20 authority provided by this section are also available for 

21 projects for which an application has been submitted to 

22 the Department of Energy prior to February 24, 2011, 

23 in whole or in part, for a loan guarantee under section 

24 1705 of the Energy Policy Act of 2005: Provided further, 

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1 antee loans for renewable and/or energy efficient systems 

2 and manufacturing, and distributed energy generation, 

3 transmission and distribution projects under the heading 

4 ‘‘Department of Energy, Title 17 Innovative Technology 

5 Loan Guarantee Authority Loan Program’’, in title III of 

6 division C of Public Law 111–8, $18,183,000,000 is re7 scinded: Provided further, That for amounts collected pur8 suant to section 1702(b)(2) of the Energy Policy Act of 

9 2005, the source of such payment received from borrowers 

10 may not be a loan or other debt obligation that is guaran11 teed by the Federal Government: Provided further, That 

12 none of such loan guarantee authority made available by 

13 this division shall be available for commitments to guar14 antee loans for any projects where funds, personnel, or 

15 property (tangible or intangible) of any Federal agency, 

16 instrumentality, personnel, or affiliated entity are expected 

17 be used (directly or indirectly) through acquisitions, con18 tracts, demonstrations, exchanges, grants, incentives, 

19 leases, procurements, sales, other transaction authority, or 

20 other arrangements, to support the project or to obtain 

21 goods or services from the project: Provided further, That 

22 the previous proviso shall not be interpreted as precluding 

23 the use of the loan guarantee authority by this division 

24 for commitments to guarantee loans for (1) projects as 

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1 able Federal income tax benefits; (2) projects as a result 

2 of such projects benefitting from being located on Federal 

3 land pursuant to a lease or right-of-way agreement for 

4 which all consideration for all uses is (A) paid exclusively 

5 in cash, (B) deposited in the Treasury as offsetting re6 ceipts, and (C) equal to the fair market value as deter7 mined by the head of the relevant Federal agency; (3) 

8 projects as a result of such projects benefitting from Fed9 eral insurance programs, including under section 170 of 

10 the Atomic Energy Act of 1954 (42 U.S.C. 2210; com11 monly known as the ‘‘Price-Anderson Act’’); or (4) electric 

12 generation projects using transmission facilities owned or 

13 operated by a Federal Power Marketing Administration 

14 or the Tennessee Valley Authority that have been author15 ized, approved, and financed independent of the project 

16 receiving the guarantee: Provided further, That none of the 

17 loan guarantee authority made available by this division 

18 shall be available for any project unless the Director of 

19 the Office of Management and Budget has certified in ad20 vance in writing that the loan guarantee and the project 

21 comply with the provisions under this section: Provided 

22 further, That an additional amount for necessary adminis23 trative expenses to carry out this Loan Guarantee pro24 gram, $58,000,000 is appropriated, to remain available 

25 until expended: Provided further, That $58,000,000 of the 


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1 fees collected pursuant to section 1702(h) of the Energy 

2 Policy Act of 2005 shall be credited as offsetting collec3 tions to this account to cover administrative expenses and 

4 shall remain available until expended, so as to result in 

5 a final fiscal year 2011 appropriation from the general 

6 fund estimated at not more than $0. 

7 SEC. 1426. Of the unobligated balances available for 

8 ‘‘Corps of Engineers—Civil, Department of the Army, 

9 Mississippi River and Tributaries’’, $22,000,000 is re10 scinded, to be derived by cancelling unobligated balances 

11 for the Yazoo Basin, Backwater Pump, Mississippi 

12 project. 

13 SEC. 1427. Notwithstanding section 1101, the level 

14 for ‘‘Corps of Engineers—Civil, Department of the Army, 

15 Investigations’’ shall be $127,000,000. 

16 SEC. 1428. Notwithstanding section 1101, the level 

17 for ‘‘Corps of Engineers—Civil, Department of the Army, 

18 Construction’’ shall be $1,793,409,000. 

19 SEC. 1429. Notwithstanding section 1101, the level 

20 for ‘‘Corps of Engineers—Civil, Department of the Army, 

21 Mississippi River and Tributaries’’ shall be $264,435,000. 

22 SEC. 1430. Notwithstanding section 1101, the level 

23 for ‘‘Corps of Engineers—Civil, Department of the Army, 

24 Operation and Maintenance’’ shall be $2,370,500,000. 


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1 SEC. 1431. Notwithstanding section 1101, the level 

2 for ‘‘Corps of Engineers—Civil, Department of the Army, 

3 Formerly Utilized Sites Remedial Action Program’’ shall 

4 be $130,000,000. 

5 SEC. 1432. Notwithstanding section 1101, the level 

6 for ‘‘Department of the Interior, Central Utah Project, 

7 Central Utah Project Completion Account’’ shall be 

8 $32,004,000. 

9 SEC. 1433. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Interior, Bureau of Reclamation, 

11 Water and Related Resources’’ shall be $913,500,000. 

12 SEC. 1434. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, Bureau of Reclamation, 

14 Central Valley Project Restoration Fund’’ shall be 

15 $49,915,000. 

16 SEC. 1435. Notwithstanding section 1101, the level 

17 for ‘‘Department of Energy, Energy Programs, Energy 

18 Efficiency and Renewable Energy’’ shall be 

19 $1,835,000,000. 

20 SEC. 1436. Notwithstanding section 1101, the level 

21 for ‘‘Department of Energy, Energy Programs, Electricity 

22 Delivery and Energy Reliability’’ shall be $145,000,000. 

23 SEC. 1437. Notwithstanding section 1101, the level 

24 for ‘‘Department of Energy, Energy Programs, Nuclear 

25 Energy’’ shall be $737,092,000. 


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1 SEC. 1438. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Energy Programs, Fossil En3 ergy Research and Development’’ shall be $586,000,000. 

4 SEC. 1439. Notwithstanding section 1101, the level 

5 for ‘‘Department of Energy, Energy Programs, Naval Pe6 troleum and Oil Shale Reserves’’ shall be $23,000,000. 

7 SEC. 1440. Notwithstanding section 1101, the level 

8 for ‘‘Department of Energy, Energy Programs, Strategic 

9 Petroleum Reserve’’ shall be $209,861,000: Provided, 

10 That of the funds appropriated in Public Law 110–161 

11 under this heading for new site land acquisition activities, 

12 $14,493,000 is rescinded: Provided further, That of the 

13 funds appropriated in Public Law 110–329 under this 

14 heading for new site expansion activities, beyond land ac15 quisition, $31,507,000 is rescinded: Provided further, That 

16 of the funds appropriated in Public Law 111–85 under 

17 this heading, $25,000,000 is rescinded. 

18 SEC. 1441. Notwithstanding section 1101, the level 

19 for ‘‘Department of Energy, Energy Programs, Northeast 

20 Home Heating Oil Reserve’’ shall be $11,000,000. 

21 SEC. 1442. Notwithstanding section 1101, the level 

22 for ‘‘Department of Energy, Energy Programs, Energy 

23 Information Administration’’ shall be $95,600,000. 


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1 SEC. 1443. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Energy Programs, Non-De3 fense Environmental Cleanup’’ shall be $225,200,000. 

4 SEC. 1444. Notwithstanding section 1101, the level 

5 for ‘‘Department of Energy, Energy Programs, Uranium 

6 Enrichment Decontamination and Decommissioning 

7 Fund’’ shall be $509,000,000. 

8 SEC. 1445. Notwithstanding section 1101, the level 

9 for ‘‘Department of Energy, Energy Programs, Science’’ 

10 shall be $4,884,000,000. 

11 SEC. 1446. Notwithstanding section 1101, the level 

12 for ‘‘Department of Energy, Energy Programs, Nuclear 

13 Waste Disposal’’ shall be $0. 

14 SEC. 1447. Notwithstanding section 1101, the level 

15 for ‘‘Department of Energy, Energy Programs, Depart16 mental Administration’’ shall be $268,640,000: Provided, 

17 That miscellaneous revenues under this appropriation may 

18 be $119,740,000 so as to result in a final fiscal year 2011 

19 appropriation from the general fund estimated at no more 

20 than $148,900,000. 

21 SEC. 1448. Notwithstanding section 1101, the level 

22 for ‘‘Department of Energy, Energy Programs, Advanced 

23 Technology Vehicles Manufacturing Loan Program’’ shall 

24 be $9,998,000. 


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1 SEC. 1449. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Energy Programs, Office of 

3 the Inspector General’’ shall be $42,850,000. 

4 SEC. 1450. Notwithstanding section 1101, the level 

5 for ‘‘Department of Energy, Atomic Energy Defense Ac6 tivities, National Nuclear Security Administration, Weap7 ons Activities’’ shall be $6,993,419,000. 

8 SEC. 1451. Notwithstanding section 1101, the level 

9 for ‘‘Department of Energy, Atomic Energy Defense Ac10 tivities, National Nuclear Security Administration, De11 fense Nuclear Nonproliferation’’ shall be $2,326,000,000. 

12 SEC. 1452. Notwithstanding section 1101, the level 

13 for ‘‘Department of Energy, Atomic Energy Defense Ac14 tivities, National Nuclear Security Administration, Naval 

15 Reactors’’ shall be $967,000,000. 

16 SEC. 1453. Notwithstanding section 1101, the level 

17 for ‘‘Department of Energy, Atomic Energy Defense Ac18 tivities, National Nuclear Security Administration, Office 

19 of the Administrator’’ shall be $399,793,000. 

20 SEC. 1454. Notwithstanding section 1101, the level 

21 for ‘‘Department of Energy, Environmental and Other 

22 Defense Activities, Defense Environmental Cleanup’’ shall 

23 be $5,016,041,000, of which $33,700,000 shall be trans24 ferred to the ‘‘Uranium Enrichment Decontamination and 

25 Decommissioning Fund’’. 


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1 SEC. 1455. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Environmental and Other 

3 Defense Activities, Other Defense Activities’’ shall be 

4 $790,000,000. 

5 SEC. 1456. Notwithstanding section 1101, the level 

6 for ‘‘Department of Energy, Environmental and Other 

7 Defense Activities, Defense Nuclear Waste Disposal’’ shall 

8 be $0. 

9 SEC. 1457. Of the unobligated balances from prior 

10 year appropriations available for ‘‘Corps of Engineers— 

11 Civil, Department of the Army, Construction’’, 

12 $100,000,000 is rescinded, to be derived from the Con13 tinuing Authorities Program: Provided, That of the unob14 ligated balances made available for accounts under the 

15 heading ‘‘Corps of Engineers—Civil, Department of the 

16 Army’’ in Public Law 110–161 or any appropriation Act 

17 prior to such Act, $76,000,000 is rescinded (in addition 

18 to funds rescinded in the previous proviso). 

19 SEC. 1458. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Energy Efficiency and Renewable En22 ergy’’, $30,000,000 is rescinded. 

23 SEC. 1459. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 


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1 Energy Programs, Electricity Delivery and Energy Reli2 ability’’, $3,700,000 is rescinded. 

3 SEC. 1460. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Nuclear Energy’’, $6,300,000 is re6 scinded. 

7 SEC. 1461. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Fossil Energy Research and Develop10 ment’’, $140,000,000 is rescinded. 

11 SEC. 1462. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Naval Petroleum and Oil Shale Re14 serves’’, $2,100,000 is rescinded. 

15 SEC. 1463. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Clean Coal Technology’’, $16,500,000 

18 is rescinded. 

19 SEC. 1464. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Strategic Petroleum Reserve’’, 

22 $15,300,000 is rescinded in addition to funds rescinded 

23 elsewhere in this division. 

24 SEC. 1465. Of the unobligated balances from prior 

25 year appropriations available for ‘‘Department of Energy, 


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1 Energy Programs, Energy Information Administration’’, 

2 $400,000 is rescinded. 

3 SEC. 1466. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Non-Defense Environmental Cleanup’’, 

6 $900,000 is rescinded. 

7 SEC. 1467. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Uranium Enrichment Decontamination 

10 and Decommissioning Fund’’, $9,900,000 is rescinded. 

11 SEC. 1468. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Science’’, $15,000,000 is rescinded. 

14 SEC. 1469. Of the unobligated balances from prior 

15 year appropriations available for ‘‘Department of Energy, 

16 Energy Programs, Nuclear Waste Disposal’’, $2,800,000 

17 is rescinded. 

18 SEC. 1470. Of the unobligated balances from prior 

19 year appropriations available for ‘‘Department of Energy, 

20 Energy Programs, Departmental Administration’’, 

21 $81,900,000 is rescinded. 

22 SEC. 1471. Of the unobligated balances from prior 

23 year appropriations available for ‘‘Department of Energy, 

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1 rity Administration, Weapons Activities’’, $50,000,000 is 

2 rescinded. 

3 SEC. 1472. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Atomic Energy Defense Activities, National Nuclear Secu6 rity Administration, Defense Nuclear Nonproliferation’’, 

7 $45,000,000 is rescinded. 

8 SEC. 1473. Of the unobligated balances from prior 

9 year appropriations available for ‘‘Department of Energy, 

10 Atomic Energy Defense Activities, National Nuclear Secu11 rity Administration, Naval Reactors’’, $1,000,000 is re12 scinded. 

13 SEC. 1474. Of the unobligated balances from prior 

14 year appropriations available for ‘‘Department of Energy, 

15 Atomic Energy Defense Activities, National Nuclear Secu16 rity Administration, Office of the Administrator’’, 

17 $5,700,000 is rescinded. 

18 SEC. 1475. Of the unobligated balances from prior 

19 year appropriations available for ‘‘Department of Energy, 

20 Environmental and Other Defense Activities, Defense En21 vironmental Cleanup’’, $11,900,000 is rescinded. 

22 SEC. 1476. Of the unobligated balances from prior 

23 year appropriations available for ‘‘Department of Energy, 

24 Environmental and Other Defense Activities, Other De25 fense Activities’’, $3,400,000 is rescinded. 


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1 SEC. 1477. Of the unobligated balances from prior 

2 year appropriations available for ‘‘Independent Agencies, 

3 Denali Commission’’, $15,000,000 is rescinded. 

4 SEC. 1478. Within 30 days of enactment of this divi5 sion, the Department of Energy; Corps of Engineers, 

6 Civil; Nuclear Regulatory Commission; and Bureau of 

7 Reclamation shall submit to the Committees on Appro8 priations of the House of Representatives and the Senate 

9 a spending, expenditure, or operating plan for fiscal year 

10 2011 at a level of detail below the account level. 

11 SEC. 1479. No rescission made in this title shall 

12 apply to any amount previously designated by the Con13 gress as an emergency requirement pursuant to a concur14 rent resolution on the budget or the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 SEC. 1480. None of the funds made available by this 

17 division or prior appropriation Acts (other than Public 

18 Law 111–5) for Energy and Water Development may be 

19 used to pay the costs of employment (such as pay and 

20 benefits), or termination (such as severance pay), of any 

21 employee or contractor of the Department of Energy who 

22 is appointed, employed, or retained under the authority 

23 of, or using funds provided by, Public Law 111–5, or 

24 whose functions or operations (including programmatic re25 sponsibilities) are substantially or entirely funded under 


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1 Public Law 111–5: Provided, That this section shall not 

2 apply to any employee or contractor of the Department 

3 of Energy whose functions or operations are primarily or 

4 wholly to provide oversight for funds provided by Public 

5 Law 111–5. 

6 SEC. 1481. None of the funds made available by this 

7 division may be used for the study of the Missouri River 

8 Projects authorized in section 108 of the Energy and 

9 Water Development and Related Agencies Appropriations 

10 Act, 2009 (division C of Public Law 111–8). 

11 SEC. 1482. Notwithstanding section 1101, the levels 

12 made available by this division for the following accounts 

13 of the Department of Energy are reduced by the following 

14 amounts, to reflect savings resulting from the contractor 

15 pay freeze instituted by the Department: ‘‘Energy Pro16 grams, Energy Efficiency and Renewable Energy’’, 

17 $5,700,000; ‘‘Energy Programs, Nuclear Energy’’, 

18 $3,500,000; ‘‘Energy Programs, Fossil Energy Research 

19 and Development’’, $300,000; ‘‘Energy Programs, Non20 Defense Environmental Cleanup’’, $400,000; ‘‘Energy 

21 Programs, Uranium Enrichment Decontamination and 

22 Decommissioning Fund’’, $1,000,000; ‘‘Energy Programs, 

23 Science’’, $16,600,000; ‘‘Energy Programs, Departmental 

24 Administration’’, $18,000,000; ‘‘Environmental and Other 

25 Defense Activities, Defense Environmental Cleanup’’, 


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1 $14,400,000; ‘‘Atomic Energy Defense Activities, Na2 tional Nuclear Security Administration, Weapons Activi3 ties’’, $33,100,000; ‘‘Atomic Energy Defense Activities, 

4 National Nuclear Security Administration, Defense Nu5 clear Nonproliferation’’, $2,700,000; and ‘‘Atomic Energy 

6 Defense Activities, National Nuclear Security Administra7 tion, Naval Reactors’’, $4,900,000. 

8 TITLE V—FINANCIAL SERVICES AND GENERAL 

9 GOVERNMENT 

10 SEC. 1501. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Treasury, Departmental Offices, 

12 Salaries and Expenses’’ shall be $307,002,000, of which 

13 $100,000,000 shall be for terrorism and financial intel14 ligence activities; and the requirement under this heading 

15 to transfer funds to the National Academy of Sciences for 

16 a carbon audit of the tax code and the funding designa17 tions related to executive direction program activities, eco18 nomic policies and program activities, financial policies 

19 and program activities, Treasury-wide management poli20 cies and program activities, and administration program 

21 activities shall not apply to funds appropriated by this di22 vision; and funding under this heading is available for 

23 international representation commitments of the Sec24 retary, and for contribution to the Global Forum on 


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1 Transparency and Exchange of Information for Tax Pur2 poses. 

3 SEC. 1502. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Treasury, Departmental Offices, 

5 Department-wide Systems and Capital Investments Pro6 grams’’ shall be $4,000,000, and the first proviso under 

7 such heading shall not apply to funds appropriated by this 

8 division. 

9 SEC. 1503. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Treasury, Departmental Offices, 

11 Special Inspector General for the Troubled Asset Relief 

12 Program, Salaries and Expenses’’ shall be $36,300,000. 

13 SEC. 1504. Of the unobligated balances available for 

14 ‘‘Department of the Treasury, Treasury Forfeiture 

15 Fund’’, $400,000,000 are rescinded. 

16 SEC. 1505. Notwithstanding section 1101, the level 

17 for ‘‘Department of the Treasury, Financial Management 

18 Service, Salaries and Expenses’’ shall be $233,253,000. 

19 SEC. 1506. Notwithstanding section 1101, the level 

20 for ‘‘Department of the Treasury, Alcohol and Tobacco 

21 Tax and Trade Bureau, Salaries and Expenses’’ shall be 

22 $101,000,000, and the first proviso under such heading 

23 shall not apply to funds appropriated by this division. 

24 SEC. 1507. Notwithstanding section 1101, the level 

25 for ‘‘Department of the Treasury, Bureau of the Public 


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1 Debt, Administering the Public Debt’’ shall be 

2 $184,985,000. 

3 SEC. 1508. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Treasury, Community Develop5 ment Financial Institutions Fund Program Account’’ shall 

6 be $227,000,000 for financial assistance, technical assist7 ance, training outreach programs, and administrative ex8 penses, of which $22,000,000 shall be for the Bank Enter9 prise Award program; and under such heading the require10 ment to transfer funds to the Capital Magnet Fund and 

11 the funding designations for pilot project grants and ad12 ministration shall not apply to funds appropriated by this 

13 division. 

14 SEC. 1509. Notwithstanding section 1101, the fund15 ing designations for tax enforcement under the heading 

16 ‘‘Department of the Treasury, Internal Revenue Service, 

17 Operations Support’’ shall not apply to funds appropriated 

18 by this division. 

19 SEC. 1510. Notwithstanding section 1101, section 

20 105 of division C of Public Law 111–117 shall not apply 

21 to funds appropriated by this division. 

22 SEC. 1511. Notwithstanding section 1101, the level 

23 for ‘‘Executive Office of the President and Funds Appro24 priated to the President, The White House, Salaries and 

25 Expenses’’ shall be $58,552,000. 


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1 SEC. 1512. Notwithstanding section 1101, the level 

2 for ‘‘Executive Office of the President and Funds Appro3 priated to the President, Executive Residence at the White 

4 House, Operating Expenses’’ shall be $13,700,000. 

5 SEC. 1513. Notwithstanding section 1101, the level 

6 for ‘‘Executive Office of the President and Funds Appro7 priated to the President, White House Repair and Res8 toration’’ shall be $2,005,000. 

9 SEC. 1514. Notwithstanding section 1101, the level 

10 for ‘‘Executive Office of the President and Funds Appro11 priated to the President, National Security Council, Sala12 ries and Expenses’’ shall be $13,074,000. 

13 SEC. 1515. The amounts included under the heading 

14 ‘‘Executive Office of the President and Funds Appro15 priated to the President, Office of Administration, Sala16 ries and Expenses’’ in division C of Public Law 111-117 

17 shall be applied to funds appropriated by this division by 

18 substituting ‘‘$12,777,000’’ for ‘‘$16,768,000’’. 

19 SEC. 1516. Notwithstanding section 1101, the level 

20 for ‘‘Executive Office of the President and Funds Appro21 priated to the President, Office of Management and Budg22 et, Salaries and Expenses’’ shall be $91,934,000. 

23 SEC. 1517. Notwithstanding section 1101, the level 

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1 priated to the President, Office of National Drug Control 

2 Policy, Salaries and Expenses’’ shall be $27,138,000. 

3 SEC. 1518. Notwithstanding section 1101, the level 

4 for ‘‘Executive Office of the President and Funds Appro5 priated to the President, Office of National Drug Control 

6 Policy, Counterdrug Technology Assessment Center’’ shall 

7 be $0. 

8 SEC. 1519. Notwithstanding section 1101, the level 

9 for ‘‘Executive Office of the President and Funds Appro10 priated to the President, Office of National Drug Control 

11 Policy, Other Federal Drug Control Programs’’ shall be 

12 $140,900,000, of which $9,000,000 shall be for anti13 doping activities; of which $35,000,000 shall be for a na14 tional media campaign; and the amounts included under 

15 such heading shall be applied to funds appropriated by 

16 this division by substituting ‘‘$0’’ for ‘‘$10,000,000’’, 

17 ‘‘$1,000,000’’, ‘‘$1,250,000’’, and ‘‘$250,000’’. 

18 SEC. 1520. Notwithstanding section 1101, the level 

19 for ‘‘Executive Office of the President and Funds Appro20 priated to the President, Partnership Fund for Program 

21 Integrity Innovation’’ shall be $0. 

22 SEC. 1521. Of the unobligated balances available for 

23 ‘‘Executive Office of the President and Funds Appro24 priated to the President, Partnership Fund for Program 

25 Integrity Innovation’’, $5,000,000 are rescinded. 


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1 SEC. 1522. Notwithstanding section 1101, the level 

2 for ‘‘Executive Office of the President and Funds Appro3 priated to the President, Special Assistance to the Presi4 dent, Salaries and Expenses’’ shall be $4,558,000. 

5 SEC. 1523. Notwithstanding section 1101, the level 

6 for ‘‘Executive Office of the President and Funds Appro7 priated to the President, Official Residence of the Vice 

8 President, Operating Expenses’’ shall be $327,000. 

9 SEC. 1524. Notwithstanding section 1101, the level 

10 for ‘‘The Judiciary, Supreme Court of the United States, 

11 Care of the Building and Grounds’’ shall be $8,175,000. 

12 SEC. 1525. Notwithstanding section 1101, the level 

13 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

14 and Other Judicial Services, Salaries and Expenses’’ shall 

15 be $5,013,583,000. 

16 SEC. 1526. The amount included in the second para17 graph under the heading ‘‘The Judiciary, Courts of Ap18 peals, District Courts, and Other Judicial Services, Sala19 ries and Expenses’’ in division C of Public Law 111–117 

20 shall be applied to funds appropriated by this division by 

21 substituting ‘‘$4,785,000’’ for ‘‘$5,428,000’’. 

22 SEC. 1527. Notwithstanding section 1101, the level 

23 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

24 and Other Judicial Services, Defender Services’’ shall be 

25 $1,027,748,000. 


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1 SEC. 1528. Notwithstanding section 1101, the level 

2 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

3 and Other Judicial Services, Fees of Jurors and Commis4 sioners’’ shall be $52,410,000. 

5 SEC. 1529. Notwithstanding section 1101, the level 

6 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

7 and Other Judicial Services, Court Security’’ shall be 

8 $467,607,000. 

9 SEC. 1530. Section 203(c) of the Judicial Improve10 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

11 note) is amended— 

12 (1) in the third sentence (relating to the Dis13 trict of Kansas) by striking ‘‘19 years’’ and insert14 ing ‘‘20 years’’; and 

15 (2) in the seventh sentence (relating to the Dis16 trict of Hawaii), by striking ‘‘16 years’’ and insert17 ing ‘‘17 years’’. 

18 SEC. 1531. Notwithstanding section 1101, the level 

19 for ‘‘District of Columbia, Federal Funds, Federal Pay20 ment to the District of Columbia Courts’’ shall be 

21 $243,420,000, of which $57,760,000 shall be for capital 

22 improvements. 

23 SEC. 1532. Notwithstanding section 1101, the level 

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1 ment to the District of Columbia Water and Sewer Au2 thority’’ shall be $11,499,000. 

3 SEC. 1533. Notwithstanding section 1101, the level 

4 for ‘‘District of Columbia, Federal Funds, Federal Pay5 ment to the Criminal Justice Coordinating Council’’ shall 

6 be $1,800,000. 

7 SEC. 1534. Notwithstanding section 1101, the level 

8 for ‘‘District of Columbia, Federal Funds, Federal Pay9 ment to the Office of the Chief Financial Officer for the 

10 District of Columbia’’ shall be $0. 

11 SEC. 1535. (a) Notwithstanding section 1101, the 

12 level for ‘‘District of Columbia, Federal Funds, Federal 

13 Payment for School Improvement’’ shall be $77,700,000 

14 and shall remain available until expended, of which 

15 $42,200,000 shall be for the District of Columbia Public 

16 Schools, $20,000,000 shall be to expand quality public 

17 charter schools, and $15,500,000 shall be for opportunity 

18 scholarships, and the second reference to ‘‘$1,000,000’’ 

19 under such heading shall be applied to funds appropriated 

20 by this division by substituting ‘‘$0’’. 

21 (b) The authority and conditions provided in the Dis22 trict of Columbia Appropriations Act, 2010 (Public Law 

23 111–117; 123 Stat. 3181) under the heading described in 

24 subsection (a) shall apply with respect to the funds made 


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1 available under this division, with the following modifica2 tions: 

3 (1) The first proviso under such heading shall 

4 not apply. 

5 (2) Notwithstanding the second proviso under 

6 such heading, the funds may be made available for 

7 scholarships to students, without regard to whether 

8 any student received a scholarship in any prior 

9 school year. 

10 (3) The fourth proviso under such heading shall 

11 not apply. 

12 (4) Notwithstanding the fifth proviso under 

13 such heading, the Secretary of Education shall en14 sure that site inspections of participating schools are 

15 conducted annually. 

16 SEC. 1536. Notwithstanding section 1101, the level 

17 for ‘‘District of Columbia, Federal Funds, Federal Pay18 ment for Consolidated Laboratory Facility’’ shall be $0. 

19 SEC. 1537. Notwithstanding section 1101, the level 

20 for ‘‘District of Columbia, Federal Funds, Federal Pay21 ment for Housing for the Homeless’’ shall be 

22 $10,000,000. 

23 SEC. 1538. Notwithstanding section 1101, the level 

24 for ‘‘District of Columbia, Federal Funds, Federal Pay25 ment for Youth Services’’ shall be $0. 


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1 SEC. 1539. Notwithstanding any other provision of 

2 this division, except section 1106, the District of Columbia 

3 may expend local funds for programs and activities under 

4 the heading ‘‘District of Columbia Funds’’ for such pro5 grams and activities under title IV of S. 3677 (111th Con6 gress), as reported by the Committee on Appropriations 

7 of the Senate, at the rate set forth under ‘‘District of Co8 lumbia Funds’’ as included in the Fiscal Year 2011 Budg9 et Request Act (D.C. Act 18–448), as modified as of the 

10 date of the enactment of this division. 

11 SEC. 1540. Section 805(b) of division C of Public 

12 Law 111–117 is amended by striking ‘‘November 1, 

13 2010’’ and inserting ‘‘November 1, 2011’’. 

14 SEC. 1541. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, Administrative Conference of 

16 the United States, Salaries and Expenses’’ shall be 

17 $2,750,000. 

18 SEC. 1542. Notwithstanding section 1101, the level 

19 for ‘‘Independent Agencies, Christopher Columbus Fellow20 ship Foundation, Salaries and Expenses’’ shall be 

21 $500,000. 

22 SEC. 1543. Notwithstanding section 1101, the level 

23 for ‘‘Related Agencies and Food and Drug Administra24 tion, Independent Agencies, Commodity Futures Trading 

25 Commission’’ shall be $202,675,000, to remain available 


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1 until September 30, 2012: Provided, That the proviso 

2 under such heading in Public Law 111–80 shall not apply 

3 to funds provided by this division: Provided further, That 

4 not less than $37,200,000 shall be for the highest priority 

5 information technology activities of the Commission. 

6 SEC. 1544. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, Consumer Product Safety 

8 Commission, Salaries and Expenses’’ shall be 

9 $115,018,000, of which $1,000,000 shall remain available 

10 until September 30, 2012 for the Virginia Graeme Baker 

11 Pool and Spa Safety Act grant program. 

12 SEC. 1545. Notwithstanding section 1101, the level 

13 for ‘‘Independent Agencies, Election Assistance Commis14 sion, Salaries and Expenses’’ shall be $16,300,000, of 

15 which $3,250,000 shall be transferred to the National In16 stitute of Standards and Technology for election reform 

17 activities authorized under the Help America Vote Act of 

18 2002 (Public Law 107–252). 

19 SEC. 1546. Notwithstanding section 1101, the level 

20 for ‘‘Independent Agencies, Election Assistance Commis21 sion, Election Reform Programs’’ shall be $0. 

22 SEC. 1547. Any expenses incurred by the Election 

23 Assistance Commission using amounts appropriated under 

24 the heading ‘‘Election Assistance Commission, Election 

25 Reform Programs’’ in the Transportation, Treasury, and 


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1 Independent Agencies Appropriations Act, 2004 (Public 

2 Law 108–199; 118 Stat. 327) for any program or activity 

3 which the Commission is authorized to carry out under 

4 the Help America Vote Act of 2002 shall be considered 

5 to have been incurred for the programs and activities de6 scribed under such heading. 

7 SEC. 1548. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, Federal Deposit Insurance 

9 Corporation, Office of the Inspector General’’ shall be 

10 $42,942,000. 

11 SEC. 1549. (a) Notwithstanding section 1101, the ag12 gregate amount of new obligational authority provided 

13 under the heading ‘‘Independent Agencies, General Serv14 ices Administration, Real Property Activities, Federal 

15 Buildings Fund, Limitations on Availability of Revenue’’ 

16 for Federal buildings and courthouses and other purposes 

17 of the Fund shall be $7,597,540,000, of which: (1) 

18 $82,000,000 is for ‘‘Construction and Acquisition’’; and 

19 (2) $280,000,000 is for ‘‘Repairs and Alterations’’. 

20 (b) The General Services Administration shall submit 

21 a detailed plan, by project, regarding the use of funds to 

22 the Committees on Appropriations of the House of Rep23 resentatives and the Senate within 30 days of enactment 

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1 tees within 15 days prior to any changes regarding the 

2 use of these funds. 

3 SEC. 1550. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, General Services Administra5 tion, General Activities, Government-Wide Policy’’ shall be 

6 $66,621,000. 

7 SEC. 1551. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, General Services Administra9 tion, General Activities, Operating Expenses’’ shall be 

10 $70,022,000, and matters pertaining to the amount of 

11 $1,000,000 under such heading shall not apply to funds 

12 appropriated by this division. 

13 SEC. 1552. Notwithstanding section 1101, the level 

14 for ‘‘Independent Agencies, General Services Administra15 tion, General Activities, Electronic Government Fund’’ 

16 shall be $8,000,000. 

17 SEC. 1553. Notwithstanding section 1101, the level 

18 for ‘‘Independent Agencies, General Services Administra19 tion, General Activities, Allowances and Office Staff for 

20 Former Presidents’’ shall be $3,800,000. 

21 SEC. 1554. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, General Services Administra23 tion, General Activities, Federal Citizen Services Fund’’ 

24 shall be $34,184,000. 


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1 SEC. 1555. Of the unobligated balances available 

2 under the heading ‘‘Independent Agencies, General Serv3 ices Administration, Real Property Activities, Federal 

4 Buildings Fund, Limitations on Availability of Revenue’’, 

5 $25,000,000 are rescinded and shall be returned to the 

6 General Fund of the Treasury. 

7 SEC. 1556. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, Harry S Truman Scholarship 

9 Foundation, Salaries and Expenses’’ shall be $750,000. 

10 SEC. 1557. Notwithstanding section 1101, the level 

11 for ‘‘Independent Agencies, National Archives and 

12 Records Administration, Office of Inspector General’’ 

13 shall be $4,250,000. 

14 SEC. 1558. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, National Archives and 

16 Records Administration, Electronic Records Archives’’ 

17 shall be $72,000,000, of which $52,500,000 shall remain 

18 available until September 30, 2013. 

19 SEC. 1559. Notwithstanding section 1101, the level 

20 for ‘‘Independent Agencies, National Archives and 

21 Records Administration, Repairs and Restoration’’ shall 

22 be $11,848,000. 

23 SEC. 1560. Of the unobligated balances available 

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1 tion’’, $3,198,000 are rescinded, which shall be derived 

2 from amounts made available for a new regional archives 

3 and records facility in Anchorage, Alaska. 

4 SEC. 1561. Notwithstanding section 1101, the level 

5 for ‘‘Independent Agencies, National Archives and 

6 Records Administration, National Historical Publications 

7 and Records Commission, Grants Program’’ shall be 

8 $7,000,000. 

9 SEC. 1562. The amounts included under the heading 

10 ‘‘Independent Agencies, Office of Personnel Management, 

11 Salaries and Expenses’’ in division C of Public Law 111– 

12 117 shall be applied to funds appropriated by this division 

13 by substituting ‘‘$97,970,000’’ for ‘‘$102,970,000’’. 

14 SEC. 1563. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, Privacy and Civil Liberties 

16 Oversight Board, Salaries and Expenses’’ shall be 

17 $1,000,000. 

18 SEC. 1564. Of the unobligated balances available for 

19 ‘‘Independent Agencies, Privacy and Civil Liberties Over20 sight Board, Salaries and Expenses’’, $1,500,000 are re21 scinded. 

22 SEC. 1565. Notwithstanding section 1101, the level 

23 for ‘‘Independent Agencies, Securities and Exchange Com24 mission, Salaries and Expenses’’ shall be $1,185,000,000, 

25 and the proviso under such heading pertaining to prior 


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1 year unobligated balances shall not apply to funds appro2 priated by this division. 

3 SEC. 1566. Notwithstanding section 1101, the level 

4 provided under section 523 of division C of Public Law 

5 111–117 shall be $0. 

6 SEC. 1567. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, Small Business Administra8 tion, Surety Bond Guarantees Revolving Fund’’ shall be 

9 $0. 

10 SEC. 1568. The amounts included under the heading 

11 ‘‘Independent Agencies, Small Business Administration, 

12 Disaster Loans Program Account’’ in division C of Public 

13 Law 111–117 shall be applied to funds appropriated by 

14 this division as follows: 

15 (1) By substituting ‘‘$0’’ for ‘‘$1,690,000’’. 

16 (2) By substituting ‘‘$0’’ for ‘‘$352,357’’. 

17 (3) By substituting ‘‘$0’’ for ‘‘$1,337,643’’. 

18 (4) By substituting ‘‘$45,463,000’’ for 

19 ‘‘$76,588,200’’. 

20 (5) By substituting ‘‘$35,463,000’’ for 

21 ‘‘$65,278,200’’. 

22 (6) By substituting ‘‘$0’’ for ‘‘$1,310,000’’. 

23 SEC. 1569. Notwithstanding section 1118, the 

24 amounts included under the heading ‘‘Independent Agen25 cies, United States Postal Service, Payment to the Postal 


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1 Service Fund’’ in division C of Public Law 111–117 shall 

2 be applied to funds appropriated by this division as fol3 lows: 

4 (1) By substituting ‘‘$86,705,000’’ for 

5 ‘‘$118,328,000’’. 

6 (2) By substituting ‘‘$74,905,000’’ for 

7 ‘‘$89,328,000’’. 

8 (3) By substituting ‘‘2011’’ for ‘‘2010’’. 

9 SEC. 1570. Notwithstanding section 1101, the level 

10 for ‘‘Independent Agencies, United States Tax Court, Sal11 aries and Expenses’’ shall be $52,093,000, of which 

12 $2,852,000 shall be for security improvements. 

13 SEC. 1571. Section 617 of Public Law 111–117 is 

14 amended by striking ‘‘December 31, 2009’’ and inserting 

15 ‘‘December 31, 2010’’. 

16 SEC. 1572. Section 814 of division C of Public Law 

17 111–117 shall be applied to funds appropriated by this 

18 division by striking ‘‘Federal’’. 

19 SEC. 1573. (a) The Consumer Financial Protection 

20 Act of 2010 is amended by adding after section 1016 the 

21 following new sections: 

22 ‘‘SEC. 1016A. ANNUAL AUDITS. 

23 ‘‘(a) ANNUAL INDEPENDENT AUDIT.—The Bureau 

24 shall order an annual independent audit of the operations 

25 and budget of the Bureau. 


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1 ‘‘(b) ANNUAL GAO AUDIT.—The Comptroller Gen2 eral of the United States shall conduct an annual audit 

3 of the Bureau’s financial statements in accordance with 

4 generally accepted government accounting standards. 

5 ‘‘SEC. 1016B. GAO STUDY OF FINANCIAL REGULATIONS. 

6 ‘‘(a) STUDY.—Not later than the end of the 180-day 

7 period beginning on the date of the enactment of this Act, 

8 and annually thereafter, the Comptroller General of the 

9 United States shall conduct a study of financial services 

10 regulations, including activities of the Bureau. Such study 

11 shall include an analysis of— 

12 ‘‘(1) the impact of regulation on the financial 

13 marketplace, including the effects on the safety and 

14 soundness of regulated entities, cost and availability 

15 of credit, savings realized by consumers, reductions 

16 in consumer paperwork burden, changes in personal 

17 and small business bankruptcy filings, and costs of 

18 compliance with rules, including whether relevant 

19 Federal agencies are applying sound cost-benefit 

20 analysis in promulgating rules; 

21 ‘‘(2) efforts to avoid duplicative or conflicting 

22 rulemakings, including an evaluation of the consult23 ative process under subparagraphs (B) and (C) of 

24 section 1022(b)(2), information requests, and exami25 nations; and 


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1 ‘‘(3) other matters related to the operations of 

2 financial services regulations deemed by the Comp3 troller General to be appropriate. 

4 ‘‘(b) REPORT.—Not later than the end of the 30-day 

5 period following the completion of a study conducted pur6 suant to subsection (a), the Comptroller General shall 

7 issue a report to the Congress containing a detailed de8 scription of all findings and conclusions made by the 

9 Comptroller General in carrying out such study, together 

10 with such recommendations for legislative or administra11 tive action as the Comptroller General may determine to 

12 be appropriate.’’. 

13 (b) The table of contents for the Dodd-Frank Wall 

14 Street Reform and Consumer Protection Act is amended 

15 by inserting after the item relating to section 1016 the 

16 following new items: 

‘‘Sec. 1016A. Annual audits. 

‘‘Sec. 1016B. GAO study of financial regulations.’’. 

17 (c) The initial audits described under section 1016A 

18 of the Consumer Financial Protection Act of 2010 shall 

19 be completed not later than the end of the 180-day period 

20 beginning on the date of the enactment of this Act. 

21 SEC. 1574. The Government Accountability Office is 

22 directed to report to the Committees on Appropriations 

23 of the House of Representatives and the Senate on the 

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1 sion (CPSC) under section 6A of the Consumer Product 

2 Safety Act (15 U.S.C. 2055a) within 180 days of enact3 ment of this division. This study shall include an analysis 

4 of: 

5 (1) Whether the information submitted is re6 quired to be from first-hand knowledge. 

7 (2) Whether the information required for sub8 mission of a complaint is sufficient to enable the 

9 CPSC, where appropriate, to investigate the facts 

10 surrounding the incident and determine the material 

11 accuracy of the report. 

12 (3) Whether the information submitted to the 

13 database with respect to a product is sufficient to 

14 enable consumers, the CPSC, and manufacturers to 

15 identify such product. 

16 (4) Whether the length of time before posting 

17 complaints is a reasonable timeframe for adjudi18 cating pending claims of material inaccuracy. 

19 SEC. 1575. Notwithstanding section 1101, the limits 

20 set forth in section 702 of Public Law 111–117 shall not 

21 apply to any vehicle that is a commercial item and which 

22 operates on emerging motor vehicle technology, including 

23 but not limited to electric, plug-in hybrid electric, and hy24 drogen fuel cell vehicles. 


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1 SEC. 1576. (a) Section 1403(8) of the Virginia 

2 Graeme Baker Pool and Spa Safety Act (15 U.S.C. 

3 8002(8)) is amended by adding at the end the following: 

4 ‘‘For purposes of eligibility for the grants authorized 

5 under section 1405, such term shall also include any polit6 ical subdivision of a State.’’. 

7 (b) Section 1405(e) of the Virginia Graeme Baker 

8 Pool and Spa Safety Act (15 U.S.C. 8004 (e)) is amended 

9 by striking ‘‘2010’’ and inserting ‘‘2011’’. 

10 TITLE VI—HOMELAND SECURITY 

11 SEC. 1601. Within 24 days after the date of enact12 ment of this division, the Secretary of Homeland Security 

13 shall submit to the Committees on Appropriations of the 

14 Senate and the House of Representatives an expenditure 

15 plan for fiscal year 2011 that displays the level of funding 

16 by program, project, and activity consistent with the table 

17 of detailed funding recommendations contained at the end 

18 of the joint explanatory statement accompanying the De19 partment of Homeland Security Appropriations Act, 2010 

20 (Public Law 111-83) and the classified annex accom21 panying this division: Provided, That all plans for expendi22 ture required in Public Law 111-83 shall be updated for 

23 fiscal year 2011 budget authority and submitted to the 

24 Committees on Appropriations of the Senate and House 

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1 ment of this division, notwithstanding the specified with2 holding of funds and associated approval requirements. 

3 SEC. 1602. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, Office of the Sec5 retary and Executive Management’’ shall be 

6 $136,818,000. 

7 SEC. 1603. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Office of the 

9 Under Secretary for Management’’ shall be $239,933,000. 

10 SEC. 1604. Notwithstanding section 1101, for an ad11 ditional amount under the heading ‘‘Department of Home12 land Security, Office of the Under Secretary for Manage13 ment’’, $77,400,000, to plan, acquire, construct, renovate, 

14 remediate, equip, furnish, and occupy buildings and facili15 ties for the consolidation of the Department of Homeland 

16 Security headquarters. 

17 SEC. 1605. Notwithstanding section 1101, the level 

18 for ‘‘Department of Homeland Security, Office of the 

19 Chief Financial Officer’’ shall be $53,430,000, of which 

20 $4,000,000 shall remain available until September 30, 

21 2014, for financial systems consolidation efforts. 

22 SEC. 1606. Notwithstanding section 1101, the level 

23 for ‘‘Department of Homeland Security, Office of the 

24 Chief Information Officer’’ shall be $333,393,000. 


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1 SEC. 1607. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Office of the Fed3 eral Coordinator for Gulf Coast Rebuilding’’ shall be $0. 

4 SEC. 1608. Notwithstanding section 1101, the level 

5 for ‘‘Department of Homeland Security, U.S. Customs 

6 and Border Protection, Salaries and Expenses’’ shall be 

7 $8,212,626,000: Provided, That for fiscal year 2011, the 

8 Border Patrol shall achieve an active duty presence of not 

9 less than 21,370 agents protecting the border of the 

10 United States by September 30, 2011. 

11 SEC. 1609. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, U.S. Customs 

13 and Border Protection, Automation Modernization’’ shall 

14 be $336,575,000, of which $148,090,000 shall be for the 

15 Automated Commercial Environment. 

16 SEC. 1610. (a) Notwithstanding section 1101, the 

17 level for ‘‘Department of Homeland Security, U.S. Cus18 toms and Border Protection, Border Security Fencing, In19 frastructure, and Technology’’ shall be $574,173,000. 

20 (b) Paragraph (11) of the first proviso and the third 

21 and fourth provisos under the heading ‘‘Border Security 

22 Fencing, Infrastructure, and Technology’’ of Public Law 

23 111-83 shall not apply to funds appropriated by this divi24 sion. 


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1 SEC. 1611. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, U.S. Customs 

3 and Border Protection, Air and Marine Interdiction, Oper4 ations, Maintenance, and Procurement’’ shall be 

5 $516,326,000. 

6 SEC. 1612. Notwithstanding section 1101, the level 

7 for ‘‘Department of Homeland Security, U.S. Customs 

8 and Border Protection, Construction and Facilities Man9 agement’’ shall be $260,000,000. 

10 SEC. 1613. Notwithstanding section 1101, the level 

11 for ‘‘Department of Homeland Security, U.S. Immigration 

12 and Customs Enforcement, Salaries and Expenses’’ shall 

13 be $5,437,643,000: Provided, That U.S. Immigration and 

14 Customs Enforcement shall maintain a level of not fewer 

15 than 33,400 detention beds throughout fiscal year 2011. 

16 SEC. 1614. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, U.S. Immigration 

18 and Customs Enforcement, Automation Modernization’’ 

19 shall be $74,000,000. 

20 SEC. 1615. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, U.S. Immigration 

22 and Customs Enforcement, Construction’’ shall be $0. 

23 SEC. 1616. Notwithstanding section 1101, the level 

24 for ‘‘Department of Homeland Security, Transportation 

25 Security Administration, Aviation Security’’ shall be 


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1 $5,219,546,000: Provided, That the amounts included 

2 under such heading in Public Law 111–83 shall be applied 

3 to funds appropriated by this division as follows: by sub4 stituting ‘‘$5,219,546,000’’ for ‘‘$5,214,040,000’’; by 

5 substituting ‘‘$4,307,793,000’’ for ‘‘$4,358,076,000’’; by 

6 substituting ‘‘$629,297,000’’ for ‘‘$1,116,406,000’’; by 

7 substituting ‘‘$911,753,000’’ for ‘‘$855,964,000’’; by sub8 stituting ‘‘$291,191,000’’ for ‘‘$778,300,000’’; by sub9 stituting ‘‘9 percent’’ for ‘‘28 percent’’; and by sub10 stituting ‘‘$3,119,546,000’’ for ‘‘$3,114,040,000’’: Pro11 vided further, That none of the funds in this division may 

12 be used for any recruiting or hiring of personnel into the 

13 Transportation Security Administration that would cause 

14 the agency to exceed a staffing level of 46,000 full-time 

15 equivalent screeners: Provided further, That the preceding 

16 proviso shall not apply to personnel hired as part-time em17 ployees: Provided further, That not later than August 15, 

18 2011, the Secretary of Homeland Security shall submit 

19 to the Committees on Appropriations of the Senate and 

20 House of Representatives a detailed report on: (1) the De21 partment’s efforts and the resources being devoted to de22 velop more advanced integrated passenger screening tech23 nologies for the most effective security of passengers and 

24 baggage at the lowest possible operating and acquisition 

25 costs; (2) how the Transportation Security Administration 


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1 is deploying its existing screener workforce in the most 

2 cost effective manner; and (3) labor savings from the de3 ployment of improved technologies for passengers and 

4 baggage screening and how those savings are being used 

5 to offset security costs or reinvested to address security 

6 vulnerabilities. 

7 SEC. 1617. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Transportation 

9 Security Administration, Surface Transportation Secu10 rity’’ shall be $105,961,000. 

11 SEC. 1618. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, Transportation 

13 Security Administration, Transportation Threat Assess14 ment and Credentialing’’ shall be $162,999,000. 

15 SEC. 1619. Notwithstanding section 1101, the level 

16 for ‘‘Department of Homeland Security, Transportation 

17 Security Administration, Transportation Security Sup18 port’’ shall be $988,638,000. 

19 SEC. 1620. Notwithstanding section 1101, the level 

20 for ‘‘Department of Homeland Security, Transportation 

21 Security Administration, Federal Air Marshals’’ shall be 

22 $929,802,000. 

23 SEC. 1621. Notwithstanding section 1101, the level 

24 for ‘‘Department of Homeland Security, Coast Guard, Op25 erating Expenses’’ shall be $6,907,338,000, of which 


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1 $254,000,000 is designated as being for contingency oper2 ations directly related to the global war on terrorism pur3 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

4 and as an emergency requirement pursuant to section 

5 403(a) of S. Con. Res. 13 (111th Congress), the concur6 rent resolution on the budget for fiscal year 2010: Pro7 vided, That the Coast Guard may decommission one Me8 dium Endurance Cutter, two High Endurance Cutters, 

9 four HU-25 aircraft, and one Maritime Safety and Secu10 rity Team, and may make necessary staffing adjustments 

11 at the Coast Guard Investigative Service and other sup12 port units, as specified in the budget justification mate13 rials for fiscal year 2011 as submitted to the Committees 

14 on Appropriations of the Senate and House of Representa15 tives. 

16 SEC. 1622. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Coast Guard, Ac18 quisition, Construction, and Improvements’’ shall be 

19 $1,519,783,000, of which $42,000,000 shall be for vessels, 

20 small boats, critical infrastructure, and related equipment; 

21 of which $36,000,000 shall be for other equipment; of 

22 which $69,200,000 shall be for shore, military housing, 

23 and aids to navigation facilities, including waterfront fa24 cilities at Navy installations used by the Coast Guard, of 

25 which $2,000,000 may be derived from the Coast Guard 


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1 Housing Fund established pursuant to 14 U.S.C. 687; of 

2 which $106,083,000 shall be available for personnel com3 pensation and benefits and related costs; and of which 

4 $1,266,500,000 shall be for the Integrated Deepwater 

5 Systems program: Provided, That of the funds made avail6 able for the Integrated Deepwater Systems program, 

7 $101,000,000 is for aircraft and $1,010,000,000 is for 

8 surface ships: Provided further, That of the funds provided 

9 for surface ships, $692,000,000 is available for the pro10 curement of the fifth National Security Cutter, including 

11 procurement of the production of such cutter and produc12 tion-related activities and post-delivery activities associ13 ated with such cutter. 

14 SEC. 1623. Notwithstanding section 1101, the level 

15 for ‘‘Department of Homeland Security, Coast Guard, Al16 teration of Bridges’’ shall be $0. 

17 SEC. 1624. Notwithstanding section 1101, the level 

18 for ‘‘Department of Homeland Security, Coast Guard, Re19 search, Development, Test, and Evaluation’’ shall be 

20 $24,745,000, of which $4,000,000 shall be for research, 

21 development, test, and evaluation of technologies to pre22 vent and respond to oil and hazardous substance spills. 

23 SEC. 1625. Notwithstanding section 1101, the level 

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1 cret Service, Salaries and Expenses’’ shall be 

2 $1,514,361,000. 

3 SEC. 1626. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, National Protec5 tion and Programs Directorate, Management and Admin6 istration’’ shall be $43,577,000. 

7 SEC. 1627. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, National Protec9 tion and Programs Directorate, Infrastructure Protection 

10 and Information Security’’ shall be $840,444,000. 

11 SEC. 1628. Notwithstanding section 1101, under the 

12 heading ‘‘Department of Homeland Security, National 

13 Protection and Programs Directorate, Federal Protective 

14 Service’’, the revenues and collections of security fees cred15 ited to this account shall be available until expended for 

16 necessary expenses related to the protection of federally17 owned and leased buildings and for the operations of the 

18 Federal Protective Service: Provided, That, no later than 

19 September 30, 2011, the Federal Protective Service shall 

20 maintain not fewer than 1,250 full-time staff and 935 full21 time Police Officers, Inspectors, Area Commanders, and 

22 Special Agents who, while working, are directly engaged 

23 on a daily basis protecting and enforcing laws at Federal 

24 buildings (referred to as ‘‘in-service field staff’’). 


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1 SEC. 1629. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, National Protec3 tion and Programs Directorate, United States Visitor and 

4 Immigrant Status Indicator Technology’’ shall be 

5 $334,613,000. 

6 SEC. 1630. Notwithstanding section 1101, the level 

7 for ‘‘Department of Homeland Security, Office of Health 

8 Affairs’’ shall be $139,734,000, of which $27,053,000 is 

9 for salaries and expenses. 

10 SEC. 1631. Notwithstanding section 1101, the level 

11 for ‘‘Department of Homeland Security, Federal Emer12 gency Management Agency, Management and Administra13 tion’’ shall be $788,400,000, of which $35,250,000 shall 

14 be for the Urban Search and Rescue Response System: 

15 Provided, That the directed obligations under such head16 ing for capital improvements at the Mount Weather Emer17 gency Operations Center in Public Law 111–83 shall have 

18 no force or effect to funds appropriated by this division. 

19 SEC. 1632. Notwithstanding section 1101, the level 

20 for ‘‘Department of Homeland Security, Federal Emer21 gency Management Agency, State and Local Programs’’ 

22 shall be $2,229,500,000: Provided, That of the amount 

23 provided by this division for the State Homeland Security 

24 Grant Program under such heading, $55,000,000 shall be 

25 for Operation Stonegarden; $45,000,000 shall be for the 


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1 Driver’s License Security Grant Program; $10,000,000 

2 shall be for the Citizen Corps Program; and $35,000,000 

3 shall be for the Metropolitan Medical Response System: 

4 Provided further, That the amounts provided by this divi5 sion for the Citizen Corps Program under such heading 

6 shall not be subject to the requirements of subtitle A of 

7 title XX of the Homeland Security Act of 2002 (6 U.S.C. 

8 603 et seq.): Provided further, That of the amount pro9 vided by this division for Public Transportation Security 

10 Assistance and Railroad Security Assistance under such 

11 heading, no less than $20,000,000 shall be for Amtrak 

12 security and no less than $5,000,000 shall be for Over13 the-Road Bus Security: Provided further, That the 

14 amounts included under such heading in Public Law 111- 

15 83 shall be applied to funds appropriated by this division 

16 as follows: in paragraph (1), by substituting 

17 ‘‘$725,000,000’’ for ‘‘$950,000,000’’; in paragraph (2), 

18 by substituting ‘‘$725,000,000’’ for ‘‘$887,000,000’’; in 

19 paragraph (3), by substituting ‘‘$15,000,000’’ for 

20 ‘‘$35,000,000’’; in paragraph (4), by substituting ‘‘$0’’ 

21 for ‘‘$41,000,000’’; in paragraph (5), by substituting 

22 ‘‘$0’’ for ‘‘$13,000,000’’; in paragraph (6), by sub23 stituting ‘‘$250,000,000’’ for ‘‘$300,000,000’’; in para24 graph (7), by substituting ‘‘$250,000,000’’ for 

25 ‘‘$300,000,000’’; in paragraph (8), by substituting ‘‘$0’’ 


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1 for ‘‘$12,000,000’’; in paragraph (9), by substituting 

2 ‘‘$0’’ for ‘‘$50,000,000’’; in paragraph (10), by sub3 stituting ‘‘$0’’ for ‘‘$50,000,000’’; in paragraph (11), by 

4 substituting ‘‘$0’’ for ‘‘$50,000,000’’; in paragraph (12), 

5 by substituting ‘‘$15,000,000’’ for ‘‘$60,000,000’’ and by 

6 substituting ‘‘$0’’ for each following amount in such para7 graph; in paragraph (13), by substituting ‘‘$249,500,000’’ 

8 for ‘‘$267,200,000’’, of which $155,500,000 shall be for 

9 training of State, local, and tribal emergency response 

10 providers: Provided further, That the directed obligations 

11 provisions in paragraphs 13(A), 13(B), and 13(C) under 

12 such heading in Public Law 111-83 shall have no force 

13 or effect to funds appropriated in this division: Provided 

14 further, That 5.8 percent of the amount provided for ‘‘De15 partment of Homeland Security, Federal Emergency Man16 agement Agency, State and Local Programs’’ by this divi17 sion shall be transferred to ‘‘Department of Homeland Se18 curity, Federal Emergency Management Agency, Manage19 ment and Administration’’ for program administration. 

20 SEC. 1633. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Federal Emer22 gency Management Agency, Firefighter Assistance 

23 Grants’’ for programs authorized by the Federal Fire Pre24 vention and Control Act of 1974 (15 U.S.C. 2201 et seq.) 

25 shall be $810,000,000, of which $405,000,000 shall be 


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1 available to carry out section 33 of that Act (15 U.S.C. 

2 2229) and $405,000,000 shall be available to carry out 

3 section 34 of that Act (15 U.S.C. 2229a): Provided, That 

4 the proviso included under ‘‘Federal Emergency Manage5 ment Agency, Firefighter Assistance Grants’’ in the De6 partment of Homeland Security Appropriations Act, 2010 

7 (Public Law 111-83) shall have no force or effect: Pro8 vided further, That 5.8 percent of the amount available 

9 under this heading shall be transferred to ‘‘Department 

10 of Homeland Security, Federal Emergency Management 

11 Agency, Management and Administration’’ for program 

12 administration: Provided further, That none of the funds 

13 made available in this division may be used to enforce the 

14 requirements in— 

15 (1) section 34(a)(1)(A) of the Federal Fire Pre16 vention and Control Act of 1974 (15 U.S.C. 

17 2229a(a)(1)(A)); 

18 (2) section 34(a)(1)(E) of such Act; and 

19 (3) section 34(c)(1) of such Act. 

20 SEC. 1634. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Federal Emer22 gency Management Agency, Disaster Relief’’ shall be 

23 $2,650,000,000: Provided, That the Administrator of the 

24 Federal Emergency Management Agency shall submit 

25 quarterly reports to the Committees on Appropriations of 


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1 the Senate and the House of Representatives providing es2 timates of funding requirements for ‘‘Disaster Relief’’ for 

3 the current fiscal year and the succeeding three fiscal 

4 years: Provided further, That the report shall provide (a) 

5 an estimate, by quarter, for the costs of all previously des6 ignated disasters; (b) an estimate, by quarter, for the cost 

7 of future disasters based on a five year average, excluding 

8 catastrophic disasters; and (c) an estimate of the date on 

9 which the ‘‘Disaster Relief’’ balance will reach 

10 $800,000,000. 

11 SEC. 1635. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, Federal Emer13 gency Management Agency, Flood Map Modernization 

14 Fund’’ shall be $182,000,000. 

15 SEC. 1636. Notwithstanding section 1101, in fiscal 

16 year 2011, funds shall not be available from the National 

17 Flood Insurance Fund under section 1310 of the National 

18 Flood Insurance Act of 1968 (42 U.S.C. 4017) for oper19 ating expenses in excess of $110,000,000, and for agents’ 

20 commissions and taxes in excess of $963,339,000: Pro21 vided, That notwithstanding section 1101, for activities 

22 under the National Flood Insurance Act of 1968 (42 

23 U.S.C. 4001 et seq.) and the Flood Disaster Protection 

24 Act of 1973 (42 U.S.C. 4001 et seq.), the level shall be 

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1 lections assessed and collected under 1308(d) of the Na2 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 

3 of which not to exceed $22,145,000 shall be available for 

4 salaries and expenses associated with flood mitigation and 

5 flood insurance operations; and not less than 

6 $146,855,000 shall be available for floodplain manage7 ment and flood mapping, which shall remain available 

8 until September 30, 2012. 

9 SEC. 1637. Notwithstanding section 1101, the level 

10 for ‘‘Department of Homeland Security, Federal Emer11 gency Management Agency, National Predisaster Mitiga12 tion Fund’’ shall be $50,000,000: Provided, That the di13 rected obligations under such heading in Public Law 111– 

14 83 shall have no force or effect to funds appropriated in 

15 this division. 

16 SEC. 1638. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Federal Emer18 gency Management Agency, Emergency Food and Shel19 ter’’ shall be $120,000,000. 

20 SEC. 1639. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, United States 

22 Citizenship and Immigration Services’’ shall be 

23 $146,593,000, of which $25,000,000 is for processing ap24 plications for asylum and refugee status, and of which 

25 $103,400,000 shall be for the E-Verify Program. 


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1 SEC. 1640. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Federal Law En3 forcement Training Center, Salaries and Expenses’’ shall 

4 be $235,919,000. 

5 SEC. 1641. Notwithstanding section 1101, the level 

6 for ‘‘Department of Homeland Security, Federal Law En7 forcement Training Center, Acquisitions, Construction, 

8 Improvements, and Related Expenses’’ shall be 

9 $35,456,000. 

10 SEC. 1642. Notwithstanding section 1101, the level 

11 for ‘‘Department of Homeland Security, Science and 

12 Technology, Management and Administration’’ shall be 

13 $141,200,000. 

14 SEC. 1643. Notwithstanding section 1101, the level 

15 for ‘‘Department of Homeland Security, Science and 

16 Technology, Research, Development, Acquisition, and Op17 erations’’ shall be $688,036,000, of which $40,000,000 

18 shall remain available until September 30, 2013, for con19 struction of the National Bio- and Agro-defense Facility 

20 central utility plant: Provided, That the final proviso in21 cluded under the heading ‘‘Department of Homeland Se22 curity, Science and Technology, Research, Development, 

23 Acquisition, and Operations’’ in the Department of Home24 land Security Appropriations Act, 2010 (Public Law 111– 

25 83) shall have no force or effect: Provided further, That 


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1 funding for university programs shall not be reduced by 

2 more than twenty percent from the fiscal year 2010 en3 acted level. 

4 SEC. 1644. Notwithstanding section 1101, the level 

5 for ‘‘Department of Homeland Security, Domestic Nuclear 

6 Detection Office, Management and Administration’’ shall 

7 be $36,992,000. 

8 SEC. 1645. Notwithstanding section 1101, the level 

9 for ‘‘Department of Homeland Security, Domestic Nuclear 

10 Detection Office, Research, Development, and Oper11 ations’’ shall be $275,437,000. 

12 SEC. 1646. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, Domestic Nuclear 

14 Detection Office, Systems Acquisition’’ shall be 

15 $30,000,000. 

16 SEC. 1647. (a) Section 560 of Public Law 111–83 

17 shall not apply to funds appropriated by this division. 

18 (b) No funding provided in this division shall be used 

19 for construction of the National Bio- and Agro-defense 

20 Facility until the Department of Homeland Security has, 

21 pursuant to the schedule submitted by the Department of 

22 Homeland Security on March 31, 2011, to the Committees 

23 on Appropriations of the Senate and House of Representa24 tives— 


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1 (1) completed 50 percent of design planning for 

2 the National Bio- and Agro-defense Facility, and 

3 (2) submitted to the Committees on Appropria4 tions of the Senate and the House of Representa5 tives a revised site-specific biosafety and biosecurity 

6 mitigation risk assessment that describes how to sig7 nificantly reduce risks of conducting essential re8 search and diagnostic testing at the National Bio9 and Agro-defense Facility and addresses short10 comings identified in the National Academy of 

11 Sciences’ evaluation of the initial site-specific bio12 safety and biosecurity mitigation risk assessment. 

13 (c) The revised site-specific biosafety and biosecurity 

14 mitigation risk assessment required by subsection (b) 

15 shall— 

16 (1) include a quantitative risk assessment for 

17 foot-and-mouth disease virus, in particular epidemio18 logical and economic impact modeling to determine 

19 the overall risk of operating the facility for its ex20 pected 50-year life span, taking into account strate21 gies to mitigate risk of foot-and-mouth disease virus 

22 release from the laboratory and ensure safe oper23 ations at the approved National Bio- and Agro-de24 fense Facility site; 


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1 (2) address the impact of surveillance, response, 

2 and mitigation plans (developed in consultation with 

3 local, State, and Federal authorities and appropriate 

4 stakeholders) if a release occurs, to detect and con5 trol the spread of disease; and 

6 (3) include overall risks of the most dangerous 

7 pathogens the Department of Homeland Security ex8 pects to hold in the National Bio- and Agro-defense 

9 Facility’s biosafety level 4 facility, and effectiveness 

10 of mitigation strategies to reduce those risks. 

11 (d) The Department of Homeland Security shall 

12 enter into a contract with the National Academy of 

13 Sciences to evaluate the adequacy and validity of the risk 

14 assessment required by subsection (b). The National 

15 Academy of Sciences shall submit a report on such evalua16 tion within four months after the date the Department 

17 of Homeland Security concludes its risk assessment. 

18 SEC. 1648. Section 503 of the Department of Home19 land Security Appropriations Act, 2010 (Public Law 111- 

20 83) is amended by adding at the end the following: 

21 ‘‘(e) The notification thresholds and procedures set 

22 forth in this section shall apply to any use of deobligated 

23 balances of funds provided in previous Department of 

24 Homeland Security Appropriations Acts.’’. 


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1 SEC. 1649. For fiscal year 2011, sections 529, 541, 

2 and 545 of the Department of Homeland Security Appro3 priations Act, 2010 (Public Law 111-83; 123 Stat. 2174, 

4 2176) shall have no force or effect. 

5 SEC. 1650. Section 550(b) of the Department of 

6 Homeland Security Appropriations Act, 2007 (Public Law 

7 109-295; 6 U.S.C. 121 note) is amended by striking ‘‘on 

8 October 4, 2010’’ and inserting ‘‘on October 4, 2011’’. 

9 SEC. 1651. Section 831 of the Homeland Security 

10 Act of 2002 (6 U.S.C. 391) is amended— 

11 (1) in subsection (a), by striking ‘‘Until Sep12 tember 30, 2010’’ and inserting ‘‘Until September 

13 30, 2011’’; and 

14 (2) in subsection (d)(1), by striking ‘‘September 

15 30, 2010’’ and inserting ‘‘September 30, 2011’’. 

16 SEC. 1652. Section 532(a) of Public Law 109-295 

17 (120 Stat. 1384) is amended by striking ‘‘2010’’ and in18 serting ‘‘2011’’. 

19 SEC. 1653. For an additional amount for necessary 

20 expenses for reimbursement of the actual costs to State 

21 and local governments for providing emergency manage22 ment, public safety, and security at events, as determined 

23 by the Administrator of the Federal Emergency Manage24 ment Agency, related to the presence of a National Special 


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1 Security Event, $7,500,000, to remain available until Sep2 tember 30, 2012. 

3 SEC. 1654. Notwithstanding the 10 percent limita4 tion contained in section 503(c) of the Department of 

5 Homeland Security Appropriations Act, 2010 (Public Law 

6 111-83), the Secretary of Homeland Security may transfer 

7 to the fund established by 8 U.S.C. 1101 note, up to 

8 $20,000,000 from appropriations available to the Depart9 ment of Homeland Security: Provided, That the Secretary 

10 shall notify the Committees on Appropriations of the Sen11 ate and House of Representatives 5 days in advance of 

12 such transfer. 

13 SEC. 1655. Of the funds transferred to the Depart14 ment of Homeland Security when it was created in 2003, 

15 the following funds are hereby rescinded from the fol16 lowing accounts and programs in the specified amounts: 

17 (1) $1,692,000 from ‘‘Operations’’; 

18 (2) $4,871,492 from ‘‘Violent Crime Reduction 

19 Program’’; 

20 (3) $17,195,677 from ‘‘U.S. Customs and Bor21 der Protection, Salaries and Expenses’’; and 

22 (4) $10,568,934 from ‘‘Office for Domestic 

23 Preparedness’’. 

24 SEC. 1656. The following unobligated balances made 

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1 ant to section 505 of Department of Homeland Security 

2 Appropriations Act, 2010 (Public Law 111-83; 123 Stat. 

3 2174) are rescinded: 

4 (1) $1,437,015 from ‘‘Office of the Secretary 

5 and Executive Management’’; 

6 (2) $821,104 from ‘‘Office of the Under Sec7 retary for Management’’; 

8 (3) $242,720 from ‘‘Office of the Chief Finan9 cial Officer’’; 

10 (4) $23,143 from ‘‘Office of the Chief Informa11 tion Officer’’; 

12 (5) $440,847 from ‘‘Analysis and Operations’’; 

13 (6) $76,498 from ‘‘Office of the Federal Coor14 dinator for Gulf Coast Rebuilding’’; 

15 (7) $223,301 from ‘‘Office of Inspector Gen16 eral’’; 

17 (8) $12,503,273 from ‘‘U.S. Customs and Bor18 der Protection, Salaries and Expenses’’; 

19 (9) $18,214,469 from ‘‘U.S. Immigration and 

20 Customs Enforcement, Salaries and Expenses’’; 

21 (10) $2,429,978 from ‘‘Transportation Security 

22 Administration, Federal Air Marshals’’; 

23 (11) $13,508,196 from ‘‘Coast Guard, Oper24 ating Expenses’’; 


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1 (12) $3,411,505 from ‘‘Coast Guard, Reserve 

2 Training’’; 

3 (13) $150,499 from ‘‘National Protection and 

4 Programs Directorate, Management and Administra5 tion’’; 

6 (14) $861,290 from ‘‘National Protection and 

7 Programs Directorate, Infrastructure Protection and 

8 Information Security’’; 

9 (15) $602,956 from ‘‘United States Secret 

10 Service, Salaries and Expenses’’; 

11 (16) $814,153 from ‘‘Federal Emergency Man12 agement Agency, Management and Administration’’; 

13 (17) $831,400 from ‘‘Office of Health Affairs’’; 

14 (18) $7,945,983 from ‘‘United States Citizen15 ship and Immigration Services’’; 

16 (19) $1,010,795 from ‘‘Federal Law Enforce17 ment Training Center, Salaries and Expenses’’; 

18 (20) $425,465 from ‘‘Science and Technology, 

19 Management and Administration’’; and 

20 (21) $42,257 from ‘‘Domestic Nuclear Detec21 tion Office, Management and Administration’’. 

22 SEC. 1657. Of the funds appropriated to the Depart23 ment of Homeland Security, the following unobligated bal24 ances are hereby rescinded from the following accounts 

25 and programs in the specified amounts: 


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1 (1) $10,000,000 from ‘‘U.S. Customs and Bor2 der Protection, Automation Modernization’’; 

3 (2) $129,000,000 from ‘‘U.S. Customs and 

4 Border Protection, Border Security Fencing, Infra5 structure, and Technology’’; 

6 (3) $19,603,000 from ‘‘Federal Emergency 

7 Management Agency, National Predisaster Mitiga8 tion Fund’’; 

9 (4) $60,600,000 from ‘‘Science and Technology, 

10 Research, Development, Acquisition, and Oper11 ations’’; 

12 (5) $10,886,000 from ‘‘Domestic Nuclear De13 tection Office, Research, Development, and Oper14 ations’’; and 

15 (6) $10,122,000 from ‘‘Coast Guard, Acquisi16 tion, Construction, and Improvements’’. 

17 SEC. 1658. Of the unobligated balances made avail18 able under section 44945 of title 49, United States Code, 

19 $800,000 is rescinded. 

20 SEC. 1659. Of the unobligated balances available for 

21 ‘‘Department of Homeland Security, Transportation Secu22 rity Administration’’, $15,000,000 is rescinded: Provided, 

23 that the Transportation Security Administration shall not 

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1 grams: explosives detection systems, checkpoint support, 

2 aviation regulation and other enforcement, and air cargo. 

3 SEC. 1660. Of the unobligated balances available for 

4 ‘‘Department of Homeland Security, National Protection 

5 and Programs Directorate, Infrastructure Protection and 

6 Information Security’’, the following amounts are re7 scinded— 

8 (1) $6,000,000 from Next Generation Net9 works; and 

10 (2) $9,600,000 to be specified in a report sub11 mitted to the Committees on Appropriations of the 

12 Senate and the House of Representatives no later 

13 than 15 days after the date of enactment of this di14 vision, which describes the amounts rescinded and 

15 the original purpose of such funds. 

16 SEC. 1661. From the unobligated balances of funds 

17 made available in the Department of the Treasury For18 feiture Fund established by section 9703 of title 31, 

19 United States Code, which was added to such title by sec20 tion 638 of Public Law 102–393, $22,600,000 is re21 scinded. 

22 SEC. 1662. From the unobligated balances of prior 

23 year appropriations made available for ‘‘Department of 

24 Homeland Security, National Protection and Programs 


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1 Directorate, United States Visitor and Immigrant Indi2 cator Technology’’, $32,795,000 is rescinded. 

3 SEC. 1663. From the unobligated balances of prior 

4 year appropriations made available for ‘‘Department of 

5 Homeland Security, United States Citizenship and Immi6 gration Services’’, $13,000,000 is rescinded: Provided, 

7 That United States Citizenship and Immigration Services 

8 shall not rescind any unobligated balances from the fol9 lowing programs and activities: E-Verify, data center mi10 gration, and processing applications for asylum and ref11 ugee status. 

12 SEC. 1664. Of the unobligated balances available for 

13 ‘‘Department of Homeland Security, U.S. Immigration 

14 and Customs Enforcement, Construction’’, $10,000,000 is 

15 rescinded. 

16 TITLE VII—INTERIOR, ENVIRONMENT, AND 

17 RELATED AGENCIES 

18 SEC. 1701. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, Bureau of Land Manage20 ment, Management of Lands and Resources’’ shall be 

21 $963,706,000: Provided, That the amounts included under 

22 such heading in division A of Public Law 111–88 shall 

23 be applied to funds appropriated by this division by sub24 stituting ‘‘$963,706,000’’ for ‘‘$959,571,000’’ the second 

25 place it appears. 


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1 SEC. 1702. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Bureau of Land Manage3 ment, Construction’’ shall be $4,626,000. 

4 SEC. 1703. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Interior, Bureau of Land Manage6 ment, Land Acquisition’’ shall be $22,000,000: Provided, 

7 That the proviso under such heading in division A of Pub8 lic Law 111–88 shall not apply to funds appropriated by 

9 this division. 

10 SEC. 1704. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Interior, United States Fish and 

12 Wildlife Service, Resource Management’’ shall be 

13 $1,247,356,000. 

14 SEC. 1705. Notwithstanding section 1101, the level 

15 for ‘‘Department of the Interior, United States Fish and 

16 Wildlife Service, Construction’’ shall be $20,846,000. 

17 SEC. 1706. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, United States Fish and 

19 Wildlife Service, Land Acquisition’’ shall be $55,000,000. 

20 SEC. 1707. Of the unobligated amounts available for 

21 ‘‘Department of the Interior, United States Fish and 

22 Wildlife Service, Landowner Incentive Program’’ from 

23 prior year appropriations, all remaining amounts are re24 scinded. 


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1 SEC. 1708. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, United States Fish and 

3 Wildlife Service, Cooperative Endangered Species Con4 servation Fund’’ shall be $60,000,000: Provided, That 

5 amounts included under such heading in division A of 

6 Public Law 111–88 shall be applied to funds appropriated 

7 by this division as follows: by substituting ‘‘$4,987,297’’ 

8 for ‘‘$5,145,706’’; and by substituting ‘‘$31,000,000’’ for 

9 ‘‘$56,000,000’’. 

10 SEC. 1709. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Interior, United States Fish and 

12 Wildlife Service, North American Wetlands Conservation 

13 Fund’’ shall be $37,500,000. 

14 SEC. 1710. Notwithstanding section 1101, the level 

15 for ‘‘Department of the Interior, United States Fish and 

16 Wildlife Service, Neotropical Migratory Bird Conserva17 tion’’ shall be $4,000,000. 

18 SEC. 1711. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, United States Fish and 

20 Wildlife Service, Multinational Species Conservation 

21 Fund’’ shall be $10,000,000. 

22 SEC. 1712. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, United States Fish and 

24 Wildlife Service, State and Tribal Wildlife Grants’’ shall 

25 be $62,000,000. 


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1 SEC. 1713. Before the end of the 60-day period be2 ginning on the date of enactment of this Act, the Secretary 

3 of the Interior shall reissue the final rule published on 

4 April 2, 2009 (74 Fed. Reg. 15123 et seq.) without regard 

5 to any other provision of statute or regulation that applies 

6 to issuance of such rule. Such reissuance (including this 

7 section) shall not be subject to judicial review and shall 

8 not abrogate or otherwise have any effect on the order and 

9 judgment issued by the United States District Court for 

10 the District of Wyoming in Case Numbers 09–CV–118J 

11 and 09–CV–138J on November 18, 2010. 

12 SEC. 1714. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, National Park Service, 

14 Operation of the National Park System’’ shall be 

15 $2,254,559,000. 

16 SEC. 1715. Notwithstanding section 1101, the level 

17 for ‘‘Department of the Interior, National Park Service, 

18 Park Partnership Project Grants’’ shall be $0 and the 

19 matters pertaining to such account in division A of Public 

20 Law 111–88 shall not apply to funds appropriated by this 

21 division. 

22 SEC. 1716. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, National Park Service, 

24 National Recreation and Preservation’’ shall be 


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1 $57,986,000, of which $0 shall be for projects authorized 

2 by section 7302 of Public Law 111–11. 

3 SEC. 1717. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, National Park Service, 

5 Historic Preservation Fund’’ shall be $54,500,000: Pro6 vided, That the amounts included under such heading in 

7 division A of Public Law 111–88 shall be applied to funds 

8 appropriated by this division by substituting ‘‘$0’’ for 

9 ‘‘$25,000,000’’: Provided further, That the proviso under 

10 such heading in division A of Public Law 111–88 shall 

11 not apply to funds appropriated by this division. 

12 SEC. 1718. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, National Park Service, 

14 Construction’’ shall be $210,066,000: Provided, That the 

15 last proviso under such heading in division A of Public 

16 Law 111–88 shall not apply to funds appropriated by this 

17 division. 

18 SEC. 1719. The contract authority provided for fiscal 

19 year 2011 by 16 U.S.C. 460l-10a is rescinded. 

20 SEC. 1720. Notwithstanding section 1101, the level 

21 for ‘‘Department of the Interior, National Park Service, 

22 Land Acquisition and State Assistance’’ shall be 

23 $95,000,000: Provided, That section 113 of division A of 

24 Public Law 111–88 shall not apply to funds appropriated 

25 by this division. 


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1 SEC. 1721. Of the unobligated amounts available for 

2 ‘‘Department of the Interior, National Park Service, 

3 Urban Park and Recreation Fund,’’ $625,000 is re4 scinded. 

5 SEC. 1722. Notwithstanding section 1101, the level 

6 for ‘‘Department of the Interior, United States Geological 

7 Survey, Surveys, Investigations, and Research’’ shall be 

8 $1,085,844,000: Provided, That none of the matter after 

9 ‘‘September 30, 2011’’ and before the first proviso under 

10 such heading in division A of Public Law 111–88 shall 

11 apply to funds appropriated by this division. 

12 SEC. 1723. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, Minerals Management 

14 Service, Royalty and Offshore Minerals Management’’ 

15 shall be $239,478,000: Provided, That the amounts in16 cluded under such heading in division A of Public Law 

17 111–88 shall be applied to funds appropriated by this divi18 sion as follows: by substituting ‘‘$109,494,000’’ for 

19 ‘‘$89,374,000’’; by substituting ‘‘$154,890,000’’ for 

20 ‘‘$156,730,000’’ each place it appears; and by substituting 

21 ‘‘2011’’ for ‘‘2010’’ each place it appears. 

22 SEC. 1724. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, Minerals Management 

24 Service, Oil Spill Research’’ shall be $11,768,000. 


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1 SEC. 1725. During fiscal year 2011, the Secretary 

2 of the Interior, in order to implement a reorganization of 

3 the Bureau of Ocean Energy Management, Regulation 

4 and Enforcement, may establish accounts and transfer 

5 funds among and between the offices and bureaus affected 

6 by the reorganization only in conformance with the Com7 mittees on Appropriations of the House of Representatives 

8 and the Senate reprogramming guidelines described in the 

9 joint explanatory statement of managers accompanying 

10 Public Law 111–88. 

11 SEC. 1726. Notwithstanding section 1101, the level 

12 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

13 Operation of Indian Programs’’ shall be $2,334,515,000: 

14 Provided, That the amounts included under such heading 

15 in division A of Public Law 111–88 shall be applied to 

16 funds appropriated by this division as follows: by sub17 stituting ‘‘$220,000,000’’ for ‘‘$166,000,000’’; by sub18 stituting ‘‘$585,411,000’’ for ‘‘$568,702,000’’; and by 

19 substituting ‘‘$46,373,000’’ for ‘‘$43,373,000’’. 

20 SEC. 1727. Notwithstanding section 1101, the level 

21 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

22 Construction’’ shall be $210,000,000. 

23 SEC. 1728. Notwithstanding section 1101, the level 

24 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

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1 neous Payments to Indians’’ shall be $46,480,000, of 

2 which $0 shall be for the matter pertaining to Public Law 

3 109-379. 

4 SEC. 1729. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

6 Indian Land Consolidation’’ shall be $0. 

7 SEC. 1730. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Interior, Departmental Offices, 

9 Insular Affairs, Assistance to Territories’’ shall be 

10 $84,295,000: Provided, That the amounts included under 

11 such heading in division A of Public Law 111-88 shall be 

12 applied to funds appropriated by this division by sub13 stituting ‘‘$75,015,000’’ for ‘‘$75,915,000’’. 

14 SEC. 1731. Notwithstanding section 1101, the level 

15 for ‘‘Department of the Interior, Departmental Offices, 

16 Office of the Special Trustee for American Indians, Fed17 eral Trust Programs’’ shall be $161,000,000: Provided, 

18 That the amounts included under such heading in division 

19 A of Public Law 111–88, as amended by Public Law 111– 

20 212, shall be applied to funds appropriated by this division 

21 by substituting ‘‘$31,534,000’’ for ‘‘$47,536,000’’. 

22 SEC. 1732. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, Department-wide Pro24 grams, Wildland Fire Management’’ shall be 

25 $919,897,000: Provided, That the amounts included under 


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1 such heading in division A of Public Law 111–88 shall 

2 be applied to funds appropriated by this division by sub3 stituting ‘‘$0’’ for ‘‘$125,000,000’’: Provided further, That 

4 of the unobligated balances available under such heading 

5 in division A of Public Law 111–88 and prior appropria6 tions Acts, $200,000,000 is rescinded: Provided further, 

7 That no amounts in this section may be rescinded from 

8 amounts that were designated by Congress as an emer9 gency requirement pursuant to a concurrent resolution on 

10 the budget or the Balanced Budget Emergency Deficit 

11 Control Act of 1985. 

12 SEC. 1733. Section 121 of division A of Public Law 

13 111–88 (123 Stat. 2930), concerning joint ticketing at the 

14 Pearl Harbor Naval Complex, is amended in subsection 

15 (b)(1) by striking ‘‘may enter’’ and inserting ‘‘may, for 

16 this fiscal year and each fiscal year thereafter, enter’’. 

17 SEC. 1734. Notwithstanding section 1101, the level 

18 for ‘‘Environmental Protection Agency, Science and Tech19 nology’’ shall be $815,110,000. 

20 SEC. 1735. Notwithstanding section 1101, the level 

21 for ‘‘Environmental Protection Agency, Environmental 

22 Programs and Management’’ shall be $2,761,994,000: 

23 Provided, That of the funds included under this heading 

24 $416,875,000 shall be for Geographic Programs: Provided 

25 further, That of such amounts for Geographic Programs, 


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1 $300,000,000 shall be for the Great Lakes Restoration 

2 Initiative. 

3 SEC. 1736. Notwithstanding section 1101, the level 

4 for ‘‘Environmental Protection Agency, Buildings and Fa5 cilities’’ shall be $36,501,000, of which $0 shall be for the 

6 planning and design of a high-performance green building 

7 to consolidate the multiple offices and research facilities 

8 of the Environmental Protection Agency in Las Vegas, 

9 Nevada. 

10 SEC. 1737. Notwithstanding section 1101, the level 

11 for ‘‘Environmental Protection Agency, Hazardous Sub12 stance Superfund’’ shall be $1,283,475,000: Provided, 

13 That the matter under such heading in division A of Pub14 lic Law 111–88 shall be applied to funds appropriated by 

15 this division as follows: by substituting ‘‘$1,283,475,000’’ 

16 for ‘‘$1,306,541,000’’ the second place it appears; and by 

17 substituting ‘‘September 30, 2010’’ for ‘‘September 30, 

18 2009’’. 

19 SEC. 1738. Notwithstanding section 1101, the level 

20 for ‘‘Environmental Protection Agency, State and Tribal 

21 Assistance Grants’’ shall be $3,766,446,000: Provided, 

22 That the amounts included under such heading in division 

23 A of Public Law 111–88 shall be applied to funds appro24 priated by this division as follows: by substituting 

25 ‘‘$1,525,000,000’’ for ‘‘$2,100,000,000’’; by substituting 


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1 ‘‘$965,000,000’’ for ‘‘$1,387,000,000’’; by substituting 

2 ‘‘$10,000,000’’ for ‘‘$17,000,000’’; by substituting 

3 ‘‘$10,000,000’’ for ‘‘$13,000,000’’; by substituting ‘‘$0’’ 

4 for ‘‘$156,777,000’’; by substituting ‘‘$50,000,000’’ for 

5 ‘‘$60,000,000’’; by substituting ‘‘$0’’ for ‘‘$20,000,000’’; 

6 by substituting ‘‘$1,106,446,000’’ for ‘‘$1,116,446,000’’; 

7 and by substituting ‘‘$0’’ for ‘‘$10,000,000’’ the second 

8 place it appears (pertaining to competitive grants for com9 munities). 

10 SEC. 1739. Notwithstanding section 1101, the 

11 amounts authorized to transfer under the heading ‘‘Envi12 ronmental Protection Agency, Administrative Provisions, 

13 Environmental Protection Agency’’ in division A of Public 

14 Law 111–88 shall be applied to funds appropriated by this 

15 division by substituting ‘‘$300,000,000’’ for 

16 ‘‘$475,000,000’’. 

17 SEC. 1740. Of the unobligated balances available for 

18 ‘‘Environmental Protection Agency, State and Tribal As19 sistance Grants’’, $140,000,000 is rescinded: Provided, 

20 That the Administrator of the Environmental Protection 

21 Agency shall submit to the Committees on Appropriations 

22 of the House of Representatives and the Senate a pro23 posed allocation of such rescinded amounts among pro24 grams, projects, and activities and such allocation shall 

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1 ther, That no amounts may be rescinded from amounts 

2 that were designated by Congress as an emergency re3 quirement pursuant to a concurrent resolution on the 

4 budget or the Balanced Budget and Emergency Deficit 

5 Act of 1985. 

6 SEC. 1741. Notwithstanding section 1101, the level 

7 for ‘‘Department of Agriculture, Forest Service, Forest 

8 and Rangeland Research’’ shall be $307,252,000. 

9 SEC. 1742. Notwithstanding section 1101, the level 

10 for ‘‘Department of Agriculture, Forest Service, State and 

11 Private Forestry’’ shall be $278,151,000: Provided, That 

12 the amounts included under such heading in division A 

13 of Public Law 111–88 shall be applied to funds appro14 priated by this division by substituting ‘‘$53,000,000’’ for 

15 ‘‘$76,460,000’’. 

16 SEC. 1743. Notwithstanding section 1101, the level 

17 for ‘‘Department of Agriculture, Forest Service, National 

18 Forest System’’ shall be $1,545,339,000, of which 

19 $15,000,000 shall be deposited into the Collaborative For20 est Landscape Restoration Fund for ecological restoration 

21 treatments as authorized by 16 U.S.C. 7303(f), and of 

22 which $336,722,000 shall be for forest products. 

23 SEC. 1744. Notwithstanding section 1101, the level 

24 for ‘‘Department of Agriculture, Forest Service, Capital 

25 Improvement and Maintenance’’ shall be $473,591,000: 


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1 Provided, That the amounts included under such heading 

2 in division A of Public Law 111–88 shall be applied to 

3 funds appropriated by this division by substituting 

4 ‘‘$45,000,000’’ for ‘‘$90,000,000’’. 

5 SEC. 1745. Notwithstanding section 1101, the level 

6 for ‘‘Department of Agriculture, Forest Service, Land Ac7 quisition’’ shall be $33,000,000. 

8 SEC. 1746. Notwithstanding section 1101, the level 

9 for ‘‘Department of Agriculture, Forest Service, Wildland 

10 Fire Management’’ shall be $2,172,387,000: Provided, 

11 That the amounts included under such heading in division 

12 A of Public Law 111–88 shall be applied to funds appro13 priated by this division as follows: by substituting ‘‘$0’’ 

14 for ‘‘$75,000,000’’; by substituting ‘‘$11,500,000’’ for 

15 ‘‘$11,600,000’’; and by substituting ‘‘$65,000,000’’ for 

16 ‘‘$71,250,000’’. 

17 SEC. 1747. Notwithstanding section 1101, the level 

18 for ‘‘Department of Agriculture, Forest Service, FLAME 

19 Wildfire Suppression Reserve Fund’’ shall be 

20 $291,000,000. Provided, That of the unobligated balances 

21 available under such heading in division A of Public Law 

22 111-88, $200,000,000 is rescinded. 

23 SEC. 1748. The authority provided by section 337 of 

24 the Department of the Interior and Related Agencies Ap25 propriations Act, 2005 (Public Law 108–447; 118 Stat. 


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1 3102), as amended, shall remain in effect until September 

2 30, 2011. 

3 SEC. 1749. Notwithstanding section 1101, the level 

4 for ‘‘Department of Health and Human Services, Indian 

5 Health Service, Indian Health Services’’ shall be 

6 $3,672,618,000. 

7 SEC. 1750. Notwithstanding section 1101, the level 

8 for ‘‘Department of Health and Human Services, Indian 

9 Health Service, Indian Health Facilities’’ shall be 

10 $404,757,000. 

11 SEC. 1751. Notwithstanding section 1101, the level 

12 for ‘‘Chemical Safety and Hazard Investigation Board, 

13 Salaries and Expenses’’ shall be $10,799,000: Provided, 

14 That the matter pertaining to methyl isocyanate in the 

15 last proviso under such heading in division A of Public 

16 Law 111–88 shall not apply to funds appropriated by this 

17 division. 

18 SEC. 1752. Notwithstanding section 1101, the level 

19 for ‘‘Smithsonian Institution, Legacy Fund’’ shall be $0. 

20 SEC. 1753. Notwithstanding section 1101, the level 

21 for ‘‘National Gallery of Art, Repair, Restoration and 

22 Renovation of Buildings’’ shall be $48,221,000: Provided, 

23 That the amounts included under such heading in division 

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1 priated by this division by substituting ‘‘$42,250,000’’ for 

2 ‘‘$40,000,000’’. 

3 SEC. 1754. Notwithstanding section 1101, the level 

4 for ‘‘John F. Kennedy Center for the Performing Arts, 

5 Operations and Maintenance’’ shall be $22,500,000: Pro6 vided, That the amounts included under such heading in 

7 division A of Public Law 111–88 shall be applied to funds 

8 appropriated by this division by substituting ‘‘$0’’ for 

9 ‘‘$500,000’’: Provided further, That the first proviso under 

10 such heading in division A of Public Law 111–88 is 

11 amended by striking ‘‘until expended’’ and all that follows 

12 and inserting ‘‘until September 30, 2011’’. 

13 SEC. 1755. Notwithstanding section 1101, the level 

14 for ‘‘John F. Kennedy Center for the Performing Arts, 

15 Capital Repair and Restoration’’ shall be $13,920,000. 

16 SEC. 1756. Notwithstanding section 1101, the level 

17 for ‘‘Woodrow Wilson International Center for Scholars, 

18 Salaries and Expenses’’ shall be $11,225,000. 

19 SEC. 1757. Notwithstanding section 1101, the level 

20 for ‘‘National Foundation on the Arts and the Human21 ities, National Endowment for the Arts, Grants and Ad22 ministration’’ shall be $155,000,000. 

23 SEC. 1758. Notwithstanding section 1101, the level 

24 for ‘‘National Foundation on the Arts and the Human25 ities, National Endowment for the Humanities, Grants 


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1 and Administration’’ shall be $155,000,000: Provided, 

2 That the amounts included under such heading in division 

3 A of Public Law 111–88 shall be applied to funds appro4 priated by this division by substituting ‘‘$140,700,000’’ 

5 for ‘‘$153,200,000’’. 

6 SEC. 1759. Notwithstanding section 1101, the level 

7 for ‘‘Commission of Fine Arts, National Capital Arts and 

8 Cultural Affairs’’ shall be $3,000,000. 

9 SEC. 1760. Notwithstanding section 1101, the level 

10 for ‘‘Presidio Trust, Presidio Trust Fund’’ shall be 

11 $15,000,000. 

12 SEC. 1761. Notwithstanding section 1101, the level 

13 for ‘‘Dwight D. Eisenhower Memorial Commission, Sala14 ries and Expenses’’ shall be $0. 

15 SEC. 1762. Notwithstanding section 1101, the level 

16 for ‘‘Dwight D. Eisenhower Memorial Commission, Cap17 ital Construction’’ shall be $0. 

18 SEC. 1763. Section 409 of division A of Public Law 

19 111–88 (123 Stat. 2957) is amended by striking ‘‘and 

20 111–8’’ and inserting ‘‘111–8, and 111–88’’, and by strik21 ing ‘‘2009’’ and inserting ‘‘2010’’. 

22 SEC. 1764. Notwithstanding section 1101, the level 

23 for section 415 of division A of Public Law 111–88 shall 

24 be $0. 


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1 SEC. 1765. Section 423 of division A of Public Law 

2 111–88 (123 Stat. 2961), concerning the distribution of 

3 geothermal energy receipts, shall have no force or effect 

4 and the distribution formula contained in section 3003(a) 

5 of Public Law 111–212 (124 Stat. 2338) shall apply for 

6 fiscal year 2011. 

7 SEC. 1766. Section 433 of division A of Public Law 

8 111–88 (123 Stat. 2965) is amended by striking ‘‘2010’’ 

9 and ‘‘2009’’ and inserting ‘‘2011’’ and ‘‘2010’’, respec10 tively. 

11 SEC. 1767. Section 7 of Public Law 99–647, as 

12 amended by section 702(d) of Public Law 109–338, is fur13 ther amended by striking ‘‘5 years’’ and inserting ‘‘6 

14 years’’. 

15 SEC. 1768. Not later than 30 days after the date of 

16 enactment of this division, each of the following depart17 ments and agencies shall submit to the Committees on Ap18 propriations of the House of Representatives and the Sen19 ate a spending, expenditure, or operating plan for fiscal 

20 year 2011 at a level of detail below the account level: 

21 (1) Department of the Interior. 

22 (2) Environmental Protection Agency. 

23 (3) Department of Agriculture, Forest Service. 

24 (4) Department of Health and Human Services, 

25 Indian Health Service. 


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1 (5) Smithsonian Institution. 

2 (6) National Endowment for the Arts. 

3 (7) National Endowment for the Humanities. 

4 SEC. 1769. For the fiscal year ending September 30, 

5 2011, none of the funds made available by this division 

6 or any other Act may be used to implement, administer, 

7 or enforce Secretarial Order No. 3310 issued by the Sec8 retary of the Interior on December 22, 2010. 

9 TITLE VIII—LABOR, HEALTH AND HUMAN 

10 SERVICES, EDUCATION, AND RELATED 

11 AGENCIES 

12 SEC. 1801. (a) Notwithstanding section 1101, the 

13 level for ‘‘Department of Labor, Employment and Train14 ing Administration, Training and Employment Services’’ 

15 shall be $1,575,648,000 plus reimbursements, of which— 

16 (1) $543,079,000 shall be available for obliga17 tion for the period July 1, 2011, through June 30, 

18 2012, of which $59,040,000 shall be available for 

19 adult employment and training activities, 

20 $203,840,000 shall be available for dislocated work21 er employment and training activities, $24,160,000 

22 shall be available for the dislocated worker assist23 ance national reserve, $10,000,000 shall be available 

24 for pilots, demonstrations, and research activities of 

25 which no funds shall be available for Transitional 


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1 Jobs activities, and $85,561,000 shall be available 

2 for reintegration of ex-offenders of which no funds 

3 shall be available for Transitional Jobs activities: 

4 Provided, That the amounts included for national 

5 activities under such heading in division D of Public 

6 Law 111–117 shall be applied to funds appropriated 

7 by this division by substituting ‘‘$0’’ for 

8 ‘‘$48,889,000’’; 

9 (2) $907,569,000 shall be available for obliga10 tion for the period April 1, 2011, through June 30, 

11 2012, including $827,569,000 for youth activities 

12 and $80,000,000 for YouthBuild; 

13 (3) $125,000,000 shall remain available until 

14 September 30, 2012, and shall be available to the 

15 Secretary of Labor for the Workforce Innovation 

16 Fund, as established by this division to carry out 

17 projects that demonstrate innovative strategies or 

18 replicate effective evidence-based strategies that 

19 align and strengthen the workforce investment sys20 tem in order to improve program delivery and edu21 cation and employment outcomes for program bene22 ficiaries: Provided, That amounts shall be available 

23 for awards to States or State agencies that are eligi24 ble for assistance under any program authorized 

25 under the Workforce Investment Act of 1998 


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1 (‘‘WIA’’), consortia of States, or partnerships, in2 cluding regional partnerships: Provided further, That 

3 notwithstanding section 128(a)(1) of the WIA, the 

4 amount available to the Governor for statewide ac5 tivities shall not exceed 5 percent of the amount al6 lotted to the State from the appropriation under this 

7 subparagraph; 

8 (4) no funds shall be available for the Green 

9 Jobs Innovation Fund; and 

10 (5) no funds shall be available for the Career 

11 Pathways Innovation Fund. 

12 (b) Of the funds made available in division D of Pub13 lic Law 111–117 for the Career Pathways Innovation 

14 Fund, $125,000,000 is rescinded. 

15 SEC. 1802. Of the funds made available by section 

16 1101 of this division for ‘‘Department of Labor, Depart17 mental Management, Office of Job Corps’’ for construc18 tion, rehabilitation, and acquisition of Job Corps centers, 

19 the Secretary of Labor may transfer up to 25 percent to 

20 meet the operational needs of Job Corps centers: Provided, 

21 That no funds shall be available to initiate a competition 

22 for any new Job Corps center not previously approved 

23 through a competitive selection process by the Secretary 

24 of Labor: Provided further, That of the unobligated bal25 ances of the funds made available for ‘‘Department of 


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1 Labor, Departmental Management, Office of Job Corps’’, 

2 $75,000,000 is rescinded. 

3 SEC. 1803. Notwithstanding section 1101, the level 

4 for ‘‘Department of Labor, Employment and Training Ad5 ministration, Community Service Employment for Older 

6 Americans’’ shall be $450,000,000, and for purposes of 

7 funds appropriated by this division, the amounts under 

8 such heading in division D of Public Law 111–117 shall 

9 be applied by substituting ‘‘$0’’ for ‘‘$225,000,000’’, and 

10 the first and second provisos under such heading in such 

11 division shall not apply. 

12 SEC. 1804. Notwithstanding section 1101, the level 

13 which may be expended from the Employment Security 

14 Administration Account in the Unemployment Trust Fund 

15 for administrative expenses of ‘‘Department of Labor, 

16 Employment and Training Administration, State Unem17 ployment Insurance and Employment Service Operations’’ 

18 shall be $4,024,490,000 (which includes all amounts avail19 able to conduct in-person reemployment and eligibility as20 sessments and unemployment insurance improper pay21 ment reviews), of which $3,245,645,000 shall be available 

22 for unemployment compensation State operations, 

23 $50,519,000 shall be available for Federal administration 

24 of foreign labor certifications, and $15,129,000 shall be 

25 available for grants to States for the administration of 


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1 such activities. For purposes of this section, the first pro2 viso under such heading in division D of Public Law 111– 

3 117 shall be applied to funds appropriated by this division 

4 by substituting ‘‘2011’’ and ‘‘6,180,000’’ for ‘‘2010’’ and 

5 ‘‘5,059,000’’, respectively. 

6 SEC. 1805. Funds appropriated by section 1101 of 

7 this division to the Department of Labor’s Employment 

8 and Training Administration for technical assistance serv9 ices to grantees may be transferred to ‘‘Department of 

10 Labor, Employment and Training Administration, Pro11 gram Administration’’ if it is determined that those serv12 ices will be more efficiently performed by Federal staff. 

13 SEC. 1806. Notwithstanding section 1101, the level 

14 for ‘‘Department of Labor, Employment Standards Ad15 ministration, Salaries and Expenses’’ shall be 

16 $485,255,000, together with $2,124,000 which may be ex17 pended from the Special Fund in accordance with sections 

18 39(c), 44(d), and 44(j) of the Longshore and Harbor 

19 Workers’ Compensation Act: Provided, That funds pro20 vided in this section may be allocated among the agencies 

21 included in this account and may be transferred to any 

22 other account within the Department of Labor for pro23 gram direction and support of the agencies funded in this 

24 section. 


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1 SEC. 1807. Notwithstanding section 1101, the level 

2 for ‘‘Department of Labor, Mine Safety and Health Ad3 ministration, Salaries and Expenses’’ shall be 

4 $363,843,000, of which up to $3,000,000 shall be avail5 able to the Secretary of Labor to be transferred to ‘‘De6 partmental Management, Salaries and Expenses’’ for ac7 tivities related to the Department of Labor’s caseload be8 fore the Federal Mine Safety and Health Review Commis9 sion, and the amounts included under the heading ‘‘De10 partment of Labor, Mine Safety and Health Administra11 tion, Salaries and Expenses’’ in division D of Public Law 

12 111–117 shall be applied to funds appropriated in this di13 vision by substituting ‘‘$0’’ for ‘‘$1,450,000’’ and by sub14 stituting ‘‘$1,350,000’’ for ‘‘$1,000,000’’. 

15 SEC. 1808. Notwithstanding section 1101, the level 

16 for ‘‘Department of Labor, Departmental Management’’ 

17 shall be $367,827,000, together with not to exceed 

18 $327,000, which may be expended from the Employment 

19 Security Administration Account in the Unemployment 

20 Trust Fund, and the third proviso under such heading in 

21 division D of Public Law 111–117 shall not apply to funds 

22 appropriated in this division: Provided, That of the funds 

23 made available by this section, not less than $21,332,000 

24 may be used by the Secretary of Labor for the purposes 

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1 tion and prevention of worker misclassification, and other 

2 worker protection activities, and may be transferred by the 

3 Secretary (in addition to any other transfer authority 

4 available by this division) to other agencies of the Depart5 ment subject to a 15-day advance notification to the Com6 mittees on Appropriations of the House of Representatives 

7 and the Senate. 

8 SEC. 1809. (a) Of the unobligated balances available 

9 in ‘‘Department of Labor, Working Capital Fund’’, 

10 $3,900,000 is rescinded, to be derived solely from amounts 

11 available in the Investment in Reinvention Fund (other 

12 than amounts that were designated by the Congress as 

13 an emergency requirement pursuant to a concurrent reso14 lution on the budget or the Balanced Budget and Emer15 gency Deficit Control Act of 1985). 

16 (b) The language under the ‘‘Working Capital Fund’’ 

17 heading in Public Law 85–67, as amended, is further 

18 amended by striking ‘‘Provided further, That within the 

19 Working Capital Fund,’’ through and including ‘‘, to be 

20 available without further appropriation action:’’. 

21 SEC. 1810. (a) Notwithstanding section 1101, the 

22 level for ‘‘Department of Health and Human Services, 

23 Health Resources and Services Administration, Health 

24 Resources and Services’’ shall be $6,274,790,000 of which 

25 (1) not more than $100,000,000 shall be available until 


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1 expended for carrying out the provisions of Public Law 

2 104–73 and for expenses incurred by the Department of 

3 Health and Human Services pertaining to administrative 

4 claims made under such law; (2) $300,000,000 shall be 

5 for the program under title X of the Public Health Service 

6 Act (‘‘PHS Act’’) to provide for voluntary family planning 

7 projects; (3) not less than $1,982,865,000 shall remain 

8 available through September 30, 2013 for parts A and B 

9 of title XXVI of the PHS Act, of which not less than 

10 $885,000,000 shall be for State AIDS Drug Assistance 

11 Programs under the authority of section 2616 or 311(c) 

12 of such Act; and (4) no funds are provided for section 

13 340G–1 of the PHS Act. 

14 (b) The sixteenth, eighteenth, nineteenth, twenty-sec15 ond, and twenty-fifth provisos under the heading ‘‘Depart16 ment of Health and Human Services, Health Resources 

17 and Services Administration, Health Resources and Serv18 ices’’ in division D of Public Law 111– 117 shall not apply 

19 to funds appropriated by this division. 

20 (c) Sections 747(c)(2), and 751(j)(2) of the PHS Act, 

21 and the proportional funding amounts in paragraphs (1) 

22 through (4) of section 756(e) of such Act shall not apply 

23 to funds made available by this division for ‘‘Department 

24 of Health and Human Services, Health Resources and 

25 Services Administration, Health Resources and Services’’. 


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1 (d) For any program operating under section 751 of 

2 the PHS Act on or before January 1, 2009, the Secretary 

3 of Health and Human Services may waive any of the re4 quirements contained in sections 751(d)(2)(A) and 

5 751(d)(2)(B) of such Act. 

6 (e) For purposes of this section, section 10503(d) of 

7 Public Law 111–148 shall be applied as if ‘‘, over the fis8 cal year 2008 level,’’ were stricken from such section. 

9 SEC. 1811. (a) Notwithstanding section 1101, the 

10 level for the first undesignated paragraph under the head11 ing ‘‘Department of Health and Human Services, Centers 

12 for Disease Control and Prevention, Disease Control, Re13 search, and Training’’ in division D of Public Law 111– 

14 117 shall be $5,660,291,000, of which $523,533,000 shall 

15 remain available until expended for the Strategic National 

16 Stockpile under section 319F–2 of the PHS Act. 

17 (b) The matter included before the first proviso under 

18 the heading ‘‘Department of Health and Human Services, 

19 Centers for Disease Control and Prevention, Disease Con20 trol, Research, and Training’’ in division D of Public Law 

21 111–117 shall be applied to funds appropriated by this 

22 division by substituting ‘‘$0’’ for ‘‘$20,620,000’’, by sub23 stituting ‘‘$22,000,000’’ for ‘‘$70,723,000’’, and as if ‘‘of 

24 which $69,150,000 shall remain available until expended 

25 for acquisition of real property, equipment, construction 


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1 and renovations of facilities;’’ were stricken from such 

2 paragraph. 

3 (c) Paragraphs (1) through (3) of section 2821(b) of 

4 the PHS Act shall not apply to funds made available by 

5 this division. 

6 (d) Notwithstanding section 1101, funds appro7 priated for ‘‘Department of Health and Human Services, 

8 Centers for Disease Control and Prevention, Disease Con9 trol, Research, and Training’’ shall also be available to 

10 carry out title II of the Immigration and Nationality Act. 

11 (e) Notwithstanding section 1101, funds made avail12 able by this division may be available for acquisition of 

13 real property and necessary repairs of facilities owned, 

14 leased, or operated by the Centers for Disease Control and 

15 Prevention: Provided, That such facilities relate to mine 

16 safety research: Provided further, That the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate are notified of the amounts to be obligated no less 

19 than 15 days in advance. 

20 SEC. 1812. Notwithstanding section 1101, the level 

21 for ‘‘Department of Health and Human Services, National 

22 Institutes of Health, National Institute of Allergy and In23 fectious Diseases’’ shall be $4,818,275,000, and the re24 quirement under ‘‘National Institute of Allergy and Infec25 tious Diseases’’ in division D of Public Law 111–117 for 


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1 a transfer from Biodefense Countermeasures funds shall 

2 not apply. 

3 SEC. 1813. The amount provided by section 1101 for 

4 ‘‘Department of Health and Human Services, National In5 stitutes of Health’’ is reduced by $210,000,000, through 

6 a pro rata reduction in all of the Institutes, Centers, and 

7 Office of the Director accounts within ‘‘Department of 

8 Health and Human Services, National Institutes of 

9 Health’’ based on the total funding provided. 

10 SEC. 1814. Notwithstanding section 1101, the level 

11 for ‘‘Department of Health and Human Services, National 

12 Institutes of Health, Buildings and Facilities’’ shall be 

13 $50,000,000. 

14 SEC. 1815. (a) Notwithstanding section 1101, the 

15 level for ‘‘Department of Health and Human Services, 

16 Substance Abuse and Mental Health Services Administra17 tion, Substance Abuse and Mental Health Services’’ shall 

18 be $3,386,311,000, of which (1) not less than 

19 $40,800,000 shall be for the National Child Traumatic 

20 Stress Initiative; and (2) no funds shall be available for 

21 the National All Schedules Prescription Electronic Report22 ing system. 

23 (b) The amount included before the first proviso 

24 under the heading ‘‘Department of Health and Human 

25 Services, Substance Abuse and Mental Health Services 


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1 Administration, Substance Abuse and Mental Health 

2 Services’’ in division D of Public Law 111–117 shall be 

3 applied to funds appropriated by this division by sub4 stituting ‘‘$0’’ for ‘‘$14,518,000’’. 

5 (c) The second proviso under the heading ‘‘Depart6 ment of Health and Human Services, Substance Abuse 

7 and Mental Health Services Administration, Substance 

8 Abuse and Mental Health Services’’ in division D of Public 

9 Law 111–117 shall not apply to funds appropriated by 

10 this division. 

11 SEC. 1816. Notwithstanding section 1101, the 

12 amount included under the heading ‘‘Department of 

13 Health and Human Services, Agency for Healthcare Re14 search and Quality, Healthcare Research and Quality’’ in 

15 division D of Public Law 111–117 shall be applied to 

16 funds appropriated by this division by substituting 

17 ‘‘$372,053,000’’ for ‘‘$397,053,000’’. 

18 SEC. 1817. Notwithstanding section 1101, for pay19 ment to the Federal Hospital Insurance Trust Fund and 

20 the Federal Supplementary Medical Insurance Trust 

21 Fund, as provided under sections 217(g), 1844, and 

22 1860D–16 of the Social Security Act, sections 103(c) and 

23 111(d) of the Social Security Amendments of 1965, sec24 tion 278(d) of Public Law 97–248, and for administrative 


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1 expenses incurred pursuant to section 201(g) of the Social 

2 Security Act, $229,464,000,000. 

3 SEC. 1818. (a) Notwithstanding section 1101, the 

4 level for amounts transferred from the Federal Hospital 

5 Insurance Trust Fund and the Federal Supplementary 

6 Medical Insurance Trust Fund for ‘‘Department of Health 

7 and Human Services, Centers for Medicare and Medicaid 

8 Services, Program Management’’ shall be $3,470,242,000, 

9 of which the level for the Research, Demonstration, and 

10 Evaluation program shall be $35,600,000. 

11 (b) The amount under the third proviso under the 

12 heading ‘‘Department of Health and Human Services, 

13 Centers for Medicare and Medicaid Services, Program 

14 Management’’ in division D of Public Law 111–117 shall 

15 be applied to funds appropriated by this division by sub16 stituting ‘‘$9,120,000’’ for ‘‘$65,600,000’’. 

17 (c) The sixth proviso under the heading ‘‘Department 

18 of Health and Human Services, Centers for Medicare and 

19 Medicaid Services, Program Management’’ in division D 

20 of Public Law 111–117 shall not apply to funds appro21 priated by this division. 

22 SEC. 1819. (a) Notwithstanding section 1101, the 

23 level for ‘‘Department of Health and Human Services, Ad24 ministration for Children and Families, Low Income 

25 Home Energy Assistance’’ shall be $4,710,000,000, of 


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1 which $4,509,672,000 shall be for payments under sub2 sections (b) and (d) of section 2602 of the Low-Income 

3 Home Energy Assistance Act of 1981 (42 U.S.C. 8621); 

4 and of which $200,328,000 shall be for payments under 

5 subsection (e) of such Act, to be made notwithstanding 

6 the designation requirements of such subsection. 

7 (b) The second proviso under the heading ‘‘Depart8 ment of Health and Human Services, Administration for 

9 Children and Families, Low Income Home Energy Assist10 ance’’ in division D of Public Law 111–117 shall not apply 

11 to funds appropriated by this division. 

12 SEC. 1820. Of the unobligated balances available for 

13 ‘‘Department of Health and Human Services, Administra14 tion for Children and Families, Refugee and Entrant As15 sistance’’ from funds appropriated under this heading in 

16 fiscal year 2010 and prior fiscal years, $25,000,000 is re17 scinded. 

18 SEC. 1821. (a) Notwithstanding section 1101, the 

19 level for ‘‘Department of Health and Human Services, Ad20 ministration for Children and Families, Payments to 

21 States for the Child Care and Development Block Grant’’ 

22 shall be $2,227,081,000. 

23 (b) The amount included in the first proviso under 

24 the heading ‘‘Department of Health and Human Services, 

25 Administration for Children and Families, Payments to 


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1 States for the Child Care and Development Block Grant’’ 

2 in division D of Public Law 111–117 shall be applied to 

3 funds appropriated by this division by substituting ‘‘$0’’ 

4 for ‘‘$1,000,000’’. 

5 (c) The amounts included in the second proviso under 

6 the heading ‘‘Department of Health and Human Services, 

7 Administration for Children and Families, Payments to 

8 States for the Child Care and Development Block Grant’’ 

9 in division D of Public Law 111–117 shall be applied to 

10 funds appropriated by this division by substituting 

11 ‘‘$284,160,000’’ for ‘‘$271,401,000’’, and by substituting 

12 ‘‘$104,213,000’’ for ‘‘$99,534,000’’. 

13 SEC. 1822. (a) Notwithstanding section 1101, the 

14 level for ‘‘Department of Health and Human Services, Ad15 ministration for Children and Families, Children and 

16 Families Services Programs’’ shall be $9,538,433,000, of 

17 which (1) $7,574,783,000 shall be for making payments 

18 under the Head Start Act; and (2) $703,000,000 shall be 

19 for making payments under the Community Services 

20 Block Grant (‘‘CSBG’’) Act, of which $23,350,000 shall 

21 be for sections 680 and 678E(b)(2), of which $18,000,000 

22 shall be for section 680(a)(2), and not less than 

23 $5,000,000 shall be for section 680(a)(3)(B) of the CSBG 

24 Act. 


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1 (b) For purposes of allocating such funds under the 

2 Head Start Act, the term ‘‘base grant’’ as used in sub3 section (a)(7)(A) of section 640 of such Act with respect 

4 to funding provided to a Head Start agency (including 

5 each Early Head Start agency) for fiscal year 2010 shall 

6 be deemed to include 50 percent of the funds appropriated 

7 under ‘‘Department of Health and Human Services, Ad8 ministration for Children and Families, Children and 

9 Families Services Programs’’ in Public Law 111–5 pro10 vided to such agency for carrying out expansion of Head 

11 Start programs, as that phrase is used in subsection 

12 (a)(4)(D) of such section 640, and provided to such agen13 cy as the ongoing funding level for operations in the 12 

14 month budget period beginning in fiscal year 2010. 

15 (c) The fourteenth and fifteenth provisos under the 

16 heading ‘‘Department of Health and Human Services, Ad17 ministration for Children and Families, Children and 

18 Families Services Programs’’ in division D of Public Law 

19 111–117 shall not apply to funds appropriated by this di20 vision. 

21 SEC. 1823. (a) Notwithstanding section 1101, the 

22 level for ‘‘Department of Health and Human Services, Ad23 ministration on Aging, Aging Services Programs’’ shall be 

24 $1,500,323,000, of which $440,783,000 shall be for con25 gregate nutrition, $217,676,000 shall be for home-delivVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 ered nutrition, and $27,708,000 shall be for Native Amer2 ican nutrition: Provided, That the total amount available 

3 for fiscal year 2011 under this and any other Act to carry 

4 out activities related to Aging and Disability Resource 

5 Centers under subsections (a)(20)(B)(iii) and (b)(8) of 

6 section 202 of the Older Americans Act shall not exceed 

7 the amount obligated for such purposes for fiscal year 

8 2010 from funds available under Public Law 111–117. 

9 (b) The first proviso under the heading ‘‘Department 

10 of Health and Human Services, Administration on Aging, 

11 Aging Services Programs’’ in division D of Public Law 

12 111–117 shall not apply to funds appropriated by this di13 vision. 

14 (c) None of the funds appropriated by this division 

15 for ‘‘Department of Health and Human Services, Admin16 istration on Aging, Aging Services Programs’’ shall be 

17 used to carry out sections 1701 and 1703 of the PHS 

18 Act (with respect to chronic disease self-management ac19 tivity grants), except that such funds may be used for nec20 essary expenses associated with administering any such 

21 grants awarded prior to the date of the enactment of this 

22 division. 

23 SEC. 1824. Notwithstanding section 1101, the level 

24 for ‘‘Department of Health and Human Services, Office 

25 of the Secretary, General Departmental Management’’ 


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1 from the General Fund shall be $651,786,000: Provided, 

2 That amounts included under such heading in division D 

3 of Public Law 111–117 shall be applied to funds appro4 priated by this division by substituting ‘‘$0’’ for 

5 ‘‘$5,789,000’’: Provided further, That the second and sev6 enth provisos under such heading in division D of Public 

7 Law 111–117 shall not apply to funds appropriated by 

8 this division: Provided further, That none of the funds 

9 made available in this division shall be for carrying out 

10 activities specified under section 2003(b)(2) or (3) of the 

11 PHS Act: Provided further, That of the amount included 

12 under the heading ‘‘Department of Health and Human 

13 Services, Office of the Secretary, General Departmental 

14 Management’’ up to $175,905,000 may be transferred to 

15 other appropriation accounts within the Department of 

16 Health and Human Services to carry out the Secretary’s 

17 responsibilities: Provided further, That amounts included 

18 under such heading in division D of Public Law 111–117 

19 shall be applied to funds appropriated by this division by 

20 substituting in the third proviso ‘‘$105,000,000’’ for 

21 ‘‘$110,000,000’’. 

22 SEC. 1825. (a) Notwithstanding section 1101, the 

23 level for ‘‘Department of Health and Human Services, Of24 fice of the Secretary, Public Health and Social Services 

25 Emergency Fund’’ shall be $676,180,000, of which 


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1 $65,578,000 shall be for expenses necessary to prepare for 

2 and respond to an influenza pandemic, none of which shall 

3 be available past September 30, 2011, and $35,000,000, 

4 to remain available until expended, shall be for expenses 

5 necessary for fit-out and other costs related to a competi6 tive lease procurement to renovate or replace the existing 

7 headquarters building for Public Health Service agencies 

8 and other components of the Department of Health and 

9 Human Services: Provided, That in addition, 

10 $415,000,000 of the funds transferred to the account 

11 under the heading ‘‘Department of Health and Human 

12 Services, Office of the Secretary, Public Health and Social 

13 Services Emergency Fund’’ in Public Law 111–117 under 

14 the fourth paragraph under such heading may be used to 

15 support advanced research and development pursuant to 

16 section 319L of the PHS Act and other administrative ex17 penses of the Biomedical Advanced Research and Develop18 ment Authority: Provided further, That the first proviso 

19 in the first paragraph under such heading in division D 

20 of Public Law 111–117 and the language in such para21 graph designating $10,000,000 to support delivery of 

22 medical countermeasures shall not apply to funds provided 

23 in this section: Provided further, That the fourth para24 graph under such heading shall not apply to funds appro25 priated by this division. 


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1 (b) Of the amounts provided under the heading ‘‘De2 partment of Health and Human Services, Office of the 

3 Secretary, Public Health and Social Services Emergency 

4 Fund’’ in Public Laws 111–8 and 111–117 and available 

5 for expenses necessary to prepare for and respond to an 

6 influenza pandemic, $170,000,000 may also be used— 

7 (1) to plan, conduct, and support research to 

8 advance regulatory science to improve the ability to 

9 determine safety, effectiveness, quality, and perform10 ance of medical countermeasure products against 

11 chemical, biological, radiological, and nuclear agents 

12 including influenza virus; and 

13 (2) to analyze, conduct, and improve regulatory 

14 review and compliance processes for such products. 

15 SEC. 1826. Of the funds made available for ‘‘Depart16 ment of Health and Human Services, Office of the Sec17 retary, Public Health and Social Services Emergency 

18 Fund’’ in Public Law 111–32, $1,259,000,000 is re19 scinded, to be derived only from those amounts which have 

20 not yet been designated by the President as emergency 

21 funds. 

22 SEC. 1827. Hereafter, no funds appropriated by this 

23 division or by any previous or subsequent Act shall be sub24 ject to the allocation requirements of section 1707A(e) of 

25 the PHS Act. 


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1 SEC. 1828. Hereafter, no funds appropriated by this 

2 division or by any previous or subsequent Act shall be 

3 available for transfer under section 274 of the PHS Act. 

4 SEC. 1829. (a) Notwithstanding section 1101, the 

5 level for ‘‘Department of Education, Education for the 

6 Disadvantaged’’ shall be $4,725,891,000, of which 

7 $4,628,056,000 shall become available on July 1, 2011, 

8 and remain available through September 30, 2012 for aca9 demic year 2011–2012: Provided, That not more than 

10 $8,167,000 shall be available to carry out sections 1501 

11 and 1503 of the Elementary and Secondary Education Act 

12 of 1965 (‘‘ESEA’’). 

13 (b) The seventh proviso under the heading ‘‘Depart14 ment of Education, Education for the Disadvantaged’’ in 

15 division D of Public Law 111–117 shall be applied by sub16 stituting ‘‘$535,633,000’’ for ‘‘$545,633,000’’ and the 

17 tenth, eleventh and twelfth provisos shall not apply to 

18 funds appropriated by this division. 

19 SEC. 1830. For purposes of this division, the proviso 

20 under the heading ‘‘Department of Education, Impact 

21 Aid’’ in division D of Public Law 111–117 shall be applied 

22 by substituting ‘‘2010–2011’’ for ‘‘2009–2010’’. 

23 SEC. 1831. (a) Notwithstanding section 1101, the 

24 level for ‘‘Department of Education, School Improvement 

25 Programs’’ shall be $2,924,791,000, of which 


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1 $2,754,244,000 shall become available on July 1, 2011, 

2 and remain available through September 30, 2012 for aca3 demic year 2011–2012: Provided, That of the amounts 

4 available for such heading: (1) no funds shall be available 

5 for activities authorized under part D of title II of the 

6 ESEA, or subpart 6 of part D of title V of the ESEA, 

7 or part Z of title VIII of the Higher Education Act of 

8 1965; (2) $26,928,000 shall be available to carry out part 

9 D of title V of the ESEA; (3) for purposes of this section, 

10 up to $11,500,000 shall be available for activities de11 scribed in the twelfth proviso under such heading in divi12 sion D of Public Law 111–117; (4) $380,732,000 shall 

13 be for State assessments authorized under section 6111 

14 of the ESEA and $10,000,000 shall be for enhanced as15 sessment instruments authorized under section 6112 of 

16 the ESEA; and (5) up to 1 percent of the funds for sub17 part 1 of part A of Title II of the ESEA shall be reserved 

18 by the Secretary of Education for competitive awards for 

19 teacher training or professional enhancement activities to 

20 national not-for-profit organizations. 

21 (b) The seventh proviso shall be applied by sub22 stituting ‘‘$51,313,000’’ for ‘‘$56,313,000’’ and the sec23 ond, third, fifth, sixth, eighth and thirteenth provisos 

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1 provement Programs’’ in division D of Public Law 111– 

2 117 shall not apply to funds appropriated by this division. 

3 SEC. 1832. (a) Notwithstanding section 1101, the 

4 level for ‘‘Department of Education, Innovation and Im5 provement’’ shall be $1,859,899,000, of which— 

6 (1) $850,000,000 shall become available on the date 

7 of enactment of this division, and remain available 

8 through December 31, 2011, $440,982,000 shall be avail9 able to carry out part D of title V of the ESEA, and no 

10 funds shall be available for activities authorized under sec11 tion 2151(c) of the ESEA, section 1504 of the ESEA, 

12 or part F of title VIII of the Higher Education Act of 

13 1965; and 

14 (2) not more than $150,000,000 may be used to 

15 make awards under section 14007 of division A of Public 

16 Law 111–5 and not more than $700,000,000 may be used 

17 to make awards to States under section 14006 of division 

18 A of Public Law 111–5, as amended by subsection (b) of 

19 this section: Provided, That none of such funds shall be 

20 made available prior to the submission of a detailed spend21 ing plan outlining the proposed competitions and priorities 

22 to the Committees on Appropriations of the House of Rep23 resentatives and the Senate: Provided further, That 

24 awards may be made on the basis of previously submitted 

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1 cation shall administer grants for improving early child2 hood care and education jointly with the Secretary of 

3 Health and Human Services on such terms as such Secre4 taries set forth in an interagency agreement: Provided fur5 ther, That the Secretary of Education shall be responsible 

6 for obligating and disbursing funds and ensuring compli7 ance with applicable laws and administrative requirements 

8 with regard to such awards: Provided further, That the 

9 Secretary shall provide, on a timely and periodic basis, the 

10 findings from evaluations, including impact evaluations 

11 and interim progress evaluations, of activities conducted 

12 using funds previously obligated under sections 14006 and 

13 14007 of division A of Public Law 111–5, including Race 

14 to the Top and the Investing in Innovation Fund, to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate. 

17 (b) Division A of Public Law 111–5, as amended, is 

18 further amended— 

19 (1) in section 14005(d), by adding at the end the fol20 lowing: 

21 ‘‘(6) IMPROVING EARLY CHILDHOOD CARE AND

22 EDUCATION.—The State will take actions to— 

23 ‘‘(A) increase the number and percentage 

24 of low-income and disadvantaged children in 

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1 schoolers who are enrolled in high-quality early 

2 learning programs; 

3 ‘‘(B) design and implement an integrated 

4 system of high-quality early learning programs 

5 and services; and 

6 ‘‘(C) ensure that any use of assessments 

7 conforms with the recommendations of the Na8 tional Research Council’s reports on early child9 hood.’’; and 

10 (2) in section 14006— 

11 (A) in subsection (b), by striking ‘‘and (5)’’ and 

12 inserting ‘‘(5), or (6)’’; and 

13 (B) in subsection (c)(2), by inserting before the 

14 period ‘‘, or to a State or States for improving early 

15 childhood care and education’’. 

16 (c) The first, third, fourth, seventeenth and eight17 eenth provisos under the heading ‘‘Department of Edu18 cation, Innovation and Improvement’’ in division D of 

19 Public Law 111–117 shall not apply to funds appropriated 

20 by this division. 

21 SEC. 1833. (a) Notwithstanding section 1101, the 

22 level for ‘‘Department of Education, Safe Schools and 

23 Citizenship Education’’ shall be $289,043,000, of which, 

24 notwithstanding section 2343(b) of the ESEA, $1,157,000 

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1 tive basis under section 2345 of the ESEA, $161,500,000 

2 shall be available to carry out part D of title V, and 

3 $126,386,000 shall be for subpart 2 of part A of title IV 

4 of the ESEA : Provided, That $30,000,000 shall be avail5 able for Promise Neighborhoods and be available through 

6 December 31, 2011. 

7 (b) The first, second, and third provisos under the 

8 heading ‘‘Department of Education, Safe Schools and 

9 Citizenship Education’’ in division D of Public Law 111– 

10 117 shall not apply to funds appropriated by this division. 

11 SEC. 1834. Notwithstanding section 1101, the level 

12 for ‘‘Department of Education, English Language Acqui13 sition’’ shall be $735,000,000. 

14 SEC. 1835. (a) Notwithstanding section 1101, the 

15 level for ‘‘Department of Education, Special Education’’ 

16 shall be $3,975,665,000, of which $3,726,354,000 shall 

17 become available on July 1, 2011, and remain available 

18 through September 30, 2012 for academic year 2011– 

19 2012. 

20 (b) The first and second provisos under the heading 

21 ‘‘Department of Education, Special Education’’ in division 

22 D of Public Law 111–117 shall not apply to funds appro23 priated by this division. 

24 (c) The third proviso under such heading shall be ap25 plied by substituting ‘‘2010’’ for ‘‘2009’’. 


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1 SEC. 1836. (a) Notwithstanding section 1101, the 

2 level for ‘‘Department of Education, Rehabilitation Serv3 ices and Disability Research’’ shall be $3,475,500,000. 

4 (b) The second proviso under the heading ‘‘Depart5 ment of Education, Rehabilitation Services and Disability 

6 Research’’ in division D of Public Law 111–117 shall not 

7 apply to funds appropriated by this division. 

8 SEC. 1837. Notwithstanding section 1101, the level 

9 for ‘‘Department of Education, Special Institutions for 

10 Persons with Disabilities, National Technical Institute for 

11 the Deaf’’ shall be $65,677,000, of which $240,000 shall 

12 be available for construction. 

13 SEC. 1838. (a) Notwithstanding section 1101, the 

14 level for ‘‘Department of Education, Career, Technical, 

15 and Adult Education’’ shall be $951,432,000 which shall 

16 become available on July 1, 2011, and remain available 

17 through September 30, 2012 for academic year 2011– 

18 2012: Provided, That of the amounts available for such 

19 heading, no funds shall be available for activities author20 ized under subpart 4 of part D of title V of the ESEA, 

21 or part D of title VIII of the Higher Education Amend22 ments of 1998. 

23 (b) The first, second, third, seventh and eighth pro24 visos under the heading ‘‘Department of Education, Ca25 reer, Technical, and Adult Education’’ in division D of 


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1 Public Law 111–117 shall not apply to funds appropriated 

2 by this division. 

3 SEC. 1839. (a) Notwithstanding section 1101, the 

4 level for ‘‘Department of Education, Student Financial 

5 Assistance’’ shall be $24,719,957,000, of which 

6 $23,002,000,000 shall be available to carry out subpart 

7 1 of part A of title IV of the Higher Education Act of 

8 1965 and no funds shall be available for activities author9 ized under subpart 4 of part A of title IV of the Higher 

10 Education Act of 1965. 

11 (b) The maximum Pell grant for which a student 

12 shall be eligible during award year 2011–2012 shall be 

13 $4,860. 

14 SEC. 1840. Of the unobligated balances of funds 

15 made available in subparagraphs (A) through (E) of sec16 tion 401A(e)(1) of the Higher Education Act of 1965, 

17 $560,000,000 is rescinded. 

18 SEC. 1841. Notwithstanding sections 1101 and 1103, 

19 the level for ‘‘Department of Education, Student Aid Ad20 ministration’’ shall be $994,000,000, which shall remain 

21 available through September 30, 2012. 

22 SEC. 1842. (a) Notwithstanding section 1101, the 

23 level for ‘‘Department of Education, Higher Education’’ 

24 shall be $1,907,760,000, of which no funds shall be avail25 able for activities authorized under section 428L of part 


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1 B of title IV of the Higher Education Act of 1965 

2 (‘‘HEA’’), subpart 6 of part A of title IV of the HEA, 

3 subpart 1 of part D of title VII of the HEA, subpart 3 

4 of part A of title VII of the HEA, section 1543 of the 

5 Higher Education Amendments of 1992, part H of title 

6 VIII of the Higher Education Amendments of 1998, or 

7 part I of subtitle A of title VI of the America COMPETES 

8 Act: Provided, That the first proviso under the heading 

9 ‘‘Department of Education, Higher Education’’ in division 

10 D of Public Law 111–117 shall be replaced by the fol11 lowing: ‘‘Provided, That $8,100,000, to remain available 

12 through September 30, 2012, shall be available to fund 

13 fellowships for academic year 2012–2013 under subpart 

14 1 of part A of title VII of the Higher Education Act, under 

15 the terms and conditions of such subpart 1’’: Provided fur16 ther, That the last proviso under such heading in division 

17 D of Public Law 111–117 shall not apply to funds appro18 priated by this division, except that $1,000,000 shall be 

19 available for competitive grants under section 872 of the 

20 HEA. 

21 (b) The seventh, eighth, ninth, tenth, eleventh, 

22 twelfth, and thirteenth provisos under the heading ‘‘De23 partment of Education, Higher Education’’ in division D 

24 of Public Law 111–117 shall not apply to funds appro25 priated by this division. 


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1 SEC. 1843. Notwithstanding section 1101, the level 

2 for ‘‘Department of Education, Historically Black College 

3 and University Capital Financing Program Account’’ shall 

4 be $20,582,000: Provided, That these funds are available 

5 to subsidize total loan principal, any part of which is to 

6 be guaranteed, not to exceed $279,393,000. 

7 SEC. 1844. (a) Notwithstanding section 1101, the 

8 level for ‘‘Department of Education, Institute of Edu9 cation Sciences’’ shall be $610,006,000 and shall remain 

10 available through September 30, 2012. 

11 (b) Notwithstanding subsections (d) and (e) of sec12 tion 174 of the Education Sciences Reform Act of 2002, 

13 up to $57,650,000 may be used to extend any contracts 

14 to administer the Regional Educational Laboratories that 

15 were in effect on, or entered into, after January 1, 2011, 

16 for a period of not more than 12 months. 

17 SEC. 1845. Notwithstanding section 1101, the level 

18 for ‘‘Corporation for National and Community Service, 

19 Operating Expenses’’ shall be $782,374,000, of which 

20 $307,374,000 shall be to carry out the Domestic Volun21 teer Service Act of 1973 and $475,000,000 shall be to 

22 carry out the National and Community Service Act of 

23 1990 and notwithstanding sections 198B(b)(3), 198S(g), 

24 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act. 


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1 SEC. 1846. Notwithstanding section 1101, the level 

2 for ‘‘Corporation for National and Community Service, 

3 National Service Trust’’ shall be $199,659,000. 

4 SEC. 1847. The amounts included under the heading 

5 ‘‘Corporation for Public Broadcasting’’ in division D of 

6 Public Law 111–117 shall be applied to funds appro7 priated by this division as follows: by substituting 

8 ‘‘$6,000,000’’ for ‘‘$86,000,000’’; by substituting ‘‘$0’’ 

9 for ‘‘$25,000,000’’; by substituting ‘‘$6,000,000’’ for 

10 ‘‘$36,000,000’’; and by substituting ‘‘$0’’ for 

11 ‘‘$25,000,000’’. 

12 SEC. 1848. Notwithstanding section 1101, the level 

13 for ‘‘Institute of Museum and Library Services, Office of 

14 Museum and Library Services: Grants and Administra15 tion’’ shall be $237,869,000: Provided, That the amounts 

16 included under such heading in division D of Public Law 

17 111–117 shall be applied to funds appropriated by this 

18 division by substituting ‘‘$0’’ for ‘‘$16,382,000’’. 

19 SEC. 1849. Notwithstanding section 1101, the level 

20 for ‘‘Medicare Payment Advisory Commission, Salaries 

21 and Expenses’’ shall be $12,450,000. 

22 SEC. 1850. Notwithstanding section 1101, the level 

23 for ‘‘Railroad Retirement Board, Dual Benefits Payments 

24 Account’’ shall be $57,000,000. 


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1 SEC. 1851. Notwithstanding section 1101, the level 

2 for ‘‘Social Security Administration, Payments to Social 

3 Security Trust Funds’’ shall be $21,404,000, and in addi4 tion such funds may be used to carry out section 217(g) 

5 of the Social Security Act. 

6 SEC. 1852. Notwithstanding section 1101, the level 

7 for the first paragraph under the heading ‘‘Social Security 

8 Administration, Supplemental Security Income Program’’ 

9 in division D of Public Law 111–117 shall be 

10 $39,983,273,000, of which $3,493,273,000 shall be for 

11 administrative expenses. 

12 SEC. 1853. Notwithstanding section 1101, the level 

13 for the first paragraph under the heading ‘‘Social Security 

14 Administration, Limitation on Administrative Expenses’’ 

15 in division D of Public Law 111–117 shall be 

16 $10,775,500,000. In addition, the amount included in the 

17 fourth paragraph under such heading in division D of 

18 Public Law 111–117 shall be applied to funds appro19 priated by this division by substituting ‘‘$186,000,000’’ 

20 for ‘‘$160,000,000’’ each place it appears. 

21 SEC. 1854. Of the funds appropriated for ‘‘Social Se22 curity Administration, Limitation on Administrative Ex23 penses’’ for fiscal years 2010 and prior years and available 

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1 tion technology and telecommunications hardware and 

2 software infrastructure, $75,000,000 is rescinded. 

3 SEC. 1855. All funds transferred under the authority 

4 of section 4002 of Public Law 111–148 shall be subject 

5 to the terms and conditions of section 503 of division D 

6 of Public Law 111–117. 

7 GAO REPORTS AND AUDITS ON PPACA IMPLEMENTATION

8 AND COMPARATIVE EFFECTIVENESS RESEARCH

9 FUNDING AND MEDICARE ACTUARIAL ANALYSIS OF

10 IMPACT OF CERTAIN PPACA INSURANCE CHANGES

11 ON PREMIUMS

12 SEC. 1856. (a) GAO REPORT ON PPACA IMPLEMEN13 TATION.—Not later than 90 days after the date of the en14 actment of this Act, the Comptroller General of the United 

15 States shall submit to Congress a report on the costs and 

16 processes of implementing PPACA. Such report shall in17 clude the following (as of the date of preparation of the 

18 report): 

19 (1) A list of the contracts, including the name 

20 of the contractors, their general areas of expertise, 

21 and the amount of money expended on each such 

22 contract, entered into by the Department of Health 

23 and Human Services and other Federal departments 

24 and agencies to provide services related to authority 

25 under PPACA that was not previously authorized. 


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1 (2) A list of any firms hired by such a Depart2 ment or agency to facilitate contracting with such 

3 contractors. 

4 (3) A list of consultants who have been hired by 

5 such a Department or agency to assist in imple6 menting PPACA, including their areas of expertise 

7 and the total cost for such consultants. 

8 (b) GAO AUDIT OF ANNUAL LIMIT WAIVER RE9 QUESTS.—Not later than 60 days after the date of the 

10 enactment of this Act, the Comptroller General shall sub11 mit to Congress a report that includes the results of an 

12 audit of requests for administrative waiver of the annual 

13 limit requirements of section 2711(a) of the Public Health 

14 Service Act (as inserted by section 1001(5) of the Patient 

15 Protection and Affordable Care Act). Such report shall in16 clude an analysis of the number of approvals and denials 

17 of such requests and the reasons for such approval or de18 nial. 

19 (c) MEDICARE ACTUARIAL ANALYSIS OF PROJECTED

20 PREMIUM IMPACTS OF APPLYING CERTAIN REQUIRE21 MENTS.—Not later than 90 days after the date of the en22 actment of this Act, the Chief Actuary of the Centers for 

23 Medicare & Medicaid Services shall submit to Congress a 

24 report that contains an estimate of the impact of the guar25 anteed issue, guaranteed renewal, and community rating 


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1 requirements under sections 2701 through 2703 of the 

2 Public Health Service Act, as inserted by section 1201 of 

3 the Patient Protection and Affordable Care Act, on pre4 miums for individuals and families with employer-spon5 sored health insurance. Such estimate shall cover the 10- 

6 year period beginning with 2014 and shall include an esti7 mate of the number of such individuals and families who 

8 will experience a premium increase as a result of such re9 quirements and the number of such individuals and fami10 lies who will experience a premium decrease as a result 

11 of such requirements. 

12 (d) GAO AUDIT OF COMPARATIVE EFFECTIVENESS

13 RESEARCH FUNDING.—Not later than 60 days after the 

14 date of the enactment of this Act, the Comptroller General 

15 shall submit to Congress a report that includes the results 

16 of an audit of expenditures made for comparative effec17 tiveness research through funds provided to the Agency 

18 for Healthcare Research and Quality, the National Insti19 tutes of Health, or any other agency within the Depart20 ment of Health and Human Services under title VIII of 

21 the American Recovery and Reinvestment Act of 2009 

22 (Public Law 111–5) or under PPACA. Such report shall 

23 include a description of the expenditures made, the entities 

24 who received such funding, and the purpose of the fund25 ing. 


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1 (e) PPACA DEFINED.—In this section, the term 

2 ‘‘PPACA’’ means the Patient Protection and Affordable 

3 Care Act (Public Law 111–148) and includes the amend4 ments made by such Act, title I and subtitle B of title 

5 II of the Health Care and Education Reconciliation Act 

6 of 2010 (Public Law 111–152), and the amendments 

7 made by such title and subtitle. 

8 SEC. 1857. Of the funds made available for the Con9 sumer Operated and Oriented Plan Program under Sec10 tion 1322(g) of the Patient Protection and Affordable 

11 Care Act, $2,200,000,000 are hereby permanently can12 celled. 

13 FREE CHOICE VOUCHERS

14 SEC. 1858. (a) IN GENERAL.—Subsections (a), (b), 

15 (c), (d), and (e) of section 10108 of the Patient Protection 

16 and Affordable Care Act are repealed. 

17 (b) CONFORMING CHANGES TO TAX CODE.— 

18 (1) Section 36B(c)(2) of the Internal Revenue 

19 Code of 1986 is amended by striking subparagraph 

20 (D). 

21 (2)(A) Section 139D, as added by section 

22 10108 of PPACA, of such Code is repealed. 

23 (B) The table of sections for part III of sub24 chapter B of chapter 1 of such Code is amended by 

25 striking the item relating to section 139D, as added 

26 by section 10108 of PPACA. 


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1 (3) Section 162(a) of such Code is amended by 

2 striking the last sentence. 

3 (4) Section 4980H(b) of such Code is amended 

4 by striking paragraph (3). 

5 (5) Section 6056 of such Code is amended— 

6 (A) by striking ‘‘and every offering em7 ployer’’ in subsection (a), 

8 (B) in subsection (b)(2)(C)— 

9 (i) by striking ‘‘in the case of an ap10 plicable large employer,’’ in clause (i), 

11 (ii) by inserting ‘‘and’’ at the end of 

12 clause (iii), 

13 (iii) by striking ‘‘and’’ at the end of 

14 clause (iv), and 

15 (iv) by striking clause (v), 

16 (C) by striking ‘‘or offering employer’’ in 

17 subsections (d)(2) and (e), and 

18 (D) by amending subsection (f) to read as 

19 follows: 

20 ‘‘(f) DEFINITIONS.—For purposes of this section, any 

21 term used in this section which is also used in section 

22 4980H shall have the meaning given such term by section 

23 4980H.’’. 

24 (c) OTHER CONFORMING CHANGE.—Section 

25 18B(a)(3) of the Fair Labor Standards Act of 1938 (29 


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1 U.S.C. 218B) is amended by striking ‘‘and the employer 

2 does not offer a free choice voucher’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect as if included in the provisions 

5 of, and the amendments made by, the provisions of the 

6 Patient Protection and Affordable Care Act to which they 

7 relate. 

8 SEC. 1859. Of the funds made available for perform9 ance bonus payments under section 2105(a)(3)(E) of the 

10 Social Security Act, $3,500,000,000 are hereby perma11 nently cancelled. 

12 SEC. 1860. (a) Section 401(b) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1070a(b)) is amended— 

14 (1) in paragraph (2)(A)(ii), by striking ‘‘para15 graph (8)(B)’’ and inserting ‘‘paragraph (7)(B)’’; 

16 (2) by striking paragraph (5); 

17 (3) in paragraph (8)— 

18 (A) in subparagraph (A), by amending 

19 clause (iv) to read as follows: 

20 ‘‘(iv) to carry out this section— 

21 ‘‘(I) $13,500,000,000 for fiscal 

22 year 2011; 

23 ‘‘(II) $3,183,000,000 for fiscal 

24 year 2012; 

25 ‘‘(III) $0 for fiscal year 2013; 


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1 ‘‘(IV) $0 for fiscal year 2014; 

2 ‘‘(V) $0 for fiscal year 2015; 

3 ‘‘(VI) $0 for fiscal year 2016; 

4 ‘‘(VII) $1,060,000,000 for fiscal 

5 year 2017; 

6 ‘‘(VIII) $1,125,000,000 for fiscal 

7 year 2018; 

8 ‘‘(IX) $1,125,000,000 for fiscal 

9 year 2019; 

10 ‘‘(X) $1,140,000,000 for fiscal 

11 year 2020; and 

12 ‘‘(XI) $1,145,000,000 for fiscal 

13 year 2021 and each succeeding fiscal 

14 year.’’; and 

15 (B) in subparagraph (C)— 

16 (i) in clause (i)(I), by striking ‘‘clause 

17 (v)(II)’’ and inserting ‘‘clause (iv)(II)’’; 

18 and 

19 (ii) in clause (ii)(I), by striking 

20 ‘‘clause (v)(II)’’ and inserting ‘‘clause 

21 (iv)(II)’’; and 

22 (4) by redesignating paragraphs (6), (7), and 

23 (8) as paragraphs (5), (6), and (7), respectively. 


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1 (b) The amendment made by subsection (a)(2) shall 

2 be effective with respect to the 2011–2012 award year and 

3 succeeding award years. 

4 (c) Sections 482(c) and 492 of the Higher Education 

5 Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply 

6 to the amendments made by subsection (a)(2), or to any 

7 regulations promulgated under those amendments. 

8 (d) The requirements of 34 C.F.R. 690.64(b) shall 

9 not apply with respect to 2011 cross-over payment peri10 ods. 

11 SEC. 1861. Section 101 of Public Law 111–226 (124 

12 Stat. 2389) is amended by striking paragraph (11). 

13 SEC. 1862. Of the unobligated balances of funds 

14 made available in section 458(a)(7)(B) of the Higher Edu15 cation Act of 1965, $31,000,000 is rescinded. 

16 SEC. 1863. Within 30 days of the enactment of this 

17 division, each of the departments and related agencies 

18 funded in this title shall submit to the Committees on Ap19 propriations of the House of Representatives and the Sen20 ate a spending, expenditure, or operating plan for fiscal 

21 year 2011 at a level of detail below the account level. 

22 TITLE IX—LEGISLATIVE BRANCH 

23 SEC. 1901. Notwithstanding section 1101, the level 

24 for each of the following accounts of the Senate shall be 

25 as follows: ‘‘Salaries, Officers and Employees’’, 


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1 $185,982,000; ‘‘Salaries, Officers and Employees, Office 

2 of the Sergeant at Arms and Doorkeeper’’, $77,000,000; 

3 ‘‘Contingent Expenses of the Senate, Secretary of the Sen4 ate’’, $6,200,000, of which $4,200,000 shall remain avail5 able until September 30, 2015; and ‘‘Contingent Expenses 

6 of the Senate, Sergeant at Arms and Doorkeeper of the 

7 Senate’’, $142,401,000. 

8 SEC. 1902. Notwithstanding section 1101, the level 

9 for each of the following accounts of the Senate under the 

10 heading ‘‘Contingent Expenses of the Senate’’ shall be as 

11 follows: ‘‘Miscellaneous Items’’, $21,145,000; ‘‘Senators’ 

12 Official Personnel and Office Expense Account’’, 

13 $410,000,000: Provided, That each Senator’s official per14 sonnel and office expense allowance (including the allow15 ance for administrative and clerical assistance, the salaries 

16 allowance for legislative assistance to Senators, as author17 ized by the Legislative Branch Appropriation Act, 1978 

18 (Public Law 95–94), and the office expense allowance for 

19 each Senator’s office for each State) in effect immediately 

20 before the date of enactment of this section shall be re21 duced by 5 percent. 

22 SEC. 1903. Of the unobligated amounts appropriated 

23 for fiscal year 2009 under the heading ‘‘Senate’’, 

24 $33,500,000 are rescinded. 


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1 SEC. 1904. Section 8 of the Legislative Branch Ap2 propriations Act, 1990 (31 U.S.C. 1535 note) is amended 

3 by striking paragraph (3) and inserting the following: 

4 ‘‘(3) Agreement under paragraph (1) shall be in 

5 accordance with regulations prescribed by the Com6 mittee on Rules and Administration of the Senate.’’. 

7 SEC. 1905. Notwithstanding section 1101, the level 

8 for ‘‘House of Representatives, Salaries and Expenses’’ 

9 shall be $1,314,025,000. 

10 SEC. 1906. Notwithstanding section 1101, the level 

11 for ‘‘House of Representatives, House Leadership Offices’’ 

12 shall be $24,861,969, and the levels under that heading 

13 shall be as follows: 

14 (1) For the Office of the Speaker, $4,877,851. 

15 (2) For the Office of the Majority Floor Lead16 er, $2,432,808. 

17 (3) For the Office of the Minority Floor Lead18 er, $4,378,238. 

19 (4) For the Office of the Majority Whip, 

20 $2,105,373. 

21 (5) For the Office of the Minority Whip, 

22 $1,628,873. 

23 (6) For the Speaker’s Office for Legislative 

24 Floor Activities, $497,619. 


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1 (7) For the Republican Steering Committee, 

2 $940,674. 

3 (8) For the Republican Conference, $1,679,970. 

4 (9) For the Republican Policy Committee, 

5 $344,485. 

6 (10) For the Democratic Steering and Policy 

7 Committee, $1,319,273. 

8 (11) For the Democratic Caucus, $1,659,696. 

9 (12) For nine minority employees, $1,487,455. 

10 (13) For the training and program develop11 ment—majority, $277,807. 

12 (14) For the training and program develop13 ment—minority, $277,439. 

14 (15) For Cloakroom Personnel—majority, 

15 $477,469. 

16 (16) For Cloakroom Personnel—minority, 

17 $476,939. 

18 SEC. 1907. Notwithstanding section 1101, the level 

19 for ‘‘House of Representatives, Members’ Representa20 tional Allowances’’ shall be $613,052,000. 

21 SEC. 1908. Notwithstanding section 1101, the level 

22 for ‘‘House of Representatives, Committee Employees, 

23 Standing Committees, Special and Select’’ shall be 

24 $134,549,103, and the period of applicability referred to 


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1 in the proviso under that heading shall be December 31, 

2 2012. 

3 SEC. 1909. Notwithstanding section 1101, the level 

4 for ‘‘House of Representatives, Committee on Appropria5 tions’’ shall be $28,483,000, and the period of applica6 bility referred to in the proviso under that heading shall 

7 be December 31, 2012. 

8 SEC. 1910. Notwithstanding section 1101, the level 

9 for ‘‘House of Representatives, Salaries, Officers and Em10 ployees’’ shall be $193,326,000, and the level under that 

11 heading— 

12 (1) for the Office of the Clerk shall be 

13 $28,589,000; 

14 (2) for the Office of the Sergeant at Arms shall 

15 be $9,034,000; and 

16 (3) for the Office of the Chief Administrative 

17 Officer shall be $127,782,000. 

18 SEC. 1911. Notwithstanding section 1101, the level 

19 for ‘‘House of Representatives, Allowances and Expenses’’ 

20 shall be $319,752,928, and the level under that heading— 

21 (1) for Government contributions for health, re22 tirement, Social Security, and other applicable em23 ployee benefits shall be $282,976,856; 


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1 (2) for Business Continuity and Disaster Re2 covery shall be $22,912,072, of which $5,000,000 

3 shall remain available until expended; and 

4 (3) for the Wounded Warrior Program shall be 

5 $2,000,000. 

6 SEC. 1912. Notwithstanding section 1101, the level 

7 for ‘‘Joint Items, Joint Economic Committee’’ shall be 

8 $4,499,000. 

9 SEC. 1913. Notwithstanding section 1101, the level 

10 for ‘‘Joint Items, Joint Committee on Taxation’’ shall be 

11 $10,551,150. 

12 SEC. 1914. Notwithstanding section 1101, the level 

13 for ‘‘Office of the Attending Physician’’ shall be 

14 $3,407,000, and the level under that heading for reim15 bursement to the Department of the Navy for expenses 

16 incurred for staff and equipment shall be $2,426,000. 

17 SEC. 1915. Notwithstanding section 1101, the level 

18 for ‘‘Capitol Police, Salaries’’ shall be $277,688,000. 

19 SEC. 1916. Notwithstanding section 1101, the level 

20 for ‘‘Office of Compliance, Salaries and Expenses’’ shall 

21 be $4,085,150, and the period of availability referred to 

22 under such heading shall be September 30, 2012. 

23 SEC. 1917. Notwithstanding section 1101, the level 

24 for ‘‘Congressional Budget Office, Salaries and Expenses’’ 

25 shall be $46,865,000. 


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1 SEC. 1918. Notwithstanding section 1101, the period 

2 of availability for each item under the heading ‘‘Architect 

3 of the Capitol’’ may not extend beyond September 30, 

4 2015. 

5 SEC. 1919. Of the unobligated amounts appropriated 

6 from prior year appropriations under the heading ‘‘Archi7 tect of the Capitol’’ for the Capitol Visitor Center project, 

8 $14,600,000 are rescinded. 

9 SEC. 1920. Notwithstanding section 1101, the level 

10 for ‘‘Library of Congress, Salaries and Expenses’’ shall 

11 be $439,000,000, and the amount applicable under the 

12 fifth and seventh provisos under that heading shall be $0. 

13 SEC. 1921. Notwithstanding section 1101, the level 

14 for ‘‘Library of Congress, Copyright Office, Salaries and 

15 Expenses’’ shall be $54,476,000, of which not more than 

16 $30,751,000, to remain available until expended, shall be 

17 derived from collections credited to such appropriation 

18 during fiscal year 2011 under section 708(d) of title 17, 

19 United States Code, and the amount applicable under the 

20 third proviso under such heading shall be $36,612,000. 

21 SEC. 1922. Notwithstanding section 1101, the level 

22 for ‘‘Library of Congress, Congressional Research Service, 

23 Salaries and Expenses’’ shall be $111,240,000. 

24 SEC. 1923. Notwithstanding section 1101, the level 

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1 ically Handicapped, Salaries and Expenses’’ shall be 

2 $68,182,000. 

3 SEC. 1924. Notwithstanding section 1101, the level 

4 for ‘‘Government Printing Office, Government Printing 

5 Office Revolving Fund’’ shall be $1,659,000. 

6 SEC. 1925. Notwithstanding section 1101, the level 

7 for ‘‘Government Printing Office, Office of Superintendent 

8 of Documents, Salaries and Expenses’’ shall be 

9 $39,911,000, and the amounts authorized for producing 

10 and disseminating Congressional serial sets and other re11 lated publications to depository and other designated li12 braries shall apply to publications for fiscal years 2009 

13 and 2010. 

14 SEC. 1926. (a) Section 309(c) of the Legislative 

15 Branch Appropriations Act, 1999 (44 U.S.C. 305 note) 

16 is amended by striking paragraph (5). 

17 (b) The amendment made by subsection (a) shall take 

18 effect as if included in the enactment of the Legislative 

19 Branch Appropriations Act, 1999. 

20 SEC. 1927. Notwithstanding section 1101, the level 

21 for ‘‘Government Accountability Office, Salaries and Ex22 penses’’ shall be $547,349,000, the amount applicable 

23 under the first proviso under that heading shall be 

24 $9,400,000, the amount applicable under the second pro25 viso under that heading shall be $3,100,000, and the 


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1 amount applicable under the third proviso under that 

2 heading shall be $7,000,000. 

3 SEC. 1928. Notwithstanding section 1101, the level 

4 for ‘‘Open World Leadership Center Trust Fund’’ shall 

5 be $11,400,000. 

6 TITLE X—MILITARY CONSTRUCTION, 

7 VETERANS AFFAIRS, AND RELATED AGENCIES 

8 SEC. 2001. Notwithstanding section 1101, the level 

9 for each of the following accounts of the Department of 

10 Defense for funding, including incremental funding, of 

11 programs, projects and activities authorized in division B 

12 of Public Law 111-383, excluding funds designated by sec13 tion 1110 of this division, shall be as follows: ‘‘Military 

14 Construction, Army’’, $3,787,598,000; ‘‘Military Con15 struction, Navy and Marine Corps’’, $3,303,611,000; 

16 ‘‘Military Construction, Air Force’’, $1,106,995,000; 

17 ‘‘Military Construction, Defense-Wide’’, $2,873,062,000; 

18 ‘‘Military Construction, Army National Guard’’, 

19 $873,664,000; ‘‘Military Construction, Air National 

20 Guard’ ’’, $194,986,000; ‘‘Military Construction, Army 

21 Reserve’’, $318,175,000; ‘‘Military Construction, Navy 

22 Reserve’’, $61,557,000; and ‘‘Military Construction, Air 

23 Force Reserve’’, $7,832,000: Provided, That not later 

24 than 30 days after the date of the enactment of this sec25 tion, the Secretary of Defense shall submit to the CommitVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 tees on Appropriations of the House of Representatives 

2 and the Senate a spending plan for fiscal year 2011 at 

3 a level of detail below the account level. 

4 SEC. 2002. Notwithstanding section 1101, the level 

5 for each of the following accounts of the Department of 

6 Defense shall be as follows: ‘‘Family Housing Construc7 tion, Army’’, $92,369,000; ‘‘Family Housing Construc8 tion, Navy and Marine Corps’’, $186,444,000; ‘‘Family 

9 Housing Construction, Air Force’’, $78,025,000; ‘‘Family 

10 Housing Construction, Defense-Wide’’, $0; and ‘‘Family 

11 Housing Improvement Fund’’, $1,096,000. 

12 SEC. 2003. Notwithstanding section 1101, the level 

13 for each of the following accounts of the Department of 

14 Defense shall be as follows: ‘‘North Atlantic Treaty Orga15 nization Security Investment Program’’, $258,884,000; 

16 ‘‘Homeowners Assistance Fund’’, $16,515,000; ‘‘Chemical 

17 Demilitarization Construction, Defense-Wide’’, 

18 $124,971,000; ‘‘Department of Defense Base Closure Ac19 count 1990’’, $360,474,000; and ‘‘Department of Defense 

20 Base Closure Account 2005’’, $2,354,285,000. 

21 SEC. 2004. Notwithstanding section 1101, the level 

22 for each of the following accounts of the Department of 

23 Defense shall be as follows: ‘‘Family Housing Operation 

24 and Maintenance, Army’’, $518,140,000; ‘‘Family Hous25 ing Operation and Maintenance, Navy and Marine Corps’’, 


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1 $366,346,000; ‘‘Family Housing Operation and Mainte2 nance, Air Force’’, $513,792,000; and ‘‘Family Housing 

3 Operation and Maintenance, Defense-Wide’’, 

4 $50,464,000. 

5 SEC. 2005. Of the funds designated by section 1110 

6 of this division, funds available for the Department of De7 fense shall be as follows: ‘‘Military Construction, Army’’, 

8 $981,346,000; ‘‘Military Construction, Air Force’’, 

9 $195,006,000; and ‘‘Military Construction, Defense10 Wide’’, $46,500,000. 

11 SEC. 2006. Notwithstanding any other provision of 

12 this division, the following provisions included in title I 

13 of division E of Public Law 111–117 shall not apply to 

14 funds made available by this division: the first, second, 

15 and last provisos, and the set-aside of $350,000,000, 

16 under the heading ‘‘Military Construction, Army’’; the 

17 first and last provisos under the heading ‘‘Military Con18 struction, Navy and Marine Corps’’; the first, second, and 

19 last provisos under the heading ‘‘Military Construction, 

20 Air Force’’; the second, third, fourth, and last provisos 

21 under the heading ‘‘Military Construction, Defense-Wide’’, 

22 the first, second and last provisos, and the set-aside of 

23 $30,000,000, under the heading ‘‘Military Construction, 

24 Army National Guard’’; the first, second, and last pro25 visos, and the set-aside of $30,000,000, under the heading 


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1 ‘‘Military Construction, Air National Guard’’; the first, 

2 second, and last provisos, and the set-aside of 

3 $30,000,000, under the heading ‘‘Military Construction, 

4 Army Reserve’’; the first, second, and last provisos, the 

5 set-aside of $20,000,000, and the set-aside of 

6 $35,000,000, under the heading ‘‘Military Construction, 

7 Navy Reserve’’; the first, second, and last provisos, and 

8 the set-aside of $55,000,000, under the heading ‘‘Military 

9 Construction, Air Force Reserve’’; the proviso under the 

10 heading ‘‘Family Housing Construction, Army’’; the pro11 viso under the heading ‘‘Family Housing Construction, 

12 Navy and Marine Corps’’; the proviso under the heading 

13 ‘‘Family Housing Construction , Air Force’’; the proviso 

14 under the heading ‘‘Family Housing Construction, De15 fense-Wide’’; and the proviso under the heading ‘‘Chemical 

16 Demilitarization Construction, Defense-Wide’’. 

17 SEC. 2007. Notwithstanding any other provision of 

18 this division, the following provisions included in title IV 

19 of division E of Public Law 111–117 shall not apply to 

20 funds appropriated by this division: the proviso under 

21 ‘‘Military Construction, Army’’ and the proviso under 

22 ‘‘Military Construction, Air Force’’. 

23 SEC. 2008. Of the funds made available for ‘‘Military 

24 Construction, Defense-Wide’’ in title I of division E of 

25 Public Law 110–329, $23,000,000 are rescinded. 


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1 SEC. 2009. Of the funds made available for ‘‘Military 

2 Construction, Defense-Wide’’ in title I of division E of 

3 Public Law 111–117, $125,500,000 are rescinded. 

4 SEC. 2010. Of the funds made available for ‘‘Military 

5 Construction, Army’’ in title I of division E of Public Law 

6 111–117, $263,000,000 are rescinded. 

7 SEC. 2011. Of the funds made available for ‘‘Military 

8 Construction, Navy and Marine Corps’’ in title I of divi9 sion E of Public Law 111-117, $61,050,000 are rescinded. 

10 SEC. 2012. Of the funds made available for ‘‘Military 

11 Construction, Air Force’’ in title I of division E of Public 

12 Law 111-117, $121,700,000 are rescinded. 

13 SEC. 2013. Of the unobligated balances available for 

14 ‘‘Department of Defense Base Closure Account 2005’’ 

15 from prior appropriations (other than appropriations des16 ignated by law as being for contingency operations directly 

17 related to the global war on terrorism or as an emergency 

18 requirement), $232,363,000 are rescinded. 

19 SEC. 2014. (a) Of the funds made available in title 

20 II of division E of Public Law 111-117, the following 

21 amounts which became available on October 1, 2010 are 

22 hereby rescinded from the following accounts in the 

23 amounts specified: 

24 (1) ‘‘Department of Veterans Affairs, Medical Serv25 ices’’, $1,000,000,000; 


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1 (2) ‘‘Department of Veterans Affairs, Medical Sup2 port and Compliance’’, $100,000,000; and 

3 (3) ‘‘Department of Veterans Affairs, Medical Facili4 ties’’, $100,000,000. 

5 (b) In addition to amounts provided elsewhere in this 

6 Act, an additional amount is appropriated to the following 

7 accounts in the amounts specified, to remain available 

8 until September 30, 2012: 

9 (1) ‘‘Department of Veterans Affairs, Medical 

10 Services’’, $1,000,000,000; 

11 (2) ‘‘Department of Veterans Affairs, Medical 

12 Support and Compliance’’, $100,000,000; and 

13 (3) ‘‘Department of Veterans Affairs, Medical 

14 Facilities’’, $100,000,000. 

15 SEC. 2015. Notwithstanding section 1118, the levels 

16 for each of the following accounts for fiscal year 2012 

17 shall be as follows: 

18 (1) ‘‘Department of Veterans Affairs, Medical 

19 Services’’, $39,649,985,000, which shall become 

20 available on October 1, 2011, and shall remain avail21 able until September 30, 2012. 

22 (2) ‘‘Department of Veterans Affairs, Medical 

23 Support and Compliance’’, $5,535,000,000, which 

24 shall become available on October 1, 2011, and shall 

25 remain available until September 30, 2012. 


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1 (3) ‘‘Department of Veterans Affairs, Medical 

2 Facilities’’, $5,426,000,000, which shall become 

3 available on October 1, 2011, and shall remain avail4 able until September 30, 2012. 

5 SEC. 2016. Of the discretionary funds made available 

6 to the Department of Veterans Affairs for fiscal year 

7 2011, $34,000,000 are rescinded from ‘‘Medical Support 

8 and Compliance’’ and $15,000,000 are rescinded from 

9 ‘‘Medical Facilities’’, which shall be derived from amounts 

10 estimated for the January 2011 civilian pay raise. 

11 SEC. 2017. Of the amounts appropriated to the De12 partment of Veterans Affairs for fiscal year 2011 for 

13 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 

14 ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and 

15 ‘‘Information Technology Systems’’, up to $235,360,000, 

16 plus reimbursements, may be transferred to the Joint De17 partment of Defense-Department of Veterans Affairs 

18 Medical Facility Demonstration Fund, established by sec19 tion 1704 of title XVII of division A of Public Law 111– 

20 84 and may be used for operation of the facilities des21 ignated as combined Federal medical facilities as de22 scribed by section 706 of Public Law 110–417: Provided, 

23 That additional funds may be transferred from accounts 

24 designated in this section to the Joint Department of De25 fense-Department of Veterans Affairs Medical Facility 


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1 Demonstration Fund upon written notification by the Sec2 retary of Veterans Affairs to the Committees on Appro3 priations of both Houses of Congress. 

4 SEC. 2018. Such sums as may be deposited to the 

5 Medical Care Collections Fund pursuant to section 1729A 

6 of title 38, United States Code, for health care provided 

7 at facilities designated as combined Federal medical facili8 ties as described by section 706 of Public Law 110–417 

9 shall also be available: (1) for transfer to the Joint De10 partment of Defense-Department of Veterans Affairs 

11 Medical Facility Demonstration Fund, established by sec12 tion 1704 of title XVII of division A of Public Law 111– 

13 84; and (2) for operations of the facilities designated as 

14 combined Federal medical facilities as described by section 

15 706 of Public Law 110–417. 

16 SEC. 2019. Notwithstanding section 1101, the level 

17 for ‘‘Department of Veterans Affairs, Departmental Ad18 ministration, General Operating Expenses’’ shall be 

19 $2,534,276,000, of which not less than $2,136,776,000 

20 shall be for the Veterans Benefits Administration: Pro21 vided, That no funds shall be available for the printer on 

22 every desk initiative. 

23 SEC. 2020. Notwithstanding section 1101, the level 

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1 ministration, Information Technology Systems’’ shall be 

2 $3,146,898,000. 

3 SEC. 2021. Of the funds made available for ‘‘Depart4 ment of Veterans Affairs, Departmental Administration, 

5 Information Technology Systems’’ in title II of division E 

6 of Public Law 111–117, $147,000,000 are rescinded. 

7 SEC. 2022. Notwithstanding section 1101, the level 

8 for ‘‘Department of Veterans Affairs, Departmental Ad9 ministration, Construction, Major Projects’’ shall be 

10 $1,151,036,000: Provided, That not later than 30 days 

11 after the date of the enactment of this section, the Sec12 retary of Veterans Affairs shall submit to the Committees 

13 on Appropriations of the House of Representatives and the 

14 Senate a spending plan for fiscal year 2011 at a level of 

15 detail below the account level: Provided further, That the 

16 last proviso included in title II of division E of Public Law 

17 111–117 under the heading ‘‘Department of Veterans Af18 fairs, Departmental Administration, Construction, Major 

19 Projects’’ shall not apply to funds appropriated by this 

20 division. 

21 SEC. 2023. Of the unobligated balances available 

22 under ‘‘Department of Veterans Affairs, Departmental 

23 Administration, Construction, Major Projects’’ to be de24 rived from accounts in prior appropriations Acts and that 

25 were not designated by the Congress in such Acts as an 


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1 emergency requirement pursuant to a concurrent resolu2 tion on the budget or the Balanced Budget and Emer3 gency Deficit Control Act of 1985, $75,000,000 are re4 scinded. 

5 SEC. 2024. Notwithstanding section 1101, the level 

6 for ‘‘Department of Veterans Affairs, Departmental Ad7 ministration, Construction, Minor Projects’’ shall be 

8 $467,700,000. 

9 SEC. 2025. Notwithstanding section 1101, the level 

10 for ‘‘Department of Veterans Affairs, Departmental Ad11 ministration, Grants for Construction of State Extended 

12 Care Facilities’’ shall be $85,000,000. 

13 SEC. 2026. Notwithstanding section 1101, the level 

14 for ‘‘American Battle Monuments Commission, Salaries 

15 and Expenses’’ shall be $64,200,000, to remain available 

16 until expended. 

17 SEC. 2027. Notwithstanding section 1101, the level 

18 for ‘‘United States Court of Appeals for Veterans Claims, 

19 Salaries and Expenses’’ shall be $27,615,000, of which 

20 $2,320,000 shall be available for the purpose of providing 

21 financial assistance as described under this heading in 

22 Public Law 102-229. 

23 SEC. 2028. Notwithstanding section 1101, the level 

24 for ‘‘Department of Defense – Civil, Cemeterial Expenses, 


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1 Army, Salaries and Expenses’’ shall be $45,100,000, to 

2 remain available until expended. 

3 SEC. 2029. Notwithstanding section 1101, the level 

4 for ‘‘Armed Forces Retirement Home, Trust Fund’’ shall 

5 be $71,200,000, of which $2,000,000 shall be for con6 struction and renovation of physical plants. 

7 SEC. 2030. In the Senate, section 902 of Public Law 

8 111–212, the Supplemental Appropriations Act, 2010, 

9 shall be subject to section 3002 of that Act and accord10 ingly is designated as an emergency requirement and nec11 essary to meet emergency needs pursuant to section 

12 403(a) of S. Con. Res. 13 (111th Congress), the concur13 rent resolution on the budget for fiscal year 2010. 

14 TITLE XI—DEPARTMENT OF STATE, FOREIGN 

15 OPERATIONS, AND RELATED PROGRAMS 

16 SEC. 2101. For purposes of this title, the term ‘‘divi17 sion F of Public Law 111–117’’ means the Department 

18 of State, Foreign Operations, and Related Programs Ap19 propriations Act, 2010 (division F of Public Law 111– 

20 117). 

21 SEC. 2102. Notwithstanding section 1101, the level 

22 for each of the following accounts shall be as follows: ‘‘Ad23 ministration of Foreign Affairs, Diplomatic and Consular 

24 Programs’’, $8,790,000,000, of which $1,500,000,000 is 

25 for Worldwide Security Protection (to be available until 


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1 expended); ‘‘Administration of Foreign Affairs, Capital 

2 Investment Fund’’, $59,499,000; ‘‘Administration of For3 eign Affairs, Emergencies in the Diplomatic and Consular 

4 Service’’, $9,499,000; ‘‘Administration of Foreign Affairs, 

5 Representation Allowances’’, $7,499,000; ‘‘Administration 

6 of Foreign Affairs, Payment to the American Institute in 

7 Taiwan’’, $21,150,000; and ‘‘Administration of Foreign 

8 Affairs, Civilian Stabilization Initiative’’, $35,000,000. 

9 SEC. 2103. Notwithstanding section 1101, the level 

10 for each of the following accounts shall be as follows: ‘‘Re11 lated Programs, United States Institute of Peace’’, 

12 $39,499,000, which shall not be used for construction ac13 tivities; ‘‘Related Programs, East-West Center’’, 

14 $21,000,000; ‘‘International Commissions, International 

15 Fisheries Commissions’’, $50,500,000; ‘‘International Or16 ganizations, Contributions to International Organiza17 tions’’, $1,581,815,000; and ‘‘International Organiza18 tions, Contributions for International Peacekeeping Activi19 ties’’, $1,887,706,000. 

20 SEC. 2104. Notwithstanding section 1101, the level 

21 for each of the following accounts shall be as follows: 

22 ‘‘International Commissions, International Boundary and 

23 Water Commission, United States and Mexico, Salaries 

24 and Expenses’’, $43,300,000; ‘‘International Commis25 sions, International Boundary and Water Commission, 


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1 United States and Mexico, Construction’’, $26,500,000; 

2 and ‘‘Related Programs, The Asia Foundation’’, 

3 $17,900,000. 

4 SEC. 2105. Notwithstanding section 1101, the level 

5 for each of the following accounts shall be as follows: ‘‘Re6 lated Agency, Broadcasting Board of Governors, Inter7 national Broadcasting Operations’’, $731,500,000; and 

8 ‘‘Related Agency, Broadcasting Board of Governors, 

9 Broadcasting Capital Improvements’’, $6,875,000. 

10 SEC. 2106. Notwithstanding section 1101, the level 

11 for each of the following accounts shall be as follows: ‘‘Ad12 ministration of Foreign Affairs, Educational and Cultural 

13 Exchange Programs’’, $600,000,000; ‘‘Bilateral Economic 

14 Assistance, Independent Agencies, Inter-American Foun15 dation’’, $22,499,000; and ‘‘Bilateral Economic Assist16 ance, Independent Agencies, African Development Foun17 dation’’, $29,500,000. 

18 SEC. 2107. Notwithstanding section 1101, the level 

19 for each of the following accounts shall be as follows: 

20 ‘‘United States Agency for International Development, 

21 Funds Appropriated to the President, Operating Ex22 penses’’, $1,350,000,000; ‘‘United States Agency for 

23 International Development, Funds Appropriated to the 

24 President, Civilian Stabilization Initiative’’, $5,000,000; 

25 ‘‘United States Agency for International Development, 


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1 Funds Appropriated to the President, Capital Investment 

2 Fund’’, $130,000,000; and ‘‘United States Agency for 

3 International Development, Funds Appropriated to the 

4 President, Office of Inspector General’’, $45,000,000. 

5 SEC. 2108. Notwithstanding section 1101, the level 

6 for each of the following accounts shall be as follows: ‘‘Bi7 lateral Economic Assistance, Funds Appropriated to the 

8 President, Development Assistance’’, $2,525,000,000; 

9 ‘‘Bilateral Economic Assistance, Funds Appropriated to 

10 the President, Complex Crises Fund’’, $40,000,000; ‘‘Bi11 lateral Economic Assistance, Funds Appropriated to the 

12 President, Assistance for Europe, Eurasia and Central 

13 Asia’’, $697,134,000; ‘‘Bilateral Economic Assistance, 

14 Independent Agencies, Peace Corps’’, $375,000,000; and 

15 ‘‘Bilateral Economic Assistance, Independent Agencies, 

16 Millennium Challenge Corporation’’, $900,000,000. 

17 SEC. 2109. Notwithstanding section 1101, the level 

18 for each of the following accounts shall be as follows: ‘‘Bi19 lateral Economic Assistance, Funds Appropriated to the 

20 President, Economic Support Fund’’, $5,958,101,000; 

21 ‘‘Bilateral Economic Assistance, Funds Appropriated to 

22 the President, Democracy Fund’’, $115,000,000; ‘‘De23 partment of the Treasury, International Affairs Technical 

24 Assistance’’, $25,499,000; and ‘‘Department of the Treas25 ury, Debt Restructuring’’, $50,000,000. 


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1 SEC. 2110. Notwithstanding section 1101, the level 

2 for each of the following accounts shall be as follows: ‘‘Bi3 lateral Economic Assistance, Funds Appropriated to the 

4 President, International Disaster Assistance’’, 

5 $865,000,000; ‘‘Bilateral Economic Assistance, Depart6 ment of State, Migration and Refugee Assistance’’, 

7 $1,690,000,000; and ‘‘Bilateral Economic Assistance, De8 partment of State, United States Emergency Refugee and 

9 Migration Assistance Fund’’, $50,000,000: Provided, That 

10 the authorities and requirements under section 2(c)(1) of 

11 the Migration and Refugee Assistance Act of 1962 (22 

12 U.S.C. 2601(c)(1)) may be exercised and fulfilled by the 

13 Secretary of State for the purpose of meeting unexpected, 

14 urgent refugee and migration needs, and with respect to 

15 funds appropriated to carry out section 2(c) of such Act 

16 in this division and in prior Acts making appropriations 

17 for the Department of State, foreign operations, and re18 lated programs. 

19 SEC. 2111. Notwithstanding section 1101, the level 

20 for each of the following accounts shall be as follows: 

21 ‘‘International Security Assistance, Department of State, 

22 Nonproliferation, Anti-terrorism, Demining and Related 

23 Programs’’, $740,000,000; and ‘‘International Security 

24 Assistance, Department of State, Peacekeeping Oper25 ations’’, $305,000,000: Provided, That division F of PubVerDate Mar 15 2010 03:27 Apr 12, 2011 Jkt 099200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\H1473.IH H1473

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1 lic Law 111–117 shall be applied to funds appropriated 

2 by this division under the heading ‘‘Peacekeeping Oper3 ations’’ by adding the following at the end: ‘‘: Provided 

4 further, That funds appropriated under this heading that 

5 are available for assistance for Chad, Sudan, Somalia, and 

6 the Democratic Republic of the Congo should not be used 

7 to support any military training or operations that include 

8 child soldiers’’. 

9 SEC. 2112. (a) Notwithstanding section 1101, the 

10 level for each of the following accounts shall be as follows: 

11 ‘‘International Security Assistance, Funds Appropriated 

12 to the President, International Military Education and 

13 Training’’, $106,000,000; and ‘‘International Security As14 sistance, Funds Appropriated to the President, Foreign 

15 Military Financing Program’’, $5,385,000,000, of which 

16 not less than $3,000,000,000 shall be available for grants 

17 only for Israel, $1,300,000,000 shall be available for 

18 grants only for Egypt, $300,000,000 shall be available for 

19 assistance for Jordan, and up to $50,000,000 should be 

20 available for assistance for Colombia: Provided, That the 

21 dollar amount in the fourth proviso of the first paragraph 

22 under the heading ‘‘International Security Assistance, 

23 Funds Appropriated to the President, Foreign Military Fi24 nancing Program’’ of division F of Public Law 111–117 

25 shall be deemed to be for the purposes of this Act, 


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1 $789,000,000: Provided further, That the second para2 graph under the heading ‘‘International Security Assist3 ance, Funds Appropriated to the President, Foreign Mili4 tary Financing Program’’ in division F of Public Law 

5 111–117 shall be applied to funds appropriated by this 

6 division by inserting after the second proviso in such para7 graph the following: ‘‘: Provided further, That funds ap8 propriated under this heading shall not be disbursed for 

9 assistance for Chad until the Secretary of State reports 

10 to the Committees on Appropriations on steps being taken 

11 by the Government of Chad to implement a plan of action 

12 to end the recruitment and use of child soldiers, including 

13 the demobilization of child soldiers’’. 

14 (b) The authorities contained under the heading 

15 ‘‘International Security Assistance, Funds Appropriated 

16 to the President, Pakistan Counterinsurgency Capability 

17 Fund’’ in title XI of Public Law 111–32 shall remain in 

18 effect until September 30, 2012. 

19 SEC. 2113. Notwithstanding section 1101, the level 

20 for each of the following accounts shall be as follows: 

21 ‘‘Multilateral Assistance, Funds Appropriated to the 

22 President, International Organizations and Programs’’, 

23 $355,000,000, of which up to $10,000,000 may be made 

24 available for the International Panel on Climate Change/ 

25 United Nations Framework Convention on Climate 


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1 Change; ‘‘Multilateral Assistance, International Financial 

2 Institutions, Global Environment Facility’’, $90,000,000; 

3 ‘‘Multilateral Assistance, International Financial Institu4 tions, Contribution to the International Development As5 sociation’’, $1,235,000,000; ‘‘Multilateral Assistance, 

6 International Financial Institutions, Contribution to the 

7 Clean Technology Fund’’, $185,000,000; ‘‘Multilateral 

8 Assistance, International Financial Institutions, Contribu9 tion to the Strategic Climate Fund’’, $50,000,000; ‘‘Multi10 lateral Assistance, International Financial Institutions, 

11 Contribution to the Inter-American Development Bank’’, 

12 $21,000,000; ‘‘Multilateral Assistance, International Fi13 nancial Institutions, Contribution to the African Develop14 ment Fund’’, $110,000,000; and ‘‘Multilateral Assistance, 

15 International Financial Institutions, International Fund 

16 for Agricultural Development’’, $29,499,000. 

17 SEC. 2114. Notwithstanding section 1101, the level 

18 for each of the following accounts shall be as follows: ‘‘Ex19 port and Investment Assistance, Overseas Private Invest20 ment Corporation, Program Account’’, $18,115,000; and 

21 ‘‘Export and Investment Assistance, Funds Appropriated 

22 to the President, Trade and Development Agency’’, 

23 $50,000,000. 

24 SEC. 2115. (a) Notwithstanding section 1101, the 

25 amounts included under the heading ‘‘Administration of 


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1 Foreign Affairs, Embassy Security, Construction and 

2 Maintenance’’ in division F of Public Law 111–117 shall 

3 be applied to funds appropriated by this division as fol4 lows: by substituting ‘‘$825,000,000’’ for ‘‘$876,850,000’’ 

5 in the first paragraph; and by substituting 

6 ‘‘$795,000,000’’ for ‘‘$847,300,000’’ in the second para7 graph. 

8 (b) Notwithstanding section 1101, the amounts in9 cluded under the heading ‘‘Bilateral Economic Assistance, 

10 Funds Appropriated to the President, Development Credit 

11 Authority’’ in division F of Public Law 111–117 shall be 

12 applied to funds appropriated by this division as follows: 

13 by substituting ‘‘$30,000,000’’ for ‘‘$25,000,000’’ in the 

14 first paragraph; and by substituting ‘‘$8,300,000’’ for 

15 ‘‘$8,600,000’’ in the second paragraph. 

16 SEC. 2116. Notwithstanding section 1101, the 

17 amounts included under the heading ‘‘Bilateral Economic 

18 Assistance, Funds Appropriated to the President, Global 

19 Health and Child Survival’’ in division F of Public Law 

20 111–117 shall be applied to funds appropriated by this 

21 division as follows: by substituting in the first paragraph 

22 ‘‘$2,500,000,000’’ for ‘‘$2,420,000,000’’; and by sub23 stituting in the second paragraph ‘‘$5,345,000,000’’ for 

24 ‘‘$5,359,000,000’’. 


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1 SEC. 2117. Notwithstanding section 1101, the level 

2 for each of the following accounts shall be $0: ‘‘Adminis3 tration of Foreign Affairs, Buying Power Maintenance Ac4 count’’; ‘‘Bilateral Economic Assistance, Funds Appro5 priated to the President, International Fund for Ireland’’; 

6 and ‘‘Multilateral Assistance, International Financial In7 stitutions, Contribution to the Asian Development Fund’’. 

8 SEC. 2118. (a) Of the unobligated balances available 

9 from funds appropriated under the heading ‘‘Export and 

10 Investment Assistance, Export-Import Bank of the United 

11 States, Subsidy Appropriation’’ in the Department of 

12 State, Foreign Operations, and Related Programs Appro13 priations Act, 2009 (division H of Public Law 111–8) and 

14 under such heading in prior Acts making appropriations 

15 for the Department of State, foreign operations, and re16 lated programs, $275,000,000 are rescinded. 

17 (b) Of the unobligated balances from funds appro18 priated or otherwise made available for the Buying Power 

19 Maintenance Account, $17,000,000 are rescinded. 

20 (c) Of the unobligated balances available for the De21 velopment Assistance account, as identified by Treasury 

22 Appropriation Fund Symbols 7206/111021, $1,000,000 

23 are rescinded. 

24 (d) Of the unobligated balances available for the As25 sistance for the Independent States of the Former Soviet 


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1 Union account, as identified by Treasury Appropriation 

2 Fund Symbols 7206/111093, 7207/121093, and 

3 72X1093, $11,700,000 are rescinded. 

4 (e) Of the unobligated balances available for the 

5 International Narcotics Control and Law Enforcement ac6 count, as identified by Treasury Appropriation Fund Sym7 bols, 11X1022, 1106/121022, and 191105/111022, 

8 $7,183,000 are rescinded. 

9 (f) Of the funds appropriated in prior Acts making 

10 appropriations for the Department of State, foreign oper11 ations, and related programs under the heading ‘‘Diplo12 matic and Consular Programs’’, $55,000,000, which shall 

13 be from amounts made available for Worldwide Security 

14 Protection, are rescinded: Provided, That no amounts may 

15 be rescinded from amounts that were designated by Con16 gress as an emergency requirement pursuant to a concur17 rent resolution on the budget or the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 (g) Of the funds appropriated in prior Acts making 

20 appropriations for the Department of State, foreign oper21 ations, and related programs under the heading ‘‘Bilateral 

22 Economic Assistance, Funds Appropriated to the Presi23 dent, Economic Support Fund’’, $120,000,000 are re24 scinded: Provided, That no amounts may be rescinded 

25 from amounts that were designated by Congress as an 


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1 emergency requirement pursuant to a concurrent resolu2 tion on the budget or the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 

4 (h) Of the unobligated funds made available to the 

5 Secretary of State pursuant to section 286(v)(2)(A) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1356(v)(2)(A)), $140,000,000 are hereby permanently 

8 canceled. 

9 (i) Of the unobligated funds appropriated in prior 

10 Acts making appropriations for the Department of State, 

11 foreign operations, and related programs under the head12 ing ‘‘Bilateral Economic Assistance, Funds Appropriated 

13 to the President, Assistance for Europe, Eurasia and Cen14 tral Asia’’, $19,000,000 are rescinded: Provided, That no 

15 amounts may be rescinded from amounts that were des16 ignated by Congress as an emergency requirement pursu17 ant to a concurrent resolution on the budget or the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 

19 SEC. 2119. (a) Notwithstanding section 653(b) of the 

20 Foreign Assistance Act of 1961 (22 U.S.C. 2413(b)), the 

21 President shall transmit the report required under section 

22 653(a) of that Act with respect to the provision of funds 

23 appropriated or otherwise made available by this division 

24 for the Department of State, foreign operations, and re25 lated programs: Provided, That such report shall include 


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1 a comparison of amounts, by category of assistance, pro2 vided or intended to be provided from funds appropriated 

3 for fiscal years 2010 and 2011, for each foreign country 

4 and international organization. 

5 (b) Not later than 30 days after the date of enact6 ment of this Act, each department, agency or organization 

7 funded by this title or by division F of Public Law 111– 

8 117 shall submit to the Committees on Appropriations an 

9 operating plan for such funds that provides details at the 

10 program, project, and activity level: Provided, That the re11 port required under subsection (a) shall be considered to 

12 have met the requirements of this subsection with respect 

13 to funds made available to carry out the Foreign Assist14 ance Act of 1961 and the Arms Export Control Act: Pro15 vided further, That the spending reports required in divi16 sion F of Public Law 111–117 for assistance for Afghani17 stan, Pakistan, Iraq, the Caribbean Basin, Lebanon, Mex18 ico, and Central America, and spending reports required 

19 for funds appropriated under the headings ‘‘Diplomatic 

20 and Consular Programs’’, ‘‘Embassy Security, Construc21 tion, and Maintenance’’, ‘‘International Narcotics Control 

22 and Law Enforcement’’, ‘‘Civilian Stabilization Initia23 tive’’, and ‘‘Peace Corps’’ shall be considered to have met 

24 the requirements of this subsection. 


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1 (c) The reports required under subsection (b) shall 

2 not be considered as meeting the notification requirements 

3 under section 7015 of division F of Public Law 111–117 

4 or under section 634A of the Foreign Assistance Act of 

5 1961. 

6 (d) The Secretary of State shall consult with the 

7 Committees on Appropriations prior to implementing the 

8 rescissions made pursuant to section 2118 of this division, 

9 other than rescissions made pursuant to subsection (a) of 

10 such section. 

11 SEC. 2120. (a) Notwithstanding any other provision 

12 of this division, the dollar amounts under paragraphs (1) 

13 through (4) under the heading ‘‘Administration of Foreign 

14 Affairs, Diplomatic and Consular Programs’’ in division 

15 F of Public Law 111–117 shall not apply to funds appro16 priated by this division: Provided, That the dollar amounts 

17 to be derived from fees collected under paragraph (5)(A) 

18 under such heading shall be ‘‘$1,702,904’’ and 

19 ‘‘$505,000’’, respectively. 

20 (b)(1) Division F of Public Law 111–117 shall be ap21 plied to funds appropriated by this division under the 

22 heading ‘‘International Organizations, Contributions for 

23 International Peacekeeping Activities’’ by adding at the 

24 end before the period the following: ‘‘: Provided further, 

25 That the Secretary of State should work with the United 


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1 Nations and governments contributing peacekeeping 

2 troops to develop effective vetting procedures to ensure 

3 that such troops have not violated human rights: Provided 

4 further, That notwithstanding any other provision of law, 

5 funds provided under the heading ‘‘International Organi6 zations, Contributions for International Peacekeeping Ac7 tivities’’ shall be available for United States assessed con8 tributions up to the amount specified in Annex IV accom9 panying United Nations General Assembly Resolution 64/ 

10 220: Provided further, That such funds may be made 

11 available only if the Secretary of State determines that 

12 it is in the national interest of the United States’’. 

13 (2) Division F of Public Law 111–117 shall be ap14 plied to funds appropriated by this division under the 

15 heading ‘‘United States Agency for International Develop16 ment, Funds Appropriated to the President, Operating 

17 Expenses’’ by substituting ‘‘USAID mission, bureau, or 

18 office’’ for ‘‘USAID overseas mission or office’’ in the 

19 sixth proviso. 

20 (3) Division F of Public Law 111–117 shall be ap21 plied to funds appropriated by this division under the 

22 heading ‘‘Bilateral Economic Assistance, Funds Appro23 priated to the President, Development Assistance’’ by sub24 stituting ‘‘should’’ for ‘‘shall’’ each place it appears. 


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1 (c) Division F of Public Law 111–117 shall be ap2 plied to funds appropriated by this division under the 

3 heading ‘‘Bilateral Economic Assistance, Funds Appro4 priated to the President, Economic Support Fund’’— 

5 (1) by substituting— 

6 (A) ‘‘should’’ for ‘‘shall’’ in the fourth pro7 viso; 

8 (B) ‘‘$200,000,000’’ for ‘‘$150,000,000’’ 

9 in the seventh proviso; and 

10 (C) ‘‘$195,000,000 should’’ for 

11 ‘‘$209,790,000 shall’’ in the sixteenth proviso; 

12 and 

13 (2) by adding at the end before the period the 

14 following: ‘‘: Provided further, That funds appro15 priated under this heading may be made available 

16 for activities to support the economic and social de17 velopment and reconciliation goals of Public Law 99- 

18 415, and should not be made available for a con19 tribution: Provided further, That not less than 

20 $15,500,000 of the funds appropriated under this 

21 heading should be made available for remediation 

22 activities, and not less than $3,000,000 should be 

23 made available for related health activities, ref24 erenced in section 7071(j) of this Act’’. 


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1 (d) Notwithstanding any other provision of this divi2 sion, the following provisions in division F of Public Law 

3 111–117 shall not apply to funds appropriated by this di4 vision: 

5 (1) Section 7034(l). 

6 (2) Section 7042(a), (b)(1), (c), and (d)(1). 

7 (3) Section 7044(d). 

8 (4) In section 7045: 

9 (A) Subsection (b)(2). 

10 (B) The first sentence of subsection (c). 

11 (C) The first sentence of subsection (e)(1). 

12 (D) The first sentence of subsection (f). 

13 (E) Subsection (h). 

14 (5) Section 7070(b). 

15 (6) Section 7071(f)(6). 

16 (7) The third proviso under the heading ‘‘Ad17 ministration of Foreign Affairs, Civilian Stabiliza18 tion Initiative’’. 

19 (8) The fourth proviso under the heading ‘‘Bi20 lateral Economic Assistance, Funds Appropriated to 

21 the President, Assistance for Europe, Eurasia and 

22 Central Asia’’. 

23 (e) Section 7060 of division F of Public Law 111– 

24 117 shall be applied to funds appropriated by this division 

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1 vided, That notwithstanding section 1101, section 7078(a) 

2 of division F of Public Law 111–117 shall be applied to 

3 funds appropriated by this division by substituting in lieu 

4 thereof the matter contained in section 660(a) of division 

5 J of Public Law 110-161, the Consolidated Appropriations 

6 Act, 2008, except that ‘‘$40,000,000 should’’ shall be sub7 stituted for ‘‘not less than $7,000,000 shall’’. 

8 (f) Sections 7045(a), 7061, 7064(a)(1) and (b), and 

9 7071(g)(3) of division F of Public Law 111–117 shall be 

10 applied to funds appropriated by this division by sub11 stituting ‘‘should’’ for ‘‘shall’’ each place it appears. 

12 (g)(1) Section 7081 of division F of Public Law 111– 

13 117 shall be applied to funds appropriated by this division 

14 by substituting— 

15 (A) ‘‘should’’ for ‘‘shall’’ each place it appears 

16 in subsections (b), (c), and (d); 

17 (B) ‘‘$35,000,000’’ for ‘‘$25,000,000’’ in the 

18 first sentence of subsection (d); and 

19 (C) ‘‘For fiscal year 2011, up to $185,000,000’’ 

20 for ‘‘For fiscal year 2010, up to $300,000,000’’ in 

21 subsection (g)(1). 

22 (2) The second proviso of section 7081(d) of division 

23 F of Public Law 111–117 is amended to read as follows: 

24 ‘‘: Provided further, That funds appropriated by this divi25 sion that are made available for tropical forest programs 


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1 shall be used for purposes including to implement and en2 force section 8204 of Public Law 110-246, shall not be 

3 used to support or promote the expansion of industrial log4 ging into primary tropical forests, and shall be subject to 

5 prior consultation with, and the regular notification proce6 dures of, the Committees on Appropriations’’. 

7 (h) Section 7042 of division F of Public Law 111– 

8 117 shall be applied to funds appropriated by this division 

9 by substituting ‘‘$552,900,000’’ for the dollar amount in 

10 subsection (f)(1). 

11 (i) The third proviso of section 7034(s) of division 

12 F of Public Law 111–117 shall be applied to funds appro13 priated by this division by substituting ‘‘shall include, in 

14 a manner the Secretary determines appropriate,’’ for 

15 ‘‘should include’’. 

16 (j) Section 7070(i)(2) of division F of Public Law 

17 111–117 shall be applied to funds appropriated by this 

18 division by substituting ‘‘health, education, and macro19 economic growth’’ for ‘‘macroeconomic growth’’. 

20 (k) Notwithstanding any other provision of this divi21 sion, section 7015(c) of division F of Public Law 111– 

22 117 shall not apply to funds appropriated by this division 

23 under the headings ‘‘Complex Crises Fund’’ and ‘‘Migra24 tion and Refugee Assistance’’. 


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1 (l) Section 7046(a) of division F of Public Law 111– 

2 117 shall be applied to funds appropriated by this division 

3 by substituting ‘‘$459,000,000’’ for ‘‘$521,880,000’’. 

4 (m) Not later than 90 days after enactment of this 

5 Act, and prior to the obligation of funds appropriated in 

6 this division under the headings ‘‘Administration of For7 eign Affairs, Diplomatic and Consular Programs’’, ‘‘Bilat8 eral Economic Assistance, Funds Appropriated to the 

9 President, Development Assistance’’, ‘‘Bilateral Economic 

10 Assistance, Funds Appropriated to the President, Eco11 nomic Support Fund’’, and ‘‘Bilateral Economic Assist12 ance, Funds Appropriated to the President, Assistance for 

13 Europe, Eurasia and Central Asia’’ for historic and cul14 tural preservation projects, the Secretary of State, in con15 sultation with the Administrator of the United States 

16 Agency for International Development (USAID), shall 

17 submit to the Committees on Appropriations a report de18 tailing, by agency, account, purpose, and amount, all his19 toric and cultural preservation projects supported in fiscal 

20 year 2010 and planned for fiscal year 2011 by the Depart21 ment of State and USAID. 

22 SEC. 2121. (a) Notwithstanding section 1101, the 

23 amounts included under the heading ‘‘Administration of 

24 Foreign Affairs, Office of Inspector General’’ in division 

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1 priated by this division by substituting ‘‘$22,000,000’’ for 

2 ‘‘$23,000,000’’ for the Special Inspector General for Iraq 

3 Reconstruction, and ‘‘$24,000,000’’ for ‘‘$23,000,000’’ 

4 for the Special Inspector General for Afghanistan Recon5 struction. 

6 (b) The tenth proviso under the heading ‘‘Economic 

7 Support Fund’’ in division F of Public Law 111–117 shall 

8 be applied to funds appropriated by this division by sub9 stituting the following: ‘‘Provided further, That funds ap10 propriated or otherwise made available by this division for 

11 assistance for Afghanistan and Pakistan may not be made 

12 available for direct government-to-government assistance 

13 unless the Secretary of State certifies to the Committees 

14 on Appropriations that the relevant implementing agency 

15 has been assessed and considered qualified to manage such 

16 funds and the Government of the United States and the 

17 government of the recipient country have agreed, in writ18 ing, to clear and achievable goals and objectives for the 

19 use of such funds, and have established mechanisms with20 in each implementing agency to ensure that such funds 

21 are used for the purposes for which they were intended:’’. 

22 (c) The second proviso under the heading ‘‘Inter23 national Security Assistance, Department of State, Peace24 keeping Operations’’ in division F of Public Law 111–117 

25 shall be applied by substituting the following: ‘‘Provided 


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1 further, That up to $55,918,000 may be used to pay as2 sessed expenses of international peacekeeping activities in 

3 Somalia, except that up to an additional $35,000,000 may 

4 be made available for such purpose subject to prior con5 sultation with, and the regular notification procedures of, 

6 the Committees on Appropriations:’’. 

7 (d) Section 7004 of division F of Public Law 111– 

8 117 shall be applied to funds appropriated by this division 

9 by adding at the end the following new subsection: 

10 ‘‘(d) For the purposes of calculating the fiscal year 

11 2011 costs of providing new United States diplomatic fa12 cilities in accordance with section 604(e) of the Secure 

13 Embassy Construction and Counterterrorism Act of 1999 

14 (22 U.S.C. 4865 note), the Secretary of State, in consulta15 tion with the Director of the Office of Management and 

16 Budget, shall determine the annual program level and 

17 agency shares in a manner that is proportional to the De18 partment of State’s contribution for this purpose.’’. 

19 (e) The second proviso in the second paragraph under 

20 the heading ‘‘International Security Assistance, Funds 

21 Appropriated to the President, Foreign Military Financing 

22 Program’’ in division F of Public Law 111–117 shall be 

23 applied to funds appropriated by this division by inserting 

24 ‘‘Bahrain, Yemen,’’ after ‘‘Nepal,’’. 


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1 (f) Section 7034(n) of division F of Public Law 111– 

2 117 shall be applied to funds appropriated by this division 

3 by adding at the end before the period the following: ‘‘: 

4 Provided, That none of the funds appropriated or other5 wise made available by this division or any other Act mak6 ing appropriations for the Department of State, foreign 

7 operations, and related programs may be used to imple8 ment phase 3 of such authority’’. 

9 (g) Section 7034(m) of division F of Public Law 111– 

10 117 shall be applied to funds appropriated by this division 

11 by— 

12 (1) substituting ‘‘not less than $20,000,000’’ 

13 for ‘‘$30,000,000’’ in paragraph (5); and 

14 (2) adding the following new paragraph at the 

15 end: 

16 ‘‘(6) The level otherwise provided by this Act 

17 for ‘Related Agency, Broadcasting Board of Gov18 ernors, International Broadcasting Operations’ is 

19 hereby increased by $10,000,000, to remain avail20 able until September 30, 2012, to expand unre21 stricted access to information on the Internet.’’. 

22 (h) Section 7042 of division F of Public Law 111– 

23 117 shall be applied to funds appropriated by this division 

24 by substituting the following for the proviso in subsection 

25 (d)(2): ‘‘: Provided, That funds may not be made available 


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1 for obligation until the Secretary of State determines and 

2 reports to the Committees on Appropriations that such 

3 funds to be provided are in the national security interest 

4 of the United States and provides the Committees on Ap5 propriations a detailed spending plan’’. 

6 (i) Section 7043 of division F of Public Law 111– 

7 117 shall be applied to funds appropriated by this division 

8 by substituting the following for subsection (b): 

9 ‘‘(b) LIMITATION.—None of the funds appropriated 

10 or otherwise made available in this Act under the heading 

11 ‘Export-Import Bank of the United States’ may be used 

12 by the Export-Import Bank of the United States to pro13 vide any new financing (including loans, guarantees, other 

14 credits, insurance, and reinsurance) to any person that is 

15 subject to sanctions under paragraph (2) or (3) of section 

16 5(a) of the Iran Sanctions Act of 1996 (Public Law 104– 

17 172).’’. 

18 (j) For purposes of the amount made available by this 

19 division for ‘‘Export and Investment Assistance, Export20 Import Bank of the United States, Administrative Ex21 penses’’, project specific transaction costs, including direct 

22 and indirect costs incurred in claims settlements, and 

23 other costs for systems infrastructure directly supporting 

24 transactions, shall not be considered administrative ex25 penses: Provided, That the Export-Import Bank of the 


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1 United States may expend not more than $5,000,000 in 

2 fiscal year 2011 for such transaction costs. 

3 (k) The first proviso under the heading ‘‘Department 

4 of the Treasury, Debt Restructuring’’ in division F of 

5 Public Law 111–117 shall be applied to funds appro6 priated by this division by substituting ‘‘should’’ for 

7 ‘‘shall’’. 

8 (l) Section 7059 of division F of Public Law 111– 

9 117 shall be applied to funds appropriated by this division 

10 by substituting— 

11 (1) ‘‘should’’ for ‘‘may’’ in subsection (c); and 

12 (2) ‘‘65’’ for ‘‘30’’ the first place it appears in 

13 subsection (l). 

14 (m) The Foreign Operations, Export Financing, and 

15 Related Programs Appropriations Act, 1990 (Public Law 

16 101–167) is amended— 

17 (1) in section 599D (8 U.S.C. 1157 note)— 

18 (A) in subsection (b)(3), by striking ‘‘and 

19 2010’’ and inserting ‘‘2010, and 2011’’; and 

20 (B) in subsection (e), by striking ‘‘October 

21 1, 2010’’ each place it appears and inserting 

22 ‘‘June 1, 2011’’; and 

23 (2) in section 599E (8 U.S.C. 1255 note) in 

24 subsection (b)(2), by striking ‘‘2010’’ and inserting 

25 ‘‘2011’’. 


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1 SEC. 2122. (a) IN GENERAL.—Subsections (b) 

2 through (d) of this section shall apply to funds appro3 priated by this division in lieu of section 7076 of division 

4 F of Public Law 111–117. 

5 (b) LIMITATION.—None of the funds appropriated or 

6 otherwise made available by this division under the head7 ings ‘‘Economic Support Fund’’ and ‘‘International Nar8 cotics Control and Law Enforcement’’ may be obligated 

9 for assistance for the Government of Afghanistan until the 

10 Secretary of State, in consultation with the Administrator 

11 of the United States Agency for International Develop12 ment (USAID), certifies and reports to the Committees 

13 on Appropriations the following: 

14 (1) The Government of Afghanistan is— 

15 (A) demonstrating a commitment to reduce 

16 corruption and improve governance, including 

17 by investigating, prosecuting, and sanctioning 

18 or removing corrupt officials from office and to 

19 implement financial transparency and account20 ability measures for government institutions 

21 and officials (including the Central Bank); 

22 (B) taking significant steps to facilitate ac23 tive public participation in governance and over24 sight; and 


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1 (C) taking credible steps to protect the 

2 internationally recognized human rights of Af3 ghan women. 

4 (2) There is a unified United States Govern5 ment anti-corruption strategy for Afghanistan. 

6 (3) Funds will be programmed to support and 

7 strengthen the capacity of Afghan public and private 

8 institutions and entities to reduce corruption and to 

9 improve transparency and accountability of national, 

10 provincial, and local governments, as outlined in the 

11 spending plan submitted to the Committees on Ap12 propriations on October 26, 2010 (CN 10–298). 

13 (4) Representatives of Afghan national, provin14 cial, or local governments, local communities, and 

15 civil society organizations, as appropriate, will be 

16 consulted and participate in the design of programs, 

17 projects, and activities, including participation in im18 plementation and oversight, and the development of 

19 specific benchmarks to measure progress and out20 comes. 

21 (5) Funds will be used to train and deploy addi22 tional United States Government direct-hire per23 sonnel to improve monitoring and control of assist24 ance. 


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1 (6) A framework and methodology is being uti2 lized to assess national, provincial, local, and sector 

3 level fiduciary risks relating to public financial man4 agement of United States Government assistance. 

5 (c) ASSISTANCE AND OPERATIONS.—(1) Funds ap6 propriated by this division under the headings ‘‘Economic 

7 Support Fund’’ and ‘‘International Narcotics Control and 

8 Law Enforcement’’ that are available for assistance for 

9 Afghanistan— 

10 (A) shall be made available, to the max11 imum extent practicable, in a manner that em12 phasizes the participation of Afghan women, 

13 and directly improves the security, economic 

14 and social well-being, and political status, and 

15 protects the rights of, Afghan women and girls 

16 and complies with sections 7062 and 7063 of 

17 division F of Public Law 111–117, including 

18 support for the Afghan Independent Human 

19 Rights Commission, the Afghan Ministry of 

20 Women’s Affairs, and women-led nongovern21 mental organizations; 

22 (B) may be made available for a United 

23 States contribution to an internationally-man24 aged fund to support the reconciliation with 

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1 integration into Afghan society of, former com2 batants who have renounced violence against 

3 the Government of Afghanistan: Provided, That 

4 funds may be made available to support rec5 onciliation and reintegration activities only if— 

6 (i) Afghan women are participating at 

7 national, provincial, and local levels of gov8 ernment in the design, policy formulation 

9 and implementation of the reconciliation or 

10 reintegration process, and such process up11 holds steps taken by the Government of 

12 Afghanistan to protect the internationally 

13 recognized human rights of Afghan women; 

14 and 

15 (ii) such funds will not be used to 

16 support any pardon or immunity from 

17 prosecution, or any position in the Govern18 ment of Afghanistan or security forces, for 

19 any leader of an armed group responsible 

20 for crimes against humanity, war crimes, 

21 or other violations of internationally recog22 nized human rights; 

23 (C) may be made available as a United 

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1 retary of State determines and reports to the 

2 Committees on Appropriations that the World 

3 Bank Monitoring Agent of the ARTF is unable 

4 to conduct its financial control and audit re5 sponsibilities due to restrictions on security per6 sonnel by the Government of Afghanistan; and 

7 (D) may be made available for a United 

8 States contribution to the North Atlantic Trea9 ty Organization/International Security Assist10 ance Force Post-Operations Humanitarian Re11 lief Fund. 

12 (2) Funds appropriated under the headings 

13 ‘‘Economic Support Fund’’ and ‘‘International Nar14 cotics Control and Law Enforcement’’ by this divi15 sion that are available for assistance for Afghanistan 

16 that provide training for foreign police, judicial, and 

17 military personnel shall address, where appropriate, 

18 gender-based violence. 

19 (3) The authority contained in section 1102(c) 

20 of Public Law 111–32 shall continue in effect during 

21 fiscal year 2011 and shall apply as if included in 

22 this division. 

23 (4) The Coordinator for Rule of Law at the 

24 United States Embassy in Kabul, Afghanistan, shall 

25 be consulted on the use of all funds appropriated by 


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1 this division for rule of law programs in Afghani2 stan. 

3 (5) None of the funds made available by this di4 vision may be used by the United States Govern5 ment to enter into a permanent basing rights agree6 ment between the United States and Afghanistan. 

7 (6) The Secretary of State, after consultation 

8 with the USAID Administrator, shall submit to the 

9 Committees on Appropriations not later than 45 

10 days after enactment of this division, and prior to 

11 the initial obligation of funds for assistance for Af12 ghanistan, a detailed spending plan for such assist13 ance which shall include clear and achievable goals, 

14 benchmarks for measuring progress, and expected 

15 results: Provided, That such plan shall not be con16 sidered as meeting the notification requirements 

17 under section 7015 of division F of Public Law 111– 

18 117 or under section 634A of the Foreign Assist19 ance Act of 1961. 

20 (d) OVERSIGHT.—(1) The Special Inspector General 

21 for Afghanistan Reconstruction, the Inspector General of 

22 the Department of State, and the Inspector General of the 

23 United States Agency for International Development, shall 

24 jointly develop and submit to the Committees on Appro25 priations within 45 days of enactment of this division a 


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1 coordinated audit and inspection plan of United States as2 sistance for, and civilian operations in, Afghanistan. 

3 (2) Of the funds appropriated by this division under 

4 the heading ‘‘Economic Support Fund’’ for assistance for 

5 Afghanistan, $3,000,000 shall be transferred to, and 

6 merged with, funds appropriated by this division under the 

7 heading ‘‘Administration of Foreign Affairs, Office of In8 spector General’’, for increased oversight of programs in 

9 Afghanistan and shall be in addition to funds otherwise 

10 available for such purposes: Provided, That $1,500,000 

11 shall be for the activities of the Special Inspector General 

12 for Afghanistan Reconstruction. 

13 (3) Of the funds appropriated by this division under 

14 the heading ‘‘Economic Support Fund’’ for assistance for 

15 Afghanistan, $1,500,000 shall be transferred to, and 

16 merged with, funds appropriated by this division under the 

17 heading ‘‘United States Agency for International Develop18 ment, Funds Appropriated to the President, Office of In19 spector General’’ for increased oversight of programs in 

20 Afghanistan and shall be in addition to funds otherwise 

21 available for such purposes. 

22 (e) MODIFICATION TO PRIOR PROVISIONS.—(1) Sec23 tion 1004(c)(1)(C) of Public Law 111–212 is amended to 

24 read as follows: 


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1 ‘‘(C) taking credible steps to protect the 

2 internationally recognized human rights of Af3 ghan women.’’. 

4 (2) Section 1004(d)(1) of Public Law 111–212 is 

5 amended to read as follows: 

6 ‘‘(1) Afghan women are participating at na7 tional, provincial, and local levels of government in 

8 the design, policy formulation, and implementation 

9 of the reconciliation or reintegration process, and 

10 such process upholds steps taken by the Government 

11 of Afghanistan to protect the internationally recog12 nized human rights of Afghan women; and’’. 

13 (3) Section 1004(e)(1) of Public Law 111–212 is 

14 amended to read as follows: 

15 ‘‘(1) based on information available to the Sec16 retary, the Independent Electoral Commission has 

17 no members or other employees who participated in, 

18 or helped to cover up, acts of fraud in the 2009 

19 presidential election in Afghanistan, and the Elec20 toral Complaints Commission is a genuinely inde21 pendent body with all the authorities that were in22 vested in it under Afghan law as of December 31, 

23 2009; and’’. 

24 SEC. 2123. (a) The first and second provisos under 

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1 propriated to the President, Economic Support Fund’’ in 

2 division F of Public Law 111–117 shall be applied to 

3 funds appropriated by this division by substituting the fol4 lowing: ‘‘Provided, That of the funds appropriated under 

5 this heading, up to $250,000,000 shall be made available 

6 for assistance for Egypt for activities that support demo7 cratic elections, promote representative and accountable 

8 governance, protect human rights, strengthen civil society 

9 and the rule of law, reduce poverty, promote equitable eco10 nomic development, and expand educational opportunities 

11 for disadvantaged Egyptian youth, including through 

12 scholarship programs: Provided further, That the Sec13 retary of State shall submit a spending plan, including a 

14 comprehensive strategy to promote democracy and devel15 opment, to the Committees on Appropriations for funds 

16 provided for Egypt under this heading: Provided further, 

17 That such plan shall not be considered as meeting the no18 tification requirements under section 7015 of division F 

19 of Public Law 111–117 or under section 634A of the For20 eign Assistance Act of 1961: Provided further, That such 

21 funds shall be subject to the regular notification proce22 dures of the Committees on Appropriations: Provided fur23 ther, That funds appropriated under this heading shall be 

24 made available to support democratic transitions in the 

25 Middle East and North Africa, including assistance for 


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1 civil society organizations and the development of demo2 cratic political parties:’’. 

3 (b) Not later than 45 days after enactment of this 

4 Act, the Secretary of State shall submit to the Committees 

5 on Appropriations a report on Egypt detailing whether— 

6 (1) a transparent, political transition is occur7 ring that includes the participation of a wide range 

8 of democratic opposition and civil society leaders and 

9 is responsive to their views; 

10 (2) the emergency law and other laws restrict11 ing human rights have been abrogated; protesters, 

12 political and social activists and journalists are not 

13 being arrested, detained or prosecuted for the peace14 ful exercise of their rights; and the government is re15 specting freedoms of expression, assembly and asso16 ciation; and 

17 (3) legal and constitutional impediments to free 

18 and fair presidential and parliamentary elections are 

19 being removed. 

20 SEC. 2124. Notwithstanding section 1101, the level 

21 for ‘‘Multilateral Assistance, International Financial Insti22 tutions, Contribution to the Global Agriculture and Food 

23 Security Program’’, shall be $100,000,000 for payment to 

24 the Global Agriculture and Food Security Program by the 


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1 Secretary of the Treasury, to remain available until ex2 pended. 

3 SEC. 2125. None of the funds made available in this 

4 division for the United Nations Capital Master Plan may 

5 be used for the design, renovation, or construction of the 

6 United Nations Headquarters in New York in excess of 

7 the agreed upon assessments of the United States pursu8 ant to paragraph 10 of United Nations General Assembly 

9 Resolution 61/251. 

10 SEC. 2126. (a) CONTRIBUTION TO THE ASIAN DE11 VELOPMENT BANK.—In addition to amounts otherwise 

12 made available by this division, $106,586,000, to remain 

13 available until expended, is appropriated for payment to 

14 the Asian Development Bank by the Secretary of the 

15 Treasury for the United States share of the paid-in por16 tion of the increase in capital stock. 

17 (b) LIMITATION ON CALLABLE CAPITAL SUBSCRIP18 TIONS.—The United States Governor of the Asian Devel19 opment Bank may subscribe without fiscal year limitation 

20 to the callable capital portion of the United States share 

21 of such capital stock in an amount not to exceed 

22 $2,558,048,769. 

23 (c) REPORTING ON REFORMS.—Funds shall not be 

24 made available for a United States contribution to the 

25 Asian Development Bank (ADB) until the Secretary of the 


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1 Treasury reports to the Committees on Appropriations 

2 that the ADB is making substantial progress toward the 

3 following policy goals— 

4 (1) implementing procurement guidelines that 

5 maximize international competitive bidding in ac6 cordance with sound procurement practices, includ7 ing transparency, competition, and cost-effective re8 sults for Borrowers; 

9 (2) providing greater public disclosure of loan 

10 documents, with particular attention to persons af11 fected by ADB projects; 

12 (3) implementing best practices in domestic 

13 laws and international conventions against corrup14 tion for whistleblower and witness disclosures, and 

15 protections against retaliation for internal and law16 ful public disclosures by ADB employees and others 

17 affected by ADB operations who report illegality or 

18 other misconduct that could threaten the ADB’s 

19 mission, including best practices for legal burdens of 

20 proof; access to independent adjudicative bodies; and 

21 results that eliminate the effects of proven retalia22 tion; 

23 (4) ensuring that the Investigations Office, 

24 Auditor General Office, and Evaluation Office are 

25 functionally independent, free from interference 


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1 when determining the scope of investigations and 

2 audits, performing work and communicating results, 

3 and regularly report to the ADB’s board of directors 

4 and, as appropriate and in a manner consistent with 

5 such functional independence of the Investigations 

6 Office and the Auditor General Office, to the ADB 

7 President; 

8 (5) requiring that each candidate for adjust9 ment or budget support loans provide an assessment 

10 of reforms to budgetary and procurement processes 

11 to encourage transparency, including budget publica12 tion and public scrutiny, prior to loan or grant ap13 proval; 

14 (6) ensuring that the ADB’s Accountability 

15 Mechanism provides transparency and protects local 

16 residents affected by ADB projects; and 

17 (7) making publicly available external and in18 ternal performance and financial audits of ADB 

19 projects on the ADB’s website. 

20 (d) REPORT DATES.—Not later than 180 days after 

21 enactment of this Act, and every 6 months thereafter until 

22 September 30, 2013, the Secretary of the Treasury shall 

23 submit to the Committees on Appropriations a report de24 tailing the extent to which the ADB has made progress 

25 on each policy goal listed in subsection (c). 


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1 (e) AMENDMENT.—The Asian Development Bank 

2 Act (22 U.S.C. 285 et seq.), is amended by adding at the 

3 end the following: 

4 ‘‘SEC. 33. NINTH REPLENISHMENT. 

5 ‘‘(a) The United States Governor of the Bank is au6 thorized to contribute, on behalf of the United States, 

7 $461,000,000 to the ninth replenishment of the resources 

8 of the Fund, subject to obtaining the necessary appropria9 tions. 

10 ‘‘(b) In order to pay for the United States contribu11 tion provided for in subsection (a), there are authorized 

12 to be appropriated, without fiscal year limitation, 

13 $461,000,000 for payment by the Secretary of the Treas14 ury. 

15 ‘‘SEC. 34. FIFTH CAPITAL INCREASE. 

16 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 

17 ‘‘(1) The United States Governor of the Bank 

18 may subscribe on behalf of the United States to 

19 1,104,420 additional shares of the capital stock of 

20 the Bank. 

21 ‘‘(2) Any subscription by the United States to 

22 capital stock of the Bank shall be effective only to 

23 such extent or in such amounts as are provided in 

24 advance in appropriations Acts. 

25 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) In order to pay for the increase in the 

2 United States subscription to the Bank provided for 

3 in subsection (a), there are authorized to be appro4 priated, without fiscal year limitation, 

5 $13,323,173,083, for payment by the Secretary of 

6 the Treasury. 

7 ‘‘(2) Of the amount authorized to be appro8 priated under paragraph (1)— 

9 ‘‘(A) $532,929,240 is authorized to be ap10 propriated for paid-in shares of the Bank; and 

11 ‘‘(B) $12,790,243,843 is authorized to be 

12 appropriated for callable shares of the Bank, 

13 for payment by the Secretary of the Treasury.’’. 

14 TITLE XII—TRANSPORTATION, HOUSING AND 

15 URBAN DEVELOPMENT, AND RELATED 

16 AGENCIES 

17 SEC. 2201. Notwithstanding section 1101, the level 

18 for ‘‘Department of Transportation, Office of the Sec19 retary, Transportation Planning, Research, and Develop20 ment’’ shall be $9,819,000. 

21 SEC. 2202. Notwithstanding section 1101, the level 

22 for ‘‘Department of Transportation, Office of the Sec23 retary, National Infrastructure Investments’’ shall be 

24 $528,000,000: Provided, That the amounts included under 

25 such heading in division A of Public Law 111–117 shall 


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1 be applied to funds appropriated by this division by sub2 stituting ‘‘$0’’ for ‘‘$35,000,000’’. 

3 SEC. 2203. Notwithstanding section 1101, the level 

4 for ‘‘Department of Transportation, Federal Aviation Ad5 ministration, Operations’’ shall be $9,533,028,000, of 

6 which $4,559,000,000 shall be derived from the Airport 

7 and Airway Trust Fund, of which not less than 

8 $7,473,299,000 shall be for air traffic organization activi9 ties and not less than $1,253,020,000 shall be for aviation 

10 safety activities. 

11 SEC. 2204. Notwithstanding section 1101, the level 

12 for ‘‘Department of Transportation, Federal Aviation Ad13 ministration, Facilities and Equipment’’ shall be 

14 $2,736,203,000, of which $2,226,203,000 shall remain 

15 available through September 30, 2013, and of which 

16 $470,000,000 shall remain available through September 

17 30, 2011. 

18 SEC. 2205. Notwithstanding section 1101, the 

19 amounts included under the heading ‘‘Department of 

20 Transportation, Federal Aviation Administration, Grants21 in-Aid for Airports, Liquidation of Contract Authoriza22 tion’’ in division A of Public Law 111–117 shall be applied 

23 to funds appropriated by this division by substituting 

24 ‘‘$3,550,000,000’’ for ‘‘$3,000,000,000’’. 


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1 SEC. 2206. Notwithstanding section 1101, the level 

2 for ‘‘Department of Transportation, Federal Aviation Ad3 ministration, Research, Engineering, and Development’’ 

4 shall be $170,000,000. 

5 SEC. 2207. Of the unobligated balances of funds ap6 portioned to each State under chapter 1 of title 23, United 

7 States Code, $2,500,000,000 are permanently rescinded: 

8 Provided, That such rescission shall not apply to the funds 

9 distributed in accordance with sections 130(f) and 

10 104(b)(5) of title 23, United States Code; sections 

11 133(d)(1) and 163 of such title, as in effect on the day 

12 before the date of enactment of Public Law 109–59; and 

13 the first sentence of section 133(d)(3)(A) of such title: 

14 Provided further, That notwithstanding section 1132 of 

15 Public Law 110–140, in administering the rescission re16 quired under this heading, the Secretary of Transpor17 tation shall allow each State to determine the amount of 

18 the required rescission to be drawn from the programs to 

19 which the rescission applies. 

20 SEC. 2208. Notwithstanding section 1101, no funds 

21 made available by this division shall be for activities de22 scribed in section 122 of title I of division A of Public 

23 Law 111–117. 

24 SEC. 2209. Notwithstanding section 1101, the level 

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1 ministration, Surface Transportation Priorities’’ shall be 

2 $0. 

3 SEC. 2210. Unobligated balances of funds made 

4 available for obligation under section 320 of title 23, 

5 United States Code, section 147 of Public Law 95–599, 

6 section 9(c) of Public Law 97–134, section 149 of Public 

7 Law 100–17, and sections 1006, 1069, 1103, 1104, 1105, 

8 1106, 1107, 1108, 6005, 6015, and 6023 of Public Law 

9 102–240 are permanently rescinded. 

10 SEC. 2211. The unobligated balance available on Sep11 tember 30, 2011, under section 1602 of the Transpor12 tation Equity Act for the 21st Century (Public Law 105– 

13 178) for each project for which less than 10 percent of 

14 the amount authorized for such project under such section 

15 has been obligated is permanently rescinded. 

16 SEC. 2212. Of the amounts authorized for fiscal years 

17 2005 through 2009 in section 1101(a)(16) of the Safe, 

18 Accountable, Flexible, Efficient Transportation Equity 

19 Act: A Legacy for Users (Public Law 109–59) to carry 

20 out the high priority projects program under section 117 

21 of title 23, United States Code, that are not allocated for 

22 projects described in section 1702 of such Act, $8,190,335 

23 are permanently rescinded. 

24 SEC. 2213. Notwithstanding section 1101, the level 

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1 rier Safety Administration, Motor Carrier Safety Oper2 ations and Programs, (Liquidation of Contract Authoriza3 tion), (Limitation on Obligations), (Highway Trust 

4 Fund)’’ shall be $245,000,000. 

5 SEC. 2214. Of the amount made available for ‘‘De6 partment of Transportation, Motor Carrier Safety Grants, 

7 (Liquidation of Contract Authorization), (Limitation on 

8 Obligations), (Highway Trust Fund)’’ for the commercial 

9 driver’s license information system modernization pro10 gram, $3,000,000 shall be made available for audits of 

11 new entrant motor carriers to carry out section 4107(b) 

12 of Public Law 109–59, and 31104(a) of title 49, United 

13 States Code, and $5,000,000 shall be made available for 

14 the commercial driver’s license improvements program to 

15 carry out section 31313 of title 49, United States Code. 

16 SEC. 2215. Of the unobligated amounts available for 

17 Safety Belt Performance Grants under section 406 of title 

18 23, United States Code, $76,000,000 are permanently re19 scinded. 

20 SEC. 2216. Notwithstanding section 1101, the level 

21 for ‘‘Department of Transportation, Federal Railroad Ad22 ministration, Railroad Safety Technology Program’’ shall 

23 be $0. 

24 SEC. 2217. Notwithstanding section 1101, the level 

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1 ministration, Safety and Operations’’ shall be 

2 $176,950,000. 

3 SEC. 2218. Notwithstanding section 1101, the level 

4 for ‘‘Department of Transportation, Federal Railroad Ad5 ministration, Railroad Research and Development’’ shall 

6 be $35,100,000. 

7 SEC. 2219. Notwithstanding section 1101, the level 

8 for ‘‘Department of Transportation, Federal Railroad Ad9 ministration, Rail Line Relocation and Improvement Pro10 gram’’ shall be $10,532,000. 

11 SEC. 2220. Notwithstanding section 1101, the level 

12 for ‘‘Department of Transportation, Federal Railroad Ad13 ministration, Capital and Debt Service Grants to the Na14 tional Railroad Passenger Corporation’’ shall be 

15 $923,625,000. 

16 SEC. 2221. Notwithstanding section 1101, the level 

17 for ‘‘Department of Transportation, Federal Railroad Ad18 ministration, Capital Assistance for High Speed Rail Cor19 ridors and Intercity Passenger Rail Service’’ shall be $0. 

20 SEC. 2222. Of the prior year unobligated balances 

21 available for ‘‘Department of Transportation, Federal 

22 Railroad Administration, Capital Assistance for High 

23 Speed Rail Corridors and Intercity Passenger Rail Serv24 ice’’, $400,000,000 is rescinded. 


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1 SEC. 2223. Notwithstanding section 1101, the level 

2 for ‘‘Department of Transportation, Federal Transit Ad3 ministration, Grants for Energy Efficiency and Green4 house Gas Reductions’’ shall be $50,000,000. 

5 SEC. 2224. Notwithstanding section 1101, the level 

6 for ‘‘Department of Transportation, Federal Transit Ad7 ministration, Capital Investment Grants’’ shall be 

8 $1,600,000,000. 

9 SEC. 2225. Of the funds made available for ‘‘Depart10 ment of Transportation, Federal Transit Administration, 

11 Capital Investment Grants’’ in division A of Public Law 

12 111–117, $280,000,000 is rescinded. 

13 SEC. 2226. Notwithstanding section 1101, the level 

14 for ‘‘Department of Transportation, Federal Transit Ad15 ministration, Research and University Research Centers’’ 

16 shall be $59,000,000. 

17 SEC. 2227. Notwithstanding section 1101, the level 

18 for ‘‘Department of Transportation, Maritime Administra19 tion, Operations and Training’’ shall be $151,750,000, of 

20 which $11,240,000 shall remain available until expended 

21 for maintenance and repair of training ships at State Mar22 itime Academies; $15,000,000 shall remain available until 

23 expended for capital improvements at the United States 

24 Merchant Marine Academy; and $59,057,000 shall be 

25 available for operations at the United States Merchant 


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1 Marine Academy: Provided, That of the funds made avail2 able under such heading in division A of Public Law 111– 

3 117, up to $6,000,000 may be used for the reimbursement 

4 of overcharged midshipmen fees for academic years 2003– 

5 2004 through 2008–2009, to remain available until ex6 pended: Provided further, That the reimbursement deci7 sions of the Secretary pursuant to the previous proviso 

8 shall be final and conclusive: Provided further, That of the 

9 funds made available under such heading by this division, 

10 $1,000,000 shall be for the information technology re11 quirements of Public Law 111–207, to be available until 

12 expended. 

13 SEC. 2228. Notwithstanding section 1101, the level 

14 for ‘‘Department of Transportation, Maritime Administra15 tion, Assistance to Small Shipyards’’ shall be 

16 $10,000,000. 

17 SEC. 2229. Notwithstanding section 1101, the level 

18 for each of the following accounts under the heading ‘‘De19 partment of Transportation, Pipeline and Hazardous Ma20 terials Safety Administration’’ shall be as follows: ‘‘Oper21 ational Expenses, (Pipeline Safety Fund)’’, $21,496,000; 

22 ‘‘Hazardous Materials Safety’’, $39,098,000, of which 

23 $1,699,000 shall remain available until September 30, 

24 2013; and ‘‘Pipeline Safety (Pipeline Safety Fund) (Oil 

25 Spill Liability Trust Fund)’’, $106,919,000, of which 


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1 $18,905,000 shall be derived from the Oil Spill Liability 

2 Trust Fund and shall remain available until September 

3 30, 2013, and of which $88,014,000 shall be derived from 

4 the Pipeline Safety Fund, of which $47,332,000 shall re5 main available until September 30, 2013. 

6 SEC. 2230. Notwithstanding section 1101, section 

7 186 of title I of division A of Public Law 111–117 shall 

8 not apply in fiscal year 2011. 

9 SEC. 2231. Notwithstanding section 1101, none of 

10 the funds made available by this division shall be available 

11 for activities described in section 195 of title I of division 

12 A of Public Law 111–117. 

13 SEC. 2232. Notwithstanding section 1101, the level 

14 for ‘‘Department of Housing and Urban Development, 

15 Management and Administration, Administration, Oper16 ations and Management’’ shall be $525,040,000: Pro17 vided, That the Secretary shall adjust other amounts spec18 ified under this heading to stay within the level provided 

19 under this section. 

20 SEC. 2233. Notwithstanding section 1101, section 

21 231 of title II of division A of Public Law 111–117 (123 

22 Stat. 3105) is amended to read as follows: ‘‘The Secretary 

23 of Housing and Urban Development is authorized to 

24 transfer up to 5 percent or $5,000,000, whichever is less, 

25 of the funds made available for personnel or nonpersonnel 


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1 expenses under any account under this title under the gen2 eral heading ‘Personnel Compensation and Benefits’, or 

3 under any set-aside within the accounts under the head4 ings ‘Executive Direction’ and ‘Administration, Oper5 ations and Management’, to any other such account or set6 aside: Provided, That no appropriation for personnel or 

7 non-personnel expenses in any such account or set-aside 

8 shall be increased or decreased by more than 5 percent 

9 or $5,000,000, whichever is less, without prior written ap10 proval of the House and Senate Committees on Appropria11 tions.’’. 

12 SEC. 2234. Notwithstanding section 1101, the level 

13 for each of the following accounts under the heading ‘‘De14 partment of Housing and Urban Development, Personnel 

15 Compensation and Benefits’’ shall be as follows: ‘‘Public 

16 and Indian Housing’’, $189,074,000; ‘‘Community Plan17 ning and Development’’, $96,989,000; ‘‘Housing’’, 

18 $381,887,000; and ‘‘Policy Development and Research’’, 

19 $19,138,000. 

20 SEC. 2235. Notwithstanding section 1101, the level 

21 for ‘‘Department of Housing and Urban Development, 

22 Public and Indian Housing, Tenant-Based Rental Assist23 ance’’ shall be $14,407,688,000, to remain available until 

24 expended, which shall be available on October 1, 2010 (in 

25 addition to the $4,000,000,000 previously appropriated 


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1 under such heading that became available on October 1, 

2 2010), and, notwithstanding section 1118, an additional 

3 $4,000,000,000, to remain available until expended, shall 

4 be available on October 1, 2011: Provided, That of the 

5 amounts available for such heading, $16,702,688,000 

6 shall be for activities specified in paragraph (1) under 

7 such heading of title II of division A of Public Law 111– 

8 117; $110,000,000 shall be for activities specified in para9 graph (2) under such heading in such Public Law; 

10 $1,450,000,000 shall be for activities specified in para11 graph (3) under such heading in such Public Law, of 

12 which $1,400,000,000 shall be allocated as provided in the 

13 first proviso of such paragraph (3); and $50,000,000 shall 

14 be for activities specified in paragraph (6) under such 

15 heading in such Public Law: Provided further, That para16 graph (5) under such heading in such Public Law is 

17 amended by striking ‘‘$15,000,000’’ and all that follows 

18 through the end of such paragraph and inserting 

19 ‘‘$35,000,000 for amendment and renewal of tenant-based 

20 assistance contracts under section 811 of the Cranston21 Gonzalez National Affordable Housing Act (42 U.S.C. 

22 8013), including necessary administrative expenses;’’. 

23 SEC. 2236. Notwithstanding section 1101, the level 

24 for ‘‘Department of Housing and Urban Development, 


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1 Public and Indian Housing, Public Housing Operating 

2 Fund’’ shall be $4,626,000,000. 

3 SEC. 2237. Notwithstanding section 1101, the level 

4 for ‘‘Department of Housing and Urban Development, 

5 Public and Indian Housing, Revitalization of Severely Dis6 tressed Public Housing (HOPE VI)’’ shall be 

7 $100,000,000. 

8 SEC. 2238. Notwithstanding section 1101, the level 

9 for ‘‘Department of Housing and Urban Development, 

10 Public and Indian Housing, Public Housing Capital 

11 Fund’’ shall be $2,044,200,000. 

12 SEC. 2239. Notwithstanding section 1101, the level 

13 for ‘‘Department of Housing and Urban Development, 

14 Public and Indian Housing, Native American Housing 

15 Block Grants’’ shall be $650,000,000. 

16 SEC. 2240. Notwithstanding section 1101, the level 

17 for ‘‘Department of Housing and Urban Development, 

18 Community Planning and Development, Community De19 velopment Fund’’ shall be $3,508,000,000, of which 

20 $3,343,000,000 shall be for carrying out the community 

21 development block grant program under title I of the 

22 Housing and Community Development Act of 1974 (42 

23 U.S.C. 5301 et seq.): Provided, That none of the funds 

24 made available under such heading by this division may 

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1 tive or Neighborhood Initiatives activities, Rural Innova2 tion Fund, or for grants pursuant to section 107 of the 

3 Housing and Community Development Act of 1974 (42 

4 U.S.C. 5307): Provided further, That of the amounts made 

5 available under such heading by this division, 

6 $100,000,000 shall be for a Sustainable Communities Ini7 tiative, of which $70,000,000 shall be for Regional Inte8 grated Planning Grants and $30,000,000 shall be for 

9 Community Challenge Planning Grants: Provided further, 

10 That of such amount made available for Regional Inte11 grated Planning Grants, $17,500,000 shall be for activi12 ties specified in the second proviso of the last paragraph 

13 under such heading in title II of division A of Public Law 

14 111–117 and $0 shall be for activities specified in the 

15 sixth proviso of such paragraph. 

16 SEC. 2241. Notwithstanding section 1101, the level 

17 for ‘‘Department of Housing and Urban Development, 

18 Community Planning and Development, Homeless Assist19 ance Grants’’ shall be $1,905,000,000, of which at least 

20 $225,000,000 shall be for the Emergency Solutions Grant 

21 program. 

22 SEC. 2242. Notwithstanding section 1101, the level 

23 for ‘‘Department of Housing and Urban Development, 

24 Community Planning and Development, HOME Invest25 ment Partnerships Program’’ shall be $1,610,000,000. 


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1 SEC. 2243. Notwithstanding section 1101, the level 

2 for ‘‘Department of Housing and Urban Development, 

3 Community Planning and Development, Brownfields Re4 development’’ shall be $0. 

5 SEC. 2244. Notwithstanding section 1101, the level 

6 for ‘‘Department of Housing and Urban Development, 

7 Housing Programs, Project-Based Rental Assistance’’ 

8 shall be $8,882,328,000, to remain available until ex9 pended, which shall be available on October 1, 2010 (in 

10 addition to $393,672,000 previously appropriated under 

11 such heading that became available on October 1, 2010), 

12 and, notwithstanding section 1118, an additional 

13 $400,000,000, to remain available until expended, shall be 

14 available on October 1, 2011: Provided, That of the 

15 amounts available for such heading, $8,950,000,000 shall 

16 be for activities specified in paragraph (1) under such 

17 heading of title II of division A of Public Law 111–117 

18 and $326,000,000 shall be available for activities specified 

19 in paragraph (2) under such heading of such Public Law. 

20 SEC. 2245. Notwithstanding section 1101, the level 

21 for ‘‘Department of Housing and Urban Development, 

22 Housing Programs, Housing Counseling Assistance’’ shall 

23 be $0. 

24 SEC. 2246. Notwithstanding section 1101, the level 

25 for ‘‘Department of Housing and Urban Development, 


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1 Housing Programs, Housing for the Elderly’’ shall be 

2 $400,000,000: Provided, That of such amounts, up to 

3 $100,000,000 shall be available for capital advance and 

4 project-based rental assistance awards, and none of such 

5 amounts shall be available for activities specified in the 

6 third proviso under such heading in title II of division A 

7 of Public Law 111–117. 

8 SEC. 2247. Notwithstanding section 1101, the level 

9 for ‘‘Department of Housing and Urban Development, 

10 Housing Programs, Housing for Persons with Disabil11 ities’’ shall be $150,000,000, of which up to $50,000,000 

12 shall be for capital advances and project-based rental as13 sistance contracts and up to $32,000,000 shall be avail14 able for amendments or renewal of tenant-based assist15 ance contracts entered into prior to fiscal year 2007. 

16 SEC. 2248. Notwithstanding section 1101, the level 

17 for ‘‘Department of Housing and Urban Development, 

18 Housing Programs, Energy Innovation Fund’’ shall be $0. 

19 SEC. 2249. The heading ‘‘Department of Housing 

20 and Urban Development, Housing Programs, Other As21 sisted Housing Programs, Rental Housing Assistance’’ 

22 shall be applied by also being available for extensions of 

23 up to one year for expiring contracts under such sections 

24 of law. 


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1 SEC. 2250. Notwithstanding section 1101, the level 

2 for ‘‘Department of Housing and Urban Development, 

3 Housing Programs, Rent Supplement (Rescission)’’ shall 

4 be $40,600,000. 

5 SEC. 2251. Notwithstanding section 1101, the level 

6 for ‘‘Department of Housing and Urban Development, 

7 Federal Housing Administration, Mutual Mortgage Insur8 ance Program Account’’ for administrative contract ex9 penses shall be $207,000,000. 

10 SEC. 2252. The first proviso in the first paragraph 

11 under the heading ‘‘Department of Housing and Urban 

12 Development, Federal Housing Administration, General 

13 and Special Risk Program Account’’ in division A of Pub14 lic Law 111–117 shall be applied in fiscal year 2011 by 

15 substituting ‘‘$20,000,000,000’’ for ‘‘$15,000,000,000’’. 

16 SEC. 2253. Notwithstanding section 1101, the level 

17 for ‘‘Department of Housing and Urban Development, Of18 fice of Lead Hazard Control and Healthy Homes, Lead 

19 Hazard Reduction’’ shall be $120,000,000. 

20 SEC. 2254. Notwithstanding section 1101, the level 

21 under the heading ‘‘Related Agencies, United States Inter22 agency Council on Homelessness, Operating Expenses’’ 

23 shall be $2,680,000. 

24 SEC. 2255. Section 209 of the McKinney-Vento 

25 Homeless Assistance Act (42 U.S.C.11319) is amended by 


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1 striking all that follows ‘‘on’’ and inserting ‘‘October 1, 

2 2013.’’. 

3 SEC. 2256. The first proviso under the heading 

4 ‘‘Housing for the Elderly’’ and under the heading ‘‘Hous5 ing for Persons with Disabilities’’ in division A of Public 

6 Law 111–117 are each amended to read as follows: ‘‘Pro7 vided, That amounts obligated for initial project rental as8 sistance contracts from amounts appropriated in fiscal 

9 year 2003 and thereafter shall remain available for the 

10 purpose of paying such obligations incurred prior to the 

11 expiration of such amounts for a 10 year period following 

12 such expiration:’’. 

13 SEC. 2257. The amounts provided by section 1101 

14 for ‘‘Department of Housing and Urban Development, 

15 Housing Programs, Housing for Persons with Disabil16 ities’’ shall, in addition to use as provided under such 

17 heading in title II of division A of Public Law 111–117, 

18 be available for project assistance contracts pursuant to 

19 section 202(h) of the Housing Act of 1959 (12 U.S.C. 

20 1701q). 

21 SEC. 2258. Notwithstanding section 1101, the level 

22 under the heading ‘‘Department of Housing and Urban 

23 Development, Management and Administration, Trans24 formation Initiative’’ for combating mortgage fraud shall 

25 be $0. 


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1 SEC. 2259. The heading ‘‘Department of Housing 

2 and Urban Development, Management and Administra3 tion, Transformation Initiative’’ in title II of division A 

4 of Public Law 111–117 is amended by striking the second 

5 paragraph and inserting the following: ‘‘For necessary ex6 penses of information technology modernization, including 

7 development and deployment of a Next Generation of 

8 Voucher Management System and development and de9 ployment of modernized Federal Housing Administration 

10 systems, $71,000,000, to remain available until September 

11 30, 2013: Provided, That not more than 35 percent of the 

12 funds made available for information technology mod13 ernization may be obligated until the Secretary submits 

14 to the Committees on Appropriations a plan for expendi15 ture that (1) identifies for each modernization project (A) 

16 the functional and performance capabilities to be delivered 

17 and the mission benefits to be realized, (B) the estimated 

18 lifecycle cost, and (C) key milestones to be met; (2) dem19 onstrates that each modernization project is (A) compliant 

20 with the Department’s enterprise architecture, (B) being 

21 managed in accordance with applicable lifecycle manage22 ment policies and guidance, (C) subject to the Depart23 ment’s capital planning and investment control require24 ments, and (D) supported by an adequately staffed project 

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1 countability Office. In addition, of the amounts made 

2 available in this division under each of the following head3 ings under this title, the Secretary may transfer to, and 

4 merge with, this account up to 1 percent from each such 

5 account, and such transferred amounts shall be available 

6 until September 30, 2013, for (1) research, evaluation, 

7 and program metrics; (2) program demonstrations; (3) 

8 technical assistance and capacity building; and (4) infor9 mation technology: ‘Revitalization of Severely Distressed 

10 Public Housing’, ‘Section 108 Loan Guarantees’, ‘Hous11 ing Opportunities for Persons With AIDS’, ‘Community 

12 Development Fund’, ‘HOME Investment Partnerships 

13 Program’, ‘Self-Help and Assisted Homeownership Oppor14 tunity Program’, ‘Housing for the Elderly’, ‘Housing for 

15 Persons With Disabilities’, ‘Payment to Manufactured 

16 Housing Fees Trust Fund’, ‘Mutual Mortgage Insurance 

17 Program Account’, ‘General and Special Risk Program 

18 Account’, ‘Research and Technology’, ‘Lead Hazard Re19 duction’, ‘Rental Housing Assistance’, and ‘Fair Housing 

20 Activities’: Provided further, That of the amounts made 

21 available under this heading, not less than $45,000,000 

22 shall be available for technical assistance and capacity 

23 building: Provided further, That technical assistance ac24 tivities shall include, technical assistance for HUD pro25 grams, including HOME, Community Development Block 


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1 Grant, homeless programs, HOPWA, HOPE VI, Public 

2 Housing, the Housing Choice Voucher Program, Fair 

3 Housing Initiative Program, Housing Counseling, Healthy 

4 Homes, Sustainable Communities, Energy Innovation 

5 Fund and other technical assistance as determined by the 

6 Secretary: Provided further, That any amounts available 

7 for research, evaluation, and program metrics and pro8 gram demonstrations shall be used to complete ongoing 

9 projects, evaluations, and assessments: Provided further, 

10 That the Secretary shall submit a plan to the House and 

11 Senate Committees on Appropriations for approval detail12 ing how the funding provided under this section will be 

13 allocated to each of the four categories identified under 

14 this section and for what projects or activities funding will 

15 be used: Provided further, That following the initial ap16 proval of this plan, the Secretary may amend the plan with 

17 the approval of the House and Senate Committees on Ap18 propriations.’’. 

19 SEC. 2260. Notwithstanding section 1101, the level 

20 for ‘‘National Railroad Passenger Corporation, Office of 

21 Inspector General, Salaries and Expenses’’ shall be 

22 $19,350,000. 

23 SEC. 2261. No rescission made in this title shall 

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1 rent resolution on the budget or the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 SEC. 2262. None of the funds made available by this 

4 division may be used to pay the salaries and expenses for 

5 the following positions: 

6 (1) Director, White House Office of Health Re7 form. 

8 (2) Assistant to the President for Energy and 

9 Climate Change. 

10 (3) Senior Advisor to the Secretary of the 

11 Treasury assigned to the Presidential Task Force on 

12 the Auto Industry and Senior Counselor for Manu13 facturing Policy. 

14 (4) White House Director of Urban Affairs. 

15 This division may be cited as the ‘‘Full-Year Con16 tinuing Appropriations Act, 2011’’. 

17 DIVISION C—SCHOLARSHIPS 

18 FOR OPPORTUNITY AND RE19 SULTS ACT 

20 SEC. 3001. SHORT TITLE. 

21 This division may be cited as the ‘‘Scholarships for 

22 Opportunity and Results Act’’ or the ‘‘SOAR Act’’. 

23 SEC. 3002. FINDINGS. 

24 Congress finds the following: 


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1 (1) Parents are best equipped to make decisions 

2 for their children, including the educational setting 

3 that will best serve the interests and educational 

4 needs of their child. 

5 (2) For many parents in the District of Colum6 bia, public school choice provided under the Elemen7 tary and Secondary Education Act of 1965, as well 

8 as under other public school choice programs, is in9 adequate. More educational options are needed to 

10 ensure all families in the District of Columbia have 

11 access to a quality education. In particular, funds 

12 are needed to provide low-income parents with en13 hanced public opportunities and private educational 

14 environments, regardless of whether such environ15 ments are secular or nonsecular. 

16 (3) While the per student cost for students in 

17 the public schools of the District of Columbia is one 

18 of the highest in the United States, test scores for 

19 such students continue to be among the lowest in 

20 the Nation. The National Assessment of Educational 

21 Progress (NAEP), an annual report released by the 

22 National Center for Education Statistics, reported in 

23 its 2009 study that students in the District of Co24 lumbia were being outperformed by every State in 

25 the Nation. On the 2009 NAEP, 56 percent of 


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1 fourth grade students scored ‘‘below basic’’ in read2 ing, and 44 percent scored ‘‘below basic’’ in mathe3 matics. Among eighth grade students, 49 percent 

4 scored ‘‘below basic’’ in reading and 60 percent 

5 scored ‘‘below basic’’ in mathematics. On the 2009 

6 NAEP reading assessment, only 17 percent of the 

7 District of Columbia fourth grade students could 

8 read proficiently, while only 13 percent of the eighth 

9 grade students scored at the proficient or advanced 

10 level. 

11 (4) In 2003, Congress passed the DC School 

12 Choice Incentive Act of 2003 (Public Law 108–199; 

13 118 Stat. 126), to provide opportunity scholarships 

14 to parents of students in the District of Columbia to 

15 enable them to pursue a high-quality education at a 

16 public or private elementary or secondary school of 

17 their choice. The DC Opportunity Scholarship Pro18 gram (DC OSP) under such Act was part of a com19 prehensive 3-part funding arrangement that also in20 cluded additional funds for the District of Columbia 

21 public schools, and additional funds for public char22 ter schools of the District of Columbia. The intent 

23 of the approach was to ensure that progress would 

24 continue to be made to improve public schools and 

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1 portunity scholarship program would not lead to a 

2 reduction in funding for the District of Columbia 

3 public and charter schools. Resources would be avail4 able for a variety of educational options that would 

5 give families in the District of Columbia a range of 

6 choices with regard to the education of their chil7 dren. 

8 (5) The DC OSP was established in accordance 

9 with the Supreme Court decision, Zelman v. Sim10 mons-Harris, 536 U.S. 639 (2002), which found 

11 that a program enacted for the valid secular purpose 

12 of providing educational assistance to low-income 

13 children in a demonstrably failing public school sys14 tem is constitutional if it is neutral with respect to 

15 religion and provides assistance to a broad class of 

16 citizens who direct government aid to religious and 

17 secular schools solely as a result of their genuine 

18 and independent private choices. 

19 (6) Since the inception of the DC OSP, it has 

20 consistently been oversubscribed. Parents express 

21 strong support for the opportunity scholarship pro22 gram. Rigorous studies of the program by the Insti23 tute of Education Sciences have shown significant 

24 improvements in parental satisfaction and in reading 

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1 dents consistently using the scholarships are consid2 ered. The program also was found to result in sig3 nificantly higher graduation rates for DC OSP stu4 dents. 

5 (7) The DC OSP is a program that offers fami6 lies in need, in the District of Columbia, important 

7 alternatives while public schools are improved. This 

8 program should be reauthorized as 1 of a 3-part 

9 comprehensive funding strategy for the District of 

10 Columbia school system that provides new and equal 

11 funding for public schools, public charter schools, 

12 and opportunity scholarships for students to attend 

13 private schools. 

14 SEC. 3003. PURPOSE. 

15 The purpose of this division is to provide low-income 

16 parents residing in the District of Columbia, particularly 

17 parents of students who attend elementary schools or sec18 ondary schools identified for improvement, corrective ac19 tion, or restructuring under section 1116 of the Elemen20 tary and Secondary Education Act of 1965 (20 U.S.C. 

21 6316), with expanded opportunities for enrolling their 

22 children in other schools in the District of Columbia, at 

23 least until the public schools in the District of Columbia 

24 have adequately addressed shortfalls in health, safety, and 

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1 lic schools are testing in mathematics and reading at or 

2 above the national average. 

3 SEC. 3004. GENERAL AUTHORITY. 

4 (a) OPPORTUNITY SCHOLARSHIPS.— 

5 (1) IN GENERAL.—From funds appropriated 

6 under section 3014(a)(1), the Secretary shall award 

7 grants on a competitive basis to eligible entities with 

8 approved applications under section 3005 to carry 

9 out a program to provide eligible students with ex10 panded school choice opportunities. The Secretary 

11 may award a single grant or multiple grants, de12 pending on the quality of applications submitted and 

13 the priorities of this division. 

14 (2) DURATION OF GRANTS.—The Secretary 

15 may make grants under this subsection for a period 

16 of not more than 5 years. 

17 (b) DC PUBLIC SCHOOLS AND CHARTER

18 SCHOOLS.—From funds appropriated under paragraphs 

19 (2) and (3) of section 3014(a), the Secretary shall provide 

20 funds to the Mayor of the District of Columbia, if the 

21 Mayor agrees to the requirements described in section 

22 3011(a), for— 

23 (1) the District of Columbia public schools to 

24 improve public education in the District of Colum25 bia; and 


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1 (2) the District of Columbia public charter 

2 schools to improve and expand quality public charter 

3 schools in the District of Columbia. 

4 SEC. 3005. APPLICATIONS. 

5 (a) IN GENERAL.—In order to receive a grant under 

6 section 3004(a), an eligible entity shall submit an applica7 tion to the Secretary at such time, in such manner, and 

8 accompanied by such information as the Secretary may 

9 require. 

10 (b) CONTENTS.—The Secretary may not approve the 

11 request of an eligible entity for a grant under section 

12 3004(a) unless the entity’s application includes— 

13 (1) a detailed description of— 

14 (A) how the entity will address the prior15 ities described in section 3006; 

16 (B) how the entity will ensure that if more 

17 eligible students seek admission in the program 

18 of the entity than the program can accommo19 date, eligible students are selected for admission 

20 through a random selection process which gives 

21 weight to the priorities described in section 

22 3006; 

23 (C) how the entity will ensure that if more 

24 participating eligible students seek admission to 

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1 commodate, participating eligible students are 

2 selected for admission through a random selec3 tion process; 

4 (D) how the entity will notify parents of el5 igible students of the expanded choice opportu6 nities in order to allow the parents to make in7 formed decisions; 

8 (E) the activities that the entity will carry 

9 out to provide parents of eligible students with 

10 expanded choice opportunities through the 

11 awarding of scholarships under section 3007(a); 

12 (F) how the entity will determine the 

13 amount that will be provided to parents under 

14 section 3007(a)(2) for the payment of tuition, 

15 fees, and transportation expenses, if any; 

16 (G) how the entity will seek out private el17 ementary schools and secondary schools in the 

18 District of Columbia to participate in the pro19 gram; 

20 (H) how the entity will ensure that each 

21 participating school will meet the reporting and 

22 other program requirements under this division; 

23 (I) how the entity will ensure that partici24 pating schools submit to site visits by the entity 

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1 cept that a participating school may not be re2 quired to submit to more than 1 site visit per 

3 school year; 

4 (J) how the entity will ensure that partici5 pating schools are financially responsible and 

6 will use the funds received under section 3007 

7 effectively; 

8 (K) how the entity will address the renewal 

9 of scholarships to participating eligible stu10 dents, including continued eligibility; and 

11 (L) how the entity will ensure that a ma12 jority of its voting board members or governing 

13 organization are residents of the District of Co14 lumbia; and 

15 (2) an assurance that the entity will comply 

16 with all requests regarding any evaluation carried 

17 out under section 3009(a). 

18 SEC. 3006. PRIORITIES. 

19 In awarding grants under section 3004(a), the Sec20 retary shall give priority to applications from eligible enti21 ties that will most effectively— 

22 (1) in awarding scholarships under section 

23 3007(a), give priority to— 

24 (A) eligible students who, in the school 

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1 gible students are seeking a scholarship, at2 tended an elementary school or secondary 

3 school identified for improvement, corrective ac4 tion, or restructuring under section 1116 of the 

5 Elementary and Secondary Education Act of 

6 1965 (20 U.S.C. 6316); 

7 (B) students who have been awarded a 

8 scholarship in a preceding year under this divi9 sion or the DC School Choice Incentive Act of 

10 2003 (sec. 38–1851.01 et seq., D.C. Official 

11 Code), as such Act was in effect on the day be12 fore the date of the enactment of this division, 

13 but who have not used the scholarship, includ14 ing eligible students who were provided notifica15 tion of selection for a scholarship for school 

16 year 2009-2010, which was later rescinded in 

17 accordance with direction from the Secretary of 

18 Education; and 

19 (C) students whose household includes a 

20 sibling or other child who is already partici21 pating in the program of the eligible entity 

22 under this division, regardless of whether such 

23 students have, in the past, been assigned as 

24 members of a control study group for the pur25 poses of an evaluation under section 3009(a); 


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1 (2) target resources to students and families 

2 that lack the financial resources to take advantage 

3 of available educational options; and 

4 (3) provide students and families with the 

5 widest range of educational options. 

6 SEC. 3007. USE OF FUNDS. 

7 (a) OPPORTUNITY SCHOLARSHIPS.— 

8 (1) IN GENERAL.—Subject to paragraphs (2) 

9 and (3), an eligible entity receiving a grant under 

10 section 3004(a) shall use the grant funds to provide 

11 eligible students with scholarships to pay the tuition, 

12 fees, and transportation expenses, if any, to enable 

13 the eligible students to attend the District of Colum14 bia private elementary school or secondary school of 

15 their choice beginning in school year 2011–2012. 

16 Each such eligible entity shall ensure that the 

17 amount of any tuition or fees charged by a school 

18 participating in such entity’s program under this di19 vision to an eligible student participating in the pro20 gram does not exceed the amount of tuition or fees 

21 that the school charges to students who do not par22 ticipate in the program. 

23 (2) PAYMENTS TO PARENTS.—An eligible entity 

24 receiving a grant under section 3004(a) shall make 

25 scholarship payments under the entity’s program 


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1 under this division to the parent of the eligible stu2 dent participating in the program, in a manner 

3 which ensures that such payments will be used for 

4 the payment of tuition, fees, and transportation ex5 penses (if any), in accordance with this division. 

6 (3) AMOUNT OF ASSISTANCE.— 

7 (A) VARYING AMOUNTS PERMITTED.—Sub8 ject to the other requirements of this section, 

9 an eligible entity receiving a grant under sec10 tion 3004(a) may award scholarships in larger 

11 amounts to those eligible students with the 

12 greatest need. 

13 (B) ANNUAL LIMIT ON AMOUNT.— 

14 (i) LIMIT FOR SCHOOL YEAR 2011– 

15 2012.—The amount of assistance provided 

16 to any eligible student by an eligible entity 

17 under the entity’s program under this divi18 sion for school year 2011–2012 may not 

19 exceed— 

20 (I) $8,000 for attendance in kin21 dergarten through grade 8; and 

22 (II) $12,000 for attendance in 

23 grades 9 through 12. 

24 (ii) CUMULATIVE INFLATION ADJUST25 MENT.—Beginning with school year 2012- 


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1 2013, the Secretary shall adjust the max2 imum amounts of assistance described in 

3 clause (i) for inflation, as measured by the 

4 percentage increase, if any, from the pre5 ceding fiscal year in the Consumer Price 

6 Index for All Urban Consumers, published 

7 by the Bureau of Labor Statistics of the 

8 Department of Labor. 

9 (4) PARTICIPATING SCHOOL REQUIREMENTS.— 

10 None of the funds provided under this division for 

11 opportunity scholarships may be used by an eligible 

12 student to enroll in a participating private school 

13 unless the participating school— 

14 (A) has and maintains a valid certificate of 

15 occupancy issued by the District of Columbia; 

16 (B) makes readily available to all prospec17 tive students information on its school accredi18 tation; 

19 (C) in the case of a school that has been 

20 operating for 5 years or less, submits to the eli21 gible entity administering the program proof of 

22 adequate financial resources reflecting the fi23 nancial sustainability of the school and the 

24 school’s ability to be in operation through the 

25 school year; 


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1 (D) agrees to submit to site visits as deter2 mined to be necessary by the eligible entity pur3 suant to section 3005(b)(1)(I); 

4 (E) has financial systems, controls, poli5 cies, and procedures to ensure that funds are 

6 used according to this division; and 

7 (F) ensures that each teacher of core sub8 ject matter in the school has a baccalaureate 

9 degree or equivalent degree, whether such de10 gree was awarded in or outside of the United 

11 States. 

12 (b) ADMINISTRATIVE EXPENSES.—An eligible entity 

13 receiving a grant under section 3004(a) may use not more 

14 than 3 percent of the amount provided under the grant 

15 each year for the administrative expenses of carrying out 

16 its program under this division during the year, includ17 ing— 

18 (1) determining the eligibility of students to 

19 participate; 

20 (2) selecting eligible students to receive scholar21 ships; 

22 (3) determining the amount of scholarships and 

23 issuing the scholarships to eligible students; 

24 (4) compiling and maintaining financial and 

25 programmatic records; and 


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1 (5) conducting site visits as described in section 

2 3005(b)(1)(I). 

3 (c) PARENTAL ASSISTANCE.—An eligible entity re4 ceiving a grant under section 3004(a) may use not more 

5 than 2 percent of the amount provided under the grant 

6 each year for the expenses of educating parents about the 

7 entity’s program under this division, and assisting parents 

8 through the application process, under this division, in9 cluding— 

10 (1) providing information about the program 

11 and the participating schools to parents of eligible 

12 students; 

13 (2) providing funds to assist parents of stu14 dents in meeting expenses that might otherwise pre15 clude the participation of eligible students in the 

16 program; and 

17 (3) streamlining the application process for par18 ents. 

19 (d) STUDENT ACADEMIC ASSISTANCE.—An eligible 

20 entity receiving a grant under section 3004(a) may use 

21 not more than 1 percent of the amount provided under 

22 the grant each year for expenses to provide tutoring serv23 ices to participating eligible students that need additional 

24 academic assistance. If there are insufficient funds to pro25 vide tutoring services to all such students in a year, the 


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1 eligible entity shall give priority in such year to students 

2 who previously attended an elementary school or sec3 ondary school that was identified for improvement, correc4 tive action, or restructuring under section 1116 of the Ele5 mentary and Secondary Education Act of 1965 (20 U.S.C. 

6 6316). 

7 SEC. 3008. NONDISCRIMINATION AND OTHER REQUIRE8 MENTS FOR PARTICIPATING SCHOOLS. 

9 (a) IN GENERAL.—An eligible entity or a school par10 ticipating in any program under this division shall not dis11 criminate against program participants or applicants on 

12 the basis of race, color, national origin, religion, or sex. 

13 (b) APPLICABILITY AND SINGLE SEX SCHOOLS, 

14 CLASSES, OR ACTIVITIES.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, the prohibition of sex discrimina17 tion in subsection (a) shall not apply to a partici18 pating school that is operated by, supervised by, con19 trolled by, or connected to a religious organization to 

20 the extent that the application of subsection (a) is 

21 inconsistent with the religious tenets or beliefs of the 

22 school. 

23 (2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI24 TIES.—Notwithstanding subsection (a) or any other 


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1 provision of law, a parent may choose and a school 

2 may offer a single sex school, class, or activity. 

3 (3) APPLICABILITY.—For purposes of this divi4 sion, the provisions of section 909 of the Education 

5 Amendments of 1972 (20 U.S.C. 1688) shall apply 

6 to this division as if section 909 of the Education 

7 Amendments of 1972 (20 U.S.C. 1688) were part of 

8 this division. 

9 (c) CHILDREN WITH DISABILITIES.—Nothing in this 

10 division may be construed to alter or modify the provisions 

11 of the Individuals with Disabilities Education Act (20 

12 U.S.C. 1400 et seq.). 

13 (d) RELIGIOUSLY AFFILIATED SCHOOLS.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, a school participating in any pro16 gram under this division that is operated by, super17 vised by, controlled by, or connected to, a religious 

18 organization may exercise its right in matters of em19 ployment consistent with title VII of the Civil Rights 

20 Act of 1964 (42 U.S.C. 2000e–1 et seq.), including 

21 the exemptions in such title. 

22 (2) MAINTENANCE OF PURPOSE.—Notwith23 standing any other provision of law, funds made 

24 available under this division to eligible students, 

25 which are used at a participating school as a result 


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1 of their parents’ choice, shall not, consistent with 

2 the first amendment of the Constitution, necessitate 

3 any change in the participating school’s teaching 

4 mission, require any participating school to remove 

5 religious art, icons, scriptures, or other symbols, or 

6 preclude any participating school from retaining reli7 gious terms in its name, selecting its board members 

8 on a religious basis, or including religious references 

9 in its mission statements and other chartering or 

10 governing documents. 

11 (e) RULE OF CONSTRUCTION.—A scholarship (or any 

12 other form of support provided to parents of eligible stu13 dents) under this division shall be considered assistance 

14 to the student and shall not be considered assistance to 

15 the school that enrolls the eligible student. The amount 

16 of any scholarship (or other form of support provided to 

17 parents of an eligible student) under this division shall not 

18 be treated as income of the child or his or her parents 

19 for purposes of Federal tax laws or for determining eligi20 bility for any other Federal program. 

21 (f) REQUESTS FOR DATA AND INFORMATION.—Each 

22 school participating in a program funded under this divi23 sion shall comply with all requests for data and informa24 tion regarding evaluations conducted under section 

25 3009(a). 


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1 (g) RULES OF CONDUCT AND OTHER SCHOOL POLI2 CIES.—A participating school, including the schools de3 scribed in subsection (d), may require eligible students to 

4 abide by any rules of conduct and other requirements ap5 plicable to all other students at the school. 

6 (h) NATIONALLY NORM-REFERENCED STANDARD7 IZED TESTS.— 

8 (1) IN GENERAL.—Each participating school 

9 shall comply with any testing requirements deter10 mined to be necessary for evaluation under section 

11 3009(a)(2)(A)(i). 

12 (2) MAKE-UP SESSION.—If a participating 

13 school does not administer a nationally norm-ref14 erenced standardized test or the Institute of Edu15 cation Sciences does not receive data on a student 

16 who is receiving an opportunity scholarship, then the 

17 Secretary (through the Institute of Education 

18 Sciences of the Department of Education) shall ad19 minister such test at least one time during a school 

20 year for each student receiving an opportunity schol21 arship. 

22 SEC. 3009. EVALUATIONS. 

23 (a) IN GENERAL.— 


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1 (1) DUTIES OF THE SECRETARY AND THE

2 MAYOR.—The Secretary and the Mayor of the Dis3 trict of Columbia shall— 

4 (A) jointly enter into an agreement with 

5 the Institute of Education Sciences of the De6 partment of Education to evaluate annually the 

7 performance of students who received scholar8 ships under the 5-year program under this divi9 sion; 

10 (B) jointly enter into an agreement to 

11 monitor and evaluate the use of funds author12 ized and appropriated for the District of Co13 lumbia public schools and the District of Co14 lumbia public charter schools under this divi15 sion; and 

16 (C) make the evaluations described in sub17 paragraphs (A) and (B) public in accordance 

18 with subsection (c). 

19 (2) DUTIES OF THE SECRETARY.—The Sec20 retary, through a grant, contract, or cooperative 

21 agreement, shall— 

22 (A) ensure that the evaluation under para23 graph (1)(A)— 

24 (i) is conducted using the strongest 

25 possible research design for determining 


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1 the effectiveness of the opportunity schol2 arship program under this division; and 

3 (ii) addresses the issues described in 

4 paragraph (4); and 

5 (B) disseminate information on the impact 

6 of the program— 

7 (i) in increasing the academic growth 

8 and achievement of participating eligible 

9 students; and 

10 (ii) on students and schools in the 

11 District of Columbia. 

12 (3) DUTIES OF THE INSTITUTE OF EDUCATION

13 SCIENCES.—The Institute of Education Sciences of 

14 the Department of Education shall— 

15 (A) use a grade appropriate, nationally 

16 norm-referenced standardized test each school 

17 year to assess participating eligible students; 

18 (B) measure the academic achievement of 

19 all participating eligible students; and 

20 (C) work with the eligible entities to en21 sure that the parents of each student who ap22 plies for a scholarship under this division (re23 gardless of whether the student receives the 

24 scholarship) and the parents of each student 

25 participating in the scholarship program under 


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1 this division, agree that the student will partici2 pate in the measurements given annually by the 

3 Institute of Educational Sciences for the period 

4 for which the student applied for or received the 

5 scholarship, respectively, except that nothing in 

6 this subparagraph shall affect a student’s pri7 ority for an opportunity scholarship as provided 

8 under section 3006. 

9 (4) ISSUES TO BE EVALUATED.—The issues to 

10 be evaluated under paragraph (1)(A) shall include 

11 the following: 

12 (A) A comparison of the academic growth 

13 and achievement of participating eligible stu14 dents in the measurements described in para15 graph (3) to the academic growth and achieve16 ment of the eligible students in the same grades 

17 who sought to participate in the scholarship 

18 program under this division but were not se19 lected. 

20 (B) The success of the program in expand21 ing choice options for parents of participating 

22 eligible students, improving parental and stu23 dent satisfaction of such parents and students, 

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1 ment of such parents in the education of their 

2 children. 

3 (C) The reasons parents of participating 

4 eligible students choose for their children to 

5 participate in the program, including important 

6 characteristics for selecting schools. 

7 (D) A comparison of the retention rates, 

8 high school graduation rates, and college admis9 sion rates of participating eligible students with 

10 the retention rates, high school graduation 

11 rates, and college admission rates of students of 

12 similar backgrounds who do not participate in 

13 such program. 

14 (E) A comparison of the safety of the 

15 schools attended by participating eligible stu16 dents and the schools in the District of Colum17 bia attended by students who do not participate 

18 in the program, based on the perceptions of the 

19 students and parents. 

20 (F) Such other issues with respect to par21 ticipating eligible students as the Secretary con22 siders appropriate for inclusion in the evalua23 tion, such as the impact of the program on pub24 lic elementary schools and secondary schools in 

25 the District of Columbia. 


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1 (G) An analysis of the issues described in 

2 subparagraphs (A) through (F) by applying 

3 such subparagraphs by substituting ‘‘the sub4 group of participating eligible students who 

5 have used each opportunity scholarship awarded 

6 to such students under this division to attend a 

7 participating school’’ for ‘‘participating eligible 

8 students’’ each place such term appears. 

9 (5) PROHIBITION.—Personally identifiable in10 formation regarding the results of the measurements 

11 used for the evaluations may not be disclosed, except 

12 to the parents of the student to whom the informa13 tion relates. 

14 (b) REPORTS.—The Secretary shall submit to the 

15 Committees on Appropriations, Education and the Work16 force, and Oversight and Government Reform of the 

17 House of Representatives and the Committees on Appro18 priations, Health, Education, Labor, and Pensions, and 

19 Homeland Security and Governmental Affairs of the Sen20 ate— 

21 (1) annual interim reports, not later than April 

22 1 of the year following the year of the date of enact23 ment of this division, and each subsequent year 

24 through the year in which the final report is sub25 mitted under paragraph (2), on the progress and 


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1 preliminary results of the evaluation of the oppor2 tunity scholarship program funded under this divi3 sion; and 

4 (2) a final report, not later than 1 year after 

5 the final year for which a grant is made under sec6 tion 3004(a), on the results of the evaluation of the 

7 program. 

8 (c) PUBLIC AVAILABILITY.—All reports and under9 lying data gathered pursuant to this section shall be made 

10 available to the public upon request, in a timely manner 

11 following submission of the applicable report under sub12 section (b), except that personally identifiable information 

13 shall not be disclosed or made available to the public. 

14 (d) LIMIT ON AMOUNT EXPENDED.—The amount ex15 pended by the Secretary to carry out this section for any 

16 fiscal year may not exceed 5 percent of the total amount 

17 appropriated under section 3014(a)(1) for the fiscal year. 

18 SEC. 3010. REPORTING REQUIREMENTS. 

19 (a) ACTIVITIES REPORTS.—Each eligible entity re20 ceiving funds under section 3004(a) during a year shall 

21 submit a report to the Secretary not later than July 30 

22 of the following year regarding the activities carried out 

23 with the funds during the preceding year. 

24 (b) ACHIEVEMENT REPORTS.— 


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1 (1) IN GENERAL.—In addition to the reports 

2 required under subsection (a), each eligible entity re3 ceiving funds under section 3004(a) shall, not later 

4 than September 1 of the year during which the sec5 ond school year of the entity’s program is completed 

6 and each of the next 2 years thereafter, submit to 

7 the Secretary a report, including any pertinent data 

8 collected in the preceding 2 school years, con9 cerning— 

10 (A) the academic growth and achievement 

11 of students participating in the program; 

12 (B) the high school graduation and college 

13 admission rates of students who participate in 

14 the program, where appropriate; and 

15 (C) parental satisfaction with the program. 

16 (2) PROHIBITING DISCLOSURE OF PERSONAL

17 INFORMATION.—No report under this subsection 

18 may contain any personally identifiable information. 

19 (c) REPORTS TO PARENTS.— 

20 (1) IN GENERAL.—Each eligible entity receiving 

21 funds under section 3004(a) shall ensure that each 

22 school participating in the entity’s program under 

23 this division during a school year reports at least 

24 once during the year to the parents of each of the 


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1 school’s students who are participating in the pro2 gram on— 

3 (A) the student’s academic achievement, as 

4 measured by a comparison with the aggregate 

5 academic achievement of other participating 

6 students at the student’s school in the same 

7 grade or level, as appropriate, and the aggre8 gate academic achievement of the student’s 

9 peers at the student’s school in the same grade 

10 or level, as appropriate; 

11 (B) the safety of the school, including the 

12 incidence of school violence, student suspen13 sions, and student expulsions; and 

14 (C) the accreditation status of the school. 

15 (2) PROHIBITING DISCLOSURE OF PERSONAL

16 INFORMATION.—No report under this subsection 

17 may contain any personally identifiable information, 

18 except as to the student who is the subject of the 

19 report to that student’s parent. 

20 (d) REPORT TO CONGRESS.—Not later than 6 

21 months after the first appropriation of funds under section 

22 3014, and each succeeding year thereafter, the Secretary 

23 shall submit to the Committees on Appropriations, Edu24 cation and the Workforce, and Oversight and Government 

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1 tees on Appropriations, Health, Education, Labor, and 

2 Pensions, and Homeland Security and Governmental Af3 fairs of the Senate, an annual report on the findings of 

4 the reports submitted under subsections (a) and (b). 

5 SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER 

6 SCHOOLS. 

7 (a) CONDITION OF RECEIPT OF FUNDS.—As a condi8 tion of receiving funds under this division on behalf of the 

9 District of Columbia public schools and the District of Co10 lumbia public charter schools, the Mayor shall agree to 

11 carry out the following: 

12 (1) INFORMATION REQUESTS.—Ensure that all 

13 the District of Columbia public schools and the Dis14 trict of Columbia public charter schools comply with 

15 all reasonable requests for information for purposes 

16 of the evaluation under section 3009(a). 

17 (2) AGREEMENT WITH THE SECRETARY.— 

18 Enter into the agreement described in section 

19 3009(a)(1)(B) to monitor and evaluate the use of 

20 funds authorized and appropriated for the District 

21 of Columbia public schools and the District of Co22 lumbia public charter schools under this division. 

23 (3) SUBMISSION OF REPORT.—Not later than 6 

24 months after the first appropriation of funds under 

25 section 3014, and each succeeding year thereafter, 


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1 submit to the Committee on Appropriations, the 

2 Committee on Education and the Workforce, and 

3 the Committee on Oversight and Government Re4 form of the House of Representatives, and the Com5 mittee on Appropriations, the Committee on Health, 

6 Education, Labor, and Pensions, and the Committee 

7 on Homeland Security and Governmental Affairs of 

8 the Senate, information on— 

9 (A) how the funds authorized and appro10 priated under this division for the District of 

11 Columbia public schools and the District of Co12 lumbia public charter schools were used in the 

13 preceding school year; and 

14 (B) how such funds are contributing to 

15 student achievement. 

16 (b) ENFORCEMENT.—If, after reasonable notice and 

17 an opportunity for a hearing for the Mayor, the Secretary 

18 determines that the Mayor has not been in compliance 

19 with 1 or more of the requirements described in subsection 

20 (a), the Secretary may withhold from the Mayor, in whole 

21 or in part, further funds under this division for the Dis22 trict of Columbia public schools and the District of Colum23 bia public charter schools. 

24 (c) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to reduce, or otherwise affect, 


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1 funding provided under this division for the opportunity 

2 scholarship program under this division. 

3 SEC. 3012. TRANSITION PROVISIONS. 

4 (a) REPEAL.—The DC School Choice Incentive Act 

5 of 2003 (sec. 38–1851.01 et seq., D.C. Official Code) is 

6 repealed. 

7 (b) SPECIAL RULES.—Notwithstanding any other 

8 provision of law— 

9 (1) funding appropriated to provide opportunity 

10 scholarships for students in the District of Columbia 

11 under the heading ‘‘Federal Payment for School Im12 provement’’ in title IV of division D of the Omnibus 

13 Appropriations Act, 2009 (Public Law 111–8; 123 

14 Stat. 653), the heading ‘‘Federal Payment for 

15 School Improvement’’ in title IV of division C of the 

16 Consolidated Appropriations Act, 2010 (Public Law 

17 111–117; 123 Stat. 3181), or any other Act, may be 

18 used to provide opportunity scholarships under sec19 tion 3007(a) for the 2011–2012 school year to stu20 dents who have not previously received such scholar21 ships; 

22 (2) the fourth and fifth provisos under the 

23 heading ‘‘Federal Payment for School Improvement’’ 

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1 priations Act, 2010 (Public Law 111–117; 123 Stat. 

2 3181) shall not apply; and 

3 (3) any unobligated amounts reserved to carry 

4 out the provisos described in paragraph (2) shall be 

5 made available to an eligible entity receiving a grant 

6 under section 3004(a)— 

7 (A) for administrative expenses described 

8 in section 3007(b); or 

9 (B) to provide opportunity scholarships 

10 under section 3007(a), including to provide 

11 such scholarships for the 2011–2012 school 

12 year to students who have not previously re13 ceived such scholarships. 

14 (c) MULTIYEAR AWARDS.—The recipient of a grant 

15 or contract under the DC School Choice Incentive Act of 

16 2003 (sec. 38–1851.01 et seq., D.C. Official Code), as 

17 such Act was in effect on the day before the date of the 

18 enactment of this division, shall continue to receive funds 

19 in accordance with the terms and conditions of such grant 

20 or contract, except that— 

21 (1) the provisos relating to opportunity scholar22 ships in the Acts described in subsection (b)(1) shall 

23 not apply; and 


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1 (2) the memorandum of understanding de2 scribed in subsection (d), including any revision 

3 made under such subsection, shall apply. 

4 (d) MEMORANDUM OF UNDERSTANDING.—The Sec5 retary and the Mayor of the District of Columbia shall 

6 revise the memorandum of understanding entered into 

7 under the DC School Choice Incentive Act of 2003 (sec. 

8 38–1851.01 et seq., D.C. Official Code), as such Act was 

9 in effect on the day before the date of the enactment of 

10 this division, to address— 

11 (1) the implementation of the opportunity 

12 scholarship program under this division; and 

13 (2) how the Mayor will ensure that the District 

14 of Columbia public schools and the District of Co15 lumbia public charter schools comply with all the 

16 reasonable requests for information as necessary to 

17 fulfill the requirements for evaluations conducted 

18 under section 3009(a). 

19 (e) ORDERLY TRANSITION.—Subject to subsections 

20 (c) and (d), the Secretary shall take such steps as the Sec21 retary determines to be appropriate to provide for the or22 derly transition to the authority of this division from any 

23 authority under the provisions of the DC School Choice 

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1 cial Code), as such Act was in effect on the day before 

2 the date of enactment of this division. 

3 SEC. 3013. DEFINITIONS. 

4 As used in this division: 

5 (1) ELEMENTARY SCHOOL.—The term ‘‘elemen6 tary school’’ means an institutional day or residen7 tial school, including a public elementary charter 

8 school, that provides elementary education, as deter9 mined under District of Columbia law. 

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means any of the following: 

12 (A) A nonprofit organization. 

13 (B) A consortium of nonprofit organiza14 tions. 

15 (3) ELIGIBLE STUDENT.—The term ‘‘eligible 

16 student’’ means a student who is a resident of the 

17 District of Columbia and comes from a household— 

18 (A) receiving assistance under the supple19 mental nutrition assistance program established 

20 under the Food and Nutrition Act of 2008 (7 

21 U.S.C. 2011 et seq.); or 

22 (B) whose income does not exceed— 

23 (i) 185 percent of the poverty line; or 

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1 gram in the preceding year under this divi2 sion or the DC School Choice Incentive Act 

3 of 2003 (sec. 38–1851.01 et seq., D.C. Of4 ficial Code), as such Act was in effect on 

5 the day before the date of enactment of 

6 this division, 300 percent of the poverty 

7 line. 

8 (4) MAYOR.—The term ‘‘Mayor’’ means the 

9 Mayor of the District of Columbia. 

10 (5) PARENT.—The term ‘‘parent’’ has the 

11 meaning given that term in section 9101 of the Ele12 mentary and Secondary Education Act of 1965 (20 

13 U.S.C. 7801). 

14 (6) PARTICIPATING ELIGIBLE STUDENT.—The 

15 term ‘‘participating eligible student’’ means an eligi16 ble student awarded an opportunity scholarship 

17 under this division, without regard to whether the 

18 student uses the scholarship to attend a partici19 pating school. 

20 (7) PARTICIPATING SCHOOL.—The term ‘‘par21 ticipating school’’ means a private elementary school 

22 or secondary school participating in the opportunity 

23 scholarship program of an eligible entity under this 

24 division. 


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1 (8) POVERTY LINE.—The term ‘‘poverty line’’ 

2 has the meaning given that term in section 9101 of 

3 the Elementary and Secondary Education Act of 

4 1965 (20 U.S.C. 7801). 

5 (9) SECONDARY SCHOOL.—The term ‘‘sec6 ondary school’’ means an institutional day or resi7 dential school, including a public secondary charter 

8 school, that provides secondary education, as deter9 mined under District of Columbia law, except that 

10 the term does not include any education beyond 

11 grade 12. 

12 (10) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Education. 

14 SEC. 3014. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There are authorized to be appro16 priated $60,000,000 for fiscal year 2012 and for each of 

17 the 4 succeeding fiscal years, of which— 

18 (1) one-third shall be made available to carry 

19 out the opportunity scholarship program under this 

20 division for each fiscal year; 

21 (2) one-third shall be made available to carry 

22 out section 3004(b)(1) for each fiscal year; and 

23 (3) one-third shall be made available to carry 

24 out section 3004(b)(2) for each fiscal year. 


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1 (b) APPORTIONMENT.—If the total amount of funds 

2 appropriated under subsection (a) for a fiscal year does 

3 not equal $60,000,000, the funds shall be apportioned in 

4 the manner described in subsection (a) for such fiscal 

5 year. 

Æ 


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