I 

112TH CONGRESS 

1ST SESSION H. R. 1 

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 

FEBRUARY 11, 2011 

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

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

the Budget, 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. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 1 IH

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

3 SECTION 1. TABLE OF CONTENTS. 

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

Division A—Department of Defense Appropriations Act, 2011 

Division B—Full-Year Continuing Appropriations for Fiscal Year 2011 

Division C—Stimulus Rescissions 

Division D—Miscellaneous Provisions. 

5 SEC. 2. REFERENCES. 

6 Except as expressly provided otherwise, any reference 

7 to ‘‘this Act’’ contained in division A of this Act shall be 

8 treated as referring only to the provisions of that division. 

9 DIVISION A—DEPARTMENT OF DEFENSE 

10 APPROPRIATIONS ACT, 2011 

11 The following sums are appropriated, out of any 

12 money in the Treasury not otherwise appropriated, for the 

13 fiscal year ending September 30, 2011, for military func14 tions administered by the Department of Defense and for 

15 other purposes, namely: 

16 TITLE I 

17 MILITARY PERSONNEL 

18 MILITARY PERSONNEL, ARMY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 1 IH

1 Army on active duty, (except members of reserve compo2 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

5 377, as amended (42 U.S.C. 402 note), and to the Depart6 ment of Defense Military Retirement Fund, 

7 $41,042,653,000. 

8 MILITARY PERSONNEL, NAVY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Navy on active duty (except members of the Reserve pro15 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

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

20 MILITARY PERSONNEL, MARINE CORPS

21 For pay, allowances, individual clothing, subsistence, 

22 interest on deposits, gratuities, permanent change of sta23 tion travel (including all expenses thereof for organiza24 tional movements), and expenses of temporary duty travel 

25 between permanent duty stations, for members of the MaVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
4 

•HR 1 IH

1 rine Corps on active duty (except members of the Reserve 

2 provided for elsewhere); and for payments pursuant to sec3 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

4 402 note), and to the Department of Defense Military Re5 tirement Fund, $13,210,161,000. 

6 MILITARY PERSONNEL, AIR FORCE

7 For pay, allowances, individual clothing, subsistence, 

8 interest on deposits, gratuities, permanent change of sta9 tion travel (including all expenses thereof for organiza10 tional movements), and expenses of temporary duty travel 

11 between permanent duty stations, for members of the Air 

12 Force on active duty (except members of reserve compo13 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

16 377, as amended (42 U.S.C. 402 note), and to the Depart17 ment of Defense Military Retirement Fund, 

18 $27,105,755,000. 

19 RESERVE PERSONNEL, ARMY

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Army Re22 serve on active duty under sections 10211, 10302, and 

23 3038 of title 10, United States Code, or while serving on 

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

25 States Code, in connection with performing duty specified 


emcdonald on DSK2BSOYB1PROD with BILLS
5 

•HR 1 IH

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

2 while undergoing reserve training, or while performing 

3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

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

7 RESERVE PERSONNEL, NAVY

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

9 travel, and related expenses for personnel of the Navy Re10 serve on active duty under section 10211 of title 10, 

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

12 section 12301(d) of title 10, United States Code, in con13 nection with performing duty specified in section 12310(a) 

14 of title 10, United States Code, or while undergoing re15 serve training, or while performing drills or equivalent 

16 duty, and expenses authorized by section 16131 of title 

17 10, United States Code; and for payments to the Depart18 ment of Defense Military Retirement Fund, 

19 $1,940,191,000. 

20 RESERVE PERSONNEL, MARINE CORPS

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Marine 

23 Corps Reserve on active duty under section 10211 of title 

24 10, United States Code, or while serving on active duty 

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


emcdonald on DSK2BSOYB1PROD with BILLS
6 

•HR 1 IH

1 in connection with performing duty specified in section 

2 12310(a) of title 10, United States Code, or while under3 going reserve training, or while performing drills or equiv4 alent duty, and for members of the Marine Corps platoon 

5 leaders class, and expenses authorized by section 16131 

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

7 Department of Defense Military Retirement Fund, 

8 $612,191,000. 

9 RESERVE PERSONNEL, AIR FORCE

10 For pay, allowances, clothing, subsistence, gratuities, 

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

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

13 8038 of title 10, United States Code, or while serving on 

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

15 States Code, in connection with performing duty specified 

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

17 while undergoing reserve training, or while performing 

18 drills or equivalent duty or other duty, and expenses au19 thorized by section 16131 of title 10, United States Code; 

20 and for payments to the Department of Defense Military 

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

22 NATIONAL GUARD PERSONNEL, ARMY

23 For pay, allowances, clothing, subsistence, gratuities, 

24 travel, and related expenses for personnel of the Army Na25 tional Guard while on duty under section 10211, 10302, 


emcdonald on DSK2BSOYB1PROD with BILLS
7 

•HR 1 IH

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

2 States Code, or while serving on duty under section 

3 12301(d) of title 10 or section 502(f) of title 32, United 

4 States Code, in connection with performing duty specified 

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

6 while undergoing training, or while performing drills or 

7 equivalent duty or other duty, and expenses authorized by 

8 section 16131 of title 10, United States Code; and for pay9 ments to the Department of Defense Military Retirement 

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

11 NATIONAL GUARD PERSONNEL, AIR FORCE

12 For pay, allowances, clothing, subsistence, gratuities, 

13 travel, and related expenses for personnel of the Air Na14 tional Guard on duty under section 10211, 10305, or 

15 12402 of title 10 or section 708 of title 32, United States 

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

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

18 in connection with performing duty specified in section 

19 12310(a) of title 10, United States Code, or while under20 going training, or while performing drills or equivalent 

21 duty or other duty, and expenses authorized by section 

22 16131 of title 10, United States Code; and for payments 

23 to the Department of Defense Military Retirement Fund, 

24 $3,060,098,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
8 

•HR 1 IH

1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law; and not to exceed $12,478,000 can be used 

7 for emergencies and extraordinary expenses, to be ex8 pended on the approval or authority of the Secretary of 

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

10 of necessity for confidential military purposes, 

11 $33,306,117,000. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

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

16 $14,804,000 can be used for emergencies and extraor17 dinary expenses, to be expended on the approval or author18 ity of the Secretary of the Navy, and payments may be 

19 made on his certificate of necessity for confidential mili20 tary purposes, $37,809,239,000. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

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


emcdonald on DSK2BSOYB1PROD with BILLS
9 

•HR 1 IH

1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

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

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

5 used for emergencies and extraordinary expenses, to be ex6 pended on the approval or authority of the Secretary of 

7 the Air Force, and payments may be made on his certifi8 cate of necessity for confidential military purposes, 

9 $36,062,989,000. 

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military 

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

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

17 for the Combatant Commander Initiative Fund authorized 

18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used 

20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 

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

23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not 

25 less than $31,659,000 shall be made available for the ProVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
10 

•HR 1 IH

1 curement Technical Assistance Cooperative Agreement 

2 Program, of which not less than $3,600,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 

6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 

9 or the service headquarters of one of the Armed Forces 

10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $8,251,000, to remain available until 

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary of Defense to operation and maintenance 

15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 

17 for the same time period as the appropriations to which 

18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 

20 with operation and maintenance funds shall not apply to 

21 the funds described in the preceding proviso: Provided fur22 ther, That the transfer authority provided under this head23 ing is in addition to any other transfer authority provided 

24 elsewhere in this Act. 


emcdonald on DSK2BSOYB1PROD with BILLS
11 

•HR 1 IH

1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,840,427,000. 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,344,264,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 

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

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $275,484,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
12 

•HR 1 IH

1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 

5 repair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,291,027,000. 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For expenses of training, organizing, and admin12 istering the Army National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 

18 Army personnel on active duty, for Army National Guard 

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 

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


emcdonald on DSK2BSOYB1PROD with BILLS
13 

•HR 1 IH

1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Air National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal 

5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air 

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

9 modification, maintenance, and issue of supplies and 

10 equipment, including those furnished from stocks under 

11 the control of agencies of the Department of Defense; 

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

13 authorized by law for Air National Guard personnel on 

14 active Federal duty, for Air National Guard commanders 

15 while inspecting units in compliance with National Guard 

16 Bureau regulations when specifically authorized by the 

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

18 UNITED STATES COURT OF APPEALS FOR THE ARMED

19 FORCES

20 For salaries and expenses necessary for the United 

21 States Court of Appeals for the Armed Forces, 

22 $14,068,000, of which not to exceed $5,000 may be used 

23 for official representation purposes. 


emcdonald on DSK2BSOYB1PROD with BILLS
14 

•HR 1 IH

1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

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

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such 

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 

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

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

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

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

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

24 remain available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such 


emcdonald on DSK2BSOYB1PROD with BILLS
15 

•HR 1 IH

1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe 

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

4 for similar purposes, transfer the funds made available by 

5 this appropriation to other appropriations made available 

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

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

8 time period as the appropriations to which transferred: 

9 Provided further, That upon a determination that all or 

10 part of the funds transferred from this appropriation are 

11 not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

14 under this heading is in addition to any other transfer au15 thority provided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

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

19 to remain available until transferred: Provided, That the 

20 Secretary of the Air Force shall, upon determining that 

21 such funds are required for environmental restoration, re22 duction and recycling of hazardous waste, removal of un23 safe buildings and debris of the Department of the Air 

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

25 available by this appropriation to other appropriations 


emcdonald on DSK2BSOYB1PROD with BILLS
16 

•HR 1 IH

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

2 merged with and to be available for the same purposes 

3 and for the same time period as the appropriations to 

4 which transferred: Provided further, That upon a deter5 mination that all or part of the funds transferred from 

6 this appropriation are not necessary for the purposes pro7 vided herein, such amounts may be transferred back to 

8 this appropriation: Provided further, That the transfer au9 thority provided under this heading is in addition to any 

10 other transfer authority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense, $10,744,000, to re14 main available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

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

19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of Defense, to be merged with and to be avail22 able for the same purposes and for the same time period 

23 as the appropriations to which transferred: Provided fur24 ther, That upon a determination that all or part of the 

25 funds transferred from this appropriation are not necVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
17 

•HR 1 IH

1 essary for the purposes provided herein, such amounts 

2 may be transferred back to this appropriation: Provided 

3 further, That the transfer authority provided under this 

4 heading is in addition to any other transfer authority pro5 vided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, FORMERLY USED

7 DEFENSE SITES

8 (INCLUDING TRANSFER OF FUNDS)

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

10 remain available until transferred: Provided, That the Sec11 retary of the Army shall, upon determining that such 

12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe 

14 buildings and debris at sites formerly used by the Depart15 ment of Defense, transfer the funds made available by this 

16 appropriation to other appropriations made available to 

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

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

19 period as the appropriations to which transferred: Pro20 vided further, That upon a determination that all or part 

21 of the funds transferred from this appropriation are not 

22 necessary for the purposes provided herein, such amounts 

23 may be transferred back to this appropriation: Provided 

24 further, That the transfer authority provided under this 


emcdonald on DSK2BSOYB1PROD with BILLS
18 

•HR 1 IH

1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of 

6 Defense (consisting of the programs provided under sec7 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

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

9 until September 30, 2012. 

10 COOPERATIVE THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

12 Union and, with appropriate authorization by the Depart13 ment of Defense and Department of State, to countries 

14 outside of the former Soviet Union, including assistance 

15 provided by contract or by grants, for facilitating the 

16 elimination and the safe and secure transportation and 

17 storage of nuclear, chemical and other weapons; for estab18 lishing programs to prevent the proliferation of weapons, 

19 weapons components, and weapon-related technology and 

20 expertise; for programs relating to the training and sup21 port of defense and military personnel for demilitarization 

22 and protection of weapons, weapons components and 

23 weapons technology and expertise, and for defense and 

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

25 September 30, 2013: Provided, That of the amounts proVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
19 

•HR 1 IH

1 vided under this heading, not less than $13,500,000 shall 

2 be available only to support the dismantling and disposal 

3 of nuclear submarines, submarine reactor components, 

4 and security enhancements for transport and storage of 

5 nuclear warheads in the Russian Far East and North. 

6 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

7 DEVELOPMENT FUND

8 For the Department of Defense Acquisition Work9 force Development Fund, $217,561,000. 

10 TITLE III 

11 PROCUREMENT 

12 AIRCRAFT PROCUREMENT, ARMY

13 For construction, procurement, production, modifica14 tion, and modernization of aircraft, equipment, including 

15 ordnance, ground handling equipment, spare parts, and 

16 accessories therefor; specialized equipment and training 

17 devices; expansion of public and private plants, including 

18 the land necessary therefor, for the foregoing purposes, 

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

20 and construction prosecuted thereon prior to approval of 

21 title; and procurement and installation of equipment, ap22 pliances, and machine tools in public and private plants; 

23 reserve plant and Government and contractor-owned 

24 equipment layaway; and other expenses necessary for the 


emcdonald on DSK2BSOYB1PROD with BILLS
20 

•HR 1 IH

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

2 for obligation until September 30, 2013. 

3 MISSILE PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

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

17 for obligation until September 30, 2013. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and 

21 modification of weapons and tracked combat vehicles, 

22 equipment, including ordnance, spare parts, and acces23 sories therefor; specialized equipment and training devices; 

24 expansion of public and private plants, including the land 

25 necessary therefor, for the foregoing purposes, and such 


emcdonald on DSK2BSOYB1PROD with BILLS
21 

•HR 1 IH

1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; and 

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway; and other expenses necessary for the foregoing 

7 purposes, $1,461,086,000, to remain available for obliga8 tion until September 30, 2013. 

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and 

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities, au14 thorized by section 2854 of title 10, United States Code, 

15 and the land necessary therefor, for the foregoing pur16 poses, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title; and procurement and installation of equip19 ment, appliances, and machine tools in public and private 

20 plants; reserve plant and Government and contractor21 owned equipment layaway; and other expenses necessary 

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

23 available for obligation until September 30, 2013. 


emcdonald on DSK2BSOYB1PROD with BILLS
22 

•HR 1 IH

1 OTHER PROCUREMENT, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, procurement, production, and 

4 modification of vehicles, including tactical, support, and 

5 non-tracked combat vehicles; the purchase of passenger 

6 motor vehicles for replacement only; communications and 

7 electronic equipment; other support equipment; spare 

8 parts, ordnance, and accessories therefor; specialized 

9 equipment and training devices; expansion of public and 

10 private plants, including the land necessary therefor, for 

11 the foregoing purposes, and such lands and interests 

12 therein, may be acquired, and construction prosecuted 

13 thereon prior to approval of title; and procurement and 

14 installation of equipment, appliances, and machine tools 

15 in public and private plants; reserve plant and Govern16 ment and contractor-owned equipment layaway; and other 

17 expenses necessary for the foregoing purposes, 

18 $8,145,665,000, to remain available for obligation until 

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

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

21 available to procure equipment, not otherwise provided for, 

22 and may be transferred to other procurement accounts 

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

24 so transferred shall be available for the same purposes and 

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


emcdonald on DSK2BSOYB1PROD with BILLS
23 

•HR 1 IH

1 AIRCRAFT PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of aircraft, equipment, including 

4 ordnance, spare parts, and accessories therefor; specialized 

5 equipment; expansion of public and private plants, includ6 ing the land necessary therefor, and such lands and inter7 ests therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; and procurement and 

9 installation of equipment, appliances, and machine tools 

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway, 

12 $16,170,868,000, to remain available for obligation until 

13 September 30, 2013. 

14 WEAPONS PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of missiles, torpedoes, other weap17 ons, and related support equipment including spare parts, 

18 and accessories therefor; expansion of public and private 

19 plants, including the land necessary therefor, 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 


emcdonald on DSK2BSOYB1PROD with BILLS
24 

•HR 1 IH

1 layaway, $3,221,957,000, to remain available for obliga2 tion until September 30, 2013. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and 

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities, au9 thorized by section 2854 of title 10, United States Code, 

10 and the land necessary therefor, for the foregoing pur11 poses, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor16 owned equipment layaway; and other expenses necessary 

17 for the foregoing purposes, $790,527,000, to remain avail18 able for obligation until September 30, 2013. 

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public 

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical, 


emcdonald on DSK2BSOYB1PROD with BILLS
25 

•HR 1 IH

1 long lead time components and designs for vessels to be 

2 constructed or converted in the future; and expansion of 

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired, 

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

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

8 Carrier Replacement Program (AP), 

9 $908,313,000; 

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

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

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

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

14 DDG–1000 Program, $77,512,000; 

15 DDG–51 Destroyer, $2,868,454,000; 

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

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

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

19 LHA–R, $942,837,000; 

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

21 Oceanographic Ships, $88,561,000; 

22 LCAC Service Life Extension Program, 

23 $83,035,000; 

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


emcdonald on DSK2BSOYB1PROD with BILLS
26 

•HR 1 IH

1 For outfitting, post delivery, conversions, and 

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

3 In all: $15,366,658,000, to remain available for obli4 gation until September 30, 2015: Provided, That addi5 tional obligations may be incurred after September 30, 

6 2015, for engineering services, tests, evaluations, and 

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

9 none of the funds provided under this heading for the con10 struction or conversion of any naval vessel to be con11 structed in shipyards in the United States shall be ex12 pended in foreign facilities for the construction of major 

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

15 for the construction of any naval vessel in foreign ship16 yards. 

17 OTHER PROCUREMENT, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For procurement, production, and modernization of 

20 support equipment and materials not otherwise provided 

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

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

23 of passenger motor vehicles for replacement only, and the 

24 purchase of seven vehicles required for physical security 

25 of personnel, notwithstanding price limitations applicable 


emcdonald on DSK2BSOYB1PROD with BILLS
27 

•HR 1 IH

1 to passenger vehicles but not to exceed $250,000 per vehi2 cle; expansion of public and private plants, including the 

3 land necessary therefor, 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, 

9 $5,804,963,000, to remain available for obligation until 

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

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

12 available to procure equipment, not otherwise provided for, 

13 and may be transferred to other procurement accounts 

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

15 so transferred shall be available for the same purposes and 

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

17 PROCUREMENT, MARINE CORPS

18 For expenses necessary for the procurement, manu19 facture, and modification of missiles, armament, military 

20 equipment, spare parts, and accessories therefor; plant 

21 equipment, appliances, and machine tools, and installation 

22 thereof in public and private plants; reserve plant and 

23 Government and contractor-owned equipment layaway; ve24 hicles for the Marine Corps, including the purchase of pas25 senger motor vehicles for replacement only; and expansion 


emcdonald on DSK2BSOYB1PROD with BILLS
28 

•HR 1 IH

1 of public and private plants, including land necessary 

2 therefor, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title, $1,236,436,000, to remain available for ob5 ligation until September 30, 2013. 

6 AIRCRAFT PROCUREMENT, AIR FORCE

7 For construction, procurement, and modification of 

8 aircraft and equipment, including armor and armament, 

9 specialized ground handling equipment, and training de10 vices, spare parts, and accessories therefor; specialized 

11 equipment; expansion of public and private plants, Gov12 ernment-owned equipment and installation thereof in such 

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

14 the foregoing purposes, and such lands and interests 

15 therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; reserve plant and Gov17 ernment and contractor-owned equipment layaway; and 

18 other expenses necessary for the foregoing purposes in19 cluding rents and transportation of things, 

20 $13,483,739,000, to remain available for obligation until 

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

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

23 Global Hawk Unmanned Aerial Vehicle and F–22 aircraft 

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

25 contracts funded with prior year ‘‘Aircraft Procurement, 


emcdonald on DSK2BSOYB1PROD with BILLS
29 

•HR 1 IH

1 Air Force’’ appropriated funds are definitized unless the 

2 Secretary of the Air Force certifies in writing to the con3 gressional defense committees that each such obligation 

4 is necessary to meet the needs of a warfighting require5 ment or prevents increased costs to the taxpayer, and pro6 vides the reasons for failing to definitize the prior year 

7 contracts along with the prospective contract definitization 

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

9 Force shall expand the current HH–60 Operational Loss 

10 Replacement program to meet the approved HH–60 Re11 capitalization program requirements. 

12 MISSILE PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 missiles, spacecraft, rockets, and related equipment, in15 cluding spare parts and accessories therefor, ground han16 dling equipment, and training devices; expansion of public 

17 and private plants, Government-owned equipment and in18 stallation thereof in such plants, erection of structures, 

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

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

21 construction prosecuted thereon prior to approval of title; 

22 reserve plant and Government and contractor-owned 

23 equipment layaway; and other expenses necessary for the 

24 foregoing purposes including rents and transportation of 


emcdonald on DSK2BSOYB1PROD with BILLS
30 

•HR 1 IH

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

2 until September 30, 2013. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

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, $731,487,000, to remain avail17 able for obligation until September 30, 2013. 

18 OTHER PROCUREMENT, AIR FORCE

19 (INCLUDING TRANSFER OF FUNDS)

20 For procurement and modification of equipment (in21 cluding ground guidance and electronic control equipment, 

22 and ground electronic and communication equipment), 

23 and supplies, materials, and spare parts therefor, not oth24 erwise provided for; the purchase of passenger motor vehi25 cles for replacement only, and the purchase of two vehicles 


emcdonald on DSK2BSOYB1PROD with BILLS
31 

•HR 1 IH

1 required for physical security of personnel, notwith2 standing price limitations applicable to passenger vehicles 

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

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

5 Government-owned equipment and installation thereof in 

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

7 for the foregoing purposes, and such lands and interests 

8 therein, may be acquired, and construction prosecuted 

9 thereon, prior to approval of title; reserve plant and Gov10 ernment and contractor-owned equipment layaway, 

11 $17,568,091,000, to remain available for obligation until 

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

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

14 available to procure equipment, not otherwise provided for, 

15 and may be transferred to other procurement accounts 

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

17 funds so transferred shall be available for the same pur18 poses and the same time period as the account to which 

19 transferred. 

20 PROCUREMENT, DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses of activities and agencies of the Depart23 ment of Defense (other than the military departments) 

24 necessary for procurement, production, and modification 

25 of equipment, supplies, materials, and spare parts thereVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
32 

•HR 1 IH

1 for, not otherwise provided for; the purchase of passenger 

2 motor vehicles for replacement only; expansion of public 

3 and private plants, equipment, and installation thereof in 

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

5 for the foregoing purposes, and such lands and interests 

6 therein, may be acquired, and construction prosecuted 

7 thereon prior to approval of title; reserve plant and Gov8 ernment and contractor-owned equipment layaway, 

9 $4,009,321,000, to remain available for obligation until 

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

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

12 available to procure equipment, not otherwise provided for, 

13 and may be transferred to other procurement accounts 

14 available to the Department of Defense, and that funds 

15 so transferred shall be available for the same purposes and 

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

17 DEFENSE PRODUCTION ACT PURCHASES

18 For activities by the Department of Defense pursuant 

19 to sections 108, 301, 302, and 303 of the Defense Produc20 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

21 2093), $34,346,000, to remain available until expended. 


emcdonald on DSK2BSOYB1PROD with BILLS
33 

•HR 1 IH

1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $9,710,998,000, to remain avail10 able for obligation until September 30, 2012. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $17,961,303,000, to remain avail17 able for obligation until September 30, 2012: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces: 

21 Provided further, That funds appropriated in this para22 graph shall be available for the Cobra Judy program. 


emcdonald on DSK2BSOYB1PROD with BILLS
34 

•HR 1 IH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $26,742,405,000, to remain avail7 able for obligation until September 30, 2012. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), 

12 necessary for basic and applied scientific research, devel13 opment, test and evaluation; advanced research projects 

14 as may be designated and determined by the Secretary 

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

16 lease, and operation of facilities and equipment, 

17 $20,797,412,000, to remain available for obligation until 

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

19 available in this paragraph, $3,200,000 shall only be avail20 able for program management and oversight of innovative 

21 research and development. 

22 OPERATIONAL TEST AND EVALUATION, DEFENSE

23 For expenses, not otherwise provided for, necessary 

24 for the independent activities of the Director, Operational 

25 Test and Evaluation, in the direction and supervision of 


emcdonald on DSK2BSOYB1PROD with BILLS
35 

•HR 1 IH

1 operational test and evaluation, including initial oper2 ational test and evaluation which is conducted prior to, 

3 and in support of, production decisions; joint operational 

4 testing and evaluation; and administrative expenses in 

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

6 for obligation until September 30, 2012. 

7 TITLE V 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For the Defense Working Capital Funds, 

11 $1,434,536,000. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs, 

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

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

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

17 and for the necessary expenses to maintain and preserve 

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

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

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

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

22 contract that provides for the acquisition of any of the 

23 following major components unless such components are 

24 manufactured in the United States: auxiliary equipment, 

25 including pumps, for all shipboard services; propulsion 


emcdonald on DSK2BSOYB1PROD with BILLS
36 

•HR 1 IH

1 system components (engines, reduction gears, and propel2 lers); shipboard cranes; and spreaders for shipboard 

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

4 in a contract awarded through the obligation of previously 

5 appropriated funds shall not be considered to be the award 

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

7 of the military department responsible for such procure8 ment may waive the restrictions in the first proviso on 

9 a case-by-case basis by certifying in writing to the Com10 mittees on Appropriations of the House of Representatives 

11 and the Senate that adequate domestic supplies are not 

12 available to meet Department of Defense requirements on 

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

14 in order to acquire capability for national security pur15 poses. 

16 TITLE VI 

17 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

18 DEFENSE HEALTH PROGRAM

19 For expenses, not otherwise provided for, for medical 

20 and health care programs of the Department of Defense 

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

22 $29,671,764,000 shall be for operation and maintenance, 

23 of which not to exceed 1 percent shall remain available 

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

25 $16,212,121,000 may be available for contracts entered 


emcdonald on DSK2BSOYB1PROD with BILLS
37 

•HR 1 IH

1 into under the TRICARE program; of which 

2 $534,921,000, to remain available for obligation until Sep3 tember 30, 2013, shall be for procurement; and of which 

4 $1,175,513,000, to remain available for obligation until 

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

6 test and evaluation: Provided, That, notwithstanding any 

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

8 this heading for research, development, test and evalua9 tion, not less than $10,000,000 shall be available for HIV 

10 prevention educational activities undertaken in connection 

11 with United States military training, exercises, and hu12 manitarian assistance activities conducted primarily in Af13 rican nations. 

14 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

15 DEFENSE

16 For expenses, not otherwise provided for, necessary 

17 for the destruction of the United States stockpile of lethal 

18 chemical agents and munitions, to include construction of 

19 facilities, in accordance with the provisions of section 1412 

20 of the Department of Defense Authorization Act, 1986 

21 (50 U.S.C. 1521), and for the destruction of other chem22 ical warfare materials that are not in the chemical weapon 

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

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

25 $111,178,000, shall be for the Chemical Stockpile EmerVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
38 

•HR 1 IH

1 gency Preparedness Program, consisting of $35,130,000 

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

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

4 and local governments; $7,132,000 shall be for procure5 ment, to remain available until September 30, 2013; and 

6 $392,811,000, to remain available until September 30, 

7 2012, shall be for research, development, test and evalua8 tion, of which $385,868,000 shall only be for the Assem9 bled Chemical Weapons Alternatives (ACWA) program. 

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

11 DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For drug interdiction and counter-drug activities of 

14 the Department of Defense, for transfer to appropriations 

15 available to the Department of Defense for military per16 sonnel of the reserve components serving under the provi17 sions of title 10 and title 32, United States Code; for oper18 ation and maintenance; for procurement; and for research, 

19 development, test and evaluation, $1,156,957,000: Pro20 vided, That the funds appropriated under this heading 

21 shall be available for obligation for the same time period 

22 and for the same purpose as the appropriation to which 

23 transferred: Provided further, That upon a determination 

24 that all or part of the funds transferred from this appro25 priation are not necessary for the purposes provided hereVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
39 

•HR 1 IH

1 in, such amounts may be transferred back to this appro2 priation: Provided further, That the transfer authority pro3 vided under this heading is in addition to any other trans4 fer authority contained elsewhere in this Act. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses and activities of the Office of the In7 spector General in carrying out the provisions of the In8 spector General Act of 1978, as amended, $306,794,000, 

9 of which $305,794,000 shall be for operation and mainte10 nance, of which not to exceed $700,000 is available for 

11 emergencies and extraordinary expenses to be expended on 

12 the approval or authority of the Inspector General, and 

13 payments may be made on the Inspector General’s certifi14 cate of necessity for confidential military purposes; and 

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

16 30, 2013, shall be for procurement. 

17 TITLE VII 

18 RELATED AGENCIES 

19 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

20 DISABILITY SYSTEM FUND

21 For payment to the Central Intelligence Agency Re22 tirement and Disability System Fund, to maintain the 

23 proper funding level for continuing the operation of the 

24 Central Intelligence Agency Retirement and Disability 

25 System, $292,000,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
40 

•HR 1 IH

1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Intelligence Commu3 nity Management Account, $649,732,000. 

4 TITLE VIII 

5 GENERAL PROVISIONS 

6 SEC. 8001. No part of any appropriation contained 

7 in this Act shall be used for publicity or propaganda pur8 poses not authorized by the Congress. 

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

10 of law prohibiting the payment of compensation to, or em11 ployment of, any person not a citizen of the United States 

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

13 Provided, That salary increases granted to direct and indi14 rect hire foreign national employees of the Department of 

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

16 of the percentage increase authorized by law for civilian 

17 employees of the Department of Defense whose pay is 

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

19 United States Code, or at a rate in excess of the percent20 age increase provided by the appropriate host nation to 

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

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

23 salary increases on an annual basis, any increase granted 

24 by that nation shall be annualized for the purpose of ap25 plying the preceding proviso: Provided further, That this 


emcdonald on DSK2BSOYB1PROD with BILLS
41 

•HR 1 IH

1 section shall not apply to Department of Defense foreign 

2 service national employees serving at United States diplo3 matic missions whose pay is set by the Department of 

4 State under the Foreign Service Act of 1980: Provided 

5 further, That the limitations of this provision shall not 

6 apply to foreign national employees of the Department of 

7 Defense in the Republic of Turkey. 

8 SEC. 8003. No part of any appropriation contained 

9 in this Act shall remain available for obligation beyond 

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

11 SEC. 8004. No more than 20 percent of the appro12 priations in this Act which are limited for obligation dur13 ing the current fiscal year shall be obligated during the 

14 last 2 months of the fiscal year: Provided, That this sec15 tion shall not apply to obligations for support of active 

16 duty training of reserve components or summer camp 

17 training of the Reserve Officers’ Training Corps. 

18 (TRANSFER OF FUNDS)

19 SEC. 8005. Upon determination by the Secretary of 

20 Defense that such action is necessary in the national inter21 est, he may, with the approval of the Office of Manage22 ment and Budget, transfer not to exceed $4,000,000,000 

23 of working capital funds of the Department of Defense 

24 or funds made available in this Act to the Department 

25 of Defense for military functions (except military conVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
42 

•HR 1 IH

1 struction) between such appropriations or funds or any 

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

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

4 the appropriation or fund to which transferred: Provided, 

5 That such authority to transfer may not be used unless 

6 for higher priority items, based on unforeseen military re7 quirements, than those for which originally appropriated 

8 and in no case where the item for which funds are re9 quested has been denied by the Congress: Provided further, 

10 That the Secretary of Defense shall notify the Congress 

11 promptly of all transfers made pursuant to this authority 

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

13 no part of the funds in this Act shall be available to pre14 pare or present a request to the Committees on Appropria15 tions for reprogramming of funds, unless for higher pri16 ority items, based on unforeseen military requirements, 

17 than those for which originally appropriated and in no 

18 case where the item for which reprogramming is requested 

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

20 a request for multiple reprogrammings of funds using au21 thority provided in this section shall be made prior to June 

22 30, 2011: Provided further, That transfers among military 

23 personnel appropriations shall not be taken into account 

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

25 may be transferred under this section. 


emcdonald on DSK2BSOYB1PROD with BILLS
43 

•HR 1 IH

1 SEC. 8006. (a) With regard to the list of specific pro2 grams, projects, and activities (and the dollar amounts 

3 and adjustments to budget activities corresponding to 

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

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

6 in the explanatory statement regarding this Act, the obli7 gation and expenditure of amounts appropriated or other8 wise made available in this Act for those programs, 

9 projects, and activities for which the amounts appro10 priated exceed the amounts requested are hereby required 

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

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

13 in the text of this Act. 

14 (b) Amounts specified in the referenced tables de15 scribed in subsection (a) shall not be treated as subdivi16 sions of appropriations for purposes of section 8005 of this 

17 Act: Provided, That section 8005 shall apply when trans18 fers of the amounts described in subsection (a) occur be19 tween appropriation accounts. 

20 SEC. 8007. (a) Not later than 60 days after enact21 ment of this Act, the Department of Defense shall submit 

22 a report to the congressional defense committees to estab23 lish the baseline for application of reprogramming and 

24 transfer authorities for fiscal year 2011: Provided, That 

25 the report shall include— 


emcdonald on DSK2BSOYB1PROD with BILLS
44 

•HR 1 IH

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 both by budget activity and program, 

8 project, and activity as detailed in the Budget Ap9 pendix; and 

10 (3) an identification of items of special congres11 sional interest. 

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

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

14 reprogramming or transfer until the report identified in 

15 subsection (a) is submitted to the congressional defense 

16 committees, unless the Secretary of Defense certifies in 

17 writing to the congressional defense committees that such 

18 reprogramming or transfer is necessary as an emergency 

19 requirement. 

20 SEC. 8008. The Secretaries of the Air Force and the 

21 Army are authorized, using funds available under the 

22 headings ‘‘Operation and Maintenance, Air Force’’ and 

23 ‘‘Operation and Maintenance, Army’’, to complete facility 

24 conversions and phased repair projects which may include 


emcdonald on DSK2BSOYB1PROD with BILLS
45 

•HR 1 IH

1 upgrades and additions to Alaskan range infrastructure 

2 and training areas, and improved access to these ranges. 

3 (TRANSFER OF FUNDS)

4 SEC. 8009. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, 

7 United States Code, may be maintained in only such 

8 amounts as are necessary at any time for cash disburse9 ments to be made from such funds: Provided, That trans10 fers may be made between such funds: Provided further, 

11 That transfers may be made between working capital 

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

13 appropriation and the ‘‘Operation and Maintenance’’ ap14 propriation accounts in such amounts as may be deter15 mined by the Secretary of Defense, with the approval of 

16 the Office of Management and Budget, except that such 

17 transfers may not be made unless the Secretary of Defense 

18 has notified the Congress of the proposed transfer. Except 

19 in amounts equal to the amounts appropriated to working 

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

21 against a working capital fund to procure or increase the 

22 value of war reserve material inventory, unless the Sec23 retary of Defense has notified the Congress prior to any 

24 such obligation. 


emcdonald on DSK2BSOYB1PROD with BILLS
46 

•HR 1 IH

1 SEC. 8010. Funds appropriated by this Act may not 

2 be used to initiate a special access program without prior 

3 notification 30 calendar days in advance to the congres4 sional defense committees. 

5 SEC. 8011. None of the funds provided in this Act 

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

7 employs economic order quantity procurement in excess of 

8 $20,000,000 in any one year of the contract or that in9 cludes an unfunded contingent liability in excess of 

10 $20,000,000; or (2) a contract for advance procurement 

11 leading to a multiyear contract that employs economic 

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

13 any one year, unless the congressional defense committees 

14 have been notified at least 30 days in advance of the pro15 posed contract award: Provided, That no part of any ap16 propriation contained in this Act shall be available to ini17 tiate a multiyear contract for which the economic order 

18 quantity advance procurement is not funded at least to 

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

20 That no part of any appropriation contained in this Act 

21 shall be available to initiate multiyear procurement con22 tracts for any systems or component thereof if the value 

23 of the multiyear contract would exceed $500,000,000 un24 less specifically provided in this Act: Provided further, 

25 That no multiyear procurement contract can be termiVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
47 

•HR 1 IH

1 nated without 10-day prior notification to the congres2 sional defense committees: Provided further, That the exe3 cution of multiyear authority shall require the use of a 

4 present value analysis to determine lowest cost compared 

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

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

7 contract executed after the date of the enactment of this 

8 Act unless in the case of any such contract— 

9 (1) the Secretary of Defense has submitted to 

10 Congress a budget request for full funding of units 

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

12 of a contract for procurement of aircraft, that in13 cludes, for any aircraft unit to be procured through 

14 the contract for which procurement funds are re15 quested in that budget request for production be16 yond advance procurement activities in the fiscal 

17 year covered by the budget, full funding of procure18 ment of such unit in that fiscal year; 

19 (2) cancellation provisions in the contract do 

20 not include consideration of recurring manufacturing 

21 costs of the contractor associated with the produc22 tion of unfunded units to be delivered under the con23 tract; 


emcdonald on DSK2BSOYB1PROD with BILLS
48 

•HR 1 IH

1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

4 (4) the contract does not provide for a price ad5 justment based on a failure to award a follow-on 

6 contract. 

7 Funds appropriated in title III of this Act may be 

8 used for a multiyear procurement contract as follows: 

9 Navy MH–60R/S Helicopter Systems. 

10 SEC. 8012. Within the funds appropriated for the op11 eration and maintenance of the Armed Forces, funds are 

12 hereby appropriated pursuant to section 401 of title 10, 

13 United States Code, for humanitarian and civic assistance 

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

15 Such funds may also be obligated for humanitarian and 

16 civic assistance costs incidental to authorized operations 

17 and pursuant to authority granted in section 401 of chap18 ter 20 of title 10, United States Code, and these obliga19 tions shall be reported as required by section 401(d) of 

20 title 10, United States Code: Provided, That funds avail21 able for operation and maintenance shall be available for 

22 providing humanitarian and similar assistance by using 

23 Civic Action Teams in the Trust Territories of the Pacific 

24 Islands and freely associated states of Micronesia, pursu25 ant to the Compact of Free Association as authorized by 


emcdonald on DSK2BSOYB1PROD with BILLS
49 

•HR 1 IH

1 Public Law 99–239: Provided further, That upon a deter2 mination by the Secretary of the Army that such action 

3 is beneficial for graduate medical education programs con4 ducted at Army medical facilities located in Hawaii, the 

5 Secretary of the Army may authorize the provision of med6 ical services at such facilities and transportation to such 

7 facilities, on a nonreimbursable basis, for civilian patients 

8 from American Samoa, the Commonwealth of the North9 ern Mariana Islands, the Marshall Islands, the Federated 

10 States of Micronesia, Palau, and Guam. 

11 SEC. 8013. (a) During fiscal year 2011, the civilian 

12 personnel of the Department of Defense may not be man13 aged on the basis of any end-strength, and the manage14 ment of such personnel during that fiscal year shall not 

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

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

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

18 (b) The fiscal year 2012 budget request for the De19 partment of Defense as well as all justification material 

20 and other documentation supporting the fiscal year 2012 

21 Department of Defense budget request shall be prepared 

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

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

24 year 2012. 


emcdonald on DSK2BSOYB1PROD with BILLS
50 

•HR 1 IH

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

2 to military (civilian) technicians. 

3 SEC. 8014. None of the funds made available by this 

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

7 SEC. 8015. None of the funds appropriated by this 

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

9 any member of the Army participating as a full-time stu10 dent and receiving benefits paid by the Secretary of Vet11 erans Affairs from the Department of Defense Education 

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

13 credited toward completion of a service commitment: Pro14 vided, That this section shall not apply to those members 

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

16 1987: Provided further, That this section applies only to 

17 active components of the Army. 

18 SEC. 8016. (a) None of the funds appropriated by 

19 this Act shall be available to convert to contractor per20 formance an activity or function of the Department of De21 fense that, on or after the date of the enactment of this 

22 Act, is performed by Department of Defense civilian em23 ployees unless— 

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

25 public-private competition that includes a most effiVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
51 

•HR 1 IH

1 cient and cost effective organization plan developed 

2 by such activity or function; 

3 (2) the Competitive Sourcing Official deter4 mines that, over all performance periods stated in 

5 the solicitation of offers for performance of the ac6 tivity or function, the cost of performance of the ac7 tivity or function by a contractor would be less costly 

8 to the Department of Defense by an amount that 

9 equals or exceeds the lesser of— 

10 (A) 10 percent of the most efficient organi11 zation’s personnel-related costs for performance 

12 of that activity or function by Federal employ13 ees; or 

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

15 (3) the contractor does not receive an advan16 tage for a proposal that would reduce costs for the 

17 Department of Defense by— 

18 (A) not making an employer-sponsored 

19 health insurance plan available to the workers 

20 who are to be employed in the performance of 

21 that activity or function under the contract; or 

22 (B) offering to such workers an employer23 sponsored health benefits plan that requires the 

24 employer to contribute less towards the pre25 mium or subscription share than the amount 


emcdonald on DSK2BSOYB1PROD with BILLS
52 

•HR 1 IH

1 that is paid by the Department of Defense for 

2 health benefits for civilian employees under 

3 chapter 89 of title 5, United States Code. 

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

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

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

7 notwithstanding any administrative regulation, require8 ment, or policy to the contrary shall have full authority 

9 to enter into a contract for the performance of any com10 mercial or industrial type function of the Department of 

11 Defense that— 

12 (A) is included on the procurement list es13 tablished pursuant to section 2 of the Javits14 Wagner-O’Day Act (section 8503 of title 41, 

15 United States Code); 

16 (B) is planned to be converted to perform17 ance by a qualified nonprofit agency for the 

18 blind or by a qualified nonprofit agency for 

19 other severely handicapped individuals in ac20 cordance with that Act; or 

21 (C) is planned to be converted to perform22 ance by a qualified firm under at least 51 per23 cent ownership by an Indian tribe, as defined in 

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

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


emcdonald on DSK2BSOYB1PROD with BILLS
53 

•HR 1 IH

1 450b(e)), or a Native Hawaiian Organization, 

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

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

4 (2) This section shall not apply to depot con5 tracts or contracts for depot maintenance as pro6 vided in sections 2469 and 2474 of title 10, United 

7 States Code. 

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

9 Department of Defense under the authority provided by 

10 this section shall be credited toward any competitive or 

11 outsourcing goal, target, or measurement that may be es12 tablished by statute, regulation, or policy and is deemed 

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

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

15 States Code, for the competition or outsourcing of com16 mercial activities. 

17 (TRANSFER OF FUNDS)

18 SEC. 8017. Funds appropriated in title III of this Act 

19 for the Department of Defense Pilot Mentor-Protege Pro20 gram may be transferred to any other appropriation con21 tained in this Act solely for the purpose of implementing 

22 a Mentor-Protege Program developmental assistance 

23 agreement pursuant to section 831 of the National De24 fense Authorization Act for Fiscal Year 1991 (Public Law 

25 101–510; 10 U.S.C. 2302 note), as amended, under the 


emcdonald on DSK2BSOYB1PROD with BILLS
54 

•HR 1 IH

1 authority of this provision or any other transfer authority 

2 contained in this Act. 

3 SEC. 8018. None of the funds in this Act may be 

4 available for the purchase by the Department of Defense 

5 (and its departments and agencies) of welded shipboard 

6 anchor and mooring chain 4 inches in diameter and under 

7 unless the anchor and mooring chain are manufactured 

8 in the United States from components which are substan9 tially manufactured in the United States: Provided, That 

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

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

12 of chain and welding (including the forging and shot blast13 ing process): Provided further, That for the purpose of this 

14 section substantially all of the components of anchor and 

15 mooring chain shall be considered to be produced or manu16 factured in the United States if the aggregate cost of the 

17 components produced or manufactured in the United 

18 States exceeds the aggregate cost of the components pro19 duced or manufactured outside the United States: Pro20 vided further, That when adequate domestic supplies are 

21 not available to meet Department of Defense requirements 

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

23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 

25 on Appropriations that such an acquisition must be made 


emcdonald on DSK2BSOYB1PROD with BILLS
55 

•HR 1 IH

1 in order to acquire capability for national security pur2 poses. 

3 SEC. 8019. None of the funds available to the De4 partment of Defense may be used to demilitarize or dis5 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

6 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

7 to demilitarize or destroy small arms ammunition or am8 munition components that are not otherwise prohibited 

9 from commercial sale under Federal law, unless the small 

10 arms ammunition or ammunition components are certified 

11 by the Secretary of the Army or designee as unserviceable 

12 or unsafe for further use. 

13 SEC. 8020. No more than $500,000 of the funds ap14 propriated or made available in this Act shall be used dur15 ing a single fiscal year for any single relocation of an orga16 nization, unit, activity or function of the Department of 

17 Defense into or within the National Capital Region: Pro18 vided, That the Secretary of Defense may waive this re19 striction on a case-by-case basis by certifying in writing 

20 to the congressional defense committees that such a relo21 cation is required in the best interest of the Government. 

22 SEC. 8021. In addition to the funds provided else23 where in this Act, $15,000,000 is appropriated only for 

24 incentive payments authorized by section 504 of the In25 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 


emcdonald on DSK2BSOYB1PROD with BILLS
56 

•HR 1 IH

1 That a prime contractor or a subcontractor at any tier 

2 that makes a subcontract award to any subcontractor or 

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

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

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

6 of title 25, United States Code, shall be considered a con7 tractor for the purposes of being allowed additional com8 pensation under section 504 of the Indian Financing Act 

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

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

11 expenditure of funds appropriated by an Act making Ap12 propriations for the Department of Defense with respect 

13 to any fiscal year: Provided further, That notwithstanding 

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

15 shall be applicable to any Department of Defense acquisi16 tion of supplies or services, including any contract and any 

17 subcontract at any tier for acquisition of commercial items 

18 produced or manufactured, in whole or in part by any sub19 contractor or supplier defined in section 1544 of title 25, 

20 United States Code, or a small business owned and con21 trolled by an individual or individuals defined under sec22 tion 4221(9) of title 25, United States Code. 

23 SEC. 8022. Funds appropriated by this Act for the 

24 Defense Media Activity shall not be used for any national 

25 or international political or psychological activities. 


emcdonald on DSK2BSOYB1PROD with BILLS
57 

•HR 1 IH

1 SEC. 8023. During the current fiscal year, the De2 partment of Defense is authorized to incur obligations of 

3 not to exceed $350,000,000 for purposes specified in sec4 tion 2350j(c) of title 10, United States Code, in anticipa5 tion of receipt of contributions, only from the Government 

6 of Kuwait, under that section: Provided, That upon re7 ceipt, such contributions from the Government of Kuwait 

8 shall be credited to the appropriations or fund which in9 curred such obligations. 

10 SEC. 8024. (a) Of the funds made available in this 

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

12 Civil Air Patrol Corporation, of which— 

13 (1) $27,048,000 shall be available from ‘‘Oper14 ation and Maintenance, Air Force’’ to support Civil 

15 Air Patrol Corporation operation and maintenance, 

16 readiness, counterdrug activities, and drug demand 

17 reduction activities involving youth programs; 

18 (2) $2,424,000 shall be available from ‘‘Aircraft 

19 Procurement, Air Force’’; and 

20 (3) $902,000 shall be available from ‘‘Other 

21 Procurement, Air Force’’ for vehicle procurement. 

22 (b) The Secretary of the Air Force should waive reim23 bursement for any funds used by the Civil Air Patrol for 

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

25 local government agencies. 


emcdonald on DSK2BSOYB1PROD with BILLS
58 

•HR 1 IH

1 SEC. 8025. (a) None of the funds appropriated in this 

2 Act are available to establish a new Department of De3 fense (department) federally funded research and develop4 ment center (FFRDC), either as a new entity, or as a 

5 separate entity administrated by an organization man6 aging another FFRDC, or as a nonprofit membership cor7 poration consisting of a consortium of other FFRDCs and 

8 other nonprofit entities. 

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

10 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

12 and no paid consultant to any defense FFRDC, except 

13 when acting in a technical advisory capacity, may be com14 pensated for his or her services as a member of such enti15 ty, or as a paid consultant by more than one FFRDC in 

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

17 referred to previously in this subsection shall be allowed 

18 travel expenses and per diem as authorized under the Fed19 eral Joint Travel Regulations, when engaged in the per20 formance of membership duties. 

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

22 of the funds available to the department from any source 

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

24 through a fee or other payment mechanism, for construc25 tion of new buildings, for payment of cost sharing for 


emcdonald on DSK2BSOYB1PROD with BILLS
59 

•HR 1 IH

1 projects funded by Government grants, for absorption of 

2 contract overruns, or for certain charitable contributions, 

3 not to include employee participation in community service 

4 and/or development. 

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

6 the funds available to the department during fiscal year 

7 2011, not more than 5,750 staff years of technical effort 

8 (staff years) may be funded for defense FFRDCs: Pro9 vided, That of the specific amount referred to previously 

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

11 be funded for the defense studies and analysis FFRDCs: 

12 Provided further, That this subsection shall not apply to 

13 staff years funded in the National Intelligence Program 

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

15 (e) The Secretary of Defense shall, with the submis16 sion of the department’s fiscal year 2012 budget request, 

17 submit a report presenting the specific amounts of staff 

18 years of technical effort to be allocated for each defense 

19 FFRDC during that fiscal year and the associated budget 

20 estimates. 

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

22 the total amount appropriated in this Act for FFRDCs 

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

24 SEC. 8026. None of the funds appropriated or made 

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


emcdonald on DSK2BSOYB1PROD with BILLS
60 

•HR 1 IH

1 or armor steel plate for use in any Government-owned fa2 cility or property under the control of the Department of 

3 Defense which were not melted and rolled in the United 

4 States or Canada: Provided, That these procurement re5 strictions shall apply to any and all Federal Supply Class 

6 9515, American Society of Testing and Materials (ASTM) 

7 or American Iron and Steel Institute (AISI) specifications 

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

9 That the Secretary of the military department responsible 

10 for the procurement may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations of the House of Representatives and the 

13 Senate that adequate domestic supplies are not available 

14 to meet Department of Defense requirements on a timely 

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

16 to acquire capability for national security purposes: Pro17 vided further, That these restrictions shall not apply to 

18 contracts which are in being as of the date of the enact19 ment of this Act. 

20 SEC. 8027. For the purposes of this Act, the term 

21 ‘‘congressional defense committees’’ means the Armed 

22 Services Committee of the House of Representatives, the 

23 Armed Services Committee of the Senate, the Sub24 committee on Defense of the Committee on Appropriations 

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


emcdonald on DSK2BSOYB1PROD with BILLS
61 

•HR 1 IH

1 Committee on Appropriations of the House of Representa2 tives. 

3 SEC. 8028. During the current fiscal year, the De4 partment of Defense may acquire the modification, depot 

5 maintenance and repair of aircraft, vehicles and vessels 

6 as well as the production of components and other De7 fense-related articles, through competition between De8 partment of Defense depot maintenance activities and pri9 vate firms: Provided, That the Senior Acquisition Execu10 tive of the military department or Defense Agency con11 cerned, with power of delegation, shall certify that success12 ful bids include comparable estimates of all direct and in13 direct costs for both public and private bids: Provided fur14 ther, That Office of Management and Budget Circular A– 

15 76 shall not apply to competitions conducted under this 

16 section. 

17 SEC. 8029. (a)(1) If the Secretary of Defense, after 

18 consultation with the United States Trade Representative, 

19 determines that a foreign country which is party to an 

20 agreement described in paragraph (2) has violated the 

21 terms of the agreement by discriminating against certain 

22 types of products produced in the United States that are 

23 covered by the agreement, the Secretary of Defense shall 

24 rescind the Secretary’s blanket waiver of the Buy AmerVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
62 

•HR 1 IH

1 ican Act with respect to such types of products produced 

2 in that foreign country. 

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

4 reciprocal defense procurement memorandum of under5 standing, between the United States and a foreign country 

6 pursuant to which the Secretary of Defense has prospec7 tively waived the Buy American Act for certain products 

8 in that country. 

9 (b) The Secretary of Defense shall submit to the Con10 gress a report on the amount of Department of Defense 

11 purchases from foreign entities in fiscal year 2011. Such 

12 report shall separately indicate the dollar value of items 

13 for which the Buy American Act was waived pursuant to 

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

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

16 international agreement to which the United States is a 

17 party. 

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

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

20 States Code. 

21 SEC. 8030. During the current fiscal year, amounts 

22 contained in the Department of Defense Overseas Military 

23 Facility Investment Recovery Account established by sec24 tion 2921(c)(1) of the National Defense Authorization Act 

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


emcdonald on DSK2BSOYB1PROD with BILLS
63 

•HR 1 IH

1 be available until expended for the payments specified by 

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

3 SEC. 8031. (a) Notwithstanding any other provision 

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

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

6 tribes located in the States of Nevada, Idaho, North Da7 kota, South Dakota, Montana, Oregon, Minnesota, and 

8 Washington relocatable military housing units located at 

9 Grand Forks Air Force Base, Malmstrom Air Force Base, 

10 Mountain Home Air Force Base, Ellsworth Air Force 

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

12 needs of the Air Force. 

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

14 no cost to the Air Force, military housing units under sub15 section (a) in accordance with the request for such units 

16 that are submitted to the Secretary by the Operation 

17 Walking Shield Program on behalf of Indian tribes located 

18 in the States of Nevada, Idaho, North Dakota, South Da19 kota, Montana, Oregon, Minnesota, and Washington. Any 

20 such conveyance shall be subject to the condition that the 

21 housing units shall be removed within a reasonable period 

22 of time, as determined by the Secretary. 

23 (c) The Operation Walking Shield Program shall re24 solve any conflicts among requests of Indian tribes for 

25 housing units under subsection (a) before submitting reVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
64 

•HR 1 IH

1 quests to the Secretary of the Air Force under subsection 

2 (b). 

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

4 any recognized Indian tribe included on the current list 

5 published by the Secretary of the Interior under section 

6 104 of the Federally Recognized Indian Tribe Act of 1994 

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

8 1). 

9 SEC. 8032. During the current fiscal year, appropria10 tions which are available to the Department of Defense 

11 for operation and maintenance may be used to purchase 

12 items having an investment item unit cost of not more 

13 than $250,000. 

14 SEC. 8033. (a) During the current fiscal year, none 

15 of the appropriations or funds available to the Department 

16 of Defense Working Capital Funds shall be used for the 

17 purchase of an investment item for the purpose of acquir18 ing a new inventory item for sale or anticipated sale dur19 ing the current fiscal year or a subsequent fiscal year to 

20 customers of the Department of Defense Working Capital 

21 Funds if such an item would not have been chargeable 

22 to the Department of Defense Business Operations Fund 

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

24 investment item would be chargeable during the current 


emcdonald on DSK2BSOYB1PROD with BILLS
65 

•HR 1 IH

1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

3 (b) The fiscal year 2012 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2012 

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment 

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be 

10 budgeted for in a proposed fiscal year 2012 procurement 

11 appropriation and not in the supply management business 

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

13 Defense Working Capital Funds. 

14 SEC. 8034. None of the funds appropriated by this 

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

18 Contingencies, which shall remain available until Sep19 tember 30, 2012: Provided, That funds appropriated, 

20 transferred, or otherwise credited to the Central Intel21 ligence Agency Central Services Working Capital Fund 

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

24 any funds appropriated or transferred to the Central Intel25 ligence Agency for advanced research and development acVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
66 

•HR 1 IH

1 quisition, for agent operations, and for covert action pro2 grams authorized by the President under section 503 of 

3 the National Security Act of 1947, as amended, shall re4 main available until September 30, 2012. 

5 SEC. 8035. Notwithstanding any other provision of 

6 law, funds made available in this Act for the Defense In7 telligence Agency may be used for the design, develop8 ment, and deployment of General Defense Intelligence 

9 Program intelligence communications and intelligence in10 formation systems for the Services, the Unified and Speci11 fied Commands, and the component commands. 

12 SEC. 8036. Of the funds appropriated to the Depart13 ment of Defense under the heading ‘‘Operation and Main14 tenance, Defense-Wide’’, not less than $12,000,000 shall 

15 be made available only for the mitigation of environmental 

16 impacts, including training and technical assistance to 

17 tribes, related administrative support, the gathering of in18 formation, documenting of environmental damage, and de19 veloping a system for prioritization of mitigation and cost 

20 to complete estimates for mitigation, on Indian lands re21 sulting from Department of Defense activities. 

22 SEC. 8037. (a) None of the funds appropriated in this 

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

24 Defense unless the entity, in expending the funds, com25 plies with the Buy American Act. For purposes of this 


emcdonald on DSK2BSOYB1PROD with BILLS
67 

•HR 1 IH

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

2 83 of title 41, United States Code. 

3 (b) If the Secretary of Defense determines that a per4 son has been convicted of intentionally affixing a label 

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

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

7 in America, the Secretary shall determine, in accordance 

8 with section 2410f of title 10, United States Code, wheth9 er the person should be debarred from contracting with 

10 the Department of Defense. 

11 (c) In the case of any equipment or products pur12 chased with appropriations provided under this Act, it is 

13 the sense of the Congress that any entity of the Depart14 ment of Defense, in expending the appropriation, purchase 

15 only American-made equipment and products, provided 

16 that American-made equipment and products are cost17 competitive, quality competitive, and available in a timely 

18 fashion. 

19 SEC. 8038. None of the funds appropriated by this 

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

21 or consulting services entered into without competition on 

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

23 activity responsible for the procurement determines— 


emcdonald on DSK2BSOYB1PROD with BILLS
68 

•HR 1 IH

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

2 only one source is found fully qualified to perform 

3 the proposed work; 

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

5 unsolicited proposal which offers significant sci6 entific or technological promise, represents the prod7 uct of original thinking, and was submitted in con8 fidence by one source; or 

9 (3) the purpose of the contract is to take ad10 vantage of unique and significant industrial accom11 plishment by a specific concern, or to insure that a 

12 new product or idea of a specific concern is given fi13 nancial support: Provided, That this limitation shall 

14 not apply to contracts in an amount of less than 

15 $25,000, contracts related to improvements of equip16 ment that is in development or production, or con17 tracts as to which a civilian official of the Depart18 ment of Defense, who has been confirmed by the 

19 Senate, determines that the award of such contract 

20 is in the interest of the national defense. 

21 SEC. 8039. (a) Except as provided in subsections (b) 

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

23 be used— 

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


emcdonald on DSK2BSOYB1PROD with BILLS
69 

•HR 1 IH

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

2 Armed Forces or civilian employee of the depart3 ment who is transferred or reassigned from a head4 quarters activity if the member or employee’s place 

5 of duty remains at the location of that headquarters. 

6 (b) The Secretary of Defense or Secretary of a mili7 tary department may waive the limitations in subsection 

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

9 and certifies to the Committees on Appropriations of the 

10 House of Representatives and Senate that the granting 

11 of the waiver will reduce the personnel requirements or 

12 the financial requirements of the department. 

13 (c) This section does not apply to— 

14 (1) field operating agencies funded within the 

15 National Intelligence Program; or 

16 (2) an Army field operating agency established 

17 to eliminate, mitigate, or counter the effects of im18 provised explosive devices, and, as determined by the 

19 Secretary of the Army, other similar threats; or 

20 (3) an Army field operating agency established 

21 to improve the effectiveness and efficiencies of bio22 metric activities and to integrate common biometric 

23 technologies throughout the Department of Defense. 

24 SEC. 8040. The Secretary of Defense, notwith25 standing any other provision of law, acting through the 


emcdonald on DSK2BSOYB1PROD with BILLS
70 

•HR 1 IH

1 Office of Economic Adjustment of the Department of De2 fense, may use funds made available in this Act under the 

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

4 make grants and supplement other Federal funds in ac5 cordance with the guidance provided in the explanatory 

6 statement regarding this Act. 

7 (RESCISSIONS)

8 SEC. 8041. Of the funds appropriated in Department 

9 of Defense Appropriations Acts, the following funds are 

10 hereby rescinded from the following accounts and pro11 grams in the specified amounts: 

12 ‘‘Procurement of Weapons and Tracked Combat 

13 Vehicles, Army, 2009/2011’’, $86,300,000; 

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

15 $147,600,000; 

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

17 $26,100,000; 

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

19 $116,900,000; 

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

21 $14,000,000; 

22 ‘‘Procurement of Weapons and Tracked Combat 

23 Vehicles, Army, 2010/2012’’, $36,000,000; 

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

25 $9,171,000; 


emcdonald on DSK2BSOYB1PROD with BILLS
71 

•HR 1 IH

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

2 $184,847,000; 

3 ‘‘Procurement of Ammunition, Navy and Ma4 rine Corps, 2010/2012’’, $11,576,000; 

5 Under the heading, ‘‘Shipbuilding and Conver6 sion, Navy, 2010/2014’’: DDG–51 Destroyer, 

7 $22,000,000; 

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

9 $9,042,000; 

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

11 $151,300,000; 

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

13 $36,600,000; 

14 ‘‘Research, Development, Test and Evaluation, 

15 Army, 2010/2011’’, $53,500,000; 

16 ‘‘Research, Development, Test and Evaluation, 

17 Air Force, 2010/2011’’, $198,600,000; and 

18 ‘‘Research, Development, Test and Evaluation, 

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

20 SEC. 8042. None of the funds available in this Act 

21 may be used to reduce the authorized positions for mili22 tary (civilian) technicians of the Army National Guard, 

23 Air National Guard, Army Reserve and Air Force Reserve 

24 for the purpose of applying any administratively imposed 

25 civilian personnel ceiling, freeze, or reduction on military 


emcdonald on DSK2BSOYB1PROD with BILLS
72 

•HR 1 IH

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

2 result of a reduction in military force structure. 

3 SEC. 8043. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic 

6 of Korea unless specifically appropriated for that purpose. 

7 SEC. 8044. Funds appropriated in this Act for oper8 ation and maintenance of the Military Departments, Com9 batant Commands and Defense Agencies shall be available 

10 for reimbursement of pay, allowances and other expenses 

11 which would otherwise be incurred against appropriations 

12 for the National Guard and Reserve when members of the 

13 National Guard and Reserve provide intelligence or coun14 terintelligence support to Combatant Commands, Defense 

15 Agencies and Joint Intelligence Activities, including the 

16 activities and programs included within the National Intel17 ligence Program and the Military Intelligence Program: 

18 Provided, That nothing in this section authorizes deviation 

19 from established Reserve and National Guard personnel 

20 and training procedures. 

21 SEC. 8045. During the current fiscal year, none of 

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

23 the civilian medical and medical support personnel as24 signed to military treatment facilities below the September 

25 30, 2003, level: Provided, That the Service Surgeons GenVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
73 

•HR 1 IH

1 eral may waive this section by certifying to the congres2 sional defense committees that the beneficiary population 

3 is declining in some catchment areas and civilian strength 

4 reductions may be consistent with responsible resource 

5 stewardship and capitation-based budgeting. 

6 SEC. 8046. (a) None of the funds available to the 

7 Department of Defense for any fiscal year for drug inter8 diction or counter-drug activities may be transferred to 

9 any other department or agency of the United States ex10 cept as specifically provided in an appropriations law. 

11 (b) None of the funds available to the Central Intel12 ligence Agency for any fiscal year for drug interdiction 

13 and counter-drug activities may be transferred to any 

14 other department or agency of the United States except 

15 as specifically provided in an appropriations law. 

16 SEC. 8047. None of the funds appropriated by this 

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

18 bearings other than those produced by a domestic source 

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

20 the military department responsible for such procurement 

21 may waive this restriction on a case-by-case basis by certi22 fying in writing to the Committees on Appropriations of 

23 the House of Representatives and the Senate, that ade24 quate domestic supplies are not available to meet Depart25 ment of Defense requirements on a timely basis and that 


emcdonald on DSK2BSOYB1PROD with BILLS
74 

•HR 1 IH

1 such an acquisition must be made in order to acquire ca2 pability for national security purposes: Provided further, 

3 That this restriction shall not apply to the purchase of 

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

5 Office of Federal Procurement Policy Act, except that the 

6 restriction shall apply to ball or roller bearings purchased 

7 as end items. 

8 SEC. 8048. None of the funds in this Act may be 

9 used to purchase any supercomputer which is not manu10 factured in the United States, unless the Secretary of De11 fense certifies to the congressional defense committees 

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

13 capability for national security purposes that is not avail14 able from United States manufacturers. 

15 SEC. 8049. None of the funds made available in this 

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

17 officer or employee of the Department of Defense who ap18 proves or implements the transfer of administrative re19 sponsibilities or budgetary resources of any program, 

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

21 of another Federal agency not financed by this Act with22 out the express authorization of Congress: Provided, That 

23 this limitation shall not apply to transfers of funds ex24 pressly provided for in Defense Appropriations Acts, or 


emcdonald on DSK2BSOYB1PROD with BILLS
75 

•HR 1 IH

1 provisions of Acts providing supplemental appropriations 

2 for the Department of Defense. 

3 SEC. 8050. (a) Notwithstanding any other provision 

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

5 Defense for the current fiscal year may be obligated or 

6 expended to transfer to another nation or an international 

7 organization any defense articles or services (other than 

8 intelligence services) for use in the activities described in 

9 subsection (b) unless the congressional defense commit10 tees, the Committee on Foreign Affairs of the House of 

11 Representatives, and the Committee on Foreign Relations 

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

13 transfer. 

14 (b) This section applies to— 

15 (1) any international peacekeeping or peace-en16 forcement operation under the authority of chapter 

17 VI or chapter VII of the United Nations Charter 

18 under the authority of a United Nations Security 

19 Council resolution; and 

20 (2) any other international peacekeeping, peace21 enforcement, or humanitarian assistance operation. 

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

23 following— 

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

25 services to be transferred. 


emcdonald on DSK2BSOYB1PROD with BILLS
76 

•HR 1 IH

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

2 supplies, or services to be transferred. 

3 (3) In the case of a proposed transfer of equip4 ment or supplies— 

5 (A) a statement of whether the inventory 

6 requirements of all elements of the Armed 

7 Forces (including the reserve components) for 

8 the type of equipment or supplies to be trans9 ferred have been met; and 

10 (B) a statement of whether the items pro11 posed to be transferred will have to be replaced 

12 and, if so, how the President proposes to pro13 vide funds for such replacement. 

14 SEC. 8051. None of the funds available to the De15 partment of Defense under this Act shall be obligated or 

16 expended to pay a contractor under a contract with the 

17 Department of Defense for costs of any amount paid by 

18 the contractor to an employee when— 

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

20 excess of the normal salary paid by the contractor 

21 to the employee; and 

22 (2) such bonus is part of restructuring costs as23 sociated with a business combination. 


emcdonald on DSK2BSOYB1PROD with BILLS
77 

•HR 1 IH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8052. During the current fiscal year, no more 

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

4 under the heading ‘‘Operation and Maintenance, Defense5 Wide’’ may be transferred to appropriations available for 

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

7 be available for the same time period as the appropriations 

8 to which transferred, to be used in support of such per9 sonnel in connection with support and services for eligible 

10 organizations and activities outside the Department of De11 fense pursuant to section 2012 of title 10, United States 

12 Code. 

13 SEC. 8053. During the current fiscal year, in the case 

14 of an appropriation account of the Department of Defense 

15 for which the period of availability for obligation has ex16 pired or which has closed under the provisions of section 

17 1552 of title 31, United States Code, and which has a 

18 negative unliquidated or unexpended balance, an obliga19 tion or an adjustment of an obligation may be charged 

20 to any current appropriation account for the same purpose 

21 as the expired or closed account if— 

22 (1) the obligation would have been properly 

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

24 closed account before the end of the period of avail25 ability or closing of that account; 


emcdonald on DSK2BSOYB1PROD with BILLS
78 

•HR 1 IH

1 (2) the obligation is not otherwise properly 

2 chargeable to any current appropriation account of 

3 the Department of Defense; and 

4 (3) in the case of an expired account, the obli5 gation is not chargeable to a current appropriation 

6 of the Department of Defense under the provisions 

7 of section 1405(b)(8) of the National Defense Au8 thorization Act for Fiscal Year 1991, Public Law 

9 101–510, as amended (31 U.S.C. 1551 note): Pro10 vided, That in the case of an expired account, if sub11 sequent review or investigation discloses that there 

12 was not in fact a negative unliquidated or unex13 pended balance in the account, any charge to a cur14 rent account under the authority of this section shall 

15 be reversed and recorded against the expired ac16 count: Provided further, That the total amount 

17 charged to a current appropriation under this sec18 tion may not exceed an amount equal to 1 percent 

19 of the total appropriation for that account. 

20 SEC. 8054. (a) Notwithstanding any other provision 

21 of law, the Chief of the National Guard Bureau may per22 mit the use of equipment of the National Guard Distance 

23 Learning Project by any person or entity on a space-avail24 able, reimbursable basis. The Chief of the National Guard 


emcdonald on DSK2BSOYB1PROD with BILLS
79 

•HR 1 IH

1 Bureau shall establish the amount of reimbursement for 

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

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

4 credited to funds available for the National Guard Dis5 tance Learning Project and be available to defray the costs 

6 associated with the use of equipment of the project under 

7 that subsection. Such funds shall be available for such 

8 purposes without fiscal year limitation. 

9 SEC. 8055. Using funds made available by this Act 

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

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

12 States Code, may implement cost-effective agreements for 

13 required heating facility modernization in the 

14 Kaiserslautern Military Community in the Federal Repub15 lic of Germany: Provided, That in the City of 

16 Kaiserslautern and at the Rhine Ordnance Barracks area, 

17 such agreements will include the use of United States an18 thracite as the base load energy for municipal district heat 

19 to the United States Defense installations: Provided fur20 ther, That at Landstuhl Army Regional Medical Center 

21 and Ramstein Air Base, furnished heat may be obtained 

22 from private, regional or municipal services, if provisions 

23 are included for the consideration of United States coal 

24 as an energy source. 


emcdonald on DSK2BSOYB1PROD with BILLS
80 

•HR 1 IH

1 SEC. 8056. None of the funds appropriated in title 

2 IV of this Act may be used to procure end-items for deliv3 ery to military forces for operational training, operational 

4 use or inventory requirements: Provided, That this restric5 tion does not apply to end-items used in development, 

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Intelligence Program: Provided further, That the 

10 Secretary of Defense may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations of the House of Representatives and the 

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

14 so. 

15 SEC. 8057. None of the funds made available in this 

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

17 22A advanced tactical fighter to any foreign government: 

18 Provided, That the Department of Defense may conduct 

19 or participate in studies, research, design and other activi20 ties to define and develop a future export version of the 

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

22 technologies and U.S. warfighting capabilities. 

23 SEC. 8058. (a) The Secretary of Defense may, on a 

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

25 each limitation on the procurement of defense items from 


emcdonald on DSK2BSOYB1PROD with BILLS
81 

•HR 1 IH

1 foreign sources provided in law if the Secretary determines 

2 that the application of the limitation with respect to that 

3 country would invalidate cooperative programs entered 

4 into between the Department of Defense and the foreign 

5 country, or would invalidate reciprocal trade agreements 

6 for the procurement of defense items entered into under 

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

8 country does not discriminate against the same or similar 

9 defense items produced in the United States for that coun10 try. 

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

12 (1) contracts and subcontracts entered into on 

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

14 (2) options for the procurement of items that 

15 are exercised after such date under contracts that 

16 are entered into before such date if the option prices 

17 are adjusted for any reason other than the applica18 tion of a waiver granted under subsection (a). 

19 (c) Subsection (a) does not apply to a limitation re20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by 

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

23 Schedule and products classified under headings 4010, 

24 4202, 4203, 6401 through 6406, 6505, 7019, 7218 


emcdonald on DSK2BSOYB1PROD with BILLS
82 

•HR 1 IH

1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

3 SEC. 8059. (a) None of the funds made available by 

4 this Act may be used to support any training program in5 volving a unit of the security forces or police of a foreign 

6 country if the Secretary of Defense has received credible 

7 information from the Department of State that the unit 

8 has committed a gross violation of human rights, unless 

9 all necessary corrective steps have been taken. 

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

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

12 to conduct any training program referred to in subsection 

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

14 available to the Department of State relating to human 

15 rights violations by foreign security forces. 

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

17 the Secretary of State, may waive the prohibition in sub18 section (a) if he determines that such waiver is required 

19 by extraordinary circumstances. 

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

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

22 submit a report to the congressional defense committees 

23 describing the extraordinary circumstances, the purpose 

24 and duration of the training program, the United States 

25 forces and the foreign security forces involved in the trainVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
83 

•HR 1 IH

1 ing program, and the information relating to human rights 

2 violations that necessitates the waiver. 

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

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

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

6 ships unless the main propulsion diesel engines and 

7 propulsors are manufactured in the United States by a 

8 domestically operated entity: Provided, That the Secretary 

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

10 basis by certifying in writing to the Committees on Appro11 priations of the House of Representatives and the Senate 

12 that adequate domestic supplies are not available to meet 

13 Department of Defense requirements on a timely basis 

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

15 acquire capability for national security purposes or there 

16 exists a significant cost or quality difference. 

17 SEC. 8061. None of the funds appropriated or other18 wise made available by this or other Department of De19 fense Appropriations Acts may be obligated or expended 

20 for the purpose of performing repairs or maintenance to 

21 military family housing units of the Department of De22 fense, including areas in such military family housing 

23 units that may be used for the purpose of conducting offi24 cial Department of Defense business. 


emcdonald on DSK2BSOYB1PROD with BILLS
84 

•HR 1 IH

1 SEC. 8062. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’ for any new start advanced concept technology 

5 demonstration project or joint capability demonstration 

6 project may only be obligated 30 days after a report, in7 cluding a description of the project, the planned acquisi8 tion and transition strategy and its estimated annual and 

9 total cost, has been provided in writing to the congres10 sional defense committees: Provided, That the Secretary 

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

12 basis by certifying to the congressional defense committees 

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

14 SEC. 8063. The Secretary of Defense shall provide 

15 a classified quarterly report beginning 30 days after enact16 ment of this Act, to the House and Senate Appropriations 

17 Committees, Subcommittees on Defense on certain mat18 ters as directed in the classified annex accompanying this 

19 Act. 

20 SEC. 8064. During the current fiscal year, none of 

21 the funds available to the Department of Defense may be 

22 used to provide support to another department or agency 

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

24 than 90 days in arrears in making payment to the Depart25 ment of Defense for goods or services previously provided 


emcdonald on DSK2BSOYB1PROD with BILLS
85 

•HR 1 IH

1 to such department or agency on a reimbursable basis: 

2 Provided, That this restriction shall not apply if the de3 partment is authorized by law to provide support to such 

4 department or agency on a nonreimbursable basis, and is 

5 providing the requested support pursuant to such author6 ity: Provided further, That the Secretary of Defense may 

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

8 in writing to the Committees on Appropriations of the 

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

10 national security interest to do so. 

11 SEC. 8065. Notwithstanding section 12310(b) of title 

12 10, United States Code, a Reserve who is a member of 

13 the National Guard serving on full-time National Guard 

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

15 may perform duties in support of the ground-based ele16 ments of the National Ballistic Missile Defense System. 

17 SEC. 8066. None of the funds provided in this Act 

18 may be used to transfer to any nongovernmental entity 

19 ammunition held by the Department of Defense that has 

20 a center-fire cartridge and a United States military no21 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

24 entity performing demilitarization services for the Depart25 ment of Defense under a contract that requires the entity 


emcdonald on DSK2BSOYB1PROD with BILLS
86 

•HR 1 IH

1 to demonstrate to the satisfaction of the Department of 

2 Defense that armor piercing projectiles are either: (1) ren3 dered incapable of reuse by the demilitarization process; 

4 or (2) used to manufacture ammunition pursuant to a con5 tract with the Department of Defense or the manufacture 

6 of ammunition for export pursuant to a License for Per7 manent Export of Unclassified Military Articles issued by 

8 the Department of State. 

9 SEC. 8067. Notwithstanding any other provision of 

10 law, the Chief of the National Guard Bureau, or his des11 ignee, may waive payment of all or part of the consider12 ation that otherwise would be required under section 2667 

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

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

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

16 United States Code, or any other youth, social, or fra17 ternal nonprofit organization as may be approved by the 

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

19 a case-by-case basis. 

20 SEC. 8068. None of the funds appropriated by this 

21 Act shall be used for the support of any nonappropriated 

22 funds activity of the Department of Defense that procures 

23 malt beverages and wine with nonappropriated funds for 

24 resale (including such alcoholic beverages sold by the 

25 drink) on a military installation located in the United 


emcdonald on DSK2BSOYB1PROD with BILLS
87 

•HR 1 IH

1 States unless such malt beverages and wine are procured 

2 within that State, or in the case of the District of Colum3 bia, within the District of Columbia, in which the military 

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

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

6 purchases may be made in any State in which the installa7 tion is located: Provided further, That such local procure8 ment requirements for malt beverages and wine shall 

9 apply to all alcoholic beverages only for military installa10 tions in States which are not contiguous with another 

11 State: Provided further, That alcoholic beverages other 

12 than wine and malt beverages, in contiguous States and 

13 the District of Columbia shall be procured from the most 

14 competitive source, price and other factors considered. 

15 SEC. 8069. Funds available to the Department of De16 fense for the Global Positioning System during the current 

17 fiscal year, and hereafter, may be used to fund civil re18 quirements associated with the satellite and ground con19 trol segments of such system’s modernization program. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8070. Of the amounts appropriated in this Act 

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

23 $147,258,300 shall remain available until expended: Pro24 vided, That notwithstanding any other provision of law, 

25 the Secretary of Defense is authorized to transfer such 


emcdonald on DSK2BSOYB1PROD with BILLS
88 

•HR 1 IH

1 funds to other activities of the Federal Government: Pro2 vided further, That the Secretary of Defense is authorized 

3 to enter into and carry out contracts for the acquisition 

4 of real property, construction, personal services, and oper5 ations related to projects carrying out the purposes of this 

6 section: Provided further, That contracts entered into 

7 under the authority of this section may provide for such 

8 indemnification as the Secretary determines to be nec9 essary: Provided further, That projects authorized by this 

10 section shall comply with applicable Federal, State, and 

11 local law to the maximum extent consistent with the na12 tional security, as determined by the Secretary of Defense. 

13 SEC. 8071. Section 8106 of the Department of De14 fense Appropriations Act, 1997 (titles I through VIII of 

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

16 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con17 tinue in effect to apply to disbursements that are made 

18 by the Department of Defense in fiscal year 2011. 

19 SEC. 8072. In addition to amounts provided else20 where in this Act, $4,000,000 is hereby appropriated to 

21 the Department of Defense, to remain available for obliga22 tion until expended: Provided, That notwithstanding any 

23 other provision of law, these funds shall be available only 

24 for a grant to the Fisher House Foundation, Inc., only 

25 for the construction and furnishing of additional Fisher 


emcdonald on DSK2BSOYB1PROD with BILLS
89 

•HR 1 IH

1 Houses to meet the needs of military family members 

2 when confronted with the illness or hospitalization of an 

3 eligible military beneficiary. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8073. Of the amounts appropriated in this Act 

6 under the headings ‘‘Procurement, Defense-Wide’’ and 

7 ‘‘Research, Development, Test and Evaluation, Defense8 Wide’’, $415,115,000 shall be for the Israeli Cooperative 

9 Programs: Provided, That of this amount, $205,000,000 

10 shall be for the Secretary of Defense to provide to the Gov11 ernment of Israel for the procurement of the Iron Dome 

12 defense system to counter short-range rocket threats, 

13 $84,722,000 shall be for the Short Range Ballistic Missile 

14 Defense (SRBMD) program, including cruise missile de15 fense research and development under the SRBMD pro16 gram, $58,966,000 shall be available for an upper-tier 

17 component to the Israeli Missile Defense Architecture, and 

18 $66,427,000 shall be for the Arrow System Improvement 

19 Program including development of a long range, ground 

20 and airborne, detection suite, of which $12,000,000 shall 

21 be for producing Arrow missile components in the United 

22 States and Arrow missile components in Israel to meet 

23 Israel’s defense requirements, consistent with each na24 tion’s laws, regulations and procedures: Provided further, 

25 That funds made available under this provision for proVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
90 

•HR 1 IH

1 duction of missiles and missile components may be trans2 ferred to appropriations available for the procurement of 

3 weapons and equipment, to be merged with and to be 

4 available for the same time period and the same purposes 

5 as the appropriation to which transferred: Provided fur6 ther, That the transfer authority provided under this pro7 vision is in addition to any other transfer authority con8 tained in this Act. 

9 SEC. 8074. None of the funds available to the De10 partment of Defense may be obligated to modify command 

11 and control relationships to give Fleet Forces Command 

12 administrative and operational control of U.S. Navy forces 

13 assigned to the Pacific fleet: Provided, That the command 

14 and control relationships which existed on October 1, 

15 2004, shall remain in force unless changes are specifically 

16 authorized in a subsequent Act. 

17 SEC. 8075. Notwithstanding any other provision of 

18 law or regulation, the Secretary of Defense may exercise 

19 the provisions of section 7403(g) of title 38, United States 

20 Code, for occupations listed in section 7403(a)(2) of title 

21 38, United States Code, as well as the following: 

22 Pharmacists, Audiologists, Psychologists, Social 

23 Workers, Othotists/Prosthetists, Occupational 

24 Therapists, Physical Therapists, Rehabilitation 

25 Therapists, Respiratory Therapists, Speech PatholoVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
91 

•HR 1 IH

1 gists, Dietitian/Nutritionists, Industrial Hygienists, 

2 Psychology Technicians, Social Service Assistants, 

3 Practical Nurses, Nursing Assistants, and Dental 

4 Hygienists: 

5 (A) The requirements of section 

6 7403(g)(1)(A) of title 38, United States Code, 

7 shall apply. 

8 (B) The limitations of section 

9 7403(g)(1)(B) of title 38, United States Code, 

10 shall not apply. 

11 SEC. 8076. Funds appropriated by this Act, or made 

12 available by the transfer of funds in this Act, for intel13 ligence activities are deemed to be specifically authorized 

14 by the Congress for purposes of section 504 of the Na15 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

16 year 2011 until the enactment of the Intelligence Author17 ization Act for Fiscal Year 2011. 

18 SEC. 8077. None of the funds provided in this Act 

19 shall be available for obligation or expenditure through a 

20 reprogramming of funds that creates or initiates a new 

21 program, project, or activity unless such program, project, 

22 or activity must be undertaken immediately in the interest 

23 of national security and only after written prior notifica24 tion to the congressional defense committees. 


emcdonald on DSK2BSOYB1PROD with BILLS
92 

•HR 1 IH

1 SEC. 8078. The budget of the President for fiscal 

2 year 2012 submitted to the Congress pursuant to section 

3 1105 of title 31, United States Code, shall include sepa4 rate budget justification documents for costs of United 

5 States Armed Forces’ participation in contingency oper6 ations for the Military Personnel accounts, the Operation 

7 and Maintenance accounts, and the Procurement ac8 counts: Provided, That these documents shall include a de9 scription of the funding requested for each contingency op10 eration, for each military service, to include all Active and 

11 Reserve components, and for each appropriations account: 

12 Provided further, That these documents shall include esti13 mated costs for each element of expense or object class, 

14 a reconciliation of increases and decreases for each contin15 gency operation, and programmatic data including, but 

16 not limited to, troop strength for each Active and Reserve 

17 component, and estimates of the major weapons systems 

18 deployed in support of each contingency: Provided further, 

19 That these documents shall include budget exhibits OP– 

20 5 and OP–32 (as defined in the Department of Defense 

21 Financial Management Regulation) for all contingency op22 erations for the budget year and the two preceding fiscal 

23 years. 

24 SEC. 8079. None of the funds in this Act may be 

25 used for research, development, test, evaluation, procureVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
93 

•HR 1 IH

1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8080. In addition to the amounts appropriated 

5 or otherwise made available elsewhere in this Act, 

6 $65,200,000 is hereby appropriated to the Department of 

7 Defense: Provided, That the Secretary of Defense shall 

8 make grants in the amounts specified as follows: 

9 $20,000,000 to the United Service Organizations; 

10 $24,000,000 to the Red Cross; $1,200,000 to the Special 

11 Olympics; and $20,000,000 to the Youth Mentoring 

12 Grants Program: Provided further, That funds available 

13 in this section for the Youth Mentoring Grants Program 

14 may be available for transfer to the Department of Justice 

15 Youth Mentoring Grants Program. 

16 SEC. 8081. None of the funds appropriated or made 

17 available in this Act shall be used to reduce or disestablish 

18 the operation of the 53rd Weather Reconnaissance Squad19 ron of the Air Force Reserve, if such action would reduce 

20 the WC–130 Weather Reconnaissance mission below the 

21 levels funded in this Act: Provided, That the Air Force 

22 shall allow the 53rd Weather Reconnaissance Squadron to 

23 perform other missions in support of national defense re24 quirements during the non-hurricane season. 


emcdonald on DSK2BSOYB1PROD with BILLS
94 

•HR 1 IH

1 SEC. 8082. None of the funds provided in this Act 

2 shall be available for integration of foreign intelligence in3 formation unless the information has been lawfully col4 lected and processed during the conduct of authorized for5 eign intelligence activities: Provided, That information 

6 pertaining to United States persons shall only be handled 

7 in accordance with protections provided in the Fourth 

8 Amendment of the United States Constitution as imple9 mented through Executive Order No. 12333. 

10 SEC. 8083. (a) At the time members of reserve com11 ponents of the Armed Forces are called or ordered to ac12 tive duty under section 12302(a) of title 10, United States 

13 Code, each member shall be notified in writing of the ex14 pected period during which the member will be mobilized. 

15 (b) The Secretary of Defense may waive the require16 ments of subsection (a) in any case in which the Secretary 

17 determines that it is necessary to do so to respond to a 

18 national security emergency or to meet dire operational 

19 requirements of the Armed Forces. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8084. The Secretary of Defense may transfer 

22 funds from any available Department of the Navy appro23 priation to any available Navy ship construction appro24 priation for the purpose of liquidating necessary changes 

25 resulting from inflation, market fluctuations, or rate adVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
95 

•HR 1 IH

1 justments for any ship construction program appropriated 

2 in law: Provided, That the Secretary may transfer not to 

3 exceed $100,000,000 under the authority provided by this 

4 section: Provided further, That the Secretary may not 

5 transfer any funds until 30 days after the proposed trans6 fer has been reported to the Committees on Appropria7 tions of the House of Representatives and the Senate, un8 less a response from the Committees is received sooner: 

9 Provided further, That any funds transferred pursuant to 

10 this section shall retain the same period of availability as 

11 when originally appropriated: Provided further, That the 

12 transfer authority provided by this section is in addition 

13 to any other transfer authority contained elsewhere in this 

14 Act. 

15 SEC. 8085. For purposes of section 7108 of title 41, 

16 United States Code, any subdivision of appropriations 

17 made under the heading ‘‘Shipbuilding and Conversion, 

18 Navy’’ that is not closed at the time reimbursement is 

19 made shall be available to reimburse the Judgment Fund 

20 and shall be considered for the same purposes as any sub21 division under the heading ‘‘Shipbuilding and Conversion, 

22 Navy’’ appropriations in the current fiscal year or any 

23 prior fiscal year. 

24 SEC. 8086. (a) None of the funds appropriated by 

25 this Act may be used to transfer research and developVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
96 

•HR 1 IH

1 ment, acquisition, or other program authority relating to 

2 current tactical unmanned aerial vehicles (TUAVs) from 

3 the Army. 

4 (b) The Army shall retain responsibility for and oper5 ational control of the MQ–1C Sky Warrior Unmanned 

6 Aerial Vehicle (UAV) in order to support the Secretary 

7 of Defense in matters relating to the employment of un8 manned aerial vehicles. 

9 SEC. 8087. Of the funds provided in this Act, 

10 $7,080,000 shall be available for the operations and devel11 opment of training and technology for the Joint Inter12 agency Training and Education Center and the affiliated 

13 Center for National Response at the Memorial Tunnel and 

14 for providing homeland defense/security and traditional 

15 warfighting training to the Department of Defense, other 

16 Federal agencies, and State and local first responder per17 sonnel at the Joint Interagency Training and Education 

18 Center. 

19 SEC. 8088. Notwithstanding any other provision of 

20 law or regulation, during the current fiscal year and here21 after, the Secretary of Defense may adjust wage rates for 

22 civilian employees hired for certain health care occupa23 tions as authorized for the Secretary of Veterans Affairs 

24 by section 7455 of title 38, United States Code. 


emcdonald on DSK2BSOYB1PROD with BILLS
97 

•HR 1 IH

1 SEC. 8089. Up to $15,000,000 of the funds appro2 priated under the heading ‘‘Operation and Maintenance, 

3 Navy’’ may be made available for the Asia Pacific Re4 gional Initiative Program for the purpose of enabling the 

5 Pacific Command to execute Theater Security Cooperation 

6 activities such as humanitarian assistance, and payment 

7 of incremental and personnel costs of training and exer8 cising with foreign security forces: Provided, That funds 

9 made available for this purpose may be used, notwith10 standing any other funding authorities for humanitarian 

11 assistance, security assistance or combined exercise ex12 penses: Provided further, That funds may not be obligated 

13 to provide assistance to any foreign country that is other14 wise prohibited from receiving such type of assistance 

15 under any other provision of law. 

16 SEC. 8090. None of the funds appropriated by this 

17 Act for programs of the Office of the Director of National 

18 Intelligence shall remain available for obligation beyond 

19 the current fiscal year, except for funds appropriated for 

20 research and technology, which shall remain available until 

21 September 30, 2012. 

22 SEC. 8091. For purposes of section 1553(b) of title 

23 31, United States Code, any subdivision of appropriations 

24 made in this Act under the heading ‘‘Shipbuilding and 

25 Conversion, Navy’’ shall be considered to be for the same 


emcdonald on DSK2BSOYB1PROD with BILLS
98 

•HR 1 IH

1 purpose as any subdivision under the heading ‘‘Ship2 building and Conversion, Navy’’ appropriations in any 

3 prior fiscal year, and the 1 percent limitation shall apply 

4 to the total amount of the appropriation. 

5 SEC. 8092. Notwithstanding any other provision of 

6 law, not more than 35 percent of funds provided in this 

7 Act for environmental remediation may be obligated under 

8 indefinite delivery/indefinite quantity contracts with a 

9 total contract value of $130,000,000 or higher. 

10 SEC. 8093. The Director of National Intelligence 

11 shall include the budget exhibits identified in paragraphs 

12 (1) and (2) as described in the Department of Defense 

13 Financial Management Regulation with the congressional 

14 budget justification books. 

15 (1) For procurement programs requesting more 

16 than $20,000,000 in any fiscal year, the P–1, Pro17 curement Program; P–5, Cost Analysis; P–5a, Pro18 curement History and Planning; P–21, Production 

19 Schedule; and P–40, Budget Item Justification. 

20 (2) For research, development, test and evalua21 tion projects requesting more than $10,000,000 in 

22 any fiscal year, the R–1, RDT&E Program; R–2, 

23 RDT&E Budget Item Justification; R–3, RDT&E 

24 Project Cost Analysis; and R–4, RDT&E Program 

25 Schedule Profile. 


emcdonald on DSK2BSOYB1PROD with BILLS
99 

•HR 1 IH

1 SEC. 8094. The Secretary of Defense shall create a 

2 major force program category for space for each future3 years defense program of the Department of Defense sub4 mitted to Congress under section 221 of title 10, United 

5 States Code, during fiscal year 2011. The Secretary of De6 fense shall designate an official in the Office of the Sec7 retary of Defense to provide overall supervision of the 

8 preparation and justification of program recommendations 

9 and budget proposals to be included in such major force 

10 program category. 

11 SEC. 8095. (a) Not later than 60 days after enact12 ment of this Act, the Office of the Director of National 

13 Intelligence shall submit a report to the congressional in14 telligence committees to establish the baseline for applica15 tion of reprogramming and transfer authorities for fiscal 

16 year 2011: Provided, That the report shall include— 

17 (1) a table for each appropriation with a sepa18 rate column to display the President’s budget re19 quest, adjustments made by Congress, adjustments 

20 due to enacted rescissions, if appropriate, and the 

21 fiscal year enacted level; 

22 (2) a delineation in the table for each appro23 priation by Expenditure Center and project; and 

24 (3) an identification of items of special congres25 sional interest. 


emcdonald on DSK2BSOYB1PROD with BILLS
100 

•HR 1 IH

1 (b) None of the funds provided for the National Intel2 ligence Program in this Act shall be available for re3 programming or transfer until the report identified in sub4 section (a) is submitted to the congressional intelligence 

5 committees, unless the Director of National Intelligence 

6 certifies in writing to the congressional intelligence com7 mittees that such reprogramming or transfer is necessary 

8 as an emergency requirement. 

9 SEC. 8096. The Director of National Intelligence 

10 shall submit to Congress each year, at or about the time 

11 that the President’s budget is submitted to Congress that 

12 year under section 1105(a) of title 31, United States 

13 Code, a future-years intelligence program (including asso14 ciated annexes) reflecting the estimated expenditures and 

15 proposed appropriations included in that budget. Any such 

16 future-years intelligence program shall cover the fiscal 

17 year with respect to which the budget is submitted and 

18 at least the four succeeding fiscal years. 

19 SEC. 8097. For the purposes of this Act, the term 

20 ‘‘congressional intelligence committees’’ means the Perma21 nent Select Committee on Intelligence of the House of 

22 Representatives, the Select Committee on Intelligence of 

23 the Senate, the Subcommittee on Defense of the Com24 mittee on Appropriations of the House of Representatives, 


emcdonald on DSK2BSOYB1PROD with BILLS
101 

•HR 1 IH

1 and the Subcommittee on Defense of the Committee on 

2 Appropriations of the Senate. 

3 SEC. 8098. The Department of Defense shall con4 tinue to report incremental contingency operations costs 

5 for Operation New Dawn and Operation Enduring Free6 dom on a monthly basis in the Cost of War Execution 

7 Report as prescribed in the Department of Defense Finan8 cial Management Regulation Department of Defense In9 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

10 Operations’’, Annex 1, dated September 2005. 

11 SEC. 8099. The amounts appropriated in title II of 

12 this Act are hereby reduced by $1,983,000,000 to reflect 

13 excess cash balances in Department of Defense Working 

14 Capital Funds, as follows: (1) From ‘‘Operation and Main15 tenance, Army’’, $700,000,000; and (2) From ‘‘Operation 

16 and Maintenance, Defense-Wide’’, $1,283,000,000. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8100. During the current fiscal year, not to ex19 ceed $11,000,000 from each of the appropriations made 

20 in title II of this Act for ‘‘Operation and Maintenance, 

21 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper22 ation and Maintenance, Air Force’’ may be transferred by 

23 the military department concerned to its central fund es24 tablished for Fisher Houses and Suites pursuant to sec25 tion 2493(d) of title 10, United States Code. 


emcdonald on DSK2BSOYB1PROD with BILLS
102 

•HR 1 IH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8101. Of the funds appropriated in the Intel3 ligence Community Management Account for the Program 

4 Manager for the Information Sharing Environment, 

5 $24,000,000 is available for transfer by the Director of 

6 National Intelligence to other departments and agencies 

7 for purposes of Government-wide information sharing ac8 tivities: Provided, That funds transferred under this provi9 sion are to be merged with and available for the same pur10 poses and time period as the appropriation to which trans11 ferred: Provided further, That the Office of Management 

12 and Budget must approve any transfers made under this 

13 provision. 

14 SEC. 8102. Funds appropriated by this Act for oper15 ation and maintenance may be available for the purpose 

16 of making remittances to the Defense Acquisition Work17 force Development Fund in accordance with the require18 ments of section 1705 of title 10, United States Code. 

19 SEC. 8103. (a) Any agency receiving funds made 

20 available in this Act, shall, subject to subsections (b) and 

21 (c), post on the public website of that agency any report 

22 required to be submitted by the Congress in this or any 

23 other Act, upon the determination by the head of the agen24 cy that it shall serve the national interest. 

25 (b) Subsection (a) shall not apply to a report if— 


emcdonald on DSK2BSOYB1PROD with BILLS
103 

•HR 1 IH

1 (1) the public posting of the report com2 promises national security; or 

3 (2) the report contains proprietary information. 

4 (c) The head of the agency posting such report shall 

5 do so only after such report has been made available to 

6 the requesting Committee or Committees of Congress for 

7 no less than 45 days. 

8 SEC. 8104. (a) None of the funds appropriated or 

9 otherwise made available by this Act may be expended for 

10 any Federal contract for an amount in excess of 

11 $1,000,000 unless the contractor agrees not to: 

12 (1) enter into any agreement with any of its 

13 employees or independent contractors that requires, 

14 as a condition of employment, that the employee or 

15 independent contractor agree to resolve through ar16 bitration any claim under title VII of the Civil 

17 Rights Act of 1964 or any tort related to or arising 

18 out of sexual assault or harassment, including as19 sault and battery, intentional infliction of emotional 

20 distress, false imprisonment, or negligent hiring, su21 pervision, or retention; or 

22 (2) take any action to enforce any provision of 

23 an existing agreement with an employee or inde24 pendent contractor that mandates that the employee 

25 or independent contractor resolve through arbitraVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
104 

•HR 1 IH

1 tion any claim under title VII of the Civil Rights Act 

2 of 1964 or any tort related to or arising out of sex3 ual assault or harassment, including assault and 

4 battery, intentional infliction of emotional distress, 

5 false imprisonment, or negligent hiring, supervision, 

6 or retention. 

7 (b) None of the funds appropriated or otherwise 

8 made available by this Act may be expended for any Fed9 eral contract unless the contractor certifies that it requires 

10 each covered subcontractor to agree not to enter into, and 

11 not to take any action to enforce any provision of, any 

12 agreement as described in paragraphs (1) and (2) of sub13 section (a), with respect to any employee or independent 

14 contractor performing work related to such subcontract. 

15 For purposes of this subsection, a ‘‘covered subcon16 tractor’’ is an entity that has a subcontract in excess of 

17 $1,000,000 on a contract subject to subsection (a). 

18 (c) The prohibitions in this section do not apply with 

19 respect to a contractor’s or subcontractor’s agreements 

20 with employees or independent contractors that may not 

21 be enforced in a court of the United States. 

22 (d) The Secretary of Defense may waive the applica23 tion of subsection (a) or (b) to a particular contractor or 

24 subcontractor for the purposes of a particular contract or 

25 subcontract if the Secretary or the Deputy Secretary perVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
105 

•HR 1 IH

1 sonally determines that the waiver is necessary to avoid 

2 harm to national security interests of the United States, 

3 and that the term of the contract or subcontract is not 

4 longer than necessary to avoid such harm. The determina5 tion shall set forth with specificity the grounds for the 

6 waiver and for the contract or subcontract term selected, 

7 and shall state any alternatives considered in lieu of a 

8 waiver and the reasons each such alternative would not 

9 avoid harm to national security interests of the United 

10 States. The Secretary of Defense shall transmit to Con11 gress, and simultaneously make public, any determination 

12 under this subsection not less than 15 business days be13 fore the contract or subcontract addressed in the deter14 mination may be awarded. 

15 (e) By March 1, 2011, or within 60 days after enact16 ment of this Act, whichever is later, the Government Ac17 countability Office shall submit a report to the Congress 

18 evaluating the effect that the requirements of this section 

19 have had on national security, including recommendations, 

20 if any, for changes to these requirements. 

21 SEC. 8105. (a) PROHIBITION ON CONVERSION OF

22 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

23 CONTRACTOR PERFORMANCE.—None of the funds appro24 priated by this Act or otherwise available to the Depart25 ment of Defense may be used to begin or announce the 


emcdonald on DSK2BSOYB1PROD with BILLS
106 

•HR 1 IH

1 competition to award to a contractor or convert to per2 formance by a contractor any functions performed by Fed3 eral employees pursuant to a study conducted under Office 

4 of Management and Budget (OMB) Circular A–76. 

5 (b) EXCEPTION.—The prohibition in subsection (a) 

6 shall not apply to the award of a function to a contractor 

7 or the conversion of a function to performance by a con8 tractor pursuant to a study conducted under Office of 

9 Management and Budget (OMB) Circular A–76 once all 

10 reporting and certifications required by section 325 of the 

11 National Defense Authorization Act for Fiscal Year 2010 

12 (Public Law 111–84) have been satisfactorily completed. 

13 SEC. 8106. (a)(1) No National Intelligence Program 

14 funds appropriated in this Act may be used for a mission 

15 critical or mission essential business management infor16 mation technology system that is not registered with the 

17 Director of National Intelligence. A system shall be con18 sidered to be registered with that officer upon the fur19 nishing notice of the system, together with such informa20 tion concerning the system as the Director of the Business 

21 Transformation Office may prescribe. 

22 (2) During the current fiscal year no funds may be 

23 obligated or expended for a financial management auto24 mated information system, a mixed information system 

25 supporting financial and non-financial systems, or a busiVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
107 

•HR 1 IH

1 ness system improvement of more than $3,000,000, within 

2 the Intelligence Community without the approval of the 

3 Business Transformation Office, and the designated Intel4 ligence Community functional lead element. 

5 (b) The Director of the Business Transformation Of6 fice shall provide the congressional intelligence committees 

7 a semi-annual report of approvals under paragraph (1) no 

8 later than March 30 and September 30 of each year. The 

9 report shall include the results of the Business Trans10 formation Investment Review Board’s semi-annual activi11 ties, and each report shall certify that the following steps 

12 have been taken for systems approved under paragraph 

13 (1): 

14 (1) Business process reengineering. 

15 (2) An analysis of alternatives and an economic 

16 analysis that includes a calculation of the return on 

17 investment. 

18 (3) Assurance the system is compatible with the 

19 enterprise-wide business architecture. 

20 (4) Performance measures. 

21 (5) An information assurance strategy con22 sistent with the Chief Information Officer of the In23 telligence Community. 


emcdonald on DSK2BSOYB1PROD with BILLS
108 

•HR 1 IH

1 (c) This section shall not apply to any programmatic 

2 or analytic systems or programmatic or analytic system 

3 improvements. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8107. Of the funds appropriated in this Act for 

6 the Office of the Director of National Intelligence, 

7 $50,000,000, may be transferred to appropriations avail8 able to the Central Intelligence Agency, the National Secu9 rity Agency, and the National Geospatial Intelligence 

10 Agency, the Defense Intelligence Agency and the National 

11 Reconnaissance Office for the Business Transformation 

12 Transfer Funds, to be merged with and to be available 

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

14 appropriation to which transferred: Provided, That the 

15 transfer authority provided under this provision is in addi16 tion to any other transfer authority contained in this Act. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8108. In addition to funds made available else19 where in this Act, there is hereby appropriated 

20 $538,875,000, to remain available until transferred: Pro21 vided, That these funds are appropriated to the ‘‘Tanker 

22 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

23 elsewhere in this section): Provided further, That the Sec24 retary of the Air Force may transfer amounts in the Fund 

25 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 


emcdonald on DSK2BSOYB1PROD with BILLS
109 

•HR 1 IH

1 Procurement, Air Force’’, and ‘‘Research, Development, 

2 Test and Evaluation, Air Force’’, only for the purposes 

3 of proceeding with a tanker acquisition program: Provided 

4 further, That funds transferred shall be merged with and 

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

6 period as the appropriations or fund to which transferred: 

7 Provided further, That this transfer authority is in addi8 tion to any other transfer authority available to the De9 partment of Defense: Provided further, That the Secretary 

10 of the Air Force shall, not fewer than 15 days prior to 

11 making transfers using funds provided in this section, no12 tify the congressional defense committees in writing of the 

13 details of any such transfer: Provided further, That the 

14 Secretary shall submit a report no later than 30 days after 

15 the end of each fiscal quarter to the congressional defense 

16 committees summarizing the details of the transfer of 

17 funds from this appropriation. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8109. From within the funds appropriated for 

20 operation and maintenance for the Defense Health Pro21 gram in this Act, up to $132,200,000, shall be available 

22 for transfer to the Joint Department of Defense-Depart23 ment of Veterans Affairs Medical Facility Demonstration 

24 Fund in accordance with the provisions of section 1704 

25 of the National Defense Authorization Act for Fiscal Year 


emcdonald on DSK2BSOYB1PROD with BILLS
110 

•HR 1 IH

1 2010, Public Law 111–84: Provided, That for purposes 

2 of section 1704(b), the facility operations funded are oper3 ations of the integrated Captain James A. Lovell Federal 

4 Health Care Center, consisting of the North Chicago Vet5 erans Affairs Medical Center, the Navy Ambulatory Care 

6 Center, and supporting facilities designated as a combined 

7 Federal medical facility as described by section 706 of 

8 Public Law 110–417: Provided further, That additional 

9 funds may be transferred from funds appropriated for op10 eration and maintenance for the Defense Health Program 

11 to the Joint Department of Defense-Department of Vet12 erans Affairs Medical Facility Demonstration Fund upon 

13 written notification by the Secretary of Defense to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate. 

16 SEC. 8110. (a) Of the amounts made available in this 

17 Act under the heading ‘‘Operation and Maintenance, 

18 Navy’’, not less than $2,000,000, shall be made available 

19 for leveraging the Army’s Contractor Manpower Reporting 

20 Application, modified as appropriate for Service-specific 

21 requirements, for documenting the number of full-time 

22 contractor employees (or its equivalent) pursuant to 

23 United States Code title 10, section 2330a(c) and meeting 

24 the requirements of United States Code title 10, section 

25 2330a(e) and United States Code title 10, section 235. 


emcdonald on DSK2BSOYB1PROD with BILLS
111 

•HR 1 IH

1 (b) Of the amounts made available in this Act under 

2 the heading ‘‘Operation and Maintenance, Air Force’’, not 

3 less than $2,000,000 shall be made available for 

4 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 (c) The Secretaries of the Army, Navy, Air Force, 

12 and the Directors of the Defense Agencies and Field Ac13 tivities (in coordination with the appropriate Principal 

14 Staff Assistant), in coordination with the Under Secretary 

15 of Defense for Personnel and Readiness, shall report to 

16 the congressional defense committees within 60 days of 

17 enactment of this Act their plan for documenting the num18 ber of full-time contractor employees (or its equivalent), 

19 as required by United States Code title 10, section 2330a. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8111. In addition to amounts provided else22 where in this Act, there is appropriated $250,000,000, for 

23 an additional amount for ‘‘Operation and Maintenance, 

24 Defense-Wide’’, to be available until expended: Provided, 

25 That such funds shall only be available to the Secretary 


emcdonald on DSK2BSOYB1PROD with BILLS
112 

•HR 1 IH

1 of Defense, acting through the Office of Economic Adjust2 ment of the Department of Defense, or for transfer to the 

3 Secretary of Education, notwithstanding any other provi4 sion of law, to make grants, conclude cooperative agree5 ments, or supplement other Federal funds to construct, 

6 renovate, repair, or expand elementary and secondary pub7 lic schools on military installations in order to address ca8 pacity or facility condition deficiencies at such schools: 

9 Provided further, That in making such funds available, the 

10 Office of Economic Adjustment or the Secretary of Edu11 cation shall give priority consideration to those military 

12 installations with schools having the most serious capacity 

13 or facility condition deficiencies as determined by the Sec14 retary of Defense. 

15 SEC. 8112. In addition to amounts provided else16 where in this Act, there is appropriated $300,000,000, for 

17 an additional amount for ‘‘Operation and Maintenance, 

18 Defense-Wide’’, to remain available until expended. Such 

19 funds may be available for the Office of Economic Adjust20 ment, notwithstanding any other provision of law, for 

21 transportation infrastructure improvements associated 

22 with medical facilities related to recommendations of the 

23 Defense Base Closure and Realignment Commission. 

24 SEC. 8113. Section 310(b) of the Supplemental Ap25 propriations Act, 2009 (Public Law 111–32; 123 Stat. 


emcdonald on DSK2BSOYB1PROD with BILLS
113 

•HR 1 IH

1 1871) is amended by striking ‘‘1 year’’ both places it ap2 pears and inserting ‘‘2 years’’. 

3 SEC. 8114. The Office of the Director of National 

4 Intelligence shall not employ more Senior Executive em5 ployees than are specified in the classified annex: Pro6 vided, That not later than 90 days after enactment of this 

7 Act, the Director of National Intelligence shall certify that 

8 the Office of the Director of National Intelligence selects 

9 individuals for Senior Executive positions in a manner 

10 consistent with statutes, regulations, and the requirements 

11 of other Federal agencies in making such appointments 

12 and will submit its policies and procedures related to the 

13 appointment of personnel to Senior Executive positions to 

14 the congressional intelligence oversight committees. 

15 SEC. 8115. For all major defense acquisition pro16 grams for which the Department of Defense plans to pro17 ceed to source selection during the current fiscal year, the 

18 Secretary of Defense shall perform an assessment of the 

19 winning bidder to determine whether or not the proposed 

20 costs are realistic and reasonable with respect to proposed 

21 development and production costs. The Secretary of De22 fense shall provide a report of these assessments, to spe23 cifically include whether any cost assessments determined 

24 that such proposed costs were unreasonable or unrealistic, 

25 to the congressional defense committees not later than 60 


emcdonald on DSK2BSOYB1PROD with BILLS
114 

•HR 1 IH

1 days after enactment of this Act and on a quarterly basis 

2 thereafter. 

3 SEC. 8116. (a) The Deputy Under Secretary of De4 fense for Installations and Environment, in collaboration 

5 with the Secretary of Energy, shall conduct energy secu6 rity pilot projects at facilities of the Department of De7 fense. 

8 (b) In addition to the amounts provided elsewhere in 

9 this Act, $20,000,000, is appropriated to the Department 

10 of Defense for ‘‘Operation and Maintenance, Defense11 Wide’’ for energy security pilot projects under subsection 

12 (a). 

13 SEC. 8117. None of the funds appropriated or other14 wise made available by this Act may be obligated or ex15 pended to pay a retired general or flag officer to serve 

16 as a senior mentor advising the Department of Defense 

17 unless such retired officer files a Standard Form 278 (or 

18 successor form concerning public financial disclosure 

19 under part 2634 of title 5, Code of Federal Regulations) 

20 to the Office of Government Ethics. 

21 SEC. 8118. Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary of Defense, 

23 the Chief of the Air Force Reserve, and the Director of 

24 the National Guard Bureau, in collaboration with the Sec25 retary of Agriculture and the Secretary of the Interior, 


emcdonald on DSK2BSOYB1PROD with BILLS
115 

•HR 1 IH

1 shall submit to the Committees on Appropriations of the 

2 House and Senate, the House Committee on Agriculture, 

3 the Senate Committee on Agriculture, Nutrition and For4 estry, the House Committee on Natural Resources, and 

5 the Senate Committee on Energy and Natural Resources 

6 a report of firefighting aviation assets. The report re7 quired under this section shall include each of the fol8 lowing: 

9 (1) A description of the programming details 

10 necessary to obtain an appropriate mix of fixed wing 

11 and rotor wing firefighting assets needed to produce 

12 an effective aviation resource base to support the 

13 wildland fire management program into the future. 

14 Such programming details shall include the acquisi15 tion and contracting needs of the mix of aviation re16 sources fleet, including the acquisition of up to 24 

17 C–130Js equipped with the Mobile Airborne Fire 

18 Fighting System II (in this section referred to as 

19 ‘‘MAFFS’’), to be acquired over several fiscal years 

20 starting in fiscal year 2012. 

21 (2) The costs associated with acquisition and 

22 contracting of the aviation assets described in para23 graph (1). 

24 (3) A description of the costs of the operation, 

25 maintenance, and sustainment of a fixed and rotor 


emcdonald on DSK2BSOYB1PROD with BILLS
116 

•HR 1 IH

1 wing aviation fleet, including a C–130J/MAFFS II 

2 in an Air National Guard tactical airlift unit con3 struct of 4, 6, or 8 C–130Js per unit starting in fis4 cal year 2012, projected out through fiscal year 

5 2020. Such description shall include the projected 

6 costs associated with each of the following through 

7 fiscal year 2020: 

8 (A) Crew ratio based on 4, 6, or 8 C–130J 

9 Air National Guard unit construct and require10 ment for full-time equivalent crews. 

11 (B) Associated maintenance and other sup12 port personnel and requirement for full-time 

13 equivalent positions. 

14 (C) Yearly flying hour model and the cost 

15 for use of a fixed and rotor wing aviation fleet, 

16 including C–130J in its MAFFS capacity sup17 porting the United States Forest Service. 

18 (D) Yearly flying hour model and cost for 

19 use of a C–130J in its capacity supporting Air 

20 National Guard tactical airlift training. 

21 (E) Any other costs required to conduct 

22 both the airlift and firefighting missions, in23 cluding the Air National Guard unit construct 

24 for C–130Js. 


emcdonald on DSK2BSOYB1PROD with BILLS
117 

•HR 1 IH

1 (4) Proposed program management, utilization, 

2 and cost share arrangements for the aircraft de3 scribed in paragraph (1) for primary support of the 

4 Forest Service and secondary support, on an as 

5 available basis, for the Department of Defense, to6 gether with any proposed statutory language needed 

7 to authorize and effectuate the same. 

8 (5) An integrated plan for the Forest Service 

9 and the Department of the Interior wildland fire 

10 management programs to operate the fire fighting 

11 air tanker assets referred to in this section. 

12 SEC. 8119. The explanatory statement regarding this 

13 Act, printed in the House of Representatives section of 

14 the Congressional Record on or about February 16, 2011, 

15 by the Chairman of the Committee on Appropriations of 

16 the House, shall have the same effect with respect to the 

17 allocation of funds and implementation of this Act as if 

18 it were a Report of the Committee on Appropriations. 

19 TITLE IX 

20 OVERSEAS CONTINGENCY OPERATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $11,468,033,000: Provided, That each amount in 

25 this paragraph is designated as being for contingency opVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
118 

•HR 1 IH

1 erations directly related to the global war on terrorism 

2 pursuant 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 MILITARY PERSONNEL, NAVY

7 For an additional amount for ‘‘Military Personnel, 

8 Navy’’, $1,308,719,000: Provided, That each amount in 

9 this paragraph is designated as being for contingency op10 erations directly related to the global war on terrorism 

11 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

12 and as an emergency requirement pursuant to section 

13 403(a) of S. Con. Res. 13 (111th Congress), the concur14 rent resolution on the budget for fiscal year 2010. 

15 MILITARY PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Military Personnel, 

17 Marine Corps’’, $732,920,000: Provided, That each 

18 amount in this paragraph is designated as being for con19 tingency operations directly related to the global war on 

20 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

21 Congress) and as an emergency requirement pursuant to 

22 section 403(a) of S. Con. Res. 13 (111th Congress), the 

23 concurrent resolution on the budget for fiscal year 2010. 


emcdonald on DSK2BSOYB1PROD with BILLS
119 

•HR 1 IH

1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $2,060,442,000: Provided, That each amount 

4 in this paragraph is designated as being for contingency 

5 operations 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 RESERVE PERSONNEL, ARMY

11 For an additional amount for ‘‘Reserve Personnel, 

12 Army’’, $268,031,000: 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 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $48,912,000: 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 


emcdonald on DSK2BSOYB1PROD with BILLS
120 

•HR 1 IH

1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 RESERVE PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Reserve Personnel, 

5 Marine Corps’’, $45,437,000: Provided, That each amount 

6 in this paragraph is designated as being for contingency 

7 operations directly related to the global war on terrorism 

8 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

9 and as an emergency requirement pursuant to section 

10 403(a) of S. Con. Res. 13 (111th Congress), the concur11 rent resolution on the budget for fiscal year 2010. 

12 RESERVE PERSONNEL, AIR FORCE

13 For an additional amount for ‘‘Reserve Personnel, 

14 Air Force’’, $27,002,000: 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 NATIONAL GUARD PERSONNEL, ARMY

22 For an additional amount for ‘‘National Guard Per23 sonnel, Army’’, $853,022,000: Provided, That each 

24 amount in this paragraph is designated as being for con25 tingency operations directly related to the global war on 


emcdonald on DSK2BSOYB1PROD with BILLS
121 

•HR 1 IH

1 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

2 Congress) and as an emergency requirement pursuant to 

3 section 403(a) of S. Con. Res. 13 (111th Congress), the 

4 concurrent resolution on the budget for fiscal year 2010. 

5 NATIONAL GUARD PERSONNEL, AIR FORCE

6 For an additional amount for ‘‘National Guard Per7 sonnel, Air Force’’, $16,860,000: 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 OPERATION AND MAINTENANCE 

15 OPERATION AND MAINTENANCE, ARMY

16 For an additional amount for ‘‘Operation and Main17 tenance, Army’’, $59,212,782,000: Provided, That each 

18 amount in this paragraph is designated as being for con19 tingency operations directly related to the global war on 

20 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

21 Congress) and as an emergency requirement pursuant to 

22 section 403(a) of S. Con. Res. 13 (111th Congress), the 

23 concurrent resolution on the budget for fiscal year 2010. 


emcdonald on DSK2BSOYB1PROD with BILLS
122 

•HR 1 IH

1 OPERATION AND MAINTENANCE, NAVY

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy’’, $8,970,724,000: Provided, That each 

4 amount in this paragraph is designated as being for con5 tingency operations directly related to the global war on 

6 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

7 Congress) and as an emergency requirement pursuant to 

8 section 403(a) of S. Con. Res. 13 (111th Congress), the 

9 concurrent resolution on the budget for fiscal year 2010. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For an additional amount for ‘‘Operation and Main12 tenance, Marine Corps’’, $4,008,022,000: Provided, That 

13 each amount in this paragraph is designated as being for 

14 contingency operations directly related to the global war 

15 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

16 (112th Congress) and as an emergency requirement pur17 suant to section 403(a) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal 

19 year 2010. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Main22 tenance, Air Force’’, $12,989,643,000: Provided, That 

23 each amount in this paragraph is designated as being for 

24 contingency operations directly related to the global war 

25 on terrorism pursuant to section 3(c)(2) of H. Res. 5 


emcdonald on DSK2BSOYB1PROD with BILLS
123 

•HR 1 IH

1 (112th Congress) and as an emergency requirement pur2 suant to section 403(a) of S. Con. Res. 13 (111th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $9,276,990,000: Provided, That 

8 each amount in this section 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 Provided further, That of the funds provided under this 

15 heading: 

16 (1) Not to exceed $12,500,000 for the Combat17 ant Commander Initiative Fund, to be used in sup18 port of Operation New Dawn and Operation Endur19 ing Freedom; and 

20 (2) Not to exceed $1,600,000,000, to remain 

21 available until expended, for payments to reimburse 

22 key cooperating nations for logistical, military, and 

23 other support, including access provided to United 

24 States military operations in support of Operation 

25 New Dawn and Operation Enduring Freedom, notVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
124 

•HR 1 IH

1 withstanding any other provision of law: Provided, 

2 That such reimbursement payments may be made in 

3 such amounts as the Secretary of Defense, with the 

4 concurrence of the Secretary of State, and in con5 sultation with the Director of the Office of Manage6 ment and Budget, may determine, in his discretion, 

7 based on documentation determined by the Secretary 

8 of Defense to adequately account for the support 

9 provided, and such determination is final and con10 clusive upon the accounting officers of the United 

11 States, and 15 days following notification to the ap12 propriate congressional committees: Provided further, 

13 That the requirement to provide notification shall 

14 not apply with respect to a reimbursement for access 

15 based on an international agreement: Provided fur16 ther, That these funds may be used for the purpose 

17 of providing specialized training and procuring sup18 plies and specialized equipment and providing such 

19 supplies and loaning such equipment on a non-reim20 bursable basis to coalition forces supporting United 

21 States military operations in Iraq and Afghanistan, 

22 and 15 days following notification to the appropriate 

23 congressional committees: Provided further, That the 

24 Secretary of Defense shall provide quarterly reports 


emcdonald on DSK2BSOYB1PROD with BILLS
125 

•HR 1 IH

1 to the congressional defense committees on the use 

2 of funds provided in this paragraph. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $206,784,000: 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 OPERATION AND MAINTENANCE, NAVY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy Reserve’’, $93,559,000: Provided, That 

16 each amount in this paragraph is designated as being for 

17 contingency operations directly related to the global war 

18 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

19 (112th Congress) and as an emergency requirement pur20 suant to section 403(a) of S. Con. Res. 13 (111th Con21 gress), the concurrent resolution on the budget for fiscal 

22 year 2010. 


emcdonald on DSK2BSOYB1PROD with BILLS
126 

•HR 1 IH

1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $29,685,000: Provided, 

5 That each amount in this paragraph is designated as 

6 being for contingency operations directly related to the 

7 global war on terrorism pursuant to section 3(c)(2) of H. 

8 Res. 5 (112th Congress) and as an emergency requirement 

9 pursuant to section 403(a) of S. Con. Res. 13 (111th Con10 gress), the concurrent resolution on the budget for fiscal 

11 year 2010. 

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force Reserve’’, $203,807,000: 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, ARMY NATIONAL

23 GUARD

24 For an additional amount for ‘‘Operation and Main25 tenance, Army National Guard’’, $497,849,000: Provided, 


emcdonald on DSK2BSOYB1PROD with BILLS
127 

•HR 1 IH

1 That each amount in this paragraph is designated as 

2 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 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

9 For an additional amount for ‘‘Operation and Main10 tenance, Air National Guard’’, $417,983,000: 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 AFGHANISTAN INFRASTRUCTURE FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 There is hereby established in the Treasury of the 

21 United States the ‘‘Afghanistan Infrastructure Fund’’. 

22 For the ‘‘Afghanistan Infrastructure Fund’’, 

23 $400,000,000, to remain available until September 30, 

24 2012: Provided, That such sums shall be available for in25 frastructure projects in Afghanistan, notwithstanding any 


emcdonald on DSK2BSOYB1PROD with BILLS
128 

•HR 1 IH

1 other provision of law, which shall be undertaken by the 

2 Secretary of State, unless the Secretary of State and the 

3 Secretary of Defense jointly decide that a specific project 

4 will be undertaken by the Department of Defense: Pro5 vided further, That the infrastructure referred to in the 

6 preceding proviso is in support of the counterinsurgency 

7 strategy, requiring funding for facility and infrastructure 

8 projects, including, but not limited to, water, power, and 

9 transportation projects and related maintenance and 

10 sustainment costs: Provided further, That the authority to 

11 undertake such infrastructure projects is in addition to 

12 any other authority to provide assistance to foreign na13 tions: Provided further, That any projects funded by this 

14 appropriation shall be jointly formulated and concurred in 

15 by the Secretary of State and Secretary of Defense: Pro16 vided further, That funds may be transferred to the De17 partment of State for purposes of undertaking projects, 

18 which funds shall be considered to be economic assistance 

19 under the Foreign Assistance Act of 1961 for purposes 

20 of making available the administrative authorities con21 tained in that Act: Provided further, That the transfer au22 thority in the preceding proviso is in addition to any other 

23 authority available to the Department of Defense to trans24 fer funds: Provided further, That any unexpended funds 

25 transferred to the Secretary of State under this authority 


emcdonald on DSK2BSOYB1PROD with BILLS
129 

•HR 1 IH

1 shall be returned to the Afghanistan Infrastructure Fund 

2 if the Secretary of State, in coordination with the Sec3 retary of Defense, determines that the project cannot be 

4 implemented for any reason, or that the project no longer 

5 supports the counterinsurgency strategy in Afghanistan: 

6 Provided further, That any funds returned to the Sec7 retary of Defense under the previous proviso shall be avail8 able for use under this appropriation and shall be treated 

9 in the same manner as funds not transferred to the Sec10 retary of State: Provided further, That contributions of 

11 funds for the purposes provided herein to the Secretary 

12 of State in accordance with section 635(d) of the Foreign 

13 Assistance Act from any person, foreign government, or 

14 international organization may be credited to this Fund, 

15 to remain available until expended, and used for such pur16 poses: Provided further, That the Secretary of Defense 

17 shall, not fewer than 15 days prior to making transfers 

18 to or from, or obligations from the Fund, notify the appro19 priate committees of Congress in writing of the details of 

20 any such transfer: Provided further, That the ‘‘appropriate 

21 committees of Congress’’ are the Committees on Armed 

22 Services, Foreign Relations and Appropriations of the 

23 Senate and the Committees on Armed Services, Foreign 

24 Affairs and Appropriations of the House of Representa25 tives: Provided further, That each amount in this paraVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
130 

•HR 1 IH

1 graph is designated as being for contingency operations 

2 directly related to the global war on terrorism pursuant 

3 to section 3(c)(2) of H. Res. 5 (112th Congress) and as 

4 an emergency requirement pursuant to section 403(a) of 

5 S. Con. Res. 13 (111th Congress), the concurrent resolu6 tion on the budget for fiscal year 2010. 

7 AFGHANISTAN SECURITY FORCES FUND

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $11,619,283,000, 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, Com13 bined Security Transition Command—Afghanistan, or the 

14 Secretary’s designee, to provide assistance, with the con15 currence of the Secretary of State, to the security forces 

16 of Afghanistan, including the provision of equipment, sup17 plies, services, training, facility and infrastructure repair, 

18 renovation, and construction, and funding: Provided fur19 ther, That the authority to provide assistance under this 

20 heading is in addition to any other authority to provide 

21 assistance to foreign nations: Provided further, That up 

22 to $15,000,000 of these funds may be available for coali23 tion police trainer life support costs: Provided further, 

24 That contributions of funds for the purposes provided 

25 herein from any person, foreign government, or interVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
131 

•HR 1 IH

1 national organization may be credited to this Fund and 

2 used for such purposes: Provided further, That the Sec3 retary of Defense shall notify the congressional defense 

4 committees in writing upon the receipt and upon the obli5 gation of any contribution, delineating the sources and 

6 amounts of the funds received and the specific use of such 

7 contributions: Provided further, That the Secretary of De8 fense shall, not fewer than 15 days prior to obligating 

9 from this appropriation account, notify the congressional 

10 defense committees in writing of the details of any such 

11 obligation: Provided further, That the Secretary of Defense 

12 shall notify the congressional defense committees of any 

13 proposed new projects or transfer of funds between budget 

14 sub-activity groups in excess of $20,000,000: Provided fur15 ther, That each amount in this paragraph is designated 

16 as 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 IRAQ SECURITY FORCES FUND

23 For the ‘‘Iraq Security Forces Fund’’, 

24 $1,500,000,000, to remain available until September 30, 

25 2012: Provided, That such funds shall be available to the 


emcdonald on DSK2BSOYB1PROD with BILLS
132 

•HR 1 IH

1 Secretary of Defense, notwithstanding any other provision 

2 of law, for the purpose of allowing the Commander, United 

3 States Forces-Iraq, or the Secretary’s designee, to provide 

4 assistance, with the concurrence of the Secretary of State, 

5 to the security forces of Iraq, including the provision of 

6 equipment, supplies, services, training, facility and infra7 structure repair, and renovation: Provided further, That 

8 the authority to provide assistance under this heading is 

9 in addition to any other authority to provide assistance 

10 to foreign nations: Provided further, That contributions of 

11 funds for the purposes provided herein from any person, 

12 foreign government, or international organization may be 

13 credited to this Fund and used for such purposes: Pro14 vided further, That the Secretary shall notify the congres15 sional defense committees in writing upon the receipt and 

16 upon the obligation of any contribution, delineating the 

17 sources and amounts of the funds received and the specific 

18 use of such contributions: Provided further, That the Sec19 retary of Defense shall, not fewer than 15 days prior to 

20 obligating from this appropriation account, notify the con21 gressional defense committees in writing of the details of 

22 any such obligation: Provided further, That the Secretary 

23 of Defense shall notify the congressional defense commit24 tees of any proposed new projects or transfer of funds be25 tween budget sub-activity groups in excess of 


emcdonald on DSK2BSOYB1PROD with BILLS
133 

•HR 1 IH

1 $20,000,000: Provided further, 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 

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) 


emcdonald on DSK2BSOYB1PROD with BILLS
134 

•HR 1 IH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
135 

•HR 1 IH

1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $6,423,832,000, 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’’, $1,269,549,000, 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 

25 paragraph is designated as being for contingency operVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
136 

•HR 1 IH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
137 

•HR 1 IH

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, 

25 Air Force’’, $56,621,000, to remain available until SepVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
138 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
139 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
140 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
141 

•HR 1 IH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
142 

•HR 1 IH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
143 

•HR 1 IH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
144 

•HR 1 IH

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 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
145 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
146 

•HR 1 IH

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 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
147 

•HR 1 IH

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 arVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
148 

•HR 1 IH

1 mored 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 


emcdonald on DSK2BSOYB1PROD with BILLS
149 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
150 

•HR 1 IH

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
151 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
152 

•HR 1 IH

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, 


emcdonald on DSK2BSOYB1PROD with BILLS
153 

•HR 1 IH

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 


emcdonald on DSK2BSOYB1PROD with BILLS
154 

•HR 1 IH

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— 


emcdonald on DSK2BSOYB1PROD with BILLS
155 

•HR 1 IH

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 This division may be cited as the ‘‘Department of De22 fense Appropriations Act, 2011’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
156 

•HR 1 IH

1 DIVISION B—FULL-YEAR CONTINUING 

2 APPROPRIATIONS FOR FISCAL YEAR 2011 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2011, and for other purposes, namely: 

9 TITLE I—GENERAL PROVISIONS 

10 SEC. 1101. (a) Such amounts as may be necessary, 

11 at the level specified in subsection (c) and under the au12 thority and conditions provided in applicable appropria13 tions Acts for fiscal year 2010, for projects or activities 

14 (including the costs of direct loans and loan guarantees) 

15 that are not otherwise specifically provided for, and for 

16 which appropriations, funds, or other authority were made 

17 available in the following appropriations Acts: 

18 (1) The Agriculture, Rural Development, Food 

19 and Drug Administration, and Related Agencies Ap20 propriations Act, 2010 (Public Law 111–80). 

21 (2) The Energy and Water Development and 

22 Related Agencies Appropriations Act, 2010 (Public 

23 Law 111–85). 

24 (3) The Department of Homeland Security Ap25 propriations Act, 2010 (Public Law 111–83). 


emcdonald on DSK2BSOYB1PROD with BILLS
157 

•HR 1 IH

1 (4) The Department of the Interior, Environ2 ment, and Related Agencies Appropriations Act, 

3 2010 (division A of Public Law 111–88). 

4 (5) The Legislative Branch Appropriations Act, 

5 2010 (division A of Public Law 111–68). 

6 (6) The Consolidated Appropriations Act, 2010 

7 (Public Law 111–117). 

8 (7) Section 102(c) (except the last proviso re9 lating to waiver of fees) of chapter 1 of title I of the 

10 Supplemental Appropriations Act, 2010 (Public Law 

11 111–212) that addresses guaranteed loans in the 

12 rural housing insurance fund. 

13 (8) The appropriation under the heading ‘‘De14 partment of Commerce—United States Patent and 

15 Trademark Office’’ in the United States Patent and 

16 Trademark Office Supplemental Appropriations Act, 

17 2010 (Public Law 111–224). 

18 (b) For purposes of this division, the term ‘‘level’’ 

19 means an amount. 

20 (c) The level referred to in subsection (a) shall be 

21 the amounts appropriated in the appropriations Acts re22 ferred to in such subsection, including transfers and obli23 gation limitations, except that— 

24 (1) such level shall not include any amount pre25 viously designated as an emergency requirement and 


emcdonald on DSK2BSOYB1PROD with BILLS
158 

•HR 1 IH

1 necessary to meet emergency needs pursuant to sec2 tions 403(a) and 423(b) of S. Con. Res. 13 (111th 

3 Congress), the concurrent resolution on the budget 

4 for fiscal year 2010; and 

5 (2) such level shall be calculated without regard 

6 to any rescission or cancellation of funds or contract 

7 authority. 

8 SEC. 1102. Appropriations made by section 1101 

9 shall be available to the extent and in the manner that 

10 would be provided by the pertinent appropriations Act. 

11 SEC. 1103. Appropriations provided by this division 

12 that, in the applicable appropriations Act for fiscal year 

13 2010, carried a multiple-year or no-year period of avail14 ability shall retain a comparable period of availability. 

15 SEC. 1104. Except as otherwise expressly provided in 

16 this division, the requirements, authorities, conditions, 

17 limitations, and other provisions of the appropriations 

18 Acts referred to in section 1101(a) shall continue in effect 

19 through the date specified in section 1106. 

20 SEC. 1105. No appropriation or funds made available 

21 or authority granted pursuant to section 1101 shall be 

22 used to initiate or resume any project or activity for which 

23 appropriations, funds, or other authority were specifically 

24 prohibited during fiscal year 2010. 


emcdonald on DSK2BSOYB1PROD with BILLS
159 

•HR 1 IH

1 SEC. 1106. Unless otherwise provided for in this divi2 sion or in the applicable appropriations Act, appropria3 tions and funds made available and authority granted pur4 suant to this division shall be available through September 

5 30, 2011. 

6 SEC. 1107. Expenditures made pursuant to the Con7 tinuing Appropriations Act, 2011 (Public Law 111–242), 

8 shall be charged to the applicable appropriation, fund, or 

9 authorization provided by this division. 

10 SEC. 1108. Funds appropriated by this division may 

11 be obligated and expended notwithstanding section 10 of 

12 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

13 State Department Basic Authorities Act of 1956 (22 

14 U.S.C. 2680), section 313 of the Foreign Relations Au15 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

16 6212), and section 504(a)(1) of the National Security Act 

17 of 1947 (50 U.S.C. 414(a)(1)). 

18 SEC. 1109. (a) For entitlements and other mandatory 

19 payments whose budget authority was provided in appro20 priations Acts for fiscal year 2010, and for activities under 

21 the Food and Nutrition Act of 2008, the levels established 

22 by section 1101 shall be the amounts necessary to main23 tain program levels under current law and under the au24 thority and conditions provided in the applicable appro25 priations Acts for fiscal year 2010. 


emcdonald on DSK2BSOYB1PROD with BILLS
160 

•HR 1 IH

1 (b) In addition to the amounts otherwise provided by 

2 section 1101, the following amounts shall be available for 

3 the following accounts for advance payments for the first 

4 quarter of fiscal year 2012: 

5 (1) ‘‘Department of Labor, Employment Stand6 ards Administration, Special Benefits for Disabled 

7 Coal Miners’’, for benefit payments under title IV of 

8 the Federal Mine Safety and Health Act of 1977, 

9 $41,000,000, to remain available until expended. 

10 (2) ‘‘Department of Health and Human Serv11 ices, Centers for Medicare and Medicaid Services, 

12 Grants to States for Medicaid’’, for payments to 

13 States or in the case of section 1928 on behalf of 

14 States under title XIX of the Social Security Act, 

15 $86,445,289,000, to remain available until ex16 pended. 

17 (3) ‘‘Department of Health and Human Serv18 ices, Administration for Children and Families, Pay19 ments to States for Child Support Enforcement and 

20 Family Support Programs’’, for payments to States 

21 or other non-Federal entities under titles I, IV–D, 

22 X, XI, XIV, and XVI of the Social Security Act and 

23 the Act of July 5, 1960 (24 U.S.C. ch. 9), 

24 $1,200,000,000, to remain available until expended. 


emcdonald on DSK2BSOYB1PROD with BILLS
161 

•HR 1 IH

1 (4) ‘‘Department of Health and Human Serv2 ices, Administration for Children and Families, Pay3 ments to States for Foster Care and Permanency’’, 

4 for payments to States or other non-Federal entities 

5 under title IV–E of the Social Security Act, 

6 $1,850,000,000. 

7 (5) ‘‘Social Security Administration, Supple8 mental Security Income Program’’, for benefit pay9 ments under title XVI of the Social Security Act, 

10 $13,400,000,000, to remain available until ex11 pended. 

12 SEC. 1110. Amounts incorporated by reference in this 

13 division that were previously designated as available for 

14 overseas deployments and other activities pursuant to S. 

15 Con. Res. 13 (111th Congress), the concurrent resolution 

16 on the budget for fiscal year 2010, are designated as being 

17 for contingency operations directly related to the global 

18 war on terrorism pursuant to section 3(c)(2) of H. Res. 

19 5 (112th Congress) and as an emergency requirement pur20 suant to section 403(a) of S. Con. Res. 13 (111th Con21 gress). 

22 SEC. 1111. Any language specifying an earmark in 

23 an appropriations Act for fiscal year 2010, or in a com24 mittee report or joint explanatory statement accom25 panying such an Act, shall have no legal effect with reVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
162 

•HR 1 IH

1 spect to funds appropriated by this division. For purposes 

2 of this section, the term ‘‘earmark’’ means a congressional 

3 earmark or congressionally directed spending item, as de4 fined in clause 9(e) of rule XXI of the Rules of the House 

5 of Representatives and paragraph 5(a) of rule XLIV of 

6 the Standing Rules of the Senate. 

7 SEC. 1112. Notwithstanding section 1101, none of 

8 the funds appropriated or otherwise made available in this 

9 division or any other Act (including division A of this Act) 

10 may be used to transfer, release, or assist in the transfer 

11 or release to or within the United States, its territories, 

12 or possessions Khalid Sheikh Mohammed or any other de13 tainee who— 

14 (1) is not a United States citizen or a member 

15 of the Armed Forces of the United States; and 

16 (2) is or was held on or after June 24, 2009, 

17 at the United States Naval Station, Guantanamo 

18 Bay, Cuba, by the Department of Defense. 

19 SEC. 1113. (a)(1) Notwithstanding section 1101, ex20 cept as provided in paragraph (2), none of the funds ap21 propriated or otherwise made available in this division or 

22 any other Act (including division A of this Act) may be 

23 used to transfer any individual detained at Guantanamo 

24 to the custody or effective control of the individual’s coun25 try of origin, any other foreign country, or any other forVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
163 

•HR 1 IH

1 eign entity unless the Secretary of Defense submits to 

2 Congress the certification described in subsection (b) by 

3 not later than 30 days before the transfer of the indi4 vidual. 

5 (2) Paragraph (1) shall not apply to any action taken 

6 by the Secretary of Defense to transfer any individual de7 tained at Guantanamo to effectuate an order affecting the 

8 disposition of the individual that is issued by a court or 

9 competent tribunal of the United States having lawful ju10 risdiction. The Secretary of Defense shall notify Congress 

11 promptly upon issuance of any such order. 

12 (b) The certification described in this subsection is 

13 a written certification made by the Secretary of Defense, 

14 with the concurrence of the Secretary of State, that the 

15 government of the foreign country or the recognized lead16 ership of the foreign entity to which the individual de17 tained at Guantanamo is to be transferred— 

18 (1) is not a designated state sponsor of ter19 rorism or a designated foreign terrorist organization; 

20 (2) maintains effective control over each deten21 tion facility in which an individual is to be detained 

22 if the individual is to be housed in a detention facil23 ity; 


emcdonald on DSK2BSOYB1PROD with BILLS
164 

•HR 1 IH

1 (3) is not, as of the date of the certification, 

2 facing a threat that is likely to substantially affect 

3 its ability to exercise control over the individual; 

4 (4) has agreed to take effective steps to ensure 

5 that the individual cannot take action to threaten 

6 the United States, its citizens, or its allies in the fu7 ture; 

8 (5) has taken such steps as the Secretary deter9 mines are necessary to ensure that the individual 

10 cannot engage or re-engage in any terrorist activity; 

11 and 

12 (6) has agreed to share any information with 

13 the United States that— 

14 (A) is related to the individual or any asso15 ciates of the individual; and 

16 (B) could affect the security of the United 

17 States, its citizens, or its allies. 

18 (c)(1) Except as provided in paragraph (3), none of 

19 the funds appropriated or otherwise made available in this 

20 division or any other Act (including division A of this Act) 

21 may be used to transfer any individual detained at Guan22 tanamo to the custody or effective control of the individ23 ual’s country of origin, any other foreign country, or any 

24 other foreign entity if there is a confirmed case of any 

25 individual who was detained at United States Naval StaVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
165 

•HR 1 IH

1 tion, Guantanamo Bay, Cuba, at any time after September 

2 11, 2001, who was transferred to the foreign country or 

3 entity and subsequently engaged in any terrorist activity. 

4 (2) The Secretary of Defense may waive the prohibi5 tion in paragraph (1) if the Secretary determines that 

6 such a transfer is in the national security interests of the 

7 United States and includes, as part of the certification de8 scribed in subsection (b) relating to such transfer, the de9 termination of the Secretary under this paragraph. 

10 (3) Paragraph (1) shall not apply to any action taken 

11 by the Secretary to transfer any individual detained at 

12 Guantanamo to effectuate an order affecting the disposi13 tion of the individual that is issued by a court or com14 petent tribunal of the United States having lawful jurisdic15 tion. The Secretary shall notify Congress promptly upon 

16 issuance of any such order. 

17 (d) For the purposes of this section: 

18 (1) The term ‘‘individual detained at Guanta19 namo’’ means any individual who is located at 

20 United States Naval Station, Guantanamo Bay, 

21 Cuba, as of October 1, 2009, who— 

22 (A) is not a citizen of the United States or 

23 a member of the Armed Forces of the United 

24 States; and 

25 (B) is— 


emcdonald on DSK2BSOYB1PROD with BILLS
166 

•HR 1 IH

1 (i) in the custody or under the effec2 tive control of the Department of Defense; 

3 or 

4 (ii) otherwise under detention at 

5 United States Naval Station, Guantanamo 

6 Bay, Cuba. 

7 (2) The term ‘‘foreign terrorist organization’’ 

8 means any organization so designated by the Sec9 retary of State under section 219 of the Immigra10 tion and Nationality Act (8 U.S.C. 1189). 

11 SEC. 1114. (a) Notwithstanding section 1101, none 

12 of the funds appropriated or otherwise made available by 

13 this division or any other Act (including division A of this 

14 Act) may be used to construct or modify any facility in 

15 the United States, its territories, or possessions to house 

16 any individual described in subsection (c) for the purposes 

17 of detention or imprisonment in the custody or under the 

18 effective control of the Department of Defense. 

19 (b) The prohibition in subsection (a) shall not apply 

20 to any modification of facilities at United States Naval 

21 Station, Guantanamo Bay, Cuba. 

22 (c) An individual described in this subsection is any 

23 individual who, as of June 24, 2009, is located at United 

24 States Naval Station, Guantanamo Bay, Cuba, and who— 


emcdonald on DSK2BSOYB1PROD with BILLS
167 

•HR 1 IH

1 (1) is not a citizen of the United States or a 

2 member of the Armed Forces of the United States; 

3 and 

4 (2) is— 

5 (A) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (B) otherwise under detention at United 

8 States Naval Station, Guantanamo Bay, Cuba. 

9 SEC. 1115. None of the funds appropriated or other10 wise made available by this division or any other Act (in11 cluding division A of this Act) may be obligated by any 

12 covered executive agency in contravention of the certifi13 cation requirement of section 6(b) of the Iran Sanctions 

14 Act of 1996, as included in the revisions to the Federal 

15 Acquisition Regulation pursuant to such section. 

16 SEC. 1116. Section 550(b) of Public Law 109–295, 

17 as amended by section 550 of Public Law 111–83, shall 

18 be applied by substituting the date specified in section 

19 1106 of this division for ‘‘October 4, 2010’’. 

20 SEC. 1117. Section 1(b)(2) of the Passport Act of 

21 June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 

22 substituting the date specified in section 1106 of this divi23 sion for ‘‘September 30, 2010’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
168 

•HR 1 IH

1 SEC. 1118. (a) Section 1115(d) of Public Law 111– 

2 32 shall be applied by substituting the date specified in 

3 section 1106 of this division for ‘‘October 1, 2010’’. 

4 (b) Section 824(g) of the Foreign Service Act of 1980 

5 (22 U.S.C. 4064(g)) shall be applied by substituting the 

6 date specified in section 1106 of this division for ‘‘October 

7 1, 2010’’ in paragraph (2). 

8 (c) Section 61(a) of the State Department Basic Au9 thorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied 

10 by substituting the date specified in section 1106 of this 

11 division for ‘‘October 1, 2010’’ in paragraph (2). 

12 (d) Section 625(j)(1) of the Foreign Assistance Act 

13 of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by sub14 stituting the date specified in section 1106 of this division 

15 for ‘‘October 1, 2010’’ in subparagraph (B). 

16 SEC. 1119. The authority provided by section 1334 

17 of the Foreign Affairs Reform and Restructuring Act of 

18 1998 (22 U.S.C. 6553) shall remain in effect through the 

19 date specified in section 1106 of this division. 

20 SEC. 1120. The provisions of title II of the McKin21 ney-Vento Homeless Assistance Act (42 U.S.C. 11311 et 

22 seq.) shall continue in effect, notwithstanding section 209 

23 of such Act, through the earlier of: (1) the date specified 

24 in section 1106 of this division; or (2) the date of the enVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
169 

•HR 1 IH

1 actment into law of an authorization Act relating to the 

2 McKinney-Vento Homeless Assistance Act. 

3 TITLE II—AGRICULTURE, RURAL DEVELOP4 MENT, FOOD AND DRUG ADMINISTRATION, 

5 AND RELATED AGENCIES 

6 SEC. 1201. Notwithstanding section 1101, the level 

7 for ‘‘Agricultural Programs, Office of the Secretary’’ shall 

8 be $5,061,000. 

9 SEC. 1202. Notwithstanding section 1101, the level 

10 for ‘‘Agricultural Programs, Office of Tribal Relations’’ 

11 shall be $0. 

12 SEC. 1203. Notwithstanding section 1101, the level 

13 for ‘‘Agricultural Programs, Executive Operations, Office 

14 of Chief Economist’’ shall be $10,032,000. 

15 SEC. 1204. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Executive Operations, Na17 tional Appeals Division’’ shall be $14,711,000. 

18 SEC. 1205. Notwithstanding section 1101, the level 

19 for ‘‘Agricultural Programs, Executive Operations, Office 

20 of Budget and Program Analysis’’ shall be $9,054,000. 

21 SEC. 1206. Notwithstanding section 1101, the level 

22 for ‘‘Agricultural Programs, Office of Advocacy and Out23 reach’’ shall be $0. 


emcdonald on DSK2BSOYB1PROD with BILLS
170 

•HR 1 IH

1 SEC. 1207. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Office of the Chief Informa3 tion Officer’’ shall be $17,000,000. 

4 SEC. 1208. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of the Chief Financial 

6 Officer’’ shall be $5,954,000. 

7 SEC. 1209. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of Civil Rights’’ shall 

9 be $21,551,000. 

10 SEC. 1210. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Agriculture Buildings and 

12 Facilities and Rental Payments’’ shall be $259,751,000, 

13 of which $178,470,000 shall be available for payments to 

14 the General Services Administration for rent and of which 

15 $37,781,000 shall be for buildings operations and mainte16 nance expenses. 

17 SEC. 1211. Notwithstanding section 1101, the level 

18 for ‘‘Agricultural Programs, Hazardous Materials Man19 agement’’ shall be $0. 

20 SEC. 1212. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Departmental Administra22 tion’’ shall be $30,706,000. 

23 SEC. 1213. Notwithstanding section 1101, the level 

24 for ‘‘Agricultural Programs, Office of the Assistant Sec25 retary for Congressional Relations’’ shall be $3,877,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
171 

•HR 1 IH

1 SEC. 1214. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Office of Communications’’ 

3 shall be $9,514,000. 

4 SEC. 1215. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of the Inspector Gen6 eral’’ shall be $80,000,000. 

7 SEC. 1216. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of the General Coun9 sel’’ shall be $39,620,000. 

10 SEC. 1217. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Economic Research Service’’ 

12 shall be $79,500,000. 

13 SEC. 1218. Notwithstanding section 1101, the level 

14 for ‘‘Agricultural Programs, National Agricultural Statis15 tics Service’’ shall be $151,565,000: Provided, That the 

16 amounts included under such heading in Public Law 111– 

17 80 shall be applied to funds appropriated by this division 

18 by substituting ‘‘$33,494,000’’ for ‘‘$37,908,000’’. 

19 SEC. 1219. Notwithstanding section 1101, the level 

20 for ‘‘Agricultural Programs, Agricultural Research Serv21 ice, Salaries and Expenses’’ shall be $1,065,406,000. 

22 SEC. 1220. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, Agricultural Research Serv24 ice, Buildings and Facilities’’ shall be $0. 


emcdonald on DSK2BSOYB1PROD with BILLS
172 

•HR 1 IH

1 SEC. 1221. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, National Institute of Food 

3 and Agriculture, Research and Education Activities’’ shall 

4 be $647,993,000: Provided, That the amounts included 

5 under such heading in Public Law 111–80 shall be applied 

6 to funds appropriated by this division as follows: by sub7 stituting ‘‘$221,763,000’’ for ‘‘$215,000,000’’; by sub8 stituting ‘‘$34,816,000’’ for ‘‘$29,000,000’’; by sub9 stituting ‘‘$51,000,000’’ for ‘‘$48,500,000’’; by sub10 stituting ‘‘$227,801,000’’ for ‘‘$216,482,000’’; by sub11 stituting ‘‘$0’’ for ‘‘$89,029,000’’; by substituting 

12 ‘‘$20,500,000’’ for ‘‘$18,250,000’’; and by substituting 

13 ‘‘$11,253,000’’ for ‘‘$45,122,000’’. 

14 SEC. 1222. Notwithstanding section 1101, the level 

15 for ‘‘Agricultural Programs, National Institute of Food 

16 and Agriculture, Extension Activities’’ shall be 

17 $453,265,000: Provided, That the amounts included under 

18 such heading in Public Law 111–80 shall be applied to 

19 funds appropriated by this division as follows: by sub20 stituting ‘‘$267,673,000’’ for ‘‘$297,500,000’’ and by sub21 stituting ‘‘$8,565,000’’ for ‘‘$20,396,000’’. 

22 SEC. 1223. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, National Institute of Food 

24 and Agriculture, Integrated Activities’’ shall be 

25 $24,874,000: Provided, That the amounts included under 


emcdonald on DSK2BSOYB1PROD with BILLS
173 

•HR 1 IH

1 such heading in Public Law 111–80 shall be applied to 

2 funds appropriated by this division as follows: by sub3 stituting ‘‘$15,044,000’’ for ‘‘$45,148,000’’; by sub4 stituting ‘‘$10,948,000’’ for ‘‘$12,649,000’’; by sub5 stituting ‘‘$0’’ for ‘‘$14,596,000’’; by substituting ‘‘$0’’ 

6 for ‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; 

7 by substituting ‘‘$0’’ for ‘‘$3,054,000’’; by substituting 

8 ‘‘$0’’ for ‘‘$5,000,000’’; by substituting ‘‘$0’’ for 

9 ‘‘$3,000,000’’; by substituting ‘‘$0’’ for ‘‘$732,000’’; and 

10 by substituting ‘‘$0’’ for ‘‘$1,312,000’’. 

11 SEC. 1224. Notwithstanding section 1101, the level 

12 for ‘‘Agricultural Programs, Animal and Plant Health In13 spection Service, Salaries and Expenses’’ shall be 

14 $829,953,000: Provided, That the amounts included under 

15 such heading in Public Law 111–80 shall be applied to 

16 funds appropriated by this division by substituting 

17 ‘‘$45,219,000’’ for ‘‘$60,243,000’’. 

18 SEC. 1225. Notwithstanding section 1101, the level 

19 for ‘‘Agricultural Programs, Agricultural Marketing Serv20 ice, Marketing Services’’ shall be $81,711,000. 

21 SEC. 1226. Notwithstanding section 1101, the level 

22 for ‘‘Agricultural Programs, Agricultural Marketing Serv23 ice, Limitation on Administrative Expenses’’ shall be 

24 $60,947,000 (from fees collected). 


emcdonald on DSK2BSOYB1PROD with BILLS
174 

•HR 1 IH

1 SEC. 1227. The amounts included under the heading 

2 ‘‘Agricultural Programs, Agricultural Marketing Service, 

3 Funds for Strengthening Markets, Income, and Supply 

4 (Section 32)’’ in Public Law 111–80 shall be applied to 

5 funds appropriated by this division by substituting ‘‘$0’’ 

6 for ‘‘$10,000,000’’. 

7 SEC. 1228. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Grain Inspection, Packers 

9 and Stockyards Administration, Salaries and Expenses’’ 

10 shall be $40,342,000. 

11 SEC. 1229. Notwithstanding section 1101, the level 

12 for ‘‘Agricultural Programs, Grain Inspection, Packers 

13 and Stockyards Administration, Limitation on Inspection 

14 and Weighing Services Expenses’’, $45,041,000. 

15 SEC. 1230. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Food Safety and Inspection 

17 Service’’ shall be $930,120,000. 

18 SEC. 1231. Notwithstanding section 1101, the level 

19 for ‘‘Agricultural Programs, Farm Service Agency, Sala20 ries and Expenses’’ shall be $1,063,558,000. 

21 SEC. 1232. Notwithstanding section 1101, the level 

22 for ‘‘Agricultural Programs, Farm Service Agency, Grass23 roots Source Water Protection Program’’ shall be 

24 $4,630,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
175 

•HR 1 IH

1 SEC. 1233. The amounts included under the heading 

2 ‘‘Agricultural Programs, Farm Service Agency, Agricul3 tural Credit Insurance Fund Program Account’’ in Public 

4 Law 111–80 shall be applied to funds appropriated by this 

5 division as follows: by substituting ‘‘$1,975,000,000’’ for 

6 ‘‘$2,150,000,000’’; by substituting ‘‘$475,000,000’’ for 

7 ‘‘$650,000,000’’; by substituting ‘‘$2,544,035,000’’ for 

8 ‘‘$2,670,000,000’’, by substituting ‘‘$900,000,000’’ for 

9 ‘‘$1,000,000,000’’; by substituting ‘‘$144,035,000’’ for 

10 ‘‘$170,000,000’’; by substituting ‘‘$0’’ for ‘‘$3,940,000’’; 

11 by substituting ‘‘$110,602,000’’ for ‘‘$150,000,000’’; by 

12 substituting ‘‘$0’’ for ‘‘$75,000,000’’ the first and second 

13 place it appears; by substituting ‘‘$0’’ for ‘‘$10,000,000’’; 

14 by substituting ‘‘$38,570,000’’ for ‘‘$32,070,000’’; by 

15 substituting ‘‘$32,870,000’’ for ‘‘$26,520,000’’; by sub16 stituting ‘‘$109,410,000’’ for ‘‘$106,402,000’’; by sub17 stituting ‘‘$34,950,000’’ for ‘‘$35,100,000’’; by sub18 stituting ‘‘$19,920,000’’ for ‘‘$23,902,000’’; by sub19 stituting ‘‘$54,540,000’’ for ‘‘$47,400,000’’; by sub20 stituting ‘‘$0’’ for ‘‘$1,065,000’’; by substituting ‘‘$0’’ for 

21 ‘‘$278,000’’; by substituting ‘‘$0’’ for ‘‘$793,000’’; by 

22 substituting ‘‘$318,508,000’’ for ‘‘$321,093,000’’, and by 

23 substituting ‘‘$305,588,000’’ for ‘‘$313,173,000’’. Funds 

24 appropriated by this division to such heading for farm 

25 ownership, operating and conservation direct loans, and 


emcdonald on DSK2BSOYB1PROD with BILLS
176 

•HR 1 IH

1 guaranteed loans may be transferred among these pro2 grams: Provided, That the Secretary of Agriculture shall 

3 notify the Committees on Appropriations of the House of 

4 Representatives and the Senate at least 15 days in ad5 vance of any transfer. 

6 SEC. 1234. Notwithstanding section 1101, the level 

7 for ‘‘Agricultural Programs, Risk Management Agency’’ 

8 shall be $77,177,000. 

9 SEC. 1235. Notwithstanding section 1101, the level 

10 for ‘‘Conservation Programs, Natural Resources Con11 servation Service, Conservation Operations’’ shall be 

12 $836,000,000. 

13 SEC. 1236. Notwithstanding section 1101, the level 

14 for ‘‘Conservation Programs, Natural Resources Con15 servation Service, Watershed and Flood Prevention Oper16 ations’’ shall be $0. 

17 SEC. 1237. Notwithstanding section 1101, the level 

18 for ‘‘Conservation Programs, Natural Resources Con19 servation Service, Watershed Rehabilitation Program’’ 

20 shall be $20,000,000. 

21 SEC. 1238. Notwithstanding section 1101, the level 

22 for ‘‘Conservation Programs, Natural Resources Con23 servation Service, Resource Conservation and Develop24 ment’’ shall be $0. 


emcdonald on DSK2BSOYB1PROD with BILLS
177 

•HR 1 IH

1 SEC. 1239. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Development 

3 Salaries and Expenses’’ shall be $181,987,000. 

4 SEC. 1240. The amounts included under the heading 

5 ‘‘Rural Development Programs, Rural Housing Service, 

6 Rural Housing Insurance Fund Program Account’’ in 

7 Public Law 111–80 for gross obligations for the principal 

8 amount of direct and guaranteed loans as authorized by 

9 title V of the Housing Act of 1949 shall be applied to 

10 funds appropriated by this division by substituting 

11 ‘‘$34,004,000’’ for ‘‘$34,412,000’’ and by substituting, 

12 ‘‘$5,052,000’’ for ‘‘$5,045,000’’. 

13 SEC. 1241. Notwithstanding section 1101, the level 

14 for ‘‘Rural Development Programs, Rural Housing Serv15 ice, Rural Housing Insurance Fund Program Account’’ for 

16 the cost of direct and guaranteed loans, including the cost 

17 of modifying loans, authorized by section 502 of the Hous18 ing Act of 1949 shall be $70,200,000: Provided, That the 

19 amounts included for such costs under such heading in 

20 Public Law 111–80 shall be applied to funds appropriated 

21 by this division by substituting ‘‘$70,200,000’’ for 

22 ‘‘$40,710,000’’ in the case of direct loans and by sub23 stituting ‘‘$0’’ for ‘‘$172,800,000’’ in the case of unsub24 sidized guaranteed loans. 


emcdonald on DSK2BSOYB1PROD with BILLS
178 

•HR 1 IH

1 SEC. 1242. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Housing Serv3 ice, Rural Housing Insurance Fund Program Account’’ for 

4 the cost of housing repair loans authorized by section 504 

5 of the Housing Act of 1949 shall be $6,437,000. 

6 SEC. 1243. Notwithstanding section 1101, the level 

7 for ‘‘Rural Development Programs, Rural Housing Serv8 ice, Rural Housing Insurance Fund Program Account’’ for 

9 the cost of repair, rehabilitation, and new construction of 

10 rental housing authorized by section 515 of the Housing 

11 Act of 1949 shall be $23,446,000. 

12 SEC. 1244. 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 multi-family housing guaranteed loans author16 ized by section 538 of the Housing Act of 1949 shall be 

17 $12,513,000. 

18 SEC. 1245. In addition to amounts otherwise appro19 priated or made available by this division, there is appro20 priated to the Secretary of Agriculture $288,000 for sec21 tion 523 self-help housing land development loans author22 ized by section 523 of the Housing Act of 1949 and 

23 $294,000 for site development loans authorized by section 

24 524 of such Act. 


emcdonald on DSK2BSOYB1PROD with BILLS
179 

•HR 1 IH

1 SEC. 1246. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Housing Serv3 ice, Rural Housing Insurance Fund Program Account’’ for 

4 administrative expenses necessary to carry out the direct 

5 and guaranteed loan programs shall be $454,383,000. 

6 SEC. 1247. Notwithstanding section 1101, the level 

7 for ‘‘Rural Development Programs, Rural Housing Serv8 ice, Rental Assistance Program’’ shall be $955,635,000: 

9 Provided, That the amounts included under such heading 

10 in Public Law 111–80 shall be applied to funds appro11 priated by this division by substituting ‘‘$0’’ for 

12 ‘‘$5,958,000’’; by substituting ‘‘$0’’ for ‘‘$50,000’’; and 

13 by substituting ‘‘$3,000,000’’ for ‘‘$3,400,000’’. 

14 SEC. 1248. Notwithstanding section 1101, the level 

15 for ‘‘Rural Development Programs, Rural Housing Serv16 ice, Multi-Family Housing Revitalization Program Ac17 count’’ shall be $16,400,000: Provided, That only the 

18 first, second, and fourth provisos under such heading in 

19 Public Law 111–80, relating to rural housing vouchers to 

20 low-income households, shall apply to funds appropriated 

21 by this division and the third, fifth, and subsequent pro22 visos under such heading shall not apply to funds appro23 priated by this division. 

24 SEC. 1249. Notwithstanding section 1101, the level 

25 for ‘‘Rural Development Programs, Rural Housing ServVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
180 

•HR 1 IH

1 ice, Mutual and Self-Help Housing Grants’’ shall be 

2 $37,000,000. 

3 SEC. 1250. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development Programs, Rural Housing Serv5 ice, Rural Housing Assistance Grants’’ shall be 

6 $40,400,000. 

7 SEC. 1251. Notwithstanding section 1101, the level 

8 for ‘‘Rural Development Programs, Rural Housing Serv9 ice, Rural Community Facilities Program Account’’ shall 

10 be $32,450,000: Provided, That the amounts included 

11 under such heading in Public Law 111–80 shall be applied 

12 to funds appropriated by this division as follows: by sub13 stituting, ‘‘$0’’ for ‘‘$6,256,000’’; by substituting ‘‘$0’’ for 

14 ‘‘$13,902,000’’; and by substituting, ‘‘$0’’ for 

15 ‘‘$3,972,000’’. 

16 SEC. 1252. Notwithstanding section 1101, the level 

17 for ‘‘Rural Development Programs, Rural Business–Coop18 erative Service, Rural Business Program Account’’ shall 

19 be $84,505,000: Provided, That the amounts included 

20 under such heading in Public Law 111–80 shall be applied 

21 to funds appropriated by this division as follows: by sub22 stituting, ‘‘$0’’ for ‘‘$500,000’’; and by substituting, ‘‘$0’’ 

23 for ‘‘$250,000’’. 

24 SEC. 1253. Notwithstanding section 1101, the level 

25 for ‘‘Rural Development Programs, Rural Business–CoopVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
181 

•HR 1 IH

1 erative Service, Rural Development Loan Fund Program 

2 Account’’ for the principal amount of direct loans as au3 thorized by Rural Development Loan Fund shall be 

4 $21,936,000. 

5 SEC. 1254. Notwithstanding section 1101, in connec6 tion with the ‘‘Rural Development Programs, Rural Busi7 ness–Cooperative Service, Rural Economic Development 

8 Loans Program Account’’, of the funds derived from inter9 est on the cushion of credit payments, as authorized by 

10 section 313 of the Rural Electrification Act of 1936, 

11 $207,000,000 shall not be obligated and $207,000,000 is 

12 rescinded. 

13 SEC. 1255. Notwithstanding section 1101, the level 

14 for ‘‘Rural Development Programs, Rural Business–Coop15 erative Service, Rural Cooperative Development Grants’’ 

16 shall be $30,254,000: Provided, That the amounts in17 cluded under such heading in Public Law 111–80 shall 

18 be applied to funds appropriated by this division as fol19 lows: by substituting ‘‘$0’’ for ‘‘$300,000’’; by sub20 stituting ‘‘$0’’ for ‘‘$2,800,000’’; and by substituting 

21 ‘‘$18,867,000’’ for ‘‘$20,367,000’’. 

22 SEC. 1256. Notwithstanding section 1101, the level 

23 for ‘‘Rural Development Programs, Rural Business–Coop24 erative Service, Rural Microenterprise Investment Pro25 gram Account’’ shall be $3,350,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
182 

•HR 1 IH

1 SEC. 1257. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Business–Coop3 erative Service, Rural Energy for America Program’’ shall 

4 be $25,010,000. 

5 SEC. 1258. Notwithstanding section 1101, the level 

6 for ‘‘Rural Development Programs, Rural Utilities Serv7 ice, Rural Water and Waste Disposal Program Account’’ 

8 shall be $405,564,000: Provided, That the amounts in9 cluded under such heading in Public Law 111–80 shall 

10 be applied to funds appropriated by this division as fol11 lows: by substituting, ‘‘$60,000,000’’ for ‘‘$70,00,000’’; 

12 by substituting ‘‘$5,000,000’’ for ‘‘$6,000,000’’; and by 

13 substituting, ‘‘$0’’ for ‘‘$17,500,000’’. 

14 SEC. 1259. Notwithstanding section 1101, the level 

15 for ‘‘Rural Development Programs, Rural Utilities Serv16 ice, Rural Electrification and Telecommunications Loans 

17 Program Account’’ for administrative expenses necessary 

18 to carry out the direct and guaranteed loan programs shall 

19 be $38,374,000. 

20 SEC. 1260. Notwithstanding section 1101, the level 

21 for ‘‘Rural Development Programs, Rural Utilities Serv22 ice, Distance Learning, Telemedicine, and Broadband 

23 Program’’ shall be $30,000,000: Provided, That the 

24 amounts included under such heading in Public Law 111– 

25 80 shall be applied to funds appropriated by this division 


emcdonald on DSK2BSOYB1PROD with BILLS
183 

•HR 1 IH

1 as follows: by substituting, ‘‘$0’’ for ‘‘$4,500,000’’; by 

2 substituting, ‘‘$0’’ for ‘‘$28,960,000’’; and by sub3 stituting, ‘‘$13,406,000’’ for ‘‘$17,976,000’’. 

4 SEC. 1261. The amounts included under the heading 

5 ‘‘Domestic Food Programs, Food and Nutrition Service, 

6 Child Nutrition Programs’’ in Public Law 111–80 shall 

7 be applied to funds appropriated by this division by sub8 stituting ‘‘$0’’ for ‘‘$1,000,000’’ and by substituting ‘‘$0’’ 

9 for ‘‘$5,000,000’’. 

10 SEC. 1262. Notwithstanding section 1101, the level 

11 for ‘‘Domestic Food Programs, Food and Nutrition Serv12 ice, Special Supplemental Nutrition Program for Women, 

13 Infants, and Children (WIC)’’ shall be $6,504,781,000. 

14 SEC. 1263. Notwithstanding section 1101, the level 

15 for ‘‘Domestic Food Programs, Food and Nutrition Serv16 ice, Commodity Assistance Program’’, shall be 

17 $241,979,000, of which $151,409,000 shall be for the 

18 Commodity Supplemental Food Program: Provided, That 

19 the amounts included under such heading in Public Law 

20 111–80 shall be applied to funds appropriated by this divi21 sion by substituting ‘‘$0’’ for ‘‘$6,000,000’’. 

22 SEC. 1264. Notwithstanding section 1101, the level 

23 for ‘‘Domestic Food Programs, Food and Nutrition Serv24 ice, Nutrition Programs Administration’’ shall be 

25 $144,801,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
184 

•HR 1 IH

1 SEC. 1265. Notwithstanding section 1101, the level 

2 for ‘‘Foreign Assistance and Related Programs, Foreign 

3 Agricultural Service, Salaries and Expenses’’ shall be 

4 $165,436,000. 

5 SEC. 1266. Notwithstanding section 1101, the level 

6 for ‘‘Foreign Assistance and Related Programs, Foreign 

7 Agricultural Service, Food for Peace Title II Grants’’ shall 

8 be $1,003,000,000. 

9 SEC. 1267. Notwithstanding section 1101, the level 

10 for ‘‘Foreign Assistance and Related Programs, Foreign 

11 Agricultural Service, McGovern-Dole International Food 

12 for Education and Child Nutrition Program Grants’’ shall 

13 be $100,000,000. 

14 SEC. 1268. Notwithstanding section 1101, the level 

15 for ‘‘Related Agencies and Food and Drug Administra16 tion, Food and Drug Administration, Salaries and Ex17 penses’’ shall be $3,307,418,000: Provided, That of the 

18 amount provided under this heading, $667,057,000 shall 

19 be derived from prescription drug user fees authorized by 

20 section 736 of the Federal Food, Drug, and Cosmetic Act 

21 (21 U.S.C. 379h), shall be credited to this account and 

22 remain available until expended, and shall not include any 

23 fees pursuant to paragraphs (2) and (3) of section 736(a) 

24 of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed 

25 for fiscal year 2012 but collected in fiscal year 2011; 


emcdonald on DSK2BSOYB1PROD with BILLS
185 

•HR 1 IH

1 $61,860,000 shall be derived from medical device user fees 

2 authorized by section 738 of such Act (21 U.S.C. 379j), 

3 and shall be credited to this account and remain available 

4 until expended; $19,448,000 shall be derived from animal 

5 drug user fees authorized by section 740 of such Act (21 

6 U.S.C. 379j–12), and shall be credited to this account and 

7 remain available until expended; $5,397,000 shall be de8 rived from animal generic drug user fees authorized by 

9 section 741 of such Act (21 U.S.C. 379j–21), and shall 

10 be credited to this account and shall remain available until 

11 expended; and $450,000,000 shall be derived from tobacco 

12 product user fees authorized by section 919 of such Act 

13 (21 U.S.C. 387s) and shall be credited to this account and 

14 remain available until expended: Provided further, That in 

15 addition and notwithstanding any other provision under 

16 this heading, amounts collected for prescription drug user 

17 fees that exceed the fiscal year 2011 limitation are appro18 priated and shall be credited to this account and remain 

19 available until expended: Provided further, That fees de20 rived from prescription drug, medical device, animal drug, 

21 animal generic drug, and tobacco product assessments for 

22 fiscal year 2011 received during fiscal year 2011, includ23 ing any such fees assessed prior to fiscal year 2011 but 

24 credited for fiscal year 2011, shall be subject to the fiscal 

25 year 2011 limitations: Provided further, That none of 


emcdonald on DSK2BSOYB1PROD with BILLS
186 

•HR 1 IH

1 these funds shall be used to develop, establish, or operate 

2 any program of user fees authorized by 31 U.S.C. 9701: 

3 Provided further, That of the total amount appropriated 

4 under this heading: (1) $727,220,000 shall be for the Cen5 ter for Food Safety and Applied Nutrition and related 

6 field activities in the Office of Regulatory Affairs; (2) 

7 $895,460,000 shall be for the Center for Drug Evaluation 

8 and Research and related field activities in the Office of 

9 Regulatory Affairs; (3) $296,937,000 shall be for the Cen10 ter for Biologics Evaluation and Research and for related 

11 field activities in the Office of Regulatory Affairs; (4) 

12 $145,103,000 shall be for the Center for Veterinary Medi13 cine and for related field activities in the Office of Regu14 latory Affairs; (5) $318,768,000 shall be for the Center 

15 for Devices and Radiological Health and for related field 

16 activities in the Office of Regulatory Affairs; (6) 

17 $35,052,000 shall be for the National Center for Toxi18 cological Research; (7) $421,463,000 shall be for the Cen19 ter for Tobacco Products and for related field activities 

20 in the Office of Regulatory Affairs; (8) not to exceed 

21 $100,482,000 shall be for Rent and Related activities, of 

22 which $22,683,000 is for White Oak Consolidation, other 

23 than the amounts paid to the General Services Adminis24 tration for rent; (9) not to exceed $182,661,000 shall be 

25 for payments to the General Services Administration for 


emcdonald on DSK2BSOYB1PROD with BILLS
187 

•HR 1 IH

1 rent; and (10) $184,272,000 shall be for other activities, 

2 including the Office of the Commissioner of Food and 

3 Drugs; the Office of Foods; the Office of the Chief Sci4 entist; the Office of Policy, Planning and Budget; the Of5 fice of International Programs; the Office of Administra6 tion; and central services for these offices: Provided fur7 ther, That none of the funds made available under this 

8 heading shall be used to transfer funds under section 

9 770(n) of the Federal Food, Drug, and Cosmetic Act (21 

10 U.S.C. 379dd): Provided further, That not to exceed 

11 $25,000 of the amount provided under this heading shall 

12 be for official reception and representation expenses, not 

13 otherwise provided for, as determined by the Commis14 sioner: Provided further, That funds may be transferred 

15 from one specified activity to another with the prior ap16 proval of the Committees on Appropriations of both 

17 Houses of Congress. 

18 SEC. 1269. Notwithstanding section 1101, the level 

19 for ‘‘Related Agencies and Food and Drug Administra20 tion, Independent Agencies, Commodity Futures Trading 

21 Commission’’ shall be $112,000,000, to remain available 

22 until September 30, 2012: Provided, That the proviso 

23 under such heading in Public Law 111–80 shall not apply 

24 to funds appropriated by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
188 

•HR 1 IH

1 SEC. 1270. Notwithstanding any other provision of 

2 this division, the following set-asides included in Public 

3 Law 111–80 for ‘‘Congressionally Designated Projects’’ in 

4 the following accounts for the corresponding amounts shall 

5 not apply to funds appropriated by this division: 

6 (1) ‘‘Agricultural Programs, Agricultural Re7 search Service, Salaries and Expenses’’, 

8 $44,138,000. 

9 (2) ‘‘Agricultural Programs, National Institute 

10 of Food and Agriculture, Research and Education 

11 Activities’’, $120,054,000. 

12 (3) ‘‘Agricultural Programs, National Institute 

13 of Food and Agriculture, Extension Activities’’, 

14 $11,831,000. 

15 (4) ‘‘Agricultural Programs, Animal and Plant 

16 Health Inspection Service, Salaries and Expenses’’, 

17 $24,410,000. 

18 (5) ‘‘Conservation Programs, Natural Re19 sources Conservation Service, Conservation Oper20 ations’’, $37,382,000. 

21 SEC. 1271. Notwithstanding any other provision of 

22 this division, the following provisions included in Public 

23 Law 111–80 shall not apply to funds appropriated by this 

24 division: 


emcdonald on DSK2BSOYB1PROD with BILLS
189 

•HR 1 IH

1 (1) The first proviso under the heading ‘‘Agri2 cultural Programs, Agriculture Buildings and Facili3 ties and Rental Payments’’. 

4 (2) The second proviso under the heading 

5 ‘‘Conservation Programs, Natural Resources Con6 servation Service, Conservation Operations’’. 

7 (3) The second proviso under the heading 

8 ‘‘Rural Development Programs, Rural Utilities Serv9 ice, Rural Water and Waste Disposal Account’’. 

10 (4) The first proviso under the heading ‘‘Do11 mestic Food Programs, Food and Nutrition Service, 

12 Commodity Assistance Program’’. 

13 (5) The first proviso under the heading ‘‘For14 eign Assistance and Related Programs, Foreign Ag15 ricultural Service, McGovern-Dole International 

16 Food for Education and Child Nutrition Program 

17 Grants’’. 

18 SEC. 1272. Sections 718, 723, 727, 728, 738, 739, 

19 and 741 of Public Law 111–80 shall be applied to funds 

20 appropriated by this division by substituting $0 for the 

21 dollar amounts included in those sections. 

22 SEC. 1273. Sections 715, 716, 721(2), 721(3), 724, 

23 725, 726, 729, 730, 734, 735, 743, 745, and 748 of Public 

24 Law 111–80 shall not apply for fiscal year 2011. 


emcdonald on DSK2BSOYB1PROD with BILLS
190 

•HR 1 IH

1 SEC. 1274. Sections 737, 740, 747, and 749 of Public 

2 Law 111–80 authorized or required certain actions that 

3 have been performed before the date of the enactment of 

4 this division and need not reoccur. 

5 SEC. 1275. Appropriations to the Department of Ag6 riculture made available in fiscal year 2005 to carry out 

7 section 601 of the Rural Electrification Act of 1936 (7 

8 U.S.C. 950bb) for the cost of direct loans shall remain 

9 available until expended to disburse valid obligations made 

10 in fiscal years 2005 and 2006. 

11 SEC. 1276. In the case of each program established 

12 or amended by the Food, Conservation, and Energy Act 

13 of 2008 (Public Law 110–246), other than by title I or 

14 subtitle A of title III of such Act, or programs for which 

15 indefinite amounts were provided in that Act that is au16 thorized or required to be carried out using funds of the 

17 Commodity Credit Corporation: (1) such funds shall be 

18 available for salaries and related administrative expenses, 

19 including technical assistance, associated with the imple20 mentation of the program, without regard to the limitation 

21 on the total amount of allotments and fund transfers con22 tained in section 11 of the Commodity Credit Corporation 

23 Charter Act (15 U.S.C. 714i); and (2) the use of such 

24 funds for such purpose shall not be considered to be a 

25 fund transfer or allotment for purposes of applying the 


emcdonald on DSK2BSOYB1PROD with BILLS
191 

•HR 1 IH

1 limitation on the total amount of allotments and fund 

2 transfers contained in such section. 

3 SEC. 1277. With respect to any loan or loan guar4 antee program administered by the Secretary of Agri5 culture that has a negative credit subsidy score for fiscal 

6 year 2011, the program level for the loan or loan guar7 antee program, for the purposes of the Federal Credit Re8 form Act of 1990, shall be the program level established 

9 pursuant to such Act for fiscal year 2010. 

10 SEC. 1278. Section 721(1) of Public Law 111–80 

11 (123 Stat. 2122) is amended by striking 

12 ‘‘$1,180,000,000’’ and inserting ‘‘$1,238,000,000’’. 

13 SEC. 1279. Section 742 of Public Law 111–80 (123 

14 Stat. 2128) is amended by striking ‘‘$11,000,000’’ and 

15 inserting ‘‘$15,000,000’’. 

16 SEC. 1280. The following provisions of Public Law 

17 111–80 shall be applied to funds appropriated by this divi18 sion by substituting ‘‘2010’’, ‘‘2011’’, and ‘‘2012’’ for 

19 ‘‘2009’’, ‘‘2010’’, and ‘‘2011’’, respectively, in each in20 stance that such terms appear: 

21 (1) The second paragraph under the heading 

22 ‘‘Agricultural Programs, Animal and Plant Health 

23 Inspection Service, Salaries and Expenses’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
192 

•HR 1 IH

1 (2) The second proviso under the heading ‘‘Ag2 ricultural Programs, Food Safety and Inspection 

3 Service’’. 

4 (3) The first proviso in the second paragraph 

5 under the heading ‘‘Rural Development Programs, 

6 Rural Housing Service, Rural Housing Insurance 

7 Fund Program Account’’. 

8 (4) The fifth proviso under the heading ‘‘Rural 

9 Development Programs, Rural Housing Service, 

10 Rental Assistance Program’’. 

11 (5) The proviso under the heading ‘‘Rural De12 velopment Programs, Rural Housing Service, Mutual 

13 and Self-Help Housing Grants’’. 

14 (6) The first proviso under the heading ‘‘Rural 

15 Development Programs, Rural Housing Service, 

16 Rural Housing Assistance Grants’’. 

17 (7) The seventh proviso under the heading 

18 ‘‘Rural Development Programs, Rural Housing Serv19 ice, Rural Community Facilities Program Account’’. 

20 (8) The third proviso under the heading ‘‘Rural 

21 Development Programs, Rural Business—Coopera22 tive Service, Rural Business Program Account’’. 

23 (9) The four availability of funds clauses under 

24 the heading ‘‘Rural Development Programs, Rural 


emcdonald on DSK2BSOYB1PROD with BILLS
193 

•HR 1 IH

1 Business—Cooperative Service, Rural Development 

2 Loan Fund Program Account’’. 

3 (10) The fifth proviso under the heading 

4 ‘‘Rural Development Programs, Rural Utilities Serv5 ice, Rural Water and Waste Disposal Program Ac6 count’’. 

7 (11) Sections 713, 717, 732, and 746. 

8 SEC. 1281. 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 Wetlands Reserve Program authorized by 

12 sections 1237–1237F of the Food Security Act of 1985 

13 (16 U.S.C. 3837–3837f) to enroll in excess of 202,218 

14 acres in fiscal year 2011: Provided, That such program 

15 shall be permanently reduced by 47,782 acres. 

16 SEC. 1282. None of the funds appropriated or other17 wise made available by this division or any other Act shall 

18 be used to pay the salaries and expenses of personnel to 

19 carry out the Conservation Stewardship Program author20 ized by sections 1238D–1238G of the Food Security Act 

21 of 1985 (16 U.S.C. 3838d–3838g) in excess of 

22 $649,000,000. 

23 SEC. 1283. None of the funds appropriated or other24 wise made available by this division or any other Act shall 

25 be used to pay the salaries and expenses of personnel to 


emcdonald on DSK2BSOYB1PROD with BILLS
194 

•HR 1 IH

1 carry out the program authorized by section 14 of the Wa2 tershed Protection and Flood Prevention Act (16 U.S.C. 

3 1012): Provided, That of the funds available under such 

4 section for fiscal year 2011, $165,000,000 is rescinded. 

5 SEC. 1284. None of the funds appropriated or other6 wise made available by this division or any other Act shall 

7 be used to pay the salaries and expenses of personnel to 

8 transfer in fiscal year 2011 to the Administrator of the 

9 Food and Nutrition Service under subsection (b) of section 

10 14222 of the Food, Conservation, and Energy Act of 2008 

11 (Public Law 110–246; 122 Stat. 2245) an amount in ex12 cess of $1,098,000,000: Provided, That none of the funds 

13 made available by this division or any other Act shall be 

14 used to pay the salaries and expenses of personnel to carry 

15 out section 19 of the Richard B. Russell National School 

16 Lunch Act (42 U.S.C. 1769a) utilizing funds otherwise 

17 required to be made available under subsection (i)(1)(D) 

18 of such section 19 in excess of $33,000,000, including the 

19 transfer of funds under subsection (c) of such section 

20 14222, until October 1, 2011: Provided further, That the 

21 remaining $117,000,000 of the amount specified in sub22 section (i)(1)(D) of such section 19 made available on Oc23 tober 1, 2011, to carry out such section 19 shall be ex24 cluded from the limitation described in subsection 

25 (b)(2)(A)(iv) of such section 14222 for fiscal year 2012. 


emcdonald on DSK2BSOYB1PROD with BILLS
195 

•HR 1 IH

1 SEC. 1285. None of the funds appropriated or made 

2 available by this division or any other Act shall be used 

3 to pay the salaries and expenses of personnel to carry out 

4 the Biomass Crop Assistance Program authorized by sec5 tion 9011 of the Farm Security and Rural Investment Act 

6 of 2002 (7 U.S.C. 8111) in excess of $112,000,000. 

7 SEC. 1286. Of the unobligated balances available for 

8 ‘‘Agricultural Programs, Agricultural Research Service, 

9 Buildings and Facilities’’ $223,700,000 is rescinded. 

10 SEC. 1287. Of the unobligated balances available for 

11 the cost of broadband loans, as authorized by section 601 

12 of the Rural Electrification Act of 1936, $15,000,000 is 

13 rescinded. 

14 SEC. 1288. (a) Notwithstanding this Act or any other 

15 Act, of the unobligated balances available to the Depart16 ment of Agriculture from prior appropriations, 

17 $585,000,000 in appropriated discretionary funds are 

18 hereby rescinded. 

19 (b) The Secretary of Agriculture shall determine and 

20 identify from which appropriation accounts the rescission 

21 under subsection (a) shall apply and the amount of such 

22 rescission that shall apply to each such account. Not later 

23 than 30 days after the date of the enactment of this Act, 

24 the Secretary of Agriculture shall submit a report to the 

25 Committees on Appropriations of both Houses of Congress 


emcdonald on DSK2BSOYB1PROD with BILLS
196 

•HR 1 IH

1 and the Secretary of the Treasury of the accounts and 

2 amounts determined and identified for rescission under 

3 the preceding sentence: Provided, That no amounts may 

4 be rescinded from amounts that were designated by the 

5 Congress as an emergency requirement pursuant to the 

6 Concurrent Resolution on the Budget or the Balanced 

7 Budget and Emergency Deficit Control Act of 1985, as 

8 amended. 

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 $175,000,000. 

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 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
197 

•HR 1 IH

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 $469,500,000. 

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 $169,600,000. 

11 SEC. 1307. Notwithstanding section 1101, the level 

12 for ‘‘Department of Commerce, National Oceanic and At13 mospheric Administration, Pacific Coastal Salmon Recov14 ery’’ shall be $50,000,000. 

15 SEC. 1308. Notwithstanding section 1101, the level 

16 for ‘‘Department of Justice, General Administration, Na17 tional Drug Intelligence Center’’ shall be $34,023,000. 

18 SEC. 1309. Notwithstanding section 1101, the level 

19 for ‘‘Department of Justice, General Administration, Jus20 tice Information Sharing Technology’’ shall be 

21 $78,285,000. 

22 SEC. 1310. Notwithstanding section 1101, the level 

23 for ‘‘Department of Justice, General Administration, Tac24 tical Law Enforcement Wireless Communications’’ shall 

25 be $136,143,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
198 

•HR 1 IH

1 SEC. 1311. Notwithstanding section 1101, the level 

2 for ‘‘Department of Justice, General Administration, De3 tention Trustee’’ shall be $1,533,663,000. 

4 SEC. 1312. Notwithstanding section 1101, the level 

5 for ‘‘Department of Justice, Legal Activities, Salaries and 

6 Expenses, General Legal Activities’’ shall be 

7 $865,097,000. 

8 SEC. 1313. Notwithstanding section 1101, the level 

9 for ‘‘Department of Justice, United States Marshals Serv10 ice, Construction’’ shall be $16,929,000. 

11 SEC. 1314. Notwithstanding section 1101, the level 

12 for ‘‘Department of Justice, Federal Bureau of Investiga13 tion, Construction’’ shall be $106,915,000. 

14 SEC. 1315. Notwithstanding section 1101, the level 

15 for ‘‘Department of Justice, Federal Prison System, Sala16 ries and Expenses’’ shall be $6,325,231,000. 

17 SEC. 1316. Notwithstanding section 1101, the level 

18 for ‘‘Office of Science and Technology Policy’’ shall be 

19 $6,500,000. 

20 SEC. 1317. Notwithstanding section 1101, the level 

21 for ‘‘National Science Foundation, Research and Related 

22 Activities’’ shall be $5,467,920,000. 

23 SEC. 1318. Notwithstanding section 1101, the level 

24 for ‘‘National Science Foundation, Major Research Equip25 ment and Facilities Construction’’ shall be $54,790,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
199 

•HR 1 IH

1 SEC. 1319. Notwithstanding section 1101, the level 

2 for ‘‘National Science Foundation, Education and Human 

3 Resources’’ shall be $725,760,000. 

4 SEC. 1320. Notwithstanding section 1101, the level 

5 for ‘‘Department of Commerce, Bureau of the Census, 

6 Periodic Censuses and Programs’’ shall be $913,707,000. 

7 SEC. 1321. Notwithstanding section 1101, the level 

8 for each of the following accounts shall be $0: ‘‘Depart9 ment of Commerce, National Telecommunications and In10 formation Administration, Public Telecommunications Fa11 cilities, Planning and Construction’’; ‘‘Department of Jus12 tice, Bureau of Alcohol, Tobacco, Firearms, and Explo13 sives, Construction’’; and ‘‘Department of Justice, Office 

14 of Justice Programs, Weed and Seed Program Fund’’. 

15 SEC. 1322. Notwithstanding any other provision of 

16 this division, the following set-asides included in division 

17 B of Public Law 111–117 for projects specified in the ex18 planatory statement accompanying that Act in the fol19 lowing accounts for the corresponding amounts shall not 

20 apply to funds appropriated by this division: (1) ‘‘Depart21 ment of Commerce, International Trade Administration, 

22 Operations and Administration’’, $5,215,000; (2) ‘‘De23 partment of Commerce, Minority Business Development 

24 Agency, Minority Business Development’’, $1,100,000; 

25 and (3) ‘‘Department of Commerce, National Institute of 


emcdonald on DSK2BSOYB1PROD with BILLS
200 

•HR 1 IH

1 Standards and Technology, Scientific and Technical Re2 search and Services’’, $10,500,000. 

3 SEC. 1323. The Departments of Commerce and Jus4 tice, the National Aeronautics and Space Administration, 

5 and the National Science Foundation are directed to sub6 mit spending plans, signed by the respective department 

7 or agency head, to the House and Senate Committees on 

8 Appropriations within 60 days of enactment of this divi9 sion. 

10 SEC. 1324. Notwithstanding any other provision of 

11 this division, the set-aside included in division B of Public 

12 Law 111–117 under the heading ‘‘Department of Com13 merce, United States Patent and Trademark Office, Sala14 ries and Expenses’’ for policy studies related to activities 

15 of United Nations Specialized Agencies related to inter16 national protection of intellectual property rights shall not 

17 apply to funds appropriated by this division. 

18 SEC. 1325. Of the amount provided by section 1306 

19 for ‘‘National Institute of Standards and Technology, In20 dustrial Technology Services’’, $44,900,000 shall be for 

21 the Technology Innovation Program. 

22 SEC. 1326. (a) Notwithstanding section 1101, the 

23 level for ‘‘Department of Commerce, National Institute of 

24 Standards and Technology, Construction of Research Fa25 cilities’’ shall be $58,000,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
201 

•HR 1 IH

1 (b) The set-asides included in division B of Public 

2 Law 111–117 under the heading ‘‘Department of Com3 merce, National Institute of Standards and Technology, 

4 Construction of Research Facilities’’ for a competitive con5 struction grant program for research science buildings and 

6 for projects specified in the explanatory statement accom7 panying that Act shall not apply to funds appropriated 

8 by this division. 

9 SEC. 1327. (a) Notwithstanding section 1101, the 

10 level for ‘‘Department of Commerce, National Oceanic and 

11 Atmospheric Administration, Operations, Research, and 

12 Facilities’’ shall be $2,850,883,000. 

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, Oper16 ations, Research, and Facilities’’ for projects specified in 

17 the explanatory statement accompanying that Act shall 

18 not apply to funds appropriated by this division. 

19 SEC. 1328. (a) Notwithstanding section 1101, the 

20 level for ‘‘Department of Commerce, National Oceanic and 

21 Atmospheric Administration, Procurement, Acquisition 

22 and Construction’’ shall be $1,455,353,000. 

23 (b) The set-aside included in division B of Public Law 

24 111–117 under the heading ‘‘Department of Commerce, 

25 National Oceanic and Atmospheric Administration, ProVerDate Mar 15 2010 23:35 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
202 

•HR 1 IH

1 curement, Acquisition and Construction’’ for projects 

2 specified in the explanatory statement accompanying that 

3 Act shall not apply to funds appropriated by this division. 

4 SEC. 1329. (a) Notwithstanding section 1101, the 

5 level for ‘‘Department of Justice, Office of Justice Pro6 grams, Justice Assistance’’ shall be $225,000,000. 

7 (b) Amounts included in paragraphs (1) through (5) 

8 under the heading ‘‘Department of Justice, Office of Jus9 tice Programs, Justice Assistance’’ of division B of Public 

10 Law 111–117 shall be deemed to represent the maximum 

11 amount of funding available under the respective para12 graph. 

13 SEC. 1330. (a) Notwithstanding section 1101, the 

14 level for ‘‘Department of Justice, Office of Justice Pro15 grams, State and Local Law Enforcement Assistance’’ 

16 shall be $953,500,000. 

17 (b) The amount included in paragraph (4) under the 

18 heading ‘‘Department of Justice, Office of Justice Pro19 grams, State and Local Law Enforcement Assistance’’ of 

20 division B of Public Law 111–117 shall be applied to 

21 funds appropriated by this division by substituting ‘‘$0’’ 

22 for ‘‘$185,268,000’’. 

23 (c) Amounts included in paragraphs (1) through (3) 

24 and paragraphs (5) through (29) under the heading ‘‘De25 partment of Justice, Office of Justice Programs, State 


emcdonald on DSK2BSOYB1PROD with BILLS
203 

•HR 1 IH

1 and Local Law Enforcement Assistance’’ of division B of 

2 Public Law 111–117 shall be deemed to represent the 

3 maximum amount of funding available under the respec4 tive paragraph. 

5 SEC. 1331. (a) Notwithstanding section 1101, the 

6 level for ‘‘Department of Justice, Office of Justice Pro7 grams, Juvenile Justice Programs’’ shall be 

8 $232,500,000. 

9 (b) The amount included in paragraph (2) under the 

10 heading ‘‘Department of Justice, Office of Justice Pro11 grams, Juvenile Justice Programs’’ of division B of Public 

12 Law 111–117 shall be applied to funds appropriated by 

13 this division by substituting ‘‘$0’’ for ‘‘$91,095,000’’. 

14 (c) Amounts included in paragraph (1) and para15 graphs (3) through (8) under the heading ‘‘Department 

16 of Justice, Office of Justice Programs, Juvenile Justice 

17 Programs’’ of division B of Public Law 111–117 shall be 

18 deemed to represent the maximum amount of funding 

19 available under the respective paragraph. 

20 SEC. 1332. (a) Notwithstanding section 1101, the 

21 level for ‘‘Department of Justice, Community Oriented 

22 Policing Services (Including Transfers of Funds)’’ shall be 

23 $290,500,000. 

24 (b) Amounts included under the heading ‘‘Depart25 ment of Justice, Community Oriented Policing Services 


emcdonald on DSK2BSOYB1PROD with BILLS
204 

•HR 1 IH

1 (Including Transfers of Funds)’’ in division B of Public 

2 Law 111–117 shall be applied to funds appropriated by 

3 this division by substituting— 

4 (1) ‘‘$15,000,000’’ for ‘‘40,385,000’’; 

5 (2) ‘‘$0’’ for ‘‘$25,385,000’’; 

6 (3) ‘‘$1,500,000’’ for ‘‘$170,223,000’’; 

7 (4) ‘‘$0’’ for ‘‘$168,723,000’’; and 

8 (5) ‘‘$0’’ for ‘‘$298,000,000’’. 

9 (c) Amounts included in paragraph (1) and para10 graphs (4) through (8) under the heading ‘‘Department 

11 of Justice, Community Oriented Policing Services (Includ12 ing Transfers of Funds)’’ of division B of Public Law 

13 111–117 shall be deemed to represent the maximum 

14 amount of funding available under the respective para15 graph. 

16 SEC. 1333. (a) The percentage limitations on trans17 fers between appropriations of the Department of Justice 

18 described in section 205 of division B of Public Law 111– 

19 117 shall not apply to funds provided by this division to 

20 the Department of Justice, or provided under previous ap21 propriations Acts to the Department of Justice that re22 main available for obligation or expenditure in fiscal year 

23 2011, or provided from any accounts in the Treasury of 

24 the United States derived by the collection of fees available 

25 to the Department of Justice. 


emcdonald on DSK2BSOYB1PROD with BILLS
205 

•HR 1 IH

1 (b) The transfer authority provided in subsection (a) 

2 shall pertain only to transfers into the following accounts: 

3 ‘‘Department of Justice, Salaries and Expenses, United 

4 States Attorneys’’; ‘‘Department of Justice, United States 

5 Marshals Service, Salaries and Expenses’’; ‘‘Department 

6 of Justice, Federal Bureau of Investigation, Salaries and 

7 Expenses’’; ‘‘Department of Justice, Drug Enforcement 

8 Administration, Salaries and Expenses’’; ‘‘Department of 

9 Justice, Bureau of Alcohol, Tobacco, Firearms and Explo10 sives, Salaries and Expenses’’; and ‘‘Department of Jus11 tice, Federal Prison System, Salaries and Expenses’’. 

12 (c) Any transfer pursuant to this section shall be 

13 treated as a reprogramming of funds under section 505 

14 of division B of Public Law 111–117 and shall not be 

15 available for obligation except in compliance with the pro16 cedures set forth in that section as amended by this divi17 sion. 

18 SEC. 1334. Notwithstanding section 1105, the pro19 viso limiting the use of funds under the heading ‘‘National 

20 Aeronautics and Space Administration, Exploration’’ in 

21 division B of Public Law 111–117 shall not apply to funds 

22 appropriated by this division. 

23 SEC. 1335. (a) Notwithstanding section 1101, the 

24 level for ‘‘National Aeronautics and Space Administration, 

25 Space Operations’’ shall be $5,946,800,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
206 

•HR 1 IH

1 (b) The proviso specifying amounts under the head2 ing ‘‘National Aeronautics and Space Administration, 

3 Space Operations’’ in division B of Public Law 111–117 

4 for operations, production, research, development, and 

5 support of the Space Shuttle and the International Space 

6 Station and for Space and Flight Support shall not apply 

7 to funds appropriated by this division. 

8 SEC. 1336. (a) Notwithstanding section 1101, the 

9 level for ‘‘National Aeronautics and Space Administration, 

10 Cross Agency Support’’ shall be $3,131,000,000. 

11 (b) The set-asides under the heading ‘‘National Aero12 nautics and Space Administration, Cross Agency Support’’ 

13 in division B of Public Law 111–117 for center manage14 ment and operations, independent verification and valida15 tion activities and projects specified in the explanatory 

16 statement accompanying that Act shall not apply to funds 

17 appropriated by this division. 

18 SEC. 1337. (a) Notwithstanding section 1101, the 

19 level for ‘‘National Aeronautics and Space Administration, 

20 Construction and Environmental Compliance and Remedi21 ation’’ shall be $408,300,000. 

22 (b) The set-asides under the heading ‘‘National Aero23 nautics and Space Administration, Construction and Envi24 ronmental Compliance and Remediation’’ in division B of 

25 Public Law 111–117 for science research and development 


emcdonald on DSK2BSOYB1PROD with BILLS
207 

•HR 1 IH

1 activities, exploration research and development activities, 

2 space operations research and development activities, and 

3 cross agency support activities shall not apply to funds 

4 appropriated by this division. 

5 SEC. 1338. (a) Transfer limitations for the National 

6 Aeronautics and Space Administration described in the 

7 Administrative Provisions of division B of Public Law 

8 111–117 shall not apply to funds available under the fol9 lowing headings: (1) ‘‘National Aeronautics and Space Ad10 ministration, Aeronautics’’; (2) ‘‘National Aeronautics and 

11 Space Administration, Space Operations’’; and (3) ‘‘Na12 tional Aeronautics and Space Administration, Education’’. 

13 (b) Any transfer pursuant to this section shall be 

14 treated as a reprogramming of funds under section 505 

15 of division B of Public Law 111–117 and shall not be 

16 available for obligation except in compliance with the pro17 cedures set forth in that section as amended by this divi18 sion. 

19 SEC. 1339. (a) None of the funds made available by 

20 this division may be used for the National Aeronautics and 

21 Space Administration or the Office of Science and Tech22 nology Policy to develop, design, plan, promulgate, imple23 ment, or execute a policy, program, order, or contract of 

24 any kind to participate, collaborate, or coordinate in any 

25 way with China or any Chinese-owned company unless 


emcdonald on DSK2BSOYB1PROD with BILLS
208 

•HR 1 IH

1 such activities are specifically authorized by a law enacted 

2 after the date of enactment of this division. 

3 (b) The limitation in subsection (a) shall also apply 

4 to any funds used to effectuate the hosting of official Chi5 nese visitors at facilities belonging to or utilized by the 

6 National Aeronautics and Space Administration. 

7 SEC. 1340. Notwithstanding section 1101, amounts 

8 are provided for ‘‘Legal Services Corporation, Payment to 

9 the Legal Services Corporation’’ in division B of Public 

10 Law 111–117 in the manner authorized in Public Law 

11 111–117 for fiscal year 2010, except that for fiscal year 

12 2011 the amounts specified in division B of Public Law 

13 111–117 shall be modified by substituting— 

14 (1) ‘‘$350,000,000’’ for ‘‘$420,000,000’’; and 

15 (2) ‘‘$324,400,000’’ for ‘‘$394,400,000’’. 

16 SEC. 1341. Section 505(a)(1) of division B of Public 

17 Law 111–117 is amended by inserting ‘‘, unless the House 

18 and Senate Committees on Appropriations are notified 15 

19 days in advance of such reprogramming of funds’’ before 

20 the semicolon. 

21 SEC. 1342. Of the funds made available for ‘‘Depart22 ment of Commerce, Bureau of the Census, Periodic Cen23 suses and Programs’’ in division B of Public Law 111– 

24 117, $1,740,000,000 is rescinded. 


emcdonald on DSK2BSOYB1PROD with BILLS
209 

•HR 1 IH

1 SEC. 1343. Of the unobligated balances available for 

2 ‘‘Emergency Steel, Oil, and Gas Guaranteed Loan Pro3 gram Account’’, $48,000,000 is rescinded. 

4 SEC. 1344. Of the unobligated balances available to 

5 the Department of Justice from prior appropriations, the 

6 following funds are rescinded, not later than September 

7 30, 2011, from the following accounts in the specified 

8 amounts: (1) ‘‘Office of Justice Programs’’, $42,000,000; 

9 and (2) ‘‘Community Oriented Policing Services’’, 

10 $10,000,000. 

11 TITLE IV—ENERGY AND WATER 

12 DEVELOPMENT AND RELATED AGENCIES 

13 SEC. 1401. All of the provisos under the heading 

14 ‘‘Corps of Engineers—Civil, Department of the Army, 

15 Construction’’ in the Energy and Water Development and 

16 Related Agencies Appropriations Act, 2010 (Public Law 

17 111–85) shall not apply to funds appropriated by this divi18 sion. 

19 SEC. 1402. The proviso under the heading ‘‘Corps of 

20 Engineers—Civil, Department of the Army, Mississippi 

21 River and Tributaries’’ in the Energy and Water Develop22 ment and Related Agencies Appropriations Act, 2010 

23 (Public Law 111–85) shall not apply to funds appro24 priated by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
210 

•HR 1 IH

1 SEC. 1403. The fifth proviso (regarding the San Ga2 briel Basin Restoration Fund), seventh proviso (regarding 

3 the Milk River Project) and eighth proviso (regarding the 

4 Departmental Irrigation Drainage program) under the 

5 heading ‘‘Department of the Interior, Bureau of Reclama6 tion, Water and Related Resources’’ in the Energy and 

7 Water Development and Related Agencies Appropriations 

8 Act, 2010 (Public Law 111–85) shall not apply to funds 

9 appropriated by this division. 

10 SEC. 1404. All of the provisos under the heading 

11 ‘‘Department of Energy, Energy Programs, Energy Effi12 ciency and Renewable Energy’’ in title III of the Energy 

13 and Water Development and Related Agencies Appropria14 tions Act, 2010 (Public Law 111–85) shall not apply to 

15 funds appropriated by this division. 

16 SEC. 1405. All of the provisos under the heading 

17 ‘‘Department of Energy, Energy Programs, Electricity 

18 Delivery and Energy Reliability’’ 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. 1406. The proviso under the heading ‘‘Depart23 ment of Energy, Energy Programs, Nuclear Energy’’ in 

24 title III of the Energy and Water Development and Re25 lated Agencies Appropriations Act, 2010 (Public Law 


emcdonald on DSK2BSOYB1PROD with BILLS
211 

•HR 1 IH

1 111–85) shall not apply to funds appropriated by this divi2 sion. 

3 SEC. 1407. The second proviso under the heading 

4 ‘‘Department of Energy, Energy Programs, Fossil Energy 

5 Research and Development’’ in title III of the Energy and 

6 Water Development and Related Agencies Appropriations 

7 Act, 2010 (Public Law 111–85) shall not apply to funds 

8 appropriated by this division. 

9 SEC. 1408. All of the provisos under the heading 

10 ‘‘Department of Energy, Energy Programs, Science’’ in 

11 title III of the Energy and Water Development and Re12 lated Agencies Appropriations Act, 2010 (Public Law 

13 111–85) shall not apply to funds appropriated by this divi14 sion. 

15 SEC. 1409. The thirteenth proviso (regarding Com16 mission funding) under the heading ‘‘Department of En17 ergy, Energy Programs, Nuclear Waste Disposal’’ in title 

18 III of the Energy and Water Development and Related 

19 Agencies Appropriations Act, 2010 (Public Law 111–85) 

20 shall not apply to funds appropriated by this division. 

21 SEC. 1410. All of the provisos under the heading 

22 ‘‘Department of Energy, Atomic Energy Defense Activi23 ties, National Nuclear Security Administration, Weapons 

24 Activities’’ in title III of the Energy and Water Develop25 ment and Related Agencies Appropriations Act, 2010 


emcdonald on DSK2BSOYB1PROD with BILLS
212 

•HR 1 IH

1 (Public Law 111–85) shall not apply to funds appro2 priated by this division. 

3 SEC. 1411. The proviso under the heading ‘‘Depart4 ment of Energy, Atomic Energy Defense Activities, Na5 tional Nuclear Security Administration, Defense Nuclear 

6 Nonproliferation’’ in title III of the Energy and Water De7 velopment and Related Agencies Appropriations Act, 2010 

8 (Public Law 111–85) shall not apply to funds appro9 priated by this division. 

10 SEC. 1412. All of the provisos under the heading 

11 ‘‘Department of Energy, Atomic Energy Defense Activi12 ties, National Nuclear Security Administration, Office of 

13 the Administrator’’ in title III of the Energy and Water 

14 Development and Related Agencies Appropriations Act, 

15 2010 (Public Law 111–85) shall not apply to funds appro16 priated by this division. 

17 SEC. 1413. The proviso under the heading ‘‘Depart18 ment of Energy, Atomic Energy Defense Activities, Envi19 ronmental and Other Defense Activities, Defense Environ20 mental Cleanup’’ in title III of the Energy and Water De21 velopment and Related Agencies Appropriations Act, 2010 

22 (Public Law 111–85) shall not apply to funds appro23 priated by this division. 

24 SEC. 1414. The proviso under the heading ‘‘Depart25 ment of Energy, Atomic Energy Defense Activities, EnviVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
213 

•HR 1 IH

1 ronmental and Other Defense Activities, Other Defense 

2 Activities’’ in title III of the Energy and Water Develop3 ment and Related Agencies Appropriations Act, 2010 

4 (Public Law 111–85) shall not apply to funds appro5 priated by this division. 

6 SEC. 1415. The fifth proviso under the heading ‘‘De7 partment of Energy, Power Marketing Administrations, 

8 Construction, Rehabilitation, Operation and Maintenance, 

9 Western Area Power Administration’’ in title III of the 

10 Energy and Water Development and Related Agencies Ap11 propriations Act, 2010 (Public Law 111–85) shall not 

12 apply to funds appropriated by this division. 

13 SEC. 1416. Sections 105, 106, 107, 110 through 125, 

14 205 through 211, 502, and 506 of the Energy and Water 

15 Development and Related Agencies Appropriations Act, 

16 2010 (Public Law 111–85) shall not apply to funds appro17 priated by this division. 

18 SEC. 1417. In addition to amounts otherwise made 

19 available by this division, $50,000,000 is appropriated for 

20 ‘‘Department of Energy, Energy Programs, Advanced Re21 search Projects Agency—Energy’’. 

22 SEC. 1418. Notwithstanding section 1105, no appro23 priation, funds, or authority made available pursuant to 

24 section 1101 for the Department of Energy or Corps of 

25 Engineers, Civil, shall be used to initiate or resume any 


emcdonald on DSK2BSOYB1PROD with BILLS
214 

•HR 1 IH

1 program, project, or activity or to initiate Requests For 

2 Proposals or similar arrangements (including Requests for 

3 Quotations, Requests for Information, and Funding Op4 portunity Announcements) for a program, project, or ac5 tivity if the program, project, or activity has not been 

6 funded by Congress, unless prior approval is received from 

7 the Committees on Appropriations of the House of Rep8 resentatives and the Senate. 

9 SEC. 1419. No funds made available by this division 

10 or any other Act may be used by the Nuclear Regulatory 

11 Commission to conduct closure of adjudicatory functions, 

12 technical review, or support activities associated with the 

13 Yucca Mountain geologic repository license application 

14 until the Commission reverses ASLB decision LBP–10– 

15 11. 

16 SEC. 1420. Notwithstanding section 1101, the level 

17 for ‘‘Independent Agencies, Appalachian Regional Com18 mission’’ shall be $68,400,000. 

19 SEC. 1421. Notwithstanding section 1101, the level 

20 for ‘‘Independent Agencies, Delta Regional Authority’’ 

21 shall be $11,700,000. 

22 SEC. 1422. Notwithstanding section 1101, the level 

23 for ‘‘Independent Agencies, Denali Commission’’ shall be 

24 $10,800,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
215 

•HR 1 IH

1 SEC. 1423. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, Northern Border Regional 

3 Commission’’ shall be $0. 

4 SEC. 1424. Notwithstanding section 1101, the level 

5 for ‘‘Independent Agencies, Southeast Crescent Regional 

6 Commission’’ shall be $0. 

7 SEC. 1425. The total principal amount for commit8 ments to guarantee loans for eligible projects (other than 

9 nuclear power facilities and front-end nuclear facilities) 

10 under the heading ‘‘Department of Energy, Title 17 Inno11 vative Technology Loan Guarantee Authority Loan Pro12 gram’’, in title III of division C of Public Law 111–8, is 

13 hereby reduced by $25,000,000,000. 

14 SEC. 1426. Of the unobligated balances of funds 

15 transferred to ‘‘Department of the Interior, Bureau of 

16 Reclamation, Water and Related Resources’’ for desert 

17 terminal lakes under section 2507 of the Farm Security 

18 and Rural Investment Act of 2002 (43 U.S.C. 2211 note), 

19 $115,000,000 is rescinded. 

20 SEC. 1427. Of the unobligated balances available for 

21 ‘‘Corps of Engineers—Civil, Department of the Army, 

22 Mississippi River and Tributaries’’, $21,000,000 is re23 scinded, to be derived by cancelling unobligated balances 

24 for the Yazoo Basin, Backwater Pump, Mississippi 

25 project. 


emcdonald on DSK2BSOYB1PROD with BILLS
216 

•HR 1 IH

1 SEC. 1428. Notwithstanding section 1101, the level 

2 for ‘‘Corps of Engineers—Civil, Department of the Army, 

3 Investigations’’ shall be $104,000,000. 

4 SEC. 1429. Notwithstanding section 1101, the level 

5 for ‘‘Corps of Engineers—Civil, Department of the Army, 

6 Construction’’ shall be $1,690,000,000. 

7 SEC. 1430. Notwithstanding section 1101, the level 

8 for ‘‘Corps of Engineers—Civil, Department of the Army, 

9 Mississippi River and Tributaries’’ shall be $239,600,000. 

10 SEC. 1431. Notwithstanding section 1101, the level 

11 for ‘‘Corps of Engineers—Civil, Department of the Army, 

12 Operation and Maintenance’’ shall be $2,361,000,000. 

13 SEC. 1432. Notwithstanding section 1101, the level 

14 for ‘‘Corps of Engineers—Civil, Department of the Army, 

15 Formerly Utilized Sites Remedial Action Program’’ shall 

16 be $130,000,000. 

17 SEC. 1433. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, Bureau of Reclamation, 

19 Water and Related Resources’’ shall be $913,500,000. 

20 SEC. 1434. Notwithstanding section 1101, the level 

21 for ‘‘Department of Energy, Energy Programs, Energy 

22 Efficiency and Renewable Energy’’ shall be 

23 $1,467,400,000: Provided, That none of the funds made 

24 available by this division may be used for the Weatheriza25 tion Assistance Program authorized under part A of title 


emcdonald on DSK2BSOYB1PROD with BILLS
217 

•HR 1 IH

1 IV of the Energy Conservation and Production Act (42 

2 U.S.C. 6861 et seq.) or the State Energy Program author3 ized under part D of title III of the Energy Policy and 

4 Conservation Act (42 U.S.C. 6321 et seq.). 

5 SEC. 1435. Notwithstanding section 1101, the level 

6 for ‘‘Department of Energy, Energy Programs, Electricity 

7 Delivery and Energy Reliability’’ shall be $139,000,000. 

8 SEC. 1436. Notwithstanding section 1101, the level 

9 for ‘‘Department of Energy, Energy Programs, Nuclear 

10 Energy’’ shall be $661,100,000. 

11 SEC. 1437. Notwithstanding section 1101, the level 

12 for ‘‘Department of Energy, Energy Programs, Fossil En13 ergy Research and Development’’ shall be $586,600,000. 

14 SEC. 1438. Notwithstanding section 1101, the level 

15 for ‘‘Department of Energy, Energy Programs, Strategic 

16 Petroleum Reserve’’ shall be $138,900,000. 

17 SEC. 1439. Notwithstanding section 1101, the level 

18 for ‘‘Department of Energy, Energy Programs, Energy 

19 Information Administration’’ shall be $95,600,000. 

20 SEC. 1440. Notwithstanding section 1101, the level 

21 for ‘‘Department of Energy, Energy Programs, Non-De22 fense Environmental Cleanup’’ shall be $225,200,000. 

23 SEC. 1441. Notwithstanding section 1101, the level 

24 for ‘‘Department of Energy, Energy Programs, Uranium 


emcdonald on DSK2BSOYB1PROD with BILLS
218 

•HR 1 IH

1 Enrichment Decontamination and Decommissioning 

2 Fund’’ shall be $513,900,000. 

3 SEC. 1442. Notwithstanding section 1101, the level 

4 for ‘‘Department of Energy, Energy Programs, Science’’ 

5 shall be $4,017,700,000: Provided, That of the amount 

6 provided by this division for ‘‘Department of Energy, En7 ergy Programs, Science’’, not more than $302,000,000 

8 shall be for biological and environmental research author9 ized under subtitle G of title IX of the Energy Policy Act 

10 of 2005 (42 U.S.C. 16311 et seq.). 

11 SEC. 1443. Notwithstanding section 1101, the level 

12 for ‘‘Department of Energy, Energy Programs, Depart13 mental Administration’’ shall be $148,900,000. 

14 SEC. 1444. Notwithstanding section 1101, the level 

15 for ‘‘Department of Energy, Energy Programs, Advanced 

16 Technology Vehicles Manufacturing Loan Program’’ shall 

17 be $9,998,000. 

18 SEC. 1445. Notwithstanding section 1101, the level 

19 for ‘‘Department of Energy, Atomic Energy Defense Ac20 tivities, National Nuclear Security Administration, Weap21 ons Activities’’ shall be $6,696,400,000. 

22 SEC. 1446. Notwithstanding section 1101, the level 

23 for ‘‘Department of Energy, Atomic Energy Defense Ac24 tivities, National Nuclear Security Administration, De25 fense Nuclear Nonproliferation’’ shall be $2,085,200,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
219 

•HR 1 IH

1 SEC. 1447. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Atomic Energy Defense Ac3 tivities, National Nuclear Security Administration, Naval 

4 Reactors’’ shall be $967,100,000. 

5 SEC. 1448. Notwithstanding section 1101, the level 

6 for ‘‘Department of Energy, Atomic Energy Defense Ac7 tivities, National Nuclear Security Administration, Office 

8 of the Administrator’’ shall be $407,800,000. 

9 SEC. 1449. Notwithstanding section 1101, the level 

10 for ‘‘Department of Energy, Environmental and Other 

11 Defense Activities, Defense Environmental Cleanup’’ shall 

12 be $5,016,041,000, of which $33,700,000 shall be trans13 ferred to the ‘‘Uranium Enrichment Decontamination and 

14 Decommissioning Fund’’. 

15 SEC. 1450. Notwithstanding section 1101, the level 

16 for ‘‘Department of Energy, Environmental and Other 

17 Defense Activities, Other Defense Activities’’ shall be 

18 $773,400,000. 

19 SEC. 1451. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Corps of Engineers— 

21 Civil, Department of the Army, Construction’’, 

22 $100,000,000 is rescinded. 

23 SEC. 1452. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 


emcdonald on DSK2BSOYB1PROD with BILLS
220 

•HR 1 IH

1 Energy Programs, Energy Efficiency and Renewable En2 ergy’’, $11,200,000 is rescinded. 

3 SEC. 1453. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Electricity Delivery and Energy Reli6 ability’’, $2,400,000 is rescinded. 

7 SEC. 1454. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Nuclear Energy’’, $6,300,000 is re10 scinded. 

11 SEC. 1455. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Fossil Energy Research and Develop14 ment’’, $30,600,000 is rescinded. 

15 SEC. 1456. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Naval Petroleum and Oil Shale Re18 serves’’, $2,100,000 is rescinded. 

19 SEC. 1457. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Clean Coal Technology’’, $18,000,000 

22 is rescinded. 

23 SEC. 1458. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 


emcdonald on DSK2BSOYB1PROD with BILLS
221 

•HR 1 IH

1 Energy Programs, Strategic Petroleum Reserve’’, 

2 $15,300,000 is rescinded. 

3 SEC. 1459. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Energy Information Administration’’, 

6 $400,000 is rescinded. 

7 SEC. 1460. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Non-Defense Environmental Cleanup’’, 

10 $900,000 is rescinded. 

11 SEC. 1461. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Uranium Enrichment Decontamination 

14 and Decommissioning Fund’’, $10,000,000 is rescinded. 

15 SEC. 1462. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Science’’, $7,200,000 is rescinded. 

18 SEC. 1463. Of the unobligated balances from prior 

19 year appropriations available for ‘‘Department of Energy, 

20 Energy Programs, Nuclear Waste Disposal’’, $2,800,000 

21 is rescinded. 

22 SEC. 1464. Of the unobligated balances from prior 

23 year appropriations available for ‘‘Department of Energy, 

24 Energy Programs, Departmental Administration’’, 

25 $11,900,000 is rescinded. 


emcdonald on DSK2BSOYB1PROD with BILLS
222 

•HR 1 IH

1 SEC. 1465. Of the unobligated balances from prior 

2 year appropriations available for ‘‘Department of Energy, 

3 Atomic Energy Defense Activities, National Nuclear Secu4 rity Administration, Defense Nuclear Nonproliferation’’, 

5 $45,500,000 is rescinded. 

6 SEC. 1466. Of the unobligated balances from prior 

7 year appropriations available for ‘‘Department of Energy, 

8 Atomic Energy Defense Activities, National Nuclear Secu9 rity Administration, Naval Reactors’’, $1,200,000 is re10 scinded. 

11 SEC. 1467. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Atomic Energy Defense Activities, National Nuclear Secu14 rity Administration, Office of the Administrator’’, 

15 $4,400,000 is rescinded. 

16 SEC. 1468. Of the unobligated balances from prior 

17 year appropriations available for ‘‘Department of Energy, 

18 Environmental and Other Defense Activities, Defense En19 vironmental Cleanup’’, $11,900,000 is rescinded. 

20 SEC. 1469. Of the unobligated balances from prior 

21 year appropriations available for ‘‘Department of Energy, 

22 Environmental and Other Defense Activities, Other De23 fense Activities’’, $3,400,000 is rescinded. 


emcdonald on DSK2BSOYB1PROD with BILLS
223 

•HR 1 IH

1 SEC. 1470. Of the unobligated balances from prior 

2 year appropriations available for ‘‘Independent Agencies, 

3 Delta Regional Authority’’, $6,000,000 is rescinded. 

4 SEC. 1471. Of the unobligated balances from prior 

5 year appropriations available for ‘‘Independent Agencies, 

6 Denali Commission’’, $15,000,000 is rescinded. 

7 SEC. 1472. Within 30 days of enactment of this divi8 sion, the Department of Energy; Corps of Engineers, 

9 Civil; Nuclear Regulatory Commission; and Bureau of 

10 Reclamation shall submit to the Committees on Appro11 priations of the House of Representatives and the Senate 

12 a spending, expenditure, or operating plan for fiscal year 

13 2011 at a level of detail below the account level. 

14 SEC. 1473. No rescission made in this title shall 

15 apply to any amount previously designated by the 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 SEC. 1474. None of the funds made available by this 

20 division or prior appropriation Acts (other than Public 

21 Law 111–5) for Energy and Water Development may be 

22 used to pay the costs of employment (such as pay and 

23 benefits), or termination (such as severance pay), of any 

24 employee of the Department of Energy who is appointed, 

25 employed, or retained under the authority of, or using 


emcdonald on DSK2BSOYB1PROD with BILLS
224 

•HR 1 IH

1 funds provided by, Public Law 111–5, or whose functions 

2 or operations (including programmatic or oversight re3 sponsibilities) are substantially or entirely funded under 

4 Public Law 111–5. 

5 SEC. 1475. (a) None of the funds made available by 

6 this Act may be used to implement— 

7 (1) Reasonable and Prudent Action Component 1, 

8 Reasonable and Prudent Action Component 2, or Reason9 able and Prudent Action Component 3 described in the 

10 biological opinion for the operations of the Central Valley 

11 Project and the California State Water Project issued by 

12 the United States Fish and Wildlife Service and dated De13 cember 15, 2008; or 

14 (2) Reasonable and Prudent Action IV.2.1 or Reason15 able and Prudent Action IV.2.3 described in the biological 

16 opinion for the operations of the Central Valley Project 

17 and the California State Water Project issued by the Na18 tional Marine Fisheries Service and dated June 4, 2009. 

19 (b) None of the funds made available by this Act may 

20 be used to implement section 10004, 10005, 10006, 

21 10009, or 10011 of Public Law 111–11. 

22 TITLE V—FINANCIAL SERVICES AND GENERAL 

23 GOVERNMENT 

24 SEC. 1501. Notwithstanding section 1101, the level 

25 for ‘‘Department of the Treasury, Departmental Offices, 


emcdonald on DSK2BSOYB1PROD with BILLS
225 

•HR 1 IH

1 Salaries and Expenses’’ shall be $299,888,000, of which 

2 $102,613,000 shall be for terrorism and financial intel3 ligence activities, and the requirements to transfer funds 

4 to the National Academy of Science and the funding des5 ignations related to executive direction program activities, 

6 economic policies and program activities, financial policies 

7 and program activities, Treasury-wide management poli8 cies and program activities, and administration program 

9 activities shall not apply to funds appropriated by this di10 vision. 

11 SEC. 1502. Notwithstanding section 1101, the level 

12 for ‘‘Department of the Treasury, Departmental Offices, 

13 Department-wide Systems and Capital Investment Pro14 grams’’ shall be $4,000,000. 

15 SEC. 1503. Notwithstanding section 1101, the level 

16 for ‘‘Department of Treasury, Office of Inspector General, 

17 Salaries and Expenses’’ shall be $29,403,000. 

18 SEC. 1504. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Treasury, Departmental Offices, 

20 Special Inspector General for the Troubled Asset Relief 

21 Program, Salaries and Expenses’’ shall be $36,300,000. 

22 SEC. 1505. Notwithstanding section 1101, the level 

23 for ‘‘Department of Treasury, Financial Crimes Enforce24 ment Network, Salaries and Expenses’’ shall be 

25 $108,927,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
226 

•HR 1 IH

1 SEC. 1506. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Treasury, Financial Management 

3 Service, Salaries and Expenses’’ shall be $232,838,000. 

4 SEC. 1507. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Treasury, Bureau of the Public 

6 Debt, Administering the Public Debt’’ shall be 

7 $184,658,000. 

8 SEC. 1508. Of the unobligated balances available 

9 under the heading ‘‘Department of the Treasury, Treas10 ury Forfeiture Fund’’, $400,000,000 is rescinded. 

11 SEC. 1509. Notwithstanding section 1101, the level 

12 for ‘‘Department of the Treasury, Alcohol and Tobacco 

13 Tax and Trade Bureau, Salaries and Expenses’’ shall be 

14 $99,831,000, and the first proviso under such heading 

15 shall not apply to funds appropriated by this division. 

16 SEC. 1510. Notwithstanding section 1101, the level 

17 for ‘‘Department of the Treasury, Community Develop18 ment Financial Institutions Fund Program Account’’ shall 

19 be $50,000,000 for financial assistance, technical assist20 ance, training outreach programs, and administrative ex21 penses, of which not less than $2,500,000 shall be for pro22 grams under sections 105 through 109 of the Community 

23 Development Banking and Financial Institutions Act of 

24 1994 (12 U.S.C. 4704–4708) designed to benefit Native 

25 communities; and the requirement to transfer funds to the 


emcdonald on DSK2BSOYB1PROD with BILLS
227 

•HR 1 IH

1 Capital Magnet Fund and the funding designations for 

2 pilot project grants and administration shall not apply to 

3 funds appropriated by this division. 

4 SEC. 1511. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Treasury, Internal Revenue Serv6 ice, Taxpayer Services’’ shall be $2,187,836,000. 

7 SEC. 1512. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Treasury, Internal Revenue Serv9 ice, Enforcement’’ shall be $5,219,016,000. 

10 SEC. 1513. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Treasury, Internal Revenue Serv12 ice, Operations Support’’ shall be $3,856,894,000, and the 

13 funding designations for tax enforcement under such 

14 heading shall not apply to funds appropriated by this divi15 sion. 

16 SEC. 1514. Notwithstanding section 1101, and sec17 tion 101 of division C of Public Law 111–117, the Sec18 retary of the Treasury is authorized to transfer up to 

19 $83,211,000 of the funds appropriated to the Internal 

20 Revenue Service for ‘‘Enforcement’’ and ‘‘Operations Sup21 port’’ to ‘‘Business Systems Modernization’’ upon notifica22 tion and approval of the House and Senate Committees 

23 on Appropriations. 


emcdonald on DSK2BSOYB1PROD with BILLS
228 

•HR 1 IH

1 SEC. 1515. Notwithstanding section 1101, section 

2 105 of division C of Public Law 111–117 shall not apply 

3 to funds appropriated by this division. 

4 SEC. 1516. None of the funds made available by this 

5 division may be used by the Internal Revenue Service to 

6 implement or enforce any amendment made to section 

7 6041 of the Internal Revenue Code of 1986 by section 

8 9006 of the Patient Protection and Affordable Care Act 

9 (Public Law 111–148). 

10 SEC. 1517. (a) During fiscal year 2011, the Board 

11 of Governors of the Federal Reserve may not transfer 

12 more than $80,000,000 to the Bureau of Consumer Fi13 nancial Protection for activities authorized to be carried 

14 out by the Bureau under title X of the Dodd-Frank Wall 

15 Street Reform and Consumer Protection Act. 

16 (b) During fiscal year 2011, the Bureau of Consumer 

17 Financial Protection may not obligate more than 

18 $80,000,000 for such activities. 

19 SEC. 1518. Notwithstanding section 1101, the level 

20 for ‘‘Executive Office of the President and Funds Appro21 priated to the President, The White House, Salaries and 

22 Expenses’’ shall be $56,186,000. 

23 SEC. 1519. Notwithstanding section 1101, the level 

24 for ‘‘Executive Office of the President and Funds ApproVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
229 

•HR 1 IH

1 priated to the President, Executive Residence at the White 

2 House, Operating Expenses’’ shall be $13,146,000. 

3 SEC. 1520. Notwithstanding section 1101, the level 

4 for ‘‘Executive Office of the President and Funds Appro5 priated to the President, White House Repair and Res6 toration’’ shall be $2,005,000. 

7 SEC. 1521. Of the unobligated balances available for 

8 ‘‘Executive Office of the President and Funds Appro9 priated to the President, Office of National Drug Control 

10 Policy, Counterdrug Technology Assessment Center’’, 

11 $5,000,000 is rescinded. 

12 SEC. 1522. Notwithstanding section 1101, the level 

13 for ‘‘Executive Office of the President and Funds Appro14 priated to the President, Council of Economic Advisors, 

15 Salaries and Expenses’’ shall be $3,990,000. 

16 SEC. 1523. Notwithstanding section 1101, the level 

17 for ‘‘Executive Office of the President and Funds Appro18 priated to the President, National Security Council, Sala19 ries and Expenses’’ shall be $11,619,000. 

20 SEC. 1524. Notwithstanding section 1101, the level 

21 for ‘‘Executive Office of the President and Funds Appro22 priated to the President, Office of Administration, Sala23 ries and Expenses’’ shall be $109,516,000. 

24 SEC. 1525. Notwithstanding section 1101, the level 

25 for ‘‘Executive Office of the President and Funds ApproVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
230 

•HR 1 IH

1 priated to the President, Office of Management and Budg2 et, Salaries and Expenses’’ shall be $88,220,000. 

3 SEC. 1526. 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, Salaries and Expenses’’ shall be $24,886,000. 

7 SEC. 1527. Of the unobligated balances available for 

8 ‘‘Executive Office of the President and Funds Appro9 priated to the President, Office of National Drug Control 

10 Policy, Salaries and Expenses’’ for policy research and 

11 evaluation, $2,000,000 is rescinded. 

12 SEC. 1528. Notwithstanding section 1101, the level 

13 for ‘‘Executive Office of the President and Funds Appro14 priated to the President, Office of National Drug Control 

15 Policy, Counterdrug Technology Assessment Center’’ shall 

16 be $0. 

17 SEC. 1529. Notwithstanding section 1101, the level 

18 for ‘‘Executive Office of the President and Funds Appro19 priated to President, Unanticipated Needs’’ shall be $0. 

20 SEC. 1530. Notwithstanding section 1101, the level 

21 for ‘‘Executive Office of the President and Funds Appro22 priated to the President, Partnership Fund for Program 

23 Integrity Innovation’’ shall be $0. 

24 SEC. 1531. Notwithstanding section 1101, the level 

25 for ‘‘Executive Office of the President and Funds ApproVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
231 

•HR 1 IH

1 priated to the President, Special Assistance to the Presi2 dent, Salaries and Expenses’’ shall be $4,374,000. 

3 SEC. 1532. Notwithstanding section 1101, the level 

4 for ‘‘Executive Office of the President and Funds Appro5 priated to the President, Official Residence of the Vice 

6 President, Operating Expenses’’ shall be $314,000. 

7 SEC. 1533. Of the unobligated balances available for 

8 ‘‘Executive Office of the President and Funds Appro9 priated to the President, Partnership Fund for Program 

10 Integrity Innovation’’, $10,000,000 is rescinded. 

11 SEC. 1534. Notwithstanding section 1101, the level 

12 for ‘‘Executive Office of the President and Funds Appro13 priated to the President, Office of National Drug Control 

14 Policy, Other Federal Drug Control Programs’’ shall be 

15 $96,425,000, of which $85,500,000 shall be for the Drug16 Free Communities Program; $9,025,000 shall be for anti17 doping activities; and the matter related to a national 

18 media campaign, the National Drug Court Institute, the 

19 United States Anti-Doping Agency, Model State Drug 

20 Laws and performance measures shall not apply to the 

21 funds appropriated by this division. 

22 SEC. 1535. Notwithstanding section 1101, none of 

23 the funds appropriated by this division under heading 

24 ‘‘Executive Office of the President and Funds Appro25 priated to the President’’ shall be for an Assistant to the 


emcdonald on DSK2BSOYB1PROD with BILLS
232 

•HR 1 IH

1 President for Energy and Climate Change, or any sub2 stantially similar position. 

3 SEC. 1536. Notwithstanding section 1101, none of 

4 the funds appropriated by this division under the heading 

5 ‘‘Executive Office of the President and Funds Appro6 priated to the President’’ shall be for the Director of the 

7 Office of Health Care Reform, or any substantially similar 

8 position. 

9 SEC. 1537. 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. 1538. 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 $4,860,585,000. 

16 SEC. 1539. Notwithstanding section 1101, the level 

17 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

18 and Other Judicial Services, Fees of Jurors and Commis19 sioners’’ shall be $52,410,000. 

20 SEC. 1540. Notwithstanding section 1101, the level 

21 for ‘‘The Judiciary, Administrative Office of the United 

22 States Courts, Salaries and Expenses’’ shall be 

23 $82,575,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
233 

•HR 1 IH

1 SEC. 1541. Notwithstanding section 1101, the level 

2 for ‘‘The Judiciary, Federal Judicial Center, Salaries and 

3 Expenses’’ shall be $27,078,000. 

4 SEC. 1542. Notwithstanding section 1101, the level 

5 for ‘‘The Judiciary, United States Sentencing Commis6 sion, Salaries and Expenses’’ shall be $16,737,000. 

7 SEC. 1543. Notwithstanding section 1101, the level 

8 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

9 and Other Judicial Services, Court Security’’ shall be 

10 $467,607,000. 

11 SEC. 1544. The amount included in the second para12 graph under the heading ‘‘The Judiciary, Courts of Ap13 peals, District Courts, and Other Judicial Services, Sala14 ries and Expenses’’ in division C of Public Law 111–117 

15 shall be applied to funds appropriated by this division by 

16 substituting ‘‘$4,785,000’’ for ‘‘$5,428,000’’. 

17 SEC. 1545. Of the unobligated balances available for 

18 ‘‘The Judiciary, United States Sentencing Commission, 

19 Salaries and Expenses’’, $100,000 is rescinded. 

20 SEC. 1546. Section 203(c) of the Judicial Improve21 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

22 note) is amended in the third sentence (relating to the 

23 District of Kansas) by striking ‘‘19 years’’ and inserting 

24 ‘‘20 years’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
234 

•HR 1 IH

1 SEC. 1547. Notwithstanding section 1101, the level 

2 for ‘‘District of Columbia, Federal Funds, Federal Pay3 ment to the District of Columbia Courts’’ shall be 

4 $235,660,000, of which $50,000,000 shall be for capital 

5 improvements. 

6 SEC. 1548. (a) Notwithstanding section 1101, the 

7 level for ‘‘District of Columbia, Federal Funds, Federal 

8 Payment for School Improvement’’ shall be $60,000,000, 

9 of which $24,500,000 shall be for the District of Columbia 

10 Public Schools, $20,000,000 shall be to expand quality 

11 public charter schools, and $15,500,000 shall be for op12 portunity scholarships, and the second reference to 

13 ‘‘$1,000,000’’ under such heading shall be applied to 

14 funds appropriated by this division by substituting ‘‘$0’’. 

15 (b) The authority and conditions provided in the Dis16 trict of Columbia Appropriations Act, 2010 (Public Law 

17 111–117; 123 Stat. 3181) under the heading described in 

18 subsection (a) shall apply with respect to the funds made 

19 available under this division, with the following modifica20 tions: 

21 (1) The first proviso under such heading shall 

22 not apply. 

23 (2) Notwithstanding the second proviso under 

24 such heading, the funds may be made available for 

25 scholarships to students, without regard to whether 


emcdonald on DSK2BSOYB1PROD with BILLS
235 

•HR 1 IH

1 any student received a scholarship in any prior 

2 school year. 

3 (3) The fourth proviso under such heading shall 

4 not apply. 

5 (4) Notwithstanding the fifth proviso under 

6 such heading, the Secretary of Education shall en7 sure that site inspections of participating schools are 

8 conducted annually. 

9 SEC. 1549. Notwithstanding section 1101, the level 

10 for ‘‘District of Columbia, Federal Funds, Federal Pay11 ment to the District of Columbia Water and Sewer Au12 thority’’ shall be $10,000,000. 

13 SEC. 1550. Notwithstanding section 1101, the level 

14 for ‘‘District of Columbia, Federal Funds, Federal Pay15 ment to the Criminal Justice Coordinating Council’’ shall 

16 be $1,800,000. 

17 SEC. 1551. Notwithstanding section 1101, the level 

18 for ‘‘District of Columbia, Federal Funds, Federal Pay19 ment to the Office of the Chief Financial Officer for the 

20 District of Columbia’’ shall be $0. 

21 SEC. 1552. Notwithstanding section 1101, the level 

22 for ‘‘District of Columbia, Federal Funds, Federal Pay23 ment for Consolidated Laboratory Facility’’ shall be $0. 

24 SEC. 1553. Notwithstanding section 1101, the level 

25 for ‘‘District of Columbia, Federal Funds, Federal PayVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
236 

•HR 1 IH

1 ment for Housing for the Homeless’’ shall be 

2 $10,000,000. 

3 SEC. 1554. Notwithstanding section 1101, the level 

4 for ‘‘District of Columbia, Federal Funds, Federal Pay5 ment for Youth Services’’ shall be $0. 

6 SEC. 1555. Notwithstanding any other provision of 

7 this division, except section 1106, the District of Columbia 

8 may expend local funds for programs and activities under 

9 the heading ‘‘District of Columbia Funds’’ for such pro10 grams and activities under title IV of S. 3677 (111th Con11 gress), as reported by the Committee on Appropriations 

12 of the Senate, at the rate set forth under ‘‘District of Co13 lumbia Funds’’ as included in the Fiscal Year 2011 Budg14 et Request Act (D.C. Act 18–448), as modified as of the 

15 date of the enactment of this division. 

16 SEC. 1556. Notwithstanding section 1101, the level 

17 for ‘‘Independent Agencies, Christopher Columbus Fellow18 ship Foundation, Salaries and Expenses’’ shall be 

19 $500,000. 

20 SEC. 1557. Notwithstanding section 1101, the level 

21 for ‘‘Independent Agencies, Election Assistance Commis22 sion, Election Reform Programs’’ shall be $0. 

23 SEC. 1558. Notwithstanding section 1101, the level 

24 for ‘‘Independent Agencies, General Service AdministraVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
237 

•HR 1 IH

1 tion, General Activities, Government-Wide Policy’’ shall be 

2 $59,068,000. 

3 SEC. 1559. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, Federal Deposit Insurance 

5 Corporation, Office of the Inspector General’’ shall be 

6 $42,942,000. 

7 SEC. 1560. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, Federal Labor Relations Au9 thority, Salaries and Expenses’’ shall be $24,500,000. 

10 SEC. 1561. Notwithstanding section 1101, the level 

11 for ‘‘Independent Agencies, General Services Administra12 tion, Electronic Government Fund’’ shall be $2,000,000. 

13 SEC. 1562. Notwithstanding section 1101, the level 

14 for ‘‘Independent Agencies, General Services Administra15 tion, Federal Citizen Services Fund’’ shall be 

16 $34,689,000. 

17 SEC. 1563. Notwithstanding section 1101, the level 

18 for ‘‘Independent Agencies, Federal Election Commission, 

19 Salaries and Expenses’’ shall be $65,835,000. 

20 SEC. 1564. Notwithstanding section 1101, the level 

21 for ‘‘Independent Agencies, Federal Trade Commission, 

22 Salaries and Expenses’’ shall be $288,783,000. 

23 SEC. 1565. Notwithstanding section 1101, the level 

24 for ‘‘Independent Agencies, Morris K. Udall and Stewart 


emcdonald on DSK2BSOYB1PROD with BILLS
238 

•HR 1 IH

1 Udall Foundation, Morris K. Udall and Stewart Udall 

2 Trust Fund’’ shall be $1,000,000. 

3 SEC. 1566. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, National Credit Union Admin5 istration, Community Development Revolving Loan Fund’’ 

6 shall be $500,000. 

7 SEC. 1567. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, Privacy and Civil Liberties 

9 Oversight Board, Salaries and Expenses’’ shall be 

10 $100,000. 

11 SEC. 1568. Notwithstanding section 1101, the level 

12 for ‘‘Independent Agencies, Consumer Product Safety 

13 Commission, Salaries and Expenses’’ shall be 

14 $115,018,000, of which $500,000 shall be for the Virginia 

15 Graeme Baker Pool and Spa Safety Act grant program. 

16 SEC. 1569. Of the unobligated balances available 

17 under the heading ‘‘Independent Agencies, Consumer 

18 Product Safety Commission, Salaries and Expenses’’ for 

19 the Virginia Graeme Baker Pool and Spa Safety Act grant 

20 program, $2,000,000 is rescinded. 

21 SEC. 1570. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, Election Assistance Commis23 sion, Salaries and Expenses’’ shall be $15,020,000, of 

24 which $2,345,000 shall be transferred to the National In25 stitute of Standards and Technology for election reform 


emcdonald on DSK2BSOYB1PROD with BILLS
239 

•HR 1 IH

1 activities authorized under the Help America Vote Act of 

2 2002 (Public Law 107–252), the level under such heading 

3 for the Help America Vote College Program shall be $0, 

4 and the level under such heading for a competitive grant 

5 program to support community involvement in student 

6 and parent mock elections shall be $0. 

7 SEC. 1571. Of the unobligated balances available for 

8 ‘‘Independent Agencies, Election Assistance Commission, 

9 Election Reform Programs’’, $5,000,000 is rescinded. 

10 SEC. 1572. Notwithstanding section 1101, the aggre11 gate amount of new obligational authority provided under 

12 the heading ‘‘Independent Agencies, General Services Ad13 ministration, Real Property Activities, Federal Buildings 

14 Fund, Limitations on Availability of Revenue’’ for Federal 

15 buildings and courthouses and other purposes of the Fund 

16 shall be $7,428,007,000, of which (1) $0 is for ‘‘Construc17 tion and Acquisition’’; and (2) $280,000,000 is for ‘‘Re18 pairs and Alterations’’, of which $260,000,000 is for basic 

19 repairs and alterations and $20,000,000 is for fire and 

20 life safety programs. 

21 SEC. 1573. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, General Services Administra23 tion, General Activities, Operating Expenses’’ shall be 

24 $71,381,000 and matters pertaining to the amount of 


emcdonald on DSK2BSOYB1PROD with BILLS
240 

•HR 1 IH

1 $1,000,000 shall not apply to funds appropriated by this 

2 division. 

3 SEC. 1574. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, National Archives and 

5 Records Administration, Operating Expenses’’ shall be 

6 $336,372,000. 

7 SEC. 1575. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, National Archives and 

9 Records Administration, Electronic Records Archives’’ 

10 shall be $72,000,000, of which $52,500,000 shall remain 

11 available until September 30, 2013. 

12 SEC. 1576. Notwithstanding section 1101, the level 

13 for ‘‘Independent Agencies, National Archives and 

14 Records Administration, Repairs and Restoration’’ shall 

15 be $11,730,000. 

16 SEC. 1577. Notwithstanding section 1101, the level 

17 for ‘‘Independent Agencies, National Archives and 

18 Records Administration, National Historical Publications 

19 and Records Commission, Grants Program’’ shall be 

20 $4,000,000. 

21 SEC. 1578. Of the unobligated balances available 

22 under the heading ‘‘Independent Agencies, National Ar23 chives and Records Administration, Repairs and Restora24 tion’’ $3,198,000 is rescinded, which shall be derived from 


emcdonald on DSK2BSOYB1PROD with BILLS
241 

•HR 1 IH

1 amounts made available for a new regional archives and 

2 records facility in Anchorage, Alaska. 

3 SEC. 1579. The amounts included under the heading 

4 ‘‘Independent Agencies, Merit Systems Protection Board, 

5 Salaries and Expenses’’ in division C of Public Law 111– 

6 117 shall be applied to funds appropriated by this division 

7 by substituting ‘‘$39,000,000’’ for ‘‘$40,339,000’’. 

8 SEC. 1580. The amounts included under the heading 

9 ‘‘Independent Agencies, Office of Personnel Management, 

10 Salaries and Expenses’’ in division C of Public Law 111– 

11 117 shall be applied to funds appropriated by this division 

12 as follows: 

13 (1) By substituting ‘‘$101,270,000’’ for 

14 ‘‘$102,970,000’’. 

15 (2) By substituting ‘‘$111,038,000’’ for 

16 ‘‘$112,738,000’’. 

17 SEC. 1581. The amounts included under the heading 

18 ‘‘Independent Agencies, Office of Personnel Management, 

19 Office of Inspector General’’ in division C of Public Law 

20 111–117 shall be applied to funds appropriated by this 

21 division as follows: 

22 (1) By substituting ‘‘$2,136,000’’ for 

23 ‘‘$3,148,000’’. 

24 (2) By substituting ‘‘20,428,000’’ for 

25 ‘‘21,215,000’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
242 

•HR 1 IH

1 SEC. 1582. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, Office of Special Counsel, Sal3 aries and Expenses’’ shall be $18,300,000. 

4 SEC. 1583. Of the unobligated balances available for 

5 ‘‘Independent Agencies, Privacy and Civil Liberties Over6 sight Board, Salaries and Expenses’’, $1,500,000 is re7 scinded. 

8 SEC. 1584. Notwithstanding section 1101, the level 

9 provided under section 523 of division C of Public Law 

10 111–117 shall be $0. 

11 SEC. 1585. Notwithstanding section 1101, the level 

12 for ‘‘Independent Agencies, Small Business Administra13 tion, Salaries and Expenses’’ shall be $408,438,000. 

14 SEC. 1586. The amounts included under the heading 

15 ‘‘Independent Agencies, United States Postal Service, 

16 Payment to the Postal Service Fund’’ in division C of Pub17 lic Law 111–117 shall be applied to funds appropriated 

18 by this division as follows: 

19 (1) By substituting ‘‘$103,905,000’’ for 

20 ‘‘$118,328,000’’. 

21 (2) By substituting ‘‘$74,905,000’’ for 

22 ‘‘$89,328,000’’. 

23 (3) By substituting ‘‘2011’’ for ‘‘2010’’. 

24 SEC. 1587. Notwithstanding section 1101, the level 

25 for ‘‘Independent Agencies, Securities and Exchange ComVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
243 

•HR 1 IH

1 mission, Salaries and Expenses’’ shall be $1,069,916,000 

2 and the proviso pertaining to prior year unobligated bal3 ances shall not apply to funds appropriated by this divi4 sion. 

5 SEC. 1588. Notwithstanding section 1101, the level 

6 for ‘‘Independent Agencies, Selective Service System, Sal7 aries and Expenses’’ shall be $24,032,000. 

8 SEC. 1589. Notwithstanding section 1101, the level 

9 for ‘‘Independent Agencies, United States Tax Court, Sal10 aries and Expenses’’ shall be $52,093,000, of which 

11 $2,852,000 shall be for security improvements. 

12 SEC. 1590. Section 814 of division C of Public Law 

13 111–117 shall be applied to funds appropriated by this 

14 division by striking ‘‘Federal’’. 

15 SEC. 1591. (a) Notwithstanding section 1101, and 

16 section 810 of division C of Public Law 111–117, none 

17 of the funds contained in this division may be used for 

18 any program of distributing sterile needles or syringes for 

19 the hypodermic injection of any illegal drug. 

20 (b) Any individual or entity who receives any funds 

21 contained in this division and who carries out any program 

22 described in subsection (a) shall account for all funds used 

23 for such program separately from any funds contained in 

24 this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
244 

•HR 1 IH

1 TITLE VI—HOMELAND SECURITY 

2 SEC. 1601. Within 30 days after the date of enact3 ment of this division, the Department of Homeland Secu4 rity shall submit to the Committees on Appropriations of 

5 the Senate and the House of Representatives an expendi6 ture plan for fiscal year 2011 that displays the level of 

7 funding by program, project, and activity consistent with 

8 the table of detailed funding recommendations contained 

9 at the end of the joint explanatory statement accom10 panying the Department of Homeland Security Appropria11 tions Act, 2010 (Public Law 111–83). 

12 SEC. 1602. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, Office of the Sec14 retary and Executive Management’’ shall be 

15 $136,818,000. 

16 SEC. 1603. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Office of the 

18 Under Secretary for Management’’ shall be $239,933,000. 

19 SEC. 1604. Notwithstanding section 1101, the level 

20 for ‘‘Department of Homeland Security, Office of the 

21 Chief Information Officer’’ shall be $333,393,000, of 

22 which not less than $77,788,000 shall be available for data 

23 center development and migration. 


emcdonald on DSK2BSOYB1PROD with BILLS
245 

•HR 1 IH

1 SEC. 1605. 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. 1606. 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 maintain an active duty presence of 

9 not fewer than 20,500 full-time equivalent agents through10 out the fiscal year. 

11 SEC. 1607. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, U.S. Customs 

13 and Border Protection, Automation Modernization’’ shall 

14 be $341,575,000, of which $153,090,000 shall be for the 

15 Automated Commercial Environment. 

16 SEC. 1608. (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 $450,000,000. 

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
246 

•HR 1 IH

1 SEC. 1609. 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. 1610. 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 $241,040,000. 

10 SEC. 1611. Notwithstanding section 1101, the level 

11 for ‘‘Department of Homeland Security, U.S. Immigration 

12 and Customs Enforcement, Salaries and Expenses’’ shall 

13 be $5,399,894,000: 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. 1612. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, U.S. Immigration 

18 and Customs Enforcement, Automation Modernization’’ 

19 shall be $75,000,000. 

20 SEC. 1613. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, U.S. Immigration 

22 and Customs Enforcement, Construction’’ shall be $0. 

23 SEC. 1614. Notwithstanding section 1101, the level 

24 for ‘‘Department of Homeland Security, Transportation 

25 Security Administration, Aviation Security’’ shall be 


emcdonald on DSK2BSOYB1PROD with BILLS
247 

•HR 1 IH

1 $5,113,796,000: 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 ‘‘$5,113,796,000’’ for ‘‘$5,214,040,000’’; by 

5 substituting ‘‘$4,121,329,000’’ for ‘‘$4,358,076,000’’; by 

6 substituting ‘‘$607,891,000’’ for ‘‘$1,116,406,000’’; by 

7 substituting ‘‘$992,467,000’’ for ‘‘$855,964,000’’; by sub8 stituting ‘‘$291,266,000’’ for ‘‘$778,300,000’’; by sub9 stituting ‘‘9 percent’’ for ‘‘28 percent’’; and by sub10 stituting ‘‘$3,013,796,000’’ 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 not later than 

16 August 15, 2011, the Secretary of Homeland Security 

17 shall submit a detailed report on (1) the Department’s ef18 forts and the resources being devoted to develop more ad19 vanced, integrated passenger screening technologies for 

20 the most effective security of passengers and baggage at 

21 the lowest possible operating and acquisition costs, and 

22 (2) how the Transportation Security Administration is de23 ploying its existing screener workforce in the most cost24 effective manner. 


emcdonald on DSK2BSOYB1PROD with BILLS
248 

•HR 1 IH

1 SEC. 1615. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Transportation 

3 Security Administration, Surface Transportation Secu4 rity’’ shall be $105,961,000. 

5 SEC. 1616. Notwithstanding section 1101, the level 

6 for ‘‘Department of Homeland Security, Transportation 

7 Security Administration, Transportation Threat Assess8 ment and Credentialing’’ shall be $162,999,000. 

9 SEC. 1617. Notwithstanding section 1101, the level 

10 for ‘‘Department of Homeland Security, Transportation 

11 Security Administration, Transportation Security Sup12 port’’ shall be $988,638,000: Provided, That within ‘‘De13 partment of Homeland Security, Transportation Security 

14 Administration, Transportation Security Support’’, fund15 ing for intelligence and international programs shall be no 

16 less than the level provided for such purposes for fiscal 

17 year 2010: Provided further, That within ‘‘Department of 

18 Homeland Security, Transportation Security Administra19 tion, Transportation Security Support’’, funding for head20 quarters administration and information technology shall 

21 not exceed $705,239,000. 

22 SEC. 1618. Notwithstanding section 1101, the level 

23 for ‘‘Department of Homeland Security, Transportation 

24 Security Administration, Federal Air Marshals’’ shall be 

25 $934,802,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
249 

•HR 1 IH

1 SEC. 1619. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Coast Guard, Op3 erating Expenses’’ shall be $6,885,432,000 of which 

4 $241,503,000 is designated as being for contingency oper5 ations directly related to the global war on terrorism pur6 suant 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): Provided, 

9 That the Coast Guard may decommission one Medium En10 durance Cutter, two High Endurance Cutters, four HU– 

11 25 aircraft, and one Maritime Safety and Security Team, 

12 and may make necessary staffing adjustments at the 

13 Coast Guard Investigative Service and other support 

14 units, as specified in the budget justification materials for 

15 fiscal year 2011 as submitted to the Committees on Ap16 propriations of the Senate and House of Representatives: 

17 Provided further, That the Coast Guard shall submit a fu18 ture-years capital investment plan, as specified in the De19 partment of Homeland Security Appropriations Act, 2010 

20 (Public Law 111–83), for fiscal years 2012 through 2016 

21 to the Committees on Appropriations of the Senate and 

22 House of Representatives in conjunction with the budget 

23 justification materials for fiscal year 2012. 

24 SEC. 1620. Notwithstanding section 1101, the level 

25 for ‘‘Department of Homeland Security, Coast Guard, AcVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
250 

•HR 1 IH

1 quisition, Construction, and Improvements’’ shall be 

2 $1,427,783,000, of which $42,000,000 shall be for vessels, 

3 small boats, critical infrastructure, and related equipment; 

4 of which $36,000,000 shall be for other equipment; of 

5 which $49,200,000 shall be for shore facilities and aids 

6 to navigation facilities; of which $106,083,000 shall be 

7 available for personnel compensation and benefits and re8 lated costs; and of which $1,194,500,000 shall be for the 

9 Integrated Deepwater Systems program: Provided, That 

10 of the funds made available for the Integrated Deepwater 

11 Systems program, $101,000,000 is for aircraft and 

12 $938,000,000 is for surface ships. 

13 SEC. 1621. Notwithstanding section 1101, the level 

14 for ‘‘Department of Homeland Security, Coast Guard, Al15 teration of Bridges’’ shall be $0. 

16 SEC. 1622. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, United States Se18 cret Service, Salaries and Expenses’’ shall be 

19 $1,499,669,000. 

20 SEC. 1623. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, National Protec22 tion and Programs Directorate, Management and Admin23 istration’’ shall be $43,577,000. 

24 SEC. 1624. Notwithstanding section 1101, the level 

25 for ‘‘Department of Homeland Security, National ProtecVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
251 

•HR 1 IH

1 tion and Programs Directorate, Infrastructure Protection 

2 and Information Security’’ shall be $805,965,000. 

3 SEC. 1625. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, National Protec5 tion and Programs Directorate, United States Visitor and 

6 Immigrant Status Indicator Technology’’ shall be 

7 $334,613,000. 

8 SEC. 1626. Notwithstanding section 1101, the level 

9 for ‘‘Department of Homeland Security, Office of Health 

10 Affairs’’ shall be $134,250,000. 

11 SEC. 1627. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, Federal Emer13 gency Management Agency, Management and Administra14 tion’’ shall be $773,350,000, of which $0 shall be for cap15 ital improvements at the Mount Weather Emergency Op16 erations Center. 

17 SEC. 1628. Notwithstanding section 1101, the level 

18 for ‘‘Department of Homeland Security, Federal Emer19 gency Management Agency, State and Local Programs’’ 

20 shall be $2,149,500,000: Provided, That of the amount 

21 provided by this division for the State Homeland Security 

22 Grant Program under such heading, $50,000,000 shall be 

23 for the Driver’s License Security Grant Program and 

24 $10,000,000 shall be for the Citizen Corps Program: Pro25 vided further, That the amounts provided by this division 


emcdonald on DSK2BSOYB1PROD with BILLS
252 

•HR 1 IH

1 for the Citizen Corps Program under such heading shall 

2 not be subject to the requirements of subtitle A of title 

3 XX of the Homeland Security Act of 2002 (6 U.S.C. 603 

4 et seq.): Provided further, That the amounts included 

5 under such heading in Public Law 111–83 shall be applied 

6 to funds appropriated by this division as follows: in para7 graph (1), by substituting ‘‘$900,000,000’’ for 

8 ‘‘$950,000,000’’; in paragraph (2), by substituting 

9 ‘‘$800,000,000’’ for ‘‘$887,000,000’’; in paragraph (3), 

10 by substituting ‘‘$0’’ for ‘‘$35,000,000’’; in paragraph 

11 (5), by substituting ‘‘$0’’ for ‘‘$13,000,000’’; in para12 graph (6), by substituting ‘‘$100,000,000’’ for 

13 ‘‘$300,000,000’’; in paragraph (7), by substituting 

14 ‘‘$100,000,000’’ for ‘‘$300,000,000’’; in paragraph (8), 

15 by substituting ‘‘$5,000,000’’ for ‘‘$12,000,000’’; in para16 graph (9), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; in 

17 paragraph (10), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; 

18 in paragraph (11), by substituting ‘‘$0’’ for 

19 ‘‘$50,000,000’’; in paragraph (12), by substituting ‘‘$0’’ 

20 for each amount in such paragraph; in paragraph (13), 

21 by substituting ‘‘$203,500,000’’ for ‘‘$267,200,000’’; in 

22 paragraph (13)(A), by substituting ‘‘$112,500,000’’ for 

23 ‘‘$164,500,000’’; in paragraph (13)(B), by substituting 

24 ‘‘$0’’ for ‘‘$1,700,000’’; and in paragraph (13)(C), by sub25 stituting ‘‘$0’’ for ‘‘$3,000,000’’: Provided further, That 


emcdonald on DSK2BSOYB1PROD with BILLS
253 

•HR 1 IH

1 4.5 percent of the amount provided for ‘‘Department of 

2 Homeland Security, Federal Emergency Management 

3 Agency, State and Local Programs’’ by this division shall 

4 be transferred to ‘‘Department of Homeland Security, 

5 Federal Emergency Management Agency, Management 

6 and Administration’’ for program administration. 

7 SEC. 1629. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Federal Emer9 gency Management Agency, Firefighter Assistance 

10 Grants’’ for programs authorized by the Federal Fire Pre11 vention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

12 shall be $300,000,000, of which $300,000,000 shall be 

13 available to carry out section 33 of that Act (15 U.S.C. 

14 2229) and $0 shall be available to carry out section 34 

15 of that Act (15 U.S.C. 2229a). 

16 SEC. 1630. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, Federal Emer18 gency Management Agency, Emergency Management Per19 formance Grants’’ shall be $300,000,000. 

20 SEC. 1631. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Federal Emer22 gency Management Agency, Disaster Relief’’ shall be 

23 $3,165,000,000. 

24 SEC. 1632. Notwithstanding section 1101, in fiscal 

25 year 2011, funds shall not be available from the National 


emcdonald on DSK2BSOYB1PROD with BILLS
254 

•HR 1 IH

1 Flood Insurance Fund under section 1310 of the National 

2 Flood Insurance Act of 1968 (42 U.S.C. 4017) for oper3 ating expenses in excess of $110,000,000, and for agents’ 

4 commissions and taxes in excess of $963,339,000: Pro5 vided, That notwithstanding section 1101, for activities 

6 under the National Flood Insurance Act of 1968 (42 

7 U.S.C. 4001 et seq.) and the Flood Disaster Protection 

8 Act of 1973 (42 U.S.C. 4001 et seq.), the level shall be 

9 $169,000,000, which shall be derived from offsetting col10 lections assessed and collected under 1308(d) of the Na11 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 

12 of which not to exceed $22,145,000 shall be available for 

13 salaries and expenses associated with flood mitigation and 

14 flood insurance operations; and not less than 

15 $146,855,000 shall be available for floodplain manage16 ment and flood mapping, which shall remain available 

17 until September 30, 2012. 

18 SEC. 1633. Notwithstanding section 1101, the level 

19 for ‘‘Department of Homeland Security, Federal Emer20 gency Management Agency, National Predisaster Mitiga21 tion Fund’’ shall be $65,000,000. 

22 SEC. 1634. Notwithstanding section 1101, the level 

23 for ‘‘Department of Homeland Security, Federal Emer24 gency Management Agency, Emergency Food and Shel25 ter’’ shall be $100,000,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
255 

•HR 1 IH

1 SEC. 1635. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, United States 

3 Citizenship and Immigration Services’’ shall be 

4 $275,776,000, of which $151,376,000 is for processing 

5 applications for asylum and refugee status, and of which 

6 $103,400,000 shall be for the E–Verify Program: Pro7 vided, That none of the funds made available under this 

8 heading may be used for grants for immigrant integration. 

9 SEC. 1636. Notwithstanding section 1101, the level 

10 for ‘‘Department of Homeland Security, Federal Law En11 forcement Training Center, Acquisitions, Construction, 

12 Improvements, and Related Expenses’’ shall be 

13 $38,456,000. 

14 SEC. 1637. Notwithstanding section 1101, the level 

15 for ‘‘Department of Homeland Security, Science and 

16 Technology, Management and Administration’’ shall be 

17 $141,200,000. 

18 SEC. 1638. Notwithstanding section 1101, the level 

19 for ‘‘Department of Homeland Security, Science and 

20 Technology, Research, Development, Acquisition, and Op21 erations’’ shall be $778,906,000: Provided, That the final 

22 proviso included under the heading ‘‘Department of 

23 Homeland Security, Science and Technology, Research, 

24 Development, Acquisition, and Operations’’ in the DepartVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
256 

•HR 1 IH

1 ment of Homeland Security Appropriations Act, 2010 

2 (Public Law 111–83) shall have no force or effect. 

3 SEC. 1639. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, Domestic Nuclear 

5 Detection Office, Management and Administration’’ shall 

6 be $36,992,000. 

7 SEC. 1640. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Domestic Nuclear 

9 Detection Office, Research, Development, and Oper10 ations’’ shall be $293,537,000. 

11 SEC. 1641. (a) Section 560 of Public Law 111–83 

12 shall not apply to funds appropriated by this division. 

13 (b) Upon completion of 50 percent of design planning 

14 for the National Bio- and Agro-Defense Facility, and prior 

15 to construction of that facility, the Department of Home16 land Security shall submit to the Committees on Appro17 priations of the Senate and the House of Representatives 

18 a revised site-specific biosafety and biosecurity mitigation 

19 risk assessment that describes how to significantly reduce 

20 risks of conducting essential research and diagnostic test21 ing at the National Bio- and Agro-Defense Facility and 

22 addresses shortcomings identified in the National Acad23 emy of Sciences’ evaluation of the initial site-specific bio24 safety and biosecurity mitigation risk assessment. 


emcdonald on DSK2BSOYB1PROD with BILLS
257 

•HR 1 IH

1 (c) The revised site-specific biosafety and biosecurity 

2 mitigation risk assessment required by subsection (b) 

3 shall— 

4 (1) include a quantitative risk assessment for 

5 foot-and-mouth disease virus, in particular epidemio6 logical and economic impact modeling to determine 

7 the overall risk of operating the facility for its ex8 pected 50-year life span, taking into account strate9 gies to mitigate risk of foot-and-mouth disease virus 

10 release from the laboratory and ensure safe oper11 ations at the approved National Bio- and Agro-De12 fense Facility site; 

13 (2) address the impact of surveillance, response, 

14 and mitigation plans (developed in consultation with 

15 local, State, and Federal authorities and appropriate 

16 stakeholders) if a release occurs, to detect and con17 trol the spread of disease; and 

18 (3) include overall risks of the most dangerous 

19 pathogens the Department of Homeland Security ex20 pects to hold in the National Bio- and Agro-Defense 

21 Facility’s biosafety level 4 facility, and effectiveness 

22 of mitigation strategies to reduce those risks. 

23 (d) The Department of Homeland Security shall 

24 enter into a contract with the National Academy of 

25 Sciences to evaluate the adequacy and validity of the risk 


emcdonald on DSK2BSOYB1PROD with BILLS
258 

•HR 1 IH

1 assessment required by subsection (b). The National 

2 Academy of Sciences shall submit a report on such evalua3 tion within four months after the date the Department 

4 of Homeland Security concludes its risk assessment. 

5 SEC. 1642. Section 503 of the Department of Home6 land Security Appropriations Act, 2010 (Public Law 111– 

7 83) is amended by adding at the end the following: 

8 ‘‘(e) The notification thresholds and procedures set 

9 forth in this section shall apply to deviations from the 

10 amounts designated for specific activities in this Act and 

11 accompanying statement, and to any use of deobligated 

12 balances of funds provided under this title in previous 

13 years.’’. 

14 SEC. 1643. For fiscal year 2011, sections 529, 541, 

15 and 545 of the Department of Homeland Security Appro16 priations Act, 2010 (Public Law 111–83; 123 Stat. 2174, 

17 2176) shall have no force or effect. 

18 SEC. 1644. Section 831 of the Homeland Security 

19 Act of 2002 (6 U.S.C. 391) is amended— 

20 (1) in subsection (a), by striking ‘‘Until Sep21 tember 30, 2010,’’ and inserting ‘‘Until September 

22 30, 2011,’’; and 

23 (2) in subsection (d)(1), by striking ‘‘September 

24 30, 2010,’’ and inserting ‘‘September 30, 2011,’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
259 

•HR 1 IH

1 SEC. 1645. Section 532(a) of Public Law 109–295 

2 (120 Stat. 1384) is amended by striking ‘‘2010’’ and in3 serting ‘‘2011’’. 

4 SEC. 1646. Of the funds transferred to the Depart5 ment of Homeland Security when it was created in 2003, 

6 the following funds are hereby rescinded from the fol7 lowing accounts and programs in the specified amounts: 

8 (1) ‘‘Operations’’, $1,891,657; 

9 (2) ‘‘Violent Crime Reduction Program’’, 

10 $4,912,245; 

11 (3) ‘‘U.S. Customs and Border Protection, Sal12 aries and Expenses’’, $21,210,423; and 

13 (4) ‘‘Office for Domestic Preparedness’’, 

14 $10,568,964. 

15 SEC. 1647. The following unobligated balances made 

16 available to the Department of Homeland Security pursu17 ant to section 505 of Department of Homeland Security 

18 Appropriations Act, 2010 (Public Law 111–83; 123 Stat. 

19 2174) are rescinded: $886,665 from ‘‘Office of the Sec20 retary and Executive Management’’; $604,342 from ‘‘Of21 fice of the Under Secretary for Management’’; $24,379 

22 from the ‘‘Office of the Chief Financial Officer’’; $29,741 

23 from ‘‘Office of the Chief Information Officer’’; $218,173 

24 from ‘‘Analysis and Operations’’; $76,498 from ‘‘Office of 

25 the Federal Coordinator for Gulf Coast Rebuilding’’; 


emcdonald on DSK2BSOYB1PROD with BILLS
260 

•HR 1 IH

1 $197,272 from ‘‘Office of Inspector General’’; 

2 $11,373,129 from ‘‘U.S. Customs and Border Protection, 

3 Salaries and Expenses’’; $691,552 from ‘‘U.S. Immigra4 tion and Customs Enforcement, Salaries and Expenses’’; 

5 $2,555,962 from ‘‘Transportation Security Administra6 tion, Federal Air Marshals’’; $8,617,331 from ‘‘Coast 

7 Guard, Operating Expenses’’; $2,965,312 from ‘‘Coast 

8 Guard, Reserve Training’’; $83,784 from ‘‘National Pro9 tection and Programs Directorate, Management and Ad10 ministration’’; $551,737 from ‘‘National Protection and 

11 Programs Directorate, Infrastructure Protection and In12 formation Security’’; $704,700 from ‘‘United States Se13 cret Service, Salaries and Expenses’’; $863,628 from 

14 ‘‘Federal Emergency Management Agency, Management 

15 and Administration’’; $864,660 from ‘‘Office of Health 

16 Affairs’’; $7,945,983 from ‘‘United States Citizenship and 

17 Immigration Services’’; $960,828 from ‘‘Federal Law En18 forcement Training Center, Salaries and Expenses’’; 

19 $353,524 from ‘‘Science and Technology, Management 

20 and Administration’’; and $45,468 from ‘‘Domestic Nu21 clear Detection Office, Management and Administration’’. 

22 SEC. 1648. 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: 


emcdonald on DSK2BSOYB1PROD with BILLS
261 

•HR 1 IH

1 (1) ‘‘Department of Homeland Security, U.S. 

2 Customs and Border Protection, Automation Mod3 ernization’’, $10,000,000. 

4 (2) ‘‘Department of Homeland Security, U.S. 

5 Customs and Border Protection, Border Security 

6 Fencing, Infrastructure, and Technology’’, 

7 $119,000,000. 

8 (3) ‘‘Department of Homeland Security, Office 

9 of Health Affairs’’, $5,562,000. 

10 (4) ‘‘Department of Homeland Security, Fed11 eral Emergency Management Agency, National 

12 Predisaster Mitigation Fund’’, $18,173,641. 

13 (5) ‘‘Department of Homeland Security, 

14 Science and Technology, Research, Development, 

15 Acquisition, and Operations’’, $8,500,000. 

16 (6) ‘‘Department of Homeland Security, Do17 mestic Nuclear Detection Office, Research, Develop18 ment, and Operations’’, $17,100,000. 

19 (7) ‘‘Department of Homeland Security, Coast 

20 Guard, Acquisition, Construction, and Improve21 ments’’, $1,122,000. 

22 SEC. 1649. Of the unobligated balances available for 

23 ‘‘Department of Homeland Security, U.S. Customs and 

24 Border Protection, Construction’’ for construction 

25 projects, $106,556,000 is rescinded: Provided, That the 


emcdonald on DSK2BSOYB1PROD with BILLS
262 

•HR 1 IH

1 amounts rescinded under this section shall be limited to 

2 amounts available for Border Patrol projects and facilities 

3 as recommended by the Department of Homeland Security 

4 in the fiscal year 2011 budget request. 

5 SEC. 1650. Of the unobligated balances made avail6 able under section 44945 of title 49, United States Code, 

7 $800,000 is rescinded. 

8 SEC. 1651. Of the unobligated balances available for 

9 ‘‘Department of Homeland Security, Transportation Secu10 rity Administration’’, $15,000,000 is rescinded: Provided, 

11 That the Transportation Security Administration shall not 

12 rescind any unobligated balances from the following pro13 grams: explosives detection systems; checkpoint support; 

14 aviation regulation and other enforcement; and air cargo. 

15 SEC. 1652. Of the unobligated balances available for 

16 ‘‘Department of Homeland Security, National Protection 

17 and Programs Directorate, Infrastructure Protection and 

18 Information Security’’, the following amounts are re19 scinded: 

20 (1) $6,000,000 from Next Generation Net21 works. 

22 (2) $9,600,000 to be specified in a report sub23 mitted by the Secretary of Homeland Security to the 

24 Committees on Appropriations of the Senate and the 

25 House of Representatives no later than 15 days 


emcdonald on DSK2BSOYB1PROD with BILLS
263 

•HR 1 IH

1 after the date of enactment of this division, that de2 scribes the amounts rescinded and the original pur3 pose of such funds. 

4 SEC. 1653. From the unobligated balances of funds 

5 made available in the Department of the Treasury For6 feiture Fund established by section 9703 of title 31, 

7 United States Code, that was added to such title by sec8 tion 638 of Public Law 102–393, $22,600,000 is re9 scinded. 

10 TITLE VII—INTERIOR, ENVIRONMENT, AND 

11 RELATED AGENCIES 

12 SEC. 1701. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, Bureau of Land Manage14 ment, Management of Lands and Resources’’ shall be 

15 $927,523,000: Provided, That the amounts included under 

16 such heading in division A of Public Law 111–88 shall 

17 be applied to funds appropriated by this division by sub18 stituting ‘‘$927,523,000’’ for ‘‘$959,571,000’’ the second 

19 place it appears. 

20 SEC. 1702. Notwithstanding section 1101, the level 

21 for ‘‘Department of the Interior, Bureau of Land Manage22 ment, Construction’’ shall be $2,590,000: Provided, That 

23 no less than $1,000,000 in available, unobligated prior24 year funds shall be used in addition to amounts provided 

25 by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
264 

•HR 1 IH

1 SEC. 1703. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Bureau of Land Manage3 ment, Land Acquisition’’ shall be $2,750,000: Provided, 

4 That no less than $2,250,000 in available, unobligated 

5 prior-year funds shall be used in addition to amounts pro6 vided by this division: Provided further, That the proviso 

7 under such heading in division A of Public Law 111–88 

8 shall not apply to funds appropriated by this division. 

9 SEC. 1704. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Interior, United States Fish and 

11 Wildlife Service, Resource Management’’ shall be 

12 $1,204,240,000: Provided, That the amounts included 

13 under such heading in division A of Public Law 111–88 

14 shall be applied to funds appropriated by this division as 

15 follows: by substituting ‘‘$20,945,000’’ for 

16 ‘‘$22,103,000’’; and by substituting ‘‘$10,548,000’’ for 

17 ‘‘$11,632,000’’. 

18 SEC. 1705. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, United States Fish and 

20 Wildlife Service, Construction’’ shall be $23,737,000. 

21 SEC. 1706. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Interior, United States Fish and 

23 Wildlife Service, Land Acquisition’’ shall be $15,055,000: 

24 Provided, That no less than $2,500,000 in available, unobVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
265 

•HR 1 IH

1 ligated prior-year funds shall be used in addition to 

2 amounts provided by this division. 

3 SEC. 1707. Of the unobligated amounts under the 

4 heading ‘‘Department of the Interior, United States Fish 

5 and Wildlife Service, Landowner Incentive Program’’ from 

6 prior year appropriations, all remaining amounts are re7 scinded. 

8 SEC. 1708. Notwithstanding section 1101, the level 

9 for ‘‘Department of the Interior, United States Fish and 

10 Wildlife Service, Cooperative Endangered Species Con11 servation Fund’’ shall be $2,479,000: Provided, That the 

12 amounts included under such heading in division A of 

13 Public Law 111–88 shall be applied to funds appropriated 

14 by this division as follows: by substituting ‘‘$2,479,000’’ 

15 for ‘‘$29,000,000’’; by substituting ‘‘$0’’ for 

16 ‘‘$5,145,706’’; and by substituting ‘‘$0’’ for 

17 ‘‘$56,000,000’’. 

18 SEC. 1709. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, United States Fish and 

20 Wildlife Service, North American Wetlands Conservation 

21 Fund’’ shall be $0. 

22 SEC. 1710. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, United States Fish and 

24 Wildlife Service, Neotropical Migratory Bird Conserva25 tion’’ shall be $4,430,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
266 

•HR 1 IH

1 SEC. 1711. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, United States Fish and 

3 Wildlife Service, Multinational Species Conservation 

4 Fund’’ shall be $7,875,000. 

5 SEC. 1712. Notwithstanding section 1101, the level 

6 for ‘‘Department of the Interior, United States Fish and 

7 Wildlife Service, State and Tribal Wildlife Grants’’ shall 

8 be $0. 

9 SEC. 1713. Before the end of the 60-day period be10 ginning on the date of enactment of this division, the Sec11 retary of the Interior shall reissue the final rule published 

12 on April 2, 2009 (74 Fed. Reg. 15123 et seq.) without 

13 regard to any other provision of statute or regulation that 

14 applies to issuance of such rule. Such reissuance (includ15 ing this section) shall not be subject to judicial review. 

16 SEC. 1714. Notwithstanding section 1101, the level 

17 for ‘‘Department of the Interior, National Park Service, 

18 Operation of the National Park System’’ shall be 

19 $2,237,674,000. 

20 SEC. 1715. Notwithstanding section 1101, the level 

21 for ‘‘Department of the Interior, National Park Service, 

22 Park Partnership Project Grants’’ shall be $0 and the 

23 matters pertaining to such account in division A of Public 

24 Law 111–88 shall not apply to funds appropriated by this 

25 division. 


emcdonald on DSK2BSOYB1PROD with BILLS
267 

•HR 1 IH

1 SEC. 1716. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, National Park Service, 

3 National Recreation and Preservation’’ shall be 

4 $57,829,000, of which $0 shall be for projects authorized 

5 by section 7302 of Public Law 111–11. 

6 SEC. 1717. Notwithstanding section 1101, the level 

7 for ‘‘Department of the Interior, National Park Service, 

8 Historic Preservation Fund’’ shall be $54,500,000: Pro9 vided, That the amounts included under such heading in 

10 division A of Public Law 111–88 shall be applied to funds 

11 appropriated by this division by substituting ‘‘$0’’ for 

12 ‘‘$25,000,000’’: Provided further, That the proviso under 

13 such heading in division A of Public Law 111–88 shall 

14 not apply to funds appropriated by this division. 

15 SEC. 1718. Notwithstanding section 1101, the level 

16 for ‘‘Department of the Interior, National Park Service, 

17 Construction’’ shall be $171,713,000: Provided, That the 

18 last proviso under such heading in division A of Public 

19 Law 111–88 shall not apply to funds appropriated by this 

20 division: Provided further, That of the unobligated bal21 ances available under such heading in division A of Public 

22 Law 111–88 and in prior appropriation Acts, $1,000,000 

23 is rescinded from amounts made available for the (now 

24 completed) project at Cape Hatteras National Seashore, 

25 North Carolina, and $1,000,000 is rescinded from 


emcdonald on DSK2BSOYB1PROD with BILLS
268 

•HR 1 IH

1 amounts made available for the (now completed) project 

2 at Blue Ridge Parkway, North Carolina, and such unobli3 gated balances are reduced accordingly: Provided further, 

4 That no less than $23,000,000 in available, unobligated 

5 prior-year funds shall be used in addition to amounts pro6 vided by this division. 

7 SEC. 1719. The contract authority provided for fiscal 

8 year 2011 by 16 U.S.C. 460l–10a is rescinded. 

9 SEC. 1720. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Interior, National Park Service, 

11 Land Acquisition and State Assistance’’ shall be 

12 $14,100,000: Provided, That the amounts included under 

13 such heading in division A of Public Law 111–88 shall 

14 be applied to funds appropriated by this division as fol15 lows: by substituting ‘‘$0’’ for ‘‘$40,000,000’’; and by sub16 stituting ‘‘$0’’ for ‘‘$9,000,000’’: Provided further, That 

17 no less than $3,400,000 in available, unobligated prior18 year funds shall be used in addition to amounts provided 

19 by this division: Provided further, That section 113 of divi20 sion A of Public Law 111–88 shall not apply to funds ap21 propriated by this division. 

22 SEC. 1721. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Interior, United States Geological 

24 Survey, Surveys, Investigations, and Research’’ shall be 

25 $1,086,163,000: Provided, That the amounts included 


emcdonald on DSK2BSOYB1PROD with BILLS
269 

•HR 1 IH

1 under such heading in division A of Public Law 111–88 

2 shall be applied to funds appropriated by this division as 

3 follows: by substituting ‘‘$53,500,000’’ for 

4 ‘‘$40,150,000’’; and by substituting ‘‘$4,807,000’’ for 

5 ‘‘$7,321,000’’. 

6 SEC. 1722. Notwithstanding section 1101, the level 

7 for ‘‘Department of the Interior, Minerals Management 

8 Service, Royalty and Offshore Minerals Management’’ 

9 shall be $239,478,000: Provided, That the amounts in10 cluded under such heading in division A of Public Law 

11 111–88 shall be applied to funds appropriated by this divi12 sion as follows: by substituting ‘‘$109,494,000’’ for 

13 ‘‘$89,374,000’’; and by substituting ‘‘$154,890,000’’ for 

14 ‘‘$156,730,000’’ each place it appears. 

15 SEC. 1723. Notwithstanding section 1101, the level 

16 for ‘‘Department of the Interior, Minerals Management 

17 Service, Oil Spill Research’’ shall be $10,632,000. 

18 SEC. 1724. During fiscal year 2011, the Secretary 

19 of the Interior, in order to implement a reorganization of 

20 the Bureau of Ocean Energy Management, Regulation, 

21 and Enforcement, may establish accounts and transfer 

22 funds among and between the offices and bureaus affected 

23 by the reorganization only in conformance with the House 

24 and Senate Committees on Appropriations reprogramming 


emcdonald on DSK2BSOYB1PROD with BILLS
270 

•HR 1 IH

1 guidelines described in the joint explanatory statement of 

2 managers accompanying Public Law 111–88. 

3 SEC. 1725. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

5 Operation of Indian Programs’’ shall be $2,336,865,000: 

6 Provided, That the amounts included under such heading 

7 in division A of Public Law 111–88 shall be applied to 

8 funds appropriated by this division as follows: by sub9 stituting ‘‘$220,000,000’’ for ‘‘$166,000,000’’; by sub10 stituting ‘‘$585,779,000’’ for ‘‘$568,702,000’’; and by 

11 substituting ‘‘$46,129,000’’ for ‘‘$43,373,000’’. 

12 SEC. 1726. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

14 Construction’’ shall be $216,100,000. 

15 SEC. 1727. Notwithstanding section 1101, the level 

16 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

17 Indian Land and Water Claim Settlements and Miscella18 neous Payments to Indians’’ shall be $46,480,000, of 

19 which $0 shall be for the matter pertaining to Public Law 

20 109–379. 

21 SEC. 1728. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Interior, Departmental Offices, 

23 Office of the Secretary, Salaries and Expenses’’ shall be 

24 $117,336,000: Provided, That the amounts included under 

25 such heading in division A of Public Law 111–88 shall 


emcdonald on DSK2BSOYB1PROD with BILLS
271 

•HR 1 IH

1 be applied to funds appropriated by this division by sub2 stituting ‘‘$10,636,000’’ for ‘‘$12,136,000’’. 

3 SEC. 1729. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, Departmental Offices, 

5 Insular Affairs, Assistance to Territories’’ shall be 

6 $78,516,000: Provided, That the amounts included under 

7 such heading in division A of Public Law 111–88 shall 

8 be applied to funds appropriated by this division as fol9 lows: by substituting ‘‘$69,590,000’’ for ‘‘$75,915,000’’; 

10 and by substituting ‘‘$8,926,000’’ for ‘‘$9,280,000’’. 

11 SEC. 1730. Notwithstanding section 1101, the level 

12 for ‘‘Department of the Interior, Departmental Offices, 

13 Insular Affairs, Compact of Free Association’’ shall be 

14 $5,422,000: Provided, That $2,104,000 of such funds 

15 shall be available for section 122 of division A of Public 

16 Law 111–88. 

17 SEC. 1731. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, Departmental Offices, 

19 Office of the Solicitor, Salaries and Expenses’’ shall be 

20 $64,845,000. 

21 SEC. 1732. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Interior, Departmental Offices, 

23 Office of Inspector General, Salaries and Expenses’’ shall 

24 be $48,389,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
272 

•HR 1 IH

1 SEC. 1733. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Departmental Offices, 

3 Office of the Special Trustee for American Indians, Fed4 eral Trust Programs’’ shall be $168,115,000: Provided, 

5 That the amounts included under such heading in division 

6 A of Public Law 111–88, as amended by Public Law 111– 

7 212, shall be applied to funds appropriated by this division 

8 by substituting ‘‘$31,534,000’’ for ‘‘$47,536,000’’. 

9 SEC. 1734. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Interior, Department-wide Pro11 grams, Wildland Fire Management’’ shall be 

12 $769,897,000: Provided, That the amounts included under 

13 such heading in division A of Public Law 111–88 shall 

14 be applied to funds appropriated by this division by sub15 stituting ‘‘$150,000,000’’ for ‘‘$125,000,000’’. 

16 SEC. 1735. Notwithstanding section 1101, the level 

17 for ‘‘Department of the Interior, Department-wide Pro18 grams, Natural Resource Damage Assessment and Res19 toration, Natural Resource Damage Assessment Fund’’ 

20 shall be $6,320,000. 

21 SEC. 1736. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Interior, Department-wide Pro23 grams, Working Capital Fund’’ shall be $80,119,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
273 

•HR 1 IH

1 SEC. 1737. Notwithstanding section 1101, the level 

2 for ‘‘Environmental Protection Agency, Science and Tech3 nology’’ shall be $790,510,000. 

4 SEC. 1738. Notwithstanding section 1101, the level 

5 for ‘‘Environmental Protection Agency, Environmental 

6 Programs and Management’’ shall be $2,571,099,000: 

7 Provided, That of the funds included under this heading 

8 $305,784,000 shall be for the Geographic Programs speci9 fied in the explanatory statement accompanying Public 

10 Law 111–88: Provided further, That of such amount for 

11 Geographic Programs, $225,000,000 shall be for the 

12 Great Lakes Restoration Initiative; $40,000,000 shall be 

13 for Chesapeake Bay; and $20,000,000 shall be for Puget 

14 Sound. 

15 SEC. 1739. The matter pertaining to planning and 

16 design of a high-performance green building to consolidate 

17 the multiple offices and research facilities of the Environ18 mental Protection Agency in Las Vegas, Nevada under the 

19 heading ‘‘Environmental Protection Agency, Buildings 

20 and Facilities’’ in division A of Public Law 111–88 shall 

21 not apply to funds appropriated by this division. 

22 SEC. 1740. Notwithstanding section 1101, the level 

23 for ‘‘Environmental Protection Agency, Hazardous Sub24 stance Superfund’’ shall be $1,273,765,000: Provided, 

25 That the matter under such heading in division A of PubVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
274 

•HR 1 IH

1 lic Law 111–88 shall be applied to funds appropriated by 

2 this division as follows: by substituting ‘‘$1,273,765,000’’ 

3 for ‘‘$1,306,541,000’’ the second place it appears; by sub4 stituting ‘‘September 30, 2010’’ for ‘‘September 30, 

5 2009’’; and by substituting ‘‘$24,527,000’’ for 

6 ‘‘$26,834,000’’. 

7 SEC. 1741. Notwithstanding section 1101, the level 

8 for ‘‘Environmental Protection Agency, Leaking Under9 ground Storage Tank Trust Fund Program’’ shall be 

10 $106,101,000, of which $71,671,000 shall be for carrying 

11 out leaking underground storage tank cleanup activities 

12 authorized by section 9003(h) of the Solid Waste Disposal 

13 Act (42 U.S.C. 6991b(h)). 

14 SEC. 1742. Notwithstanding section 1101, the level 

15 for ‘‘Environmental Protection Agency, State and Tribal 

16 Assistance Grants’’ shall be $2,716,446,000: Provided, 

17 That the amounts included under such heading in division 

18 A of Public Law 111–88 shall be applied to funds appro19 priated by this division as follows: by substituting 

20 ‘‘$690,000,000’’ for ‘‘$2,100,000,000’’; by substituting 

21 ‘‘$830,000,000’’ for ‘‘$1,387,000,000’’; by substituting 

22 ‘‘$10,000,000’’ for ‘‘$17,000,000’’; by substituting 

23 ‘‘$10,000,000’’ for ‘‘$13,000,000’’; by substituting ‘‘$0’’ 

24 for ‘‘$156,777,000’’; by substituting ‘‘$70,000,000’’ for 

25 ‘‘$100,000,000’’; by substituting ‘‘$50,000,000’’ for 


emcdonald on DSK2BSOYB1PROD with BILLS
275 

•HR 1 IH

1 ‘‘$60,000,000’’; by substituting ‘‘$0’’ for ‘‘$20,000,000’’; 

2 and by substituting ‘‘$1,056,446,000’’ for 

3 ‘‘$1,116,446,000’’. 

4 SEC. 1743. The matter pertaining to competitive 

5 grants to communities to develop plans and demonstrate 

6 and implement projects which reduce greenhouse gas 

7 emissions in the second proviso under the heading ‘‘Envi8 ronmental Protection Agency, State and Tribal Assistance 

9 Grants’’ in division A of Public Law 111–88 shall not 

10 apply to funds appropriated by this division. 

11 SEC. 1744. Notwithstanding section 1101, the 

12 amounts authorized to transfer under the heading ‘‘Envi13 ronmental Protection Agency, Administrative Provisions, 

14 Environmental Protection Agency’’ in division A of Public 

15 Law 111–88 shall be applied to funds appropriated by this 

16 division by substituting ‘‘$225,000,000’’ for 

17 ‘‘$475,000,000’’. 

18 SEC. 1745. Of the unobligated balances available for 

19 ‘‘Environmental Protection Agency’’ $300,000,000 is re20 scinded: Provided, That the Administrator shall submit to 

21 the House and Senate Committees on Appropriations a 

22 proposed allocation of amounts by account and program 

23 project to rescind 30 days prior to the rescission: Provided 

24 further, That no amounts may be rescinded from amounts 

25 that were designated by Congress as an emergency reVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
276 

•HR 1 IH

1 quirement pursuant to a concurrent resolution on the 

2 budget or the Balanced Budget and Emergency Deficit 

3 Control Act of 1985, as amended. 

4 SEC. 1746. None of the funds made available to the 

5 Environmental Protection Agency by this division or any 

6 other Act may be expended for purposes of enforcing or 

7 promulgating any regulation (other than with respect to 

8 section 202 of the Clean Air Act) or order, taking action 

9 relating to, or denying approval of state implementation 

10 plans or permits because of the emissions of greenhouse 

11 gases due to concerns regarding possible climate change. 

12 SEC. 1747. None of the funds made available by this 

13 division or any other Act may be used by the Environ14 mental Protection Agency to implement, administer, or en15 force a change to a rule or guidance document pertaining 

16 to the definition of waters under the jurisdiction of the 

17 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

18 seq.). 

19 SEC. 1748. Notwithstanding section 1101, the level 

20 for ‘‘Department of Agriculture, Forest Service, Forest 

21 and Rangeland Research’’ shall be $297,252,000: Pro22 vided, That the amounts included under such heading in 

23 division A of Public Law 111–88 shall be applied to funds 

24 appropriated by this division by substituting 

25 ‘‘$61,939,000’’ for ‘‘$66,939,000’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
277 

•HR 1 IH

1 SEC. 1749. Notwithstanding section 1101, the level 

2 for ‘‘Department of Agriculture, Forest Service, State and 

3 Private Forestry’’ shall be $232,680,000: Provided, That 

4 the amounts included under such heading in division A 

5 of Public Law 111–88 shall be applied to funds appro6 priated by this division by substituting ‘‘$6,200,000’’ for 

7 ‘‘$76,460,000’’: Provided further, That no less than 

8 $2,500,000 in available, unobligated prior-year funds shall 

9 be used in addition to amounts provided by this division. 

10 SEC. 1750. Notwithstanding section 1101, the level 

11 for ‘‘Department of Agriculture, Forest Service, National 

12 Forest System’’ shall be $1,525,339,000: Provided, That 

13 no less than $10,000,000 in available, unobligated prior14 year funds shall be used in addition to amounts provided 

15 by this division. 

16 SEC. 1751. Notwithstanding section 1101, the level 

17 for ‘‘Department of Agriculture, Forest Service, Capital 

18 Improvement and Maintenance’’ shall be $495,409,000: 

19 Provided, That the amounts included under such heading 

20 in division A of Public Law 111–88 shall be applied to 

21 funds appropriated by this division by substituting 

22 ‘‘$50,371,000’’ for ‘‘$90,000,000’’: Provided further, That 

23 no less than $10,000,000 in available, unobligated prior24 year funds shall be used in addition to amounts provided 

25 by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
278 

•HR 1 IH

1 SEC. 1752. Notwithstanding section 1101, the level 

2 for ‘‘Department of Agriculture, Forest Service, Land Ac3 quisition’’ shall be $9,100,000: Provided, That no less 

4 than $3,400,000 in available, unobligated prior-year funds 

5 shall be used in addition to amounts provided by this divi6 sion. 

7 SEC. 1753. Notwithstanding section 1101, the level 

8 for ‘‘Department of Agriculture, Forest Service, Wildland 

9 Fire Management’’ shall be $1,978,737,000: Provided, 

10 That the amounts included under such heading in division 

11 A of Public Law 111–88 shall be applied to funds appro12 priated by this division by substituting ‘‘$200,000,000’’ 

13 for ‘‘$75,000,000’’: Provided further, That of the unobli14 gated balances available in the FLAME Wildfire Suppres15 sion Reserve Fund for the Department of Agriculture cre16 ated by section 502(b) of Public Law 111–88 (43 U.S.C. 

17 1748a(b)), $250,000,000 is rescinded. 

18 SEC. 1754. The authority provided by section 337 of 

19 the Department of the Interior and Related Agencies Ap20 propriations Act, 2005 (Public Law 108–447; 118 Stat. 

21 3102), as amended, shall remain in effect until September 

22 30, 2011. 

23 SEC. 1755. Notwithstanding section 1101, the level 

24 for ‘‘Department of Health and Human Services, Indian 

25 Health Service, Indian Health Services’’ shall be 


emcdonald on DSK2BSOYB1PROD with BILLS
279 

•HR 1 IH

1 $3,883,886,000: Provided, That the amounts included 

2 under such heading in division A of Public Law 111–88 

3 shall be applied to funds appropriated by this division as 

4 follows: by substituting ‘‘$862,765,000’’ for 

5 ‘‘$779,347,000’’; by substituting ‘‘$53,000,000’’ for 

6 ‘‘$48,000,000’’; and by substituting ‘‘$444,332,000’’ for 

7 ‘‘$398,490,000’’: Provided further, That of the funds in8 cluded under this heading, $29,211,000 shall be for staff9 ing and operating costs of newly constructed facilities. 

10 SEC. 1756. Notwithstanding section 1101, the level 

11 for ‘‘Department of Health and Human Services, Indian 

12 Health Service, Indian Health Facilities’’ shall be 

13 $255,497,000: Provided, That no less than $10,000,000 

14 in available, unobligated prior-year funds shall be used in 

15 addition to amounts provided by this division. 

16 SEC. 1757. Notwithstanding section 1101, the level 

17 for ‘‘Department of Health and Human Services, National 

18 Institutes of Health, National Institute of Environmental 

19 Health Sciences’’ shall be $77,546,000. 

20 SEC. 1758. Notwithstanding section 1101, the level 

21 for ‘‘Department of Health and Human Services, Agency 

22 for Toxic Substances and Disease Registry, Toxic Sub23 stances and Environmental Public Health’’ shall be 

24 $74,039,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
280 

•HR 1 IH

1 SEC. 1759. Notwithstanding section 1101, the level 

2 for ‘‘Executive Office of the President, Council on Envi3 ronmental Quality and Office of Environmental Quality’’ 

4 shall be $2,848,000. 

5 SEC. 1760. Notwithstanding section 1101, the level 

6 for ‘‘Chemical Safety and Hazard Investigation Board, 

7 Salaries and Expenses’’ shall be $10,799,000: Provided, 

8 That the matter pertaining to methyl isocyanate in the 

9 last proviso under such heading in division A of Public 

10 Law 111–88 shall not apply to funds appropriated by this 

11 division. 

12 SEC. 1761. Notwithstanding section 1101, the level 

13 for ‘‘Smithsonian Institution, Salaries and Expenses’’ 

14 shall be $634,661,000: Provided, That no less than 

15 $200,000 in available, unobligated prior-year funds shall 

16 be used in addition to amounts provided by this division. 

17 SEC. 1762. Notwithstanding section 1101, the level 

18 for ‘‘Smithsonian Institution, Facilities Capital’’ shall be 

19 $123,600,000: Provided, That no less than $1,400,000 in 

20 available, unobligated prior-year funds shall be used in ad21 dition to amounts provided by this division. 

22 SEC. 1763. Notwithstanding section 1101, the level 

23 for ‘‘Smithsonian Institution, Legacy Fund’’ shall be $0. 

24 SEC. 1764. Notwithstanding section 1101, the level 

25 for ‘‘National Gallery of Art, Repair, Restoration and 


emcdonald on DSK2BSOYB1PROD with BILLS
281 

•HR 1 IH

1 Renovation of Buildings’’ shall be $48,221,000: 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 ‘‘$42,250,000’’ for 

5 ‘‘$40,000,000’’. 

6 SEC. 1765. Notwithstanding section 1101, the level 

7 for ‘‘John F. Kennedy Center for the Performing Arts, 

8 Operations and Maintenance’’ shall be $22,500,000: Pro9 vided, That the proviso under such heading in division A 

10 of Public Law 111–88 shall not apply to funds appro11 priated by this division. 

12 SEC. 1766. Notwithstanding section 1101, the level 

13 for ‘‘John F. Kennedy Center for the Performing Arts, 

14 Capital Repair and Restoration’’ shall be $13,920,000. 

15 SEC. 1767. Notwithstanding section 1101, the level 

16 for ‘‘Woodrow Wilson International Center for Scholars, 

17 Salaries and Expenses’’ shall be $9,844,000. 

18 SEC. 1768. Notwithstanding section 1101, the level 

19 for ‘‘National Foundation on the Arts and the Human20 ities, National Endowment for the Arts, Grants and Ad21 ministration’’ shall be $145,000,000. 

22 SEC. 1769. Notwithstanding section 1101, the level 

23 for ‘‘National Foundation on the Arts and the Human24 ities, National Endowment for the Humanities, Grants 

25 and Administration’’ shall be $145,000,000: Provided, 


emcdonald on DSK2BSOYB1PROD with BILLS
282 

•HR 1 IH

1 That the amounts included under such heading in division 

2 A of Public Law 111–88 shall be applied to funds appro3 priated by this division by substituting ‘‘$130,700,000’’ 

4 for ‘‘$153,200,000’’. 

5 SEC. 1770. Notwithstanding section 1101, the level 

6 for ‘‘National Capital Arts and Cultural Affairs’’ shall be 

7 $4,500,000. 

8 SEC. 1771. Notwithstanding section 1101, the level 

9 for ‘‘Presidio Trust, Presidio Trust Fund’’ shall be 

10 $15,000,000. 

11 SEC. 1772. Notwithstanding section 1101, the level 

12 for ‘‘Dwight D. Eisenhower Memorial Commission, Sala13 ries and Expenses’’ shall be $0. 

14 SEC. 1773. Notwithstanding section 1101, the level 

15 for ‘‘Dwight D. Eisenhower Memorial Commission, Cap16 ital Construction’’ shall be $0. 

17 SEC. 1774. Section 409 of division A of Public Law 

18 111–88 (123 Stat. 2957) is amended by striking ‘‘and 

19 111–8’’ and inserting ‘‘111–8, and 111–88’’, and by strik20 ing ‘‘2009’’ and inserting ‘‘2010’’. 

21 SEC. 1775. Notwithstanding section 1101, the level 

22 for section 415 of division A of Public Law 111–88 shall 

23 be $0. 

24 SEC. 1776. Section 433 of division A of Public Law 

25 111–88 (123 Stat. 2965) is amended by striking ‘‘2010’’ 


emcdonald on DSK2BSOYB1PROD with BILLS
283 

•HR 1 IH

1 and ‘‘2009’’ and inserting ‘‘2011’’ and ‘‘2010’’, respec2 tively. 

3 SEC. 1777. Not later than 30 days after the date of 

4 enactment of this division, each of the following depart5 ments and agencies shall submit to the House and Senate 

6 Committees on Appropriations a spending, expenditure, or 

7 operating plan for fiscal year 2011 at a level of detail 

8 below the account level: 

9 (1) Department of the Interior. 

10 (2) Environmental Protection Agency. 

11 (3) Department of Agriculture, Forest Service. 

12 (4) Indian Health Service. 

13 (5) Council on Environmental Quality. 

14 (6) Smithsonian Institution. 

15 (7) National Gallery of Art. 

16 (8) National Endowment for the Arts. 

17 (9) National Endowment for the Humanities. 

18 SEC. 1778. None of the funds made available by this 

19 division or any other Act may be used to implement, ad20 minister, or enforce Secretarial Order No. 3310 issued by 

21 the Secretary of the Interior on December 22, 2010. 


emcdonald on DSK2BSOYB1PROD with BILLS
284 

•HR 1 IH

1 TITLE VIII—LABOR, HEALTH AND HUMAN 

2 SERVICES, EDUCATION, AND RELATED 

3 AGENCIES 

4 SEC. 1801. Notwithstanding section 1101, the level 

5 for ‘‘Department of Labor, Employment and Training Ad6 ministration, Training and Employment Services’’ shall be 

7 $221,699,000: Provided, That the amounts included under 

8 such heading in division D of Public Law 111–117 shall 

9 be applied to funds appropriated by this division as fol10 lows: by substituting ‘‘$0’’ for each amount included in 

11 paragraph (1); by substituting ‘‘$167,538,000’’ for 

12 ‘‘$470,038,000’’; by substituting ‘‘$29,160,000’’ for 

13 ‘‘$229,160,000’’; by substituting ‘‘$0’’ for 

14 ‘‘$200,000,000’’; by substituting ‘‘$0’’ for 

15 ‘‘$102,500,000’’; by substituting ‘‘$54,161,000’’ for 

16 ‘‘$389,043,000’’; by substituting ‘‘$44,561,000’’ for 

17 ‘‘$93,450,000’’; by substituting ‘‘$0’’ for ‘‘$48,889,000’’; 

18 by substituting ‘‘$0’’ for ‘‘$108,493,000’’; by substituting 

19 ‘‘$0’’ for ‘‘$40,000,000’’; by substituting ‘‘$0’’ for 

20 ‘‘$125,000,000’’; and by substituting ‘‘$0’’ for 

21 ‘‘$12,500,000’’: Provided further, That of the funds made 

22 available for dislocated worker employment and training 

23 activities under such heading in division D of Public Law 

24 111–117, $65,000,000 is rescinded: Provided further, 

25 That of the funds made available for dislocated worker 


emcdonald on DSK2BSOYB1PROD with BILLS
285 

•HR 1 IH

1 employment and training activities under such heading in 

2 division D of Public Law 111–117, up to 25 percent may 

3 be used for the period April 1, 2011, through September 

4 30, 2011, for youth activities. 

5 SEC. 1802. (a) Of the unobligated balances available 

6 for ‘‘Department of Labor, Departmental Management, 

7 Office of Job Corps’’, $300,000,000 is rescinded. 

8 (b) None of the funds made available by this division 

9 or any prior Act may be used to initiate a competition 

10 for any new Job Corps center not previously approved by 

11 the Secretary of Labor as a Jobs Corps center through 

12 a competitive selection process. 

13 SEC. 1803. Of the unobligated balances of the funds 

14 made available for ‘‘Department of Labor, Employment 

15 and Training Administration, Training and Employment 

16 Services, Federally Administered Programs, Dislocated 

17 Workers Assistance National Reserve’’ in division D of 

18 Public Law 111–117, $100,000,000 is rescinded. 

19 SEC. 1804. Of the unobligated balances of the funds 

20 made available for ‘‘Department of Labor, Employment 

21 and Training Administration, Training and Employment 

22 Services, National Activities, Evaluation’’, $10,000,000 is 

23 rescinded. 

24 SEC. 1805. Notwithstanding section 1101, the level 

25 for ‘‘Department of Labor, Employment and Training AdVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
286 

•HR 1 IH

1 ministration, Community Service Employment for Older 

2 Americans’’ shall be $300,425,000, and for purposes of 

3 funds appropriated by this division, the amounts under 

4 such heading in division D of Public Law 111–117 shall 

5 be applied by substituting ‘‘$0’’ for ‘‘$225,000,000’’, and 

6 the first and second provisos under such heading in such 

7 division shall not apply. 

8 SEC. 1806. Notwithstanding section 1101, the level 

9 for ‘‘Department of Labor, Mine Safety and Health Ad10 ministration, Salaries and Expenses’’ shall be 

11 $355,843,000, of which up to $15,000,000 shall be avail12 able to the Secretary of Labor to be transferred to ‘‘De13 partmental Management, Salaries and Expenses’’ for ac14 tivities related to the Department of Labor’s caseload be15 fore the Federal Mine Safety and Health Review Commis16 sion, and the amounts included under the heading ‘‘De17 partment of Labor, Mine Safety and Health Administra18 tion, Salaries and Expenses’’ in division D of Public Law 

19 111–117 shall be applied to funds appropriated by this 

20 division by substituting ‘‘$0’’ for ‘‘$1,450,000’’. 

21 SEC. 1807. Notwithstanding section 1101, the level 

22 for ‘‘Department of Labor, Departmental Management’’ 

23 shall be $315,154,000, and the third proviso under such 

24 heading in division D of Public Law 111–117 shall not 

25 apply to funds appropriated by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
287 

•HR 1 IH

1 SEC. 1808. Of the unobligated balances available for 

2 ‘‘Department of Labor, Working Capital Fund’’, 

3 $3,900,000 is permanently rescinded, to be derived solely 

4 from amounts available in the Investment in Reinvention 

5 Fund (other than amounts that were designated by the 

6 Congress as an emergency requirement pursuant to a con7 current resolution on the budget or the Balanced Budget 

8 and Emergency Deficit Control Act of 1985). 

9 SEC. 1809. (a) Notwithstanding section 1101, the 

10 level for ‘‘Department of Health and Human Services, 

11 Health Resources and Services Administration, Health 

12 Resources and Services’’ shall be $5,313,171,000, of 

13 which (1) not more than $100,000,000 shall be available 

14 until expended for carrying out the provisions of Public 

15 Law 104–73 and for expenses incurred by the Department 

16 of Health and Human Services pertaining to administra17 tive claims made under such law; (2) no funds shall be 

18 for the program under title X of the Public Health Service 

19 Act (referred to in this title as the ‘‘PHS Act’’), to provide 

20 for voluntary family planning projects; and (3) 

21 $352,835,000 shall be available for health professions pro22 grams under titles VII and VIII and section 340G of the 

23 PHS Act. 

24 (b) The eighteenth, nineteenth, twenty-first, twenty25 second, and twenty-fifth provisos under the heading ‘‘DeVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
288 

•HR 1 IH

1 partment of Health and Human Services, Health Re2 sources and Services Administration, Health Resources 

3 and Services’’ of division D of Public Law 111–117 shall 

4 not apply to funds appropriated by this division. 

5 (c) Sections 747(c)(2) and 751(j)(2) of the PHS Act, 

6 the proportional funding amounts in paragraphs (1) 

7 through (4) of section 756(e) of such Act, and section 

8 511(f) of the Social Security Act (42 U.S.C. 711(f)) shall 

9 not apply to funds made available by this division for ‘‘De10 partment of Health and Human Services, Health Re11 sources and Services Administration, Health Resources 

12 and Services’’. 

13 (d) For purposes of this section, section 10503(d) of 

14 Public Law 111–148 shall be applied as if ‘‘, over the fis15 cal year 2008 level,’’ were stricken from such section. 

16 SEC. 1810. (a) Notwithstanding section 1101, the 

17 level for the first undesignated paragraph under the head18 ing ‘‘Department of Health and Human Services, Centers 

19 for Disease Control and Prevention, Disease Control, Re20 search, and Training’’ shall be $5,742,989,000, of which 

21 (1) $750,000,000 shall be derived from funds transferred, 

22 pursuant to section 4002(c) of Public Law 111–148, from 

23 amounts appropriated by section 4002(b) of such Public 

24 Law; (2) no funds shall be available for acquisition of real 

25 property, equipment, construction, and renovation of faVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
289 

•HR 1 IH

1 cilities; and (3) $523,533,000 shall remain available until 

2 expended for the Strategic National Stockpile under sec3 tion 319F–2 of the PHS Act. 

4 (b) The amount included before the first proviso 

5 under the heading ‘‘Department of Health and Human 

6 Services, Centers for Disease Control and Prevention, Dis7 ease Control, Research, and Training’’ of division D of 

8 Public Law 111–117 shall be applied to funds appro9 priated by this division by substituting ‘‘$0’’ for 

10 ‘‘$20,620,000’’. 

11 (c) Paragraphs (1) through (3) of section 2821(b) of 

12 the PHS Act shall not apply to funds made available by 

13 this division. 

14 (d) For purposes of this section, section 4002(c) of 

15 Public Law 111–148 shall be applied as if ‘‘, over the fis16 cal year 2008 level,’’ were stricken from such section. 

17 SEC. 1811. (a) Notwithstanding section 1101, the 

18 level for ‘‘Department of Health and Human Services, Na19 tional Institutes of Health, National Institute of Allergy 

20 and Infectious Diseases’’ shall be $4,214,275,000, and the 

21 Director of the National Institutes of Health shall transfer 

22 up to $256,627,000, on a pro rata basis, based on total 

23 funding levels, from the other Institutes, Centers, and Of24 fice of the Director accounts within the National Institutes 

25 of Health Account to ‘‘National Institute of Allergy and 


emcdonald on DSK2BSOYB1PROD with BILLS
290 

•HR 1 IH

1 Infectious Diseases’’, and the requirement under ‘‘Na2 tional Institute of Allergy and Infection Diseases’’ in divi3 sion D of Public Law 111–117 for a transfer from Bio4 defense Countermeasures funds shall not apply. 

5 (b) Notwithstanding any other provision of this divi6 sion, the first proviso under the heading ‘‘Department of 

7 Health and Human Services, National Institutes of 

8 Health, National Institute of Allergy and Infectious Dis9 eases’’ in division D of Public Law 111–117 shall not 

10 apply to funds appropriated by this division. 

11 SEC. 1812. The amount provided by section 1101 for 

12 ‘‘Department of Health and Human Services, National In13 stitutes of Health’’ is reduced by $260,000,000, through 

14 a pro rata reduction in all of the Institutes, Centers, and 

15 Office of the Director accounts within ‘‘Department of 

16 Health and Human Services, National Institutes of 

17 Health’’, based on the total of the projected funding levels 

18 for the Non-competing Research Project Grants in fiscal 

19 year 2011 for each such Institute, Center, and Office of 

20 the Director account. In addition, the Director of the Na21 tional Institutes of Health shall ensure that the average 

22 of the total cost of Competing Research Project Grants 

23 for all of the Institutes, Centers, and Office of the Director 

24 accounts within ‘‘Department of Health and Human ServVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
291 

•HR 1 IH

1 ices, National Institutes of Health’’ during fiscal year 

2 2011 shall not exceed $400,000. 

3 SEC. 1813. Notwithstanding section 1101, the level 

4 for ‘‘Department of Health and Human Services, National 

5 Institutes of Health, Buildings and Facilities’’ shall be 

6 $22,700,000. 

7 SEC. 1814. (a) Notwithstanding section 1101, the 

8 level for ‘‘Department of Health and Human Services, 

9 Substance Abuse and Mental Health Services Administra10 tion, Substance Abuse and Mental Health Services’’ shall 

11 be $3,202,152,000. 

12 (b) The amount included before the first proviso 

13 under the heading ‘‘Department of Health and Human 

14 Services, Substance Abuse and Mental Health Services 

15 Administration, Substance Abuse and Mental Health 

16 Services’’ in division D of Public Law 111–117 shall be 

17 applied to funds appropriated by this division by sub18 stituting ‘‘$0’’ for ‘‘$14,518,000’’. 

19 (c) The second proviso under the heading ‘‘Depart20 ment of Health and Human Services, Substance Abuse 

21 and Mental Health Services Administration, Substance 

22 Abuse and Mental Health Services’’ of division D of Public 

23 Law 111–117 shall not apply to funds appropriated by 

24 this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
292 

•HR 1 IH

1 SEC. 1815. The amount included under the heading 

2 ‘‘Department of Health and Human Services, Agency for 

3 Healthcare Research and Quality, Healthcare Research 

4 and Quality’’ of division D of Public Law 111–117 shall 

5 be applied to funds appropriated by this division by sub6 stituting ‘‘$372,053,000’’ for ‘‘397,053,000’’. 

7 SEC. 1816. (a) Notwithstanding section 1101, the 

8 level for amounts transferred from the Federal Hospital 

9 Insurance Trust Fund and the Federal Supplementary 

10 Medical Insurance Trust Fund for ‘‘Department of Health 

11 and Human Services, Centers for Medicare and Medicaid 

12 Services, Program Management’’ shall be $3,012,162,000, 

13 of which the level for the Research, Demonstration, and 

14 Evaluation program shall be $0. 

15 (b) The amount under the third proviso under the 

16 heading ‘‘Department of Health and Human Services, 

17 Centers for Medicare and Medicaid Services, Program 

18 Management’’ in division D of Public Law 111–117 shall 

19 be applied to funds appropriated by this division by sub20 stituting ‘‘$9,120,000’’ for ‘‘$65,600,000’’. 

21 (c) The sixth proviso under the heading ‘‘Department 

22 of Health and Human Services, Centers for Medicare and 

23 Medicaid Services, Program Management’’ in division D 

24 of Public Law 111–117 shall not apply to funds appro25 priated by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
293 

•HR 1 IH

1 SEC. 1817. (a) Notwithstanding section 1101, the 

2 level for ‘‘Department of Health and Human Services, Ad3 ministration for Children and Families, Low Income 

4 Home Energy Assistance’’ shall be $4,709,672,000, of 

5 which $4,509,672,000 shall be for payments under sub6 sections (b) and (d) of section 2602 of the Low-Income 

7 Home Energy Assistance Act of 1981 (42 U.S.C. 8621); 

8 and of which $200,000,000 shall be for payments under 

9 subsection (e) of such Act, to be made notwithstanding 

10 the designation requirements of such subsection. 

11 (b) The second proviso under the heading ‘‘Depart12 ment of Health and Human Services, Administration for 

13 Children and Families, Low Income Home Energy Assist14 ance’’ of division D of Public Law 111–117 shall not apply 

15 to funds appropriated by this division. 

16 SEC. 1818. Notwithstanding section 1101, the level 

17 for ‘‘Department of Health and Human Services, Admin18 istration for Children and Families, Payments to States 

19 for the Child Care and Development Block Grant’’ shall 

20 be $2,088,081,000, of which no funds shall be for the 

21 Child Care Aware toll-free hotline. 

22 SEC. 1819. (a) Notwithstanding section 1101, the 

23 level for ‘‘Department of Health and Human Services, Ad24 ministration for Children and Families, Children and 

25 Families Services Programs’’ shall be $7,796,499,000, of 


emcdonald on DSK2BSOYB1PROD with BILLS
294 

•HR 1 IH

1 which $405,000,000 shall be for making payments under 

2 the Community Service Block Grant Act (‘‘CSBG Act’’), 

3 except that such level shall include $10,000,000 for sec4 tion 680(a)(3)(B) of the CSBG Act and $6,151,783,000 

5 shall be for making payments under the Head Start Act. 

6 (b) The fourteenth and fifteenth provisos under the 

7 heading ‘‘Department of Health and Human Services, Ad8 ministration for Children and Families, Children and 

9 Families Services Programs’’ of division D of Public Law 

10 111–117 shall not apply to funds appropriated by this di11 vision. 

12 SEC. 1820. (a) Notwithstanding section 1101, the 

13 level for ‘‘Department of Health and Human Services, Ad14 ministration on Aging, Aging Services Programs’’ shall be 

15 $1,445,323,000. 

16 (b) The first proviso under the heading ‘‘Department 

17 of Health and Human Services, Administration on Aging, 

18 Aging Services Programs’’ in division D of Public Law 

19 111–117 shall not apply to funds appropriated by this di20 vision. 

21 (c) None of the funds appropriated by this division 

22 for ‘‘Department of Health and Human Services, Admin23 istration on Aging, Aging Services Programs’’ shall be 

24 used to carry out sections 1701 and 1703 of the PHS 

25 Act (with respect to chronic disease self-management acVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
295 

•HR 1 IH

1 tivity grants), except that such funds may be used for nec2 essary expenses associated with administering any such 

3 grants awarded prior to the date of the enactment of this 

4 division. 

5 SEC. 1821. Notwithstanding section 1101, the level 

6 for ‘‘Department of Health and Human Services, Office 

7 of the Secretary, General Departmental Management’’ 

8 shall be $375,938,000: Provided, That amounts included 

9 under such heading in division D of Public Law 111–117 

10 shall be applied to funds appropriated by this division by 

11 substituting ‘‘$0’’ for ‘‘$5,789,000’’: Provided further, 

12 that the third and seventh provisos under such heading 

13 in division D of Public Law 111–117 shall not apply to 

14 funds appropriated by this division. 

15 SEC. 1822. Notwithstanding section 1101, the level 

16 for ‘‘Department of Health and Human Services, Office 

17 of the Secretary, Public Health and Social Services Emer18 gency Fund’’ shall be $708,510,000, of which 

19 $65,578,000 shall be for expenses necessary to prepare for 

20 and respond to an influenza pandemic, none of which shall 

21 be available past September 30, 2011, and $35,000,000 

22 shall be for expenses necessary for fit-out and other costs 

23 related to a competitive lease procurement to renovate or 

24 replace the existing headquarters building for Public 

25 Health Service agencies and other components of the DeVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
296 

•HR 1 IH

1 partment of Health and Human Services: Provided, That 

2 in addition, $318,000,000 of the funds transferred to the 

3 account under the heading ‘‘Department of Health and 

4 Human Services, Office of the Secretary, Public Health 

5 and Social Services Emergency Fund’’ in Public Law 111– 

6 117 under the fourth paragraph under such heading may 

7 be used to support advanced research and development 

8 pursuant to section 319L of the PHS Act and other ad9 ministrative expenses of the Biomedical Advanced Re10 search and Development Authority: Provided further, That 

11 no funds shall be made available to the United States 

12 Postal Service for the delivery of medical counter13 measures. 

14 SEC. 1823. Of the funds made available for ‘‘Depart15 ment of Health and Human Services, Office of the Sec16 retary, Public Health and Social Services Emergency 

17 Fund’’ in Public Law 111–32, $1,397,439,000 is re18 scinded. 

19 SEC. 1824. (a) Notwithstanding section 1101, the 

20 level for ‘‘Department of Education, Education for the 

21 Disadvantaged’’ shall be $3,994,365,000, of which 

22 $3,944,530,000 shall become available on July 1, 2011, 

23 and remain available through September 30, 2012 (in ad24 dition to the $10,841,176,000 previously appropriated 

25 under such heading that became available on October 1, 


emcdonald on DSK2BSOYB1PROD with BILLS
297 

•HR 1 IH

1 2010), and an additional $10,841,176,000 to remain 

2 available through September 30, 2012, shall be available 

3 on October 1, 2011 for academic year 2011–2012: Pro4 vided, That of the amounts available for such heading (1) 

5 $6,405,844,000 shall be for basic grants under section 

6 1124 of the Elementary and Secondary Education Act of 

7 1965 (‘‘ESEA’’); (2) $1,365,031,000 shall be for con8 centration grants under section 1124A of the ESEA; (3) 

9 $3,014,000,000 shall be for targeted grants under section 

10 1125 of the ESEA; (4) $3,014,000,000 shall be for edu11 cation finance incentive grants under section 1125A of the 

12 ESEA. 

13 (b) The tenth, eleventh and twelfth provisos under 

14 the heading ‘‘Department of Education, Education for the 

15 Disadvantaged’’ in division D of Public Law 111–117 

16 shall not apply to funds appropriated by this division. 

17 (c) Of the unobligated balances available for ‘‘Depart18 ment of Education, Education for the Disadvantaged’’ in 

19 division D of Public Law 111–117, $189,000,000 is re20 scinded, to be derived from the amounts specified under 

21 such heading for availability under section 1502 of the 

22 ESEA. 

23 SEC. 1825. (a) Notwithstanding section 1101, the 

24 level for ‘‘Department of Education, School Improvement 

25 Programs’’ shall be $3,066,967,000, of which 


emcdonald on DSK2BSOYB1PROD with BILLS
298 

•HR 1 IH

1 $2,978,515,000 shall become available on July 1, 2011, 

2 and remain available through September 30, 2012 (in ad3 dition to the $1,681,441,000 previously appropriated 

4 under such heading that became available on October 1, 

5 2010), and an additional $1,681,441,000, to remain avail6 able through September 30, 2012, shall be available on 

7 October 1, 2011 for academic year 2011–2012: Provided, 

8 That of the amounts available for such heading (1) 

9 $7,463,000 shall be available to carry out subpart 6 of 

10 part D of title V of the ESEA; and (2) no funds shall 

11 be available for activities authorized under part B of title 

12 II, part D of title II, subpart 9 of part D of title V, part 

13 B of title VII, or part C of title VII of the ESEA, or 

14 part Z of title VIII of the Higher Education Act of 1965. 

15 (b) The first, second, third, fourth, fifth, sixth, 

16 eighth, twelfth and thirteenth provisos under the heading 

17 ‘‘Department of Education, School Improvement Pro18 grams’’ in division D of Public Law 111–117 shall not 

19 apply to funds appropriated by this division. 

20 SEC. 1826. (a) Notwithstanding section 1101, the 

21 level for ‘‘Department of Education, Innovation and Im22 provement’’ shall be $885,786,000, and no funds shall be 

23 available for activities authorized under subpart 5 of part 

24 A of title II, part D of title II, part D of title V, or section 


emcdonald on DSK2BSOYB1PROD with BILLS
299 

•HR 1 IH

1 1504 of the ESEA, or part F of title VIII of the Higher 

2 Education Act of 1965. 

3 (b) The first, second, third, fourth, fifth, seventeenth 

4 and eighteenth provisos under the heading ‘‘Department 

5 of Education, Innovation and Improvement’’ in division D 

6 of Public Law 111–117 shall not apply to funds appro7 priated by this division. 

8 SEC. 1827. (a) Notwithstanding section 1101, the 

9 level for ‘‘Department of Education, Safe Schools and 

10 Citizenship Education’’ shall be $191,341,000, of which 

11 no funds shall be available for activities authorized under 

12 subpart 3 of part C of title II or subpart 2, 3, or 10 of 

13 part D of title V of the ESEA. 

14 (b) The first, second, and third provisos under the 

15 heading ‘‘Department of Education, Safe Schools and 

16 Citizenship Education’’ in division D of Public Law 111– 

17 117 shall not apply to funds appropriated by this division. 

18 SEC. 1828. (a) Notwithstanding section 1101, the 

19 level for ‘‘Department of Education, Special Education’’ 

20 shall be $3,414,870,000, of which $3,168,654,000 shall 

21 become available on July 1, 2011, and remain available 

22 through September 30, 2012 (in addition to the 

23 $8,592,383,000 previously appropriated under such head24 ing that became available on October 1, 2010), and an 

25 additional $8,592,383,000, to remain available through 


emcdonald on DSK2BSOYB1PROD with BILLS
300 

•HR 1 IH

1 September 30, 2012, shall be available on October 1, 2011 

2 for academic year 2011–2012. 

3 (b) The first and second provisos under the heading 

4 ‘‘Department of Education, Special Education’’ in division 

5 D of Public Law 111–117 shall not apply to funds appro6 priated by this division. 

7 SEC. 1829. (a) Notwithstanding section 1101, the 

8 level for ‘‘Department of Education, Rehabilitation Serv9 ices and Disability Research’’ shall be $3,453,388,000. 

10 (b) The second proviso under the heading ‘‘Depart11 ment of Education, Rehabilitation Services and Disability 

12 Research’’ in division D of Public Law 111–117 shall not 

13 apply to funds appropriated by this division. 

14 SEC. 1830. (a) Notwithstanding section 1101, the 

15 level for ‘‘Department of Education, Career, Technical, 

16 and Adult Education’’ shall be $1,017,338,000, to become 

17 available on July 1, 2011, and remain available through 

18 September 30, 2012 (in addition to the $791,000,000 pre19 viously appropriated under such heading that became 

20 available on October 1, 2010), and an additional 

21 $791,000,000 to remain available through September 30, 

22 2012, shall be available on October 1, 2011 for academic 

23 year 2011–2012: Provided, That of the amounts available 

24 for such heading, no funds shall be available for activities 

25 authorized under subpart 4 of part D of title V of the 


emcdonald on DSK2BSOYB1PROD with BILLS
301 

•HR 1 IH

1 ESEA, or part D of title VIII of the Higher Education 

2 Amendments of 1998. 

3 (b) The first, second, third, seventh and eighth pro4 visos under the heading ‘‘Department of Education, Ca5 reer, Technical, and Adult Education’’ in division D of 

6 Public Law 111–117 shall not apply to funds appropriated 

7 by this division. 

8 SEC. 1831. Notwithstanding section 1101, the level 

9 for ‘‘Department of Education, Student Financial Assist10 ance’’ shall be $18,475,492,000, of which 

11 $17,495,000,000 shall be available to carry out subpart 

12 1 of part A of title IV of the Higher Education Act of 

13 1965 and $980,492,000 shall be available to carry out 

14 part C of title IV of the Higher Education Act of 1965. 

15 The maximum Pell grant for which a student shall be eli16 gible during award year 2011-2012 shall be $4,015. 

17 SEC. 1832. Of the unobligated balances of funds 

18 made available in subparagraphs (A) through (E) of sec19 tion 401A(e)(1) of the Higher Education Act of 1965, 

20 $986,433,851 is rescinded. 

21 SEC. 1833. (a) Notwithstanding section 1101, the 

22 level for ‘‘Department of Education, Higher Education’’ 

23 shall be $1,690,285,000, of which no funds shall be avail24 able for activities authorized under part A of title II, part 

25 B of title VII or subpart 1 of part D of title VII of the 


emcdonald on DSK2BSOYB1PROD with BILLS
302 

•HR 1 IH

1 Higher Education Act of 1965, section 1543 of the Higher 

2 Education Amendments of 1992, part H of title VIII of 

3 the Higher Education Amendments of 1998, part I of sub4 title A of title VI of the America COMPETES Act, or 

5 section 117 of the Carl D. Perkins Career and Technical 

6 Education Act of 2006. 

7 (b) The fifth, sixth, seventh, eighth, ninth, tenth, 

8 eleventh, twelfth, thirteenth and fourteenth provisos under 

9 the heading ‘‘Department of Education, Higher Edu10 cation’’ in division D of Public Law 111–117 shall not 

11 apply to funds appropriated by this division. 

12 SEC. 1834. Notwithstanding section 1101, the level 

13 for ‘‘Department of Education, Institute of Education 

14 Sciences’’ shall be $530,106,000. 

15 SEC. 1835. Notwithstanding section 1101, the level 

16 for ‘‘Corporation for National and Community Service, 

17 Operating Expenses’’ shall be $0. 

18 SEC. 1836. Notwithstanding section 1101, the level 

19 for ‘‘Corporation for National and Community Service, 

20 National Service Trust’’ shall be $50,000,000. 

21 SEC. 1837. Notwithstanding section 1101, the level 

22 for ‘‘Corporation for National and Community Service, 

23 Salaries and Expenses’’ shall be $68,000,000. 

24 SEC. 1838. (a) Of the funds made available for ‘‘Cor25 poration for Public Broadcasting’’ in title IV of division 


emcdonald on DSK2BSOYB1PROD with BILLS
303 

•HR 1 IH

1 F of Public Law 111–8, the unobligated balance is re2 scinded. 

3 (b) The amounts included under the heading ‘‘Cor4 poration for Public Broadcasting’’ in division D of Public 

5 Law 111–117 shall be applied to funds appropriated by 

6 this division as follows: by substituting ‘‘$0’’ for 

7 ‘‘$86,000,000’’; by substituting ‘‘$0’’ for ‘‘$25,000,000’’; 

8 by substituting ‘‘$0’’ for ‘‘$36,000,000’’; and by sub9 stituting ‘‘$0’’ for ‘‘$25,000,000’’. 

10 SEC. 1839. Notwithstanding section 1101, the level 

11 for ‘‘Institute of Museum and Library Services, Office of 

12 Museum and Library Services, Grants and Administra13 tion’’ shall be $265,869,000. 

14 SEC. 1840. Notwithstanding section 1101, the level 

15 for ‘‘Medicare Payment Advisory Commission, Salaries 

16 and Expenses’’ shall be $12,450,000. 

17 SEC. 1841. Notwithstanding section 1101, the level 

18 for ‘‘National Labor Relations Board, Salaries and Ex19 penses’’ shall be $233,400,000. 

20 SEC. 1842. Notwithstanding section 1101, the level 

21 for ‘‘Railroad Retirement Board, Dual Benefits Payments 

22 Account’’ shall be $57,000,000. 

23 SEC. 1843. Notwithstanding section 1101, the level 

24 for ‘‘Social Security Administration, Payments to Social 

25 Security Trust Funds’’ shall be $21,404,000, and in addiVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
304 

•HR 1 IH

1 tion such funds may be used to carry out section 217(g) 

2 of the Social Security Act. 

3 SEC. 1844. Notwithstanding section 1101, the level 

4 for the first paragraph under the heading ‘‘Social Security 

5 Administration, Limitation on Administrative Expenses’’ 

6 shall be $10,675,500,000. 

7 SEC. 1845. Notwithstanding section 1101, the level 

8 for the first paragraph under the heading ‘‘Social Security 

9 Administration, Supplemental Security Income Program’’ 

10 shall be $39,892,164,000, of which $3,402,164,000 shall 

11 be for administrative expenses. 

12 SEC. 1846. Of the funds appropriated for ‘‘Social Se13 curity Administration, Limitation on Administrative Ex14 penses’’ for fiscal years 2010 and prior years (other than 

15 funds appropriated in Public Law 111–5) for investment 

16 in information technology and telecommunications hard17 ware and software infrastructure, $500,000,000 is re18 scinded. 

19 SEC. 1847. Notwithstanding section 1101, and sec20 tion 505 of division D of Public Law 111–117, section 

21 505 of division F of Public Law 111–8 shall apply to 

22 funds appropriated by this division. 

23 SEC. 1848. Notwithstanding section 1101, the level 

24 for ‘‘Department of Labor, Occupational Safety and 

25 Health Administration, Salaries and Expenses’’ shall be 


emcdonald on DSK2BSOYB1PROD with BILLS
305 

•HR 1 IH

1 $459,653,000, of which $138,928,000 shall be for compli2 ance assistance programs: Provided, That the amounts in3 cluded under such heading in division D of Public Law 

4 111–117 shall be applied to funds appropriated by this 

5 Act by substituting ‘‘$89,502,000’’ for ‘‘$104,393,000’’. 

6 SEC. 1849. Notwithstanding section 1101, the level 

7 for ‘‘Department of Health and Human Services, National 

8 Institutes of Health, Office of the Director’’ shall be 

9 $1,128,800,000, and the fifth proviso under such heading 

10 in division D of Public Law 111–117 shall be applied to 

11 funds appropriated by this Act by substituting 

12 ‘‘$495,609,000’’ for ‘‘$544,109,000’’. 

13 SEC. 1850. The amount provided by section 1101 for 

14 ‘‘Department of Health and Human Services, National In15 stitutes of Health’’ is reduced by $639,463,000 through 

16 a pro rata reduction in all of the Institutes, Centers, and 

17 Office of the Director accounts within ‘‘Department of 

18 Health and Human Services, National Institutes of 

19 Health’’, based on the total funding levels for each such 

20 Institute, Center, and Office of the Director accounts (ex21 cluding the Common Fund). In addition, the Director of 

22 the National Institutes of Health shall ensure at least a 

23 total of 9,000 new competing research grants are awarded 

24 in fiscal year 2011 from all Institutes, Centers, and Office 

25 of the Director accounts within the ‘‘Department of 


emcdonald on DSK2BSOYB1PROD with BILLS
306 

•HR 1 IH

1 Health and Human Services, National Institutes of 

2 Health’’. 

3 SEC. 1851. Of the unobligated balances available for 

4 ‘‘Department of Health and Human Services, Administra5 tion for Children and Families, Refugee and Entrant As6 sistance’’ in division D of Public Law 111–117, 

7 $77,000,000 is rescinded. 

8 TITLE IX—LEGISLATIVE BRANCH 

9 SEC. 1901. Notwithstanding section 1101, the level 

10 for ‘‘House of Representatives, Salaries and Expenses’’ 

11 shall be $1,288,299,072. 

12 SEC. 1902. Notwithstanding section 1101, the level 

13 for ‘‘House of Representatives, House Leadership Offices’’ 

14 shall be $24,861,969, and the levels under that heading 

15 shall be as follows: 

16 (1) For the Office of the Speaker, $4,877,851. 

17 (2) For the Office of the Majority Floor Lead18 er, $2,432,808. 

19 (3) For the Office of the Minority Floor Lead20 er, $4,378,238. 

21 (4) For the Office of the Majority Whip, 

22 $2,105,373. 

23 (5) For the Office of the Minority Whip, 

24 $1,628,873. 


emcdonald on DSK2BSOYB1PROD with BILLS
307 

•HR 1 IH

1 (6) For the Speaker’s Office for Legislative 

2 Floor Activities, $497,619. 

3 (7) For the Republican Steering Committee, 

4 $940,674. 

5 (8) For the Republican Conference, $1,679,970. 

6 (9) For the Republican Policy Committee, 

7 $344,485. 

8 (10) For the Democratic Steering and Policy 

9 Committee, $1,319,273. 

10 (11) For the Democratic Caucus, $1,659,696. 

11 (12) For nine minority employees, $1,487,455. 

12 (13) For the training and program develop13 ment—majority, $277,807. 

14 (14) For the training and program develop15 ment—minority, $277,439. 

16 (15) For Cloakroom Personnel—majority, 

17 $477,469. 

18 (16) For Cloakroom Personnel—minority, 

19 $476,939. 

20 SEC. 1903. Notwithstanding section 1101, the level 

21 for ‘‘House of Representatives, Members’ Representa22 tional Allowances’’ shall be $613,052,000. 

23 SEC. 1904. Notwithstanding section 1101, the level 

24 for ‘‘House of Representatives, Committee Employees, 

25 Standing Committees, Special and Select’’ shall be 


emcdonald on DSK2BSOYB1PROD with BILLS
308 

•HR 1 IH

1 $132,449,103, the period of applicability referred to in the 

2 proviso under that heading shall be December 31, 2012, 

3 and none of the funds made available under that heading 

4 may be used for committee room upgrading. 

5 SEC. 1905. Notwithstanding section 1101, the level 

6 for ‘‘House of Representatives, Committee on Appropria7 tions’’ shall be $28,483,000, and the period of applica8 bility referred to in the proviso under that heading shall 

9 be December 31, 2012. 

10 SEC. 1906. Notwithstanding section 1101, the level 

11 for ‘‘House of Representatives, Salaries, Officers and Em12 ployees’’ shall be $184,386,000, and the level under that 

13 heading— 

14 (1) for the Office of the Clerk shall be 

15 $26,568,000; 

16 (2) for the Office of the Sergeant at Arms shall 

17 be $8,221,000; and 

18 (3) for the Office of the Chief Administrative 

19 Officer shall be $121,676,000. 

20 SEC. 1907. Notwithstanding section 1101, the level 

21 for ‘‘House of Representatives, Allowances and Expenses’’ 

22 shall be $305,067,000, and the level under that heading— 

23 (1) for employee tuition assistance benefit pay24 ments shall be $0; 


emcdonald on DSK2BSOYB1PROD with BILLS
309 

•HR 1 IH

1 (2) for employee child care benefit payments 

2 shall be $0; 

3 (3) for Business Continuity and Disaster Re4 covery shall be $17,000,000, of which $5,000,000 

5 shall remain available until expended; 

6 (4) for the Wounded Warrior Program shall be 

7 $2,000,000; and 

8 (5) for Energy Demonstration Projects shall be 

9 $0. 

10 SEC. 1908. Notwithstanding section 1101, the level 

11 for ‘‘Joint Items, Joint Economic Committee’’ shall be 

12 $4,364,500. 

13 SEC. 1909. Notwithstanding section 1101, the level 

14 for ‘‘Joint Items, Joint Committee on Taxation’’ shall be 

15 $10,551,150. 

16 SEC. 1910. Notwithstanding section 1101, the level 

17 for ‘‘Capitol Police, Salaries’’ shall be $277,688,000. 

18 SEC. 1911. Notwithstanding section 1101, the level 

19 for ‘‘Office of Compliance, Salaries and Expenses’’ shall 

20 be $4,085,150. 

21 SEC. 1912. Notwithstanding section 1101, the level 

22 for ‘‘Congressional Budget Office, Salaries and Expenses’’ 

23 shall be $42,761,000. 

24 SEC. 1913. (a) Except as provided in subsection (b), 

25 notwithstanding section 1101, the level and period of 


emcdonald on DSK2BSOYB1PROD with BILLS
310 

•HR 1 IH

1 availability for each item under the heading ‘‘Architect of 

2 the Capitol’’ shall be determined in accordance with an 

3 allocation plan submitted by the Architect of the Capitol 

4 and approved by the Committees on Appropriations of the 

5 House of Representatives and Senate, except that— 

6 (1) the aggregate level for all items under that 

7 heading may not exceed $498,491,000; and 

8 (2) no amounts may remain available for any 

9 item under such plan beyond September 30, 2015. 

10 (b) Subsection (a) does not apply to ‘‘Architect of the 

11 Capitol, Senate Office Buildings’’. 

12 SEC. 1914. Notwithstanding section 1101, the level 

13 for ‘‘Library of Congress, Salaries and Expenses’’ shall 

14 be $417,189,000, the amount applicable under the fourth 

15 proviso under that heading shall be $4,815,000, and the 

16 amount applicable under the fifth and seventh provisos 

17 under that heading shall be $0. 

18 SEC. 1915. Notwithstanding section 1101, the level 

19 for ‘‘Library of Congress, Copyright Office, Salaries and 

20 Expenses’’ shall be $52,914,670, of which not more than 

21 $33,751,000, to remain available until expended, shall be 

22 derived from collections credited to such appropriation 

23 during fiscal year 2011 under section 708(d) of title 17, 

24 United States Code, and the amount applicable under the 

25 third proviso under such heading shall be $34,612,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
311 

•HR 1 IH

1 SEC. 1916. Notwithstanding section 1101, the level 

2 for ‘‘Library of Congress, Congressional Research Service, 

3 Salaries and Expenses’’ shall be $107,309,000. 

4 SEC. 1917. Notwithstanding section 1101, the level 

5 for ‘‘Library of Congress, Books for the Blind and Phys6 ically Handicapped, Salaries and Expenses’’ shall be 

7 $66,124,000. 

8 SEC. 1918. Notwithstanding section 1101, the level 

9 for ‘‘Government Printing Office, Government Printing 

10 Office Revolving Fund’’ shall be $1,659,000. 

11 SEC. 1919. Notwithstanding section 1101, the level 

12 for ‘‘Government Printing Office, Office of Superintendent 

13 of Documents, Salaries and Expenses’’ shall be 

14 $39,911,000. 

15 SEC. 1920. (a) Section 309(c) of the Legislative 

16 Branch Appropriations Act, 1999 (44 U.S.C. 305 note) 

17 is amended by striking paragraph (5). 

18 (b) The amendment made by subsection (a) shall take 

19 effect as if included in the enactment of the Legislative 

20 Branch Appropriations Act, 1999. 

21 SEC. 1921. Notwithstanding section 1101, the level 

22 for ‘‘Government Accountability Office, Salaries and Ex23 penses’’ shall be $522,823,000, the amount applicable 

24 under the first proviso under that heading shall be 

25 $9,400,000, the amount applicable under the second proVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
312 

•HR 1 IH

1 viso under that heading shall be $3,100,000, and the 

2 amount applicable under the third proviso under that 

3 heading shall be $7,000,000. 

4 SEC. 1922. Notwithstanding section 1101, the level 

5 for ‘‘Open World Leadership Center Trust Fund’’ shall 

6 be $5,100,000. 

7 SEC. 1923. Notwithstanding section 1101, the level 

8 for ‘‘John C. Stennis Center for Public Service Training 

9 and Development’’ shall be $0. 

10 TITLE X—MILITARY CONSTRUCTION, 

11 VETERANS AFFAIRS, AND RELATED AGENCIES 

12 SEC. 2001. Notwithstanding section 1101, the level 

13 for each of the following accounts of the Department of 

14 Defense, excluding funds designated by section 1110 of 

15 this division, shall be as follows: ‘‘Military Construction, 

16 Army’’, $3,904,998,000; ‘‘Military Construction, Navy 

17 and Marine Corps’’, $3,516,173,000; ‘‘Military Construc18 tion, Air Force’’, $1,214,295,000; and ‘‘Military Construc19 tion, Defense-Wide’’, $2,964,062,000. 

20 SEC. 2002. Notwithstanding section 1101, the level 

21 for each of the following accounts of the Department of 

22 Defense shall be as follows: ‘‘Military Construction, Army 

23 National Guard’’, $873,664,000; ‘‘Military Construction, 

24 Air National Guard’’, $194,986,000; ‘‘Military Construc25 tion, Army Reserve’’, $318,175,000; ‘‘Military ConstrucVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
313 

•HR 1 IH

1 tion, Navy Reserve’’, $61,557,000; and ‘‘Military Con2 struction, Air Force Reserve’’, $7,832,000. 

3 SEC. 2003. Notwithstanding section 1101, the level 

4 for each of the following accounts of the Department of 

5 Defense shall be as follows: ‘‘Family Housing Construc6 tion, Army’’, $92,369,000; ‘‘Family Housing Construc7 tion, Navy and Marine Corps’’, $186,444,000; ‘‘Family 

8 Housing Construction, Air Force’’, $78,025,000; ‘‘Family 

9 Housing Construction, Defense-Wide’’, $0; and ‘‘Family 

10 Housing Improvement Fund’’, $1,096,000. 

11 SEC. 2004. Notwithstanding section 1101, the level 

12 for each of the following accounts of the Department of 

13 Defense shall be as follows: ‘‘North Atlantic Treaty Orga14 nization Security Investment Program’’, $258,884,000; 

15 ‘‘Homeowners Assistance Fund’’, $16,515,000; ‘‘Chemical 

16 Demilitarization Construction, Defense-Wide’’, 

17 $124,971,000; ‘‘Department of Defense Base Closure Ac18 count 1990’’, $360,474,000; and ‘‘Department of Defense 

19 Base Closure Account 2005’’, $2,354,285,000. 

20 SEC. 2005. Notwithstanding section 1101, the level 

21 for each of the following accounts of the Department of 

22 Defense shall be as follows: ‘‘Family Housing Operation 

23 and Maintenance, Army’’, $518,140,000; ‘‘Family Hous24 ing Operation and Maintenance, Navy and Marine Corps’’, 

25 $366,346,000; ‘‘Family Housing Operation and MainteVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
314 

•HR 1 IH

1 nance, Air Force’’, $513,792,000; and ‘‘Family Housing 

2 Operation and Maintenance, Defense-Wide’’, 

3 $50,464,000. 

4 SEC. 2006. Notwithstanding any other provision of 

5 this division, the following provisions included in title I 

6 of division E of Public Law 111–117 shall not apply to 

7 funds made available by this division: the first, second, 

8 and last provisos, and the set-aside of $350,000,000, 

9 under the heading ‘‘Military Construction, Army’’; the 

10 first and last provisos under the heading ‘‘Military Con11 struction, Navy and Marine Corps’’; the first, second, and 

12 last provisos under the heading ‘‘Military Construction, 

13 Air Force’’; the second, third, fourth, and last provisos 

14 under the heading ‘‘Military Construction, Defense-Wide’’, 

15 the first, second and last provisos, and the set-aside of 

16 $30,000,000, under the heading ‘‘Military Construction, 

17 Army National Guard’’; the first, second, and last pro18 visos, and the set-aside of $30,000,000, under the heading 

19 ‘‘Military Construction, Air National Guard’’; the first, 

20 second, and last provisos, and the set-aside of 

21 $30,000,000, under the heading ‘‘Military Construction, 

22 Army Reserve’’; the first, second, and last provisos, the 

23 set-aside of $20,000,000, and the set-aside of 

24 $35,000,000, under the heading ‘‘Military Construction, 

25 Navy Reserve’’; the first, second, and last provisos, and 


emcdonald on DSK2BSOYB1PROD with BILLS
315 

•HR 1 IH

1 the set-aside of $55,000,000, under the heading ‘‘Military 

2 Construction, Air Force Reserve’’; the proviso under the 

3 heading ‘‘Family Construction, Army’’; the proviso under 

4 the heading ‘‘Family Housing Construction, Navy and 

5 Marine Corps’’; the proviso under the heading ‘‘Family 

6 Housing Construction , Air Force’’; the proviso under the 

7 heading ‘‘Family Housing Construction, Defense-Wide’’; 

8 and the proviso under the heading ‘‘Chemical Demili9 tarization Construction, Defense-Wide’’. 

10 SEC. 2007. Notwithstanding section 1101, the level 

11 for ‘‘Department of Veterans Affairs, Departmental Ad12 ministration, General Operating Expenses’’ shall be 

13 $2,546,276,000, of which not less than $2,148,776,000 

14 shall be for the Veterans Benefits Administration. 

15 SEC. 2008. Notwithstanding section 1101, the level 

16 for ‘‘Department of Veterans Affairs, Departmental Ad17 ministration, Information Technology Systems’’ shall be 

18 $3,146,898,000. 

19 SEC. 2009. Notwithstanding section 1101, the level 

20 for ‘‘Department of Veterans Affairs, Departmental Ad21 ministration, Construction, Major Projects’’ shall be 

22 $1,151,036,000: Provided, That not later than 30 days 

23 after the date of the enactment of this section, the Sec24 retary of Veterans Affairs shall submit to the Committees 

25 on Appropriations of the House of Representatives and the 


emcdonald on DSK2BSOYB1PROD with BILLS
316 

•HR 1 IH

1 Senate a spending plan for fiscal year 2011 at a level of 

2 detail below the account level: Provided further, That the 

3 last proviso included in title I of division E of Public Law 

4 111–117 under the heading ‘‘Department of Veterans Af5 fairs, Departmental Administration, Construction, Major 

6 Projects’’ shall not apply to funds appropriated by this 

7 division. 

8 SEC. 2010. Notwithstanding section 1101, the level 

9 for ‘‘Department of Veterans Affairs, Departmental Ad10 ministration, Construction, Minor Projects’’ shall be 

11 $467,700,000. 

12 SEC. 2011. Notwithstanding section 1101, the level 

13 for ‘‘Department of Veterans Affairs, Departmental Ad14 ministration, Grants for Construction of State Extended 

15 Care Facilities’’ shall be $85,000,000. 

16 SEC. 2012. Notwithstanding section 1101, the level 

17 for ‘‘Armed Forces Retirement Home, Trust Fund’’ shall 

18 be $71,200,000, of which $2,000,000 shall be for con19 struction and renovation of physical plants. 

20 SEC. 2013. Notwithstanding any other provision of 

21 this division, the following provisions included in title IV 

22 of division E of Public Law 111–117 shall not apply to 

23 funds appropriated by this division: the proviso under 

24 ‘‘Military Construction, Army’’ and the proviso under 

25 ‘‘Military Construction, Air Force’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
317 

•HR 1 IH

1 SEC. 2014. Of the funds made available for ‘‘Military 

2 Construction, Defense-Wide’’ in title I of division E of 

3 Public Law 110–329, $23,000,000 is rescinded. 

4 SEC. 2015. Of the funds made available for ‘‘Military 

5 Construction, Defense-Wide’’ in title I of division E of 

6 Public Law 111–117, $125,500,000 is rescinded. 

7 SEC. 2016. Of the funds made available for ‘‘Military 

8 Construction, Army’’ in title I of division E of Public Law 

9 111–117, $160,000,000 is rescinded. 

10 SEC. 2017. Of the funds made available for ‘‘Military 

11 Construction, Navy and Marine Corps’’ in title I of divi12 sion E of Public Law 111–117, $34,000,000 is rescinded. 

13 SEC. 2018. Of the funds made available for ‘‘Military 

14 Construction, Air Force’’ in title I of division E of Public 

15 Law 111–117, $87,000,000 is rescinded. 

16 SEC. 2019. Of the unobligated balances available for 

17 ‘‘Department of Defense Base Closure Account 2005’’ 

18 from prior appropriations (other than appropriations des19 ignated by law as being for contingency operations directly 

20 related to the global war on terrorism or as an emergency 

21 requirement), $200,000,000 is rescinded. 

22 SEC. 2020. Of the funds designated by section 1110 

23 of this division, funds available for the Department of De24 fense shall be as follows: ‘‘Military Construction, Army’’, 

25 $929,994,000; ‘‘Military Construction, Air Force’’, 


emcdonald on DSK2BSOYB1PROD with BILLS
318 

•HR 1 IH

1 $280,506,000; and ‘‘Military Construction, Defense2 Wide’’, $46,500,000. 

3 SEC. 2021. The levels for each of the following ac4 counts for fiscal year 2012 shall be as follows: 

5 (1) ‘‘Department of Veterans Affairs, Medical 

6 Services’’, $39,649,985,000, which shall become 

7 available on October 1, 2011, and shall remain avail8 able until September 30, 2012. 

9 (2) ‘‘Department of Veterans Affairs, Medical 

10 Support and Compliance’’, $5,535,000,000, which 

11 shall become available on October 1, 2011, and shall 

12 remain available until September 30, 2012. 

13 (3) ‘‘Department of Veterans Affairs, Medical 

14 Facilities’’ in the amount of $5,426,000,000, which 

15 shall become available on October 1, 2011, and shall 

16 remain available until September 30, 2012. 

17 SEC. 2022. Of the amounts appropriated to the De18 partment of Veterans Affairs for fiscal year 2011 for 

19 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

20 ‘‘Medical facilities’’, ‘‘Construction, minor projects’’, and 

21 ‘‘Information technology systems’’, up to $235,360,000, 

22 plus reimbursements, may be transferred to the Joint De23 partment of Defense-Department of Veterans Affairs 

24 Medical Facility Demonstration Fund, established by sec25 tion 1704 of title XVII of division A of Public Law 111– 


emcdonald on DSK2BSOYB1PROD with BILLS
319 

•HR 1 IH

1 84 and may be used for operation of the facilities des2 ignated as a combined Federal medical facility as de3 scribed by section 706 of Public Law 110–417: Provided, 

4 That additional funds may be transferred from accounts 

5 designated in this section to the Joint Department of De6 fense-Department of Veterans Affairs Medical Facility 

7 Demonstration Fund upon written notification by the Sec8 retary of Veterans Affairs to the Committees on Appro9 priations of both Houses of Congress. 

10 SEC. 2023. Such sums as may be deposited to the 

11 Medical Care Collections Fund pursuant to section 1729A 

12 of title 38, United States Code, for health care provided 

13 at facilities designated as a combined Federal medical fa14 cility as described by section 706 of Public Law 110–417 

15 shall also be available: (1) for transfer to the Joint De16 partment of Defense-Department of Veterans Affairs 

17 Medical Facility Demonstration Fund, established by sec18 tion 1704 of Public Law 111–84, and (2) for operations 

19 of the facilities designated as a combined Federal medical 

20 facility as described by section 706 of Public Law 110– 

21 417. 

22 SEC. 2024. Of the funds made available for ‘‘Depart23 ment of Veterans Affairs, Departmental Administration, 

24 Information technology systems’’ in division E of Public 

25 Law 111–117, $117,000,000 is rescinded. 


emcdonald on DSK2BSOYB1PROD with BILLS
320 

•HR 1 IH

1 TITLE XI—STATE, FOREIGN OPERATIONS, AND 

2 RELATED PROGRAMS 

3 SEC. 2101. For purposes of this title, the term ‘‘divi4 sion F of Public Law 111–117’’ means the Department 

5 of State, Foreign Operations, and Related Programs Ap6 propriations Act, 2010 (division F of Public Law 111– 

7 117). 

8 SEC. 2102. Notwithstanding section 1101, the level 

9 for each of the following accounts shall be as follows: ‘‘Ad10 ministration of Foreign Affairs, Diplomatic and Consular 

11 Programs’’, $8,383,460,000, of which $1,491,041,000 is 

12 for Worldwide Security Protection (to be available until 

13 expended); ‘‘Administration of Foreign Affairs, Office of 

14 Inspector General’’, $94,000,000; ‘‘Administration of For15 eign Affairs, Capital Investment Fund’’, $59,575,000; 

16 ‘‘Administration of Foreign Affairs, Emergencies in the 

17 Diplomatic and Consular Service’’, $9,400,000; ‘‘Adminis18 tration of Foreign Affairs, Representation Allowances’’, 

19 $7,685,000; ‘‘Administration of Foreign Affairs, Payment 

20 to the American Institute in Taiwan’’, $19,904,000; ‘‘Ad21 ministration of Foreign Affairs, Civilian Stabilization Ini22 tiative’’, $40,000,000; and ‘‘Administration of Foreign Af23 fairs, Protection of Foreign Missions and Officials’’, 

24 $26,320,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
321 

•HR 1 IH

1 SEC. 2103. Notwithstanding section 1101, the level 

2 for each of the following accounts shall be as follows: 

3 ‘‘International Organizations, Contributions to Inter4 national Organizations’’, $1,516,430,000; ‘‘International 

5 Organizations, Contributions for International Peace6 keeping Activities’’, $1,898,511,000; ‘‘Related Programs, 

7 United States Institute of Peace’’, $42,676,000, which 

8 shall not be used for construction activities; ‘‘Related Pro9 grams, East-West Center’’, $10,716,000; and ‘‘Inter10 national Commissions, International Fisheries Commis11 sions’’, $44,627,000. 

12 SEC. 2104. Notwithstanding section 1101, the level 

13 for each of the following accounts shall be as follows: 

14 ‘‘International Commissions, International Boundary and 

15 Water Commission, United States and Mexico, Salaries 

16 and Expenses’’, $43,419,000; ‘‘International Commis17 sions, International Boundary and Water Commission, 

18 United States and Mexico, Construction’’, $25,286,000; 

19 ‘‘International Commissions, American Sections’’, 

20 $11,852,000; ‘‘Related Programs, The Asia Foundation’’, 

21 $14,749,000; ‘‘Other Commissions, Commission for the 

22 Preservation of America’s Heritage Abroad, Salaries and 

23 Expenses’’, $597,000; ‘‘Other Commissions, United States 

24 Commission on International Religious Freedom, Salaries 

25 and Expenses’’, $4,042,000; ‘‘Other Commissions, ComVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
322 

•HR 1 IH

1 mission on Security and Cooperation in Europe, Salaries 

2 and Expenses’’, $2,453,000; ‘‘Other Commissions, Con3 gressional-Executive Commission on the People’s Republic 

4 of China, Salaries and Expenses’’, $1,880,000; and 

5 ‘‘Other Commissions, United States-China Economic and 

6 Security Review Commission’’, $3,290,000. 

7 SEC. 2105. Notwithstanding section 1101, the level 

8 for each of the following accounts shall be as follows: ‘‘Re9 lated Agency, Broadcasting Board of Governors, Inter10 national Broadcasting Operations’’, $689,761,000; and 

11 ‘‘Related Agency, Broadcasting Board of Governors, 

12 Broadcasting Capital Improvements’’, $6,785,000. 

13 SEC. 2106. Notwithstanding section 1101, the level 

14 for each of the following accounts shall be as follows: ‘‘Ad15 ministration of Foreign Affairs, Educational and Cultural 

16 Exchange Programs’’, $501,347,000; ‘‘Related Programs, 

17 National Endowment for Democracy’’, $110,920,000, of 

18 which $100,000,000 shall be allocated in the traditional 

19 and customary manner, including for the core institutes; 

20 ‘‘Bilateral Economic Assistance, Independent Agencies, 

21 Inter-American Foundation’’, $20,830,000; and ‘‘Bilateral 

22 Economic Assistance, Independent Agencies, African De23 velopment Foundation’’, $29,757,000. 

24 SEC. 2107. Notwithstanding section 1101, the level 

25 for each of the following accounts shall be as follows: 


emcdonald on DSK2BSOYB1PROD with BILLS
323 

•HR 1 IH

1 ‘‘United States Agency for International Development, 

2 Funds Appropriated to the President, Operating Ex3 penses’’, $1,267,872,000; ‘‘United States Agency for 

4 International Development, Funds Appropriated to the 

5 President, Civilian Stabilization Initiative’’, $7,000,000; 

6 ‘‘United States Agency for International Development, 

7 Funds Appropriated to the President, Capital Investment 

8 Fund’’, $120,777,000; and ‘‘United States Agency for 

9 International Development, Funds Appropriated to the 

10 President, Office of Inspector General’’, $43,710,000. 

11 SEC. 2108. Notwithstanding section 1101, the level 

12 for each of the following accounts shall be as follows: ‘‘Bi13 lateral Economic Assistance, Funds Appropriated to the 

14 President, Development Assistance’’, $1,773,780,000; 

15 ‘‘Bilateral Economic Assistance, Funds Appropriated to 

16 the President, Assistance for Europe, Eurasia and Central 

17 Asia’’, $697,134,000; and ‘‘Bilateral Economic Assist18 ance, Independent Agencies, Millennium Challenge Cor19 poration’’, $790,000,000. 

20 SEC. 2109. Notwithstanding section 1101, the level 

21 for each of the following accounts shall be as follows: ‘‘Bi22 lateral Economic Assistance, Funds Appropriated to the 

23 President, Economic Support Fund’’, $5,706,552,000; 

24 ‘‘Bilateral Economic Assistance, Funds Appropriated to 

25 the President, Democracy Fund’’, $112,800,000; ‘‘DeVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
324 

•HR 1 IH

1 partment of the Treasury, International Affairs Technical 

2 Assistance’’, $20,235,000; and ‘‘Department of the Treas3 ury, Debt Restructuring’’, $30,055,000. 

4 SEC. 2110. Notwithstanding section 1101, the level 

5 for each of the following accounts shall be as follows: ‘‘Bi6 lateral Economic Assistance, Funds Appropriated to the 

7 President, International Disaster Assistance’’, 

8 $429,739,000; and ‘‘Bilateral Economic Assistance, 

9 Funds Appropriated to the President, Transition Initia10 tives’’, $44,635,000. 

11 SEC. 2111. Notwithstanding section 1101, the level 

12 for each of the following accounts shall be as follows: ‘‘Bi13 lateral Economic Assistance, Department of State, Migra14 tion and Refugee Assistance’’, $1,023,178,000; and ‘‘Bi15 lateral Economic Assistance, Department of State, United 

16 States Emergency Refugee and Migration Assistance 

17 Fund’’, $44,635,000. 

18 SEC. 2112. Notwithstanding section 1101, the level 

19 for ‘‘Bilateral Economic Assistance, Independent Agen20 cies, Peace Corps’’ shall be $330,799,000. 

21 SEC. 2113. Notwithstanding section 1101, the level 

22 for each of the following accounts shall be as follows: 

23 ‘‘International Security Assistance, Department of State, 

24 Nonproliferation, Anti-terrorism, Demining and Related 

25 Programs’’, $740,000,000; and ‘‘International Security 


emcdonald on DSK2BSOYB1PROD with BILLS
325 

•HR 1 IH

1 Assistance, Department of State, Peacekeeping Oper2 ations’’, $305,000,000. 

3 SEC. 2114. Notwithstanding section 1101, the level 

4 for each of the following accounts shall be as follows: 

5 ‘‘International Security Assistance, Funds Appropriated 

6 to the President, Pakistan Counterinsurgency Capability 

7 Fund’’, $1,000,000,000, which shall remain available until 

8 September 30, 2012, and shall be available to the Sec9 retary of State under the terms and conditions provided 

10 for this Fund in Public Law 111–32; and ‘‘International 

11 Security Assistance, Funds Appropriated to the President, 

12 Foreign Military Financing Program’’, $5,385,000,000, of 

13 which not less than $3,000,000,000 shall be available for 

14 grants only for Israel and $1,300,000,000 shall be avail15 able for grants only for Egypt and $300,000,000 shall be 

16 available for assistance for Jordan: Provided, That the 

17 dollar amount in the fourth proviso under the heading 

18 ‘‘International Security Assistance, Funds Appropriated 

19 to the President, Foreign Military Financing Program’’ 

20 in division F of Public Law 111–117 shall be deemed to 

21 be $789,000,000 for the purpose of applying funds appro22 priated under such heading by this division. 

23 SEC. 2115. Notwithstanding section 1101, the level 

24 for each of the following accounts shall be as follows: 

25 ‘‘Multilateral Assistance, Funds Appropriated to the 


emcdonald on DSK2BSOYB1PROD with BILLS
326 

•HR 1 IH

1 President, International Organizations and Programs’’, 

2 $309,897,000; ‘‘Multilateral Assistance, Funds Appro3 priated to the President, International Financial Institu4 tions, Global Environment Facility’’, $32,020,000; ‘‘Multi5 lateral Assistance, Funds Appropriated to the President, 

6 International Financial Institutions, Contribution to the 

7 International Development Association’’, $942,305,000; 

8 ‘‘Multilateral Assistance, Funds Appropriated to the 

9 President, International Financial Institutions, Contribu10 tion to the Enterprise for the Americas Multilateral In11 vestment Fund’’, $20,127,000; ‘‘Multilateral Assistance, 

12 Funds Appropriated to the President, International Fi13 nancial Institutions, Contribution to the African Develop14 ment Fund’’, $134,585,000; and ‘‘Multilateral Assistance, 

15 Funds Appropriated to the President, International Fi16 nancial Institutions, International Fund for Agricultural 

17 Development’’, $17,926,000. 

18 SEC. 2116. Notwithstanding section 1101, the level 

19 for each of the following accounts shall be as follows: ‘‘Ex20 port and Investment Assistance, Overseas Private Invest21 ment Corporation, Noncredit Account’’, $47,115,000; 

22 ‘‘Export and Investment Assistance, Overseas Private In23 vestment Corporation, Program Account’’, $23,310,000; 

24 and ‘‘Export and Investment Assistance, Funds ApproVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
327 

•HR 1 IH

1 priated to the President, Trade and Development Agen2 cy’’, $49,992,000. 

3 SEC. 2117. (a) Notwithstanding section 1101, the 

4 amounts included under the heading ‘‘Administration of 

5 Foreign Affairs, Embassy Security, Construction and 

6 Maintenance’’ in division F of Public Law 111–117 shall 

7 be applied to funds appropriated by this division as fol8 lows: by substituting ‘‘$824,239,000’’ for ‘‘$876,850,000’’ 

9 in the first paragraph; and by substituting 

10 ‘‘$796,462,000’’ for ‘‘$847,300,000’’ in the second para11 graph. 

12 (b) Notwithstanding section 1101, the amounts in13 cluded under the heading ‘‘Administration of Foreign Af14 fairs, Repatriation Loans Program Account’’ in division 

15 F of Public Law 111–117 shall be applied to funds appro16 priated by this division as follows: by substituting 

17 ‘‘$695,000’’ for ‘‘$739,000’’ in the first paragraph; and 

18 by substituting ‘‘$668,000’’ for ‘‘$711,000’’ in the second 

19 paragraph. 

20 (c) Notwithstanding section 1101, the level in the sec21 ond paragraph under the heading ‘‘Bilateral Economic As22 sistance, Funds Appropriated to the President, Develop23 ment Credit Authority’’ shall be $8,084,000. 

24 SEC. 2118. Notwithstanding section 1101, the 

25 amounts included under the heading ‘‘Bilateral Economic 


emcdonald on DSK2BSOYB1PROD with BILLS
328 

•HR 1 IH

1 Assistance, Funds Appropriated to the President, Global 

2 Health and Child Survival’’ in division F of Public Law 

3 111–117 shall be applied to funds appropriated by this 

4 division as follows: by substituting in the first paragraph 

5 ‘‘$2,149,780,000’’ for ‘‘$2,420,000,000’’; by substituting 

6 in the second paragraph ‘‘$4,845,700,000’’ for 

7 ‘‘$5,359,000,000’’ and ‘‘$600,000,000’’ for 

8 ‘‘$750,000,000’’. 

9 SEC. 2119. Notwithstanding section 1101, the level 

10 for each of the following accounts shall be $0: ‘‘Adminis11 tration of Foreign Affairs, Buying Power Maintenance Ac12 count’’; ‘‘Bilateral Economic Assistance, Funds Appro13 priated to the President, Complex Crises Fund’’; ‘‘Bilat14 eral Economic Assistance, Funds Appropriated to the 

15 President, International Fund for Ireland’’; ‘‘Multilateral 

16 Assistance, Funds Appropriated to the President, Con17 tribution to the Clean Technology Fund’’; ‘‘Multilateral 

18 Assistance, Funds Appropriated to the President, Con19 tribution to the Strategic Climate Fund’’; and ‘‘Multilat20 eral Assistance, Funds Appropriated to the President, 

21 Contribution to the Asian Development Fund’’. 

22 SEC. 2120. (a) Of the unobligated balances available 

23 from funds appropriated under the heading ‘‘Export and 

24 Investment Assistance, Export-Import Bank of the United 

25 States, Subsidy Appropriation’’ in the Department of 


emcdonald on DSK2BSOYB1PROD with BILLS
329 

•HR 1 IH

1 State, Foreign Operations, and Related Programs Appro2 priations Act, 2009 (division H of Public Law 111–8) and 

3 under such heading in prior acts making appropriations 

4 for the Department of State, foreign operations, and re5 lated programs, $150,000,000 are rescinded. 

6 (b) Of the unobligated balances from funds appro7 priated or otherwise made available for the Buying Power 

8 Maintenance Account, $18,960,000 are rescinded. 

9 (c) Of the unobligated balances available for the De10 velopment Assistance account, as identified by Treasury 

11 Appropriation Fund Symbols 7206/111021, $1,000,000 

12 are rescinded. 

13 (d) Of the unobligated balances available for the As14 sistance for the Independent States of the Former Soviet 

15 Union account, as identified by Treasury Appropriation 

16 Fund Symbols 7206/111093, 7207/121093, and 

17 72X1093, $11,700,000 are rescinded. 

18 (e) Of the unobligated balances available for the 

19 International Narcotics Control and Law Enforcement ac20 count, as identified by Treasury Appropriation Fund Sym21 bols, 11X1022, 1106/121022, and 191105/111022, 

22 $7,183,000 are rescinded. 

23 SEC. 2121. (a) Notwithstanding section 653(b) of the 

24 Foreign Assistance Act of 1961 (22 U.S.C. 2413(b)), the 

25 President shall transmit to Congress the report required 


emcdonald on DSK2BSOYB1PROD with BILLS
330 

•HR 1 IH

1 under section 653(a) of that Act with respect to the provi2 sion of funds appropriated or otherwise made available by 

3 this division for the Department of State, foreign oper4 ations, and related programs: Provided, That such report 

5 shall include a comparison of amounts, by category of as6 sistance, provided or intended to be provided from funds 

7 appropriated for fiscal years 2010 and 2011, for each for8 eign country and international organization. 

9 (b) Not later than 30 days after the date of enact10 ment of this division, each department, agency or organi11 zation funded by this title or by division F of Public Law 

12 111–117 shall submit to the Committees on Appropria13 tions an operating plan for such funds that provides de14 tails at the program, project, and activity level: Provided, 

15 That the report required under subsection (a) shall be con16 sidered to have met the requirements of this subsection 

17 with respect to funds made available to carry out the For18 eign Assistance Act of 1961 and the Arms Export Control 

19 Act: Provided further, That the spending reports required 

20 in division F of Public Law 111–117 for assistance for 

21 Afghanistan, Pakistan, Iraq, the Caribbean Basin, Leb22 anon, Mexico, and Central America, and spending reports 

23 required for funds appropriated under the headings ‘‘Dip24 lomatic and Consular Programs’’, ‘‘Embassy Security, 

25 Construction, and Maintenance’’, ‘‘International Narcotics 


emcdonald on DSK2BSOYB1PROD with BILLS
331 

•HR 1 IH

1 Control and Law Enforcement’’, ‘‘Civilian Stabilization 

2 Initiative’’, and ‘‘Peace Corps’’ shall be considered to have 

3 met the requirements of this subsection. 

4 (c) The reports required under subsection (b) shall 

5 not be considered as meeting the notification requirements 

6 under section 7015 of division F of Public Law 111–117 

7 or under section 634A of the Foreign Assistance Act of 

8 1961. 

9 SEC. 2122. (a) Notwithstanding any other provision 

10 of this division, the dollar amounts under paragraphs (1) 

11 through (4) under the heading ‘‘Administration of Foreign 

12 Affairs, Diplomatic and Consular Programs’’ in division 

13 F of Public Law 111–117 shall not apply to funds appro14 priated by this division: Provided, That the dollar amounts 

15 to be derived from fees collected under paragraph (5)(A) 

16 under such heading shall be ‘‘$1,702,904’’ and 

17 ‘‘$505,000’’ respectively: Provided further, That none of 

18 the funds appropriated by this division may be used to 

19 support the United States Ambassador’s Fund for Cul20 tural Preservation. 

21 (b) Division F of Public Law 111–117 shall be ap22 plied to funds appropriated by this division under the 

23 heading ‘‘Development Assistance’’ by substituting 

24 ‘‘should’’ for ‘‘shall’’ each place it appears: Provided, That 

25 the sixth, seventh and eighth provisos under the heading 


emcdonald on DSK2BSOYB1PROD with BILLS
332 

•HR 1 IH

1 ‘‘Development Assistance’’ in division F of Public Law 

2 111–117 shall not apply to funds appropriated by this 

3 title. 

4 (c) Division F of Public Law 111–117 shall be ap5 plied to funds appropriated by this division under the 

6 heading ‘‘Economic Support Fund’’ by substituting 

7 ‘‘should’’ for ‘‘shall’’ each place it appears in the fourth 

8 and sixteenth provisos. 

9 (d) Notwithstanding any other provision of this divi10 sion, the following provisions in division F of Public Law 

11 111–117 shall not apply to funds appropriated by this di12 vision: 

13 (1) Section 7034(l). 

14 (2) Section 7042(a), (b)(1), (c), and (d)(1). 

15 (3) In section 7045: 

16 (A) Subsections (a) and (b)(2). 

17 (B) The first sentence of subsection (c). 

18 (C) The first sentence of subsection (e)(1). 

19 (D) The first sentence of subsection (f). 

20 (E) Subsection (h). 

21 (4) Section 7070(b). 

22 (5) Section 7071(g)(3). 

23 (6) The third proviso under the heading ‘‘Ad24 ministration of Foreign Affairs, Civilian Stabiliza25 tion Initiative’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
333 

•HR 1 IH

1 (7) The fourth proviso under the heading ‘‘Bi2 lateral Economic Assistance, Funds Appropriated to 

3 the President, Assistance for Europe, Eurasia and 

4 Central Asia’’. 

5 (e)(1) Notwithstanding the proviso in section 7060 

6 in division F of Public Law 111–117, of the funds appro7 priated or otherwise made available by this division for 

8 the Department of State, foreign operations, and related 

9 programs, not more than $440,000,000 may be made 

10 available for family planning/reproductive health: Pro11 vided, That none of the funds appropriated or otherwise 

12 made available by this division for the Department of 

13 State, foreign operations, and related programs may be 

14 made available for the United Nations Population Fund: 

15 Provided further, That section 7078 of division F of Public 

16 Law 111–117 shall not apply to funds appropriated by 

17 this division. 

18 (2) None of the funds appropriated or otherwise 

19 made available by this division for the Department of 

20 State, foreign operations, and related programs for popu21 lation planning activities or other population assistance 

22 may be made available to any foreign nongovernmental or23 ganization that promotes or performs abortion, except in 

24 cases of rape or incest or when the life of the mother 

25 would be endangered if the fetus were carried to term. 


emcdonald on DSK2BSOYB1PROD with BILLS
334 

•HR 1 IH

1 (f) Section 7064(a)(1) and (b) of division F of Public 

2 Law 111–117 shall be applied to funds appropriated by 

3 this division by substituting ‘‘should’’ for ‘‘shall’’ each 

4 place it appears. 

5 (g) Section 7081 of division F of Public Law 111– 

6 117 shall not apply to funds appropriated by this division: 

7 Provided, That the second proviso of section 7081(d) of 

8 division F of Public Law 111–117 is repealed. 

9 (h) Section 7042 of division F of Public Law 111– 

10 117 shall be applied to funds appropriated by this division 

11 by substituting ‘‘$552,900,000’’ for the dollar amount in 

12 subsection (f)(1). 

13 SEC. 2123. (a) The first proviso under the heading 

14 ‘‘Economic Support Fund’’ in division F of Public Law 

15 111–117 shall be applied to funds appropriated by this 

16 division by substituting the following: ‘‘Provided, That of 

17 the funds appropriated under this heading, up to 

18 $250,000,000 may be provided for assistance for Egypt: 

19 Provided further, That any assistance made available to 

20 the Government of Egypt shall be provided with the un21 derstanding that Egypt will undertake significant eco22 nomic and democratic reforms that are additional to those 

23 that were undertaken in previous fiscal years:’’. 

24 (b) The tenth proviso under the heading ‘‘Economic 

25 Support Fund’’ in division F of Public Law 111–117 shall 


emcdonald on DSK2BSOYB1PROD with BILLS
335 

•HR 1 IH

1 be applied to funds appropriated by this division by sub2 stituting the following: ‘‘Provided further, That funds ap3 propriated or otherwise made available by this division for 

4 assistance for Afghanistan and Pakistan may not be made 

5 available for direct government-to-government assistance 

6 unless the Secretary of State certifies to the Committees 

7 on Appropriations that the relevant implementing agency 

8 has been assessed and considered qualified to manage such 

9 funds and the Government of the United States and the 

10 government of the recipient country have agreed, in writ11 ing, to clear and achievable goals and objectives for the 

12 use of such funds, and have established mechanisms with13 in each implementing agency to ensure that such funds 

14 are used for the purposes for which they were intended:’’. 

15 (c) The second proviso under the heading ‘‘Inter16 national Security Assistance, Department of State, Peace17 keeping Operations’’ in division F of Public Law 111–117 

18 shall be applied by substituting the following: ‘‘Provided 

19 further, That up to $55,918,000 may be used to pay as20 sessed expenses of international peacekeeping activities in 

21 Somalia, except that up to an additional $35,000,000 may 

22 be made available for such purpose subject to prior con23 sultation with, and the regular notification procedures of, 

24 the Committees on Appropriations:’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
336 

•HR 1 IH

1 (d) 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 (e) Section 7034(n) of division F of Public Law 111– 

10 117 shall be applied to funds appropriated by this division 

11 by adding at the end before the period the following: ‘‘: 

12 Provided, That not less than $10,000,000 should be trans13 ferred and merged with funds available under the heading 

14 ‘Related Agency, Broadcasting Board of Governors, Inter15 national Broadcasting Operations’ to carry out the pur16 poses of this subsection’’. 

17 (f) Section 7042 of division F of Public Law 111– 

18 117 shall be applied to funds appropriated by this division 

19 by substituting the following for the proviso in subsection 

20 (d)(2): ‘‘: Provided, That funds may not be made available 

21 for obligation until the Secretary of State determines and 

22 reports to the Committees on Appropriations that funds 

23 provided are in the national security interest of the United 

24 States and provides the Committees on Appropriations a 

25 detailed spending plan.’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
337 

•HR 1 IH

1 (g) Section 7043 of division F of Public Law 111– 

2 117 shall be applied to funds appropriated by this division 

3 by substituting the following for subsection (b): 

4 ‘‘(b) LIMITATION.—None of the funds appropriated 

5 or otherwise made available in title VI of this division 

6 under the heading ‘Export-Import Bank of the United 

7 States’ may be used by the Export-Import Bank of the 

8 United States to provide any new financing (including 

9 loans, guarantees, other credits, insurance, and reinsur10 ance) to any person that is subject to sanctions under 

11 paragraph (2) or (3) of section 5(a) of the Iran Sanctions 

12 Act of 1996 (Public Law 104–172).’’. 

13 (h) Sections 7061, 7065, 7071(i), and 7087(a) of di14 vision F of Public Law 111–117 shall be applied to funds 

15 appropriated by this division by substituting ‘‘should’’ for 

16 ‘‘shall’’ each place it appears. 

17 (i) Section 7071(b) of division F of Public Law 111– 

18 117 shall be applied to funds appropriated by this division 

19 by substituting ‘‘up to $36,500,000 may’’ for ‘‘not less 

20 than $36,500,000 shall’’ in paragraph (2). 

21 SEC. 2124. (a) IN GENERAL.—Subsections (b) 

22 through (d) of this section shall apply to funds appro23 priated by this division in lieu of section 7076 of division 

24 F of Public Law 111–117. 


emcdonald on DSK2BSOYB1PROD with BILLS
338 

•HR 1 IH

1 (b) LIMITATION.—None of the funds appropriated or 

2 otherwise made available by this division under the head3 ings ‘‘Economic Support Fund’’ and ‘‘International Nar4 cotics Control and Law Enforcement’’ may be obligated 

5 for assistance for Afghanistan until the Secretary of State, 

6 in consultation with the Administrator of the United 

7 States Agency for International Development (USAID), 

8 certifies and reports to the Committees on Appropriations 

9 the following: 

10 (1) The Government of Afghanistan is— 

11 (A) demonstrating a commitment to reduce 

12 corruption and improve governance, including 

13 by investigating, prosecuting, and sanctioning 

14 or removing corrupt officials from office and to 

15 implement financial transparency and account16 ability measures for government institutions 

17 and officials (including the Central Bank); 

18 (B) taking significant steps to facilitate ac19 tive public participation in governance and over20 sight; and 

21 (C) taking credible steps to protect the 

22 internationally recognized human rights of Af23 ghan women. 

24 (2) There is a unified United States Govern25 ment anti-corruption strategy for Afghanistan. 


emcdonald on DSK2BSOYB1PROD with BILLS
339 

•HR 1 IH

1 (3) Funds will be programmed to support and 

2 strengthen the capacity of Afghan public and private 

3 institutions and entities to reduce corruption and to 

4 improve transparency and accountability of national, 

5 provincial, and local governments, as outlined in the 

6 spending plan submitted to the Committees on Ap7 propriations on October 26, 2010 (CN 10–298). 

8 (4) Representatives of Afghan national, provin9 cial, or local governments, local communities and 

10 civil society organizations, as appropriate, will be 

11 consulted and participate in the design of programs, 

12 projects, and activities, including participation in im13 plementation and oversight, and the development of 

14 specific benchmarks to measure progress and out15 comes. 

16 (5) Funds will be used to train and deploy addi17 tional United States Government direct-hire per18 sonnel to improve monitoring and control of assist19 ance. 

20 (6) A framework and methodology is being uti21 lized to assess national, provincial, local, and sector 

22 level fiduciary risks relating to public financial man23 agement of United States Government assistance. 

24 (c) ASSISTANCE AND OPERATIONS.— 


emcdonald on DSK2BSOYB1PROD with BILLS
340 

•HR 1 IH

1 (1) Funds appropriated under the headings 

2 ‘‘Economic Support Fund’’ and ‘‘International Nar3 cotics Control and Law Enforcement’’ by this divi4 sion that are available for assistance for Afghani5 stan— 

6 (A) shall be made available, to the max7 imum extent practicable, in a manner that em8 phasizes the participation of Afghan women, 

9 and directly improves the security, economic 

10 and social well-being, and political status, and 

11 protects the rights of, Afghan women and girls 

12 and complies with sections 7062 and 7063 of 

13 division F of Public Law 111–117, including 

14 support for the Afghan Independent Human 

15 Rights Commission, the Afghan Ministry of 

16 Women’s Affairs, and women-led nongovern17 mental organizations; 

18 (B) may be made available for a United 

19 States contribution to an internationally-man20 aged fund to support the reconciliation with 

21 and disarmament, demobilization and reintegra22 tion into Afghan society of former combatants 

23 who have renounced violence against the Gov24 ernment of Afghanistan: Provided, That funds 


emcdonald on DSK2BSOYB1PROD with BILLS
341 

•HR 1 IH

1 may be made available to support reconciliation 

2 and reintegration activities only if— 

3 (i) Afghan women are participating at 

4 national, provincial and local levels of gov5 ernment in the design, policy formulation 

6 and implementation of the reconciliation or 

7 reintegration process, and such process up8 holds steps taken by the Government of 

9 Afghanistan to protect the internationally 

10 recognized human rights of Afghan women; 

11 and 

12 (ii) such funds will not be used to 

13 support any pardon or immunity from 

14 prosecution, or any position in the Govern15 ment of Afghanistan or security forces, for 

16 any leader of an armed group responsible 

17 for crimes against humanity, war crimes, 

18 or other violations of internationally recog19 nized human rights; 

20 (C) may be made available as a United 

21 States contribution to the Afghanistan Recon22 struction Trust Fund (ARTF) unless the Sec23 retary of State determines and reports to the 

24 Committees on Appropriations that the World 

25 Bank Monitoring Agent of the ARTF is unable 


emcdonald on DSK2BSOYB1PROD with BILLS
342 

•HR 1 IH

1 to conduct its financial control and audit re2 sponsibilities due to restrictions on security per3 sonnel by the Government of Afghanistan; and 

4 (D) may be made available for a United 

5 States contribution to the North Atlantic Trea6 ty Organization/International Security Assist7 ance Force Post-Operations Humanitarian Re8 lief Fund. 

9 (2) Funds appropriated under the headings 

10 ‘‘Economic Support Fund’’ and ‘‘International Nar11 cotics Control and Law Enforcement’’ by this divi12 sion that are available for assistance for Afghanistan 

13 that provide training for foreign police, judicial, and 

14 military personnel shall address, where appropriate, 

15 gender-based violence. 

16 (3) The authority contained in section 1102(c) 

17 of Public Law 111–32 shall continue in effect during 

18 fiscal year 2011 and shall apply as if part of this di19 vision. 

20 (4) The Coordinator for Rule of Law at the 

21 United States Embassy in Kabul, Afghanistan shall 

22 be consulted on the use of all funds appropriated by 

23 this division for rule of law programs in Afghani24 stan. 


emcdonald on DSK2BSOYB1PROD with BILLS
343 

•HR 1 IH

1 (5) None of the funds made available by this di2 vision may be used by the United States Govern3 ment to enter into a permanent basing rights agree4 ment between the United States and Afghanistan. 

5 (6) The Secretary of State, after consultation 

6 with the USAID Administrator, shall submit to the 

7 Committees on Appropriations not later than 45 

8 days after enactment of this division, and prior to 

9 the initial obligation of funds for assistance for Af10 ghanistan, a detailed spending plan for such assist11 ance which shall include clear and achievable goals, 

12 benchmarks for measuring progress, and expected 

13 results: Provided, That such plan shall not be con14 sidered as meeting the notification requirements 

15 under section 7015 of division F of Public Law 111– 

16 117 or under section 634A of the Foreign Assist17 ance Act of 1961. 

18 (d) OVERSIGHT.—(1) The Special Inspector General 

19 for Afghanistan Reconstruction, the Inspector General of 

20 the Department of State and the Inspector General of 

21 USAID, shall jointly develop and submit to the Commit22 tees on Appropriations within 45 days of enactment of this 

23 division a coordinated audit and inspection plan of United 

24 States assistance for, and civilian operations in, Afghani25 stan. 


emcdonald on DSK2BSOYB1PROD with BILLS
344 

•HR 1 IH

1 (2) Of the funds appropriated by this division 

2 under the heading ‘‘Economic Support Fund’’ for 

3 assistance for Afghanistan, $3,000,000 shall be 

4 transferred to, and merged with, funds made avail5 able under the heading ‘‘Administration of Foreign 

6 Affairs, Office of Inspector General’’ by this division, 

7 for increased oversight of programs in Afghanistan 

8 and shall be in addition to funds otherwise available 

9 for such purposes: Provided, That $1,500,000 shall 

10 be for the activities of the Special Inspector General 

11 for Afghanistan Reconstruction. 

12 (3) Of the funds appropriated by this division 

13 under the heading ‘‘Economic Support Fund’’ for 

14 assistance for Afghanistan, $1,500,000 shall be 

15 transferred to, and merged with, funds appropriated 

16 under the heading ‘‘United States Agency for Inter17 national Development, Funds Appropriated to the 

18 President, Office of Inspector General’’ by this divi19 sion for increased oversight of programs in Afghani20 stan 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: 


emcdonald on DSK2BSOYB1PROD with BILLS
345 

•HR 1 IH

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 

5 is 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 

14 is 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’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
346 

•HR 1 IH

1 TITLE XII—TRANSPORTATION, HOUSING AND 

2 URBAN DEVELOPMENT, AND RELATED 

3 AGENCIES 

4 SEC. 2201. Notwithstanding section 1101, the level 

5 for ‘‘Department of Transportation, Federal Aviation Ad6 ministration, Operations’’ shall be $9,523,028,000, of 

7 which $4,559,000,000 shall be derived from the Airport 

8 and Airway Trust Fund, of which not less than 

9 $7,473,299,000 shall be for air traffic organization activi10 ties and not less than $1,253,020,000 shall be for aviation 

11 regulation and certification activities. 

12 SEC. 2202. Notwithstanding section 1101, the level 

13 for ‘‘Department of Transportation, Federal Aviation Ad14 ministration, Facilities and Equipment’’ shall be 

15 $2,736,203,000, of which $2,226,203,000 shall remain 

16 available through September 30, 2013, and of which 

17 $470,000,000 shall remain available through September 

18 30, 2011. 

19 SEC. 2203. Notwithstanding section 1101, the level 

20 for each of the following accounts shall be $0: ‘‘Depart21 ment of Transportation, Office of the Secretary, National 

22 Infrastructure Investments’’; ‘‘Department of Transpor23 tation, Federal Highway Administration, Surface Trans24 portation Priorities’’; ‘‘Department of Transportation, 

25 Federal Transit Administration, Grants for Energy EffiVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
347 

•HR 1 IH

1 ciency and Greenhouse Gas Reductions’’; ‘‘Department of 

2 Transportation, Federal Railroad Administration, Rail3 road Safety Technology Program’’; ‘‘Department of 

4 Transportation, Federal Railroad Administration, Capital 

5 Assistance for High Speed Rail Corridors and Intercity 

6 Passenger Rail Service’’; ‘‘Department of Transportation, 

7 Maritime Administration, Assistance to Small Shipyards’’; 

8 and ‘‘Department of Transportation, Federal Transit Ad9 ministration, Grants to the Washington Metropolitan Area 

10 Transit Authority’’. 

11 SEC. 2204. Notwithstanding section 1101, the level 

12 for ‘‘Department of Transportation, Federal Aviation Ad13 ministration, Research, Engineering, and Development’’ 

14 shall be $146,828,000. 

15 SEC. 2205. Notwithstanding section 1101, the level 

16 for ‘‘Department of Transportation, Federal Transit Ad17 ministration, Capital Investment Grants’’ shall be 

18 $1,569,092,000. 

19 SEC. 2206. Notwithstanding section 1101, the level 

20 for ‘‘Department of Transportation, Federal Railroad Ad21 ministration, Rail Line Relocation and Improvement Pro22 gram’’ shall be $15,000,000. 

23 SEC. 2207. Notwithstanding section 1101, the level 

24 for ‘‘Department of Transportation, Federal Railroad Ad25 ministration, Capital and Debt Service Grants to the NaVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
348 

•HR 1 IH

1 tional Railroad Passenger Corporation’’ shall be 

2 $850,000,000. 

3 SEC. 2208. Notwithstanding section 1101, the level 

4 for ‘‘Maritime Administration, Operations and Training’’ 

5 shall be $155,750,000, of which $11,240,000 shall remain 

6 available until expended for maintenance and repair of 

7 training ships at State Maritime Academies; of which 

8 $15,000,000 shall remain available until expended for cap9 ital improvements at the United States Merchant Marine 

10 Academy; of which $59,057,000 shall be available for op11 erations at the United States Merchant Marine Academy; 

12 and of which $6,000,000 shall remain available until ex13 pended for the reimbursement of overcharged midshipmen 

14 fees for academic years 2003–2004 through 2008–2009, 

15 and such reimbursement shall be the final and conclusive 

16 disposition of claims for such overcharges. 

17 SEC. 2209. Of the prior year unobligated balances 

18 available for ‘‘Department of Transportation, Federal 

19 Railroad Administration, Capital Assistance for High 

20 Speed Rail Corridors and Intercity Passenger Rail Serv21 ice’’, $2,475,000,000 is rescinded. 

22 SEC. 2210. Of the prior year unobligated balances 

23 available for ‘‘Department of Transportation, Office of the 

24 Secretary, National Infrastructure Investments’’, 

25 $600,000,000 is rescinded. 


emcdonald on DSK2BSOYB1PROD with BILLS
349 

•HR 1 IH

1 SEC. 2211. Of the funds made available for ‘‘Depart2 ment of Transportation, Federal Transit Administration, 

3 Capital Investment Grants’’ in division A of Public Law 

4 111–117, $280,000,000 is rescinded. 

5 SEC. 2212. Of the prior year unobligated balances 

6 available for ‘‘Department of Transportation, Federal 

7 Railroad Administration, Railroad Safety Technology Pro8 gram’’, $50,000,000 is rescinded. 

9 SEC. 2213. Of the prior year unobligated balances 

10 available for ‘‘Department of Transportation, Federal 

11 Railroad Administration, Capital Assistance to States— 

12 Intercity Passenger Rail Service’’, $78,423,000 is re13 scinded. 

14 SEC. 2214. Of the prior year unobligated balances 

15 available for ‘‘Department of Transportation, Federal 

16 Transit Administration, Grants for Energy Efficiency and 

17 Greenhouse Gas Reductions’’, $75,000,000 is rescinded. 

18 SEC. 2215. Notwithstanding section 1101, no funds 

19 are provided for activities described in section 122 of title 

20 I of division A of Public Law 111–117. 

21 SEC. 2216. Notwithstanding section 1101, section 

22 172 of title I of division A of Public Law 111–117 shall 

23 not apply to funds appropriated by this division. 


emcdonald on DSK2BSOYB1PROD with BILLS
350 

•HR 1 IH

1 SEC. 2217. Notwithstanding section 1101, section 

2 186 of title I of division A of Public Law 111–117 shall 

3 not apply to fiscal year 2011. 

4 SEC. 2218. Notwithstanding section 1101, no funds 

5 are provided for activities described in section 195 of title 

6 I of division A of Public Law 111–117. 

7 SEC. 2219. (a) Notwithstanding section 1101 of this 

8 division and section 120(a)(5) title I of division A of Pub9 lic Law 111–117, no obligation limitation for Federal-aid 

10 highways for fiscal year 2011 shall be distributed to the 

11 following programs: the interstate maintenance discre12 tionary program under section 118(c) of title 23, United 

13 States Code; the Transportation, Community, and Sys14 tems Preservation program under section 1117 of the 

15 Safe, Accountable, Flexible, Efficient, Transportation Eq16 uity Act: A Legacy for Users; the Ferry Boats discre17 tionary program under sections 129(c) and 147 of title 

18 23, United States Code (except for the funds set aside 

19 under section 147(d) of title 23, United States Code); and 

20 the delta region transportation development program 

21 under section 1308 of the Safe, Accountable, Flexible, Ef22 ficient, Transportation Equity Act: A Legacy for Users. 

23 (b) The obligation limitation reserved under sub24 section (a) of this section shall be instead distributed as 

25 follows: 20 percent to the interstate maintenance program 


emcdonald on DSK2BSOYB1PROD with BILLS
351 

•HR 1 IH

1 authorized under section 119 of title 23, United States 

2 Code; 26 percent to the surface transportation program 

3 authorized under section 133 of title 23, United States 

4 Code; 17 percent to the highway bridge program author5 ized under section 144 of title 23, United States Code; 

6 5 percent to the highway safety improvement program au7 thorized under section 148 of title 23, United States Code; 

8 7 percent to the congestion mitigation and air quality 

9 maintenance program authorized under section 149 of 

10 title 23; and 25 percent for the national highway system 

11 program authorized under section 103 of title 23, United 

12 States Code: Provided, That the Secretary of Transpor13 tation shall distribute the obligation limitation under sub14 section (a) of this section to each State in the ratio in 

15 which such State is apportioned contract authority for 

16 such programs for fiscal year 2011 under section 104 and 

17 section 144 of title 23, United States Code. 

18 SEC. 2220. Notwithstanding section 1101, the level 

19 for ‘‘Department of Housing and Urban Development, 

20 Public and Indian Housing, Tenant-Based Rental Assist21 ance’’ shall be $14,080,098,711, to remain available 

22 through September 30, 2012, shall be available on October 

23 1, 2010 (in addition to the $4,000,000,000 previously ap24 propriated under such heading that became available on 

25 October 1, 2010), and an additional $4,000,000,000, to 


emcdonald on DSK2BSOYB1PROD with BILLS
352 

•HR 1 IH

1 remain available through September 30, 2013, shall be 

2 available on October 1, 2011: Provided, That of the 

3 amounts available for such heading, $16,702,688,117 

4 shall be for activities specified in paragraph (1) under 

5 such heading of division A of Public Law 111–117, 

6 $110,000,000 shall be for activities specified in paragraph 

7 (2) under such heading in such Public Law, 

8 $1,207,410,594 shall be for activities specified in para9 graph (3) under such heading in such Public Law, of 

10 which $1,157,410,594 shall be used as provided in the 

11 first proviso of such paragraph (3), and $0 shall be for 

12 activities specified in paragraph (6) under such heading 

13 of such Public Law. 

14 SEC. 2221. Notwithstanding section 1101, the level 

15 for ‘‘Department of Housing and Urban Development, 

16 Housing Programs, Project-Based Rental Assistance’’ 

17 shall be $8,882,328,000, to remain available through Sep18 tember 30, 2012, shall be available on October 1, 2010, 

19 and an additional $400,000,000, to remain available 

20 through September 30, 2013, shall be available on October 

21 1, 2011: Provided, That of the amounts available for such 

22 heading, $8,950,000,000 shall be for activities specified 

23 in paragraph (1) under such heading of division A of Pub24 lic Law 111–117 and $326,000,000 shall be available for 


emcdonald on DSK2BSOYB1PROD with BILLS
353 

•HR 1 IH

1 activities specified in paragraph (2) under such heading 

2 of such Public Law. 

3 SEC. 2222. Notwithstanding section 1101, the level 

4 for each of the following accounts shall be $0: ‘‘Depart5 ment of Housing and Urban Development, Public and In6 dian Housing, Revitalization of Severely Distressed Public 

7 Housing (HOPE VI)’’; ‘‘Department of Housing and 

8 Urban Development, Public and Indian Housing, Native 

9 Hawaiian Housing Block Grants’’; ‘‘Department of Hous10 ing and Urban Development, Housing Programs, Housing 

11 Counseling Assistance’’; ‘‘Department of Housing and 

12 Urban Development, Housing Programs, Energy Innova13 tion Fund’’; and ‘‘Department of Housing and Urban De14 velopment, Community Planning and Development, 

15 Brownfields Redevelopment’’. 

16 SEC. 2223. Notwithstanding section 1101, the level 

17 for ‘‘Department of Housing and Urban Development, 

18 Public and Indian Housing, Public Housing Operating 

19 Fund’’ shall be $4,626,000,000. 

20 SEC. 2224. Notwithstanding section 1101, the level 

21 for ‘‘Department of Housing and Urban Development, 

22 Public and Indian Housing, Public Housing Capital 

23 Fund’’ shall be $1,428,000,000. 

24 SEC. 2225. Notwithstanding section 1101, the level 

25 for ‘‘Department of Housing and Urban Development, 


emcdonald on DSK2BSOYB1PROD with BILLS
354 

•HR 1 IH

1 Public and Indian Housing, Native American Housing 

2 Block Grants’’ shall be $500,000,000. 

3 SEC. 2226. Notwithstanding section 1101, the level 

4 for ‘‘Department of Housing and Urban Development, 

5 Community Planning and Development, Community De6 velopment Fund’’ shall be $1,500,000,000: Provided, That 

7 the funds made available under such heading shall be used 

8 only for assistance under the community development 

9 block grant program that is provided under section 106 

10 of the Housing and Community Development Act of 1974 

11 (42 U.S.C. 5306), as amended: Provided further, That 

12 none of the funds appropriated or otherwise made avail13 able by this Act may be used for a Sustainable Commu14 nities Initiative. 

15 SEC. 2227. Notwithstanding section 1101, the level 

16 for ‘‘Department of Housing and Urban Development, 

17 Community Planning and Development, HOME Invest18 ment Partnerships Program’’ shall be $1,650,000,000. 

19 SEC. 2228. Notwithstanding section 1101, the level 

20 for ‘‘Department of Housing and Urban Development, Of21 fice of Lead Hazard Control and Healthy Homes, Lead 

22 Hazard Reduction’’ shall be $120,000,000. 

23 SEC. 2229. Notwithstanding section 1101, the level 

24 for ‘‘Department of Housing and Urban Development, 

25 Federal Housing Administration, Mutual Mortgage InsurVerDate Mar 15 2010 22:10 Feb 11, 2011 Jkt 099200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

emcdonald on DSK2BSOYB1PROD with BILLS
355 

•HR 1 IH

1 ance Program Account’’ for administrative contract ex2 penses shall be $207,000,000. 

3 SEC. 2230. Of the prior year unobligated balances 

4 available for ‘‘Department of Housing and Urban Devel5 opment, Community Planning and Development, 

6 Brownfields Redevelopment’’, $17,300,000 is rescinded. 

7 SEC. 2231. Of the prior year unobligated balances 

8 available for ‘‘Department of Housing and Urban Devel9 opment, Public and Indian Housing, Revitalization of Se10 verely Distressed Public Housing (HOPE VI)’’, 

11 $198,000,000 is rescinded. 

12 SEC. 2232. Of the prior year unobligated balances 

13 available for ‘‘Department of Housing and Urban Devel14 opment, Community Planning and Development, Commu15 nity Development Fund’’, $130,000,000 made available 

16 for a Sustainable Communities Initiative is rescinded. 

17 SEC. 2233. Of the prior year unobligated balances 

18 available for ‘‘Department of Housing and Urban Devel19 opment, Housing Programs, Energy Innovation Fund’’, 

20 $49,500,000 is rescinded. 

21 SEC. 2234. The heading ‘‘Department of Housing 

22 and Urban Development, Management and Administra23 tion, Transformation Initiative’’ in title II of division A 

24 of Public Law 111–117, is amended by striking ‘‘For nec25 essary expenses’’ and all that follows through the end of 


emcdonald on DSK2BSOYB1PROD with BILLS
356 

•HR 1 IH

1 such heading and inserting the following: ‘‘For necessary 

2 expenses of information technology modernization includ3 ing development and deployment of a Next Generation of 

4 Voucher Management System and development and de5 ployment of modernized Federal Housing Administration 

6 systems, $71,000,000: Provided, That not more than 25 

7 percent of the funds made available for information tech8 nology modernization may be obligated until the Secretary 

9 of Housing and Urban Development submits to the House 

10 and Senate Committees on Appropriations a plan for ex11 penditure that (1) identifies, for each modernization 

12 project (A) the functional and performance capabilities to 

13 be delivered and the mission benefits to be realized, (B) 

14 the estimated lifecycle cost, and (C) key milestones to be 

15 met; (2) demonstrates that each modernization project is 

16 (A) compliant with the Department’s enterprise architec17 ture, (B) being managed in accordance with applicable 

18 lifecycle management policies and guidance, (C) subject to 

19 the Department’s capital planning and investment control 

20 requirements, and (D) supported by an adequately staffed 

21 project office; and (3) has been reviewed by the Govern22 ment Accountability Office.’’. 

23 SEC. 2235. Notwithstanding section 1101, the level 

24 for ‘‘National Railroad Passenger Corporation, Office of 


emcdonald on DSK2BSOYB1PROD with BILLS
357 

•HR 1 IH

1 Inspector General, Salaries and Expenses’’ shall be 

2 $19,350,000. 

3 SEC. 2236. No rescission made in this title shall 

4 apply to any amount previously designated by the Con5 gress as an emergency requirement pursuant to a concur6 rent resolution on the budget or the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 SEC. 2237. Notwithstanding section 1101, the level 

9 for ‘‘Department of Housing and Urban Development, 

10 Housing Programs, Housing for the Elderly’’ shall be 

11 $237,700,000: Provided, That none of the funds made 

12 available under this heading shall be used for capital ad13 vances or project rental assistance contracts. 

14 SEC. 2238. Notwithstanding section 1101, the level 

15 for ‘‘Department of Housing and Urban Development, 

16 Housing Programs, Housing for Persons with Disabil17 ities’’ shall be $90,036,817: Provided, That none of the 

18 funds made available under this heading shall be used for 

19 capital advances or project rental assistance contracts: 

20 Provided further, That none of the funds shall be used for 

21 amendments or renewals of tenant-based assistance con22 tracts entered into prior to fiscal year 2005. 

23 DIVISION C—STIMULUS RESCISSIONS 

24 SEC. 3001. (a) There are hereby rescinded all unobli25 gated balances remaining available as of February 11, 


emcdonald on DSK2BSOYB1PROD with BILLS
358 

•HR 1 IH

1 2011, of the discretionary appropriations provided by divi2 sion A of the American Recovery and Reinvestment Act 

3 of 2009 (Public Law 111–5). 

4 (b) Subsection (a) shall not apply to funds appro5 priated or otherwise made available to Offices of Inspector 

6 General and the Recovery Act Accountability and Trans7 parency Board by division A of the American Recovery 

8 and Reinvestment Act of 2009 (Public Law 111–5). 

9 SEC. 3002. Hereafter, no Federal agency admin10 istering funds provided by division A of the American Re11 covery and Reinvestment Act of 2009 (Public Law 111– 

12 5) may provide funding or reimbursement to any entity 

13 awarded funds from such Act for the cost associated with 

14 physical signage or other advertisement indicating that a 

15 project is funded by such Act. 

16 DIVISION D—MISCELLANEOUS 

17 PROVISIONS 

18 SPENDING REDUCTION ACCOUNT

19 SEC. 4001. The amount by which each applicable al20 location of new budget authority made by the Committee 

21 on Appropriations of the House of Representatives under 

22 section 302(b) of the Congressional Budget Act of 1974 

23 exceeds the amount of related proposed new budget au24 thority is as follows: 


emcdonald on DSK2BSOYB1PROD with BILLS
359 

•HR 1 IH

1 (1) Agriculture, Rural Development, Food and 

2 Drug Administration, and Related Agencies, 

3 $1,972,000,000. 

4 (2) Commerce, Justice, Science, and Related 

5 Agencies, $1,405,000,000. 

6 (3) Defense, $1,500,000,000. 

7 (4) Energy and Water Development, and Re8 lated Agencies, $100,000,000. 

9 (5) Financial Services and General Govern10 ment, $750,000,000. 

11 (6) Homeland Security, $1,000,000,000. 

12 (7) Interior, Environment, and Related Agen13 cies, $1,750,000,000. 

14 (8) Labor, Health and Human Services, Edu15 cation, and Related Agencies, $10,901,000,000. 

16 (9) Legislative Branch, $100,000,000. 

17 (10) Military Construction, Veterans Affairs, 

18 and Related Agencies, $500,000,000. 

19 (11) State, Foreign Operations, and Related 

20 Programs, $2,000,000,000. 

21 (12) Transportation, Housing and Urban De22 velopment, and Related Agencies, $3,923,000,000. 

23 This Act may be cited as the ‘‘Full-Year Continuing 

24 Appropriations Act, 2011’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS