IE 

112TH CONGRESS 

2D 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 

DECEMBER 28, 2012 

Ordered to be printed with the amendments of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Department of Defense and 

the other departments and agencies of the Government 

for the fiscal year ending September 30, 2011, and for 

other purposes. 

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 


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1 SEC. 2. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

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

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

5 DIVISION A—DEPARTMENT OF DEFENSE 

6 APPROPRIATIONS ACT, 2011 

7 The following sums are appropriated, out of any 

8 money in the Treasury not otherwise appropriated, for the 

9 fiscal year ending September 30, 2011, for military func10 tions administered by the Department of Defense and for 

11 other purposes, namely: 

12 TITLE I 

13 MILITARY PERSONNEL 

14 MILITARY PERSONNEL, ARMY

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the 

20 Army on active duty, (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

24 377, as amended (42 U.S.C. 402 note), and to the Depart25 ment of Defense Military Retirement Fund, 

26 $41,042,653,000. 


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1 MILITARY PERSONNEL, NAVY

2 For pay, allowances, individual clothing, subsistence, 

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

6 between permanent duty stations, for members of the 

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

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

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

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

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

13 MILITARY PERSONNEL, MARINE CORPS

14 For pay, allowances, individual clothing, subsistence, 

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

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

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

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


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1 MILITARY PERSONNEL, AIR FORCE

2 For pay, allowances, individual clothing, subsistence, 

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

6 between permanent duty stations, for members of the Air 

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

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

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

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

13 $27,105,755,000. 

14 RESERVE PERSONNEL, ARMY

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

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

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

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

20 States Code, in connection with performing duty specified 

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

22 while undergoing reserve training, or while performing 

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


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1 and for payments to the Department of Defense Military 

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

3 RESERVE PERSONNEL, NAVY

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

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

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

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

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

12 duty, and expenses authorized by section 16131 of title 

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

15 $1,940,191,000. 

16 RESERVE PERSONNEL, MARINE CORPS

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

18 travel, and related expenses for personnel of the Marine 

19 Corps Reserve on active duty under section 10211 of title 

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

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

22 in connection with performing duty specified in section 

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


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1 leaders class, and expenses authorized by section 16131 

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

3 Department of Defense Military Retirement Fund, 

4 $612,191,000. 

5 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

11 States Code, in connection with performing duty specified 

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

13 while undergoing reserve training, or while performing 

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

16 and for payments to the Department of Defense Military 

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

18 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

23 States Code, or while serving on duty under section 

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

25 States Code, in connection with performing duty specified 


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

2 while undergoing training, or while performing drills or 

3 equivalent duty or other duty, and expenses authorized by 

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

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

7 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

14 in connection with performing duty specified in section 

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

17 duty or other duty, and expenses authorized by section 

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

19 to the Department of Defense Military Retirement Fund, 

20 $3,060,098,000. 

21 TITLE II 

22 OPERATION AND MAINTENANCE 

23 OPERATION AND MAINTENANCE, ARMY

24 For expenses, not otherwise provided for, necessary 

25 for the operation and maintenance of the Army, as authorVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

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

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

5 of necessity for confidential military purposes, 

6 $33,306,117,000. 

7 OPERATION AND MAINTENANCE, NAVY

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of the Navy and the 

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

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

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

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance of the Marine Corps, 

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

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For expenses, not otherwise provided for, necessary 

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

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

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


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

3 $36,062,989,000. 

4 OPERATION AND MAINTENANCE, DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary 

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

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

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

11 for the Combatant Commander Initiative Fund authorized 

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

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

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

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

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

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

25 or implement the consolidation of a budget or appropriaVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

3 or the service headquarters of one of the Armed Forces 

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

6 expended, is available only for expenses relating to certain 

7 classified activities, and may be transferred as necessary 

8 by the Secretary of Defense to operation and maintenance 

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

11 for the same time period as the appropriations to which 

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

14 with operation and maintenance funds shall not apply to 

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

18 elsewhere in this Act. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary 

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

24 vehicles; travel and transportation; care of the dead; reVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary 

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

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

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary 

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

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

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

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For expenses, not otherwise provided for, necessary 

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

24 repair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; reVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

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

7 hospital treatment and related expenses in non-Federal 

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

12 Army personnel on active duty, for Army National Guard 

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

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

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

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

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

23 hospital treatment and related expenses in non-Federal 

24 hospitals; maintenance, operation, and repairs to struc25 tures and facilities; transportation of things, hire of pasVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 senger motor vehicles; supplying and equipping the Air 

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

3 modification, maintenance, and issue of supplies and 

4 equipment, including those furnished from stocks under 

5 the control of agencies of the Department of Defense; 

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

7 authorized by law for Air National Guard personnel on 

8 active Federal duty, for Air National Guard commanders 

9 while inspecting units in compliance with National Guard 

10 Bureau regulations when specifically authorized by the 

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

12 UNITED STATES COURT OF APPEALS FOR THE ARMED

13 FORCES

14 For salaries and expenses necessary for the United 

15 States Court of Appeals for the Armed Forces, 

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

17 for official representation purposes. 

18 ENVIRONMENTAL RESTORATION, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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


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1 for similar purposes, transfer the funds made available by 

2 this appropriation to other appropriations made available 

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

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

5 time period as the appropriations to which transferred: 

6 Provided further, That upon a determination that all or 

7 part of the funds transferred from this appropriation are 

8 not necessary for the purposes provided herein, such 

9 amounts may be transferred back to this appropriation: 

10 Provided further, That the transfer authority provided 

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

13 ENVIRONMENTAL RESTORATION, NAVY

14 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

21 for similar purposes, transfer the funds made available by 

22 this appropriation to other appropriations made available 

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

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

25 time period as the appropriations to which transferred: 


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1 Provided further, That upon a determination that all or 

2 part of the funds transferred from this appropriation are 

3 not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation: 

5 Provided further, That the transfer authority provided 

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

8 ENVIRONMENTAL RESTORATION, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

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

11 to remain available until transferred: Provided, That the 

12 Secretary of the Air Force shall, upon determining that 

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

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

17 available by this appropriation to other appropriations 

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

19 merged with and to be available for the same purposes 

20 and for the same time period as the appropriations to 

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

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

25 this appropriation: Provided further, That the transfer auVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 thority provided under this heading is in addition to any 

2 other transfer authority provided elsewhere in this Act. 

3 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

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

8 are required for environmental restoration, reduction and 

9 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

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

19 may be transferred back to this appropriation: Provided 

20 further, That the transfer authority provided under this 

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


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1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

11 appropriation to other appropriations made available to 

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

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

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

16 of the funds transferred from this appropriation are not 

17 necessary for the purposes provided herein, such amounts 

18 may be transferred back to this appropriation: Provided 

19 further, That the transfer authority provided under this 

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

22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

23 For expenses relating to the Overseas Humanitarian, 

24 Disaster, and Civic Aid programs of the Department of 

25 Defense (consisting of the programs provided under secVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

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

3 until September 30, 2012. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance to the republics of the former Soviet 

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

8 outside of the former Soviet Union, including assistance 

9 provided by contract or by grants, for facilitating the 

10 elimination and the safe and secure transportation and 

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

13 weapons components, and weapon-related technology and 

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

16 and protection of weapons, weapons components and 

17 weapons technology and expertise, and for defense and 

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

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

21 be available only to support the dismantling and disposal 

22 of nuclear submarines, submarine reactor components, 

23 and security enhancements for transport and storage of 

24 nuclear warheads in the Russian Far East and North. 


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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

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

5 TITLE III 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

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

10 ordnance, ground handling equipment, spare parts, and 

11 accessories therefor; specialized equipment and training 

12 devices; expansion of public and private plants, including 

13 the land necessary therefor, for the foregoing purposes, 

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

15 and construction prosecuted thereon prior to approval of 

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

18 reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

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

21 for obligation until September 30, 2013. 

22 MISSILE PROCUREMENT, ARMY

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

25 ordnance, ground handling equipment, spare parts, and 


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1 accessories therefor; specialized equipment and training 

2 devices; expansion of public and private plants, including 

3 the land necessary therefor, for the foregoing purposes, 

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

5 and construction prosecuted thereon prior to approval of 

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

8 reserve plant and Government and contractor-owned 

9 equipment layaway; and other expenses necessary for the 

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

11 for obligation until September 30, 2013. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For construction, procurement, production, and 

15 modification of weapons and tracked combat vehicles, 

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

18 expansion of public and private plants, including the land 

19 necessary therefor, for the foregoing purposes, and such 

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

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 

25 layaway; and other expenses necessary for the foregoing 


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

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

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

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

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

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

17 available for obligation until September 30, 2013. 

18 OTHER PROCUREMENT, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

20 For construction, procurement, production, and 

21 modification of vehicles, including tactical, support, and 

22 non-tracked combat vehicles; the purchase of passenger 

23 motor vehicles for replacement only; communications and 

24 electronic equipment; other support equipment; spare 

25 parts, ordnance, and accessories therefor; specialized 


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1 equipment and training devices; expansion of public and 

2 private plants, including the land necessary therefor, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; and procurement and 

6 installation of equipment, appliances, and machine tools 

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

9 expenses necessary for the foregoing purposes, 

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

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

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

13 available to procure equipment, not otherwise provided for, 

14 and may be transferred to other procurement accounts 

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

16 so transferred shall be available for the same purposes and 

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

18 AIRCRAFT PROCUREMENT, NAVY

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

21 ordnance, spare parts, and accessories therefor; specialized 

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

25 thereon prior to approval of title; and procurement and 


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1 installation of equipment, appliances, and machine tools 

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

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

5 September 30, 2013. 

6 WEAPONS PROCUREMENT, NAVY

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

10 and accessories therefor; expansion of public and private 

11 plants, including the land necessary therefor, and such 

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

14 procurement and installation of equipment, appliances, 

15 and machine tools in public and private plants; reserve 

16 plant and Government and contractor-owned equipment 

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

19 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

20 CORPS

21 For construction, procurement, production, and 

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


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

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

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

10 SHIPBUILDING AND CONVERSION, NAVY

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

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

17 long lead time components and designs for vessels to be 

18 constructed or converted in the future; and expansion of 

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

21 and construction prosecuted thereon prior to approval of 

22 title, as follows: 

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

24 Carrier Replacement Program (AP), 

25 $908,313,000. 


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

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

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

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

5 DDG–1000 Program, $77,512,000. 

6 DDG–51 Destroyer, $2,868,454,000. 

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

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

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

10 LHA–R, $942,837,000. 

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

12 Oceanographic Ships, $88,561,000. 

13 LCAC Service Life Extension Program, 

14 $83,035,000. 

15 Service Craft, $13,770,000. 

16 For outfitting, post delivery, conversions, and 

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

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

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

22 other such budgeted work that must be performed in the 

23 final stage of ship construction: Provided further, That 

24 none of the funds provided under this heading for the con25 struction or conversion of any naval vessel to be conVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

3 components of such vessel: Provided further, That none 

4 of the funds provided under this heading shall be used 

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

7 OTHER PROCUREMENT, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For procurement, production, and modernization of 

10 support equipment and materials not otherwise provided 

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

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

13 of passenger motor vehicles for replacement only, and the 

14 purchase of seven vehicles required for physical security 

15 of personnel, notwithstanding price limitations applicable 

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

18 land necessary therefor, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

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

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

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


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

2 available to procure equipment, not otherwise provided for, 

3 and may be transferred to other procurement accounts 

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

5 so transferred shall be available for the same purposes and 

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

7 PROCUREMENT, MARINE CORPS

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

10 equipment, spare parts, and accessories therefor; plant 

11 equipment, appliances, and machine tools, and installation 

12 thereof in public and private plants; reserve plant and 

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

16 of public and private plants, including land necessary 

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

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of 

23 aircraft and equipment, including armor and armament, 

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


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

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

4 the foregoing purposes, and such lands and interests 

5 therein, may be acquired, and construction prosecuted 

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

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

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

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

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

13 Global Hawk Unmanned Aerial Vehicle and F–22 aircraft 

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

15 contracts funded with prior year ‘‘Aircraft Procurement, 

16 Air Force’’ appropriated funds are definitized unless the 

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

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

22 contracts along with the prospective contract definitization 

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

24 Force shall expand the current HH–60 Operational Loss 


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

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

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

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

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

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

17 until September 30, 2013. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

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

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

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

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

8 OTHER PROCUREMENT, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

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

12 and ground electronic and communication equipment), 

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

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

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

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

20 Government-owned equipment and installation thereof in 

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

22 for the foregoing purposes, and such lands and interests 

23 therein, may be acquired, and construction prosecuted 

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


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

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

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

4 available to procure equipment, not otherwise provided for, 

5 and may be transferred to other procurement accounts 

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

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

9 transferred. 

10 PROCUREMENT, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

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

14 necessary for procurement, production, and modification 

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

17 motor vehicles for replacement only; expansion of public 

18 and private plants, equipment, and installation thereof in 

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

20 for the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

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

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

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


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

2 available to procure equipment, not otherwise provided for, 

3 and may be transferred to other procurement accounts 

4 available to the Department of Defense, and that funds 

5 so transferred shall be available for the same purposes and 

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

7 DEFENSE PRODUCTION ACT PURCHASES

8 For activities by the Department of Defense pursuant 

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

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

12 TITLE IV 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

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

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 ing maintenance, rehabilitation, lease, and operation of fa2 cilities and equipment, $17,961,303,000 (reduced by 

3 $225,000,000), to remain available for obligation until 

4 September 30, 2012: Provided, That funds appropriated 

5 in this paragraph which are available for the V–22 may 

6 be used to meet unique operational requirements of the 

7 Special Operations Forces: Provided further, That funds 

8 appropriated in this paragraph shall be available for the 

9 Cobra Judy program. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 AIR FORCE

12 For expenses necessary for basic and applied sci13 entific research, development, test and evaluation, includ14 ing maintenance, rehabilitation, lease, and operation of fa15 cilities and equipment, $26,742,405,000 (reduced by 

16 $225,000,000), to remain available for obligation until 

17 September 30, 2012. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 DEFENSE-WIDE

20 For expenses of activities and agencies of the Depart21 ment of Defense (other than the military departments), 

22 necessary for basic and applied scientific research, devel23 opment, test and evaluation; advanced research projects 

24 as may be designated and determined by the Secretary 

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


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1 lease, and operation of facilities and equipment, 

2 $20,797,412,000, to remain available for obligation until 

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

4 available in this paragraph, $3,200,000 shall only be avail5 able for program management and oversight of innovative 

6 research and development. 

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary 

9 for the independent activities of the Director, Operational 

10 Test and Evaluation, in the direction and supervision of 

11 operational test and evaluation, including initial oper12 ational test and evaluation which is conducted prior to, 

13 and in support of, production decisions; joint operational 

14 testing and evaluation; and administrative expenses in 

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

16 for obligation until September 30, 2012. 

17 TITLE V 

18 REVOLVING AND MANAGEMENT FUNDS 

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds, 

21 $1,434,536,000. 

22 NATIONAL DEFENSE SEALIFT FUND

23 For National Defense Sealift Fund programs, 

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

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


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

2 and for the necessary expenses to maintain and preserve 

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

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

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

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

7 contract that provides for the acquisition of any of the 

8 following major components unless such components are 

9 manufactured in the United States: auxiliary equipment, 

10 including pumps, for all shipboard services; propulsion 

11 system components (engines, reduction gears, and propel12 lers); shipboard cranes; and spreaders for shipboard 

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

14 in a contract awarded through the obligation of previously 

15 appropriated funds shall not be considered to be the award 

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

17 of the military department responsible for such procure18 ment may waive the restrictions in the first proviso on 

19 a case-by-case basis by certifying in writing to the Com20 mittees on Appropriations of the House of Representatives 

21 and the Senate that adequate domestic supplies are not 

22 available to meet Department of Defense requirements on 

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

24 in order to acquire capability for national security pur25 poses. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

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

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

8 of which not to exceed 1 percent shall remain available 

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

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

11 into under the TRICARE program; of which 

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

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

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

16 test and evaluation: Provided, That, notwithstanding any 

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

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

20 prevention educational activities undertaken in connection 

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


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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

5 chemical agents and munitions, to include construction of 

6 facilities, in accordance with the provisions of section 1412 

7 of the Department of Defense Authorization Act, 1986 

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

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

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

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

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

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

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

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

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


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

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

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

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

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

21 OFFICE OF THE INSPECTOR GENERAL

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

25 of which $305,794,000 shall be for operation and mainteVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

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

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

7 30, 2013, shall be for procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

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

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $292,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

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


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

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

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

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

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

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

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

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

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

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

15 salary increases on an annual basis, any increase granted 

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

18 section shall not apply to Department of Defense foreign 

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

21 State under the Foreign Service Act of 1980: Provided 

22 further, That the limitations of this provision shall not 

23 apply to foreign national employees of the Department of 

24 Defense in the Republic of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

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

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

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

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

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

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

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

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

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

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

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


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

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

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

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

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

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

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

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

16 personnel appropriations shall not be taken into account 

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

18 may be transferred under this section. 

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

21 and adjustments to budget activities corresponding to 

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

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

24 in the explanatory statement regarding this Act, the obli25 gation and expenditure of amounts appropriated or otherVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 wise made available in this Act for those programs, 

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

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

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

6 in the text of this Act. 

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

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

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

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

17 transfer authorities for fiscal year 2011: Provided, That 

18 the report shall include— 

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

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

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


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

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

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

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

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement. 

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

14 Army are authorized, using funds available under the 

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

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

17 conversions and phased repair projects which may include 

18 upgrades and additions to Alaskan range infrastructure 

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

20 (TRANSFER OF FUNDS)

21 SEC. 8009. During the current fiscal year, cash bal22 ances in working capital funds of the Department of De23 fense established pursuant to section 2208 of title 10, 

24 United States Code, may be maintained in only such 

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1 ments to be made from such funds: Provided, That trans2 fers may be made between such funds: Provided further, 

3 That transfers may be made between working capital 

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

5 appropriation and the ‘‘Operation and Maintenance’’ ap6 propriation accounts in such amounts as may be deter7 mined by the Secretary of Defense, with the approval of 

8 the Office of Management and Budget, except that such 

9 transfers may not be made unless the Secretary of Defense 

10 has notified the Congress of the proposed transfer. Except 

11 in amounts equal to the amounts appropriated to working 

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

13 against a working capital fund to procure or increase the 

14 value of war reserve material inventory, unless the Sec15 retary of Defense has notified the Congress prior to any 

16 such obligation. 

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

18 be used to initiate a special access program without prior 

19 notification 30 calendar days in advance to the congres20 sional defense committees. 

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

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

23 employs economic order quantity procurement in excess of 

24 $20,000,000 in any one year of the contract or that in25 cludes an unfunded contingent liability in excess of 


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1 $20,000,000; or (2) a contract for advance procurement 

2 leading to a multiyear contract that employs economic 

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

4 any one year, unless the congressional defense committees 

5 have been notified at least 30 days in advance of the pro6 posed contract award: Provided, That no part of any ap7 propriation contained in this Act shall be available to ini8 tiate a multiyear contract for which the economic order 

9 quantity advance procurement is not funded at least to 

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

11 That no part of any appropriation contained in this Act 

12 shall be available to initiate multiyear procurement con13 tracts for any systems or component thereof if the value 

14 of the multiyear contract would exceed $500,000,000 un15 less specifically provided in this Act: Provided further, 

16 That no multiyear procurement contract can be termi17 nated without 10-day prior notification to the congres18 sional defense committees: Provided further, That the exe19 cution of multiyear authority shall require the use of a 

20 present value analysis to determine lowest cost compared 

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

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

23 contract executed after the date of the enactment of this 

24 Act unless in the case of any such contract— 


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1 (1) the Secretary of Defense has submitted to 

2 Congress a budget request for full funding of units 

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

4 of a contract for procurement of aircraft, that in5 cludes, for any aircraft unit to be procured through 

6 the contract for which procurement funds are re7 quested in that budget request for production be8 yond advance procurement activities in the fiscal 

9 year covered by the budget, full funding of procure10 ment of such unit in that fiscal year; 

11 (2) cancellation provisions in the contract do 

12 not include consideration of recurring manufacturing 

13 costs of the contractor associated with the produc14 tion of unfunded units to be delivered under the con15 tract; 

16 (3) the contract provides that payments to the 

17 contractor under the contract shall not be made in 

18 advance of incurred costs on funded units; and 

19 (4) the contract does not provide for a price ad20 justment based on a failure to award a follow-on 

21 contract. 

22 Funds appropriated in title III of this Act may be 

23 used for a multiyear procurement contract as follows: 

24 Navy MH–60R/S Helicopter Systems. 


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1 SEC. 8012. Within the funds appropriated for the op2 eration and maintenance of the Armed Forces, funds are 

3 hereby appropriated pursuant to section 401 of title 10, 

4 United States Code, for humanitarian and civic assistance 

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

6 Such funds may also be obligated for humanitarian and 

7 civic assistance costs incidental to authorized operations 

8 and pursuant to authority granted in section 401 of chap9 ter 20 of title 10, United States Code, and these obliga10 tions shall be reported as required by section 401(d) of 

11 title 10, United States Code: Provided, That funds avail12 able for operation and maintenance shall be available for 

13 providing humanitarian and similar assistance by using 

14 Civic Action Teams in the Trust Territories of the Pacific 

15 Islands and freely associated states of Micronesia, pursu16 ant to the Compact of Free Association as authorized by 

17 Public Law 99–239: Provided further, That upon a deter18 mination by the Secretary of the Army that such action 

19 is beneficial for graduate medical education programs con20 ducted at Army medical facilities located in Hawaii, the 

21 Secretary of the Army may authorize the provision of med22 ical services at such facilities and transportation to such 

23 facilities, on a nonreimbursable basis, for civilian patients 

24 from American Samoa, the Commonwealth of the NorthVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 ern Mariana Islands, the Marshall Islands, the Federated 

2 States of Micronesia, Palau, and Guam. 

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

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the manage6 ment of such personnel during that fiscal year shall not 

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

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

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

10 (b) The fiscal year 2012 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2012 

13 Department of Defense budget request shall be prepared 

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

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

16 year 2012. 

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

18 to military (civilian) technicians. 

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

20 Act shall be used in any way, directly or indirectly, to in21 fluence congressional action on any legislation or appro22 priation matters pending before the Congress. 

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

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

25 any member of the Army participating as a full-time stuVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 dent and receiving benefits paid by the Secretary of Vet2 erans Affairs from the Department of Defense Education 

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

4 credited toward completion of a service commitment: Pro5 vided, That this section shall not apply to those members 

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

7 1987: Provided further, That this section applies only to 

8 active components of the Army. 

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

10 this Act shall be available to convert to contractor per11 formance an activity or function of the Department of De12 fense that, on or after the date of the enactment of this 

13 Act, is performed by Department of Defense civilian em14 ployees unless— 

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

16 public-private competition that includes a most effi17 cient and cost effective organization plan developed 

18 by such activity or function; 

19 (2) the Competitive Sourcing Official deter20 mines that, over all performance periods stated in 

21 the solicitation of offers for performance of the ac22 tivity or function, the cost of performance of the ac23 tivity or function by a contractor would be less costly 

24 to the Department of Defense by an amount that 

25 equals or exceeds the lesser of— 


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1 (A) 10 percent of the most efficient organi2 zation’s personnel-related costs for performance 

3 of that activity or function by Federal employ4 ees; or 

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

6 (3) the contractor does not receive an advan7 tage for a proposal that would reduce costs for the 

8 Department of Defense by— 

9 (A) not making an employer-sponsored 

10 health insurance plan available to the workers 

11 who are to be employed in the performance of 

12 that activity or function under the contract; or 

13 (B) offering to such workers an employer14 sponsored health benefits plan that requires the 

15 employer to contribute less towards the pre16 mium or subscription share than the amount 

17 that is paid by the Department of Defense for 

18 health benefits for civilian employees under 

19 chapter 89 of title 5, United States Code. 

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

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

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

23 notwithstanding any administrative regulation, require24 ment, or policy to the contrary shall have full authority 

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1 mercial or industrial type function of the Department of 

2 Defense that— 

3 (A) is included on the procurement list es4 tablished pursuant to section 2 of the Javits5 Wagner-O’Day Act (section 8503 of title 41, 

6 United States Code); 

7 (B) is planned to be converted to perform8 ance by a qualified nonprofit agency for the 

9 blind or by a qualified nonprofit agency for 

10 other severely handicapped individuals in ac11 cordance with that Act; or 

12 (C) is planned to be converted to perform13 ance by a qualified firm under at least 51 per14 cent ownership by an Indian tribe, as defined in 

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

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

17 450b(e)), or a Native Hawaiian Organization, 

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

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

20 (2) This section shall not apply to depot con21 tracts or contracts for depot maintenance as pro22 vided in sections 2469 and 2474 of title 10, United 

23 States Code. 

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

25 Department of Defense under the authority provided by 


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1 this section shall be credited toward any competitive or 

2 outsourcing goal, target, or measurement that may be es3 tablished by statute, regulation, or policy and is deemed 

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

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

6 States Code, for the competition or outsourcing of com7 mercial activities. 

8 (TRANSFER OF FUNDS)

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

10 for the Department of Defense Pilot Mentor-Protege Pro11 gram may be transferred to any other appropriation con12 tained in this Act solely for the purpose of implementing 

13 a Mentor-Protege Program developmental assistance 

14 agreement pursuant to section 831 of the National De15 fense Authorization Act for Fiscal Year 1991 (Public Law 

16 101–510; 10 U.S.C. 2302 note), as amended, under the 

17 authority of this provision or any other transfer authority 

18 contained in this Act. 

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

20 available for the purchase by the Department of Defense 

21 (and its departments and agencies) of welded shipboard 

22 anchor and mooring chain 4 inches in diameter and under 

23 unless the anchor and mooring chain are manufactured 

24 in the United States from components which are substan25 tially manufactured in the United States: Provided, That 


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

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

3 of chain and welding (including the forging and shot blast4 ing process): Provided further, That for the purpose of this 

5 section substantially all of the components of anchor and 

6 mooring chain shall be considered to be produced or manu7 factured in the United States if the aggregate cost of the 

8 components produced or manufactured in the United 

9 States exceeds the aggregate cost of the components pro10 duced or manufactured outside the United States: Pro11 vided further, That when adequate domestic supplies are 

12 not available to meet Department of Defense requirements 

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

14 for the procurement may waive this restriction on a case15 by-case basis by certifying in writing to the Committees 

16 on Appropriations that such an acquisition must be made 

17 in order to acquire capability for national security pur18 poses. 

19 SEC. 8019. None of the funds available to the De20 partment of Defense may be used to demilitarize or dis21 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

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

23 to demilitarize or destroy small arms ammunition or am24 munition components that are not otherwise prohibited 

25 from commercial sale under Federal law, unless the small 


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1 arms ammunition or ammunition components are certified 

2 by the Secretary of the Army or designee as unserviceable 

3 or unsafe for further use. 

4 SEC. 8020. No more than $500,000 of the funds ap5 propriated or made available in this Act shall be used dur6 ing a single fiscal year for any single relocation of an orga7 nization, unit, activity or function of the Department of 

8 Defense into or within the National Capital Region: Pro9 vided, That the Secretary of Defense may waive this re10 striction on a case-by-case basis by certifying in writing 

11 to the congressional defense committees that such a relo12 cation is required in the best interest of the Government. 

13 SEC. 8021. In addition to the funds provided else14 where in this Act, $15,000,000 is appropriated only for 

15 incentive payments authorized by section 504 of the In16 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

17 That a prime contractor or a subcontractor at any tier 

18 that makes a subcontract award to any subcontractor or 

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

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

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

22 of title 25, United States Code, shall be considered a con23 tractor for the purposes of being allowed additional com24 pensation under section 504 of the Indian Financing Act 

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


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

2 expenditure of funds appropriated by an Act making Ap3 propriations for the Department of Defense with respect 

4 to any fiscal year: Provided further, That notwithstanding 

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

6 shall be applicable to any Department of Defense acquisi7 tion of supplies or services, including any contract and any 

8 subcontract at any tier for acquisition of commercial items 

9 produced or manufactured, in whole or in part by any sub10 contractor or supplier defined in section 1544 of title 25, 

11 United States Code, or a small business owned and con12 trolled by an individual or individuals defined under sec13 tion 4221(9) of title 25, United States Code. 

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

15 Defense Media Activity shall not be used for any national 

16 or international political or psychological activities. 

17 SEC. 8023. During the current fiscal year, the De18 partment of Defense is authorized to incur obligations of 

19 not to exceed $350,000,000 for purposes specified in sec20 tion 2350j(c) of title 10, United States Code, in anticipa21 tion of receipt of contributions, only from the Government 

22 of Kuwait, under that section: Provided, That upon re23 ceipt, such contributions from the Government of Kuwait 

24 shall be credited to the appropriations or fund which in25 curred such obligations. 


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

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

3 Civil Air Patrol Corporation, of which— 

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

6 Air Patrol Corporation operation and maintenance, 

7 readiness, counterdrug activities, and drug demand 

8 reduction activities involving youth programs; 

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

10 Procurement, Air Force’’; and 

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

12 Procurement, Air Force’’ for vehicle procurement. 

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

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

16 local government agencies. 

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

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

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

24 other nonprofit entities. 


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

2 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

4 and no paid consultant to any defense FFRDC, except 

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

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

9 referred to previously in this subsection shall be allowed 

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

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

14 of the funds available to the department from any source 

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

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

18 projects funded by Government grants, for absorption of 

19 contract overruns, or for certain charitable contributions, 

20 not to include employee participation in community service 

21 and/or development. 

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

23 the funds available to the department during fiscal year 

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

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1 vided, That of the specific amount referred to previously 

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

3 be funded for the defense studies and analysis FFRDCs: 

4 Provided further, That this subsection shall not apply to 

5 staff years funded in the National Intelligence Program 

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

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

9 submit a report presenting the specific amounts of staff 

10 years of technical effort to be allocated for each defense 

11 FFRDC during that fiscal year and the associated budget 

12 estimates. 

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

14 the total amount appropriated in this Act for FFRDCs 

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

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

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

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

20 Defense which were not melted and rolled in the United 

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

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

24 or American Iron and Steel Institute (AISI) specifications 

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


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1 That the Secretary of the military department responsible 

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

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

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

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

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

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

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

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

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

18 Committee on Appropriations of the House of Representa19 tives. 

20 SEC. 8028. During the current fiscal year, the De21 partment of Defense may acquire the modification, depot 

22 maintenance and repair of aircraft, vehicles and vessels 

23 as well as the production of components and other De24 fense-related articles, through competition between De25 partment of Defense depot maintenance activities and priVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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

7 76 shall not apply to competitions conducted under this 

8 section. 

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

10 consultation with the United States Trade Representative, 

11 determines that a foreign country which is party to an 

12 agreement described in paragraph (2) has violated the 

13 terms of the agreement by discriminating against certain 

14 types of products produced in the United States that are 

15 covered by the agreement, the Secretary of Defense shall 

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

18 in that foreign country. 

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

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

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

24 in that country. 


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

3 purchases from foreign entities in fiscal year 2011. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

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

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

8 international agreement to which the United States is a 

9 party. 

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

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

12 States Code. 

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

14 contained in the Department of Defense Overseas Military 

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

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

18 be available until expended for the payments specified by 

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

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

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

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

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

25 Washington relocatable military housing units located at 


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

2 Mountain Home Air Force Base, Ellsworth Air Force 

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

4 needs of the Air Force. 

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

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

8 that are submitted to the Secretary by the Operation 

9 Walking Shield Program on behalf of Indian tribes located 

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

12 such conveyance shall be subject to the condition that the 

13 housing units shall be removed within a reasonable period 

14 of time, as determined by the Secretary. 

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

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

19 (b). 

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

21 any recognized Indian tribe included on the current list 

22 published by the Secretary of the Interior under section 

23 104 of the Federally Recognized Indian Tribe Act of 1994 

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

25 1). 


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1 SEC. 8032. During the current fiscal year, appropria2 tions which are available to the Department of Defense 

3 for operation and maintenance may be used to purchase 

4 items having an investment item unit cost of not more 

5 than $250,000. 

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

7 of the appropriations or funds available to the Department 

8 of Defense Working Capital Funds shall be used for the 

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

12 customers of the Department of Defense Working Capital 

13 Funds if such an item would not have been chargeable 

14 to the Department of Defense Business Operations Fund 

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

16 investment item would be chargeable during the current 

17 fiscal year to appropriations made to the Department of 

18 Defense for procurement. 

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

21 and other documentation supporting the fiscal year 2012 

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

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


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1 budgeted for in a proposed fiscal year 2012 procurement 

2 appropriation and not in the supply management business 

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

4 Defense Working Capital Funds. 

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

6 Act for programs of the Central Intelligence Agency shall 

7 remain available for obligation beyond the current fiscal 

8 year, except for funds appropriated for the Reserve for 

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

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

13 during this or any prior or subsequent fiscal year shall 

14 remain available until expended: Provided further, That 

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

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

21 SEC. 8035. Notwithstanding any other provision of 

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

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

3 SEC. 8036. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

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

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

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

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

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

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

18 83 of title 41, United States Code. 

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

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

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

23 in America, the Secretary shall determine, in accordance 

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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

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

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

7 only American-made equipment and products, provided 

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

10 fashion. 

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

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

13 or consulting services entered into without competition on 

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

15 activity responsible for the procurement determines— 

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

17 only one source is found fully qualified to perform 

18 the proposed work; 

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

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

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

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

4 not apply to contracts in an amount of less than 

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

9 Senate, determines that the award of such contract 

10 is in the interest of the national defense. 

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

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

13 be used— 

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

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

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

19 of duty remains at the location of that headquarters. 

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

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

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that the granting 


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1 of the waiver will reduce the personnel requirements or 

2 the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

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

9 Secretary of the Army, other similar threats; or 

10 (3) an Army field operating agency established 

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

13 technologies throughout the Department of Defense. 

14 SEC. 8040. The Secretary of Defense, notwith15 standing any other provision of law, acting through the 

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

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

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

21 statement regarding this Act. 

22 (RESCISSIONS)

23 SEC. 8041. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 


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

3 ‘‘Procurement of Weapons and Tracked Combat 

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

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

6 $147,600,000. 

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

8 $26,100,000. 

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

10 $116,900,000. 

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

12 $14,000,000. 

13 ‘‘Procurement of Weapons and Tracked Combat 

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

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

16 $9,171,000. 

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

18 $184,847,000. 

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

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

23 $22,000,000. 

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

25 $9,042,000. 


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

2 $151,300,000. 

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

4 $36,600,000. 

5 ‘‘Research, Development, Test and Evaluation, 

6 Army, 2010/2011’’, $53,500,000. 

7 ‘‘Research, Development, Test and Evaluation, 

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

9 ‘‘Research, Development, Test and Evaluation, 

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

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

12 may be used to reduce the authorized positions for mili13 tary (civilian) technicians of the Army National Guard, 

14 Air National Guard, Army Reserve and Air Force Reserve 

15 for the purpose of applying any administratively imposed 

16 civilian personnel ceiling, freeze, or reduction on military 

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

18 result of a reduction in military force structure. 

19 SEC. 8043. None of the funds appropriated or other20 wise made available in this Act may be obligated or ex21 pended for assistance to the Democratic People’s Republic 

22 of Korea unless specifically appropriated for that purpose. 

23 SEC. 8044. Funds appropriated in this Act for oper24 ation and maintenance of the Military Departments, Com25 batant Commands and Defense Agencies shall be available 


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1 for reimbursement of pay, allowances and other expenses 

2 which would otherwise be incurred against appropriations 

3 for the National Guard and Reserve when members of the 

4 National Guard and Reserve provide intelligence or coun5 terintelligence support to Combatant Commands, Defense 

6 Agencies and Joint Intelligence Activities, including the 

7 activities and programs included within the National Intel8 ligence Program and the Military Intelligence Program: 

9 Provided, That nothing in this section authorizes deviation 

10 from established Reserve and National Guard personnel 

11 and training procedures. 

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

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

14 the civilian medical and medical support personnel as15 signed to military treatment facilities below the September 

16 30, 2003, level: Provided, That the Service Surgeons Gen17 eral may waive this section by certifying to the congres18 sional defense committees that the beneficiary population 

19 is declining in some catchment areas and civilian strength 

20 reductions may be consistent with responsible resource 

21 stewardship and capitation-based budgeting. 

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

23 Department of Defense for any fiscal year for drug inter24 diction or counter-drug activities may be transferred to 


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1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law. 

3 (b) None of the funds available to the Central Intel4 ligence Agency for any fiscal year for drug interdiction 

5 and counter-drug activities may be transferred to any 

6 other department or agency of the United States except 

7 as specifically provided in an appropriations law. 

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

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

10 bearings other than those produced by a domestic source 

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

12 the military department responsible for such procurement 

13 may waive this restriction on a case-by-case basis by certi14 fying in writing to the Committees on Appropriations of 

15 the House of Representatives and the Senate, that ade16 quate domestic supplies are not available to meet Depart17 ment of Defense requirements on a timely basis and that 

18 such an acquisition must be made in order to acquire ca19 pability for national security purposes: Provided further, 

20 That this restriction shall not apply to the purchase of 

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

22 Office of Federal Procurement Policy Act, except that the 

23 restriction shall apply to ball or roller bearings purchased 

24 as end items. 


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

2 used to purchase any supercomputer which is not manu3 factured in the United States, unless the Secretary of De4 fense certifies to the congressional defense committees 

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

6 capability for national security purposes that is not avail7 able from United States manufacturers. 

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

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

10 officer or employee of the Department of Defense who ap11 proves or implements the transfer of administrative re12 sponsibilities or budgetary resources of any program, 

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

14 of another Federal agency not financed by this Act with15 out the express authorization of Congress: Provided, That 

16 this limitation shall not apply to transfers of funds ex17 pressly provided for in Defense Appropriations Acts, or 

18 provisions of Acts providing supplemental appropriations 

19 for the Department of Defense. 

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

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

22 Defense for the current fiscal year may be obligated or 

23 expended to transfer to another nation or an international 

24 organization any defense articles or services (other than 

25 intelligence services) for use in the activities described in 


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1 subsection (b) unless the congressional defense commit2 tees, the Committee on Foreign Affairs of the House of 

3 Representatives, and the Committee on Foreign Relations 

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

5 transfer. 

6 (b) This section applies to— 

7 (1) any international peacekeeping or peace-en8 forcement operation under the authority of chapter 

9 VI or chapter VII of the United Nations Charter 

10 under the authority of a United Nations Security 

11 Council resolution; and 

12 (2) any other international peacekeeping, peace13 enforcement, or humanitarian assistance operation. 

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

15 following: 

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

17 services to be transferred. 

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

19 supplies, or services to be transferred. 

20 (3) In the case of a proposed transfer of equip21 ment or supplies— 

22 (A) a statement of whether the inventory 

23 requirements of all elements of the Armed 

24 Forces (including the reserve components) for 


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1 the type of equipment or supplies to be trans2 ferred have been met; and 

3 (B) a statement of whether the items pro4 posed to be transferred will have to be replaced 

5 and, if so, how the President proposes to pro6 vide funds for such replacement. 

7 SEC. 8051. None of the funds available to the De8 partment of Defense under this Act shall be obligated or 

9 expended to pay a contractor under a contract with the 

10 Department of Defense for costs of any amount paid by 

11 the contractor to an employee when— 

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

13 excess of the normal salary paid by the contractor 

14 to the employee; and 

15 (2) such bonus is part of restructuring costs as16 sociated with a business combination. 

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 under the heading ‘‘Operation and Maintenance, Defense21 Wide’’ may be transferred to appropriations available for 

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

23 be available for the same time period as the appropriations 

24 to which transferred, to be used in support of such per25 sonnel in connection with support and services for eligible 


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1 organizations and activities outside the Department of De2 fense pursuant to section 2012 of title 10, United States 

3 Code. 

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

5 of an appropriation account of the Department of Defense 

6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section 

8 1552 of title 31, United States Code, and which has a 

9 negative unliquidated or unexpended balance, an obliga10 tion or an adjustment of an obligation may be charged 

11 to any current appropriation account for the same purpose 

12 as the expired or closed account if— 

13 (1) the obligation would have been properly 

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

15 closed account before the end of the period of avail16 ability or closing of that account; 

17 (2) the obligation is not otherwise properly 

18 chargeable to any current appropriation account of 

19 the Department of Defense; and 

20 (3) in the case of an expired account, the obli21 gation is not chargeable to a current appropriation 

22 of the Department of Defense under the provisions 

23 of section 1405(b)(8) of the National Defense Au24 thorization Act for Fiscal Year 1991, Public Law 

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1 vided, That in the case of an expired account, if sub2 sequent review or investigation discloses that there 

3 was not in fact a negative unliquidated or unex4 pended balance in the account, any charge to a cur5 rent account under the authority of this section shall 

6 be reversed and recorded against the expired ac7 count: Provided further, That the total amount 

8 charged to a current appropriation under this sec9 tion may not exceed an amount equal to 1 percent 

10 of the total appropriation for that account. 

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

12 of law, the Chief of the National Guard Bureau may per13 mit the use of equipment of the National Guard Distance 

14 Learning Project by any person or entity on a space-avail15 able, reimbursable basis. The Chief of the National Guard 

16 Bureau shall establish the amount of reimbursement for 

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

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

19 credited to funds available for the National Guard Dis20 tance Learning Project and be available to defray the costs 

21 associated with the use of equipment of the project under 

22 that subsection. Such funds shall be available for such 

23 purposes without fiscal year limitation. 

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

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


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

2 States Code, may implement cost-effective agreements for 

3 required heating facility modernization in the 

4 Kaiserslautern Military Community in the Federal Repub5 lic of Germany: Provided, That in the City of 

6 Kaiserslautern and at the Rhine Ordnance Barracks area, 

7 such agreements will include the use of United States an8 thracite as the base load energy for municipal district heat 

9 to the United States Defense installations: Provided fur10 ther, That at Landstuhl Army Regional Medical Center 

11 and Ramstein Air Base, furnished heat may be obtained 

12 from private, regional or municipal services, if provisions 

13 are included for the consideration of United States coal 

14 as an energy source. 

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

16 IV of this Act may be used to procure end-items for deliv17 ery to military forces for operational training, operational 

18 use or inventory requirements: Provided, That this restric19 tion does not apply to end-items used in development, 

20 prototyping, and test activities preceding and leading to 

21 acceptance for operational use: Provided further, That this 

22 restriction does not apply to programs funded within the 

23 National Intelligence Program: Provided further, That the 

24 Secretary of Defense may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 


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1 on Appropriations of the House of Representatives and the 

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

3 so. 

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

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

6 22A advanced tactical fighter to any foreign government: 

7 Provided, That the Department of Defense may conduct 

8 or participate in studies, research, design and other activi9 ties to define and develop a future export version of the 

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

11 technologies and U.S. warfighting capabilities. 

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

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

14 each limitation on the procurement of defense items from 

15 foreign sources provided in law if the Secretary determines 

16 that the application of the limitation with respect to that 

17 country would invalidate cooperative programs entered 

18 into between the Department of Defense and the foreign 

19 country, or would invalidate reciprocal trade agreements 

20 for the procurement of defense items entered into under 

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

22 country does not discriminate against the same or similar 

23 defense items produced in the United States for that coun24 try. 

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


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1 (1) contracts and subcontracts entered into on 

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

3 (2) options for the procurement of items that 

4 are exercised after such date under contracts that 

5 are entered into before such date if the option prices 

6 are adjusted for any reason other than the applica7 tion of a waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

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

12 Schedule and products classified under headings 4010, 

13 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

14 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

17 this Act may be used to support any training program in18 volving a unit of the security forces or police of a foreign 

19 country if the Secretary of Defense has received credible 

20 information from the Department of State that the unit 

21 has committed a gross violation of human rights, unless 

22 all necessary corrective steps have been taken. 

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

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

25 to conduct any training program referred to in subsection 


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

2 available to the Department of State relating to human 

3 rights violations by foreign security forces. 

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

5 the Secretary of State, may waive the prohibition in sub6 section (a) if he determines that such waiver is required 

7 by extraordinary circumstances. 

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

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

10 submit a report to the congressional defense committees 

11 describing the extraordinary circumstances, the purpose 

12 and duration of the training program, the United States 

13 forces and the foreign security forces involved in the train14 ing program, and the information relating to human rights 

15 violations that necessitates the waiver. 

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

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

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

19 ships unless the main propulsion diesel engines and 

20 propulsors are manufactured in the United States by a 

21 domestically operated entity: Provided, That the Secretary 

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

23 basis by certifying in writing to the Committees on Appro24 priations of the House of Representatives and the Senate 

25 that adequate domestic supplies are not available to meet 


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1 Department of Defense requirements on a timely basis 

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

3 acquire capability for national security purposes or there 

4 exists a significant cost or quality difference. 

5 SEC. 8061. None of the funds appropriated or other6 wise made available by this or other Department of De7 fense Appropriations Acts may be obligated or expended 

8 for the purpose of performing repairs or maintenance to 

9 military family housing units of the Department of De10 fense, including areas in such military family housing 

11 units that may be used for the purpose of conducting offi12 cial Department of Defense business. 

13 SEC. 8062. Notwithstanding any other provision of 

14 law, funds appropriated in this Act under the heading 

15 ‘‘Research, Development, Test and Evaluation, Defense16 Wide’’ for any new start advanced concept technology 

17 demonstration project or joint capability demonstration 

18 project may only be obligated 30 days after a report, in19 cluding a description of the project, the planned acquisi20 tion and transition strategy and its estimated annual and 

21 total cost, has been provided in writing to the congres22 sional defense committees: Provided, That the Secretary 

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

24 basis by certifying to the congressional defense committees 

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


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1 SEC. 8063. The Secretary of Defense shall provide 

2 a classified quarterly report beginning 30 days after enact3 ment of this Act, to the House and Senate Appropriations 

4 Committees, Subcommittees on Defense on certain mat5 ters as directed in the classified annex accompanying this 

6 Act. 

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

8 the funds available to the Department of Defense may be 

9 used to provide support to another department or agency 

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

11 than 90 days in arrears in making payment to the Depart12 ment of Defense for goods or services previously provided 

13 to such department or agency on a reimbursable basis: 

14 Provided, That this restriction shall not apply if the de15 partment is authorized by law to provide support to such 

16 department or agency on a nonreimbursable basis, and is 

17 providing the requested support pursuant to such author18 ity: Provided further, That the Secretary of Defense may 

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

20 in writing to the Committees on Appropriations of the 

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

22 national security interest to do so. 

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

24 10, United States Code, a Reserve who is a member of 

25 the National Guard serving on full-time National Guard 


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

2 may perform duties in support of the ground-based ele3 ments of the National Ballistic Missile Defense System. 

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

5 may be used to transfer to any nongovernmental entity 

6 ammunition held by the Department of Defense that has 

7 a center-fire cartridge and a United States military no8 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

11 entity performing demilitarization services for the Depart12 ment of Defense under a contract that requires the entity 

13 to demonstrate to the satisfaction of the Department of 

14 Defense that armor piercing projectiles are either: (1) ren15 dered incapable of reuse by the demilitarization process; 

16 or (2) used to manufacture ammunition pursuant to a con17 tract with the Department of Defense or the manufacture 

18 of ammunition for export pursuant to a License for Per19 manent Export of Unclassified Military Articles issued by 

20 the Department of State. 

21 SEC. 8067. Notwithstanding any other provision of 

22 law, the Chief of the National Guard Bureau, or his des23 ignee, may waive payment of all or part of the consider24 ation that otherwise would be required under section 2667 

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


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

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

3 United States Code, or any other youth, social, or fra4 ternal nonprofit organization as may be approved by the 

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

6 a case-by-case basis. 

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

8 Act shall be used for the support of any nonappropriated 

9 funds activity of the Department of Defense that procures 

10 malt beverages and wine with nonappropriated funds for 

11 resale (including such alcoholic beverages sold by the 

12 drink) on a military installation located in the United 

13 States unless such malt beverages and wine are procured 

14 within that State, or in the case of the District of Colum15 bia, within the District of Columbia, in which the military 

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

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

18 purchases may be made in any State in which the installa19 tion is located: Provided further, That such local procure20 ment requirements for malt beverages and wine shall 

21 apply to all alcoholic beverages only for military installa22 tions in States which are not contiguous with another 

23 State: Provided further, That alcoholic beverages other 

24 than wine and malt beverages, in contiguous States and 


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1 the District of Columbia shall be procured from the most 

2 competitive source, price and other factors considered. 

3 SEC. 8069. Funds available to the Department of De4 fense for the Global Positioning System during the current 

5 fiscal year, and hereafter, may be used to fund civil re6 quirements associated with the satellite and ground con7 trol segments of such system’s modernization program. 

8 (INCLUDING TRANSFER OF FUNDS)

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

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

11 $147,258,300 shall remain available until expended: Pro12 vided, That notwithstanding any other provision of law, 

13 the Secretary of Defense is authorized to transfer such 

14 funds to other activities of the Federal Government: Pro15 vided further, That the Secretary of Defense is authorized 

16 to enter into and carry out contracts for the acquisition 

17 of real property, construction, personal services, and oper18 ations related to projects carrying out the purposes of this 

19 section: Provided further, That contracts entered into 

20 under the authority of this section may provide for such 

21 indemnification as the Secretary determines to be nec22 essary: Provided further, That projects authorized by this 

23 section shall comply with applicable Federal, State, and 

24 local law to the maximum extent consistent with the na25 tional security, as determined by the Secretary of Defense. 


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1 SEC. 8071. Section 8106 of the Department of De2 fense Appropriations Act, 1997 (titles I through VIII of 

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

4 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con5 tinue in effect to apply to disbursements that are made 

6 by the Department of Defense in fiscal year 2011. 

7 SEC. 8072. In addition to amounts provided else8 where in this Act, $4,000,000 is hereby appropriated to 

9 the Department of Defense, to remain available for obliga10 tion until expended: Provided, That notwithstanding any 

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

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

13 for the construction and furnishing of additional Fisher 

14 Houses to meet the needs of military family members 

15 when confronted with the illness or hospitalization of an 

16 eligible military beneficiary. 

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 ‘‘Research, Development, Test and Evaluation, Defense21 Wide’’, $415,115,000 shall be for the Israeli Cooperative 

22 Programs: Provided, That of this amount, $205,000,000 

23 shall be for the Secretary of Defense to provide to the Gov24 ernment of Israel for the procurement of the Iron Dome 

25 defense system to counter short-range rocket threats, 


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1 $84,722,000 shall be for the Short Range Ballistic Missile 

2 Defense (SRBMD) program, including cruise missile de3 fense research and development under the SRBMD pro4 gram, $58,966,000 shall be available for an upper-tier 

5 component to the Israeli Missile Defense Architecture, and 

6 $66,427,000 shall be for the Arrow System Improvement 

7 Program including development of a long range, ground 

8 and airborne, detection suite, of which $12,000,000 shall 

9 be for producing Arrow missile components in the United 

10 States and Arrow missile components in Israel to meet 

11 Israel’s defense requirements, consistent with each na12 tion’s laws, regulations and procedures: Provided further, 

13 That funds made available under this provision for pro14 duction of missiles and missile components may be trans15 ferred to appropriations available for the procurement of 

16 weapons and equipment, to be merged with and to be 

17 available for the same time period and the same purposes 

18 as the appropriation to which transferred: Provided fur19 ther, That the transfer authority provided under this pro20 vision is in addition to any other transfer authority con21 tained in this Act. 

22 SEC. 8074. None of the funds available to the De23 partment of Defense may be obligated to modify command 

24 and control relationships to give Fleet Forces Command 

25 administrative and operational control of U.S. Navy forces 


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1 assigned to the Pacific fleet: Provided, That the command 

2 and control relationships which existed on October 1, 

3 2004, shall remain in force unless changes are specifically 

4 authorized in a subsequent Act. 

5 SEC. 8075. Notwithstanding any other provision of 

6 law or regulation, the Secretary of Defense may exercise 

7 the provisions of section 7403(g) of title 38, United States 

8 Code, for occupations listed in section 7403(a)(2) of title 

9 38, United States Code, as well as the following: 

10 Pharmacists, Audiologists, Psychologists, Social 

11 Workers, Othotists/Prosthetists, Occupational 

12 Therapists, Physical Therapists, Rehabilitation 

13 Therapists, Respiratory Therapists, Speech Patholo14 gists, Dietitian/Nutritionists, Industrial Hygienists, 

15 Psychology Technicians, Social Service Assistants, 

16 Practical Nurses, Nursing Assistants, and Dental 

17 Hygienists: 

18 (A) The requirements of section 

19 7403(g)(1)(A) of title 38, United States Code, 

20 shall apply. 

21 (B) The limitations of section 

22 7403(g)(1)(B) of title 38, United States Code, 

23 shall not apply. 

24 SEC. 8076. Funds appropriated by this Act, or made 

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1 ligence activities are deemed to be specifically authorized 

2 by the Congress for purposes of section 504 of the Na3 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

4 year 2011 until the enactment of the Intelligence Author5 ization Act for Fiscal Year 2011. 

6 SEC. 8077. None of the funds provided in this Act 

7 shall be available for obligation or expenditure through a 

8 reprogramming of funds that creates or initiates a new 

9 program, project, or activity unless such program, project, 

10 or activity must be undertaken immediately in the interest 

11 of national security and only after written prior notifica12 tion to the congressional defense committees. 

13 SEC. 8078. The budget of the President for fiscal 

14 year 2012 submitted to the Congress pursuant to section 

15 1105 of title 31, United States Code, shall include sepa16 rate budget justification documents for costs of United 

17 States Armed Forces’ participation in contingency oper18 ations for the Military Personnel accounts, the Operation 

19 and Maintenance accounts, and the Procurement ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and 

23 Reserve components, and for each appropriations account: 

24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class, 


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1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but 

3 not limited to, troop strength for each Active and Reserve 

4 component, and estimates of the major weapons systems 

5 deployed in support of each contingency: Provided further, 

6 That these documents shall include budget exhibits OP– 

7 5 and OP–32 (as defined in the Department of Defense 

8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal 

10 years. 

11 SEC. 8079. None of the funds in this Act may be 

12 used for research, development, test, evaluation, procure13 ment or deployment of nuclear armed interceptors of a 

14 missile defense system. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8080. In addition to the amounts appropriated 

17 or otherwise made available elsewhere in this Act, 

18 $65,200,000 is hereby appropriated to the Department of 

19 Defense: Provided, That the Secretary of Defense shall 

20 make grants in the amounts specified as follows: 

21 $20,000,000 to the United Service Organizations; 

22 $24,000,000 to the Red Cross; $1,200,000 to the Special 

23 Olympics; and $20,000,000 to the Youth Mentoring 

24 Grants Program: Provided further, That funds available 

25 in this section for the Youth Mentoring Grants Program 


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1 may be available for transfer to the Department of Justice 

2 Youth Mentoring Grants Program. 

3 SEC. 8081. None of the funds appropriated or made 

4 available in this Act shall be used to reduce or disestablish 

5 the operation of the 53rd Weather Reconnaissance Squad6 ron of the Air Force Reserve, if such action would reduce 

7 the WC–130 Weather Reconnaissance mission below the 

8 levels funded in this Act: Provided, That the Air Force 

9 shall allow the 53rd Weather Reconnaissance Squadron to 

10 perform other missions in support of national defense re11 quirements during the non-hurricane season. 

12 SEC. 8082. None of the funds provided in this Act 

13 shall be available for integration of foreign intelligence in14 formation unless the information has been lawfully col15 lected and processed during the conduct of authorized for16 eign intelligence activities: Provided, That information 

17 pertaining to United States persons shall only be handled 

18 in accordance with protections provided in the Fourth 

19 Amendment of the United States Constitution as imple20 mented through Executive Order No. 12333. 

21 SEC. 8083. (a) At the time members of reserve com22 ponents of the Armed Forces are called or ordered to ac23 tive duty under section 12302(a) of title 10, United States 

24 Code, each member shall be notified in writing of the ex25 pected period during which the member will be mobilized. 


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1 (b) The Secretary of Defense may waive the require2 ments of subsection (a) in any case in which the Secretary 

3 determines that it is necessary to do so to respond to a 

4 national security emergency or to meet dire operational 

5 requirements of the Armed Forces. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8084. The Secretary of Defense may transfer 

8 funds from any available Department of the Navy appro9 priation to any available Navy ship construction appro10 priation for the purpose of liquidating necessary changes 

11 resulting from inflation, market fluctuations, or rate ad12 justments for any ship construction program appropriated 

13 in law: Provided, That the Secretary may transfer not to 

14 exceed $100,000,000 under the authority provided by this 

15 section: Provided further, That the Secretary may not 

16 transfer any funds until 30 days after the proposed trans17 fer has been reported to the Committees on Appropria18 tions of the House of Representatives and the Senate, un19 less a response from the Committees is received sooner: 

20 Provided further, That any funds transferred pursuant to 

21 this section shall retain the same period of availability as 

22 when originally appropriated: Provided further, That the 

23 transfer authority provided by this section is in addition 

24 to any other transfer authority contained elsewhere in this 

25 Act. 


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1 SEC. 8085. For purposes of section 7108 of title 41, 

2 United States Code, any subdivision of appropriations 

3 made under the heading ‘‘Shipbuilding and Conversion, 

4 Navy’’ that is not closed at the time reimbursement is 

5 made shall be available to reimburse the Judgment Fund 

6 and shall be considered for the same purposes as any sub7 division under the heading ‘‘Shipbuilding and Conversion, 

8 Navy’’ appropriations in the current fiscal year or any 

9 prior fiscal year. 

10 SEC. 8086. (a) None of the funds appropriated by 

11 this Act may be used to transfer research and develop12 ment, acquisition, or other program authority relating to 

13 current tactical unmanned aerial vehicles (TUAVs) from 

14 the Army. 

15 (b) The Army shall retain responsibility for and oper16 ational control of the MQ–1C Sky Warrior Unmanned 

17 Aerial Vehicle (UAV) in order to support the Secretary 

18 of Defense in matters relating to the employment of un19 manned aerial vehicles. 

20 SEC. 8087. Of the funds provided in this Act, 

21 $7,080,000 shall be available for the operations and devel22 opment of training and technology for the Joint Inter23 agency Training and Education Center and the affiliated 

24 Center for National Response at the Memorial Tunnel and 

25 for providing homeland defense/security and traditional 


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1 warfighting training to the Department of Defense, other 

2 Federal agencies, and State and local first responder per3 sonnel at the Joint Interagency Training and Education 

4 Center. 

5 SEC. 8088. Notwithstanding any other provision of 

6 law or regulation, during the current fiscal year and here7 after, the Secretary of Defense may adjust wage rates for 

8 civilian employees hired for certain health care occupa9 tions as authorized for the Secretary of Veterans Affairs 

10 by section 7455 of title 38, United States Code. 

11 SEC. 8089. Up to $15,000,000 of the funds appro12 priated under the heading ‘‘Operation and Maintenance, 

13 Navy’’ may be made available for the Asia Pacific Re14 gional Initiative Program for the purpose of enabling the 

15 Pacific Command to execute Theater Security Cooperation 

16 activities such as humanitarian assistance, and payment 

17 of incremental and personnel costs of training and exer18 cising with foreign security forces: Provided, That funds 

19 made available for this purpose may be used, notwith20 standing any other funding authorities for humanitarian 

21 assistance, security assistance or combined exercise ex22 penses: Provided further, That funds may not be obligated 

23 to provide assistance to any foreign country that is other24 wise prohibited from receiving such type of assistance 

25 under any other provision of law. 


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1 SEC. 8090. None of the funds appropriated by this 

2 Act for programs of the Office of the Director of National 

3 Intelligence shall remain available for obligation beyond 

4 the current fiscal year, except for funds appropriated for 

5 research and technology, which shall remain available until 

6 September 30, 2012. 

7 SEC. 8091. For purposes of section 1553(b) of title 

8 31, United States Code, any subdivision of appropriations 

9 made in this Act under the heading ‘‘Shipbuilding and 

10 Conversion, Navy’’ shall be considered to be for the same 

11 purpose as any subdivision under the heading ‘‘Ship12 building and Conversion, Navy’’ appropriations in any 

13 prior fiscal year, and the 1 percent limitation shall apply 

14 to the total amount of the appropriation. 

15 SEC. 8092. Notwithstanding any other provision of 

16 law, not more than 35 percent of funds provided in this 

17 Act for environmental remediation may be obligated under 

18 indefinite delivery/indefinite quantity contracts with a 

19 total contract value of $130,000,000 or higher. 

20 SEC. 8093. The Director of National Intelligence 

21 shall include the budget exhibits identified in paragraphs 

22 (1) and (2) as described in the Department of Defense 

23 Financial Management Regulation with the congressional 

24 budget justification books: 


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1 (1) For procurement programs requesting more 

2 than $20,000,000 in any fiscal year, the P–1, Pro3 curement Program; P–5, Cost Analysis; P–5a, Pro4 curement History and Planning; P–21, Production 

5 Schedule; and P–40, Budget Item Justification. 

6 (2) For research, development, test and evalua7 tion projects requesting more than $10,000,000 in 

8 any fiscal year, the R–1, RDT&E Program; R–2, 

9 RDT&E Budget Item Justification; R–3, RDT&E 

10 Project Cost Analysis; and R–4, RDT&E Program 

11 Schedule Profile. 

12 SEC. 8094. The Secretary of Defense shall create a 

13 major force program category for space for each future14 years defense program of the Department of Defense sub15 mitted to Congress under section 221 of title 10, United 

16 States Code, during fiscal year 2011. The Secretary of De17 fense shall designate an official in the Office of the Sec18 retary of Defense to provide overall supervision of the 

19 preparation and justification of program recommendations 

20 and budget proposals to be included in such major force 

21 program category. 

22 SEC. 8095. (a) Not later than 60 days after enact23 ment of this Act, the Office of the Director of National 

24 Intelligence shall submit a report to the congressional in25 telligence committees to establish the baseline for applicaVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 tion of reprogramming and transfer authorities for fiscal 

2 year 2011: Provided, That the report shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget re5 quest, adjustments made by Congress, adjustments 

6 due to enacted rescissions, if appropriate, and the 

7 fiscal year enacted level; 

8 (2) a delineation in the table for each appro9 priation by Expenditure Center and project; and 

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

12 (b) None of the funds provided for the National Intel13 ligence Program in this Act shall be available for re14 programming or transfer until the report identified in sub15 section (a) is submitted to the congressional intelligence 

16 committees, unless the Director of National Intelligence 

17 certifies in writing to the congressional intelligence com18 mittees that such reprogramming or transfer is necessary 

19 as an emergency requirement. 

20 SEC. 8096. The Director of National Intelligence 

21 shall submit to Congress each year, at or about the time 

22 that the President’s budget is submitted to Congress that 

23 year under section 1105(a) of title 31, United States 

24 Code, a future-years intelligence program (including asso25 ciated annexes) reflecting the estimated expenditures and 


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1 proposed appropriations included in that budget. Any such 

2 future-years intelligence program shall cover the fiscal 

3 year with respect to which the budget is submitted and 

4 at least the four succeeding fiscal years. 

5 SEC. 8097. For the purposes of this Act, the term 

6 ‘‘congressional intelligence committees’’ means the Perma7 nent Select Committee on Intelligence of the House of 

8 Representatives, the Select Committee on Intelligence of 

9 the Senate, the Subcommittee on Defense of the Com10 mittee on Appropriations of the House of Representatives, 

11 and the Subcommittee on Defense of the Committee on 

12 Appropriations of the Senate. 

13 SEC. 8098. The Department of Defense shall con14 tinue to report incremental contingency operations costs 

15 for Operation New Dawn and Operation Enduring Free16 dom on a monthly basis in the Cost of War Execution 

17 Report as prescribed in the Department of Defense Finan18 cial Management Regulation Department of Defense In19 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

20 Operations’’, Annex 1, dated September 2005. 

21 SEC. 8099. The amounts appropriated in title II of 

22 this Act are hereby reduced by $1,983,000,000 to reflect 

23 excess cash balances in Department of Defense Working 

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1 tenance, Army’’, $700,000,000; and (2) From ‘‘Operation 

2 and Maintenance, Defense-Wide’’, $1,283,000,000. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8100. During the current fiscal year, not to ex5 ceed $11,000,000 from each of the appropriations made 

6 in title II of this Act for ‘‘Operation and Maintenance, 

7 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper8 ation and Maintenance, Air Force’’ may be transferred by 

9 the military department concerned to its central fund es10 tablished for Fisher Houses and Suites pursuant to sec11 tion 2493(d) of title 10, United States Code. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8101. Of the funds appropriated in the Intel14 ligence Community Management Account for the Program 

15 Manager for the Information Sharing Environment, 

16 $24,000,000 is available for transfer by the Director of 

17 National Intelligence to other departments and agencies 

18 for purposes of Government-wide information sharing ac19 tivities: Provided, That funds transferred under this provi20 sion are to be merged with and available for the same pur21 poses and time period as the appropriation to which trans22 ferred: Provided further, That the Office of Management 

23 and Budget must approve any transfers made under this 

24 provision. 


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1 SEC. 8102. Funds appropriated by this Act for oper2 ation and maintenance may be available for the purpose 

3 of making remittances to the Defense Acquisition Work4 force Development Fund in accordance with the require5 ments of section 1705 of title 10, United States Code. 

6 SEC. 8103. (a) Any agency receiving funds made 

7 available in this Act, shall, subject to subsections (b) and 

8 (c), post on the public website of that agency any report 

9 required to be submitted by the Congress in this or any 

10 other Act, upon the determination by the head of the agen11 cy that it shall serve the national interest. 

12 (b) Subsection (a) shall not apply to a report if— 

13 (1) the public posting of the report com14 promises national security; or 

15 (2) the report contains proprietary information. 

16 (c) The head of the agency posting such report shall 

17 do so only after such report has been made available to 

18 the requesting Committee or Committees of Congress for 

19 no less than 45 days. 

20 SEC. 8104. (a) None of the funds appropriated or 

21 otherwise made available by this Act may be expended for 

22 any Federal contract for an amount in excess of 

23 $1,000,000 unless the contractor agrees not to— 

24 (1) enter into any agreement with any of its 

25 employees or independent contractors that requires, 


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1 as a condition of employment, that the employee or 

2 independent contractor agree to resolve through ar3 bitration any claim under title VII of the Civil 

4 Rights Act of 1964 or any tort related to or arising 

5 out of sexual assault or harassment, including as6 sault and battery, intentional infliction of emotional 

7 distress, false imprisonment, or negligent hiring, su8 pervision, or retention; or 

9 (2) take any action to enforce any provision of 

10 an existing agreement with an employee or inde11 pendent contractor that mandates that the employee 

12 or independent contractor resolve through arbitra13 tion any claim under title VII of the Civil Rights Act 

14 of 1964 or any tort related to or arising out of sex15 ual assault or harassment, including assault and 

16 battery, intentional infliction of emotional distress, 

17 false imprisonment, or negligent hiring, supervision, 

18 or retention. 

19 (b) None of the funds appropriated or otherwise 

20 made available by this Act may be expended for any Fed21 eral contract unless the contractor certifies that it requires 

22 each covered subcontractor to agree not to enter into, and 

23 not to take any action to enforce any provision of, any 

24 agreement as described in paragraphs (1) and (2) of sub25 section (a), with respect to any employee or independent 


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1 contractor performing work related to such subcontract. 

2 For purposes of this subsection, a ‘‘covered subcon3 tractor’’ is an entity that has a subcontract in excess of 

4 $1,000,000 on a contract subject to subsection (a). 

5 (c) The prohibitions in this section do not apply with 

6 respect to a contractor’s or subcontractor’s agreements 

7 with employees or independent contractors that may not 

8 be enforced in a court of the United States. 

9 (d) The Secretary of Defense may waive the applica10 tion of subsection (a) or (b) to a particular contractor or 

11 subcontractor for the purposes of a particular contract or 

12 subcontract if the Secretary or the Deputy Secretary per13 sonally determines that the waiver is necessary to avoid 

14 harm to national security interests of the United States, 

15 and that the term of the contract or subcontract is not 

16 longer than necessary to avoid such harm. The determina17 tion shall set forth with specificity the grounds for the 

18 waiver and for the contract or subcontract term selected, 

19 and shall state any alternatives considered in lieu of a 

20 waiver and the reasons each such alternative would not 

21 avoid harm to national security interests of the United 

22 States. The Secretary of Defense shall transmit to Con23 gress, and simultaneously make public, any determination 

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1 fore the contract or subcontract addressed in the deter2 mination may be awarded. 

3 (e) By March 1, 2011, or within 60 days after enact4 ment of this Act, whichever is later, the Government Ac5 countability Office shall submit a report to the Congress 

6 evaluating the effect that the requirements of this section 

7 have had on national security, including recommendations, 

8 if any, for changes to these requirements. 

9 SEC. 8105. (a) PROHIBITION ON CONVERSION OF

10 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

11 CONTRACTOR PERFORMANCE.—None of the funds appro12 priated by this Act or otherwise available to the Depart13 ment of Defense may be used to begin or announce the 

14 competition to award to a contractor or convert to per15 formance by a contractor any functions performed by Fed16 eral employees pursuant to a study conducted under Office 

17 of Management and Budget (OMB) Circular A–76. 

18 (b) EXCEPTION.—The prohibition in subsection (a) 

19 shall not apply to the award of a function to a contractor 

20 or the conversion of a function to performance by a con21 tractor pursuant to a study conducted under Office of 

22 Management and Budget (OMB) Circular A–76 once all 

23 reporting and certifications required by section 325 of the 

24 National Defense Authorization Act for Fiscal Year 2010 

25 (Public Law 111–84) have been satisfactorily completed. 


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1 SEC. 8106. (a)(1) No National Intelligence Program 

2 funds appropriated in this Act may be used for a mission 

3 critical or mission essential business management infor4 mation technology system that is not registered with the 

5 Director of National Intelligence. A system shall be con6 sidered to be registered with that officer upon the fur7 nishing notice of the system, together with such informa8 tion concerning the system as the Director of the Business 

9 Transformation Office may prescribe. 

10 (2) During the current fiscal year no funds may be 

11 obligated or expended for a financial management auto12 mated information system, a mixed information system 

13 supporting financial and non-financial systems, or a busi14 ness system improvement of more than $3,000,000, within 

15 the Intelligence Community without the approval of the 

16 Business Transformation Office, and the designated Intel17 ligence Community functional lead element. 

18 (b) The Director of the Business Transformation Of19 fice shall provide the congressional intelligence committees 

20 a semi-annual report of approvals under paragraph (1) no 

21 later than March 30 and September 30 of each year. The 

22 report shall include the results of the Business Trans23 formation Investment Review Board’s semi-annual activi24 ties, and each report shall certify that the following steps 


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1 have been taken for systems approved under paragraph 

2 (1): 

3 (1) Business process reengineering. 

4 (2) An analysis of alternatives and an economic 

5 analysis that includes a calculation of the return on 

6 investment. 

7 (3) Assurance the system is compatible with the 

8 enterprise-wide business architecture. 

9 (4) Performance measures. 

10 (5) An information assurance strategy con11 sistent with the Chief Information Officer of the In12 telligence Community. 

13 (c) This section shall not apply to any programmatic 

14 or analytic systems or programmatic or analytic system 

15 improvements. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8107. Of the funds appropriated in this Act for 

18 the Office of the Director of National Intelligence, 

19 $50,000,000, may be transferred to appropriations avail20 able to the Central Intelligence Agency, the National Secu21 rity Agency, and the National Geospatial Intelligence 

22 Agency, the Defense Intelligence Agency and the National 

23 Reconnaissance Office for the Business Transformation 

24 Transfer Funds, to be merged with and to be available 

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


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1 appropriation to which transferred: Provided, That the 

2 transfer authority provided under this provision is in addi3 tion to any other transfer authority contained in this Act. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8108. In addition to funds made available else6 where in this Act, there is hereby appropriated 

7 $538,875,000, to remain available until transferred: Pro8 vided, That these funds are appropriated to the ‘‘Tanker 

9 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

10 elsewhere in this section): Provided further, That the Sec11 retary of the Air Force may transfer amounts in the Fund 

12 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 

13 Procurement, Air Force’’, and ‘‘Research, Development, 

14 Test and Evaluation, Air Force’’, only for the purposes 

15 of proceeding with a tanker acquisition program: Provided 

16 further, That funds transferred shall be merged with and 

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

18 period as the appropriations or fund to which transferred: 

19 Provided further, That this transfer authority is in addi20 tion to any other transfer authority available to the De21 partment of Defense: Provided further, That the Secretary 

22 of the Air Force shall, not fewer than 15 days prior to 

23 making transfers using funds provided in this section, no24 tify the congressional defense committees in writing of the 

25 details of any such transfer: Provided further, That the 


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1 Secretary shall submit a report no later than 30 days after 

2 the end of each fiscal quarter to the congressional defense 

3 committees summarizing the details of the transfer of 

4 funds from this appropriation. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8109. From within the funds appropriated for 

7 operation and maintenance for the Defense Health Pro8 gram in this Act, up to $132,200,000, shall be available 

9 for transfer to the Joint Department of Defense-Depart10 ment of Veterans Affairs Medical Facility Demonstration 

11 Fund in accordance with the provisions of section 1704 

12 of the National Defense Authorization Act for Fiscal Year 

13 2010, Public Law 111–84: Provided, That for purposes 

14 of section 1704(b), the facility operations funded are oper15 ations of the integrated Captain James A. Lovell Federal 

16 Health Care Center, consisting of the North Chicago Vet17 erans Affairs Medical Center, the Navy Ambulatory Care 

18 Center, and supporting facilities designated as a combined 

19 Federal medical facility as described by section 706 of 

20 Public Law 110–417: Provided further, That additional 

21 funds may be transferred from funds appropriated for op22 eration and maintenance for the Defense Health Program 

23 to the Joint Department of Defense-Department of Vet24 erans Affairs Medical Facility Demonstration Fund upon 

25 written notification by the Secretary of Defense to the 


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1 Committees on Appropriations of the House of Represent2 atives and the Senate. 

3 SEC. 8110. (a) Of the amounts made available in this 

4 Act under the heading ‘‘Operation and Maintenance, 

5 Navy’’, not less than $2,000,000, shall be made available 

6 for leveraging the Army’s Contractor Manpower Reporting 

7 Application, modified as appropriate for Service-specific 

8 requirements, for documenting the number of full-time 

9 contractor employees (or its equivalent) pursuant to 

10 United States Code title 10, section 2330a(c) and meeting 

11 the requirements of United States Code title 10, section 

12 2330a(e) and United States Code title 10, section 235. 

13 (b) Of the amounts made available in this Act under 

14 the heading ‘‘Operation and Maintenance, Air Force’’, not 

15 less than $2,000,000 shall be made available for 

16 leveraging the Army’s Contractor Manpower Reporting 

17 Application, modified as appropriate for Service-specific 

18 requirements, for documenting the number of full-time 

19 contractor employees (or its equivalent) pursuant to 

20 United States Code title 10 section 2330a(c) and meeting 

21 the requirements of United States Code title 10, section 

22 2330a(e) and United States Code title 10, section 235. 

23 (c) The Secretaries of the Army, Navy, Air Force, 

24 and the Directors of the Defense Agencies and Field Ac25 tivities (in coordination with the appropriate Principal 


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1 Staff Assistant), in coordination with the Under Secretary 

2 of Defense for Personnel and Readiness, shall report to 

3 the congressional defense committees within 60 days of 

4 enactment of this Act their plan for documenting the num5 ber of full-time contractor employees (or its equivalent), 

6 as required by United States Code title 10, section 2330a. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8111. In addition to amounts provided else9 where in this Act, there is appropriated $250,000,000, for 

10 an additional amount for ‘‘Operation and Maintenance, 

11 Defense-Wide’’, to be available until expended: Provided, 

12 That such funds shall only be available to the Secretary 

13 of Defense, acting through the Office of Economic Adjust14 ment of the Department of Defense, or for transfer to the 

15 Secretary of Education, notwithstanding any other provi16 sion of law, to make grants, conclude cooperative agree17 ments, or supplement other Federal funds to construct, 

18 renovate, repair, or expand elementary and secondary pub19 lic schools on military installations in order to address ca20 pacity or facility condition deficiencies at such schools: 

21 Provided further, That in making such funds available, the 

22 Office of Economic Adjustment or the Secretary of Edu23 cation shall give priority consideration to those military 

24 installations with schools having the most serious capacity 


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1 or facility condition deficiencies as determined by the Sec2 retary of Defense. 

3 SEC. 8112. In addition to amounts provided else4 where in this Act, there is appropriated $300,000,000, for 

5 an additional amount for ‘‘Operation and Maintenance, 

6 Defense-Wide’’, to remain available until expended. Such 

7 funds may be available for the Office of Economic Adjust8 ment, notwithstanding any other provision of law, for 

9 transportation infrastructure improvements associated 

10 with medical facilities related to recommendations of the 

11 Defense Base Closure and Realignment Commission. 

12 SEC. 8113. Section 310(b) of the Supplemental Ap13 propriations Act, 2009 (Public Law 111–32; 123 Stat. 

14 1871) is amended by striking ‘‘1 year’’ both places it ap15 pears and inserting ‘‘2 years’’. 

16 SEC. 8114. The Office of the Director of National 

17 Intelligence shall not employ more Senior Executive em18 ployees than are specified in the classified annex: Pro19 vided, That not later than 90 days after enactment of this 

20 Act, the Director of National Intelligence shall certify that 

21 the Office of the Director of National Intelligence selects 

22 individuals for Senior Executive positions in a manner 

23 consistent with statutes, regulations, and the requirements 

24 of other Federal agencies in making such appointments 

25 and will submit its policies and procedures related to the 


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1 appointment of personnel to Senior Executive positions to 

2 the congressional intelligence oversight committees. 

3 SEC. 8115. For all major defense acquisition pro4 grams for which the Department of Defense plans to pro5 ceed to source selection during the current fiscal year, the 

6 Secretary of Defense shall perform an assessment of the 

7 winning bidder to determine whether or not the proposed 

8 costs are realistic and reasonable with respect to proposed 

9 development and production costs. The Secretary of De10 fense shall provide a report of these assessments, to spe11 cifically include whether any cost assessments determined 

12 that such proposed costs were unreasonable or unrealistic, 

13 to the congressional defense committees not later than 60 

14 days after enactment of this Act and on a quarterly basis 

15 thereafter. 

16 SEC. 8116. (a) The Deputy Under Secretary of De17 fense for Installations and Environment, in collaboration 

18 with the Secretary of Energy, shall conduct energy secu19 rity pilot projects at facilities of the Department of De20 fense. 

21 (b) In addition to the amounts provided elsewhere in 

22 this Act, $20,000,000, is appropriated to the Department 

23 of Defense for ‘‘Operation and Maintenance, Defense24 Wide’’ for energy security pilot projects under subsection 

25 (a). 


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1 SEC. 8117. None of the funds appropriated or other2 wise made available by this Act may be obligated or ex3 pended to pay a retired general or flag officer to serve 

4 as a senior mentor advising the Department of Defense 

5 unless such retired officer files a Standard Form 278 (or 

6 successor form concerning public financial disclosure 

7 under part 2634 of title 5, Code of Federal Regulations) 

8 to the Office of Government Ethics. 

9 SEC. 8118. Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary of Defense, 

11 the Chief of the Air Force Reserve, and the Director of 

12 the National Guard Bureau, in collaboration with the Sec13 retary of Agriculture and the Secretary of the Interior, 

14 shall submit to the Committees on Appropriations of the 

15 House and Senate, the House Committee on Agriculture, 

16 the Senate Committee on Agriculture, Nutrition and For17 estry, the House Committee on Natural Resources, and 

18 the Senate Committee on Energy and Natural Resources 

19 a report of firefighting aviation assets. The report re20 quired under this section shall include each of the fol21 lowing: 

22 (1) A description of the programming details 

23 necessary to obtain an appropriate mix of fixed wing 

24 and rotor wing firefighting assets needed to produce 

25 an effective aviation resource base to support the 


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1 wildland fire management program into the future. 

2 Such programming details shall include the acquisi3 tion and contracting needs of the mix of aviation re4 sources fleet, including the acquisition of up to 24 

5 C–130Js equipped with the Mobile Airborne Fire 

6 Fighting System II (in this section referred to as 

7 ‘‘MAFFS’’), to be acquired over several fiscal years 

8 starting in fiscal year 2012. 

9 (2) The costs associated with acquisition and 

10 contracting of the aviation assets described in para11 graph (1). 

12 (3) A description of the costs of the operation, 

13 maintenance, and sustainment of a fixed and rotor 

14 wing aviation fleet, including a C–130J/MAFFS II 

15 in an Air National Guard tactical airlift unit con16 struct of 4, 6, or 8 C–130Js per unit starting in fis17 cal year 2012, projected out through fiscal year 

18 2020. Such description shall include the projected 

19 costs associated with each of the following through 

20 fiscal year 2020: 

21 (A) Crew ratio based on 4, 6, or 8 C–130J 

22 Air National Guard unit construct and require23 ment for full-time equivalent crews. 


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1 (B) Associated maintenance and other sup2 port personnel and requirement for full-time 

3 equivalent positions. 

4 (C) Yearly flying hour model and the cost 

5 for use of a fixed and rotor wing aviation fleet, 

6 including C–130J in its MAFFS capacity sup7 porting the United States Forest Service. 

8 (D) Yearly flying hour model and cost for 

9 use of a C–130J in its capacity supporting Air 

10 National Guard tactical airlift training. 

11 (E) Any other costs required to conduct 

12 both the airlift and firefighting missions, in13 cluding the Air National Guard unit construct 

14 for C–130Js. 

15 (4) Proposed program management, utilization, 

16 and cost share arrangements for the aircraft de17 scribed in paragraph (1) for primary support of the 

18 Forest Service and secondary support, on an as 

19 available basis, for the Department of Defense, to20 gether with any proposed statutory language needed 

21 to authorize and effectuate the same. 

22 (5) An integrated plan for the Forest Service 

23 and the Department of the Interior wildland fire 

24 management programs to operate the fire fighting 

25 air tanker assets referred to in this section. 


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1 SEC. 8119. The explanatory statement regarding this 

2 Act, printed in the House of Representatives section of 

3 the Congressional Record on or about February 16, 2011, 

4 by the Chairman of the Committee on Appropriations of 

5 the House, shall have the same effect with respect to the 

6 allocation of funds and implementation of this Act as if 

7 it were a Report of the Committee on Appropriations. 

8 TITLE IX 

9 OVERSEAS CONTINGENCY OPERATIONS 

10 MILITARY PERSONNEL 

11 MILITARY PERSONNEL, ARMY

12 For an additional amount for ‘‘Military Personnel, 

13 Army’’, $11,468,033,000: Provided, That each amount in 

14 this paragraph is designated as being for contingency op15 erations directly related to the global war on terrorism 

16 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

17 and as an emergency requirement pursuant to section 

18 403(a) of S. Con. Res. 13 (111th Congress), the concur19 rent resolution on the budget for fiscal year 2010. 

20 MILITARY PERSONNEL, NAVY

21 For an additional amount for ‘‘Military Personnel, 

22 Navy’’, $1,308,719,000: Provided, That each amount in 

23 this paragraph is designated as being for contingency op24 erations directly related to the global war on terrorism 

25 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 


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1 and as an emergency requirement pursuant to section 

2 403(a) of S. Con. Res. 13 (111th Congress), the concur3 rent resolution on the budget for fiscal year 2010. 

4 MILITARY PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Military Personnel, 

6 Marine Corps’’, $732,920,000: Provided, That each 

7 amount in this paragraph is designated as being for con8 tingency operations directly related to the global war on 

9 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

10 Congress) and as an emergency requirement pursuant to 

11 section 403(a) of S. Con. Res. 13 (111th Congress), the 

12 concurrent resolution on the budget for fiscal year 2010. 

13 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel, 

15 Air Force’’, $2,060,442,000: Provided, That each amount 

16 in this paragraph is designated as being for contingency 

17 operations directly related to the global war on terrorism 

18 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

19 and as an emergency requirement pursuant to section 

20 403(a) of S. Con. Res. 13 (111th Congress), the concur21 rent resolution on the budget for fiscal year 2010. 

22 RESERVE PERSONNEL, ARMY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Army’’, $268,031,000: Provided, That each amount in this 

25 paragraph is designated as being for contingency operVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 ations directly related to the global war on terrorism pur2 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

3 and as an emergency requirement pursuant to section 

4 403(a) of S. Con. Res. 13 (111th Congress), the concur5 rent resolution on the budget for fiscal year 2010. 

6 RESERVE PERSONNEL, NAVY

7 For an additional amount for ‘‘Reserve Personnel, 

8 Navy’’, $48,912,000: Provided, That each amount in this 

9 paragraph is designated as being for contingency oper10 ations directly related to the global war on terrorism pur11 suant 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 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, 

17 Marine Corps’’, $45,437,000: Provided, That each amount 

18 in this paragraph is designated as being for contingency 

19 operations directly related to the global war on terrorism 

20 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

21 and as an emergency requirement pursuant to section 

22 403(a) of S. Con. Res. 13 (111th Congress), the concur23 rent resolution on the budget for fiscal year 2010. 


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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, 

3 Air Force’’, $27,002,000: Provided, That each amount in 

4 this paragraph is designated as being for contingency op5 erations directly related to the global war on terrorism 

6 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

7 and as an emergency requirement pursuant to section 

8 403(a) of S. Con. Res. 13 (111th Congress), the concur9 rent resolution on the budget for fiscal year 2010. 

10 NATIONAL GUARD PERSONNEL, ARMY

11 For an additional amount for ‘‘National Guard Per12 sonnel, Army’’, $853,022,000: Provided, That each 

13 amount in this paragraph is designated as being for con14 tingency operations directly related to the global war on 

15 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

16 Congress) and as an emergency requirement pursuant to 

17 section 403(a) of S. Con. Res. 13 (111th Congress), the 

18 concurrent resolution on the budget for fiscal year 2010. 

19 NATIONAL GUARD PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘National Guard Per21 sonnel, Air Force’’, $16,860,000: Provided, That each 

22 amount in this paragraph is designated as being for con23 tingency operations directly related to the global war on 

24 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

25 Congress) and as an emergency requirement pursuant to 


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1 section 403(a) of S. Con. Res. 13 (111th Congress), the 

2 concurrent resolution on the budget for fiscal year 2010. 

3 OPERATION AND MAINTENANCE 

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Main6 tenance, Army’’, $59,212,782,000: Provided, That each 

7 amount in this paragraph is designated as being for con8 tingency operations directly related to the global war on 

9 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

10 Congress) and as an emergency requirement pursuant to 

11 section 403(a) of S. Con. Res. 13 (111th Congress), the 

12 concurrent resolution on the budget for fiscal year 2010. 

13 OPERATION AND MAINTENANCE, NAVY

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy’’, $8,970,724,000: Provided, That each 

16 amount in this paragraph is designated as being for con17 tingency operations directly related to the global war on 

18 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

19 Congress) and as an emergency requirement pursuant to 

20 section 403(a) of S. Con. Res. 13 (111th Congress), the 

21 concurrent resolution on the budget for fiscal year 2010. 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps’’, $4,008,022,000: Provided, That 

25 each amount in this paragraph is designated as being for 


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1 contingency operations directly related to the global war 

2 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

3 (112th Congress) and as an emergency requirement pur4 suant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 OPERATION AND MAINTENANCE, AIR FORCE

8 For an additional amount for ‘‘Operation and Main9 tenance, Air Force’’, $12,989,643,000: Provided, That 

10 each amount in this paragraph is designated as being for 

11 contingency operations directly related to the global war 

12 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

13 (112th Congress) and as an emergency requirement pur14 suant to section 403(a) of S. Con. Res. 13 (111th Con15 gress), the concurrent resolution on the budget for fiscal 

16 year 2010. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $9,276,990,000: Provided, That 

20 each amount in this section is designated as being for con21 tingency operations directly related to the global war on 

22 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

23 Congress) and as an emergency requirement pursuant to 

24 section 403(a) of S. Con. Res. 13 (111th Congress), the 

25 concurrent resolution on the budget for fiscal year 2010: 


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1 Provided further, That of the funds provided under this 

2 heading: 

3 (1) Not to exceed $12,500,000 for the Combat4 ant Commander Initiative Fund, to be used in sup5 port of Operation New Dawn and Operation Endur6 ing Freedom. 

7 (2) Not to exceed $1,600,000,000, to remain 

8 available until expended, for payments to reimburse 

9 key cooperating nations for logistical, military, and 

10 other support, including access provided to United 

11 States military operations in support of Operation 

12 New Dawn and Operation Enduring Freedom, not13 withstanding any other provision of law: Provided, 

14 That such reimbursement payments may be made in 

15 such amounts as the Secretary of Defense, with the 

16 concurrence of the Secretary of State, and in con17 sultation with the Director of the Office of Manage18 ment and Budget, may determine, in his discretion, 

19 based on documentation determined by the Secretary 

20 of Defense to adequately account for the support 

21 provided, and such determination is final and con22 clusive upon the accounting officers of the United 

23 States, and 15 days following notification to the ap24 propriate congressional committees: Provided further, 

25 That the requirement to provide notification shall 


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1 not apply with respect to a reimbursement for access 

2 based on an international agreement: Provided fur3 ther, That these funds may be used for the purpose 

4 of providing specialized training and procuring sup5 plies and specialized equipment and providing such 

6 supplies and loaning such equipment on a non-reim7 bursable basis to coalition forces supporting United 

8 States military operations in Iraq and Afghanistan, 

9 and 15 days following notification to the appropriate 

10 congressional committees: Provided further, That the 

11 Secretary of Defense shall provide quarterly reports 

12 to the congressional defense committees on the use 

13 of funds provided in this paragraph. 

14 OPERATION AND MAINTENANCE, ARMY RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Army Reserve’’, $206,784,000: Provided, That 

17 each amount in this paragraph is designated as being for 

18 contingency operations directly related to the global war 

19 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

20 (112th Congress) and as an emergency requirement pur21 suant to section 403(a) of S. Con. Res. 13 (111th Con22 gress), the concurrent resolution on the budget for fiscal 

23 year 2010. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy Reserve’’, $93,559,000: Provided, That 

4 each amount in this paragraph is designated as being for 

5 contingency operations directly related to the global war 

6 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

7 (112th Congress) and as an emergency requirement pur8 suant to section 403(a) of S. Con. Res. 13 (111th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2010. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps Reserve’’, $29,685,000: Provided, 

15 That each amount in this paragraph is designated as 

16 being for contingency operations directly related to the 

17 global war on terrorism pursuant to section 3(c)(2) of H. 

18 Res. 5 (112th Congress) and as an emergency requirement 

19 pursuant to section 403(a) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Air Force Reserve’’, $203,807,000: Provided, 

25 That each amount in this paragraph is designated as 


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1 being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 OPERATION AND MAINTENANCE, ARMY NATIONAL

8 GUARD

9 For an additional amount for ‘‘Operation and Main10 tenance, Army National Guard’’, $497,849,000: Provided, 

11 That each amount in this paragraph is designated as 

12 being for contingency operations directly related to the 

13 global war on terrorism pursuant to section 3(c)(2) of H. 

14 Res. 5 (112th Congress) and as an emergency requirement 

15 pursuant to section 403(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Air National Guard’’, $417,983,000: Provided, 

21 That each amount in this paragraph is designated as 

22 being for contingency operations directly related to the 

23 global war on terrorism pursuant to section 3(c)(2) of H. 

24 Res. 5 (112th Congress) and as an emergency requirement 

25 pursuant to section 403(a) of S. Con. Res. 13 (111th ConVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 AFGHANISTAN INFRASTRUCTURE FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 There is hereby established in the Treasury of the 

6 United States the ‘‘Afghanistan Infrastructure Fund’’. 

7 For the ‘‘Afghanistan Infrastructure Fund’’, 

8 $400,000,000, to remain available until September 30, 

9 2012: Provided, That such sums shall be available for in10 frastructure projects in Afghanistan, notwithstanding any 

11 other provision of law, which shall be undertaken by the 

12 Secretary of State, unless the Secretary of State and the 

13 Secretary of Defense jointly decide that a specific project 

14 will be undertaken by the Department of Defense: Pro15 vided further, That the infrastructure referred to in the 

16 preceding proviso is in support of the counterinsurgency 

17 strategy, requiring funding for facility and infrastructure 

18 projects, including, but not limited to, water, power, and 

19 transportation projects and related maintenance and 

20 sustainment costs: Provided further, That the authority to 

21 undertake such infrastructure projects is in addition to 

22 any other authority to provide assistance to foreign na23 tions: Provided further, That any projects funded by this 

24 appropriation shall be jointly formulated and concurred in 

25 by the Secretary of State and Secretary of Defense: ProVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 vided further, That funds may be transferred to the De2 partment of State for purposes of undertaking projects, 

3 which funds shall be considered to be economic assistance 

4 under the Foreign Assistance Act of 1961 for purposes 

5 of making available the administrative authorities con6 tained in that Act: Provided further, That the transfer au7 thority in the preceding proviso is in addition to any other 

8 authority available to the Department of Defense to trans9 fer funds: Provided further, That any unexpended funds 

10 transferred to the Secretary of State under this authority 

11 shall be returned to the Afghanistan Infrastructure Fund 

12 if the Secretary of State, in coordination with the Sec13 retary of Defense, determines that the project cannot be 

14 implemented for any reason, or that the project no longer 

15 supports the counterinsurgency strategy in Afghanistan: 

16 Provided further, That any funds returned to the Sec17 retary of Defense under the previous proviso shall be avail18 able for use under this appropriation and shall be treated 

19 in the same manner as funds not transferred to the Sec20 retary of State: Provided further, That contributions of 

21 funds for the purposes provided herein to the Secretary 

22 of State in accordance with section 635(d) of the Foreign 

23 Assistance Act from any person, foreign government, or 

24 international organization may be credited to this Fund, 

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1 poses: Provided further, That the Secretary of Defense 

2 shall, not fewer than 15 days prior to making transfers 

3 to or from, or obligations from the Fund, notify the appro4 priate committees of Congress in writing of the details of 

5 any such transfer: Provided further, That the ‘‘appropriate 

6 committees of Congress’’ are the Committees on Armed 

7 Services, Foreign Relations and Appropriations of the 

8 Senate and the Committees on Armed Services, Foreign 

9 Affairs and Appropriations of the House of Representa10 tives: Provided further, That each amount in this para11 graph is designated as being for contingency operations 

12 directly related to the global war on terrorism pursuant 

13 to section 3(c)(2) of H. Res. 5 (112th Congress) and as 

14 an emergency requirement pursuant to section 403(a) of 

15 S. Con. Res. 13 (111th Congress), the concurrent resolu16 tion on the budget for fiscal year 2010. 

17 AFGHANISTAN SECURITY FORCES FUND

18 For the ‘‘Afghanistan Security Forces Fund’’, 

19 $11,619,283,000, to remain available until September 30, 

20 2012: Provided, That such funds shall be available to the 

21 Secretary of Defense, notwithstanding any other provision 

22 of law, for the purpose of allowing the Commander, Com23 bined Security Transition Command—Afghanistan, or the 

24 Secretary’s designee, to provide assistance, with the con25 currence of the Secretary of State, to the security forces 


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1 of Afghanistan, including the provision of equipment, sup2 plies, services, training, facility and infrastructure repair, 

3 renovation, and construction, and funding: Provided fur4 ther, That the authority to provide assistance under this 

5 heading is in addition to any other authority to provide 

6 assistance to foreign nations: Provided further, That up 

7 to $15,000,000 of these funds may be available for coali8 tion police trainer life support costs: Provided further, 

9 That contributions of funds for the purposes provided 

10 herein from any person, foreign government, or inter11 national organization may be credited to this Fund and 

12 used for such purposes: Provided further, That the Sec13 retary of Defense shall notify the congressional defense 

14 committees in writing upon the receipt and upon the obli15 gation of any contribution, delineating the sources and 

16 amounts of the funds received and the specific use of such 

17 contributions: Provided further, That the Secretary of De18 fense shall, not fewer than 15 days prior to obligating 

19 from this appropriation account, notify the congressional 

20 defense committees in writing of the details of any such 

21 obligation: Provided further, That the Secretary of Defense 

22 shall notify the congressional defense committees of any 

23 proposed new projects or transfer of funds between budget 

24 sub-activity groups in excess of $20,000,000: Provided fur25 ther, That each amount in this paragraph is designated 


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1 as being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 IRAQ SECURITY FORCES FUND

8 For the ‘‘Iraq Security Forces Fund’’, 

9 $1,500,000,000, to remain available until September 30, 

10 2012: Provided, That such funds shall be available to the 

11 Secretary of Defense, notwithstanding any other provision 

12 of law, for the purpose of allowing the Commander, United 

13 States Forces-Iraq, or the Secretary’s designee, to provide 

14 assistance, with the concurrence of the Secretary of State, 

15 to the security forces of Iraq, including the provision of 

16 equipment, supplies, services, training, facility and infra17 structure repair, and renovation: Provided further, That 

18 the authority to provide assistance under this heading is 

19 in addition to any other authority to provide assistance 

20 to foreign nations: Provided further, That contributions of 

21 funds for the purposes provided herein from any person, 

22 foreign government, or international organization may be 

23 credited to this Fund and used for such purposes: Pro24 vided further, That the Secretary shall notify the congres25 sional defense committees in writing upon the receipt and 


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1 upon the obligation of any contribution, delineating the 

2 sources and amounts of the funds received and the specific 

3 use of such contributions: Provided further, That the Sec4 retary of Defense shall, not fewer than 15 days prior to 

5 obligating from this appropriation account, notify the con6 gressional defense committees in writing of the details of 

7 any such obligation: Provided further, That the Secretary 

8 of Defense shall notify the congressional defense commit9 tees of any proposed new projects or transfer of funds be10 tween budget sub-activity groups in excess of 

11 $20,000,000: Provided further, That each amount in this 

12 paragraph is designated as being for contingency oper13 ations directly related to the global war on terrorism pur14 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 PROCUREMENT 

19 AIRCRAFT PROCUREMENT, ARMY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Army’’, $2,720,138,000, to remain available until Sep22 tember 30, 2013: Provided, That each amount in this 

23 paragraph is designated as being for contingency oper24 ations directly related to the global war on terrorism pur25 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 


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1 and as an emergency requirement pursuant to section 

2 403(a) of S. Con. Res. 13 (111th Congress), the concur3 rent resolution on the budget for fiscal year 2010. 

4 MISSILE PROCUREMENT, ARMY

5 For an additional amount for ‘‘Missile Procurement, 

6 Army’’, $343,828,000, to remain available until Sep7 tember 30, 2013: Provided, That each amount in this 

8 paragraph is designated as being for contingency oper9 ations directly related to the global war on terrorism pur10 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

11 and as an emergency requirement pursuant to section 

12 403(a) of S. Con. Res. 13 (111th Congress), the concur13 rent resolution on the budget for fiscal year 2010. 

14 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

15 VEHICLES, ARMY

16 For an additional amount for ‘‘Procurement of Weap17 ons and Tracked Combat Vehicles, Army’’, $896,996,000, 

18 to remain available until September 30, 2013: Provided, 

19 That each amount in this paragraph is designated as 

20 being for contingency operations directly related to the 

21 global war on terrorism pursuant to section 3(c)(2) of H. 

22 Res. 5 (112th Congress) and as an emergency requirement 

23 pursuant to section 403(a) of S. Con. Res. 13 (111th Con24 gress), the concurrent resolution on the budget for fiscal 

25 year 2010. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For an additional amount for ‘‘Procurement of Am3 munition, Army’’, $369,885,000, to remain available until 

4 September 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 OTHER PROCUREMENT, ARMY

12 For an additional amount for ‘‘Other Procurement, 

13 Army’’, $6,423,832,000, 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 AIRCRAFT PROCUREMENT, NAVY

22 For an additional amount for ‘‘Aircraft Procurement, 

23 Navy’’, $1,269,549,000, to remain available until Sep24 tember 30, 2013: Provided, That each amount in this 

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1 ations directly related to the global war on terrorism pur2 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

3 and as an emergency requirement pursuant to section 

4 403(a) of S. Con. Res. 13 (111th Congress), the concur5 rent resolution on the budget for fiscal year 2010. 

6 WEAPONS PROCUREMENT, NAVY

7 For an additional amount for ‘‘Weapons Procure8 ment, Navy’’, $90,502,000, to remain available until Sep9 tember 30, 2013: Provided, That each amount in this 

10 paragraph is designated as being for contingency oper11 ations directly related to the global war on terrorism pur12 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

13 and as an emergency requirement pursuant to section 

14 403(a) of S. Con. Res. 13 (111th Congress), the concur15 rent resolution on the budget for fiscal year 2010. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For an additional amount for ‘‘Procurement of Am19 munition, Navy and Marine Corps’’, $558,024,000, to re20 main available until September 30, 2013: Provided, That 

21 each amount in this paragraph is designated as being for 

22 contingency operations directly related to the global war 

23 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

24 (112th Congress) and as an emergency requirement pur25 suant to section 403(a) of S. Con. Res. 13 (111th ConVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 OTHER PROCUREMENT, NAVY

4 For an additional amount for ‘‘Other Procurement, 

5 Navy’’, $316,835,000, to remain available until September 

6 30, 2013: Provided, That each amount in this paragraph 

7 is designated as being for contingency operations directly 

8 related 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 PROCUREMENT, MARINE CORPS

14 For an additional amount for ‘‘Procurement, Marine 

15 Corps’’, $1,589,119,000, to remain available until Sep16 tember 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 AIRCRAFT PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Air Force’’, $1,991,955,000, to remain available until 


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1 September 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 MISSILE PROCUREMENT, AIR FORCE

9 For an additional amount for ‘‘Missile Procurement, 

10 Air Force’’, $56,621,000, to remain available until Sep11 tember 30, 2013: Provided, That each amount in this 

12 paragraph is designated as being for contingency oper13 ations directly related to the global war on terrorism pur14 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For an additional amount for ‘‘Procurement of Am20 munition, Air Force’’, $292,959,000, to remain available 

21 until September 30, 2013: Provided, That each amount 

22 in this paragraph is designated as being for contingency 

23 operations directly related to the global war on terrorism 

24 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 


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1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 OTHER PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Other Procurement, 

5 Air Force’’, $2,868,593,000, 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 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, De15 fense-Wide’’, $1,262,499,000, 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 NATIONAL GUARD AND RESERVE EQUIPMENT

24 For procurement of aircraft, missiles, tracked combat 

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1 ment for the reserve components of the Armed Forces, 

2 $850,000,000, to remain available for obligation until Sep3 tember 30, 2013, of which $250,000,000 shall be available 

4 only for the Army National Guard: Provided, That the 

5 Chiefs of National Guard and Reserve components shall, 

6 not later than 30 days after the enactment of this Act, 

7 individually submit to the congressional defense commit8 tees the modernization priority assessment for their re9 spective National Guard or Reserve component: Provided 

10 further, That each amount in this paragraph is designated 

11 as being for contingency operations directly related to the 

12 global war on terrorism pursuant to section 3(c)(2) of H. 

13 Res. 5 (112th Congress) and as an emergency requirement 

14 pursuant to section 403(a) of S. Con. Res. 13 (111th Con15 gress), the concurrent resolution on the budget for fiscal 

16 year 2010. 

17 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Mine Resistant Ambush Protected Vehicle 

20 Fund, $3,415,000,000, to remain available until Sep21 tember 30, 2012: Provided, That such funds shall be avail22 able to the Secretary of Defense, notwithstanding any 

23 other provision of law, to procure, sustain, transport, and 

24 field Mine Resistant Ambush Protected vehicles: Provided 

25 further, That the Secretary shall transfer such funds only 


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1 to appropriations made available in this or any other Act 

2 for operation and maintenance; procurement; research, de3 velopment, test and evaluation; and defense working cap4 ital funds to accomplish the purpose provided herein: Pro5 vided further, That such transferred funds shall be merged 

6 with and be available for the same purposes and the same 

7 time period as the appropriation to which transferred: 

8 Provided further, That this transfer authority is in addi9 tion to any other transfer authority available to the De10 partment of Defense: Provided further, That the Secretary 

11 shall, not fewer than 10 days prior to making transfers 

12 from this appropriation, notify the congressional defense 

13 committees in writing of the details of any such transfer: 

14 Provided further, That each amount in this paragraph is 

15 designated as being for contingency operations directly re16 lated to the global war on terrorism pursuant to section 

17 3(c)(2) of H. Res. 5 (112th Congress) and as an emer18 gency requirement pursuant to section 403(a) of S. Con. 

19 Res. 13 (111th Congress), the concurrent resolution on 

20 the budget for fiscal year 2010. 


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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $143,234,000, to re7 main available until September 30, 2012: Provided, That 

8 each amount in this paragraph is designated as being for 

9 contingency operations directly related to the global war 

10 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

11 (112th Congress) and as an emergency requirement pur12 suant to section 403(a) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $104,781,000, 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 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Air Force’’, $484,382,000, to 

7 remain available until September 30, 2012: Provided, 

8 That each amount in this paragraph is designated as 

9 being for contingency operations directly related to the 

10 global war on terrorism pursuant to section 3(c)(2) of H. 

11 Res. 5 (112th Congress) and as an emergency requirement 

12 pursuant to section 403(a) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 DEFENSE-WIDE

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Defense-Wide’’, 

19 $222,616,000, to remain available until September 30, 

20 2012: Provided, That each amount in this paragraph is 

21 designated as being for contingency operations directly re22 lated to the global war on terrorism pursuant to section 

23 3(c)(2) of H. Res. 5 (112th Congress) and as an emer24 gency requirement pursuant to section 403(a) of S. Con. 


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1 Res. 13 (111th Congress), the concurrent resolution on 

2 the budget for fiscal year 2010. 

3 REVOLVING AND MANAGEMENT FUNDS 

4 DEFENSE WORKING CAPITAL FUNDS

5 For an additional amount for ‘‘Defense Working 

6 Capital Funds’’, $485,384,000: Provided, That each 

7 amount in this paragraph is designated as being for con8 tingency operations directly related to the global war on 

9 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

10 Congress) and as an emergency requirement pursuant to 

11 section 403(a) of S. Con. Res. 13 (111th Congress), the 

12 concurrent resolution on the budget for fiscal year 2010. 

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

14 DEFENSE HEALTH PROGRAM

15 For an additional amount for ‘‘Defense Health Pro16 gram’’, $1,422,092,000, of which $1,398,092,000 shall be 

17 for operation and maintenance, to remain available until 

18 September 30, 2011, and of which $24,000,000 shall be 

19 for research, development, test and evaluation, to remain 

20 available until September 30, 2012: Provided, That each 

21 amount in this paragraph is designated as being for con22 tingency operations directly related to the global war on 

23 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

24 Congress) and as an emergency requirement pursuant to 


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1 section 403(a) of S. Con. Res. 13 (111th Congress), the 

2 concurrent resolution on the budget for fiscal year 2010. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 For an additional amount for ‘‘Drug Interdiction and 

6 Counter-Drug Activities, Defense’’, $440,510,000, to re7 main available until September 30, 2012: Provided, That 

8 each amount in this paragraph is designated as being for 

9 contingency operations directly related to the global war 

10 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

11 (112th Congress) and as an emergency requirement pur12 suant to section 403(a) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For the ‘‘Joint Improvised Explosive Device Defeat 

18 Fund’’, $2,793,768,000, to remain available until Sep19 tember 30, 2013: Provided, That such funds shall be avail20 able to the Secretary of Defense, notwithstanding any 

21 other provision of law, for the purpose of allowing the Di22 rector of the Joint Improvised Explosive Device Defeat 

23 Organization to investigate, develop and provide equip24 ment, supplies, services, training, facilities, personnel and 

25 funds to assist United States forces in the defeat of improVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 vised explosive devices: Provided further, That the Sec2 retary of Defense may transfer funds provided herein to 

3 appropriations for military personnel; operation and main4 tenance; procurement; research, development, test and 

5 evaluation; and defense working capital funds to accom6 plish the purpose provided herein: Provided further, That 

7 this transfer authority is in addition to any other transfer 

8 authority available to the Department of Defense: Pro9 vided further, That the Secretary of Defense shall, not 

10 fewer than 15 days prior to making transfers from this 

11 appropriation, notify the congressional defense committees 

12 in writing of the details of any such transfer: Provided 

13 further, That each amount in this paragraph is designated 

14 as being for contingency operations directly related to the 

15 global war on terrorism pursuant to section 3(c)(2) of H. 

16 Res. 5 (112th Congress) and as an emergency requirement 

17 pursuant to section 403(a) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal 

19 year 2010. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $10,529,000: Provided, That each 

23 amount in this paragraph is designated as being for con24 tingency operations directly related to the global war on 

25 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 


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1 Congress) and as an emergency requirement pursuant to 

2 section 403(a) of S. Con. Res. 13 (111th Congress), the 

3 concurrent resolution on the budget for fiscal year 2010. 

4 GENERAL PROVISIONS—THIS TITLE 

5 SEC. 9001. Notwithstanding any other provision of 

6 law, funds made available in this title are in addition to 

7 amounts appropriated or otherwise made available for the 

8 Department of Defense for fiscal year 2011. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 9002. Upon the determination of the Secretary 

11 of Defense that such action is necessary in the national 

12 interest, the Secretary may, with the approval of the Of13 fice of Management and Budget, transfer up to 

14 $4,000,000,000 between the appropriations or funds made 

15 available to the Department of Defense in this title: Pro16 vided, That the Secretary shall notify the Congress 

17 promptly of each transfer made pursuant to the authority 

18 in this section: Provided further, That the authority pro19 vided in this section is in addition to any other transfer 

20 authority available to the Department of Defense and is 

21 subject to the same terms and conditions as the authority 

22 provided in the Department of Defense Appropriations 

23 Act, 2011. 

24 SEC. 9003. Supervision and administration costs as25 sociated with a construction project funded with approVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 priations available for operation and maintenance or the 

2 ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

3 and executed in direct support of overseas contingency op4 erations in Afghanistan, may be obligated at the time a 

5 construction contract is awarded: Provided, That for the 

6 purpose of this section, supervision and administration 

7 costs include all in-house Government costs. 

8 SEC. 9004. From funds made available in this title, 

9 the Secretary of Defense may purchase for use by military 

10 and civilian employees of the Department of Defense in 

11 Iraq and Afghanistan: (a) passenger motor vehicles up to 

12 a limit of $75,000 per vehicle; and (b) heavy and light 

13 armored vehicles for the physical security of personnel or 

14 for force protection purposes up to a limit of $250,000 

15 per vehicle, notwithstanding price or other limitations ap16 plicable to the purchase of passenger carrying vehicles. 

17 SEC. 9005. Not to exceed $500,000,000 of the 

18 amount appropriated in this title under the heading ‘‘Op19 eration and Maintenance, Army’’ may be used, notwith20 standing any other provision of law, to fund the Com21 mander’s Emergency Response Program (CERP), for the 

22 purpose of enabling military commanders in Iraq and Af23 ghanistan to respond to urgent, small scale, humanitarian 

24 relief and reconstruction requirements within their areas 

25 of responsibility: Provided, That projects (including any 


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1 ancillary or related elements in connection with such 

2 project) executed under this authority shall not exceed 

3 $20,000,000: Provided further, That not later than 45 

4 days after the end of each fiscal year quarter, the Sec5 retary of Defense shall submit to the congressional defense 

6 committees a report regarding the source of funds and the 

7 allocation and use of funds during that quarter that were 

8 made available pursuant to the authority provided in this 

9 section or under any other provision of law for the pur10 poses described herein: Provided further, That, not later 

11 than 30 days after the end of each month, the Army shall 

12 submit to the congressional defense committees monthly 

13 commitment, obligation, and expenditure data for the 

14 Commander’s Emergency Response Program in Iraq and 

15 Afghanistan: Provided further, That not less than 15 days 

16 before making funds available pursuant to the authority 

17 provided in this section or under any other provision of 

18 law for the purposes described herein for a project with 

19 a total anticipated cost for completion of $5,000,000 or 

20 more, the Secretary shall submit to the congressional de21 fense committees a written notice containing each of the 

22 following: 

23 (1) The location, nature and purpose of the 

24 proposed project, including how the project is inVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 tended to advance the military campaign plan for 

2 the country in which it is to be carried out. 

3 (2) The budget, implementation timeline with 

4 milestones, and completion date for the proposed 

5 project, including any other CERP funding that has 

6 been or is anticipated to be contributed to the com7 pletion of the project. 

8 (3) A plan for the sustainment of the proposed 

9 project, including the agreement with either the host 

10 nation, a non-Department of Defense agency of the 

11 United States Government or a third party contrib12 utor to finance the sustainment of the activities and 

13 maintenance of any equipment or facilities to be pro14 vided through the proposed project. 

15 SEC. 9006. Funds available to the Department of De16 fense for operation and maintenance may be used, not17 withstanding any other provision of law, to provide sup18 plies, services, transportation, including airlift and sealift, 

19 and other logistical support to coalition forces supporting 

20 military and stability operations in Iraq and Afghanistan: 

21 Provided, That the Secretary of Defense shall provide 

22 quarterly reports to the congressional defense committees 

23 regarding support provided under this section. 

24 SEC. 9007. None of the funds appropriated or other25 wise made available by this or any other Act shall be obliVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 gated or expended by the United States Government for 

2 a purpose as follows: 

3 (1) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Iraq. 

6 (2) To exercise United States control over any 

7 oil resource of Iraq. 

8 (3) To establish any military installation or 

9 base for the purpose of providing for the permanent 

10 stationing of United States Armed Forces in Af11 ghanistan. 

12 SEC. 9008. None of the funds made available in this 

13 Act may be used in contravention of the following laws 

14 enacted or regulations promulgated to implement the 

15 United Nations Convention Against Torture and Other 

16 Cruel, Inhuman or Degrading Treatment or Punishment 

17 (done at New York on December 10, 1984): 

18 (1) Section 2340A of title 18, United States 

19 Code. 

20 (2) Section 2242 of the Foreign Affairs Reform 

21 and Restructuring Act of 1998 (division G of Public 

22 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

23 note) and regulations prescribed thereto, including 

24 regulations under part 208 of title 8, Code of FedVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 eral Regulations, and part 95 of title 22, Code of 

2 Federal Regulations. 

3 (3) Sections 1002 and 1003 of the Department 

4 of Defense, Emergency Supplemental Appropriations 

5 to Address Hurricanes in the Gulf of Mexico, and 

6 Pandemic Influenza Act, 2006 (Public Law 109– 

7 148). 

8 SEC. 9009. (a) The Secretary of Defense shall submit 

9 to the congressional defense committees not later than 45 

10 days after the end of each fiscal quarter a report on the 

11 proposed use of all funds appropriated by this or any prior 

12 Act under each of the headings Iraq Security Forces 

13 Fund, Afghanistan Security Forces Fund, Afghanistan In14 frastructure Fund, and Pakistan Counterinsurgency Fund 

15 on a project-by-project basis, for which the obligation of 

16 funds is anticipated during the 3-month period from such 

17 date, including estimates for the accounts referred to in 

18 this section of the costs required to complete each such 

19 project. 

20 (b) The report required by this subsection shall in21 clude the following: 

22 (1) The use of all funds on a project-by-project 

23 basis for which funds appropriated under the head24 ings referred to in subsection (a) were obligated 

25 prior to the submission of the report, including estiVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 mates for the accounts referred to in subsection (a) 

2 of the costs to complete each project. 

3 (2) The use of all funds on a project-by-project 

4 basis for which funds were appropriated under the 

5 headings referred to in subsection (a) in prior appro6 priations Acts, or for which funds were made avail7 able by transfer, reprogramming, or allocation from 

8 other headings in prior appropriations Acts, includ9 ing estimates for the accounts referred to in sub10 section (a) of the costs to complete each project. 

11 (3) An estimated total cost to train and equip 

12 the Iraq, Afghanistan, and Pakistan security forces, 

13 disaggregated by major program and sub-elements 

14 by force, arrayed by fiscal year. 

15 SEC. 9010. Funds made available in this title to the 

16 Department of Defense for operation and maintenance 

17 may be used to purchase items having an investment unit 

18 cost of not more than $250,000: Provided, That, upon de19 termination by the Secretary of Defense that such action 

20 is necessary to meet the operational requirements of a 

21 Commander of a Combatant Command engaged in contin22 gency operations overseas, such funds may be used to pur23 chase items having an investment item unit cost of not 

24 more than $500,000. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9011. Of the funds appropriated by this Act for 

3 the Office of the Director of National Intelligence, 

4 $3,375,000 is available, as specified in the classified 

5 annex, for transfer to other departments and agencies of 

6 the Federal Government. 

7 SEC. 9012. (a) The Task Force for Business and Sta8 bility Operations in Afghanistan may, subject to the direc9 tion and control of the Secretary of Defense and with the 

10 concurrence of the Secretary of State, carry out projects 

11 in fiscal year 2011 to assist the commander of the United 

12 States Central Command in developing a link between 

13 United States military operations in Afghanistan under 

14 Operation Enduring Freedom and the economic elements 

15 of United States national power in order to reduce vio16 lence, enhance stability, and restore economic normalcy in 

17 Afghanistan through strategic business and economic op18 portunities. 

19 (b) The projects carried out under paragraph (a) may 

20 include projects that facilitate private investment, indus21 trial development, banking and financial system develop22 ment, agricultural diversification and revitalization, and 

23 energy development in and with respect to Afghanistan. 

24 (c) The Secretary may use up to $150,000,000 of the 

25 funds available for overseas contingency operations in 


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1 ‘‘Operation and Maintenance, Army’’ for additional activi2 ties to carry out projects under paragraph (a). 

3 SEC. 9013. (a) Not more than 85 percent of the 

4 funds provided in this title for Operation and Maintenance 

5 may be available for obligation or expenditure until the 

6 date on which the Secretary of Defense submits the report 

7 under subsection (b). 

8 (b) Not later than 120 days after the date of the en9 actment of this Act, the Secretary of Defense shall submit 

10 to the congressional defense committees a report on con11 tractor employees in the United States Central Command, 

12 including— 

13 (1) the number of employees of a contractor 

14 awarded a contract by the Department of Defense 

15 (including subcontractor employees) who are em16 ployed at the time of the report in the area of oper17 ations of the United States Central Command, in18 cluding a list of the number of such employees in 

19 each of Iraq, Afghanistan, and all other areas of op20 erations of the United States Central Command; and 

21 (2) for each fiscal year quarter beginning on 

22 the date of the report and ending on September 30, 

23 2012— 

24 (A) the number of such employees planned 

25 by the Secretary to be employed during each 


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1 such period in each of Iraq, Afghanistan, and 

2 all other areas of operations of the United 

3 States Central Command; and 

4 (B) an explanation of how the number of 

5 such employees listed under subparagraph (A) 

6 relates to the planned number of military per7 sonnel in such locations. 

8 This division may be cited as the ‘‘Department of De9 fense Appropriations Act, 2011’’. 

10 DIVISION B—FULL-YEAR CONTINUING 

11 APPROPRIATIONS FOR FISCAL YEAR 2011 

12 The following sums are hereby appropriated, out of 

13 any money in the Treasury not otherwise appropriated, 

14 and out of applicable corporate or other revenues, receipts, 

15 and funds, for the several departments, agencies, corpora16 tions, and other organizational units of Government for 

17 fiscal year 2011, and for other purposes, namely: 

18 TITLE I—GENERAL PROVISIONS 

19 SEC. 1101. (a) Such amounts as may be necessary, 

20 at the level specified in subsection (c) and under the au21 thority and conditions provided in applicable appropria22 tions Acts for fiscal year 2010, for projects or activities 

23 (including the costs of direct loans and loan guarantees) 

24 that are not otherwise specifically provided for, and for 


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1 which appropriations, funds, or other authority were made 

2 available in the following appropriations Acts: 

3 (1) The Agriculture, Rural Development, Food 

4 and Drug Administration, and Related Agencies Ap5 propriations Act, 2010 (Public Law 111–80). 

6 (2) The Energy and Water Development and 

7 Related Agencies Appropriations Act, 2010 (Public 

8 Law 111–85). 

9 (3) The Department of Homeland Security Ap10 propriations Act, 2010 (Public Law 111–83). 

11 (4) The Department of the Interior, Environ12 ment, and Related Agencies Appropriations Act, 

13 2010 (division A of Public Law 111–88). 

14 (5) The Legislative Branch Appropriations Act, 

15 2010 (division A of Public Law 111–68). 

16 (6) The Consolidated Appropriations Act, 2010 

17 (Public Law 111–117). 

18 (7) Section 102(c) (except the last proviso re19 lating to waiver of fees) of chapter 1 of title I of the 

20 Supplemental Appropriations Act, 2010 (Public Law 

21 111–212) that addresses guaranteed loans in the 

22 rural housing insurance fund. 

23 (8) The appropriation under the heading ‘‘De24 partment of Commerce—United States Patent and 

25 Trademark Office’’ in the United States Patent and 


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1 Trademark Office Supplemental Appropriations Act, 

2 2010 (Public Law 111–224). 

3 (b) For purposes of this division, the term ‘‘level’’ 

4 means an amount. 

5 (c) The level referred to in subsection (a) shall be 

6 the amounts appropriated in the appropriations Acts re7 ferred to in such subsection, including transfers and obli8 gation limitations, except that— 

9 (1) such level shall not include any amount pre10 viously designated as an emergency requirement and 

11 necessary to meet emergency needs pursuant to sec12 tions 403(a) and 423(b) of S. Con. Res. 13 (111th 

13 Congress), the concurrent resolution on the budget 

14 for fiscal year 2010; and 

15 (2) such level shall be calculated without regard 

16 to any rescission or cancellation of funds or contract 

17 authority. 

18 SEC. 1102. Appropriations made by section 1101 

19 shall be available to the extent and in the manner that 

20 would be provided by the pertinent appropriations Act. 

21 SEC. 1103. Appropriations provided by this division 

22 that, in the applicable appropriations Act for fiscal year 

23 2010, carried a multiple-year or no-year period of avail24 ability shall retain a comparable period of availability. 


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1 SEC. 1104. Except as otherwise expressly provided in 

2 this division, the requirements, authorities, conditions, 

3 limitations, and other provisions of the appropriations 

4 Acts referred to in section 1101(a) shall continue in effect 

5 through the date specified in section 1106. 

6 SEC. 1105. No appropriation or funds made available 

7 or authority granted pursuant to section 1101 shall be 

8 used to initiate or resume any project or activity for which 

9 appropriations, funds, or other authority were specifically 

10 prohibited during fiscal year 2010. 

11 SEC. 1106. Unless otherwise provided for in this divi12 sion or in the applicable appropriations Act, appropria13 tions and funds made available and authority granted pur14 suant to this division shall be available through September 

15 30, 2011. 

16 SEC. 1107. Expenditures made pursuant to the Con17 tinuing Appropriations Act, 2011 (Public Law 111–242), 

18 shall be charged to the applicable appropriation, fund, or 

19 authorization provided by this division. 

20 SEC. 1108. Funds appropriated by this division may 

21 be obligated and expended notwithstanding section 10 of 

22 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

23 State Department Basic Authorities Act of 1956 (22 

24 U.S.C. 2680), section 313 of the Foreign Relations Au25 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 


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1 6212), and section 504(a)(1) of the National Security Act 

2 of 1947 (50 U.S.C. 414(a)(1)). 

3 SEC. 1109. (a) For entitlements and other mandatory 

4 payments whose budget authority was provided in appro5 priations Acts for fiscal year 2010, and for activities under 

6 the Food and Nutrition Act of 2008, the levels established 

7 by section 1101 shall be the amounts necessary to main8 tain program levels under current law and under the au9 thority and conditions provided in the applicable appro10 priations Acts for fiscal year 2010. 

11 (b) In addition to the amounts otherwise provided by 

12 section 1101, the following amounts shall be available for 

13 the following accounts for advance payments for the first 

14 quarter of fiscal year 2012: 

15 (1) ‘‘Department of Labor, Employment Stand16 ards Administration, Special Benefits for Disabled 

17 Coal Miners’’, for benefit payments under title IV of 

18 the Federal Mine Safety and Health Act of 1977, 

19 $41,000,000, to remain available until expended. 

20 (2) ‘‘Department of Health and Human Serv21 ices, Centers for Medicare and Medicaid Services, 

22 Grants to States for Medicaid’’, for payments to 

23 States or in the case of section 1928 on behalf of 

24 States under title XIX of the Social Security Act, 


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1 $86,445,289,000, to remain available until ex2 pended. 

3 (3) ‘‘Department of Health and Human Serv4 ices, Administration for Children and Families, Pay5 ments to States for Child Support Enforcement and 

6 Family Support Programs’’, for payments to States 

7 or other non-Federal entities under titles I, IV–D, 

8 X, XI, XIV, and XVI of the Social Security Act and 

9 the Act of July 5, 1960 (24 U.S.C. ch. 9), 

10 $1,200,000,000, to remain available until expended. 

11 (4) ‘‘Department of Health and Human Serv12 ices, Administration for Children and Families, Pay13 ments to States for Foster Care and Permanency’’, 

14 for payments to States or other non-Federal entities 

15 under title IV–E of the Social Security Act, 

16 $1,850,000,000. 

17 (5) ‘‘Social Security Administration, Supple18 mental Security Income Program’’, for benefit pay19 ments under title XVI of the Social Security Act, 

20 $13,400,000,000, to remain available until ex21 pended. 

22 SEC. 1110. Amounts incorporated by reference in this 

23 division that were previously designated as available for 

24 overseas deployments and other activities pursuant to S. 

25 Con. Res. 13 (111th Congress), the concurrent resolution 


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1 on the budget for fiscal year 2010, are designated as being 

2 for contingency operations directly related to the global 

3 war on terrorism pursuant to section 3(c)(2) of H. Res. 

4 5 (112th Congress) and as an emergency requirement pur5 suant to section 403(a) of S. Con. Res. 13 (111th Con6 gress). 

7 SEC. 1111. Any language specifying an earmark in 

8 an appropriations Act for fiscal year 2010, or in a com9 mittee report or joint explanatory statement accom10 panying such an Act, shall have no legal effect with re11 spect to funds appropriated by this division. For purposes 

12 of this section, the term ‘‘earmark’’ means a congressional 

13 earmark or congressionally directed spending item, as de14 fined in clause 9(e) of rule XXI of the Rules of the House 

15 of Representatives and paragraph 5(a) of rule XLIV of 

16 the Standing Rules of the Senate. 

17 SEC. 1112. Notwithstanding section 1101, none of 

18 the funds appropriated or otherwise made available in this 

19 division or any other Act (including division A of this Act) 

20 may be used to transfer, release, or assist in the transfer 

21 or release to or within the United States, its territories, 

22 or possessions Khalid Sheikh Mohammed or any other de23 tainee who— 

24 (1) is not a United States citizen or a member 

25 of the Armed Forces of the United States; and 


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1 (2) is or was held on or after June 24, 2009, 

2 at the United States Naval Station, Guantanamo 

3 Bay, Cuba, by the Department of Defense. 

4 SEC. 1113. (a)(1) Notwithstanding section 1101, ex5 cept as provided in paragraph (2), none of the funds ap6 propriated or otherwise made available in this division or 

7 any other Act (including division A of this Act) may be 

8 used to transfer any individual detained at Guantanamo 

9 to the custody or effective control of the individual’s coun10 try of origin, any other foreign country, or any other for11 eign entity unless the Secretary of Defense submits to 

12 Congress the certification described in subsection (b) by 

13 not later than 30 days before the transfer of the indi14 vidual. 

15 (2) Paragraph (1) shall not apply to any action taken 

16 by the Secretary of Defense to transfer any individual de17 tained at Guantanamo to effectuate an order affecting the 

18 disposition of the individual that is issued by a court or 

19 competent tribunal of the United States having lawful ju20 risdiction. The Secretary of Defense shall notify Congress 

21 promptly upon issuance of any such order. 

22 (b) The certification described in this subsection is 

23 a written certification made by the Secretary of Defense, 

24 with the concurrence of the Secretary of State, that the 

25 government of the foreign country or the recognized leadVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 ership of the foreign entity to which the individual de2 tained at Guantanamo is to be transferred— 

3 (1) is not a designated state sponsor of ter4 rorism or a designated foreign terrorist organization; 

5 (2) maintains effective control over each deten6 tion facility in which an individual is to be detained 

7 if the individual is to be housed in a detention facil8 ity; 

9 (3) is not, as of the date of the certification, 

10 facing a threat that is likely to substantially affect 

11 its ability to exercise control over the individual; 

12 (4) has agreed to take effective steps to ensure 

13 that the individual cannot take action to threaten 

14 the United States, its citizens, or its allies in the fu15 ture; 

16 (5) has taken such steps as the Secretary deter17 mines are necessary to ensure that the individual 

18 cannot engage or re-engage in any terrorist activity; 

19 and 

20 (6) has agreed to share any information with 

21 the United States that— 

22 (A) is related to the individual or any asso23 ciates of the individual; and 

24 (B) could affect the security of the United 

25 States, its citizens, or its allies. 


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1 (c)(1) Except as provided in paragraph (3), none of 

2 the funds appropriated or otherwise made available in this 

3 division or any other Act (including division A of this Act) 

4 may be used to transfer any individual detained at Guan5 tanamo to the custody or effective control of the individ6 ual’s country of origin, any other foreign country, or any 

7 other foreign entity if there is a confirmed case of any 

8 individual who was detained at United States Naval Sta9 tion, Guantanamo Bay, Cuba, at any time after September 

10 11, 2001, who was transferred to the foreign country or 

11 entity and subsequently engaged in any terrorist activity. 

12 (2) The Secretary of Defense may waive the prohibi13 tion in paragraph (1) if the Secretary determines that 

14 such a transfer is in the national security interests of the 

15 United States and includes, as part of the certification de16 scribed in subsection (b) relating to such transfer, the de17 termination of the Secretary under this paragraph. 

18 (3) Paragraph (1) shall not apply to any action taken 

19 by the Secretary to transfer any individual detained at 

20 Guantanamo to effectuate an order affecting the disposi21 tion of the individual that is issued by a court or com22 petent tribunal of the United States having lawful jurisdic23 tion. The Secretary shall notify Congress promptly upon 

24 issuance of any such order. 

25 (d) For the purposes of this section: 


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1 (1) The term ‘‘individual detained at Guanta2 namo’’ means any individual who is located at 

3 United States Naval Station, Guantanamo Bay, 

4 Cuba, as of October 1, 2009, who— 

5 (A) is not a citizen of the United States or 

6 a member of the Armed Forces of the United 

7 States; and 

8 (B) is— 

9 (i) in the custody or under the effec10 tive control of the Department of Defense; 

11 or 

12 (ii) otherwise under detention at 

13 United States Naval Station, Guantanamo 

14 Bay, Cuba. 

15 (2) The term ‘‘foreign terrorist organization’’ 

16 means any organization so designated by the Sec17 retary of State under section 219 of the Immigra18 tion and Nationality Act (8 U.S.C. 1189). 

19 SEC. 1114. (a) Notwithstanding section 1101, none 

20 of the funds appropriated or otherwise made available by 

21 this division or any other Act (including division A of this 

22 Act) may be used to construct or modify any facility in 

23 the United States, its territories, or possessions to house 

24 any individual described in subsection (c) for the purposes 


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1 of detention or imprisonment in the custody or under the 

2 effective control of the Department of Defense. 

3 (b) The prohibition in subsection (a) shall not apply 

4 to any modification of facilities at United States Naval 

5 Station, Guantanamo Bay, Cuba. 

6 (c) An individual described in this subsection is any 

7 individual who, as of June 24, 2009, is located at United 

8 States Naval Station, Guantanamo Bay, Cuba, and who— 

9 (1) is not a citizen of the United States or a 

10 member of the Armed Forces of the United States; 

11 and 

12 (2) is— 

13 (A) in the custody or under the effective 

14 control of the Department of Defense; or 

15 (B) otherwise under detention at United 

16 States Naval Station, Guantanamo Bay, Cuba. 

17 SEC. 1115. None of the funds appropriated or other18 wise made available by this division or any other Act (in19 cluding division A of this Act) may be obligated by any 

20 covered executive agency in contravention of the certifi21 cation requirement of section 6(b) of the Iran Sanctions 

22 Act of 1996, as included in the revisions to the Federal 

23 Acquisition Regulation pursuant to such section. 

24 SEC. 1116. Section 550(b) of Public Law 109–295, 

25 as amended by section 550 of Public Law 111–83, shall 


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1 be applied by substituting the date specified in section 

2 1106 of this division for ‘‘October 4, 2010’’. 

3 SEC. 1117. Section 1(b)(2) of the Passport Act of 

4 June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 

5 substituting the date specified in section 1106 of this divi6 sion for ‘‘September 30, 2010’’. 

7 SEC. 1118. (a) Section 1115(d) of Public Law 111– 

8 32 shall be applied by substituting the date specified in 

9 section 1106 of this division for ‘‘October 1, 2010’’. 

10 (b) Section 824(g) of the Foreign Service Act of 1980 

11 (22 U.S.C. 4064(g)) shall be applied by substituting the 

12 date specified in section 1106 of this division for ‘‘October 

13 1, 2010’’ in paragraph (2). 

14 (c) Section 61(a) of the State Department Basic Au15 thorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied 

16 by substituting the date specified in section 1106 of this 

17 division for ‘‘October 1, 2010’’ in paragraph (2). 

18 (d) Section 625(j)(1) of the Foreign Assistance Act 

19 of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by sub20 stituting the date specified in section 1106 of this division 

21 for ‘‘October 1, 2010’’ in subparagraph (B). 

22 SEC. 1119. The authority provided by section 1334 

23 of the Foreign Affairs Reform and Restructuring Act of 

24 1998 (22 U.S.C. 6553) shall remain in effect through the 

25 date specified in section 1106 of this division. 


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1 SEC. 1120. The provisions of title II of the McKin2 ney-Vento Homeless Assistance Act (42 U.S.C. 11311 et 

3 seq.) shall continue in effect, notwithstanding section 209 

4 of such Act, through the earlier of: (1) the date specified 

5 in section 1106 of this division; or (2) the date of the en6 actment into law of an authorization Act relating to the 

7 McKinney-Vento Homeless Assistance Act. 

8 TITLE II—AGRICULTURE, RURAL DEVELOP9 MENT, FOOD AND DRUG ADMINISTRATION, 

10 AND RELATED AGENCIES 

11 SEC. 1201. Notwithstanding section 1101, the level 

12 for ‘‘Agricultural Programs, Office of the Secretary’’ shall 

13 be $5,061,000. 

14 SEC. 1202. Notwithstanding section 1101, the level 

15 for ‘‘Agricultural Programs, Office of Tribal Relations’’ 

16 shall be $0. 

17 SEC. 1203. Notwithstanding section 1101, the level 

18 for ‘‘Agricultural Programs, Executive Operations, Office 

19 of Chief Economist’’ shall be $10,032,000. 

20 SEC. 1204. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Executive Operations, Na22 tional Appeals Division’’ shall be $14,711,000. 

23 SEC. 1205. Notwithstanding section 1101, the level 

24 for ‘‘Agricultural Programs, Executive Operations, Office 

25 of Budget and Program Analysis’’ shall be $9,054,000. 


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1 SEC. 1206. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Office of Advocacy and Out3 reach’’ shall be $0. 

4 SEC. 1207. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of the Chief Informa6 tion Officer’’ shall be $17,000,000. 

7 SEC. 1208. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of the Chief Financial 

9 Officer’’ shall be $5,954,000. 

10 SEC. 1209. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Office of Civil Rights’’ shall 

12 be $21,551,000. 

13 SEC. 1210. Notwithstanding section 1101, the level 

14 for ‘‘Agricultural Programs, Agriculture Buildings and 

15 Facilities and Rental Payments’’ shall be $259,751,000, 

16 of which $178,470,000 shall be available for payments to 

17 the General Services Administration for rent and of which 

18 $37,781,000 shall be for buildings operations and mainte19 nance expenses. 

20 SEC. 1211. Notwithstanding section 1101, the level 

21 for ‘‘Agricultural Programs, Hazardous Materials Man22 agement’’ shall be $0. 

23 SEC. 1212. Notwithstanding section 1101, the level 

24 for ‘‘Agricultural Programs, Departmental Administra25 tion’’ shall be $30,706,000. 


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1 SEC. 1213. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Office of the Assistant Sec3 retary for Congressional Relations’’ shall be $3,877,000. 

4 SEC. 1214. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, Office of Communications’’ 

6 shall be $9,514,000. 

7 SEC. 1215. Notwithstanding section 1101, the level 

8 for ‘‘Agricultural Programs, Office of the Inspector Gen9 eral’’ shall be $80,000,000. 

10 SEC. 1216. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Office of the General Coun12 sel’’ shall be $39,620,000. 

13 SEC. 1217. Notwithstanding section 1101, the level 

14 for ‘‘Agricultural Programs, Economic Research Service’’ 

15 shall be $79,500,000. 

16 SEC. 1218. Notwithstanding section 1101, the level 

17 for ‘‘Agricultural Programs, National Agricultural Statis18 tics Service’’ shall be $151,565,000: Provided, That the 

19 amounts included under such heading in Public Law 111– 

20 80 shall be applied to funds appropriated by this division 

21 by substituting ‘‘$33,494,000’’ for ‘‘$37,908,000’’. 

22 SEC. 1219. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, Agricultural Research Serv24 ice, Salaries and Expenses’’ shall be $1,065,406,000. 


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1 SEC. 1220. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Agricultural Research Serv3 ice, Buildings and Facilities’’ shall be $0. 

4 SEC. 1221. Notwithstanding section 1101, the level 

5 for ‘‘Agricultural Programs, National Institute of Food 

6 and Agriculture, Research and Education Activities’’ shall 

7 be $647,993,000: Provided, That the amounts included 

8 under such heading in Public Law 111–80 shall be applied 

9 to funds appropriated by this division as follows: by sub10 stituting ‘‘$221,763,000’’ for ‘‘$215,000,000’’; by sub11 stituting ‘‘$34,816,000’’ for ‘‘$29,000,000’’; by sub12 stituting ‘‘$51,000,000’’ for ‘‘$48,500,000’’; by sub13 stituting ‘‘$227,801,000’’ for ‘‘$216,482,000’’; by sub14 stituting ‘‘$0’’ for ‘‘$89,029,000’’; by substituting 

15 ‘‘$20,500,000’’ for ‘‘$18,250,000’’; and by substituting 

16 ‘‘$11,253,000’’ for ‘‘$45,122,000’’. 

17 SEC. 1222. Notwithstanding section 1101, the level 

18 for ‘‘Agricultural Programs, National Institute of Food 

19 and Agriculture, Extension Activities’’ shall be 

20 $453,265,000: Provided, That the amounts included under 

21 such heading in Public Law 111–80 shall be applied to 

22 funds appropriated by this division as follows: by sub23 stituting ‘‘$267,673,000’’ for ‘‘$297,500,000’’ and by sub24 stituting ‘‘$8,565,000’’ for ‘‘$20,396,000’’. 


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1 SEC. 1223. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, National Institute of Food 

3 and Agriculture, Integrated Activities’’ shall be 

4 $24,874,000: Provided, That the amounts included under 

5 such heading in Public Law 111–80 shall be applied to 

6 funds appropriated by this division as follows: by sub7 stituting ‘‘$15,044,000’’ for ‘‘$45,148,000’’; by sub8 stituting ‘‘$10,948,000’’ for ‘‘$12,649,000’’; by sub9 stituting ‘‘$0’’ for ‘‘$14,596,000’’; by substituting ‘‘$0’’ 

10 for ‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; 

11 by substituting ‘‘$0’’ for ‘‘$3,054,000’’; by substituting 

12 ‘‘$0’’ for ‘‘$5,000,000’’; by substituting ‘‘$0’’ for 

13 ‘‘$3,000,000’’; by substituting ‘‘$0’’ for ‘‘$732,000’’; and 

14 by substituting ‘‘$0’’ for ‘‘$1,312,000’’. 

15 SEC. 1224. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Animal and Plant Health In17 spection Service, Salaries and Expenses’’ shall be 

18 $829,953,000: Provided, That the amounts included under 

19 such heading in Public Law 111–80 shall be applied to 

20 funds appropriated by this division by substituting 

21 ‘‘$45,219,000’’ for ‘‘$60,243,000’’. 

22 SEC. 1225. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, Agricultural Marketing Serv24 ice, Marketing Services’’ shall be $81,711,000. 


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1 SEC. 1226. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Agricultural Marketing Serv3 ice, Limitation on Administrative Expenses’’ shall be 

4 $60,947,000 (from fees collected). 

5 SEC. 1227. The amounts included under the heading 

6 ‘‘Agricultural Programs, Agricultural Marketing Service, 

7 Funds for Strengthening Markets, Income, and Supply 

8 (Section 32)’’ in Public Law 111–80 shall be applied to 

9 funds appropriated by this division by substituting ‘‘$0’’ 

10 for ‘‘$10,000,000’’. 

11 SEC. 1228. Notwithstanding section 1101, the level 

12 for ‘‘Agricultural Programs, Grain Inspection, Packers 

13 and Stockyards Administration, Salaries and Expenses’’ 

14 shall be $40,342,000. 

15 SEC. 1229. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, Grain Inspection, Packers 

17 and Stockyards Administration, Limitation on Inspection 

18 and Weighing Services Expenses’’, $45,041,000. 

19 SEC. 1230. Notwithstanding section 1101, the level 

20 for ‘‘Agricultural Programs, Food Safety and Inspection 

21 Service’’ shall be $930,120,000. 

22 SEC. 1231. Notwithstanding section 1101, the level 

23 for ‘‘Agricultural Programs, Farm Service Agency, Sala24 ries and Expenses’’ shall be $1,063,558,000. 


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1 SEC. 1232. Notwithstanding section 1101, the level 

2 for ‘‘Agricultural Programs, Farm Service Agency, Grass3 roots Source Water Protection Program’’ shall be 

4 $4,630,000. 

5 SEC. 1233. The amounts included under the heading 

6 ‘‘Agricultural Programs, Farm Service Agency, Agricul7 tural Credit Insurance Fund Program Account’’ in Public 

8 Law 111–80 shall be applied to funds appropriated by this 

9 division as follows: by substituting ‘‘$1,975,000,000’’ for 

10 ‘‘$2,150,000,000’’; by substituting ‘‘$475,000,000’’ for 

11 ‘‘$650,000,000’’; by substituting ‘‘$2,544,035,000’’ for 

12 ‘‘$2,670,000,000’’, by substituting ‘‘$900,000,000’’ for 

13 ‘‘$1,000,000,000’’; by substituting ‘‘$144,035,000’’ for 

14 ‘‘$170,000,000’’; by substituting ‘‘$0’’ for ‘‘$3,940,000’’; 

15 by substituting ‘‘$110,602,000’’ for ‘‘$150,000,000’’; by 

16 substituting ‘‘$0’’ for ‘‘$75,000,000’’ the first and second 

17 place it appears; by substituting ‘‘$0’’ for ‘‘$10,000,000’’; 

18 by substituting ‘‘$38,570,000’’ for ‘‘$32,070,000’’; by 

19 substituting ‘‘$32,870,000’’ for ‘‘$26,520,000’’; by sub20 stituting ‘‘$109,410,000’’ for ‘‘$106,402,000’’; by sub21 stituting ‘‘$34,950,000’’ for ‘‘$35,100,000’’; by sub22 stituting ‘‘$19,920,000’’ for ‘‘$23,902,000’’; by sub23 stituting ‘‘$54,540,000’’ for ‘‘$47,400,000’’; by sub24 stituting ‘‘$0’’ for ‘‘$1,065,000’’; by substituting ‘‘$0’’ for 

25 ‘‘$278,000’’; by substituting ‘‘$0’’ for ‘‘$793,000’’; by 


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1 substituting ‘‘$318,508,000’’ for ‘‘$321,093,000’’, and by 

2 substituting ‘‘$305,588,000’’ for ‘‘$313,173,000’’. Funds 

3 appropriated by this division to such heading for farm 

4 ownership, operating and conservation direct loans, and 

5 guaranteed loans may be transferred among these pro6 grams: Provided, That the Secretary of Agriculture shall 

7 notify the Committees on Appropriations of the House of 

8 Representatives and the Senate at least 15 days in ad9 vance of any transfer. 

10 SEC. 1234. Notwithstanding section 1101, the level 

11 for ‘‘Agricultural Programs, Risk Management Agency’’ 

12 shall be $77,177,000. 

13 SEC. 1235. Notwithstanding section 1101, the level 

14 for ‘‘Conservation Programs, Natural Resources Con15 servation Service, Conservation Operations’’ shall be 

16 $836,000,000. 

17 SEC. 1236. Notwithstanding section 1101, the level 

18 for ‘‘Conservation Programs, Natural Resources Con19 servation Service, Watershed and Flood Prevention Oper20 ations’’ shall be $0. 

21 SEC. 1237. Notwithstanding section 1101, the level 

22 for ‘‘Conservation Programs, Natural Resources Con23 servation Service, Watershed Rehabilitation Program’’ 

24 shall be $20,000,000. 


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1 SEC. 1238. Notwithstanding section 1101, the level 

2 for ‘‘Conservation Programs, Natural Resources Con3 servation Service, Resource Conservation and Develop4 ment’’ shall be $0. 

5 SEC. 1239. Notwithstanding section 1101, the level 

6 for ‘‘Rural Development Programs, Rural Development 

7 Salaries and Expenses’’ shall be $181,987,000. 

8 SEC. 1240. The amounts included under the heading 

9 ‘‘Rural Development Programs, Rural Housing Service, 

10 Rural Housing Insurance Fund Program Account’’ in 

11 Public Law 111–80 for gross obligations for the principal 

12 amount of direct and guaranteed loans as authorized by 

13 title V of the Housing Act of 1949 shall be applied to 

14 funds appropriated by this division by substituting 

15 ‘‘$34,004,000’’ for ‘‘$34,412,000’’ and by substituting, 

16 ‘‘$5,052,000’’ for ‘‘$5,045,000’’. 

17 SEC. 1241. Notwithstanding section 1101, the level 

18 for ‘‘Rural Development Programs, Rural Housing Serv19 ice, Rural Housing Insurance Fund Program Account’’ for 

20 the cost of direct and guaranteed loans, including the cost 

21 of modifying loans, authorized by section 502 of the Hous22 ing Act of 1949 shall be $70,200,000: Provided, That the 

23 amounts included for such costs under such heading in 

24 Public Law 111–80 shall be applied to funds appropriated 

25 by this division by substituting ‘‘$70,200,000’’ for 


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1 ‘‘$40,710,000’’ in the case of direct loans and by sub2 stituting ‘‘$0’’ for ‘‘$172,800,000’’ in the case of unsub3 sidized guaranteed loans. 

4 SEC. 1242. Notwithstanding section 1101, the level 

5 for ‘‘Rural Development Programs, Rural Housing Serv6 ice, Rural Housing Insurance Fund Program Account’’ for 

7 the cost of housing repair loans authorized by section 504 

8 of the Housing Act of 1949 shall be $6,437,000. 

9 SEC. 1243. Notwithstanding section 1101, the level 

10 for ‘‘Rural Development Programs, Rural Housing Serv11 ice, Rural Housing Insurance Fund Program Account’’ for 

12 the cost of repair, rehabilitation, and new construction of 

13 rental housing authorized by section 515 of the Housing 

14 Act of 1949 shall be $23,446,000. 

15 SEC. 1244. Notwithstanding section 1101, the level 

16 for ‘‘Rural Development Programs, Rural Housing Serv17 ice, Rural Housing Insurance Fund Program Account’’ for 

18 the cost of multi-family housing guaranteed loans author19 ized by section 538 of the Housing Act of 1949 shall be 

20 $12,513,000. 

21 SEC. 1245. In addition to amounts otherwise appro22 priated or made available by this division, there is appro23 priated to the Secretary of Agriculture $288,000 for sec24 tion 523 self-help housing land development loans author25 ized by section 523 of the Housing Act of 1949 and 


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1 $294,000 for site development loans authorized by section 

2 524 of such Act. 

3 SEC. 1246. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development Programs, Rural Housing Serv5 ice, Rural Housing Insurance Fund Program Account’’ for 

6 administrative expenses necessary to carry out the direct 

7 and guaranteed loan programs shall be $454,383,000. 

8 SEC. 1247. Notwithstanding section 1101, the level 

9 for ‘‘Rural Development Programs, Rural Housing Serv10 ice, Rental Assistance Program’’ shall be $955,635,000: 

11 Provided, That the amounts included under such heading 

12 in Public Law 111–80 shall be applied to funds appro13 priated by this division by substituting ‘‘$0’’ for 

14 ‘‘$5,958,000’’; by substituting ‘‘$0’’ for ‘‘$50,000’’; and 

15 by substituting ‘‘$3,000,000’’ for ‘‘$3,400,000’’. 

16 SEC. 1248. Notwithstanding section 1101, the level 

17 for ‘‘Rural Development Programs, Rural Housing Serv18 ice, Multi-Family Housing Revitalization Program Ac19 count’’ shall be $16,400,000: Provided, That only the 

20 first, second, and fourth provisos under such heading in 

21 Public Law 111–80, relating to rural housing vouchers to 

22 low-income households, shall apply to funds appropriated 

23 by this division and the third, fifth, and subsequent pro24 visos under such heading shall not apply to funds appro25 priated by this division. 


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1 SEC. 1249. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Housing Serv3 ice, Mutual and Self-Help Housing Grants’’ shall be 

4 $37,000,000. 

5 SEC. 1250. Notwithstanding section 1101, the level 

6 for ‘‘Rural Development Programs, Rural Housing Serv7 ice, Rural Housing Assistance Grants’’ shall be 

8 $40,400,000. 

9 SEC. 1251. Notwithstanding section 1101, the level 

10 for ‘‘Rural Development Programs, Rural Housing Serv11 ice, Rural Community Facilities Program Account’’ shall 

12 be $32,450,000: Provided, That the amounts included 

13 under such heading in Public Law 111–80 shall be applied 

14 to funds appropriated by this division as follows: by sub15 stituting, ‘‘$0’’ for ‘‘$6,256,000’’; by substituting ‘‘$0’’ for 

16 ‘‘$13,902,000’’; and by substituting, ‘‘$0’’ for 

17 ‘‘$3,972,000’’. 

18 SEC. 1252. Notwithstanding section 1101, the level 

19 for ‘‘Rural Development Programs, Rural Business–Coop20 erative Service, Rural Business Program Account’’ shall 

21 be $84,505,000: Provided, That the amounts included 

22 under such heading in Public Law 111–80 shall be applied 

23 to funds appropriated by this division as follows: by sub24 stituting, ‘‘$0’’ for ‘‘$500,000’’; and by substituting, ‘‘$0’’ 

25 for ‘‘$250,000’’. 


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1 SEC. 1253. Notwithstanding section 1101, the level 

2 for ‘‘Rural Development Programs, Rural Business–Coop3 erative Service, Rural Development Loan Fund Program 

4 Account’’ for the principal amount of direct loans as au5 thorized by Rural Development Loan Fund shall be 

6 $21,936,000. 

7 SEC. 1254. Notwithstanding section 1101, in connec8 tion with the ‘‘Rural Development Programs, Rural Busi9 ness–Cooperative Service, Rural Economic Development 

10 Loans Program Account’’, of the funds derived from inter11 est on the cushion of credit payments, as authorized by 

12 section 313 of the Rural Electrification Act of 1936, 

13 $207,000,000 shall not be obligated and $207,000,000 is 

14 rescinded. 

15 SEC. 1255. Notwithstanding section 1101, the level 

16 for ‘‘Rural Development Programs, Rural Business–Coop17 erative Service, Rural Cooperative Development Grants’’ 

18 shall be $30,254,000: Provided, That the amounts in19 cluded under such heading in Public Law 111–80 shall 

20 be applied to funds appropriated by this division as fol21 lows: by substituting ‘‘$0’’ for ‘‘$300,000’’; by sub22 stituting ‘‘$0’’ for ‘‘$2,800,000’’; and by substituting 

23 ‘‘$18,867,000’’ for ‘‘$20,367,000’’. 

24 SEC. 1256. Notwithstanding section 1101, the level 

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1 erative Service, Rural Microenterprise Investment Pro2 gram Account’’ shall be $3,350,000. 

3 SEC. 1257. Notwithstanding section 1101, the level 

4 for ‘‘Rural Development Programs, Rural Business–Coop5 erative Service, Rural Energy for America Program’’ shall 

6 be $25,010,000. 

7 SEC. 1258. Notwithstanding section 1101, the level 

8 for ‘‘Rural Development Programs, Rural Utilities Serv9 ice, Rural Water and Waste Disposal Program Account’’ 

10 shall be $405,564,000: Provided, That the amounts in11 cluded under such heading in Public Law 111–80 shall 

12 be applied to funds appropriated by this division as fol13 lows: by substituting, ‘‘$60,000,000’’ for ‘‘$70,00,000’’; 

14 by substituting ‘‘$5,000,000’’ for ‘‘$6,000,000’’; and by 

15 substituting, ‘‘$0’’ for ‘‘$17,500,000’’. 

16 SEC. 1259. Notwithstanding section 1101, the level 

17 for ‘‘Rural Development Programs, Rural Utilities Serv18 ice, Rural Electrification and Telecommunications Loans 

19 Program Account’’ for administrative expenses necessary 

20 to carry out the direct and guaranteed loan programs shall 

21 be $38,374,000. 

22 SEC. 1260. Notwithstanding section 1101, the level 

23 for ‘‘Rural Development Programs, Rural Utilities Serv24 ice, Distance Learning, Telemedicine, and Broadband 

25 Program’’ shall be $30,000,000: Provided, That the 


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1 amounts included under such heading in Public Law 111– 

2 80 shall be applied to funds appropriated by this division 

3 as follows: by substituting, ‘‘$0’’ for ‘‘$4,500,000’’; by 

4 substituting, ‘‘$0’’ for ‘‘$28,960,000’’; and by sub5 stituting, ‘‘$13,406,000’’ for ‘‘$17,976,000’’. 

6 SEC. 1261. The amounts included under the heading 

7 ‘‘Domestic Food Programs, Food and Nutrition Service, 

8 Child Nutrition Programs’’ in Public Law 111–80 shall 

9 be applied to funds appropriated by this division by sub10 stituting ‘‘$0’’ for ‘‘$1,000,000’’ and by substituting ‘‘$0’’ 

11 for ‘‘$5,000,000’’. 

12 SEC. 1262. Notwithstanding section 1101, the level 

13 for ‘‘Domestic Food Programs, Food and Nutrition Serv14 ice, Special Supplemental Nutrition Program for Women, 

15 Infants, and Children (WIC)’’ shall be $6,504,781,000. 

16 SEC. 1263. Notwithstanding section 1101, the level 

17 for ‘‘Domestic Food Programs, Food and Nutrition Serv18 ice, Commodity Assistance Program’’, shall be 

19 $241,979,000, of which $151,409,000 shall be for the 

20 Commodity Supplemental Food Program: Provided, That 

21 the amounts included under such heading in Public Law 

22 111–80 shall be applied to funds appropriated by this divi23 sion by substituting ‘‘$0’’ for ‘‘$6,000,000’’. 

24 SEC. 1264. Notwithstanding section 1101, the level 

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1 ice, Nutrition Programs Administration’’ shall be 

2 $144,801,000. 

3 SEC. 1265. Notwithstanding section 1101, the level 

4 for ‘‘Foreign Assistance and Related Programs, Foreign 

5 Agricultural Service, Salaries and Expenses’’ shall be 

6 $165,436,000. 

7 SEC. 1266. Notwithstanding section 1101, the level 

8 for ‘‘Foreign Assistance and Related Programs, Foreign 

9 Agricultural Service, Food for Peace Title II Grants’’ shall 

10 be $1,003,000,000. 

11 SEC. 1267. Notwithstanding section 1101, the level 

12 for ‘‘Foreign Assistance and Related Programs, Foreign 

13 Agricultural Service, McGovern-Dole International Food 

14 for Education and Child Nutrition Program Grants’’ shall 

15 be $100,000,000. 

16 SEC. 1268. Notwithstanding section 1101, the level 

17 for ‘‘Related Agencies and Food and Drug Administra18 tion, Food and Drug Administration, Salaries and Ex19 penses’’ shall be $3,307,418,000: Provided, That of the 

20 amount provided under this heading, $667,057,000 shall 

21 be derived from prescription drug user fees authorized by 

22 section 736 of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 379h), shall be credited to this account and 

24 remain available until expended, and shall not include any 

25 fees pursuant to paragraphs (2) and (3) of section 736(a) 


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1 of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed 

2 for fiscal year 2012 but collected in fiscal year 2011; 

3 $61,860,000 shall be derived from medical device user fees 

4 authorized by section 738 of such Act (21 U.S.C. 379j), 

5 and shall be credited to this account and remain available 

6 until expended; $19,448,000 shall be derived from animal 

7 drug user fees authorized by section 740 of such Act (21 

8 U.S.C. 379j–12), and shall be credited to this account and 

9 remain available until expended; $5,397,000 shall be de10 rived from animal generic drug user fees authorized by 

11 section 741 of such Act (21 U.S.C. 379j–21), and shall 

12 be credited to this account and shall remain available until 

13 expended; and $450,000,000 shall be derived from tobacco 

14 product user fees authorized by section 919 of such Act 

15 (21 U.S.C. 387s) and shall be credited to this account and 

16 remain available until expended: Provided further, That in 

17 addition and notwithstanding any other provision under 

18 this heading, amounts collected for prescription drug user 

19 fees that exceed the fiscal year 2011 limitation are appro20 priated and shall be credited to this account and remain 

21 available until expended: Provided further, That fees de22 rived from prescription drug, medical device, animal drug, 

23 animal generic drug, and tobacco product assessments for 

24 fiscal year 2011 received during fiscal year 2011, includ25 ing any such fees assessed prior to fiscal year 2011 but 


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1 credited for fiscal year 2011, shall be subject to the fiscal 

2 year 2011 limitations: Provided further, That none of 

3 these funds shall be used to develop, establish, or operate 

4 any program of user fees authorized by 31 U.S.C. 9701: 

5 Provided further, That of the total amount appropriated 

6 under this heading: (1) $727,220,000 shall be for the Cen7 ter for Food Safety and Applied Nutrition and related 

8 field activities in the Office of Regulatory Affairs; (2) 

9 $895,460,000 shall be for the Center for Drug Evaluation 

10 and Research and related field activities in the Office of 

11 Regulatory Affairs; (3) $296,937,000 shall be for the Cen12 ter for Biologics Evaluation and Research and for related 

13 field activities in the Office of Regulatory Affairs; (4) 

14 $145,103,000 shall be for the Center for Veterinary Medi15 cine and for related field activities in the Office of Regu16 latory Affairs; (5) $318,768,000 shall be for the Center 

17 for Devices and Radiological Health and for related field 

18 activities in the Office of Regulatory Affairs; (6) 

19 $35,052,000 shall be for the National Center for Toxi20 cological Research; (7) $421,463,000 shall be for the Cen21 ter for Tobacco Products and for related field activities 

22 in the Office of Regulatory Affairs; (8) not to exceed 

23 $100,482,000 shall be for Rent and Related activities, of 

24 which $22,683,000 is for White Oak Consolidation, other 

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1 tration for rent; (9) not to exceed $182,661,000 shall be 

2 for payments to the General Services Administration for 

3 rent; and (10) $184,272,000 shall be for other activities, 

4 including the Office of the Commissioner of Food and 

5 Drugs; the Office of Foods; the Office of the Chief Sci6 entist; the Office of Policy, Planning and Budget; the Of7 fice of International Programs; the Office of Administra8 tion; and central services for these offices: Provided fur9 ther, That none of the funds made available under this 

10 heading shall be used to transfer funds under section 

11 770(n) of the Federal Food, Drug, and Cosmetic Act (21 

12 U.S.C. 379dd): Provided further, That not to exceed 

13 $25,000 of the amount provided under this heading shall 

14 be for official reception and representation expenses, not 

15 otherwise provided for, as determined by the Commis16 sioner: Provided further, That funds may be transferred 

17 from one specified activity to another with the prior ap18 proval of the Committees on Appropriations of both 

19 Houses of Congress. 

20 SEC. 1269. Notwithstanding section 1101, the level 

21 for ‘‘Related Agencies and Food and Drug Administra22 tion, Independent Agencies, Commodity Futures Trading 

23 Commission’’ shall be $112,000,000, to remain available 

24 until September 30, 2012: Provided, That the proviso 


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1 under such heading in Public Law 111–80 shall not apply 

2 to funds appropriated by this division. 

3 SEC. 1270. Notwithstanding any other provision of 

4 this division, the following set-asides included in Public 

5 Law 111–80 for ‘‘Congressionally Designated Projects’’ in 

6 the following accounts for the corresponding amounts shall 

7 not apply to funds appropriated by this division: 

8 (1) ‘‘Agricultural Programs, Agricultural Re9 search Service, Salaries and Expenses’’, 

10 $44,138,000. 

11 (2) ‘‘Agricultural Programs, National Institute 

12 of Food and Agriculture, Research and Education 

13 Activities’’, $120,054,000. 

14 (3) ‘‘Agricultural Programs, National Institute 

15 of Food and Agriculture, Extension Activities’’, 

16 $11,831,000. 

17 (4) ‘‘Agricultural Programs, Animal and Plant 

18 Health Inspection Service, Salaries and Expenses’’, 

19 $24,410,000. 

20 (5) ‘‘Conservation Programs, Natural Re21 sources Conservation Service, Conservation Oper22 ations’’, $37,382,000. 

23 SEC. 1271. Notwithstanding any other provision of 

24 this division, the following provisions included in Public 


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1 Law 111–80 shall not apply to funds appropriated by this 

2 division: 

3 (1) The first proviso under the heading ‘‘Agri4 cultural Programs, Agriculture Buildings and Facili5 ties and Rental Payments’’. 

6 (2) The second proviso under the heading 

7 ‘‘Conservation Programs, Natural Resources Con8 servation Service, Conservation Operations’’. 

9 (3) The second proviso under the heading 

10 ‘‘Rural Development Programs, Rural Utilities Serv11 ice, Rural Water and Waste Disposal Account’’. 

12 (4) The first proviso under the heading ‘‘Do13 mestic Food Programs, Food and Nutrition Service, 

14 Commodity Assistance Program’’. 

15 (5) The first proviso under the heading ‘‘For16 eign Assistance and Related Programs, Foreign Ag17 ricultural Service, McGovern-Dole International 

18 Food for Education and Child Nutrition Program 

19 Grants’’. 

20 SEC. 1272. Sections 718, 723, 727, 728, 738, 739, 

21 and 741 of Public Law 111–80 shall be applied to funds 

22 appropriated by this division by substituting $0 for the 

23 dollar amounts included in those sections. 


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1 SEC. 1273. Sections 715, 716, 721(2), 721(3), 724, 

2 725, 726, 729, 730, 734, 735, 743, 745, and 748 of Public 

3 Law 111–80 shall not apply for fiscal year 2011. 

4 SEC. 1274. Sections 737, 740, 747, and 749 of Public 

5 Law 111–80 authorized or required certain actions that 

6 have been performed before the date of the enactment of 

7 this division and need not reoccur. 

8 SEC. 1275. Appropriations to the Department of Ag9 riculture made available in fiscal year 2005 to carry out 

10 section 601 of the Rural Electrification Act of 1936 (7 

11 U.S.C. 950bb) for the cost of direct loans shall remain 

12 available until expended to disburse valid obligations made 

13 in fiscal years 2005 and 2006. 

14 SEC. 1276. In the case of each program established 

15 or amended by the Food, Conservation, and Energy Act 

16 of 2008 (Public Law 110–246), other than by title I or 

17 subtitle A of title III of such Act, or programs for which 

18 indefinite amounts were provided in that Act that is au19 thorized or required to be carried out using funds of the 

20 Commodity Credit Corporation: (1) such funds shall be 

21 available for salaries and related administrative expenses, 

22 including technical assistance, associated with the imple23 mentation of the program, without regard to the limitation 

24 on the total amount of allotments and fund transfers con25 tained in section 11 of the Commodity Credit Corporation 


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1 Charter Act (15 U.S.C. 714i); and (2) the use of such 

2 funds for such purpose shall not be considered to be a 

3 fund transfer or allotment for purposes of applying the 

4 limitation on the total amount of allotments and fund 

5 transfers contained in such section. 

6 SEC. 1277. With respect to any loan or loan guar7 antee program administered by the Secretary of Agri8 culture that has a negative credit subsidy score for fiscal 

9 year 2011, the program level for the loan or loan guar10 antee program, for the purposes of the Federal Credit Re11 form Act of 1990, shall be the program level established 

12 pursuant to such Act for fiscal year 2010. 

13 SEC. 1278. Section 721(1) of Public Law 111–80 

14 (123 Stat. 2122) is amended by striking 

15 ‘‘$1,180,000,000’’ and inserting ‘‘$1,238,000,000’’. 

16 SEC. 1279. Section 742 of Public Law 111–80 (123 

17 Stat. 2128) is amended by striking ‘‘$11,000,000’’ and 

18 inserting ‘‘$15,000,000’’. 

19 SEC. 1280. The following provisions of Public Law 

20 111–80 shall be applied to funds appropriated by this divi21 sion by substituting ‘‘2010’’, ‘‘2011’’, and ‘‘2012’’ for 

22 ‘‘2009’’, ‘‘2010’’, and ‘‘2011’’, respectively, in each in23 stance that such terms appear: 


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1 (1) The second paragraph under the heading 

2 ‘‘Agricultural Programs, Animal and Plant Health 

3 Inspection Service, Salaries and Expenses’’. 

4 (2) The second proviso under the heading ‘‘Ag5 ricultural Programs, Food Safety and Inspection 

6 Service’’. 

7 (3) The first proviso in the second paragraph 

8 under the heading ‘‘Rural Development Programs, 

9 Rural Housing Service, Rural Housing Insurance 

10 Fund Program Account’’. 

11 (4) The fifth proviso under the heading ‘‘Rural 

12 Development Programs, Rural Housing Service, 

13 Rental Assistance Program’’. 

14 (5) The proviso under the heading ‘‘Rural De15 velopment Programs, Rural Housing Service, Mutual 

16 and Self-Help Housing Grants’’. 

17 (6) The first proviso under the heading ‘‘Rural 

18 Development Programs, Rural Housing Service, 

19 Rural Housing Assistance Grants’’. 

20 (7) The seventh proviso under the heading 

21 ‘‘Rural Development Programs, Rural Housing Serv22 ice, Rural Community Facilities Program Account’’. 

23 (8) The third proviso under the heading ‘‘Rural 

24 Development Programs, Rural Business—Coopera25 tive Service, Rural Business Program Account’’. 


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1 (9) The four availability of funds clauses under 

2 the heading ‘‘Rural Development Programs, Rural 

3 Business—Cooperative Service, Rural Development 

4 Loan Fund Program Account’’. 

5 (10) The fifth proviso under the heading 

6 ‘‘Rural Development Programs, Rural Utilities Serv7 ice, Rural Water and Waste Disposal Program Ac8 count’’. 

9 (11) Sections 713, 717, 732, and 746. 

10 SEC. 1281. None of the funds appropriated or other11 wise made available by this division or any other Act shall 

12 be used to pay the salaries and expenses of personnel to 

13 carry out the Wetlands Reserve Program authorized by 

14 sections 1237–1237F of the Food Security Act of 1985 

15 (16 U.S.C. 3837–3837f) to enroll in excess of 202,218 

16 acres in fiscal year 2011: Provided, That such program 

17 shall be permanently reduced by 47,782 acres. 

18 SEC. 1282. None of the funds appropriated or other19 wise made available by this division or any other Act shall 

20 be used to pay the salaries and expenses of personnel to 

21 carry out the Conservation Stewardship Program author22 ized by sections 1238D–1238G of the Food Security Act 

23 of 1985 (16 U.S.C. 3838d–3838g) in excess of 

24 $649,000,000. 


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1 SEC. 1283. None of the funds appropriated or other2 wise made available by this division or any other Act shall 

3 be used to pay the salaries and expenses of personnel to 

4 carry out the program authorized by section 14 of the Wa5 tershed Protection and Flood Prevention Act (16 U.S.C. 

6 1012): Provided, That of the funds available under such 

7 section for fiscal year 2011, $165,000,000 is rescinded. 

8 SEC. 1284. 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 transfer in fiscal year 2011 to the Administrator of the 

12 Food and Nutrition Service under subsection (b) of section 

13 14222 of the Food, Conservation, and Energy Act of 2008 

14 (Public Law 110–246; 122 Stat. 2245) an amount in ex15 cess of $1,098,000,000: Provided, That none of the funds 

16 made available by this division or any other Act shall be 

17 used to pay the salaries and expenses of personnel to carry 

18 out section 19 of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1769a) utilizing funds otherwise 

20 required to be made available under subsection (i)(1)(D) 

21 of such section 19 in excess of $33,000,000, including the 

22 transfer of funds under subsection (c) of such section 

23 14222, until October 1, 2011: Provided further, That the 

24 remaining $117,000,000 of the amount specified in sub25 section (i)(1)(D) of such section 19 made available on OcVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 tober 1, 2011, to carry out such section 19 shall be ex2 cluded from the limitation described in subsection 

3 (b)(2)(A)(iv) of such section 14222 for fiscal year 2012. 

4 SEC. 1285. None of the funds appropriated or made 

5 available by this division or any other Act shall be used 

6 to pay the salaries and expenses of personnel to carry out 

7 the Biomass Crop Assistance Program authorized by sec8 tion 9011 of the Farm Security and Rural Investment Act 

9 of 2002 (7 U.S.C. 8111) in excess of $112,000,000. 

10 SEC. 1286. Of the unobligated balances available for 

11 ‘‘Agricultural Programs, Agricultural Research Service, 

12 Buildings and Facilities’’ $223,700,000 is rescinded. 

13 SEC. 1287. Of the unobligated balances available for 

14 the cost of broadband loans, as authorized by section 601 

15 of the Rural Electrification Act of 1936, $15,000,000 is 

16 rescinded. 

17 SEC. 1288. (a) Notwithstanding this Act or any other 

18 Act, of the unobligated balances available to the Depart19 ment of Agriculture from prior appropriations, 

20 $585,000,000 in appropriated discretionary funds are 

21 hereby rescinded. 

22 (b) The Secretary of Agriculture shall determine and 

23 identify from which appropriation accounts the rescission 

24 under subsection (a) shall apply and the amount of such 

25 rescission that shall apply to each such account. Not later 


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1 than 30 days after the date of the enactment of this Act, 

2 the Secretary of Agriculture shall submit a report to the 

3 Committees on Appropriations of both Houses of Congress 

4 and the Secretary of the Treasury of the accounts and 

5 amounts determined and identified for rescission under 

6 the preceding sentence: Provided, That no amounts may 

7 be rescinded from amounts that were designated by the 

8 Congress as an emergency requirement pursuant to the 

9 Concurrent Resolution on the Budget or the Balanced 

10 Budget and Emergency Deficit Control Act of 1985, as 

11 amended. 

12 TITLE III—COMMERCE, JUSTICE, SCIENCE, AND 

13 RELATED AGENCIES 

14 SEC. 1301. Notwithstanding section 1101, the level 

15 for ‘‘Department of Commerce, International Trade Ad16 ministration, Operations and Administration’’ shall be 

17 $450,989,000. 

18 SEC. 1302. Notwithstanding section 1101, the level 

19 for ‘‘Department of Commerce, Economic Development 

20 Administration, Economic Development Assistance Pro21 grams’’ shall be $175,000,000 (increased by 

22 $80,000,000). 

23 SEC. 1303. Notwithstanding section 1101, the level 

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1 opment Agency, Minority Business Development’’ shall be 

2 $30,400,000. 

3 SEC. 1304. Notwithstanding section 1101, the level 

4 for ‘‘Department of Commerce, National Telecommuni5 cations and Information Administration, Salaries and Ex6 penses’’ shall be $40,649,000. 

7 SEC. 1305. Notwithstanding section 1101, the level 

8 for ‘‘Department of Commerce, National Institute of 

9 Standards and Technology, Scientific and Technical Re10 search and Services’’ shall be $469,500,000. 

11 SEC. 1306. Notwithstanding section 1101, the level 

12 for ‘‘Department of Commerce, National Institute of 

13 Standards and Technology, Industrial Technology Serv14 ices’’ shall be $169,600,000. 

15 SEC. 1307. Notwithstanding section 1101, the level 

16 for ‘‘Department of Commerce, National Oceanic and At17 mospheric Administration, Pacific Coastal Salmon Recov18 ery’’ shall be $50,000,000. 

19 SEC. 1308. Notwithstanding section 1101, the level 

20 for ‘‘Department of Justice, General Administration, Na21 tional Drug Intelligence Center’’ shall be $34,023,000 (re22 duced by $34,023,000). 

23 SEC. 1309. Notwithstanding section 1101, the level 

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1 tice Information Sharing Technology’’ shall be 

2 $78,285,000. 

3 SEC. 1310. Notwithstanding section 1101, the level 

4 for ‘‘Department of Justice, General Administration, Tac5 tical Law Enforcement Wireless Communications’’ shall 

6 be $136,143,000. 

7 SEC. 1311. Notwithstanding section 1101, the level 

8 for ‘‘Department of Justice, General Administration, De9 tention Trustee’’ shall be $1,533,663,000. 

10 SEC. 1312. Notwithstanding section 1101, the level 

11 for ‘‘Department of Justice, Legal Activities, Salaries and 

12 Expenses, General Legal Activities’’ shall be 

13 $865,097,000. 

14 SEC. 1313. Notwithstanding section 1101, the level 

15 for ‘‘Department of Justice, United States Marshals Serv16 ice, Construction’’ shall be $16,929,000. 

17 SEC. 1314. Notwithstanding section 1101, the level 

18 for ‘‘Department of Justice, Federal Bureau of Investiga19 tion, Construction’’ shall be $106,915,000. 

20 SEC. 1315. Notwithstanding section 1101, the level 

21 for ‘‘Department of Justice, Federal Prison System, Sala22 ries and Expenses’’ shall be $6,325,231,000. 

23 SEC. 1316. Notwithstanding section 1101, the level 

24 for ‘‘Office of Science and Technology Policy’’ shall be 

25 $6,500,000. 


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1 SEC. 1317. Notwithstanding section 1101, the level 

2 for ‘‘National Science Foundation, Research and Related 

3 Activities’’ shall be $5,467,920,000. 

4 SEC. 1318. Notwithstanding section 1101, the level 

5 for ‘‘National Science Foundation, Major Research Equip6 ment and Facilities Construction’’ shall be $54,790,000. 

7 SEC. 1319. Notwithstanding section 1101, the level 

8 for ‘‘National Science Foundation, Education and Human 

9 Resources’’ shall be $725,760,000. 

10 SEC. 1320. Notwithstanding section 1101, the level 

11 for ‘‘Department of Commerce, Bureau of the Census, 

12 Periodic Censuses and Programs’’ shall be $913,707,000 

13 (reduced by $80,000,000). 

14 SEC. 1321. Notwithstanding section 1101, the level 

15 for each of the following accounts shall be $0: ‘‘Depart16 ment of Commerce, National Telecommunications and In17 formation Administration, Public Telecommunications Fa18 cilities, Planning and Construction’’; ‘‘Department of Jus19 tice, Bureau of Alcohol, Tobacco, Firearms, and Explo20 sives, Construction’’; and ‘‘Department of Justice, Office 

21 of Justice Programs, Weed and Seed Program Fund’’. 

22 SEC. 1322. Notwithstanding any other provision of 

23 this division, the following set-asides included in division 

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1 lowing accounts for the corresponding amounts shall not 

2 apply to funds appropriated by this division: (1) ‘‘Depart3 ment of Commerce, International Trade Administration, 

4 Operations and Administration’’, $5,215,000; (2) ‘‘De5 partment of Commerce, Minority Business Development 

6 Agency, Minority Business Development’’, $1,100,000; 

7 and (3) ‘‘Department of Commerce, National Institute of 

8 Standards and Technology, Scientific and Technical Re9 search and Services’’, $10,500,000. 

10 SEC. 1323. The Departments of Commerce and Jus11 tice, the National Aeronautics and Space Administration, 

12 and the National Science Foundation are directed to sub13 mit spending plans, signed by the respective department 

14 or agency head, to the House and Senate Committees on 

15 Appropriations within 60 days of enactment of this divi16 sion. 

17 SEC. 1324. Notwithstanding any other provision of 

18 this division, the set-aside included in division B of Public 

19 Law 111–117 under the heading ‘‘Department of Com20 merce, United States Patent and Trademark Office, Sala21 ries and Expenses’’ for policy studies related to activities 

22 of United Nations Specialized Agencies related to inter23 national protection of intellectual property rights shall not 

24 apply to funds appropriated by this division. 


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1 SEC. 1325. Of the amount provided by section 1306 

2 for ‘‘National Institute of Standards and Technology, In3 dustrial Technology Services’’, $44,900,000 shall be for 

4 the Technology Innovation Program. 

5 SEC. 1326. (a) Notwithstanding section 1101, the 

6 level for ‘‘Department of Commerce, National Institute of 

7 Standards and Technology, Construction of Research Fa8 cilities’’ shall be $58,000,000. 

9 (b) The set-asides included in division B of Public 

10 Law 111–117 under the heading ‘‘Department of Com11 merce, National Institute of Standards and Technology, 

12 Construction of Research Facilities’’ for a competitive con13 struction grant program for research science buildings and 

14 for projects specified in the explanatory statement accom15 panying that Act shall not apply to funds appropriated 

16 by this division. 

17 SEC. 1327. (a) Notwithstanding section 1101, the 

18 level for ‘‘Department of Commerce, National Oceanic and 

19 Atmospheric Administration, Operations, Research, and 

20 Facilities’’ shall be $2,850,883,000. 

21 (b) The set-aside included in division B of Public Law 

22 111–117 under the heading ‘‘Department of Commerce, 

23 National Oceanic and Atmospheric Administration, Oper24 ations, Research, and Facilities’’ for projects specified in 


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1 the explanatory statement accompanying that Act shall 

2 not apply to funds appropriated by this division. 

3 SEC. 1328. (a) Notwithstanding section 1101, the 

4 level for ‘‘Department of Commerce, National Oceanic and 

5 Atmospheric Administration, Procurement, Acquisition 

6 and Construction’’ shall be $1,455,353,000. 

7 (b) The set-aside included in division B of Public Law 

8 111–117 under the heading ‘‘Department of Commerce, 

9 National Oceanic and Atmospheric Administration, Pro10 curement, Acquisition and Construction’’ for projects 

11 specified in the explanatory statement accompanying that 

12 Act shall not apply to funds appropriated by this division. 

13 SEC. 1329. (a) Notwithstanding section 1101, the 

14 level for ‘‘Department of Justice, Office of Justice Pro15 grams, Justice Assistance’’ shall be $225,000,000. 

16 (b) Amounts included in paragraphs (1) through (5) 

17 under the heading ‘‘Department of Justice, Office of Jus18 tice Programs, Justice Assistance’’ of division B of Public 

19 Law 111–117 shall be deemed to represent the maximum 

20 amount of funding available under the respective para21 graph. 

22 SEC. 1330. (a) Notwithstanding section 1101, the 

23 level for ‘‘Department of Justice, Office of Justice Pro24 grams, State and Local Law Enforcement Assistance’’ 


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1 shall be $953,500,000 (reduced by $20,000,000) (in2 creased by $20,000,000). 

3 (b) The amount included in paragraph (4) under the 

4 heading ‘‘Department of Justice, Office of Justice Pro5 grams, State and Local Law Enforcement Assistance’’ of 

6 division B of Public Law 111–117 shall be applied to 

7 funds appropriated by this division by substituting ‘‘$0’’ 

8 for ‘‘$185,268,000’’. 

9 (c) Amounts included in paragraphs (1) through (3) 

10 and paragraphs (5) through (29) under the heading ‘‘De11 partment of Justice, Office of Justice Programs, State 

12 and Local Law Enforcement Assistance’’ of division B of 

13 Public Law 111–117 shall be deemed to represent the 

14 maximum amount of funding available under the respec15 tive paragraph. 

16 SEC. 1331. (a) Notwithstanding section 1101, the 

17 level for ‘‘Department of Justice, Office of Justice Pro18 grams, Juvenile Justice Programs’’ shall be 

19 $232,500,000. 

20 (b) The amount included in paragraph (2) under the 

21 heading ‘‘Department of Justice, Office of Justice Pro22 grams, Juvenile Justice Programs’’ of division B of Public 

23 Law 111–117 shall be applied to funds appropriated by 

24 this division by substituting ‘‘$0’’ for ‘‘$91,095,000’’. 


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1 (c) Amounts included in paragraph (1) and para2 graphs (3) through (8) under the heading ‘‘Department 

3 of Justice, Office of Justice Programs, Juvenile Justice 

4 Programs’’ of division B of Public Law 111–117 shall be 

5 deemed to represent the maximum amount of funding 

6 available under the respective paragraph. 

7 SEC. 1332. (a) Notwithstanding section 1101, the 

8 level for ‘‘Department of Justice, Community Oriented 

9 Policing Services (Including Transfers of Funds)’’ shall be 

10 $290,500,000 (increased by $298,000,000). 

11 (b) Amounts included under the heading ‘‘Depart12 ment of Justice, Community Oriented Policing Services 

13 (Including Transfers of Funds)’’ in division B of Public 

14 Law 111–117 shall be applied to funds appropriated by 

15 this division by substituting— 

16 (1) ‘‘$15,000,000’’ for ‘‘40,385,000’’; 

17 (2) ‘‘$0’’ for ‘‘$25,385,000’’; 

18 (3) ‘‘$1,500,000’’ for ‘‘$170,223,000’’; 

19 (4) ‘‘$0’’ for ‘‘$168,723,000’’; and 

20 (5) ‘‘$0 (increased by $298,000,000)’’ for 

21 ‘‘$298,000,000’’. 

22 (c) Amounts included in paragraph (1) and para23 graphs (4) through (8) under the heading ‘‘Department 

24 of Justice, Community Oriented Policing Services (Includ25 ing Transfers of Funds)’’ of division B of Public Law 


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1 111–117 shall be deemed to represent the maximum 

2 amount of funding available under the respective para3 graph. 

4 SEC. 1333. (a) The percentage limitations on trans5 fers between appropriations of the Department of Justice 

6 described in section 205 of division B of Public Law 111– 

7 117 shall not apply to funds provided by this division to 

8 the Department of Justice, or provided under previous ap9 propriations Acts to the Department of Justice that re10 main available for obligation or expenditure in fiscal year 

11 2011, or provided from any accounts in the Treasury of 

12 the United States derived by the collection of fees available 

13 to the Department of Justice. 

14 (b) The transfer authority provided in subsection (a) 

15 shall pertain only to transfers into the following accounts: 

16 ‘‘Department of Justice, Salaries and Expenses, United 

17 States Attorneys’’; ‘‘Department of Justice, United States 

18 Marshals Service, Salaries and Expenses’’; ‘‘Department 

19 of Justice, Federal Bureau of Investigation, Salaries and 

20 Expenses’’; ‘‘Department of Justice, Drug Enforcement 

21 Administration, Salaries and Expenses’’; ‘‘Department of 

22 Justice, Bureau of Alcohol, Tobacco, Firearms and Explo23 sives, Salaries and Expenses’’; and ‘‘Department of Jus24 tice, Federal Prison System, Salaries and Expenses’’. 


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1 (c) Any transfer pursuant to this section shall be 

2 treated as a reprogramming of funds under section 505 

3 of division B of Public Law 111–117 and shall not be 

4 available for obligation except in compliance with the pro5 cedures set forth in that section as amended by this divi6 sion. 

7 SEC. 1334. Notwithstanding section 1105, the pro8 viso limiting the use of funds under the heading ‘‘National 

9 Aeronautics and Space Administration, Exploration’’ in 

10 division B of Public Law 111–117 shall not apply to funds 

11 appropriated by this division. 

12 SEC. 1335. (a) Notwithstanding section 1101, the 

13 level for ‘‘National Aeronautics and Space Administration, 

14 Space Operations’’ shall be $5,946,800,000. 

15 (b) The proviso specifying amounts under the head16 ing ‘‘National Aeronautics and Space Administration, 

17 Space Operations’’ in division B of Public Law 111–117 

18 for operations, production, research, development, and 

19 support of the Space Shuttle and the International Space 

20 Station and for Space and Flight Support shall not apply 

21 to funds appropriated by this division. 

22 SEC. 1336. (a) Notwithstanding section 1101, the 

23 level for ‘‘National Aeronautics and Space Administration, 

24 Cross Agency Support’’ shall be $3,131,000,000 (reduced 

25 by $298,000,000). 


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1 (b) The set-asides under the heading ‘‘National Aero2 nautics and Space Administration, Cross Agency Support’’ 

3 in division B of Public Law 111–117 for center manage4 ment and operations, independent verification and valida5 tion activities and projects specified in the explanatory 

6 statement accompanying that Act shall not apply to funds 

7 appropriated by this division. 

8 SEC. 1337. (a) Notwithstanding section 1101, the 

9 level for ‘‘National Aeronautics and Space Administration, 

10 Construction and Environmental Compliance and Remedi11 ation’’ shall be $408,300,000. 

12 (b) The set-asides under the heading ‘‘National Aero13 nautics and Space Administration, Construction and Envi14 ronmental Compliance and Remediation’’ in division B of 

15 Public Law 111–117 for science research and development 

16 activities, exploration research and development activities, 

17 space operations research and development activities, and 

18 cross agency support activities shall not apply to funds 

19 appropriated by this division. 

20 SEC. 1338. (a) Transfer limitations for the National 

21 Aeronautics and Space Administration described in the 

22 Administrative Provisions of division B of Public Law 

23 111–117 shall not apply to funds available under the fol24 lowing headings: (1) ‘‘National Aeronautics and Space Ad25 ministration, Aeronautics’’; (2) ‘‘National Aeronautics and 


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1 Space Administration, Space Operations’’; and (3) ‘‘Na2 tional Aeronautics and Space Administration, Education’’. 

3 (b) Any transfer pursuant to this section shall be 

4 treated as a reprogramming of funds under section 505 

5 of division B of Public Law 111–117 and shall not be 

6 available for obligation except in compliance with the pro7 cedures set forth in that section as amended by this divi8 sion. 

9 SEC. 1339. (a) None of the funds made available by 

10 this division may be used for the National Aeronautics and 

11 Space Administration or the Office of Science and Tech12 nology Policy to develop, design, plan, promulgate, imple13 ment, or execute a policy, program, order, or contract of 

14 any kind to participate, collaborate, or coordinate in any 

15 way with China or any Chinese-owned company unless 

16 such activities are specifically authorized by a law enacted 

17 after the date of enactment of this division. 

18 (b) The limitation in subsection (a) shall also apply 

19 to any funds used to effectuate the hosting of official Chi20 nese visitors at facilities belonging to or utilized by the 

21 National Aeronautics and Space Administration. 

22 SEC. 1340. Notwithstanding section 1101, amounts 

23 are provided for ‘‘Legal Services Corporation, Payment to 

24 the Legal Services Corporation’’ in division B of Public 

25 Law 111–117 in the manner authorized in Public Law 


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1 111–117 for fiscal year 2010, except that for fiscal year 

2 2011 the amounts specified in division B of Public Law 

3 111–117 shall be modified by substituting— 

4 (1) ‘‘$350,000,000’’ for ‘‘$420,000,000’’; and 

5 (2) ‘‘$324,400,000’’ for ‘‘$394,400,000’’. 

6 SEC. 1341. Section 505(a)(1) of division B of Public 

7 Law 111–117 is amended by inserting ‘‘, unless the House 

8 and Senate Committees on Appropriations are notified 15 

9 days in advance of such reprogramming of funds’’ before 

10 the semicolon. 

11 SEC. 1342. Of the funds made available for ‘‘Depart12 ment of Commerce, Bureau of the Census, Periodic Cen13 suses and Programs’’ in division B of Public Law 111– 

14 117, $1,740,000,000 is rescinded. 

15 SEC. 1343. Of the unobligated balances available for 

16 ‘‘Emergency Steel, Oil, and Gas Guaranteed Loan Pro17 gram Account’’, $48,000,000 is rescinded. 

18 SEC. 1344. Of the unobligated balances available to 

19 the Department of Justice from prior appropriations, the 

20 following funds are rescinded, not later than September 

21 30, 2011, from the following accounts in the specified 

22 amounts: (1) ‘‘Office of Justice Programs’’, $42,000,000; 

23 and (2) ‘‘Community Oriented Policing Services’’, 

24 $10,000,000. 


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1 TITLE IV—ENERGY AND WATER 

2 DEVELOPMENT AND RELATED AGENCIES 

3 SEC. 1401. All of the provisos under the heading 

4 ‘‘Corps of Engineers—Civil, Department of the Army, 

5 Construction’’ in the Energy and Water Development and 

6 Related Agencies Appropriations Act, 2010 (Public Law 

7 111–85) shall not apply to funds appropriated by this divi8 sion. 

9 SEC. 1402. The proviso under the heading ‘‘Corps of 

10 Engineers—Civil, Department of the Army, Mississippi 

11 River and Tributaries’’ in the Energy and Water Develop12 ment and Related Agencies Appropriations Act, 2010 

13 (Public Law 111–85) shall not apply to funds appro14 priated by this division. 

15 SEC. 1403. The fifth proviso (regarding the San Ga16 briel Basin Restoration Fund), seventh proviso (regarding 

17 the Milk River Project) and eighth proviso (regarding the 

18 Departmental Irrigation Drainage program) under the 

19 heading ‘‘Department of the Interior, Bureau of Reclama20 tion, Water and Related Resources’’ in the Energy and 

21 Water Development and Related Agencies Appropriations 

22 Act, 2010 (Public Law 111–85) shall not apply to funds 

23 appropriated by this division. 

24 SEC. 1404. All of the provisos under the heading 

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1 ciency and Renewable Energy’’ in title III of the Energy 

2 and Water Development and Related Agencies Appropria3 tions Act, 2010 (Public Law 111–85) shall not apply to 

4 funds appropriated by this division. 

5 SEC. 1405. All of the provisos under the heading 

6 ‘‘Department of Energy, Energy Programs, Electricity 

7 Delivery and Energy Reliability’’ in title III of the Energy 

8 and Water Development and Related Agencies Appropria9 tions Act, 2010 (Public Law 111–85) shall not apply to 

10 funds appropriated by this division. 

11 SEC. 1406. The proviso under the heading ‘‘Depart12 ment of Energy, Energy Programs, Nuclear Energy’’ in 

13 title III of the Energy and Water Development and Re14 lated Agencies Appropriations Act, 2010 (Public Law 

15 111–85) shall not apply to funds appropriated by this divi16 sion. 

17 SEC. 1407. The second proviso under the heading 

18 ‘‘Department of Energy, Energy Programs, Fossil Energy 

19 Research and Development’’ in title III of the Energy and 

20 Water Development and Related Agencies Appropriations 

21 Act, 2010 (Public Law 111–85) shall not apply to funds 

22 appropriated by this division. 

23 SEC. 1408. All of the provisos under the heading 

24 ‘‘Department of Energy, Energy Programs, Science’’ in 

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1 lated Agencies Appropriations Act, 2010 (Public Law 

2 111–85) shall not apply to funds appropriated by this divi3 sion. 

4 SEC. 1409. The thirteenth proviso (regarding Com5 mission funding) under the heading ‘‘Department of En6 ergy, Energy Programs, Nuclear Waste Disposal’’ in title 

7 III of the Energy and Water Development and Related 

8 Agencies Appropriations Act, 2010 (Public Law 111–85) 

9 shall not apply to funds appropriated by this division. 

10 SEC. 1410. All of the provisos under the heading 

11 ‘‘Department of Energy, Atomic Energy Defense Activi12 ties, National Nuclear Security Administration, Weapons 

13 Activities’’ in title III of the Energy and Water Develop14 ment and Related Agencies Appropriations Act, 2010 

15 (Public Law 111–85) shall not apply to funds appro16 priated by this division. 

17 SEC. 1411. The proviso under the heading ‘‘Depart18 ment of Energy, Atomic Energy Defense Activities, Na19 tional Nuclear Security Administration, Defense Nuclear 

20 Nonproliferation’’ 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. 1412. All of the provisos under the heading 

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1 ties, National Nuclear Security Administration, Office of 

2 the Administrator’’ in title III of the Energy and Water 

3 Development and Related Agencies Appropriations Act, 

4 2010 (Public Law 111–85) shall not apply to funds appro5 priated by this division. 

6 SEC. 1413. The proviso under the heading ‘‘Depart7 ment of Energy, Atomic Energy Defense Activities, Envi8 ronmental and Other Defense Activities, Defense Environ9 mental Cleanup’’ in title III of the Energy and Water De10 velopment and Related Agencies Appropriations Act, 2010 

11 (Public Law 111–85) shall not apply to funds appro12 priated by this division. 

13 SEC. 1414. The proviso under the heading ‘‘Depart14 ment of Energy, Atomic Energy Defense Activities, Envi15 ronmental and Other Defense Activities, Other Defense 

16 Activities’’ in title III of the Energy and Water Develop17 ment and Related Agencies Appropriations Act, 2010 

18 (Public Law 111–85) shall not apply to funds appro19 priated by this division. 

20 SEC. 1415. The fifth proviso under the heading ‘‘De21 partment of Energy, Power Marketing Administrations, 

22 Construction, Rehabilitation, Operation and Maintenance, 

23 Western Area Power Administration’’ in title III of the 

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1 propriations Act, 2010 (Public Law 111–85) shall not 

2 apply to funds appropriated by this division. 

3 SEC. 1416. Sections 105, 106, 107, 110 through 125, 

4 205 through 211, 502, and 506 of the Energy and Water 

5 Development and Related Agencies Appropriations Act, 

6 2010 (Public Law 111–85) shall not apply to funds appro7 priated by this division. 

8 SEC. 1417. In addition to amounts otherwise made 

9 available by this division, $50,000,000 is appropriated for 

10 ‘‘Department of Energy, Energy Programs, Advanced Re11 search Projects Agency—Energy’’. 

12 SEC. 1418. Notwithstanding section 1105, no appro13 priation, funds, or authority made available pursuant to 

14 section 1101 for the Department of Energy or Corps of 

15 Engineers, Civil, shall be used to initiate or resume any 

16 program, project, or activity or to initiate Requests For 

17 Proposals or similar arrangements (including Requests for 

18 Quotations, Requests for Information, and Funding Op19 portunity Announcements) for a program, project, or ac20 tivity if the program, project, or activity has not been 

21 funded by Congress, unless prior approval is received from 

22 the Committees on Appropriations of the House of Rep23 resentatives and the Senate. 

24 SEC. 1419. No funds made available by this division 

25 or any other Act may be used by the Nuclear Regulatory 


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1 Commission to conduct closure of adjudicatory functions, 

2 technical review, or support activities associated with the 

3 Yucca Mountain geologic repository license application 

4 until the Commission reverses ASLB decision LBP–10– 

5 11. 

6 SEC. 1420. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, Appalachian Regional Com8 mission’’ shall be $68,400,000. 

9 SEC. 1421. Notwithstanding section 1101, the level 

10 for ‘‘Independent Agencies, Delta Regional Authority’’ 

11 shall be $11,700,000. 

12 SEC. 1422. Notwithstanding section 1101, the level 

13 for ‘‘Independent Agencies, Denali Commission’’ shall be 

14 $10,800,000. 

15 SEC. 1423. Notwithstanding section 1101, the level 

16 for ‘‘Independent Agencies, Northern Border Regional 

17 Commission’’ shall be $0. 

18 SEC. 1424. Notwithstanding section 1101, the level 

19 for ‘‘Independent Agencies, Southeast Crescent Regional 

20 Commission’’ shall be $0. 

21 SEC. 1425. The total principal amount for commit22 ments to guarantee loans for eligible projects (other than 

23 nuclear power facilities and front-end nuclear facilities) 

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1 gram’’, in title III of division C of Public Law 111–8, is 

2 hereby reduced by $25,000,000,000. 

3 SEC. 1426. Of the unobligated balances of funds 

4 transferred to ‘‘Department of the Interior, Bureau of 

5 Reclamation, Water and Related Resources’’ for desert 

6 terminal lakes under section 2507 of the Farm Security 

7 and Rural Investment Act of 2002 (43 U.S.C. 2211 note), 

8 $115,000,000 is rescinded. 

9 SEC. 1427. Of the unobligated balances available for 

10 ‘‘Corps of Engineers—Civil, Department of the Army, 

11 Mississippi River and Tributaries’’, $21,000,000 is re12 scinded, to be derived by cancelling unobligated balances 

13 for the Yazoo Basin, Backwater Pump, Mississippi 

14 project. 

15 SEC. 1428. Notwithstanding section 1101, the level 

16 for ‘‘Corps of Engineers—Civil, Department of the Army, 

17 Investigations’’ shall be $104,000,000. 

18 SEC. 1429. Notwithstanding section 1101, the level 

19 for ‘‘Corps of Engineers—Civil, Department of the Army, 

20 Construction’’ shall be $1,690,000,000. 

21 SEC. 1430. Notwithstanding section 1101, the level 

22 for ‘‘Corps of Engineers—Civil, Department of the Army, 

23 Mississippi River and Tributaries’’ shall be $239,600,000. 


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1 SEC. 1431. Notwithstanding section 1101, the level 

2 for ‘‘Corps of Engineers—Civil, Department of the Army, 

3 Operation and Maintenance’’ shall be $2,361,000,000. 

4 SEC. 1432. Notwithstanding section 1101, the level 

5 for ‘‘Corps of Engineers—Civil, Department of the Army, 

6 Formerly Utilized Sites Remedial Action Program’’ shall 

7 be $130,000,000. 

8 SEC. 1433. Notwithstanding section 1101, the level 

9 for ‘‘Department of the Interior, Bureau of Reclamation, 

10 Water and Related Resources’’ shall be $913,500,000 (re11 duced by $1,897,000). 

12 SEC. 1434. Notwithstanding section 1101, the level 

13 for ‘‘Department of Energy, Energy Programs, Energy 

14 Efficiency and Renewable Energy’’ shall be 

15 $1,467,400,000: Provided, That none of the funds made 

16 available by this division may be used for the Weatheriza17 tion Assistance Program authorized under part A of title 

18 IV of the Energy Conservation and Production Act (42 

19 U.S.C. 6861 et seq.) or the State Energy Program author20 ized under part D of title III of the Energy Policy and 

21 Conservation Act (42 U.S.C. 6321 et seq.). 

22 SEC. 1435. Notwithstanding section 1101, the level 

23 for ‘‘Department of Energy, Energy Programs, Electricity 

24 Delivery and Energy Reliability’’ shall be $139,000,000. 


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1 SEC. 1436. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Energy Programs, Nuclear 

3 Energy’’ shall be $661,100,000. 

4 SEC. 1437. Notwithstanding section 1101, the level 

5 for ‘‘Department of Energy, Energy Programs, Fossil En6 ergy Research and Development’’ shall be $586,600,000. 

7 SEC. 1438. Notwithstanding section 1101, the level 

8 for ‘‘Department of Energy, Energy Programs, Strategic 

9 Petroleum Reserve’’ shall be $138,900,000. 

10 SEC. 1439. Notwithstanding section 1101, the level 

11 for ‘‘Department of Energy, Energy Programs, Energy 

12 Information Administration’’ shall be $95,600,000. 

13 SEC. 1440. Notwithstanding section 1101, the level 

14 for ‘‘Department of Energy, Energy Programs, Non-De15 fense Environmental Cleanup’’ shall be $225,200,000. 

16 SEC. 1441. Notwithstanding section 1101, the level 

17 for ‘‘Department of Energy, Energy Programs, Uranium 

18 Enrichment Decontamination and Decommissioning 

19 Fund’’ shall be $513,900,000. 

20 SEC. 1442. Notwithstanding section 1101, the level 

21 for ‘‘Department of Energy, Energy Programs, Science’’ 

22 shall be $4,017,700,000: Provided, That of the amount 

23 provided by this division for ‘‘Department of Energy, En24 ergy Programs, Science’’, not more than $302,000,000 

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1 ized under subtitle G of title IX of the Energy Policy Act 

2 of 2005 (42 U.S.C. 16311 et seq.). 

3 SEC. 1443. Notwithstanding section 1101, the level 

4 for ‘‘Department of Energy, Energy Programs, Depart5 mental Administration’’ shall be $148,900,000. 

6 SEC. 1444. Notwithstanding section 1101, the level 

7 for ‘‘Department of Energy, Energy Programs, Advanced 

8 Technology Vehicles Manufacturing Loan Program’’ shall 

9 be $9,998,000. 

10 SEC. 1445. Notwithstanding section 1101, the level 

11 for ‘‘Department of Energy, Atomic Energy Defense Ac12 tivities, National Nuclear Security Administration, Weap13 ons Activities’’ shall be $6,696,400,000. 

14 SEC. 1446. Notwithstanding section 1101, the level 

15 for ‘‘Department of Energy, Atomic Energy Defense Ac16 tivities, National Nuclear Security Administration, De17 fense Nuclear Nonproliferation’’ shall be $2,085,200,000. 

18 SEC. 1447. Notwithstanding section 1101, the level 

19 for ‘‘Department of Energy, Atomic Energy Defense Ac20 tivities, National Nuclear Security Administration, Naval 

21 Reactors’’ shall be $967,100,000. 

22 SEC. 1448. Notwithstanding section 1101, the level 

23 for ‘‘Department of Energy, Atomic Energy Defense Ac24 tivities, National Nuclear Security Administration, Office 

25 of the Administrator’’ shall be $407,800,000. 


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1 SEC. 1449. Notwithstanding section 1101, the level 

2 for ‘‘Department of Energy, Environmental and Other 

3 Defense Activities, Defense Environmental Cleanup’’ shall 

4 be $5,016,041,000, of which $33,700,000 shall be trans5 ferred to the ‘‘Uranium Enrichment Decontamination and 

6 Decommissioning Fund’’. 

7 SEC. 1450. Notwithstanding section 1101, the level 

8 for ‘‘Department of Energy, Environmental and Other 

9 Defense Activities, Other Defense Activities’’ shall be 

10 $773,400,000. 

11 SEC. 1451. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Corps of Engineers— 

13 Civil, Department of the Army, Construction’’, 

14 $100,000,000 is rescinded. 

15 SEC. 1452. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Energy Efficiency and Renewable En18 ergy’’, $11,200,000 is rescinded. 

19 SEC. 1453. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Electricity Delivery and Energy Reli22 ability’’, $2,400,000 is rescinded. 

23 SEC. 1454. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 


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1 Energy Programs, Nuclear Energy’’, $6,300,000 is re2 scinded. 

3 SEC. 1455. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Fossil Energy Research and Develop6 ment’’, $30,600,000 is rescinded. 

7 SEC. 1456. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Naval Petroleum and Oil Shale Re10 serves’’, $2,100,000 is rescinded. 

11 SEC. 1457. Of the unobligated balances from prior 

12 year appropriations available for ‘‘Department of Energy, 

13 Energy Programs, Clean Coal Technology’’, $18,000,000 

14 is rescinded. 

15 SEC. 1458. Of the unobligated balances from prior 

16 year appropriations available for ‘‘Department of Energy, 

17 Energy Programs, Strategic Petroleum Reserve’’, 

18 $15,300,000 is rescinded. 

19 SEC. 1459. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Department of Energy, 

21 Energy Programs, Energy Information Administration’’, 

22 $400,000 is rescinded. 

23 SEC. 1460. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 


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1 Energy Programs, Non-Defense Environmental Cleanup’’, 

2 $900,000 is rescinded. 

3 SEC. 1461. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Energy Programs, Uranium Enrichment Decontamination 

6 and Decommissioning Fund’’, $10,000,000 is rescinded. 

7 SEC. 1462. Of the unobligated balances from prior 

8 year appropriations available for ‘‘Department of Energy, 

9 Energy Programs, Science’’, $7,200,000 is rescinded. 

10 SEC. 1463. Of the unobligated balances from prior 

11 year appropriations available for ‘‘Department of Energy, 

12 Energy Programs, Nuclear Waste Disposal’’, $2,800,000 

13 is rescinded. 

14 SEC. 1464. Of the unobligated balances from prior 

15 year appropriations available for ‘‘Department of Energy, 

16 Energy Programs, Departmental Administration’’, 

17 $11,900,000 is rescinded. 

18 SEC. 1465. Of the unobligated balances from prior 

19 year appropriations available for ‘‘Department of Energy, 

20 Atomic Energy Defense Activities, National Nuclear Secu21 rity Administration, Defense Nuclear Nonproliferation’’, 

22 $45,500,000 is rescinded. 

23 SEC. 1466. Of the unobligated balances from prior 

24 year appropriations available for ‘‘Department of Energy, 

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1 rity Administration, Naval Reactors’’, $1,200,000 is re2 scinded. 

3 SEC. 1467. Of the unobligated balances from prior 

4 year appropriations available for ‘‘Department of Energy, 

5 Atomic Energy Defense Activities, National Nuclear Secu6 rity Administration, Office of the Administrator’’, 

7 $4,400,000 is rescinded. 

8 SEC. 1468. Of the unobligated balances from prior 

9 year appropriations available for ‘‘Department of Energy, 

10 Environmental and Other Defense Activities, Defense En11 vironmental Cleanup’’, $11,900,000 is rescinded. 

12 SEC. 1469. Of the unobligated balances from prior 

13 year appropriations available for ‘‘Department of Energy, 

14 Environmental and Other Defense Activities, Other De15 fense Activities’’, $3,400,000 is rescinded. 

16 SEC. 1470. Of the unobligated balances from prior 

17 year appropriations available for ‘‘Independent Agencies, 

18 Delta Regional Authority’’, $6,000,000 is rescinded. 

19 SEC. 1471. Of the unobligated balances from prior 

20 year appropriations available for ‘‘Independent Agencies, 

21 Denali Commission’’, $15,000,000 is rescinded. 

22 SEC. 1472. Within 30 days of enactment of this divi23 sion, the Department of Energy; Corps of Engineers, 

24 Civil; Nuclear Regulatory Commission; and Bureau of 

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1 priations of the House of Representatives and the Senate 

2 a spending, expenditure, or operating plan for fiscal year 

3 2011 at a level of detail below the account level. 

4 SEC. 1473. No rescission made in this title shall 

5 apply to any amount previously designated by the Con6 gress as an emergency requirement pursuant to a concur7 rent resolution on the budget or the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 SEC. 1474. None of the funds made available by this 

10 division or prior appropriation Acts (other than Public 

11 Law 111–5) for Energy and Water Development may be 

12 used to pay the costs of employment (such as pay and 

13 benefits), or termination (such as severance pay), of any 

14 employee of the Department of Energy who is appointed, 

15 employed, or retained under the authority of, or using 

16 funds provided by, Public Law 111–5, or whose functions 

17 or operations (including programmatic or oversight re18 sponsibilities) are substantially or entirely funded under 

19 Public Law 111–5. 

20 SEC. 1475. (a) None of the funds made available by 

21 this Act may be used to implement— 

22 (1) Reasonable and Prudent Action Component 

23 1, Reasonable and Prudent Action Component 2, or 

24 Reasonable and Prudent Action Component 3 de25 scribed in the biological opinion for the operations of 


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1 the Central Valley Project and the California State 

2 Water Project issued by the United States Fish and 

3 Wildlife Service and dated December 15, 2008; or 

4 (2) Reasonable and Prudent Action IV.2.1 or 

5 Reasonable and Prudent Action IV.2.3 described in 

6 the biological opinion for the operations of the Cen7 tral Valley Project and the California State Water 

8 Project issued by the National Marine Fisheries 

9 Service and dated June 4, 2009. 

10 (b) None of the funds made available by this Act may 

11 be used to implement section 10004, 10005, 10006, 

12 10009, or 10011 of Public Law 111–11. 

13 TITLE V—FINANCIAL SERVICES AND GENERAL 

14 GOVERNMENT 

15 SEC. 1501. Notwithstanding section 1101, the level 

16 for ‘‘Department of the Treasury, Departmental Offices, 

17 Salaries and Expenses’’ shall be $299,888,000, of which 

18 $102,613,000 shall be for terrorism and financial intel19 ligence activities, and the requirements to transfer funds 

20 to the National Academy of Science and the funding des21 ignations related to executive direction program activities, 

22 economic policies and program activities, financial policies 

23 and program activities, Treasury-wide management poli24 cies and program activities, and administration program 


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1 activities shall not apply to funds appropriated by this di2 vision. 

3 SEC. 1502. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Treasury, Departmental Offices, 

5 Department-wide Systems and Capital Investment Pro6 grams’’ shall be $4,000,000. 

7 SEC. 1503. Notwithstanding section 1101, the level 

8 for ‘‘Department of Treasury, Office of Inspector General, 

9 Salaries and Expenses’’ shall be $29,403,000. 

10 SEC. 1504. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Treasury, Departmental Offices, 

12 Special Inspector General for the Troubled Asset Relief 

13 Program, Salaries and Expenses’’ shall be $36,300,000. 

14 SEC. 1505. Notwithstanding section 1101, the level 

15 for ‘‘Department of Treasury, Financial Crimes Enforce16 ment Network, Salaries and Expenses’’ shall be 

17 $108,927,000. 

18 SEC. 1506. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Treasury, Financial Management 

20 Service, Salaries and Expenses’’ shall be $232,838,000. 

21 SEC. 1507. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Treasury, Bureau of the Public 

23 Debt, Administering the Public Debt’’ shall be 

24 $184,658,000. 


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1 SEC. 1508. Of the unobligated balances available 

2 under the heading ‘‘Department of the Treasury, Treas3 ury Forfeiture Fund’’, $400,000,000 is rescinded. 

4 SEC. 1509. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Treasury, Alcohol and Tobacco 

6 Tax and Trade Bureau, Salaries and Expenses’’ shall be 

7 $99,831,000, and the first proviso under such heading 

8 shall not apply to funds appropriated by this division. 

9 SEC. 1510. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Treasury, Community Develop11 ment Financial Institutions Fund Program Account’’ shall 

12 be $50,000,000 for financial assistance, technical assist13 ance, training outreach programs, and administrative ex14 penses, of which not less than $2,500,000 shall be for pro15 grams under sections 105 through 109 of the Community 

16 Development Banking and Financial Institutions Act of 

17 1994 (12 U.S.C. 4704–4708) designed to benefit Native 

18 communities; and the requirement to transfer funds to the 

19 Capital Magnet Fund and the funding designations for 

20 pilot project grants and administration shall not apply to 

21 funds appropriated by this division. 

22 SEC. 1511. Notwithstanding section 1101, the level 

23 for ‘‘Department of the Treasury, Internal Revenue Serv24 ice, Taxpayer Services’’ shall be $2,187,836,000. 


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1 SEC. 1512. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Treasury, Internal Revenue Serv3 ice, Enforcement’’ shall be $5,219,016,000. 

4 SEC. 1513. Notwithstanding section 1101, the level 

5 for ‘‘Department of the Treasury, Internal Revenue Serv6 ice, Operations Support’’ shall be $3,856,894,000, and the 

7 funding designations for tax enforcement under such 

8 heading shall not apply to funds appropriated by this divi9 sion. 

10 SEC. 1514. Notwithstanding section 1101, and sec11 tion 101 of division C of Public Law 111–117, the Sec12 retary of the Treasury is authorized to transfer up to 

13 $83,211,000 of the funds appropriated to the Internal 

14 Revenue Service for ‘‘Enforcement’’ and ‘‘Operations Sup15 port’’ to ‘‘Business Systems Modernization’’ upon notifica16 tion and approval of the House and Senate Committees 

17 on Appropriations. 

18 SEC. 1515. Notwithstanding section 1101, section 

19 105 of division C of Public Law 111–117 shall not apply 

20 to funds appropriated by this division. 

21 SEC. 1516. None of the funds made available by this 

22 division may be used by the Internal Revenue Service to 

23 implement or enforce any amendment made to section 

24 6041 of the Internal Revenue Code of 1986 by section 


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1 9006 of the Patient Protection and Affordable Care Act 

2 (Public Law 111–148). 

3 SEC. 1517. (a) During fiscal year 2011, the Board 

4 of Governors of the Federal Reserve may not transfer 

5 more than $80,000,000 to the Bureau of Consumer Fi6 nancial Protection for activities authorized to be carried 

7 out by the Bureau under title X of the Dodd-Frank Wall 

8 Street Reform and Consumer Protection Act. 

9 (b) During fiscal year 2011, the Bureau of Consumer 

10 Financial Protection may not obligate more than 

11 $80,000,000 for such activities. 

12 SEC. 1518. Notwithstanding section 1101, the level 

13 for ‘‘Executive Office of the President and Funds Appro14 priated to the President, The White House, Salaries and 

15 Expenses’’ shall be $56,186,000. 

16 SEC. 1519. Notwithstanding section 1101, the level 

17 for ‘‘Executive Office of the President and Funds Appro18 priated to the President, Executive Residence at the White 

19 House, Operating Expenses’’ shall be $13,146,000. 

20 SEC. 1520. Notwithstanding section 1101, the level 

21 for ‘‘Executive Office of the President and Funds Appro22 priated to the President, White House Repair and Res23 toration’’ shall be $2,005,000. 

24 SEC. 1521. Of the unobligated balances available for 

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1 priated to the President, Office of National Drug Control 

2 Policy, Counterdrug Technology Assessment Center’’, 

3 $5,000,000 is rescinded. 

4 SEC. 1522. Notwithstanding section 1101, the level 

5 for ‘‘Executive Office of the President and Funds Appro6 priated to the President, Council of Economic Advisors, 

7 Salaries and Expenses’’ shall be $3,990,000. 

8 SEC. 1523. Notwithstanding section 1101, the level 

9 for ‘‘Executive Office of the President and Funds Appro10 priated to the President, National Security Council, Sala11 ries and Expenses’’ shall be $11,619,000. 

12 SEC. 1524. Notwithstanding section 1101, the level 

13 for ‘‘Executive Office of the President and Funds Appro14 priated to the President, Office of Administration, Sala15 ries and Expenses’’ shall be $109,516,000. 

16 SEC. 1525. Notwithstanding section 1101, the level 

17 for ‘‘Executive Office of the President and Funds Appro18 priated to the President, Office of Management and Budg19 et, Salaries and Expenses’’ shall be $88,220,000. 

20 SEC. 1526. Notwithstanding section 1101, the level 

21 for ‘‘Executive Office of the President and Funds Appro22 priated to the President, Office of National Drug Control 

23 Policy, Salaries and Expenses’’ shall be $24,886,000. 

24 SEC. 1527. Of the unobligated balances available for 

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1 priated to the President, Office of National Drug Control 

2 Policy, Salaries and Expenses’’ for policy research and 

3 evaluation, $2,000,000 is rescinded. 

4 SEC. 1528. Notwithstanding section 1101, the level 

5 for ‘‘Executive Office of the President and Funds Appro6 priated to the President, Office of National Drug Control 

7 Policy, Counterdrug Technology Assessment Center’’ shall 

8 be $0. 

9 SEC. 1529. Notwithstanding section 1101, the level 

10 for ‘‘Executive Office of the President and Funds Appro11 priated to President, Unanticipated Needs’’ shall be $0. 

12 SEC. 1530. Notwithstanding section 1101, the level 

13 for ‘‘Executive Office of the President and Funds Appro14 priated to the President, Partnership Fund for Program 

15 Integrity Innovation’’ shall be $0. 

16 SEC. 1531. Notwithstanding section 1101, the level 

17 for ‘‘Executive Office of the President and Funds Appro18 priated to the President, Special Assistance to the Presi19 dent, Salaries and Expenses’’ shall be $4,374,000. 

20 SEC. 1532. Notwithstanding section 1101, the level 

21 for ‘‘Executive Office of the President and Funds Appro22 priated to the President, Official Residence of the Vice 

23 President, Operating Expenses’’ shall be $314,000. 

24 SEC. 1533. Of the unobligated balances available for 

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1 priated to the President, Partnership Fund for Program 

2 Integrity Innovation’’, $10,000,000 is rescinded. 

3 SEC. 1534. 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, Other Federal Drug Control Programs’’ shall be 

7 $96,425,000, of which $85,500,000 shall be for the Drug8 Free Communities Program; $9,025,000 shall be for anti9 doping activities; and the matter related to a national 

10 media campaign, the National Drug Court Institute, the 

11 United States Anti-Doping Agency, Model State Drug 

12 Laws and performance measures shall not apply to the 

13 funds appropriated by this division. 

14 SEC. 1535. Notwithstanding section 1101, none of 

15 the funds appropriated by this division under heading 

16 ‘‘Executive Office of the President and Funds Appro17 priated to the President’’ shall be for an Assistant to the 

18 President for Energy and Climate Change, or any sub19 stantially similar position. 

20 SEC. 1536. Notwithstanding section 1101, none of 

21 the funds appropriated by this division under the heading 

22 ‘‘Executive Office of the President and Funds Appro23 priated to the President’’ shall be for the Director of the 

24 Office of Health Care Reform, or any substantially similar 

25 position. 


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1 SEC. 1537. Notwithstanding section 1101, the level 

2 for ‘‘The Judiciary, Supreme Court of the United States, 

3 Care of the Building and Grounds’’ shall be $8,175,000. 

4 SEC. 1538. Notwithstanding section 1101, the level 

5 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

6 and Other Judicial Services, Salaries and Expenses’’ shall 

7 be $4,860,585,000. 

8 SEC. 1539. Notwithstanding section 1101, the level 

9 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

10 and Other Judicial Services, Fees of Jurors and Commis11 sioners’’ shall be $52,410,000. 

12 SEC. 1540. Notwithstanding section 1101, the level 

13 for ‘‘The Judiciary, Administrative Office of the United 

14 States Courts, Salaries and Expenses’’ shall be 

15 $82,575,000. 

16 SEC. 1541. Notwithstanding section 1101, the level 

17 for ‘‘The Judiciary, Federal Judicial Center, Salaries and 

18 Expenses’’ shall be $27,078,000. 

19 SEC. 1542. Notwithstanding section 1101, the level 

20 for ‘‘The Judiciary, United States Sentencing Commis21 sion, Salaries and Expenses’’ shall be $16,737,000. 

22 SEC. 1543. Notwithstanding section 1101, the level 

23 for ‘‘The Judiciary, Courts of Appeals, District Courts, 

24 and Other Judicial Services, Court Security’’ shall be 

25 $467,607,000. 


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1 SEC. 1544. The amount included in the second para2 graph under the heading ‘‘The Judiciary, Courts of Ap3 peals, District Courts, and Other Judicial Services, Sala4 ries and Expenses’’ in division C of Public Law 111–117 

5 shall be applied to funds appropriated by this division by 

6 substituting ‘‘$4,785,000’’ for ‘‘$5,428,000’’. 

7 SEC. 1545. Of the unobligated balances available for 

8 ‘‘The Judiciary, United States Sentencing Commission, 

9 Salaries and Expenses’’, $100,000 is rescinded. 

10 SEC. 1546. Section 203(c) of the Judicial Improve11 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

12 note) is amended in the third sentence (relating to the 

13 District of Kansas) by striking ‘‘19 years’’ and inserting 

14 ‘‘20 years’’. 

15 SEC. 1547. Notwithstanding section 1101, the level 

16 for ‘‘District of Columbia, Federal Funds, Federal Pay17 ment to the District of Columbia Courts’’ shall be 

18 $235,660,000, of which $50,000,000 shall be for capital 

19 improvements. 

20 SEC. 1548. (a) Notwithstanding section 1101, the 

21 level for ‘‘District of Columbia, Federal Funds, Federal 

22 Payment for School Improvement’’ shall be $60,000,000, 

23 of which $24,500,000 shall be for the District of Columbia 

24 Public Schools, $20,000,000 shall be to expand quality 

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1 portunity scholarships, and the second reference to 

2 ‘‘$1,000,000’’ under such heading shall be applied to 

3 funds appropriated by this division by substituting ‘‘$0’’. 

4 (b) The authority and conditions provided in the Dis5 trict of Columbia Appropriations Act, 2010 (Public Law 

6 111–117; 123 Stat. 3181) under the heading described in 

7 subsection (a) shall apply with respect to the funds made 

8 available under this division, with the following modifica9 tions: 

10 (1) The first proviso under such heading shall 

11 not apply. 

12 (2) Notwithstanding the second proviso under 

13 such heading, the funds may be made available for 

14 scholarships to students, without regard to whether 

15 any student received a scholarship in any prior 

16 school year. 

17 (3) The fourth proviso under such heading shall 

18 not apply. 

19 (4) Notwithstanding the fifth proviso under 

20 such heading, the Secretary of Education shall en21 sure that site inspections of participating schools are 

22 conducted annually. 

23 SEC. 1549. Notwithstanding section 1101, the level 

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1 ment to the District of Columbia Water and Sewer Au2 thority’’ shall be $10,000,000. 

3 SEC. 1550. Notwithstanding section 1101, the level 

4 for ‘‘District of Columbia, Federal Funds, Federal Pay5 ment to the Criminal Justice Coordinating Council’’ shall 

6 be $1,800,000. 

7 SEC. 1551. Notwithstanding section 1101, the level 

8 for ‘‘District of Columbia, Federal Funds, Federal Pay9 ment to the Office of the Chief Financial Officer for the 

10 District of Columbia’’ shall be $0. 

11 SEC. 1552. Notwithstanding section 1101, the level 

12 for ‘‘District of Columbia, Federal Funds, Federal Pay13 ment for Consolidated Laboratory Facility’’ shall be $0. 

14 SEC. 1553. Notwithstanding section 1101, the level 

15 for ‘‘District of Columbia, Federal Funds, Federal Pay16 ment for Housing for the Homeless’’ shall be 

17 $10,000,000. 

18 SEC. 1554. Notwithstanding section 1101, the level 

19 for ‘‘District of Columbia, Federal Funds, Federal Pay20 ment for Youth Services’’ shall be $0. 

21 SEC. 1555. Notwithstanding any other provision of 

22 this division, except section 1106, the District of Columbia 

23 may expend local funds for programs and activities under 

24 the heading ‘‘District of Columbia Funds’’ for such pro25 grams and activities under title IV of S. 3677 (111th ConVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 gress), as reported by the Committee on Appropriations 

2 of the Senate, at the rate set forth under ‘‘District of Co3 lumbia Funds’’ as included in the Fiscal Year 2011 Budg4 et Request Act (D.C. Act 18–448), as modified as of the 

5 date of the enactment of this division. 

6 SEC. 1556. Notwithstanding section 1101, the level 

7 for ‘‘Independent Agencies, Christopher Columbus Fellow8 ship Foundation, Salaries and Expenses’’ shall be 

9 $500,000. 

10 SEC. 1557. Notwithstanding section 1101, the level 

11 for ‘‘Independent Agencies, Election Assistance Commis12 sion, Election Reform Programs’’ shall be $0. 

13 SEC. 1558. Notwithstanding section 1101, the level 

14 for ‘‘Independent Agencies, General Service Administra15 tion, General Activities, Government-Wide Policy’’ shall be 

16 $59,068,000. 

17 SEC. 1559. Notwithstanding section 1101, the level 

18 for ‘‘Independent Agencies, Federal Deposit Insurance 

19 Corporation, Office of the Inspector General’’ shall be 

20 $42,942,000. 

21 SEC. 1560. Notwithstanding section 1101, the level 

22 for ‘‘Independent Agencies, Federal Labor Relations Au23 thority, Salaries and Expenses’’ shall be $24,500,000. 


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1 SEC. 1561. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, General Services Administra3 tion, Electronic Government Fund’’ shall be $2,000,000. 

4 SEC. 1562. Notwithstanding section 1101, the level 

5 for ‘‘Independent Agencies, General Services Administra6 tion, Federal Citizen Services Fund’’ shall be 

7 $34,689,000. 

8 SEC. 1563. Notwithstanding section 1101, the level 

9 for ‘‘Independent Agencies, Federal Election Commission, 

10 Salaries and Expenses’’ shall be $65,835,000. 

11 SEC. 1564. Notwithstanding section 1101, the level 

12 for ‘‘Independent Agencies, Federal Trade Commission, 

13 Salaries and Expenses’’ shall be $288,783,000. 

14 SEC. 1565. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, Morris K. Udall and Stewart 

16 Udall Foundation, Morris K. Udall and Stewart Udall 

17 Trust Fund’’ shall be $1,000,000. 

18 SEC. 1566. Notwithstanding section 1101, the level 

19 for ‘‘Independent Agencies, National Credit Union Admin20 istration, Community Development Revolving Loan Fund’’ 

21 shall be $500,000. 

22 SEC. 1567. Notwithstanding section 1101, the level 

23 for ‘‘Independent Agencies, Privacy and Civil Liberties 

24 Oversight Board, Salaries and Expenses’’ shall be 

25 $100,000. 


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1 SEC. 1568. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, Consumer Product Safety 

3 Commission, Salaries and Expenses’’ shall be 

4 $115,018,000, of which $500,000 shall be for the Virginia 

5 Graeme Baker Pool and Spa Safety Act grant program. 

6 SEC. 1569. Of the unobligated balances available 

7 under the heading ‘‘Independent Agencies, Consumer 

8 Product Safety Commission, Salaries and Expenses’’ for 

9 the Virginia Graeme Baker Pool and Spa Safety Act grant 

10 program, $2,000,000 is rescinded. 

11 SEC. 1570. Notwithstanding section 1101, the level 

12 for ‘‘Independent Agencies, Election Assistance Commis13 sion, Salaries and Expenses’’ shall be $15,020,000, of 

14 which $2,345,000 shall be transferred to the National In15 stitute of Standards and Technology for election reform 

16 activities authorized under the Help America Vote Act of 

17 2002 (Public Law 107–252), the level under such heading 

18 for the Help America Vote College Program shall be $0, 

19 and the level under such heading for a competitive grant 

20 program to support community involvement in student 

21 and parent mock elections shall be $0. 

22 SEC. 1571. Of the unobligated balances available for 

23 ‘‘Independent Agencies, Election Assistance Commission, 

24 Election Reform Programs’’, $5,000,000 is rescinded. 


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1 SEC. 1572. Notwithstanding section 1101, the aggre2 gate amount of new obligational authority provided under 

3 the heading ‘‘Independent Agencies, General Services Ad4 ministration, Real Property Activities, Federal Buildings 

5 Fund, Limitations on Availability of Revenue’’ for Federal 

6 buildings and courthouses and other purposes of the Fund 

7 shall be $7,428,007,000, of which: (1) $0 is for ‘‘Con8 struction and Acquisition’’; and (2) $280,000,000 is for 

9 ‘‘Repairs and Alterations’’, of which $260,000,000 is for 

10 basic repairs and alterations and $20,000,000 is for fire 

11 and life safety programs. 

12 SEC. 1573. Notwithstanding section 1101, the level 

13 for ‘‘Independent Agencies, General Services Administra14 tion, General Activities, Operating Expenses’’ shall be 

15 $71,381,000 and matters pertaining to the amount of 

16 $1,000,000 shall not apply to funds appropriated by this 

17 division. 

18 SEC. 1574. Notwithstanding section 1101, the level 

19 for ‘‘Independent Agencies, National Archives and 

20 Records Administration, Operating Expenses’’ shall be 

21 $336,372,000. 

22 SEC. 1575. Notwithstanding section 1101, the level 

23 for ‘‘Independent Agencies, National Archives and 

24 Records Administration, Electronic Records Archives’’ 


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1 shall be $72,000,000, of which $52,500,000 shall remain 

2 available until September 30, 2013. 

3 SEC. 1576. Notwithstanding section 1101, the level 

4 for ‘‘Independent Agencies, National Archives and 

5 Records Administration, Repairs and Restoration’’ shall 

6 be $11,730,000. 

7 SEC. 1577. Notwithstanding section 1101, the level 

8 for ‘‘Independent Agencies, National Archives and 

9 Records Administration, National Historical Publications 

10 and Records Commission, Grants Program’’ shall be 

11 $4,000,000. 

12 SEC. 1578. Of the unobligated balances available 

13 under the heading ‘‘Independent Agencies, National Ar14 chives and Records Administration, Repairs and Restora15 tion’’ $3,198,000 is rescinded, which shall be derived from 

16 amounts made available for a new regional archives and 

17 records facility in Anchorage, Alaska. 

18 SEC. 1579. The amounts included under the heading 

19 ‘‘Independent Agencies, Merit Systems Protection Board, 

20 Salaries and Expenses’’ in division C of Public Law 111– 

21 117 shall be applied to funds appropriated by this division 

22 by substituting ‘‘$39,000,000’’ for ‘‘$40,339,000’’. 

23 SEC. 1580. The amounts included under the heading 

24 ‘‘Independent Agencies, Office of Personnel Management, 

25 Salaries and Expenses’’ in division C of Public Law 111– 


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1 117 shall be applied to funds appropriated by this division 

2 as follows: 

3 (1) By substituting ‘‘$101,270,000’’ for 

4 ‘‘$102,970,000’’. 

5 (2) By substituting ‘‘$111,038,000’’ for 

6 ‘‘$112,738,000’’. 

7 SEC. 1581. The amounts included under the heading 

8 ‘‘Independent Agencies, Office of Personnel Management, 

9 Office of Inspector General’’ in division C of Public Law 

10 111–117 shall be applied to funds appropriated by this 

11 division as follows: 

12 (1) By substituting ‘‘$2,136,000’’ for 

13 ‘‘$3,148,000’’. 

14 (2) By substituting ‘‘20,428,000’’ for 

15 ‘‘21,215,000’’. 

16 SEC. 1582. Notwithstanding section 1101, the level 

17 for ‘‘Independent Agencies, Office of Special Counsel, Sal18 aries and Expenses’’ shall be $18,300,000. 

19 SEC. 1583. Of the unobligated balances available for 

20 ‘‘Independent Agencies, Privacy and Civil Liberties Over21 sight Board, Salaries and Expenses’’, $1,500,000 is re22 scinded. 

23 SEC. 1584. Notwithstanding section 1101, the level 

24 provided under section 523 of division C of Public Law 

25 111–117 shall be $0. 


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1 SEC. 1585. Notwithstanding section 1101, the level 

2 for ‘‘Independent Agencies, Small Business Administra3 tion, Salaries and Expenses’’ shall be $408,438,000. 

4 SEC. 1586. The amounts included under the heading 

5 ‘‘Independent Agencies, United States Postal Service, 

6 Payment to the Postal Service Fund’’ in division C of Pub7 lic Law 111–117 shall be applied to funds appropriated 

8 by this division as follows: 

9 (1) By substituting ‘‘$103,905,000’’ for 

10 ‘‘$118,328,000’’. 

11 (2) By substituting ‘‘$74,905,000’’ for 

12 ‘‘$89,328,000’’. 

13 (3) By substituting ‘‘2011’’ for ‘‘2010’’. 

14 SEC. 1587. Notwithstanding section 1101, the level 

15 for ‘‘Independent Agencies, Securities and Exchange Com16 mission, Salaries and Expenses’’ shall be $1,069,916,000 

17 and the proviso pertaining to prior year unobligated bal18 ances shall not apply to funds appropriated by this divi19 sion. 

20 SEC. 1588. Notwithstanding section 1101, the level 

21 for ‘‘Independent Agencies, Selective Service System, Sal22 aries and Expenses’’ shall be $24,032,000. 

23 SEC. 1589. Notwithstanding section 1101, the level 

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1 aries and Expenses’’ shall be $52,093,000, of which 

2 $2,852,000 shall be for security improvements. 

3 SEC. 1590. Section 814 of division C of Public Law 

4 111–117 shall be applied to funds appropriated by this 

5 division by striking ‘‘Federal’’. 

6 SEC. 1591. (a) Notwithstanding section 1101, and 

7 section 810 of division C of Public Law 111–117, none 

8 of the funds contained in this division may be used for 

9 any program of distributing sterile needles or syringes for 

10 the hypodermic injection of any illegal drug. 

11 (b) Any individual or entity who receives any funds 

12 contained in this division and who carries out any program 

13 described in subsection (a) shall account for all funds used 

14 for such program separately from any funds contained in 

15 this division. 

16 TITLE VI—HOMELAND SECURITY 

17 SEC. 1601. Within 30 days after the date of enact18 ment of this division, the Department of Homeland Secu19 rity shall submit to the Committees on Appropriations of 

20 the Senate and the House of Representatives an expendi21 ture plan for fiscal year 2011 that displays the level of 

22 funding by program, project, and activity consistent with 

23 the table of detailed funding recommendations contained 

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1 panying the Department of Homeland Security Appropria2 tions Act, 2010 (Public Law 111–83). 

3 SEC. 1602. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, Office of the Sec5 retary and Executive Management’’ shall be 

6 $136,818,000. 

7 SEC. 1603. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Office of the 

9 Under Secretary for Management’’ shall be $239,933,000. 

10 SEC. 1604. Notwithstanding section 1101, the level 

11 for ‘‘Department of Homeland Security, Office of the 

12 Chief Information Officer’’ shall be $333,393,000, of 

13 which not less than $77,788,000 shall be available for data 

14 center development and migration. 

15 SEC. 1605. Notwithstanding section 1101, the level 

16 for ‘‘Department of Homeland Security, Office of the Fed17 eral Coordinator for Gulf Coast Rebuilding’’ shall be $0. 

18 SEC. 1606. Notwithstanding section 1101, the level 

19 for ‘‘Department of Homeland Security, U.S. Customs 

20 and Border Protection, Salaries and Expenses’’ shall be 

21 $8,212,626,000: Provided, That for fiscal year 2011, the 

22 Border Patrol shall maintain an active duty presence of 

23 not fewer than 20,500 full-time equivalent agents through24 out the fiscal year. 


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1 SEC. 1607. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, U.S. Customs 

3 and Border Protection, Automation Modernization’’ shall 

4 be $341,575,000, of which $153,090,000 shall be for the 

5 Automated Commercial Environment. 

6 SEC. 1608. (a) Notwithstanding section 1101, the 

7 level for ‘‘Department of Homeland Security, U.S. Cus8 toms and Border Protection, Border Security Fencing, In9 frastructure, and Technology’’ shall be $450,000,000. 

10 (b) Paragraph (11) of the first proviso and the third 

11 and fourth provisos under the heading ‘‘Border Security 

12 Fencing, Infrastructure, and Technology’’ of Public Law 

13 111–83 shall not apply to funds appropriated by this divi14 sion. 

15 SEC. 1609. Notwithstanding section 1101, the level 

16 for ‘‘Department of Homeland Security, U.S. Customs 

17 and Border Protection, Air and Marine Interdiction, Oper18 ations, Maintenance, and Procurement’’ shall be 

19 $516,326,000. 

20 SEC. 1610. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, U.S. Customs 

22 and Border Protection, Construction and Facilities Man23 agement’’ shall be $241,040,000. 

24 SEC. 1611. Notwithstanding section 1101, the level 

25 for ‘‘Department of Homeland Security, U.S. Immigration 


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1 and Customs Enforcement, Salaries and Expenses’’ shall 

2 be $5,399,894,000: Provided, That U.S. Immigration and 

3 Customs Enforcement shall maintain a level of not fewer 

4 than 33,400 detention beds throughout fiscal year 2011. 

5 SEC. 1612. Notwithstanding section 1101, the level 

6 for ‘‘Department of Homeland Security, U.S. Immigration 

7 and Customs Enforcement, Automation Modernization’’ 

8 shall be $75,000,000. 

9 SEC. 1613. Notwithstanding section 1101, the level 

10 for ‘‘Department of Homeland Security, U.S. Immigration 

11 and Customs Enforcement, Construction’’ shall be $0. 

12 SEC. 1614. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, Transportation 

14 Security Administration, Aviation Security’’ shall be 

15 $5,113,796,000: Provided, That the amounts included 

16 under such heading in Public Law 111–83 shall be applied 

17 to funds appropriated by this division as follows: by sub18 stituting ‘‘$5,113,796,000’’ for ‘‘$5,214,040,000’’; by 

19 substituting ‘‘$4,121,329,000’’ for ‘‘$4,358,076,000’’; by 

20 substituting ‘‘$607,891,000’’ for ‘‘$1,116,406,000’’; by 

21 substituting ‘‘$992,467,000’’ for ‘‘$855,964,000’’; by sub22 stituting ‘‘$291,266,000’’ for ‘‘$778,300,000’’; by sub23 stituting ‘‘9 percent’’ for ‘‘28 percent’’; and by sub24 stituting ‘‘$3,013,796,000’’ for ‘‘$3,114,040,000’’: Pro25 vided further, That none of the funds in this division may 


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1 be used for any recruiting or hiring of personnel into the 

2 Transportation Security Administration that would cause 

3 the agency to exceed a staffing level of 46,000 full-time 

4 equivalent screeners: Provided further, That not later than 

5 August 15, 2011, the Secretary of Homeland Security 

6 shall submit a detailed report on: (1) the Department’s 

7 efforts and the resources being devoted to develop more 

8 advanced, integrated passenger screening technologies for 

9 the most effective security of passengers and baggage at 

10 the lowest possible operating and acquisition costs; and 

11 (2) how the Transportation Security Administration is de12 ploying its existing screener workforce in the most cost13 effective manner. 

14 SEC. 1615. Notwithstanding section 1101, the level 

15 for ‘‘Department of Homeland Security, Transportation 

16 Security Administration, Surface Transportation Secu17 rity’’ shall be $105,961,000. 

18 SEC. 1616. Notwithstanding section 1101, the level 

19 for ‘‘Department of Homeland Security, Transportation 

20 Security Administration, Transportation Threat Assess21 ment and Credentialing’’ shall be $162,999,000. 

22 SEC. 1617. Notwithstanding section 1101, the level 

23 for ‘‘Department of Homeland Security, Transportation 

24 Security Administration, Transportation Security Sup25 port’’ shall be $988,638,000: Provided, That within ‘‘DeVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 partment of Homeland Security, Transportation Security 

2 Administration, Transportation Security Support’’, fund3 ing for intelligence and international programs shall be no 

4 less than the level provided for such purposes for fiscal 

5 year 2010: Provided further, That within ‘‘Department of 

6 Homeland Security, Transportation Security Administra7 tion, Transportation Security Support’’, funding for head8 quarters administration and information technology shall 

9 not exceed $705,239,000. 

10 SEC. 1618. Notwithstanding section 1101, the level 

11 for ‘‘Department of Homeland Security, Transportation 

12 Security Administration, Federal Air Marshals’’ shall be 

13 $934,802,000. 

14 SEC. 1619. Notwithstanding section 1101, the level 

15 for ‘‘Department of Homeland Security, Coast Guard, Op16 erating Expenses’’ shall be $6,885,432,000 of which 

17 $241,503,000 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): Provided, 

22 That the Coast Guard may decommission one Medium En23 durance Cutter, two High Endurance Cutters, four HU– 

24 25 aircraft, and one Maritime Safety and Security Team, 

25 and may make necessary staffing adjustments at the 


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1 Coast Guard Investigative Service and other support 

2 units, as specified in the budget justification materials for 

3 fiscal year 2011 as submitted to the Committees on Ap4 propriations of the Senate and House of Representatives: 

5 Provided further, That the Coast Guard shall submit a fu6 ture-years capital investment plan, as specified in the De7 partment of Homeland Security Appropriations Act, 2010 

8 (Public Law 111–83), for fiscal years 2012 through 2016 

9 to the Committees on Appropriations of the Senate and 

10 House of Representatives in conjunction with the budget 

11 justification materials for fiscal year 2012. 

12 SEC. 1620. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, Coast Guard, Ac14 quisition, Construction, and Improvements’’ shall be 

15 $1,427,783,000, of which $42,000,000 shall be for vessels, 

16 small boats, critical infrastructure, and related equipment; 

17 of which $36,000,000 shall be for other equipment; of 

18 which $49,200,000 shall be for shore facilities and aids 

19 to navigation facilities; of which $106,083,000 shall be 

20 available for personnel compensation and benefits and re21 lated costs; and of which $1,194,500,000 shall be for the 

22 Integrated Deepwater Systems program: Provided, That 

23 of the funds made available for the Integrated Deepwater 

24 Systems program, $101,000,000 is for aircraft and 

25 $938,000,000 is for surface ships. 


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1 SEC. 1621. Notwithstanding section 1101, the level 

2 for ‘‘Department of Homeland Security, Coast Guard, Al3 teration of Bridges’’ shall be $0. 

4 SEC. 1622. Notwithstanding section 1101, the level 

5 for ‘‘Department of Homeland Security, United States Se6 cret Service, Salaries and Expenses’’ shall be 

7 $1,499,669,000. 

8 SEC. 1623. Notwithstanding section 1101, the level 

9 for ‘‘Department of Homeland Security, National Protec10 tion and Programs Directorate, Management and Admin11 istration’’ shall be $43,577,000. 

12 SEC. 1624. Notwithstanding section 1101, the level 

13 for ‘‘Department of Homeland Security, National Protec14 tion and Programs Directorate, Infrastructure Protection 

15 and Information Security’’ shall be $805,965,000. 

16 SEC. 1625. Notwithstanding section 1101, the level 

17 for ‘‘Department of Homeland Security, National Protec18 tion and Programs Directorate, United States Visitor and 

19 Immigrant Status Indicator Technology’’ shall be 

20 $334,613,000. 

21 SEC. 1626. Notwithstanding section 1101, the level 

22 for ‘‘Department of Homeland Security, Office of Health 

23 Affairs’’ shall be $134,250,000. 

24 SEC. 1627. Notwithstanding section 1101, the level 

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1 gency Management Agency, Management and Administra2 tion’’ shall be $773,350,000, of which $0 shall be for cap3 ital improvements at the Mount Weather Emergency Op4 erations Center. 

5 SEC. 1628. Notwithstanding section 1101, the level 

6 for ‘‘Department of Homeland Security, Federal Emer7 gency Management Agency, State and Local Programs’’ 

8 shall be $2,149,500,000: Provided, That of the amount 

9 provided by this division for the State Homeland Security 

10 Grant Program under such heading, $50,000,000 shall be 

11 for the Driver’s License Security Grant Program and 

12 $10,000,000 shall be for the Citizen Corps Program: Pro13 vided further, That the amounts provided by this division 

14 for the Citizen Corps Program under such heading shall 

15 not be subject to the requirements of subtitle A of title 

16 XX of the Homeland Security Act of 2002 (6 U.S.C. 603 

17 et seq.): Provided further, That the amounts included 

18 under such heading in Public Law 111–83 shall be applied 

19 to funds appropriated by this division as follows: in para20 graph (1), by substituting ‘‘$900,000,000’’ for 

21 ‘‘$950,000,000’’; in paragraph (2), by substituting 

22 ‘‘$800,000,000’’ for ‘‘$887,000,000’’; in paragraph (3), 

23 by substituting ‘‘$0’’ for ‘‘$35,000,000’’; in paragraph 

24 (5), by substituting ‘‘$0’’ for ‘‘$13,000,000’’; in para25 graph (6), by substituting ‘‘$100,000,000’’ for 


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1 ‘‘$300,000,000’’; in paragraph (7), by substituting 

2 ‘‘$100,000,000’’ for ‘‘$300,000,000’’; in paragraph (8), 

3 by substituting ‘‘$5,000,000’’ for ‘‘$12,000,000’’; in para4 graph (9), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; in 

5 paragraph (10), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; 

6 in paragraph (11), by substituting ‘‘$0’’ for 

7 ‘‘$50,000,000’’; in paragraph (12), by substituting ‘‘$0’’ 

8 for each amount in such paragraph; in paragraph (13), 

9 by substituting ‘‘$203,500,000’’ for ‘‘$267,200,000’’; in 

10 paragraph (13)(A), by substituting ‘‘$112,500,000’’ for 

11 ‘‘$164,500,000’’; in paragraph (13)(B), by substituting 

12 ‘‘$0’’ for ‘‘$1,700,000’’; and in paragraph (13)(C), by sub13 stituting ‘‘$0’’ for ‘‘$3,000,000’’: Provided further, That 

14 4.5 percent of the amount provided for ‘‘Department of 

15 Homeland Security, Federal Emergency Management 

16 Agency, State and Local Programs’’ by this division shall 

17 be transferred to ‘‘Department of Homeland Security, 

18 Federal Emergency Management Agency, Management 

19 and Administration’’ for program administration. 

20 SEC. 1629. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Federal Emer22 gency Management Agency, Firefighter Assistance 

23 Grants’’ for programs authorized by the Federal Fire Pre24 vention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

25 shall be $300,000,000 (increased by $510,000,000), of 


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1 which $300,000,000 (increased by $90,000,000) shall be 

2 available to carry out section 33 of that Act (15 U.S.C. 

3 2229) and $0 (increased by $420,000,000) shall be avail4 able to carry out section 34 of that Act (15 U.S.C. 2229a). 

5 SEC. 1630. Notwithstanding section 1101, the level 

6 for ‘‘Department of Homeland Security, Federal Emer7 gency Management Agency, Emergency Management Per8 formance Grants’’ shall be $300,000,000. 

9 SEC. 1631. Notwithstanding section 1101, the level 

10 for ‘‘Department of Homeland Security, Federal Emer11 gency Management Agency, Disaster Relief’’ shall be 

12 $3,165,000,000. 

13 SEC. 1632. Notwithstanding section 1101, in fiscal 

14 year 2011, funds shall not be available from the National 

15 Flood Insurance Fund under section 1310 of the National 

16 Flood Insurance Act of 1968 (42 U.S.C. 4017) for oper17 ating expenses in excess of $110,000,000, and for agents’ 

18 commissions and taxes in excess of $963,339,000: Pro19 vided, That notwithstanding section 1101, for activities 

20 under the National Flood Insurance Act of 1968 (42 

21 U.S.C. 4001 et seq.) and the Flood Disaster Protection 

22 Act of 1973 (42 U.S.C. 4001 et seq.), the level shall be 

23 $169,000,000, which shall be derived from offsetting col24 lections assessed and collected under 1308(d) of the Na25 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 


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1 of which not to exceed $22,145,000 shall be available for 

2 salaries and expenses associated with flood mitigation and 

3 flood insurance operations; and not less than 

4 $146,855,000 shall be available for floodplain manage5 ment and flood mapping, which shall remain available 

6 until September 30, 2012. 

7 SEC. 1633. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Federal Emer9 gency Management Agency, National Predisaster Mitiga10 tion Fund’’ shall be $65,000,000. 

11 SEC. 1634. Notwithstanding section 1101, the level 

12 for ‘‘Department of Homeland Security, Federal Emer13 gency Management Agency, Emergency Food and Shel14 ter’’ shall be $100,000,000. 

15 SEC. 1635. Notwithstanding section 1101, the level 

16 for ‘‘Department of Homeland Security, United States 

17 Citizenship and Immigration Services’’ shall be 

18 $275,776,000, of which $151,376,000 is for processing 

19 applications for asylum and refugee status, and of which 

20 $103,400,000 shall be for the E–Verify Program: Pro21 vided, That none of the funds made available under this 

22 heading may be used for grants for immigrant integration. 

23 SEC. 1636. Notwithstanding section 1101, the level 

24 for ‘‘Department of Homeland Security, Federal Law En25 forcement Training Center, Acquisitions, Construction, 


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1 Improvements, and Related Expenses’’ shall be 

2 $38,456,000. 

3 SEC. 1637. Notwithstanding section 1101, the level 

4 for ‘‘Department of Homeland Security, Science and 

5 Technology, Management and Administration’’ shall be 

6 $141,200,000. 

7 SEC. 1638. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Science and 

9 Technology, Research, Development, Acquisition, and Op10 erations’’ shall be $778,906,000 (reduced by 

11 $510,000,000): Provided, That the final proviso included 

12 under the heading ‘‘Department of Homeland Security, 

13 Science and Technology, Research, Development, Acquisi14 tion, and Operations’’ in the Department of Homeland Se15 curity Appropriations Act, 2010 (Public Law 111–83) 

16 shall have no force or effect. 

17 SEC. 1639. Notwithstanding section 1101, the level 

18 for ‘‘Department of Homeland Security, Domestic Nuclear 

19 Detection Office, Management and Administration’’ shall 

20 be $36,992,000. 

21 SEC. 1640. Notwithstanding section 1101, the level 

22 for ‘‘Department of Homeland Security, Domestic Nuclear 

23 Detection Office, Research, Development, and Oper24 ations’’ shall be $293,537,000. 


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1 SEC. 1641. (a) Section 560 of Public Law 111–83 

2 shall not apply to funds appropriated by this division. 

3 (b) Upon completion of 50 percent of design planning 

4 for the National Bio- and Agro-Defense Facility, and prior 

5 to construction of that facility, the Department of Home6 land Security shall submit to the Committees on Appro7 priations of the Senate and the House of Representatives 

8 a revised site-specific biosafety and biosecurity mitigation 

9 risk assessment that describes how to significantly reduce 

10 risks of conducting essential research and diagnostic test11 ing at the National Bio- and Agro-Defense Facility and 

12 addresses shortcomings identified in the National Acad13 emy of Sciences’ evaluation of the initial site-specific bio14 safety and biosecurity mitigation risk assessment. 

15 (c) The revised site-specific biosafety and biosecurity 

16 mitigation risk assessment required by subsection (b) 

17 shall— 

18 (1) include a quantitative risk assessment for 

19 foot-and-mouth disease virus, in particular epidemio20 logical and economic impact modeling to determine 

21 the overall risk of operating the facility for its ex22 pected 50-year life span, taking into account strate23 gies to mitigate risk of foot-and-mouth disease virus 

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1 ations at the approved National Bio- and Agro-De2 fense Facility site; 

3 (2) address the impact of surveillance, response, 

4 and mitigation plans (developed in consultation with 

5 local, State, and Federal authorities and appropriate 

6 stakeholders) if a release occurs, to detect and con7 trol the spread of disease; and 

8 (3) include overall risks of the most dangerous 

9 pathogens the Department of Homeland Security ex10 pects to hold in the National Bio- and Agro-Defense 

11 Facility’s biosafety level 4 facility, and effectiveness 

12 of mitigation strategies to reduce those risks. 

13 (d) The Department of Homeland Security shall 

14 enter into a contract with the National Academy of 

15 Sciences to evaluate the adequacy and validity of the risk 

16 assessment required by subsection (b). The National 

17 Academy of Sciences shall submit a report on such evalua18 tion within four months after the date the Department 

19 of Homeland Security concludes its risk assessment. 

20 SEC. 1642. Section 503 of the Department of Home21 land Security Appropriations Act, 2010 (Public Law 111– 

22 83) is amended by adding at the end the following: 

23 ‘‘(e) The notification thresholds and procedures set 

24 forth in this section shall apply to deviations from the 

25 amounts designated for specific activities in this Act and 


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1 accompanying statement, and to any use of deobligated 

2 balances of funds provided under this title in previous 

3 years.’’. 

4 SEC. 1643. For fiscal year 2011, sections 529, 541, 

5 and 545 of the Department of Homeland Security Appro6 priations Act, 2010 (Public Law 111–83; 123 Stat. 2174, 

7 2176) shall have no force or effect. 

8 SEC. 1644. Section 831 of the Homeland Security 

9 Act of 2002 (6 U.S.C. 391) is amended— 

10 (1) in subsection (a), by striking ‘‘Until Sep11 tember 30, 2010,’’ and inserting ‘‘Until September 

12 30, 2011,’’; and 

13 (2) in subsection (d)(1), by striking ‘‘September 

14 30, 2010,’’ and inserting ‘‘September 30, 2011,’’. 

15 SEC. 1645. Section 532(a) of Public Law 109–295 

16 (120 Stat. 1384) is amended by striking ‘‘2010’’ and in17 serting ‘‘2011’’. 

18 SEC. 1646. Of the funds transferred to the Depart19 ment of Homeland Security when it was created in 2003, 

20 the following funds are hereby rescinded from the fol21 lowing accounts and programs in the specified amounts: 

22 (1) ‘‘Operations’’, $1,891,657. 

23 (2) ‘‘Violent Crime Reduction Program’’, 

24 $4,912,245. 


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1 (3) ‘‘U.S. Customs and Border Protection, Sal2 aries and Expenses’’, $21,210,423. 

3 (4) ‘‘Office for Domestic Preparedness’’, 

4 $10,568,964. 

5 SEC. 1647. The following unobligated balances made 

6 available to the Department of Homeland Security pursu7 ant to section 505 of Department of Homeland Security 

8 Appropriations Act, 2010 (Public Law 111–83; 123 Stat. 

9 2174) are rescinded: $886,665 from ‘‘Office of the Sec10 retary and Executive Management’’; $604,342 from ‘‘Of11 fice of the Under Secretary for Management’’; $24,379 

12 from the ‘‘Office of the Chief Financial Officer’’; $29,741 

13 from ‘‘Office of the Chief Information Officer’’; $218,173 

14 from ‘‘Analysis and Operations’’; $76,498 from ‘‘Office of 

15 the Federal Coordinator for Gulf Coast Rebuilding’’; 

16 $197,272 from ‘‘Office of Inspector General’’; 

17 $11,373,129 from ‘‘U.S. Customs and Border Protection, 

18 Salaries and Expenses’’; $691,552 from ‘‘U.S. Immigra19 tion and Customs Enforcement, Salaries and Expenses’’; 

20 $2,555,962 from ‘‘Transportation Security Administra21 tion, Federal Air Marshals’’; $8,617,331 from ‘‘Coast 

22 Guard, Operating Expenses’’; $2,965,312 from ‘‘Coast 

23 Guard, Reserve Training’’; $83,784 from ‘‘National Pro24 tection and Programs Directorate, Management and Ad25 ministration’’; $551,737 from ‘‘National Protection and 


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1 Programs Directorate, Infrastructure Protection and In2 formation Security’’; $704,700 from ‘‘United States Se3 cret Service, Salaries and Expenses’’; $863,628 from 

4 ‘‘Federal Emergency Management Agency, Management 

5 and Administration’’; $864,660 from ‘‘Office of Health 

6 Affairs’’; $7,945,983 from ‘‘United States Citizenship and 

7 Immigration Services’’; $960,828 from ‘‘Federal Law En8 forcement Training Center, Salaries and Expenses’’; 

9 $353,524 from ‘‘Science and Technology, Management 

10 and Administration’’; and $45,468 from ‘‘Domestic Nu11 clear Detection Office, Management and Administration’’. 

12 SEC. 1648. Of the funds appropriated to the Depart13 ment of Homeland Security, the following unobligated bal14 ances are hereby rescinded from the following accounts 

15 and programs in the specified amounts: 

16 (1) ‘‘Department of Homeland Security, U.S. 

17 Customs and Border Protection, Automation Mod18 ernization’’, $10,000,000. 

19 (2) ‘‘Department of Homeland Security, U.S. 

20 Customs and Border Protection, Border Security 

21 Fencing, Infrastructure, and Technology’’, 

22 $119,000,000. 

23 (3) ‘‘Department of Homeland Security, Office 

24 of Health Affairs’’, $5,562,000. 


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1 (4) ‘‘Department of Homeland Security, Fed2 eral Emergency Management Agency, National 

3 Predisaster Mitigation Fund’’, $18,173,641. 

4 (5) ‘‘Department of Homeland Security, 

5 Science and Technology, Research, Development, 

6 Acquisition, and Operations’’, $8,500,000. 

7 (6) ‘‘Department of Homeland Security, Do8 mestic Nuclear Detection Office, Research, Develop9 ment, and Operations’’, $17,100,000. 

10 (7) ‘‘Department of Homeland Security, Coast 

11 Guard, Acquisition, Construction, and Improve12 ments’’, $1,122,000. 

13 SEC. 1649. Of the unobligated balances available for 

14 ‘‘Department of Homeland Security, U.S. Customs and 

15 Border Protection, Construction’’ for construction 

16 projects, $106,556,000 is rescinded: Provided, That the 

17 amounts rescinded under this section shall be limited to 

18 amounts available for Border Patrol projects and facilities 

19 as recommended by the Department of Homeland Security 

20 in the fiscal year 2011 budget request. 

21 SEC. 1650. Of the unobligated balances made avail22 able under section 44945 of title 49, United States Code, 

23 $800,000 is rescinded. 

24 SEC. 1651. Of the unobligated balances available for 

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1 rity Administration’’, $15,000,000 is rescinded: Provided, 

2 That the Transportation Security Administration shall not 

3 rescind any unobligated balances from the following pro4 grams: explosives detection systems; checkpoint support; 

5 aviation regulation and other enforcement; and air cargo. 

6 SEC. 1652. Of the unobligated balances available for 

7 ‘‘Department of Homeland Security, National Protection 

8 and Programs Directorate, Infrastructure Protection and 

9 Information Security’’, the following amounts are re10 scinded: 

11 (1) $6,000,000 from Next Generation Net12 works. 

13 (2) $9,600,000 to be specified in a report sub14 mitted by the Secretary of Homeland Security to the 

15 Committees on Appropriations of the Senate and the 

16 House of Representatives no later than 15 days 

17 after the date of enactment of this division, that de18 scribes the amounts rescinded and the original pur19 pose of such funds. 

20 SEC. 1653. From the unobligated balances of funds 

21 made available in the Department of the Treasury For22 feiture Fund established by section 9703 of title 31, 

23 United States Code, that was added to such title by sec24 tion 638 of Public Law 102–393, $22,600,000 is re25 scinded. 


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1 TITLE VII—INTERIOR, ENVIRONMENT, AND 

2 RELATED AGENCIES 

3 SEC. 1701. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, Bureau of Land Manage5 ment, Management of Lands and Resources’’ shall be 

6 $927,523,000 (reduced by $2,000,000): Provided, That 

7 the amounts included under such heading in division A 

8 of Public Law 111–88 shall be applied to funds appro9 priated by this division by substituting ‘‘$927,523,000 (re10 duced by $2,000,000)’’ for ‘‘$959,571,000’’ the second 

11 place it appears. 

12 SEC. 1702. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, Bureau of Land Manage14 ment, Construction’’ shall be $2,590,000: Provided, That 

15 no less than $1,000,000 in available, unobligated prior16 year funds shall be used in addition to amounts provided 

17 by this division. 

18 SEC. 1703. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, Bureau of Land Manage20 ment, Land Acquisition’’ shall be $2,750,000: Provided, 

21 That no less than $2,250,000 in available, unobligated 

22 prior-year funds shall be used in addition to amounts pro23 vided by this division: Provided further, That the proviso 

24 under such heading in division A of Public Law 111–88 

25 shall not apply to funds appropriated by this division. 


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1 SEC. 1704. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, United States Fish and 

3 Wildlife Service, Resource Management’’ shall be 

4 $1,204,240,000: Provided, That the amounts included 

5 under such heading in division A of Public Law 111–88 

6 shall be applied to funds appropriated by this division as 

7 follows: by substituting ‘‘$20,945,000’’ for 

8 ‘‘$22,103,000’’; and by substituting ‘‘$10,548,000’’ for 

9 ‘‘$11,632,000’’. 

10 SEC. 1705. Notwithstanding section 1101, the level 

11 for ‘‘Department of the Interior, United States Fish and 

12 Wildlife Service, Construction’’ shall be $23,737,000. 

13 SEC. 1706. Notwithstanding section 1101, the level 

14 for ‘‘Department of the Interior, United States Fish and 

15 Wildlife Service, Land Acquisition’’ shall be $15,055,000: 

16 Provided, That no less than $2,500,000 in available, unob17 ligated prior-year funds shall be used in addition to 

18 amounts provided by this division. 

19 SEC. 1707. Of the unobligated amounts under the 

20 heading ‘‘Department of the Interior, United States Fish 

21 and Wildlife Service, Landowner Incentive Program’’ from 

22 prior year appropriations, all remaining amounts are re23 scinded. 

24 SEC. 1708. Notwithstanding section 1101, the level 

25 for ‘‘Department of the Interior, United States Fish and 


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1 Wildlife Service, Cooperative Endangered Species Con2 servation Fund’’ shall be $2,479,000: Provided, That the 

3 amounts included under such heading in division A of 

4 Public Law 111–88 shall be applied to funds appropriated 

5 by this division as follows: by substituting ‘‘$2,479,000’’ 

6 for ‘‘$29,000,000’’; by substituting ‘‘$0’’ for 

7 ‘‘$5,145,706’’; and by substituting ‘‘$0’’ for 

8 ‘‘$56,000,000’’. 

9 SEC. 1709. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Interior, United States Fish and 

11 Wildlife Service, North American Wetlands Conservation 

12 Fund’’ shall be $0. 

13 SEC. 1710. Notwithstanding section 1101, the level 

14 for ‘‘Department of the Interior, United States Fish and 

15 Wildlife Service, Neotropical Migratory Bird Conserva16 tion’’ shall be $4,430,000. 

17 SEC. 1711. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, United States Fish and 

19 Wildlife Service, Multinational Species Conservation 

20 Fund’’ shall be $7,875,000. 

21 SEC. 1712. Notwithstanding section 1101, the level 

22 for ‘‘Department of the Interior, United States Fish and 

23 Wildlife Service, State and Tribal Wildlife Grants’’ shall 

24 be $0. 


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1 SEC. 1713. Before the end of the 60-day period be2 ginning on the date of enactment of this division, the Sec3 retary of the Interior shall reissue the final rule published 

4 on April 2, 2009 (74 Fed. Reg. 15123 et seq.) without 

5 regard to any other provision of statute or regulation that 

6 applies to issuance of such rule. Such reissuance (includ7 ing this section) shall not be subject to judicial review. 

8 SEC. 1714. Notwithstanding section 1101, the level 

9 for ‘‘Department of the Interior, National Park Service, 

10 Operation of the National Park System’’ shall be 

11 $2,237,674,000. 

12 SEC. 1715. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, National Park Service, 

14 Park Partnership Project Grants’’ shall be $0 and the 

15 matters pertaining to such account in division A of Public 

16 Law 111–88 shall not apply to funds appropriated by this 

17 division. 

18 SEC. 1716. Notwithstanding section 1101, the level 

19 for ‘‘Department of the Interior, National Park Service, 

20 National Recreation and Preservation’’ shall be 

21 $57,829,000, of which $0 shall be for projects authorized 

22 by section 7302 of Public Law 111–11. 

23 SEC. 1717. Notwithstanding section 1101, the level 

24 for ‘‘Department of the Interior, National Park Service, 

25 Historic Preservation Fund’’ shall be $54,500,000: ProVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 vided, That the amounts included under such heading in 

2 division A of Public Law 111–88 shall be applied to funds 

3 appropriated by this division by substituting ‘‘$0’’ for 

4 ‘‘$25,000,000’’: Provided further, That the proviso under 

5 such heading in division A of Public Law 111–88 shall 

6 not apply to funds appropriated by this division. 

7 SEC. 1718. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Interior, National Park Service, 

9 Construction’’ shall be $171,713,000: Provided, That the 

10 last proviso under such heading in division A of Public 

11 Law 111–88 shall not apply to funds appropriated by this 

12 division: Provided further, That of the unobligated bal13 ances available under such heading in division A of Public 

14 Law 111–88 and in prior appropriation Acts, $1,000,000 

15 is rescinded from amounts made available for the (now 

16 completed) project at Cape Hatteras National Seashore, 

17 North Carolina, and $1,000,000 is rescinded from 

18 amounts made available for the (now completed) project 

19 at Blue Ridge Parkway, North Carolina, and such unobli20 gated balances are reduced accordingly: Provided further, 

21 That no less than $23,000,000 in available, unobligated 

22 prior-year funds shall be used in addition to amounts pro23 vided by this division. 

24 SEC. 1719. The contract authority provided for fiscal 

25 year 2011 by 16 U.S.C. 460l–10a is rescinded. 


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1 SEC. 1720. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, National Park Service, 

3 Land Acquisition and State Assistance’’ shall be 

4 $14,100,000: Provided, That the amounts included under 

5 such heading in division A of Public Law 111–88 shall 

6 be applied to funds appropriated by this division as fol7 lows: by substituting ‘‘$0’’ for ‘‘$40,000,000’’; and by sub8 stituting ‘‘$0’’ for ‘‘$9,000,000’’: Provided further, That 

9 no less than $3,400,000 in available, unobligated prior10 year funds shall be used in addition to amounts provided 

11 by this division: Provided further, That section 113 of divi12 sion A of Public Law 111–88 shall not apply to funds ap13 propriated by this division. 

14 SEC. 1721. Notwithstanding section 1101, the level 

15 for ‘‘Department of the Interior, United States Geological 

16 Survey, Surveys, Investigations, and Research’’ shall be 

17 $1,086,163,000: Provided, That the amounts included 

18 under such heading in division A of Public Law 111–88 

19 shall be applied to funds appropriated by this division as 

20 follows: by substituting ‘‘$53,500,000’’ for 

21 ‘‘$40,150,000’’; and by substituting ‘‘$4,807,000’’ for 

22 ‘‘$7,321,000’’. 

23 SEC. 1722. Notwithstanding section 1101, the level 

24 for ‘‘Department of the Interior, Minerals Management 

25 Service, Royalty and Offshore Minerals Management’’ 


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1 shall be $239,478,000: Provided, That the amounts in2 cluded under such heading in division A of Public Law 

3 111–88 shall be applied to funds appropriated by this divi4 sion as follows: by substituting ‘‘$109,494,000’’ for 

5 ‘‘$89,374,000’’; and by substituting ‘‘$154,890,000’’ for 

6 ‘‘$156,730,000’’ each place it appears. 

7 SEC. 1723. Notwithstanding section 1101, the level 

8 for ‘‘Department of the Interior, Minerals Management 

9 Service, Oil Spill Research’’ shall be $10,632,000. 

10 SEC. 1724. During fiscal year 2011, the Secretary 

11 of the Interior, in order to implement a reorganization of 

12 the Bureau of Ocean Energy Management, Regulation, 

13 and Enforcement, may establish accounts and transfer 

14 funds among and between the offices and bureaus affected 

15 by the reorganization only in conformance with the House 

16 and Senate Committees on Appropriations reprogramming 

17 guidelines described in the joint explanatory statement of 

18 managers accompanying Public Law 111–88. 

19 SEC. 1725. Notwithstanding section 1101, the level 

20 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

21 Operation of Indian Programs’’ shall be $2,336,865,000: 

22 Provided, That the amounts included under such heading 

23 in division A of Public Law 111–88 shall be applied to 

24 funds appropriated by this division as follows: by sub25 stituting ‘‘$220,000,000’’ for ‘‘$166,000,000’’; by subVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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1 stituting ‘‘$585,779,000’’ for ‘‘$568,702,000’’; and by 

2 substituting ‘‘$46,129,000’’ for ‘‘$43,373,000’’. 

3 SEC. 1726. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

5 Construction’’ shall be $216,100,000. 

6 SEC. 1727. Notwithstanding section 1101, the level 

7 for ‘‘Department of the Interior, Bureau of Indian Affairs, 

8 Indian Land and Water Claim Settlements and Miscella9 neous Payments to Indians’’ shall be $46,480,000, of 

10 which $0 shall be for the matter pertaining to Public Law 

11 109–379. 

12 SEC. 1728. Notwithstanding section 1101, the level 

13 for ‘‘Department of the Interior, Departmental Offices, 

14 Office of the Secretary, Salaries and Expenses’’ shall be 

15 $117,336,000: 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 ‘‘$10,636,000’’ for ‘‘$12,136,000’’. 

19 SEC. 1729. Notwithstanding section 1101, the level 

20 for ‘‘Department of the Interior, Departmental Offices, 

21 Insular Affairs, Assistance to Territories’’ shall be 

22 $78,516,000: Provided, That the amounts included under 

23 such heading in division A of Public Law 111–88 shall 

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1 lows: by substituting ‘‘$69,590,000’’ for ‘‘$75,915,000’’; 

2 and by substituting ‘‘$8,926,000’’ for ‘‘$9,280,000’’. 

3 SEC. 1730. Notwithstanding section 1101, the level 

4 for ‘‘Department of the Interior, Departmental Offices, 

5 Insular Affairs, Compact of Free Association’’ shall be 

6 $5,422,000: Provided, That $2,104,000 of such funds 

7 shall be available for section 122 of division A of Public 

8 Law 111–88. 

9 SEC. 1731. Notwithstanding section 1101, the level 

10 for ‘‘Department of the Interior, Departmental Offices, 

11 Office of the Solicitor, Salaries and Expenses’’ shall be 

12 $64,845,000. 

13 SEC. 1732. Notwithstanding section 1101, the level 

14 for ‘‘Department of the Interior, Departmental Offices, 

15 Office of Inspector General, Salaries and Expenses’’ shall 

16 be $48,389,000. 

17 SEC. 1733. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, Departmental Offices, 

19 Office of the Special Trustee for American Indians, Fed20 eral Trust Programs’’ shall be $168,115,000: Provided, 

21 That the amounts included under such heading in division 

22 A of Public Law 111–88, as amended by Public Law 111– 

23 212, shall be applied to funds appropriated by this division 

24 by substituting ‘‘$31,534,000’’ for ‘‘$47,536,000’’. 


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1 SEC. 1734. Notwithstanding section 1101, the level 

2 for ‘‘Department of the Interior, Department-wide Pro3 grams, Wildland Fire Management’’ shall be 

4 $769,897,000: Provided, That the amounts included under 

5 such heading in division A of Public Law 111–88 shall 

6 be applied to funds appropriated by this division by sub7 stituting ‘‘$150,000,000’’ for ‘‘$125,000,000’’. 

8 SEC. 1735. Notwithstanding section 1101, the level 

9 for ‘‘Department of the Interior, Department-wide Pro10 grams, Natural Resource Damage Assessment and Res11 toration, Natural Resource Damage Assessment Fund’’ 

12 shall be $6,320,000. 

13 SEC. 1736. Notwithstanding section 1101, the level 

14 for ‘‘Department of the Interior, Department-wide Pro15 grams, Working Capital Fund’’ shall be $80,119,000. 

16 SEC. 1737. Notwithstanding section 1101, the level 

17 for ‘‘Environmental Protection Agency, Science and Tech18 nology’’ shall be $790,510,000. 

19 SEC. 1738. Notwithstanding section 1101, the level 

20 for ‘‘Environmental Protection Agency, Environmental 

21 Programs and Management’’ shall be $2,571,099,000 (re22 duced by $8,458,000): Provided, That of the funds in23 cluded under this heading $305,784,000 shall be for the 

24 Geographic Programs specified in the explanatory state25 ment accompanying Public Law 111–88: Provided further, 


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1 That of such amount for Geographic Programs, 

2 $225,000,000 shall be for the Great Lakes Restoration 

3 Initiative; $40,000,000 shall be for Chesapeake Bay; and 

4 $20,000,000 shall be for Puget Sound. 

5 SEC. 1739. The matter pertaining to planning and 

6 design of a high-performance green building to consolidate 

7 the multiple offices and research facilities of the Environ8 mental Protection Agency in Las Vegas, Nevada under the 

9 heading ‘‘Environmental Protection Agency, Buildings 

10 and Facilities’’ in division A of Public Law 111–88 shall 

11 not apply to funds appropriated by this division. 

12 SEC. 1740. Notwithstanding section 1101, the level 

13 for ‘‘Environmental Protection Agency, Hazardous Sub14 stance Superfund’’ shall be $1,273,765,000: Provided, 

15 That the matter under such heading in division A of Pub16 lic Law 111–88 shall be applied to funds appropriated by 

17 this division as follows: by substituting ‘‘$1,273,765,000’’ 

18 for ‘‘$1,306,541,000’’ the second place it appears; by sub19 stituting ‘‘September 30, 2010’’ for ‘‘September 30, 

20 2009’’; and by substituting ‘‘$24,527,000’’ for 

21 ‘‘$26,834,000’’. 

22 SEC. 1741. Notwithstanding section 1101, the level 

23 for ‘‘Environmental Protection Agency, Leaking Under24 ground Storage Tank Trust Fund Program’’ shall be 

25 $106,101,000, of which $71,671,000 shall be for carrying 


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1 out leaking underground storage tank cleanup activities 

2 authorized by section 9003(h) of the Solid Waste Disposal 

3 Act (42 U.S.C. 6991b(h)). 

4 SEC. 1742. Notwithstanding section 1101, the level 

5 for ‘‘Environmental Protection Agency, State and Tribal 

6 Assistance Grants’’ shall be $2,716,446,000 (reduced by 

7 $10,000,000): Provided, That the amounts included under 

8 such heading in division A of Public Law 111–88 shall 

9 be applied to funds appropriated by this division as fol10 lows: by substituting ‘‘$690,000,000’’ for 

11 ‘‘$2,100,000,000’’; by substituting ‘‘$830,000,000’’ for 

12 ‘‘$1,387,000,000’’; by substituting ‘‘$10,000,000 (reduced 

13 by $10,000,000)’’ for ‘‘$17,000,000’’; by substituting 

14 ‘‘$10,000,000’’ for ‘‘$13,000,000’’; by substituting ‘‘$0’’ 

15 for ‘‘$156,777,000’’; by substituting ‘‘$70,000,000’’ for 

16 ‘‘$100,000,000’’; by substituting ‘‘$50,000,000’’ for 

17 ‘‘$60,000,000’’; by substituting ‘‘$0’’ for ‘‘$20,000,000’’; 

18 and by substituting ‘‘$1,056,446,000’’ for 

19 ‘‘$1,116,446,000’’. 

20 SEC. 1743. The matter pertaining to competitive 

21 grants to communities to develop plans and demonstrate 

22 and implement projects which reduce greenhouse gas 

23 emissions in the second proviso under the heading ‘‘Envi24 ronmental Protection Agency, State and Tribal Assistance 


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1 Grants’’ in division A of Public Law 111–88 shall not 

2 apply to funds appropriated by this division. 

3 SEC. 1744. Notwithstanding section 1101, the 

4 amounts authorized to transfer under the heading ‘‘Envi5 ronmental Protection Agency, Administrative Provisions, 

6 Environmental Protection Agency’’ in division A of Public 

7 Law 111–88 shall be applied to funds appropriated by this 

8 division by substituting ‘‘$225,000,000’’ for 

9 ‘‘$475,000,000’’. 

10 SEC. 1745. Of the unobligated balances available for 

11 ‘‘Environmental Protection Agency’’ $300,000,000 is re12 scinded: Provided, That the Administrator shall submit to 

13 the House and Senate Committees on Appropriations a 

14 proposed allocation of amounts by account and program 

15 project to rescind 30 days prior to the rescission: Provided 

16 further, That no amounts may be rescinded from amounts 

17 that were designated by Congress as an emergency re18 quirement pursuant to a concurrent resolution on the 

19 budget or the Balanced Budget and Emergency Deficit 

20 Control Act of 1985, as amended. 

21 SEC. 1746. None of the funds made available to the 

22 Environmental Protection Agency by this division or any 

23 other Act may be expended for purposes of enforcing or 

24 promulgating any regulation (other than with respect to 

25 section 202 of the Clean Air Act) or order, taking action 


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1 relating to, or denying approval of state implementation 

2 plans or permits because of the emissions of greenhouse 

3 gases due to concerns regarding possible climate change. 

4 SEC. 1747. None of the funds made available by this 

5 division or any other Act may be used by the Environ6 mental Protection Agency to implement, administer, or en7 force a change to a rule or guidance document pertaining 

8 to the definition of waters under the jurisdiction of the 

9 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

10 seq.). 

11 SEC. 1748. Notwithstanding section 1101, the level 

12 for ‘‘Department of Agriculture, Forest Service, Forest 

13 and Rangeland Research’’ shall be $297,252,000: Pro14 vided, That the amounts included under such heading in 

15 division A of Public Law 111–88 shall be applied to funds 

16 appropriated by this division by substituting 

17 ‘‘$61,939,000’’ for ‘‘$66,939,000’’. 

18 SEC. 1749. Notwithstanding section 1101, the level 

19 for ‘‘Department of Agriculture, Forest Service, State and 

20 Private Forestry’’ shall be $232,680,000: Provided, That 

21 the amounts included under such heading in division A 

22 of Public Law 111–88 shall be applied to funds appro23 priated by this division by substituting ‘‘$6,200,000’’ for 

24 ‘‘$76,460,000’’: Provided further, That no less than 


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1 $2,500,000 in available, unobligated prior-year funds shall 

2 be used in addition to amounts provided by this division. 

3 SEC. 1750. Notwithstanding section 1101, the level 

4 for ‘‘Department of Agriculture, Forest Service, National 

5 Forest System’’ shall be $1,525,339,000: Provided, That 

6 no less than $10,000,000 in available, unobligated prior7 year funds shall be used in addition to amounts provided 

8 by this division. 

9 SEC. 1751. Notwithstanding section 1101, the level 

10 for ‘‘Department of Agriculture, Forest Service, Capital 

11 Improvement and Maintenance’’ shall be $495,409,000: 

12 Provided, That the amounts included under such heading 

13 in division A of Public Law 111–88 shall be applied to 

14 funds appropriated by this division by substituting 

15 ‘‘$50,371,000’’ for ‘‘$90,000,000’’: Provided further, That 

16 no less than $10,000,000 in available, unobligated prior17 year funds shall be used in addition to amounts provided 

18 by this division. 

19 SEC. 1752. Notwithstanding section 1101, the level 

20 for ‘‘Department of Agriculture, Forest Service, Land Ac21 quisition’’ shall be $9,100,000: Provided, That no less 

22 than $3,400,000 in available, unobligated prior-year funds 

23 shall be used in addition to amounts provided by this divi24 sion. 


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1 SEC. 1753. Notwithstanding section 1101, the level 

2 for ‘‘Department of Agriculture, Forest Service, Wildland 

3 Fire Management’’ shall be $1,978,737,000: Provided, 

4 That the amounts included under such heading in division 

5 A of Public Law 111–88 shall be applied to funds appro6 priated by this division by substituting ‘‘$200,000,000’’ 

7 for ‘‘$75,000,000’’: Provided further, That of the unobli8 gated balances available in the FLAME Wildfire Suppres9 sion Reserve Fund for the Department of Agriculture cre10 ated by section 502(b) of Public Law 111–88 (43 U.S.C. 

11 1748a(b)), $250,000,000 is rescinded. 

12 SEC. 1754. The authority provided by section 337 of 

13 the Department of the Interior and Related Agencies Ap14 propriations Act, 2005 (Public Law 108–447; 118 Stat. 

15 3102), as amended, shall remain in effect until September 

16 30, 2011. 

17 SEC. 1755. Notwithstanding section 1101, the level 

18 for ‘‘Department of Health and Human Services, Indian 

19 Health Service, Indian Health Services’’ shall be 

20 $3,883,886,000: Provided, That the amounts included 

21 under such heading in division A of Public Law 111–88 

22 shall be applied to funds appropriated by this division as 

23 follows: by substituting ‘‘$862,765,000’’ for 

24 ‘‘$779,347,000’’; by substituting ‘‘$53,000,000’’ for 

25 ‘‘$48,000,000’’; and by substituting ‘‘$444,332,000’’ for 


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1 ‘‘$398,490,000’’: Provided further, That of the funds in2 cluded under this heading, $29,211,000 shall be for staff3 ing and operating costs of newly constructed facilities. 

4 SEC. 1756. Notwithstanding section 1101, the level 

5 for ‘‘Department of Health and Human Services, Indian 

6 Health Service, Indian Health Facilities’’ shall be 

7 $255,497,000: Provided, That no less than $10,000,000 

8 in available, unobligated prior-year funds shall be used in 

9 addition to amounts provided by this division. 

10 SEC. 1757. Notwithstanding section 1101, the level 

11 for ‘‘Department of Health and Human Services, National 

12 Institutes of Health, National Institute of Environmental 

13 Health Sciences’’ shall be $77,546,000. 

14 SEC. 1758. Notwithstanding section 1101, the level 

15 for ‘‘Department of Health and Human Services, Agency 

16 for Toxic Substances and Disease Registry, Toxic Sub17 stances and Environmental Public Health’’ shall be 

18 $74,039,000. 

19 SEC. 1759. Notwithstanding section 1101, the level 

20 for ‘‘Executive Office of the President, Council on Envi21 ronmental Quality and Office of Environmental Quality’’ 

22 shall be $2,848,000. 

23 SEC. 1760. Notwithstanding section 1101, the level 

24 for ‘‘Chemical Safety and Hazard Investigation Board, 

25 Salaries and Expenses’’ shall be $10,799,000: Provided, 


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1 That the matter pertaining to methyl isocyanate in the 

2 last proviso under such heading in division A of Public 

3 Law 111–88 shall not apply to funds appropriated by this 

4 division. 

5 SEC. 1761. Notwithstanding section 1101, the level 

6 for ‘‘Smithsonian Institution, Salaries and Expenses’’ 

7 shall be $634,661,000: Provided, That no less than 

8 $200,000 in available, unobligated prior-year funds shall 

9 be used in addition to amounts provided by this division. 

10 SEC. 1762. Notwithstanding section 1101, the level 

11 for ‘‘Smithsonian Institution, Facilities Capital’’ shall be 

12 $123,600,000: Provided, That no less than $1,400,000 in 

13 available, unobligated prior-year funds shall be used in ad14 dition to amounts provided by this division. 

15 SEC. 1763. Notwithstanding section 1101, the level 

16 for ‘‘Smithsonian Institution, Legacy Fund’’ shall be $0. 

17 SEC. 1764. Notwithstanding section 1101, the level 

18 for ‘‘National Gallery of Art, Repair, Restoration and 

19 Renovation of Buildings’’ shall be $48,221,000: Provided, 

20 That the amounts included under such heading in division 

21 A of Public Law 111–88 shall be applied to funds appro22 priated by this division by substituting ‘‘$42,250,000’’ for 

23 ‘‘$40,000,000’’. 

24 SEC. 1765. Notwithstanding section 1101, the level 

25 for ‘‘John F. Kennedy Center for the Performing Arts, 


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1 Operations and Maintenance’’ shall be $22,500,000: Pro2 vided, That the proviso under such heading in division A 

3 of Public Law 111–88 shall not apply to funds appro4 priated by this division. 

5 SEC. 1766. Notwithstanding section 1101, the level 

6 for ‘‘John F. Kennedy Center for the Performing Arts, 

7 Capital Repair and Restoration’’ shall be $13,920,000. 

8 SEC. 1767. Notwithstanding section 1101, the level 

9 for ‘‘Woodrow Wilson International Center for Scholars, 

10 Salaries and Expenses’’ shall be $9,844,000. 

11 SEC. 1768. Notwithstanding section 1101, the level 

12 for ‘‘National Foundation on the Arts and the Human13 ities, National Endowment for the Arts, Grants and Ad14 ministration’’ shall be $145,000,000 (reduced by 

15 $20,594,000). 

16 SEC. 1769. Notwithstanding section 1101, the level 

17 for ‘‘National Foundation on the Arts and the Human18 ities, National Endowment for the Humanities, Grants 

19 and Administration’’ shall be $145,000,000: Provided, 

20 That the amounts included under such heading in division 

21 A of Public Law 111–88 shall be applied to funds appro22 priated by this division by substituting ‘‘$130,700,000’’ 

23 for ‘‘$153,200,000’’. 


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1 SEC. 1770. Notwithstanding section 1101, the level 

2 for ‘‘National Capital Arts and Cultural Affairs’’ shall be 

3 $4,500,000 (reduced by $4,500,000). 

4 SEC. 1771. Notwithstanding section 1101, the level 

5 for ‘‘Presidio Trust, Presidio Trust Fund’’ shall be 

6 $15,000,000 (reduced by $15,000,000). 

7 SEC. 1772. Notwithstanding section 1101, the level 

8 for ‘‘Dwight D. Eisenhower Memorial Commission, Sala9 ries and Expenses’’ shall be $0. 

10 SEC. 1773. Notwithstanding section 1101, the level 

11 for ‘‘Dwight D. Eisenhower Memorial Commission, Cap12 ital Construction’’ shall be $0. 

13 SEC. 1774. Section 409 of division A of Public Law 

14 111–88 (123 Stat. 2957) is amended by striking ‘‘and 

15 111–8’’ and inserting ‘‘111–8, and 111–88’’, and by strik16 ing ‘‘2009’’ and inserting ‘‘2010’’. 

17 SEC. 1775. Notwithstanding section 1101, the level 

18 for section 415 of division A of Public Law 111–88 shall 

19 be $0. 

20 SEC. 1776. Section 433 of division A of Public Law 

21 111–88 (123 Stat. 2965) is amended by striking ‘‘2010’’ 

22 and ‘‘2009’’ and inserting ‘‘2011’’ and ‘‘2010’’, respec23 tively. 

24 SEC. 1777. Not later than 30 days after the date of 

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1 ments and agencies shall submit to the House and Senate 

2 Committees on Appropriations a spending, expenditure, or 

3 operating plan for fiscal year 2011 at a level of detail 

4 below the account level: 

5 (1) Department of the Interior. 

6 (2) Environmental Protection Agency. 

7 (3) Department of Agriculture, Forest Service. 

8 (4) Indian Health Service. 

9 (5) Council on Environmental Quality. 

10 (6) Smithsonian Institution. 

11 (7) National Gallery of Art. 

12 (8) National Endowment for the Arts. 

13 (9) National Endowment for the Humanities. 

14 SEC. 1778. None of the funds made available by this 

15 division or any other Act may be used to implement, ad16 minister, or enforce Secretarial Order No. 3310 issued by 

17 the Secretary of the Interior on December 22, 2010. 

18 TITLE VIII—LABOR, HEALTH AND HUMAN 

19 SERVICES, EDUCATION, AND RELATED 

20 AGENCIES 

21 SEC. 1801. Notwithstanding section 1101, the level 

22 for ‘‘Department of Labor, Employment and Training Ad23 ministration, Training and Employment Services’’ shall be 

24 $221,699,000: Provided, That the amounts included under 

25 such heading in division D of Public Law 111–117 shall 


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1 be applied to funds appropriated by this division as fol2 lows: by substituting ‘‘$0’’ for each amount included in 

3 paragraph (1); by substituting ‘‘$167,538,000’’ for 

4 ‘‘$470,038,000’’; by substituting ‘‘$29,160,000’’ for 

5 ‘‘$229,160,000’’; by substituting ‘‘$0’’ for 

6 ‘‘$200,000,000’’; by substituting ‘‘$0’’ for 

7 ‘‘$102,500,000’’; by substituting ‘‘$54,161,000’’ for 

8 ‘‘$389,043,000’’; by substituting ‘‘$44,561,000’’ for 

9 ‘‘$93,450,000’’; by substituting ‘‘$0’’ for ‘‘$48,889,000’’; 

10 by substituting ‘‘$0’’ for ‘‘$108,493,000’’; by substituting 

11 ‘‘$0’’ for ‘‘$40,000,000’’; by substituting ‘‘$0’’ for 

12 ‘‘$125,000,000’’; and by substituting ‘‘$0’’ for 

13 ‘‘$12,500,000’’: Provided further, That of the funds made 

14 available for dislocated worker employment and training 

15 activities under such heading in division D of Public Law 

16 111–117, $65,000,000 is rescinded: Provided further, 

17 That of the funds made available for dislocated worker 

18 employment and training activities under such heading in 

19 division D of Public Law 111–117, up to 25 percent may 

20 be used for the period April 1, 2011, through September 

21 30, 2011, for youth activities. 

22 SEC. 1802. (a) Of the unobligated balances available 

23 for ‘‘Department of Labor, Departmental Management, 

24 Office of Job Corps’’, $300,000,000 is rescinded. 


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1 (b) None of the funds made available by this division 

2 or any prior Act may be used to initiate a competition 

3 for any new Job Corps center not previously approved by 

4 the Secretary of Labor as a Jobs Corps center through 

5 a competitive selection process. 

6 SEC. 1803. Of the unobligated balances of the funds 

7 made available for ‘‘Department of Labor, Employment 

8 and Training Administration, Training and Employment 

9 Services, Federally Administered Programs, Dislocated 

10 Workers Assistance National Reserve’’ in division D of 

11 Public Law 111–117, $100,000,000 is rescinded. 

12 SEC. 1804. Of the unobligated balances of the funds 

13 made available for ‘‘Department of Labor, Employment 

14 and Training Administration, Training and Employment 

15 Services, National Activities, Evaluation’’, $10,000,000 is 

16 rescinded. 

17 SEC. 1805. Notwithstanding section 1101, the level 

18 for ‘‘Department of Labor, Employment and Training Ad19 ministration, Community Service Employment for Older 

20 Americans’’ shall be $300,425,000, and for purposes of 

21 funds appropriated by this division, the amounts under 

22 such heading in division D of Public Law 111–117 shall 

23 be applied by substituting ‘‘$0’’ for ‘‘$225,000,000’’, and 

24 the first and second provisos under such heading in such 

25 division shall not apply. 


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1 SEC. 1806. Notwithstanding section 1101, the level 

2 for ‘‘Department of Labor, Mine Safety and Health Ad3 ministration, Salaries and Expenses’’ shall be 

4 $355,843,000, of which up to $15,000,000 shall be avail5 able to the Secretary of Labor to be transferred to ‘‘De6 partmental Management, Salaries and Expenses’’ for ac7 tivities related to the Department of Labor’s caseload be8 fore the Federal Mine Safety and Health Review Commis9 sion, and the amounts included under the heading ‘‘De10 partment of Labor, Mine Safety and Health Administra11 tion, Salaries and Expenses’’ in division D of Public Law 

12 111–117 shall be applied to funds appropriated by this 

13 division by substituting ‘‘$0’’ for ‘‘$1,450,000’’. 

14 SEC. 1807. Notwithstanding section 1101, the level 

15 for ‘‘Department of Labor, Departmental Management’’ 

16 shall be $315,154,000, and the third proviso under such 

17 heading in division D of Public Law 111–117 shall not 

18 apply to funds appropriated by this division. 

19 SEC. 1808. Of the unobligated balances available for 

20 ‘‘Department of Labor, Working Capital Fund’’, 

21 $3,900,000 is permanently rescinded, to be derived solely 

22 from amounts available in the Investment in Reinvention 

23 Fund (other than amounts that were designated by the 

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1 current resolution on the budget or the Balanced Budget 

2 and Emergency Deficit Control Act of 1985). 

3 SEC. 1809. (a) Notwithstanding section 1101, the 

4 level for ‘‘Department of Health and Human Services, 

5 Health Resources and Services Administration, Health 

6 Resources and Services’’ shall be $5,313,171,000, of 

7 which: (1) not more than $100,000,000 shall be available 

8 until expended for carrying out the provisions of Public 

9 Law 104–73 and for expenses incurred by the Department 

10 of Health and Human Services pertaining to administra11 tive claims made under such law; (2) no funds shall be 

12 for the program under title X of the Public Health Service 

13 Act (referred to in this title as the ‘‘PHS Act’’), to provide 

14 for voluntary family planning projects; and (3) 

15 $352,835,000 shall be available for health professions pro16 grams under titles VII and VIII and section 340G of the 

17 PHS Act. 

18 (b) The eighteenth, nineteenth, twenty-first, twenty19 second, and twenty-fifth provisos under the heading ‘‘De20 partment of Health and Human Services, Health Re21 sources and Services Administration, Health Resources 

22 and Services’’ of division D of Public Law 111–117 shall 

23 not apply to funds appropriated by this division. 

24 (c) Sections 747(c)(2) and 751(j)(2) of the PHS Act, 

25 the proportional funding amounts in paragraphs (1) 


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1 through (4) of section 756(e) of such Act, and section 

2 511(f) of the Social Security Act (42 U.S.C. 711(f)) shall 

3 not apply to funds made available by this division for ‘‘De4 partment of Health and Human Services, Health Re5 sources and Services Administration, Health Resources 

6 and Services’’. 

7 (d) For purposes of this section, section 10503(d) of 

8 Public Law 111–148 shall be applied as if ‘‘, over the fis9 cal year 2008 level,’’ were stricken from such section. 

10 SEC. 1810. (a) Notwithstanding section 1101, the 

11 level for the first undesignated paragraph under the head12 ing ‘‘Department of Health and Human Services, Centers 

13 for Disease Control and Prevention, Disease Control, Re14 search, and Training’’ shall be $5,742,989,000, of which: 

15 (1) $750,000,000 shall be derived from funds transferred, 

16 pursuant to section 4002(c) of Public Law 111–148, from 

17 amounts appropriated by section 4002(b) of such Public 

18 Law; (2) no funds shall be available for acquisition of real 

19 property, equipment, construction, and renovation of fa20 cilities; and (3) $523,533,000 shall remain available until 

21 expended for the Strategic National Stockpile under sec22 tion 319F–2 of the PHS Act. 

23 (b) The amount included before the first proviso 

24 under the heading ‘‘Department of Health and Human 

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1 ease Control, Research, and Training’’ of division D of 

2 Public Law 111–117 shall be applied to funds appro3 priated by this division by substituting ‘‘$0’’ for 

4 ‘‘$20,620,000’’. 

5 (c) Paragraphs (1) through (3) of section 2821(b) of 

6 the PHS Act shall not apply to funds made available by 

7 this division. 

8 (d) For purposes of this section, section 4002(c) of 

9 Public Law 111–148 shall be applied as if ‘‘, over the fis10 cal year 2008 level,’’ were stricken from such section. 

11 SEC. 1811. (a) Notwithstanding section 1101, the 

12 level for ‘‘Department of Health and Human Services, Na13 tional Institutes of Health, National Institute of Allergy 

14 and Infectious Diseases’’ shall be $4,214,275,000, and the 

15 Director of the National Institutes of Health shall transfer 

16 up to $256,627,000, on a pro rata basis, based on total 

17 funding levels, from the other Institutes, Centers, and Of18 fice of the Director accounts within the National Institutes 

19 of Health Account to ‘‘National Institute of Allergy and 

20 Infectious Diseases’’, and the requirement under ‘‘Na21 tional Institute of Allergy and Infection Diseases’’ in divi22 sion D of Public Law 111–117 for a transfer from Bio23 defense Countermeasures funds shall not apply. 

24 (b) Notwithstanding any other provision of this divi25 sion, the first proviso under the heading ‘‘Department of 


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1 Health and Human Services, National Institutes of 

2 Health, National Institute of Allergy and Infectious Dis3 eases’’ in division D of Public Law 111–117 shall not 

4 apply to funds appropriated by this division. 

5 SEC. 1812. The amount provided by section 1101 for 

6 ‘‘Department of Health and Human Services, National In7 stitutes of Health’’ is reduced by $260,000,000, through 

8 a pro rata reduction in all of the Institutes, Centers, and 

9 Office of the Director accounts within ‘‘Department of 

10 Health and Human Services, National Institutes of 

11 Health’’, based on the total of the projected funding levels 

12 for the Non-competing Research Project Grants in fiscal 

13 year 2011 for each such Institute, Center, and Office of 

14 the Director account. In addition, the Director of the Na15 tional Institutes of Health shall ensure that the average 

16 of the total cost of Competing Research Project Grants 

17 for all of the Institutes, Centers, and Office of the Director 

18 accounts within ‘‘Department of Health and Human Serv19 ices, National Institutes of Health’’ during fiscal year 

20 2011 shall not exceed $400,000. 

21 SEC. 1813. Notwithstanding section 1101, the level 

22 for ‘‘Department of Health and Human Services, National 

23 Institutes of Health, Buildings and Facilities’’ shall be 

24 $22,700,000. 


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1 SEC. 1814. (a) Notwithstanding section 1101, the 

2 level for ‘‘Department of Health and Human Services, 

3 Substance Abuse and Mental Health Services Administra4 tion, Substance Abuse and Mental Health Services’’ shall 

5 be $3,202,152,000. 

6 (b) The amount included before the first proviso 

7 under the heading ‘‘Department of Health and Human 

8 Services, Substance Abuse and Mental Health Services 

9 Administration, Substance Abuse and Mental Health 

10 Services’’ in division D of Public Law 111–117 shall be 

11 applied to funds appropriated by this division by sub12 stituting ‘‘$0’’ for ‘‘$14,518,000’’. 

13 (c) The second proviso under the heading ‘‘Depart14 ment of Health and Human Services, Substance Abuse 

15 and Mental Health Services Administration, Substance 

16 Abuse and Mental Health Services’’ of division D of Public 

17 Law 111–117 shall not apply to funds appropriated by 

18 this division. 

19 SEC. 1815. The amount included under the heading 

20 ‘‘Department of Health and Human Services, Agency for 

21 Healthcare Research and Quality, Healthcare Research 

22 and Quality’’ of division D of Public Law 111–117 shall 

23 be applied to funds appropriated by this division by sub24 stituting ‘‘$372,053,000’’ for ‘‘397,053,000’’. 


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1 SEC. 1816. (a) Notwithstanding section 1101, the 

2 level for amounts transferred from the Federal Hospital 

3 Insurance Trust Fund and the Federal Supplementary 

4 Medical Insurance Trust Fund for ‘‘Department of Health 

5 and Human Services, Centers for Medicare and Medicaid 

6 Services, Program Management’’ shall be $3,012,162,000, 

7 of which the level for the Research, Demonstration, and 

8 Evaluation program shall be $0. 

9 (b) The amount under the third proviso under the 

10 heading ‘‘Department of Health and Human Services, 

11 Centers for Medicare and Medicaid Services, Program 

12 Management’’ in division D of Public Law 111–117 shall 

13 be applied to funds appropriated by this division by sub14 stituting ‘‘$9,120,000’’ for ‘‘$65,600,000’’. 

15 (c) The sixth proviso under the heading ‘‘Department 

16 of Health and Human Services, Centers for Medicare and 

17 Medicaid Services, Program Management’’ in division D 

18 of Public Law 111–117 shall not apply to funds appro19 priated by this division. 

20 SEC. 1817. (a) Notwithstanding section 1101, the 

21 level for ‘‘Department of Health and Human Services, Ad22 ministration for Children and Families, Low Income 

23 Home Energy Assistance’’ shall be $4,709,672,000, of 

24 which $4,509,672,000 shall be for payments under sub25 sections (b) and (d) of section 2602 of the Low-Income 


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1 Home Energy Assistance Act of 1981 (42 U.S.C. 8621); 

2 and of which $200,000,000 shall be for payments under 

3 subsection (e) of such Act, to be made notwithstanding 

4 the designation requirements of such subsection. 

5 (b) The second proviso under the heading ‘‘Depart6 ment of Health and Human Services, Administration for 

7 Children and Families, Low Income Home Energy Assist8 ance’’ of division D of Public Law 111–117 shall not apply 

9 to funds appropriated by this division. 

10 SEC. 1818. Notwithstanding section 1101, the level 

11 for ‘‘Department of Health and Human Services, Admin12 istration for Children and Families, Payments to States 

13 for the Child Care and Development Block Grant’’ shall 

14 be $2,088,081,000, of which no funds shall be for the 

15 Child Care Aware toll-free hotline. 

16 SEC. 1819. (a) Notwithstanding section 1101, the 

17 level for ‘‘Department of Health and Human Services, Ad18 ministration for Children and Families, Children and 

19 Families Services Programs’’ shall be $7,796,499,000, of 

20 which $405,000,000 shall be for making payments under 

21 the Community Service Block Grant Act (‘‘CSBG Act’’), 

22 except that such level shall include $10,000,000 for sec23 tion 680(a)(3)(B) of the CSBG Act and $6,151,783,000 

24 shall be for making payments under the Head Start Act. 


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1 (b) The fourteenth and fifteenth provisos under the 

2 heading ‘‘Department of Health and Human Services, Ad3 ministration for Children and Families, Children and 

4 Families Services Programs’’ of division D of Public Law 

5 111–117 shall not apply to funds appropriated by this di6 vision. 

7 SEC. 1820. (a) Notwithstanding section 1101, the 

8 level for ‘‘Department of Health and Human Services, Ad9 ministration on Aging, Aging Services Programs’’ shall be 

10 $1,445,323,000. 

11 (b) The first proviso under the heading ‘‘Department 

12 of Health and Human Services, Administration on Aging, 

13 Aging Services Programs’’ in division D of Public Law 

14 111–117 shall not apply to funds appropriated by this di15 vision. 

16 (c) None of the funds appropriated by this division 

17 for ‘‘Department of Health and Human Services, Admin18 istration on Aging, Aging Services Programs’’ shall be 

19 used to carry out sections 1701 and 1703 of the PHS 

20 Act (with respect to chronic disease self-management ac21 tivity grants), except that such funds may be used for nec22 essary expenses associated with administering any such 

23 grants awarded prior to the date of the enactment of this 

24 division. 


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1 SEC. 1821. Notwithstanding section 1101, the level 

2 for ‘‘Department of Health and Human Services, Office 

3 of the Secretary, General Departmental Management’’ 

4 shall be $375,938,000: Provided, That amounts included 

5 under such heading in division D of Public Law 111–117 

6 shall be applied to funds appropriated by this division by 

7 substituting ‘‘$0’’ for ‘‘$5,789,000’’: Provided further, 

8 that the third and seventh provisos under such heading 

9 in division D of Public Law 111–117 shall not apply to 

10 funds appropriated by this division. 

11 SEC. 1822. Notwithstanding section 1101, the level 

12 for ‘‘Department of Health and Human Services, Office 

13 of the Secretary, Public Health and Social Services Emer14 gency Fund’’ shall be $708,510,000, of which 

15 $65,578,000 shall be for expenses necessary to prepare for 

16 and respond to an influenza pandemic, none of which shall 

17 be available past September 30, 2011, and $35,000,000 

18 shall be for expenses necessary for fit-out and other costs 

19 related to a competitive lease procurement to renovate or 

20 replace the existing headquarters building for Public 

21 Health Service agencies and other components of the De22 partment of Health and Human Services: Provided, That 

23 in addition, $318,000,000 of the funds transferred to the 

24 account under the heading ‘‘Department of Health and 

25 Human Services, Office of the Secretary, Public Health 


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1 and Social Services Emergency Fund’’ in Public Law 111– 

2 117 under the fourth paragraph under such heading may 

3 be used to support advanced research and development 

4 pursuant to section 319L of the PHS Act and other ad5 ministrative expenses of the Biomedical Advanced Re6 search and Development Authority: Provided further, That 

7 no funds shall be made available to the United States 

8 Postal Service for the delivery of medical counter9 measures. 

10 SEC. 1823. Of the funds made available for ‘‘Depart11 ment of Health and Human Services, Office of the Sec12 retary, Public Health and Social Services Emergency 

13 Fund’’ in Public Law 111–32, $1,397,439,000 is re14 scinded. 

15 SEC. 1824. (a) Notwithstanding section 1101, the 

16 level for ‘‘Department of Education, Education for the 

17 Disadvantaged’’ shall be $3,994,365,000 (reduced by 

18 $336,550,000), of which $3,944,530,000 (reduced by 

19 $336,550,000) shall become available on July 1, 2011, 

20 and remain available through September 30, 2012 (in ad21 dition to the $10,841,176,000 previously appropriated 

22 under such heading that became available on October 1, 

23 2010), and an additional $10,841,176,000 to remain 

24 available through September 30, 2012, shall be available 

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1 vided, That of the amounts available for such heading: (1) 

2 $6,405,844,000 shall be for basic grants under section 

3 1124 of the Elementary and Secondary Education Act of 

4 1965 (‘‘ESEA’’); (2) $1,365,031,000 shall be for con5 centration grants under section 1124A of the ESEA; (3) 

6 $3,014,000,000 shall be for targeted grants under section 

7 1125 of the ESEA; (4) $3,014,000,000 shall be for edu8 cation finance incentive grants under section 1125A of the 

9 ESEA. 

10 (b) The tenth, eleventh and twelfth provisos under 

11 the heading ‘‘Department of Education, Education for the 

12 Disadvantaged’’ in division D of Public Law 111–117 

13 shall not apply to funds appropriated by this division. 

14 (c) Of the unobligated balances available for ‘‘Depart15 ment of Education, Education for the Disadvantaged’’ in 

16 division D of Public Law 111–117, $189,000,000 is re17 scinded, to be derived from the amounts specified under 

18 such heading for availability under section 1502 of the 

19 ESEA. 

20 SEC. 1825. (a) Notwithstanding section 1101, the 

21 level for ‘‘Department of Education, School Improvement 

22 Programs’’ shall be $3,066,967,000 (reduced by 

23 $500,000,000), of which $2,978,515,000 (reduced by 

24 $500,000,000) shall become available on July 1, 2011, 

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1 dition to the $1,681,441,000 previously appropriated 

2 under such heading that became available on October 1, 

3 2010), and an additional $1,681,441,000, to remain avail4 able through September 30, 2012, shall be available on 

5 October 1, 2011, for academic year 2011–2012: Provided, 

6 That of the amounts available for such heading: (1) 

7 $7,463,000 shall be available to carry out subpart 6 of 

8 part D of title V of the ESEA; and (2) no funds shall 

9 be available for activities authorized under part B of title 

10 II, part D of title II, or subpart 9 of part D of title V 

11 of the ESEA, or part Z of title VIII of the Higher Edu12 cation Act of 1965. 

13 (b) The first, second, third, fourth, fifth, sixth, 

14 eighth, twelfth and thirteenth provisos under the heading 

15 ‘‘Department of Education, School Improvement Pro16 grams’’ in division D of Public Law 111–117 shall not 

17 apply to funds appropriated by this division. 

18 SEC. 1826. (a) Notwithstanding section 1101, the 

19 level for ‘‘Department of Education, Innovation and Im20 provement’’ shall be $885,786,000, and no funds shall be 

21 available for activities authorized under subpart 5 of part 

22 A of title II, part D of title II, part D of title V, or section 

23 1504 of the ESEA, or part F of title VIII of the Higher 

24 Education Act of 1965. 


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1 (b) The first, second, third, fourth, fifth, seventeenth 

2 and eighteenth provisos under the heading ‘‘Department 

3 of Education, Innovation and Improvement’’ in division D 

4 of Public Law 111–117 shall not apply to funds appro5 priated by this division. 

6 SEC. 1827. (a) Notwithstanding section 1101, the 

7 level for ‘‘Department of Education, Safe Schools and 

8 Citizenship Education’’ shall be $191,341,000, of which 

9 no funds shall be available for activities authorized under 

10 subpart 3 of part C of title II or subpart 2, 3, or 10 of 

11 part D of title V of the ESEA. 

12 (b) The first, second, and third provisos under the 

13 heading ‘‘Department of Education, Safe Schools and 

14 Citizenship Education’’ in division D of Public Law 111– 

15 117 shall not apply to funds appropriated by this division. 

16 SEC. 1828. (a) Notwithstanding section 1101, the 

17 level for ‘‘Department of Education, Special Education’’ 

18 shall be $3,414,870,000 (increased by $557,700,000), of 

19 which $3,168,654,000 (increased by $557,700,000) shall 

20 become available on July 1, 2011, and remain available 

21 through September 30, 2012 (in addition to the 

22 $8,592,383,000 previously appropriated under such head23 ing that became available on October 1, 2010), and an 

24 additional $8,592,383,000, to remain available through 


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1 September 30, 2012, shall be available on October 1, 

2 2011, 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 


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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 


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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 


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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 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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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 


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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 


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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 (reduced by $1,500,000). 

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. 


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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 


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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; 


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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 


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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. 


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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 

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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 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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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 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6401 E:\BILLS\H1.PP H1

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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 


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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 


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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’’. 


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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’’, 


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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– 


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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. 


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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. 


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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 (reduced 

8 by $42,676,000), which shall not be used for construction 

9 activities; ‘‘Related Programs, East-West Center’’, 

10 $10,716,000 (reduced by $10,716,000); and ‘‘Inter11 national Commissions, International Fisheries Commis12 sions’’, $44,627,000. 

13 SEC. 2104. Notwithstanding section 1101, the level 

14 for each of the following accounts shall be as follows: 

15 ‘‘International Commissions, International Boundary and 

16 Water Commission, United States and Mexico, Salaries 

17 and Expenses’’, $43,419,000; ‘‘International Commis18 sions, International Boundary and Water Commission, 

19 United States and Mexico, Construction’’, $25,286,000; 

20 ‘‘International Commissions, American Sections’’, 

21 $11,852,000; ‘‘Related Programs, The Asia Foundation’’, 

22 $14,749,000; ‘‘Other Commissions, Commission for the 

23 Preservation of America’s Heritage Abroad, Salaries and 

24 Expenses’’, $597,000; ‘‘Other Commissions, United States 

25 Commission on International Religious Freedom, Salaries 


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1 and Expenses’’, $4,042,000; ‘‘Other Commissions, Com2 mission on Security and Cooperation in Europe, Salaries 

3 and Expenses’’, $2,453,000; ‘‘Other Commissions, Con4 gressional-Executive Commission on the People’s Republic 

5 of China, Salaries and Expenses’’, $1,880,000; and 

6 ‘‘Other Commissions, United States-China Economic and 

7 Security Review Commission’’, $3,290,000. 

8 SEC. 2105. Notwithstanding section 1101, the level 

9 for each of the following accounts shall be as follows: ‘‘Re10 lated Agency, Broadcasting Board of Governors, Inter11 national Broadcasting Operations’’, $689,761,000; and 

12 ‘‘Related Agency, Broadcasting Board of Governors, 

13 Broadcasting Capital Improvements’’, $6,785,000. 

14 SEC. 2106. Notwithstanding section 1101, the level 

15 for each of the following accounts shall be as follows: ‘‘Ad16 ministration of Foreign Affairs, Educational and Cultural 

17 Exchange Programs’’, $501,347,000; ‘‘Related Programs, 

18 National Endowment for Democracy’’, $110,920,000, of 

19 which $100,000,000 shall be allocated in the traditional 

20 and customary manner, including for the core institutes; 

21 ‘‘Bilateral Economic Assistance, Independent Agencies, 

22 Inter-American Foundation’’, $20,830,000; and ‘‘Bilateral 

23 Economic Assistance, Independent Agencies, African De24 velopment Foundation’’, $29,757,000. 


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1 SEC. 2107. Notwithstanding section 1101, the level 

2 for each of the following accounts shall be as follows: 

3 ‘‘United States Agency for International Development, 

4 Funds Appropriated to the President, Operating Ex5 penses’’, $1,267,872,000; ‘‘United States Agency for 

6 International Development, Funds Appropriated to the 

7 President, Civilian Stabilization Initiative’’, $7,000,000; 

8 ‘‘United States Agency for International Development, 

9 Funds Appropriated to the President, Capital Investment 

10 Fund’’, $120,777,000; and ‘‘United States Agency for 

11 International Development, Funds Appropriated to the 

12 President, Office of Inspector General’’, $43,710,000. 

13 SEC. 2108. Notwithstanding section 1101, the level 

14 for each of the following accounts shall be as follows: ‘‘Bi15 lateral Economic Assistance, Funds Appropriated to the 

16 President, Development Assistance’’, $1,773,780,000; 

17 ‘‘Bilateral Economic Assistance, Funds Appropriated to 

18 the President, Assistance for Europe, Eurasia and Central 

19 Asia’’, $697,134,000; and ‘‘Bilateral Economic Assist20 ance, Independent Agencies, Millennium Challenge Cor21 poration’’, $790,000,000. 

22 SEC. 2109. Notwithstanding section 1101, the level 

23 for each of the following accounts shall be as follows: ‘‘Bi24 lateral Economic Assistance, Funds Appropriated to the 

25 President, Economic Support Fund’’, $5,706,552,000; 


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1 ‘‘Bilateral Economic Assistance, Funds Appropriated to 

2 the President, Democracy Fund’’, $112,800,000; ‘‘De3 partment of the Treasury, International Affairs Technical 

4 Assistance’’, $20,235,000; and ‘‘Department of the Treas5 ury, Debt Restructuring’’, $30,055,000 (reduced by 

6 $20,000,000). 

7 SEC. 2110. Notwithstanding section 1101, the level 

8 for each of the following accounts shall be as follows: ‘‘Bi9 lateral Economic Assistance, Funds Appropriated to the 

10 President, International Disaster Assistance’’, 

11 $429,739,000; and ‘‘Bilateral Economic Assistance, 

12 Funds Appropriated to the President, Transition Initia13 tives’’, $44,635,000. 

14 SEC. 2111. Notwithstanding section 1101, the level 

15 for each of the following accounts shall be as follows: ‘‘Bi16 lateral Economic Assistance, Department of State, Migra17 tion and Refugee Assistance’’, $1,023,178,000; and ‘‘Bi18 lateral Economic Assistance, Department of State, United 

19 States Emergency Refugee and Migration Assistance 

20 Fund’’, $44,635,000. 

21 SEC. 2112. Notwithstanding section 1101, the level 

22 for ‘‘Bilateral Economic Assistance, Independent Agen23 cies, Peace Corps’’ shall be $330,799,000. 

24 SEC. 2113. Notwithstanding section 1101, the level 

25 for each of the following accounts shall be as follows: 


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1 ‘‘International Security Assistance, Department of State, 

2 Nonproliferation, Anti-terrorism, Demining and Related 

3 Programs’’, $740,000,000; and ‘‘International Security 

4 Assistance, Department of State, Peacekeeping Oper5 ations’’, $305,000,000. 

6 SEC. 2114. Notwithstanding section 1101, the level 

7 for each of the following accounts shall be as follows: 

8 ‘‘International Security Assistance, Funds Appropriated 

9 to the President, Pakistan Counterinsurgency Capability 

10 Fund’’, $1,000,000,000, which shall remain available until 

11 September 30, 2012, and shall be available to the Sec12 retary of State under the terms and conditions provided 

13 for this Fund in Public Law 111–32; and ‘‘International 

14 Security Assistance, Funds Appropriated to the President, 

15 Foreign Military Financing Program’’, $5,385,000,000, of 

16 which not less than $3,000,000,000 shall be available for 

17 grants only for Israel and $1,300,000,000 shall be avail18 able for grants only for Egypt and $300,000,000 shall be 

19 available for assistance for Jordan: Provided, That the 

20 dollar amount in the fourth proviso under the heading 

21 ‘‘International Security Assistance, Funds Appropriated 

22 to the President, Foreign Military Financing Program’’ 

23 in division F of Public Law 111–117 shall be deemed to 

24 be $789,000,000 for the purpose of applying funds appro25 priated under such heading by this division. 


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1 SEC. 2115. Notwithstanding section 1101, the level 

2 for each of the following accounts shall be as follows: 

3 ‘‘Multilateral Assistance, Funds Appropriated to the 

4 President, International Organizations and Programs’’, 

5 $309,897,000; ‘‘Multilateral Assistance, Funds Appro6 priated to the President, International Financial Institu7 tions, Global Environment Facility’’, $32,020,000; ‘‘Multi8 lateral Assistance, Funds Appropriated to the President, 

9 International Financial Institutions, Contribution to the 

10 International Development Association’’, $942,305,000; 

11 ‘‘Multilateral Assistance, Funds Appropriated to the 

12 President, International Financial Institutions, Contribu13 tion to the Enterprise for the Americas Multilateral In14 vestment Fund’’, $20,127,000; ‘‘Multilateral Assistance, 

15 Funds Appropriated to the President, International Fi16 nancial Institutions, Contribution to the African Develop17 ment Fund’’, $134,585,000; and ‘‘Multilateral Assistance, 

18 Funds Appropriated to the President, International Fi19 nancial Institutions, International Fund for Agricultural 

20 Development’’, $17,926,000. 

21 SEC. 2116. Notwithstanding section 1101, the level 

22 for each of the following accounts shall be as follows: ‘‘Ex23 port and Investment Assistance, Overseas Private Invest24 ment Corporation, Noncredit Account’’, $47,115,000; 

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1 vestment Corporation, Program Account’’, $23,310,000; 

2 and ‘‘Export and Investment Assistance, Funds Appro3 priated to the President, Trade and Development Agen4 cy’’, $49,992,000. 

5 SEC. 2117. (a) Notwithstanding section 1101, the 

6 amounts included under the heading ‘‘Administration of 

7 Foreign Affairs, Embassy Security, Construction and 

8 Maintenance’’ in division F of Public Law 111–117 shall 

9 be applied to funds appropriated by this division as fol10 lows: by substituting ‘‘$824,239,000’’ for ‘‘$876,850,000’’ 

11 in the first paragraph; and by substituting 

12 ‘‘$796,462,000’’ for ‘‘$847,300,000’’ in the second para13 graph. 

14 (b) Notwithstanding section 1101, the amounts in15 cluded under the heading ‘‘Administration of Foreign Af16 fairs, Repatriation Loans Program Account’’ in division 

17 F of Public Law 111–117 shall be applied to funds appro18 priated by this division as follows: by substituting 

19 ‘‘$695,000’’ for ‘‘$739,000’’ in the first paragraph; and 

20 by substituting ‘‘$668,000’’ for ‘‘$711,000’’ in the second 

21 paragraph. 

22 (c) Notwithstanding section 1101, the level in the sec23 ond paragraph under the heading ‘‘Bilateral Economic As24 sistance, Funds Appropriated to the President, Develop25 ment Credit Authority’’ shall be $8,084,000. 


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1 SEC. 2118. Notwithstanding section 1101, the 

2 amounts included under the heading ‘‘Bilateral Economic 

3 Assistance, Funds Appropriated to the President, Global 

4 Health and Child Survival’’ in division F of Public Law 

5 111–117 shall be applied to funds appropriated by this 

6 division as follows: by substituting in the first paragraph 

7 ‘‘$2,149,780,000’’ for ‘‘$2,420,000,000’’; by substituting 

8 in the second paragraph ‘‘$4,845,700,000’’ for 

9 ‘‘$5,359,000,000’’ and ‘‘$600,000,000’’ for 

10 ‘‘$750,000,000’’. 

11 SEC. 2119. Notwithstanding section 1101, the level 

12 for each of the following accounts shall be $0: ‘‘Adminis13 tration of Foreign Affairs, Buying Power Maintenance Ac14 count’’; ‘‘Bilateral Economic Assistance, Funds Appro15 priated to the President, Complex Crises Fund’’; ‘‘Bilat16 eral Economic Assistance, Funds Appropriated to the 

17 President, International Fund for Ireland’’; ‘‘Multilateral 

18 Assistance, Funds Appropriated to the President, Con19 tribution to the Clean Technology Fund’’; ‘‘Multilateral 

20 Assistance, Funds Appropriated to the President, Con21 tribution to the Strategic Climate Fund’’; and ‘‘Multilat22 eral Assistance, Funds Appropriated to the President, 

23 Contribution to the Asian Development Fund’’. 

24 SEC. 2120. (a) Of the unobligated balances available 

25 from funds appropriated under the heading ‘‘Export and 


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1 Investment Assistance, Export-Import Bank of the United 

2 States, Subsidy Appropriation’’ in the Department of 

3 State, Foreign Operations, and Related Programs Appro4 priations Act, 2009 (division H of Public Law 111–8) and 

5 under such heading in prior acts making appropriations 

6 for the Department of State, foreign operations, and re7 lated programs, $150,000,000 are rescinded. 

8 (b) Of the unobligated balances from funds appro9 priated or otherwise made available for the Buying Power 

10 Maintenance Account, $18,960,000 are rescinded. 

11 (c) Of the unobligated balances available for the De12 velopment Assistance account, as identified by Treasury 

13 Appropriation Fund Symbols 7206/111021, $1,000,000 

14 are rescinded. 

15 (d) Of the unobligated balances available for the As16 sistance for the Independent States of the Former Soviet 

17 Union account, as identified by Treasury Appropriation 

18 Fund Symbols 7206/111093, 7207/121093, and 

19 72X1093, $11,700,000 are rescinded. 

20 (e) Of the unobligated balances available for the 

21 International Narcotics Control and Law Enforcement ac22 count, as identified by Treasury Appropriation Fund Sym23 bols, 11X1022, 1106/121022, and 191105/111022, 

24 $7,183,000 are rescinded. 


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1 SEC. 2121. (a) Notwithstanding section 653(b) of the 

2 Foreign Assistance Act of 1961 (22 U.S.C. 2413(b)), the 

3 President shall transmit to Congress the report required 

4 under section 653(a) of that Act with respect to the provi5 sion of funds appropriated or otherwise made available by 

6 this division for the Department of State, foreign oper7 ations, and related programs: Provided, That such report 

8 shall include a comparison of amounts, by category of as9 sistance, provided or intended to be provided from funds 

10 appropriated for fiscal years 2010 and 2011, for each for11 eign country and international organization. 

12 (b) Not later than 30 days after the date of enact13 ment of this division, each department, agency or organi14 zation funded by this title or by division F of Public Law 

15 111–117 shall submit to the Committees on Appropria16 tions an operating plan for such funds that provides de17 tails at the program, project, and activity level: Provided, 

18 That the report required under subsection (a) shall be con19 sidered to have met the requirements of this subsection 

20 with respect to funds made available to carry out the For21 eign Assistance Act of 1961 and the Arms Export Control 

22 Act: Provided further, That the spending reports required 

23 in division F of Public Law 111–117 for assistance for 

24 Afghanistan, Pakistan, Iraq, the Caribbean Basin, Leb25 anon, Mexico, and Central America, and spending reports 


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1 required for funds appropriated under the headings ‘‘Dip2 lomatic and Consular Programs’’, ‘‘Embassy Security, 

3 Construction, and Maintenance’’, ‘‘International Narcotics 

4 Control and Law Enforcement’’, ‘‘Civilian Stabilization 

5 Initiative’’, and ‘‘Peace Corps’’ shall be considered to have 

6 met the requirements of this subsection. 

7 (c) The reports required under subsection (b) shall 

8 not be considered as meeting the notification requirements 

9 under section 7015 of division F of Public Law 111–117 

10 or under section 634A of the Foreign Assistance Act of 

11 1961. 

12 SEC. 2122. (a) Notwithstanding any other provision 

13 of this division, the dollar amounts under paragraphs (1) 

14 through (4) under the heading ‘‘Administration of Foreign 

15 Affairs, Diplomatic and Consular Programs’’ in division 

16 F of Public Law 111–117 shall not apply to funds appro17 priated by this division: Provided, That the dollar amounts 

18 to be derived from fees collected under paragraph (5)(A) 

19 under such heading shall be ‘‘$1,702,904’’ and 

20 ‘‘$505,000’’ respectively: Provided further, That none of 

21 the funds appropriated by this division may be used to 

22 support the United States Ambassador’s Fund for Cul23 tural Preservation. 

24 (b) Division F of Public Law 111–117 shall be ap25 plied to funds appropriated by this division under the 


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1 heading ‘‘Development Assistance’’ by substituting 

2 ‘‘should’’ for ‘‘shall’’ each place it appears: Provided, That 

3 the sixth, seventh and eighth provisos under the heading 

4 ‘‘Development Assistance’’ in division F of Public Law 

5 111–117 shall not apply to funds appropriated by this 

6 title. 

7 (c) Division F of Public Law 111–117 shall be ap8 plied to funds appropriated by this division under the 

9 heading ‘‘Economic Support Fund’’ by substituting 

10 ‘‘should’’ for ‘‘shall’’ each place it appears in the fourth 

11 and sixteenth provisos. 

12 (d) Notwithstanding any other provision of this divi13 sion, the following provisions in division F of Public Law 

14 111–117 shall not apply to funds appropriated by this di15 vision: 

16 (1) Section 7034(l). 

17 (2) Section 7042(a), (b)(1), (c), and (d)(1). 

18 (3) In section 7045: 

19 (A) Subsections (a) and (b)(2). 

20 (B) The first sentence of subsection (c). 

21 (C) The first sentence of subsection (e)(1). 

22 (D) The first sentence of subsection (f). 

23 (E) Subsection (h). 

24 (4) Section 7070(b). 

25 (5) Section 7071(g)(3). 


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1 (6) The third proviso under the heading ‘‘Ad2 ministration of Foreign Affairs, Civilian Stabiliza3 tion Initiative’’. 

4 (7) The fourth proviso under the heading ‘‘Bi5 lateral Economic Assistance, Funds Appropriated to 

6 the President, Assistance for Europe, Eurasia and 

7 Central Asia’’. 

8 (e)(1) Notwithstanding the proviso in section 7060 

9 in division F of Public Law 111–117, of the funds appro10 priated or otherwise made available by this division for 

11 the Department of State, foreign operations, and related 

12 programs, not more than $440,000,000 may be made 

13 available for family planning/reproductive health: Pro14 vided, That none of the funds appropriated or otherwise 

15 made available by this division for the Department of 

16 State, foreign operations, and related programs may be 

17 made available for the United Nations Population Fund: 

18 Provided further, That section 7078 of division F of Public 

19 Law 111–117 shall not apply to funds appropriated by 

20 this division. 

21 (2) None of the funds appropriated or otherwise 

22 made available by this division for the Department of 

23 State, foreign operations, and related programs for popu24 lation planning activities or other population assistance 

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1 ganization that promotes or performs abortion, except in 

2 cases of rape or incest or when the life of the mother 

3 would be endangered if the fetus were carried to term. 

4 (f) Section 7064(a)(1) and (b) of division F of Public 

5 Law 111–117 shall be applied to funds appropriated by 

6 this division by substituting ‘‘should’’ for ‘‘shall’’ each 

7 place it appears. 

8 (g) Section 7081 of division F of Public Law 111– 

9 117 shall not apply to funds appropriated by this division: 

10 Provided, That the second proviso of section 7081(d) of 

11 division F of Public Law 111–117 is repealed. 

12 (h) Section 7042 of division F of Public Law 111– 

13 117 shall be applied to funds appropriated by this division 

14 by substituting ‘‘$552,900,000’’ for the dollar amount in 

15 subsection (f)(1). 

16 SEC. 2123. (a) The first proviso under the heading 

17 ‘‘Economic Support Fund’’ in division F of Public Law 

18 111–117 shall be applied to funds appropriated by this 

19 division by substituting the following: ‘‘Provided, That of 

20 the funds appropriated under this heading, up to 

21 $250,000,000 may be provided for assistance for Egypt: 

22 Provided further, That any assistance made available to 

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1 nomic and democratic reforms that are additional to those 

2 that were undertaken in previous fiscal years:’’. 

3 (b) The tenth proviso under the heading ‘‘Economic 

4 Support Fund’’ in division F of Public Law 111–117 shall 

5 be applied to funds appropriated by this division by sub6 stituting the following: ‘‘Provided further, That funds ap7 propriated or otherwise made available by this division for 

8 assistance for Afghanistan and Pakistan may not be made 

9 available for direct government-to-government assistance 

10 unless the Secretary of State certifies to the Committees 

11 on Appropriations that the relevant implementing agency 

12 has been assessed and considered qualified to manage such 

13 funds and the Government of the United States and the 

14 government of the recipient country have agreed, in writ15 ing, to clear and achievable goals and objectives for the 

16 use of such funds, and have established mechanisms with17 in each implementing agency to ensure that such funds 

18 are used for the purposes for which they were intended:’’. 

19 (c) The second proviso under the heading ‘‘Inter20 national Security Assistance, Department of State, Peace21 keeping Operations’’ in division F of Public Law 111–117 

22 shall be applied by substituting the following: ‘‘Provided 

23 further, That up to $55,918,000 may be used to pay as24 sessed expenses of international peacekeeping activities in 

25 Somalia, except that up to an additional $35,000,000 may 


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1 be made available for such purpose subject to prior con2 sultation with, and the regular notification procedures of, 

3 the Committees on Appropriations:’’. 

4 (d) Section 7034(n) of division F of Public Law 111– 

5 117 shall be applied to funds appropriated by this division 

6 by adding at the end before the period the following: ‘‘: 

7 Provided, That none of the funds appropriated or other8 wise made available by this division or any other Act mak9 ing appropriations for the Department of State, foreign 

10 operations, and related programs may be used to imple11 ment phase 3 of such authority’’. 

12 (e) Section 7034(n) of division F of Public Law 111– 

13 117 shall be applied to funds appropriated by this division 

14 by adding at the end before the period the following: ‘‘: 

15 Provided, That not less than $10,000,000 should be trans16 ferred and merged with funds available under the heading 

17 ‘Related Agency, Broadcasting Board of Governors, Inter18 national Broadcasting Operations’ to carry out the pur19 poses of this subsection’’. 

20 (f) Section 7042 of division F of Public Law 111– 

21 117 shall be applied to funds appropriated by this division 

22 by substituting the following for the proviso in subsection 

23 (d)(2): ‘‘: Provided, That funds may not be made available 

24 for obligation until the Secretary of State determines and 

25 reports to the Committees on Appropriations that funds 


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1 provided are in the national security interest of the United 

2 States and provides the Committees on Appropriations a 

3 detailed spending plan.’’. 

4 (g) Section 7043 of division F of Public Law 111– 

5 117 shall be applied to funds appropriated by this division 

6 by substituting the following for subsection (b): 

7 ‘‘(b) LIMITATION.—None of the funds appropriated 

8 or otherwise made available in title VI of this division 

9 under the heading ‘Export-Import Bank of the United 

10 States’ may be used by the Export-Import Bank of the 

11 United States to provide any new financing (including 

12 loans, guarantees, other credits, insurance, and reinsur13 ance) to any person that is subject to sanctions under 

14 paragraph (2) or (3) of section 5(a) of the Iran Sanctions 

15 Act of 1996 (Public Law 104–172).’’. 

16 (h) Sections 7061, 7065, 7071(i), and 7087(a) of di17 vision F of Public Law 111–117 shall be applied to funds 

18 appropriated by this division by substituting ‘‘should’’ for 

19 ‘‘shall’’ each place it appears. 

20 (i) Section 7071(b) of division F of Public Law 111– 

21 117 shall be applied to funds appropriated by this division 

22 by substituting ‘‘up to $36,500,000 may’’ for ‘‘not less 

23 than $36,500,000 shall’’ in paragraph (2). 

24 SEC. 2124. (a) IN GENERAL.—Subsections (b) 

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1 priated by this division in lieu of section 7076 of division 

2 F of Public Law 111–117. 

3 (b) LIMITATION.—None of the funds appropriated or 

4 otherwise made available by this division under the head5 ings ‘‘Economic Support Fund’’ and ‘‘International Nar6 cotics Control and Law Enforcement’’ may be obligated 

7 for assistance for Afghanistan until the Secretary of State, 

8 in consultation with the Administrator of the United 

9 States Agency for International Development (USAID), 

10 certifies and reports to the Committees on Appropriations 

11 the following: 

12 (1) The Government of Afghanistan is— 

13 (A) demonstrating a commitment to reduce 

14 corruption and improve governance, including 

15 by investigating, prosecuting, and sanctioning 

16 or removing corrupt officials from office and to 

17 implement financial transparency and account18 ability measures for government institutions 

19 and officials (including the Central Bank); 

20 (B) taking significant steps to facilitate ac21 tive public participation in governance and over22 sight; and 

23 (C) taking credible steps to protect the 

24 internationally recognized human rights of Af25 ghan women. 


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1 (2) There is a unified United States Govern2 ment anti-corruption strategy for Afghanistan. 

3 (3) Funds will be programmed to support and 

4 strengthen the capacity of Afghan public and private 

5 institutions and entities to reduce corruption and to 

6 improve transparency and accountability of national, 

7 provincial, and local governments, as outlined in the 

8 spending plan submitted to the Committees on Ap9 propriations on October 26, 2010 (CN 10–298). 

10 (4) Representatives of Afghan national, provin11 cial, or local governments, local communities and 

12 civil society organizations, as appropriate, will be 

13 consulted and participate in the design of programs, 

14 projects, and activities, including participation in im15 plementation and oversight, and the development of 

16 specific benchmarks to measure progress and out17 comes. 

18 (5) Funds will be used to train and deploy addi19 tional United States Government direct-hire per20 sonnel to improve monitoring and control of assist21 ance. 

22 (6) A framework and methodology is being uti23 lized to assess national, provincial, local, and sector 

24 level fiduciary risks relating to public financial man25 agement of United States Government assistance. 


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1 (c) ASSISTANCE AND OPERATIONS.— 

2 (1) Funds appropriated under the headings 

3 ‘‘Economic Support Fund’’ and ‘‘International Nar4 cotics Control and Law Enforcement’’ by this divi5 sion that are available for assistance for Afghani6 stan— 

7 (A) shall be made available, to the max8 imum extent practicable, in a manner that em9 phasizes the participation of Afghan women, 

10 and directly improves the security, economic 

11 and social well-being, and political status, and 

12 protects the rights of, Afghan women and girls 

13 and complies with sections 7062 and 7063 of 

14 division F of Public Law 111–117, including 

15 support for the Afghan Independent Human 

16 Rights Commission, the Afghan Ministry of 

17 Women’s Affairs, and women-led nongovern18 mental organizations; 

19 (B) may be made available for a United 

20 States contribution to an internationally-man21 aged fund to support the reconciliation with 

22 and disarmament, demobilization and reintegra23 tion into Afghan society of former combatants 

24 who have renounced violence against the Gov25 ernment of Afghanistan: Provided, That funds 


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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 


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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. 


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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. 


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1 (2) Of the funds appropriated by this division under 

2 the heading ‘‘Economic Support Fund’’ for assistance for 

3 Afghanistan, $3,000,000 shall be transferred to, and 

4 merged with, funds made available under the heading 

5 ‘‘Administration of Foreign Affairs, Office of Inspector 

6 General’’ by this division, for increased oversight of pro7 grams in Afghanistan and shall be in addition to funds 

8 otherwise available for such purposes: Provided, That 

9 $1,500,000 shall be for the activities of the Special Inspec10 tor General for Afghanistan Reconstruction. 

11 (3) Of the funds appropriated by this division under 

12 the heading ‘‘Economic Support Fund’’ for assistance for 

13 Afghanistan, $1,500,000 shall be transferred to, and 

14 merged with, funds appropriated under the heading 

15 ‘‘United States Agency for International Development, 

16 Funds Appropriated to the President, Office of Inspector 

17 General’’ by this division for increased oversight of pro18 grams in Afghanistan and shall be in addition to funds 

19 otherwise available for such purposes. 

20 (e) MODIFICATION TO PRIOR PROVISIONS.—(1) Sec21 tion 1004(c)(1)(C) of Public Law 111–212 is amended to 

22 read as follows: 

23 ‘‘(C) taking credible steps to protect the 

24 internationally recognized human rights of Af25 ghan women.’’. 


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1 (2) Section 1004(d)(1) of Public Law 111–212 is 

2 amended to read as follows: 

3 ‘‘(1) Afghan women are participating at na4 tional, provincial, and local levels of government in 

5 the design, policy formulation, and implementation 

6 of the reconciliation or reintegration process, and 

7 such process upholds steps taken by the Government 

8 of Afghanistan to protect the internationally recog9 nized human rights of Afghan women; and’’. 

10 (3) Section 1004(e)(1) of Public Law 111–212 is 

11 amended to read as follows: 

12 ‘‘(1) based on information available to the Sec13 retary, the Independent Electoral Commission has 

14 no members or other employees who participated in, 

15 or helped to cover up, acts of fraud in the 2009 

16 presidential election in Afghanistan, and the Elec17 toral Complaints Commission is a genuinely inde18 pendent body with all the authorities that were in19 vested in it under Afghan law as of December 31, 

20 2009; and’’. 

21 TITLE XII—TRANSPORTATION, HOUSING AND 

22 URBAN DEVELOPMENT, AND RELATED 

23 AGENCIES 

24 SEC. 2201. Notwithstanding section 1101, the level 

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1 ministration, Operations’’ shall be $9,523,028,000, of 

2 which $4,559,000,000 shall be derived from the Airport 

3 and Airway Trust Fund, of which not less than 

4 $7,473,299,000 shall be for air traffic organization activi5 ties and not less than $1,253,020,000 shall be for aviation 

6 regulation and certification activities. 

7 SEC. 2202. Notwithstanding section 1101, the level 

8 for ‘‘Department of Transportation, Federal Aviation Ad9 ministration, Facilities and Equipment’’ shall be 

10 $2,736,203,000, of which $2,226,203,000 shall remain 

11 available through September 30, 2013, and of which 

12 $470,000,000 shall remain available through September 

13 30, 2011. 

14 SEC. 2203. Notwithstanding section 1101, the level 

15 for each of the following accounts shall be $0: ‘‘Depart16 ment of Transportation, Office of the Secretary, National 

17 Infrastructure Investments’’; ‘‘Department of Transpor18 tation, Federal Highway Administration, Surface Trans19 portation Priorities’’; ‘‘Department of Transportation, 

20 Federal Transit Administration, Grants for Energy Effi21 ciency and Greenhouse Gas Reductions’’; ‘‘Department of 

22 Transportation, Federal Railroad Administration, Rail23 road Safety Technology Program’’; ‘‘Department of 

24 Transportation, Federal Railroad Administration, Capital 

25 Assistance for High Speed Rail Corridors and Intercity 


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1 Passenger Rail Service’’; ‘‘Department of Transportation, 

2 Maritime Administration, Assistance to Small Shipyards’’; 

3 and ‘‘Department of Transportation, Federal Transit Ad4 ministration, Grants to the Washington Metropolitan Area 

5 Transit Authority’’. 

6 SEC. 2204. Notwithstanding section 1101, the level 

7 for ‘‘Department of Transportation, Federal Aviation Ad8 ministration, Research, Engineering, and Development’’ 

9 shall be $146,828,000. 

10 SEC. 2205. Notwithstanding section 1101, the level 

11 for ‘‘Department of Transportation, Federal Transit Ad12 ministration, Capital Investment Grants’’ shall be 

13 $1,569,092,000. 

14 SEC. 2206. Notwithstanding section 1101, the level 

15 for ‘‘Department of Transportation, Federal Railroad Ad16 ministration, Rail Line Relocation and Improvement Pro17 gram’’ shall be $15,000,000. 

18 SEC. 2207. Notwithstanding section 1101, the level 

19 for ‘‘Department of Transportation, Federal Railroad Ad20 ministration, Capital and Debt Service Grants to the Na21 tional Railroad Passenger Corporation’’ shall be 

22 $850,000,000. 

23 SEC. 2208. Notwithstanding section 1101, the level 

24 for ‘‘Maritime Administration, Operations and Training’’ 

25 shall be $155,750,000, of which $11,240,000 shall remain 


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1 available until expended for maintenance and repair of 

2 training ships at State Maritime Academies; of which 

3 $15,000,000 shall remain available until expended for cap4 ital improvements at the United States Merchant Marine 

5 Academy; of which $59,057,000 shall be available for op6 erations at the United States Merchant Marine Academy; 

7 and of which $6,000,000 shall remain available until ex8 pended for the reimbursement of overcharged midshipmen 

9 fees for academic years 2003–2004 through 2008–2009, 

10 and such reimbursement shall be the final and conclusive 

11 disposition of claims for such overcharges. 

12 SEC. 2209. Of the prior year unobligated balances 

13 available for ‘‘Department of Transportation, Federal 

14 Railroad Administration, Capital Assistance for High 

15 Speed Rail Corridors and Intercity Passenger Rail Serv16 ice’’, $2,475,000,000 is rescinded. 

17 SEC. 2210. Of the prior year unobligated balances 

18 available for ‘‘Department of Transportation, Office of the 

19 Secretary, National Infrastructure Investments’’, 

20 $600,000,000 is rescinded. 

21 SEC. 2211. Of the funds made available for ‘‘Depart22 ment of Transportation, Federal Transit Administration, 

23 Capital Investment Grants’’ in division A of Public Law 

24 111–117, $280,000,000 is rescinded. 


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1 SEC. 2212. Of the prior year unobligated balances 

2 available for ‘‘Department of Transportation, Federal 

3 Railroad Administration, Railroad Safety Technology Pro4 gram’’, $50,000,000 is rescinded. 

5 SEC. 2213. Of the prior year unobligated balances 

6 available for ‘‘Department of Transportation, Federal 

7 Railroad Administration, Capital Assistance to States— 

8 Intercity Passenger Rail Service’’, $78,423,000 is re9 scinded. 

10 SEC. 2214. Of the prior year unobligated balances 

11 available for ‘‘Department of Transportation, Federal 

12 Transit Administration, Grants for Energy Efficiency and 

13 Greenhouse Gas Reductions’’, $75,000,000 is rescinded. 

14 SEC. 2215. Notwithstanding section 1101, no funds 

15 are provided for activities described in section 122 of title 

16 I of division A of Public Law 111–117. 

17 SEC. 2216. Notwithstanding section 1101, section 

18 172 of title I of division A of Public Law 111–117 shall 

19 not apply to funds appropriated by this division. 

20 SEC. 2217. Notwithstanding section 1101, section 

21 186 of title I of division A of Public Law 111–117 shall 

22 not apply to fiscal year 2011. 

23 SEC. 2218. Notwithstanding section 1101, no funds 

24 are provided for activities described in section 195 of title 

25 I of division A of Public Law 111–117. 


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1 SEC. 2219. (a) Notwithstanding section 1101 of this 

2 division and section 120(a)(5) title I of division A of Pub3 lic Law 111–117, no obligation limitation for Federal-aid 

4 highways for fiscal year 2011 shall be distributed to the 

5 following programs: the interstate maintenance discre6 tionary program under section 118(c) of title 23, United 

7 States Code; the Transportation, Community, and Sys8 tems Preservation program under section 1117 of the 

9 Safe, Accountable, Flexible, Efficient, Transportation Eq10 uity Act: A Legacy for Users; the Ferry Boats discre11 tionary program under sections 129(c) and 147 of title 

12 23, United States Code (except for the funds set aside 

13 under section 147(d) of title 23, United States Code); and 

14 the delta region transportation development program 

15 under section 1308 of the Safe, Accountable, Flexible, Ef16 ficient, Transportation Equity Act: A Legacy for Users. 

17 (b) The obligation limitation reserved under sub18 section (a) of this section shall be instead distributed as 

19 follows: 20 percent to the interstate maintenance program 

20 authorized under section 119 of title 23, United States 

21 Code; 26 percent to the surface transportation program 

22 authorized under section 133 of title 23, United States 

23 Code; 17 percent to the highway bridge program author24 ized under section 144 of title 23, United States Code; 

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1 thorized under section 148 of title 23, United States Code; 

2 7 percent to the congestion mitigation and air quality 

3 maintenance program authorized under section 149 of 

4 title 23; and 25 percent for the national highway system 

5 program authorized under section 103 of title 23, United 

6 States Code: Provided, That the Secretary of Transpor7 tation shall distribute the obligation limitation under sub8 section (a) of this section to each State in the ratio in 

9 which such State is apportioned contract authority for 

10 such programs for fiscal year 2011 under section 104 and 

11 section 144 of title 23, United States Code. 

12 SEC. 2220. Notwithstanding section 1101, the level 

13 for ‘‘Department of Housing and Urban Development, 

14 Public and Indian Housing, Tenant-Based Rental Assist15 ance’’ shall be $14,080,098,711, to remain available 

16 through September 30, 2012, shall be available on October 

17 1, 2010 (in addition to the $4,000,000,000 previously ap18 propriated under such heading that became available on 

19 October 1, 2010), and an additional $4,000,000,000, to 

20 remain available through September 30, 2013, shall be 

21 available on October 1, 2011: Provided, That of the 

22 amounts available for such heading, $16,702,688,117 

23 shall be for activities specified in paragraph (1) under 

24 such heading of division A of Public Law 111–117, 

25 $110,000,000 shall be for activities specified in paragraph 


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1 (2) under such heading in such Public Law, 

2 $1,207,410,594 shall be for activities specified in para3 graph (3) under such heading in such Public Law, of 

4 which $1,157,410,594 shall be used as provided in the 

5 first proviso of such paragraph (3), and $0 shall be for 

6 activities specified in paragraph (6) under such heading 

7 of such Public Law. 

8 SEC. 2221. Notwithstanding section 1101, the level 

9 for ‘‘Department of Housing and Urban Development, 

10 Housing Programs, Project-Based Rental Assistance’’ 

11 shall be $8,882,328,000, to remain available through Sep12 tember 30, 2012, shall be available on October 1, 2010, 

13 and an additional $400,000,000, to remain available 

14 through September 30, 2013, shall be available on October 

15 1, 2011: Provided, That of the amounts available for such 

16 heading, $8,950,000,000 shall be for activities specified 

17 in paragraph (1) under such heading of division A of Pub18 lic Law 111–117 and $326,000,000 shall be available for 

19 activities specified in paragraph (2) under such heading 

20 of such Public Law. 

21 SEC. 2222. Notwithstanding section 1101, the level 

22 for each of the following accounts shall be $0: ‘‘Depart23 ment of Housing and Urban Development, Public and In24 dian Housing, Revitalization of Severely Distressed Public 

25 Housing (HOPE VI)’’; ‘‘Department of Housing and 


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1 Urban Development, Public and Indian Housing, Native 

2 Hawaiian Housing Block Grants’’; ‘‘Department of Hous3 ing and Urban Development, Housing Programs, Housing 

4 Counseling Assistance’’; ‘‘Department of Housing and 

5 Urban Development, Housing Programs, Energy Innova6 tion Fund’’; and ‘‘Department of Housing and Urban De7 velopment, Community Planning and Development, 

8 Brownfields Redevelopment’’. 

9 SEC. 2223. Notwithstanding section 1101, the level 

10 for ‘‘Department of Housing and Urban Development, 

11 Public and Indian Housing, Public Housing Operating 

12 Fund’’ shall be $4,626,000,000. 

13 SEC. 2224. Notwithstanding section 1101, the level 

14 for ‘‘Department of Housing and Urban Development, 

15 Public and Indian Housing, Public Housing Capital 

16 Fund’’ shall be $1,428,000,000. 

17 SEC. 2225. Notwithstanding section 1101, the level 

18 for ‘‘Department of Housing and Urban Development, 

19 Public and Indian Housing, Native American Housing 

20 Block Grants’’ shall be $500,000,000. 

21 SEC. 2226. Notwithstanding section 1101, the level 

22 for ‘‘Department of Housing and Urban Development, 

23 Community Planning and Development, Community De24 velopment Fund’’ shall be $1,500,000,000: Provided, That 

25 the funds made available under such heading shall be used 


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1 only for assistance under the community development 

2 block grant program that is provided under section 106 

3 of the Housing and Community Development Act of 1974 

4 (42 U.S.C. 5306), as amended: Provided further, That 

5 none of the funds appropriated or otherwise made avail6 able by this Act may be used for a Sustainable Commu7 nities Initiative. 

8 SEC. 2227. Notwithstanding section 1101, the level 

9 for ‘‘Department of Housing and Urban Development, 

10 Community Planning and Development, HOME Invest11 ment Partnerships Program’’ shall be $1,650,000,000. 

12 SEC. 2228. Notwithstanding section 1101, the level 

13 for ‘‘Department of Housing and Urban Development, Of14 fice of Lead Hazard Control and Healthy Homes, Lead 

15 Hazard Reduction’’ shall be $120,000,000. 

16 SEC. 2229. Notwithstanding section 1101, the level 

17 for ‘‘Department of Housing and Urban Development, 

18 Federal Housing Administration, Mutual Mortgage Insur19 ance Program Account’’ for administrative contract ex20 penses shall be $207,000,000. 

21 SEC. 2230. Of the prior year unobligated balances 

22 available for ‘‘Department of Housing and Urban Devel23 opment, Community Planning and Development, 

24 Brownfields Redevelopment’’, $17,300,000 is rescinded. 


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1 SEC. 2231. Of the prior year unobligated balances 

2 available for ‘‘Department of Housing and Urban Devel3 opment, Public and Indian Housing, Revitalization of Se4 verely Distressed Public Housing (HOPE VI)’’, 

5 $198,000,000 is rescinded. 

6 SEC. 2232. Of the prior year unobligated balances 

7 available for ‘‘Department of Housing and Urban Devel8 opment, Community Planning and Development, Commu9 nity Development Fund’’, $130,000,000 made available 

10 for a Sustainable Communities Initiative is rescinded. 

11 SEC. 2233. Of the prior year unobligated balances 

12 available for ‘‘Department of Housing and Urban Devel13 opment, Housing Programs, Energy Innovation Fund’’, 

14 $49,500,000 is rescinded. 

15 SEC. 2234. The heading ‘‘Department of Housing 

16 and Urban Development, Management and Administra17 tion, Transformation Initiative’’ in title II of division A 

18 of Public Law 111–117, is amended by striking ‘‘For nec19 essary expenses’’ and all that follows through the end of 

20 such heading and inserting the following: ‘‘For necessary 

21 expenses of information technology modernization includ22 ing development and deployment of a Next Generation of 

23 Voucher Management System and development and de24 ployment of modernized Federal Housing Administration 

25 systems, $71,000,000: Provided, That not more than 25 


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1 percent of the funds made available for information tech2 nology modernization may be obligated until the Secretary 

3 of Housing and Urban Development submits to the House 

4 and Senate Committees on Appropriations a plan for ex5 penditure that: (1) identifies, for each modernization 

6 project: (A) the functional and performance capabilities to 

7 be delivered and the mission benefits to be realized; (B) 

8 the estimated lifecycle cost; and (C) key milestones to be 

9 met; (2) demonstrates that each modernization project is: 

10 (A) compliant with the Department’s enterprise architec11 ture; (B) being managed in accordance with applicable 

12 lifecycle management policies and guidance; (C) subject to 

13 the Department’s capital planning and investment control 

14 requirements; and (D) supported by an adequately staffed 

15 project office; and (3) has been reviewed by the Govern16 ment Accountability Office.’’. 

17 SEC. 2235. Notwithstanding section 1101, the level 

18 for ‘‘National Railroad Passenger Corporation, Office of 

19 Inspector General, Salaries and Expenses’’ shall be 

20 $19,350,000. 

21 SEC. 2236. No rescission made in this title shall 

22 apply to any amount previously designated by the Con23 gress as an emergency requirement pursuant to a concur24 rent resolution on the budget or the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 


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1 SEC. 2237. Notwithstanding section 1101, the level 

2 for ‘‘Department of Housing and Urban Development, 

3 Housing Programs, Housing for the Elderly’’ shall be 

4 $237,700,000: Provided, That none of the funds made 

5 available under this heading shall be used for capital ad6 vances or project rental assistance contracts. 

7 SEC. 2238. Notwithstanding section 1101, the level 

8 for ‘‘Department of Housing and Urban Development, 

9 Housing Programs, Housing for Persons with Disabil10 ities’’ shall be $90,036,817: Provided, That none of the 

11 funds made available under this heading shall be used for 

12 capital advances or project rental assistance contracts: 

13 Provided further, That none of the funds shall be used for 

14 amendments or renewals of tenant-based assistance con15 tracts entered into prior to fiscal year 2005. 

16 DIVISION C—STIMULUS RESCISSIONS 

17 SEC. 3001. (a) There are hereby rescinded all unobli18 gated balances remaining available as of February 11, 

19 2011, of the discretionary appropriations provided by divi20 sion A of the American Recovery and Reinvestment Act 

21 of 2009 (Public Law 111–5). 

22 (b) Subsection (a) shall not apply to funds appro23 priated or otherwise made available to Offices of Inspector 

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1 parency Board by division A of the American Recovery 

2 and Reinvestment Act of 2009 (Public Law 111–5). 

3 SEC. 3002. Hereafter, no Federal agency admin4 istering funds provided by division A of the American Re5 covery and Reinvestment Act of 2009 (Public Law 111– 

6 5) may provide funding or reimbursement to any entity 

7 awarded funds from such Act for the cost associated with 

8 physical signage or other advertisement indicating that a 

9 project is funded by such Act. 

10 DIVISION D—MISCELLANEOUS 

11 PROVISIONS 

12 SPENDING REDUCTION ACCOUNT

13 SEC. 4001. The amount by which each applicable al14 location of new budget authority made by the Committee 

15 on Appropriations of the House of Representatives under 

16 section 302(b) of the Congressional Budget Act of 1974 

17 exceeds the amount of related proposed new budget au18 thority is as follows: 

19 (1) Agriculture, Rural Development, Food and 

20 Drug Administration, and Related Agencies, 

21 $1,972,000,000. 

22 (2) Commerce, Justice, Science, and Related 

23 Agencies, $1,405,000,000 (increased by 

24 $34,023,000). 


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1 (3) Defense, $1,500,000,000 (increased by 

2 $450,000,000). 

3 (4) Energy and Water Development, and Re4 lated Agencies, $100,000,000. 

5 (5) Financial Services and General Govern6 ment, $750,000,000. 

7 (6) Homeland Security, $1,000,000,000. 

8 (7) Interior, Environment, and Related Agen9 cies, $1,750,000,000 (increased by $1,897,000) (in10 creased by $2,000,000) (increased by $8,458,000) 

11 (increased by $10,000,000) (increased by 

12 $20,594,000) (increased by $15,000,000) (increased 

13 by $4,500,000). 

14 (8) Labor, Health and Human Services, Edu15 cation, and Related Agencies, $10,901,000,000. 

16 (9) Legislative Branch, $100,000,000 (in17 creased by $1,500,000). 

18 (10) Military Construction, Veterans Affairs, 

19 and Related Agencies, $500,000,000. 

20 (11) State, Foreign Operations, and Related 

21 Programs, $2,000,000,000 (increased by 

22 $42,676,000) (increased $10,716,000) (increased by 

23 $20,000,000). 

24 (12) Transportation, Housing and Urban De25 velopment, and Related Agencies, $3,923,000,000. 


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1 SEC. 4002. None of the funds made available by this 

2 Act for Department of Homeland Security, Federal Emer3 gency Management Agency, State and Local Programs 

4 may be used to provide grants under the Urban Area Se5 curity Initiative under section 2003 of the Homeland Se6 curity Act of 2002 (6 U.S.C. 604) to more than 25 high7 risk urban areas. 

8 SEC. 4003. For ‘‘Department of Justice, Office of 

9 Justice Programs, Justice Assistance’’ for an additional 

10 amount to amounts otherwise made available by this Act 

11 for carrying out title I of the PROTECT Our Children 

12 Act of 2008, as authorized by section 107 of such Act 

13 (Public Law 110–401), there is hereby appropriated, and 

14 the amount made available by this Act for ‘‘Department 

15 of Justice, Office of Justice Programs, Justice Assist16 ance’’ is hereby reduced by, $30,000,000. 

17 SEC. 4004. None of the funds made available by this 

18 Act may be used to carry out chapter 95 or chapter 96 

19 of the Internal Revenue Code of 1986. 

20 SEC. 4005. None of the funds made available in this 

21 Act may be used to enforce the requirements in— 

22 (1) section 34(a)(1)(A) of the Federal Fire Pre23 vention and Control Act of 1974 (15 U.S.C. 

24 2229a(a)(1)(A)); 

25 (2) section 34(a)(1)(B) of such Act; 


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1 (3) section 34(c)(1) of such Act; 

2 (4) section 34(c)(4)(A) of such Act; and 

3 (5) section 34(c)(4)(A) of such Act. 

4 SEC. 4006. None of the funds made available by this 

5 Act may be used to implement the Report and Order of 

6 the Federal Communications Commission relating to the 

7 matter of preserving the open Internet and broadband in8 dustry practices (FCC 10–201, adopted by the Commis9 sion on December 21, 2010). 

10 SEC. 4007. None of the funds made available by this 

11 Act may be used for the payment of fees and other ex12 penses under section 504 of title 5, United States Code, 

13 or section 2412(d) of title 28, United States Code. 

14 SEC. 4008. None of the funds made available by this 

15 Act may be used to implement, administer, or enforce the 

16 rule entitled ‘‘National Emission Standards for Hazardous 

17 Air Pollutants From the Portland Cement Manufacturing 

18 Industry and Standards of Performance for Portland Ce19 ment Plants’’ published by the Environmental Protection 

20 Agency on September 9, 2010 (75 Fed. Reg. 54970 et 

21 seq.). 

22 SEC. 4009. None of the funds made available by this 

23 Act may be used to pay the salaries and expenses for the 

24 following positions and their offices: 


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1 (1) Director, White House Office of Health Re2 form. 

3 (2) Assistant to the President for Energy and 

4 Climate Change. 

5 (3) Special Envoy for Climate Change. 

6 (4) Special Advisor for Green Jobs, Enterprise 

7 and Innovation, Council on Environmental Quality. 

8 (5) Senior Advisor to the Secretary of the 

9 Treasury assigned to the Presidential Task Force on 

10 the Auto Industry and Senior Counselor for Manu11 facturing Policy. 

12 (6) White House Director of Urban Affairs. 

13 (7) Special Envoy to oversee the closure of the 

14 Detention Center at Guantanamo Bay. 

15 (8) Special Master for TARP Executive Com16 pensation, Department of the Treasury. 

17 (9) Associate General Counsel and Chief Diver18 sity Officer, Federal Communications Commission. 

19 SEC. 4010. The amounts otherwise provided by this 

20 Act are revised by reducing the amount made available 

21 for ‘‘Department of Health and Human Services, Health 

22 Resources and Services Administration, Health Resources 

23 and Services’’, by reducing the amount made available for 

24 ‘‘Department of Health and Human Services, Centers for 

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1 search, and Training’’, by reducing the amount made 

2 available for ‘‘Department of Health and Human Services, 

3 National Institutes of Health’’, and by increasing the 

4 amount made available for ‘‘Department of Health and 

5 Human Services, Health Resources and Services Adminis6 tration, Health Resources and Services’’, by $14,000,000, 

7 by $14,000,000, by an additional $14,000,000, and by 

8 $42,000,000, respectively. 

9 SEC. 4011. None of the funds made available by this 

10 Act may be used to provide any of the following types of 

11 assistance to Chad: international military education and 

12 training (IMET), foreign military financing (FMF), provi13 sion of excess defense articles, foreign military forces ca14 pacity assistance (section 1206 of the National Defense 

15 Authorization Act for Fiscal Year 2006), and direct com16 mercial sales of military equipment. 

17 SEC. 4012. None of the funds made available by this 

18 Act may be used to— 

19 (1) implement, administer, or enforce the final 

20 regulations on ‘‘Program Integrity: Gainful Employ21 ment—New Programs’’ published by the Depart22 ment of Education in the Federal Register on Octo23 ber 29, 2010 (75 Fed. Reg. 66665 et seq.); 

24 (2) issue a final rule or otherwise implement 

25 the proposed rule on ‘‘Program Integrity: Gainful 


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1 Employment’’ published by the Department of Edu2 cation on July 26, 2010 (75 Fed. Reg. 43616 et 

3 seq.); 

4 (3) implement, administer, or enforce section 

5 668.6 of title 34, Code of Federal Regulations, (re6 lating to gainful employment), as amended by the 

7 final regulations published by the Department of 

8 Education in the Federal Register on October 29, 

9 2010 (75 Fed Reg. 66832 et seq.); or 

10 (4) promulgate or enforce any new regulation 

11 or rule with respect to the definition or application 

12 of the term ‘‘gainful employment’’ under the Higher 

13 Education Act of 1965 on or after the date of enact14 ment of this Act. 

15 SEC. 4013. None of the funds made available by this 

16 Act may be made available for any purpose to Planned 

17 Parenthood Federation of America, Inc. or any of the fol18 lowing affiliates of Planned Parenthood Federation of 

19 America, Inc.: 

20 (1) Planned Parenthood Southeast in Atlanta, 

21 Georgia. 

22 (2) Planned Parenthood of the Great Northwest 

23 in Seattle, Washington. 

24 (3) Planned Parenthood Arizona in Phoenix, 

25 Arizona. 


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1 (4) Planned Parenthood of Arkansas and East2 ern Oklahoma in Tulsa, Oklahoma. 

3 (5) Planned Parenthood of Greater Memphis 

4 Region in Memphis, Tennessee. 

5 (6) Planned Parenthood Affiliates of California 

6 in Sacramento, California. 

7 (7) Planned Parenthood Los Angeles in Los 

8 Angeles, California. 

9 (8) Planned Parenthood Mar Monte in San 

10 Jose, California. 

11 (9) Planned Parenthood of Orange & San 

12 Bernardino Counties, Inc. in Orange, California. 

13 (10) Planned Parenthood Pasadena and San 

14 Gabriel Valley, Inc. in Pasadena, California. 

15 (11) Planned Parenthood of the Pacific South16 west in San Diego, California. 

17 (12) Planned Parenthood of Santa Barbara, 

18 Ventura & San Luis Obispo Counties in Santa Bar19 bara, California. 

20 (13) Planned Parenthood: Shasta-Diablo in 

21 Concord, California. 

22 (14) Six Rivers Planned Parenthood in Eureka, 

23 California. 

24 (15) Planned Parenthood of the Rocky Moun25 tains in Denver, Colorado. 


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1 (16) Planned Parenthood of Southern New 

2 England, Inc. in New Haven, Connecticut. 

3 (17) Planned Parenthood of Delaware in Wil4 mington, Delaware. 

5 (18) Planned Parenthood of Metropolitan 

6 Washington, D.C., Inc. in Washington, District of 

7 Columbia. 

8 (19) Florida Association of Planned Parenthood 

9 Affiliates in Sarasota, Florida. 

10 (20) Planned Parenthood of Collier County in 

11 Naples, Florida. 

12 (21) Planned Parenthood of Greater Orlando, 

13 Inc. in Orlando, Florida. 

14 (22) Planned Parenthood of North Florida in 

15 Jacksonville, Florida. 

16 (23) Planned Parenthood of South Florida and 

17 the Treasure Coast, Inc. in West Palm Beach, Flor18 ida. 

19 (24) Planned Parenthood of Southwest and 

20 Central Florida, Inc. in Sarasota, Florida. 

21 (25) Planned Parenthood of Hawaii in Hono22 lulu, Hawaii. 

23 (26) Planned Parenthood of Greater Wash24 ington and North Idaho in Yakima, Washington. 


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1 (27) Planned Parenthood of Illinois in Chicago, 

2 Illinois. 

3 (28) Planned Parenthood of the St. Louis Re4 gion in St. Louis, Missouri. 

5 (29) Planned Parenthood of Indiana, Inc. in In6 dianapolis, Indiana. 

7 (30) Iowa Planned Parenthood Affiliate League 

8 in Des Moines, Iowa. 

9 (31) Planned Parenthood of East Central Iowa 

10 in Cedar Rapids, Iowa. 

11 (32) Planned Parenthood of the Heartland in 

12 Des Moines, Iowa. 

13 (33) Planned Parenthood of Southeast Iowa in 

14 Burlington, Iowa. 

15 (34) Planned Parenthood of Kansas and Mid16 Missouri in Overland Park, Kansas. 

17 (35) Planned Parenthood of Kentucky, Inc. in 

18 Louisville, Kentucky. 

19 (36) Planned Parenthood Southwest Ohio Re20 gion in Cincinnati, Ohio. 

21 (37) Planned Parenthood Gulf Coast, Inc. in 

22 Houston, Texas. 

23 (38) Planned Parenthood of Northern New 

24 England in Williston, Vermont. 


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1 (39) Planned Parenthood of Maryland, Inc. in 

2 Baltimore, Maryland. 

3 (40) Planned Parenthood League of Massachu4 setts in Boston, Massachusetts. 

5 (41) Planned Parenthood Affiliates of Michigan 

6 in Lansing, Michigan. 

7 (42) Planned Parenthood of West and Northern 

8 Michigan in Grand Rapids, Michigan. 

9 (43) Planned Parenthood Mid and South Michi10 gan in Ann Arbor, Michigan. 

11 (44) Planned Parenthood of South Central 

12 Michigan in Kalamazoo, Michigan. 

13 (45) Planned Parenthood of Minnesota, North 

14 Dakota, South Dakota in St. Paul, Minnesota. 

15 (46) Planned Parenthood of Southwest Mis16 souri in St. Louis, Missouri. 

17 (47) Tri-Rivers Planned Parenthood in Rolla, 

18 Missouri. 

19 (48) Planned Parenthood of Montana, Inc. in 

20 Billings, Montana. 

21 (49) Planned Parenthood of the Heartland in 

22 Omaha, Nebraska. 

23 (50) Planned Parenthood Affiliates of New Jer24 sey in Trenton, New Jersey. 


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1 (51) Planned Parenthood Association of the 

2 Mercer Area in Trenton, New Jersey. 

3 (52) Planned Parenthood of Central New Jer4 sey in Shrewsbury, New Jersey. 

5 (53) Planned Parenthood of Greater Northern 

6 New Jersey, Inc. in Morristown, New Jersey. 

7 (54) Planned Parenthood of Metropolitan New 

8 Jersey in Newark, New Jersey. 

9 (55) Planned Parenthood of Southern New Jer10 sey in Camden, New Jersey. 

11 (56) Planned Parenthood of New Mexico, Inc. 

12 in Albuquerque, New Mexico. 

13 (57) Family Planning Advocates of New York 

14 State in Albany, New York. 

15 (58) Planned Parenthood Hudson Peconic, Inc. 

16 in Hawthorne, New York. 

17 (59) Planned Parenthood Mohawk Hudson in 

18 Utica, New York. 

19 (60) Planned Parenthood of Mid-Hudson Val20 ley, Inc. in Poughkeepsie, New York. 

21 (61) Planned Parenthood of Nassau County, 

22 Inc. in Hempstead, New York. 

23 (62) Planned Parenthood of New York City, 

24 Inc. in New York, New York. 


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1 (63) Planned Parenthood of the North Country 

2 New York, Inc. in Watertown, New York. 

3 (64) Planned Parenthood of South Central New 

4 York, Inc. in Oneonta, New York. 

5 (65) Planned Parenthood of the Rochester/Syr6 acuse Region in Rochester, New York. 

7 (66) Planned Parenthood of the Southern Fin8 ger Lakes in Ithaca, New York. 

9 (67) Planned Parenthood of Western New 

10 York, Inc. in Buffalo, New York. 

11 (68) Upper Hudson Planned Parenthood, Inc. 

12 in Albany, New York. 

13 (69) Planned Parenthood Health Systems, Inc. 

14 in Raleigh, North Carolina. 

15 (70) Planned Parenthood of Central North 

16 Carolina in Chapel Hill, North Carolina. 

17 (71) Planned Parenthood Affiliates of Ohio in 

18 Columbus, Ohio. 

19 (72) Planned Parenthood of Central Ohio, Inc. 

20 in Columbus, Ohio. 

21 (73) Planned Parenthood of Northeast Ohio in 

22 Akron, Ohio. 

23 (74) Planned Parenthood of Northwest Ohio in 

24 Toledo, Ohio. 


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1 (75) Planned Parenthood of Southeast Ohio in 

2 Athens, Ohio. 

3 (76) Planned Parenthood of Central Oklahoma, 

4 Inc. in Oklahoma City, Oklahoma. 

5 (77) Planned Parenthood Advocates of Oregon 

6 in Eugene, Oregon. 

7 (78) Planned Parenthood of Southwestern Or8 egon in Eugene, Oregon. 

9 (79) Planned Parenthood Columbia Willamette 

10 in Portland, Oregon. 

11 (80) Planned Parenthood Pennsylvania Advo12 cates in Harrisburg, Pennsylvania. 

13 (81) Planned Parenthood Association of Bucks 

14 County in Warminster, Pennsylvania. 

15 (82) Planned Parenthood of Central Pennsyl16 vania, Inc. in York, Pennsylvania. 

17 (83) Planned Parenthood of Northeast and 

18 Mid-Penn in Trexlertown, Pennsylvania. 

19 (84) Planned Parenthood of Western Pennsyl20 vania in Pittsburgh, Pennsylvania. 

21 (85) Planned Parenthood Southeastern Penn22 sylvania in Philadelphia, Pennsylvania. 

23 (86) Planned Parenthood of Middle and East 

24 Tennessee, Inc. in Nashville, Tennessee. 


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1 (87) Texas Association of Planned Parenthood 

2 Affiliates in Austin, Texas. 

3 (88) Planned Parenthood Association of Cam4 eron & Willacy Counties, Inc. in Brownsville, Texas. 

5 (89) Planned Parenthood Association of Hi6 dalgo County, Inc. in McAllen, Texas. 

7 (90) Planned Parenthood Association of Lub8 bock, Inc. in Lubbock, Texas. 

9 (91) Planned Parenthood of Central Texas, Inc. 

10 in Waco, Texas. 

11 (92) Planned Parenthood of North Texas, Inc. 

12 in Dallas, Texas. 

13 (93) Planned Parenthood of the Texas Capital 

14 Region in Austin, Texas. 

15 (94) Planned Parenthood of West Texas, Inc. 

16 in Odessa, Texas. 

17 (95) Planned Parenthood Trust of San Antonio 

18 and South Central Texas in San Antonio, Texas. 

19 (96) Planned Parenthood Association of Utah 

20 in Salt Lake City, Utah. 

21 (97) Planned Parenthood Advocates of Virginia 

22 in Charlottesville, Virginia. 

23 (98) Planned Parenthood of Southeastern Vir24 ginia, Inc. in Hampton, Virginia. 


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1 (99) Virginia League for Planned Parenthood 

2 in Richmond, Virginia. 

3 (100) Planned Parenthood Public Policy Net4 work of Washington in Seattle, Washington. 

5 (101) Mt. Baker Planned Parenthood in Bel6 lingham, Washington. 

7 (102) Planned Parenthood of Wisconsin, Inc. in 

8 Milwaukee, Wisconsin. 

9 SEC. 4014. None of the funds made available by this 

10 Act may be used by the Environmental Appeals Board to 

11 consider, review, reject, remand, or otherwise invalidate 

12 any permit issued for Outer Continental Shelf sources lo13 cated offshore of the States along the Arctic Coast under 

14 section 328(a) of the Clean Air Act (42 U.S.C. 7627(a)). 

15 SEC. 4015. (a) None of the funds made available by 

16 this Act may be used by the Environmental Protection 

17 Agency to implement, administer, or enforce any statutory 

18 or regulatory requirement pertaining to emissions of car19 bon dioxide, methane, nitrous oxide, sulfur hexafluoride, 

20 hydrofluorocarbons, or perfluorocarbons from stationary 

21 sources that is issued or becomes applicable or effective 

22 after January 1, 2011. 

23 (b) In this section, the term ‘‘stationary source’’ has 

24 the meaning given such term in section 111(a)(3) of the 

25 Clean Air Act (42 U.S.C. 7411(a)(3)). 


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1 SEC. 4016. None of the funds made available by this 

2 Act may be paid to any employee, officer, contractor, or 

3 grantee of any department or agency funded by title VIII 

4 of division B of this Act to implement the provisions of 

5 Public Law 111–148 or title I or subtitle B of title II 

6 of Public Law 111–152. 

7 SEC. 4017. None of the funds made available by this 

8 Act may be used to carry out the provisions of Public Law 

9 111–152, or any amendment made by either such Public 

10 Law. 

11 SEC. 4018. None of the funds made available by this 

12 Act may be used to pay the salary of any officer or em13 ployee of any Federal department or agency with respect 

14 to carrying out the provisions of Public Law 111–148, 

15 Public Law 111–152, or any amendment made by either 

16 such Public Law. 

17 SEC. 4019. None of the funds made available by this 

18 Act may be used by the Internal Revenue Service to imple19 ment or enforce section 5000A of the Internal Revenue 

20 Code of 1986, section 6055 of such Code, section 1502(c) 

21 of the Patient Protection and Affordable Care Act, or any 

22 amendments made by section 1502(b) of such Act. 

23 SEC. 4020. None of the funds made available by this 

24 Act may be used to take any action to effect or implement 


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1 the disestablishment, closure, or realignment of the United 

2 States Joint Forces Command. 

3 SEC. 4021. None of the funds made available by this 

4 Act may be used to change any rate of salary or basic 

5 pay pursuant to section 1113 of Public Law 111–32. 

6 SEC. 4022. None of the funds appropriated by this 

7 Act may be used for the Community Connect broadband 

8 grant program administered by the Rural Utilities Service 

9 of the Department of Agriculture. 

10 SEC. 4023. None of the funds made available by this 

11 Act may be used to provide assistance to Saudi Arabia. 

12 SEC. 4024. None of the funds made available by this 

13 Act for ‘‘International Military Education and Training’’ 

14 may be used for assistance for Saudi Arabia. 

15 SEC. 4025. None of the funds made available by this 

16 Act for ‘‘Nonproliferation, Anti-terrorism, Demining and 

17 Related Programs’’ may be used for assistance for Saudi 

18 Arabia. 

19 SEC. 4026. None of the funds made available by this 

20 Act may be used to pay the salaries and expenses of per21 sonnel of the Department of Agriculture to provide non22 recourse marketing assistance loans for mohair under sec23 tion 1201 of the Food, Conservation, and Energy Act of 

24 2008 (7 U.S.C. 8731). 


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1 SEC. 4027. None of the funds made available by divi2 sion B may be used by the Department of Health and 

3 Human Services to implement or enforce section 2718 of 

4 the Public Health Service Act, as added by section 

5 1001(5) and replaced by section 10101(f) of the Patient 

6 Protection and Affordable Care Act (Public Law 111– 

7 148). 

8 SEC. 4028. None of the funds made available by this 

9 Act may be used to implement the Klamath Dam Removal 

10 and Sedimentation Study. 

11 SEC. 4029. None of the funds made available by this 

12 Act may be used by the Secretary of Agriculture to imple13 ment or enforce Subpart B of the Travel Management 

14 Rule (subpart B of part 212 of title 36, Code of Federal 

15 Regulations), relating to the designation of roads, trails, 

16 and areas for motor vehicle use, in any administrative unit 

17 of the National Forest System. 

18 SEC. 4030. None of the funds made available by this 

19 Act may be used to require a person licensed under section 

20 923 of title 18, United States Code, to report information 

21 to the Department of Justice regarding the sale of mul22 tiple rifles or shotguns to the same person. 

23 SEC. 4031. None of the funds made available by divi24 sion A of this Act for Department of Defense, Operation 

25 and Maintenance, Defense-wide may be used for official 


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1 representation purposes, as defined by Department of De2 fense Instruction 7250.13, dated June 30, 2009. 

3 SEC. 4032. None of the funds made available by divi4 sion B of this Act may be used to develop, carry out, im5 plement, or otherwise enforce proposed regulations pub6 lished June 18, 2010 (75 Fed. Reg. 34,667) by the Office 

7 of Surface Mining Reclamation and Enforcement of the 

8 Department of the Interior. 

9 SEC. 4033. None of the funds made available by this 

10 Act may be used to develop, promulgate, evaluate, imple11 ment, provide oversight to, or backstop total maximum 

12 daily loads or watershed implementation plans for the 

13 Chesapeake Bay Watershed. 

14 SEC. 4034. None of the funds made available by this 

15 Act may be used to pay the salary of any officer or em16 ployee of the Department of Health and Human Services 

17 who develops or promulgates regulations or guidance with 

18 regard to Exchanges under subtitle D of title I of the Pa19 tient Protection and Affordable Care Act (42 U.S.C. 

20 18021 et seq.). 

21 SEC. 4035. None of the funds made available by this 

22 Act may be used to implement, administer, or enforce the 

23 rule entitled ‘‘Water Quality Standards for the State of 

24 Florida’s Lakes and Flowing Waters’’ published in the 


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1 Federal Register by the Environmental Protection Agency 

2 on December 6, 2010 (75 Fed. Reg. 75762 et seq.). 

3 SEC. 4036. None of the funds made available in this 

4 Act may be used for the design, renovation, construction, 

5 or rental of any headquarters for the United Nations in 

6 any location in the United States. 

7 SEC. 4037. None of the funds made available by this 

8 Act may be used for the construction of an ethanol blender 

9 pump or an ethanol storage facility. 

10 SEC. 4038. None of the funds made available by this 

11 Act may be used to implement, establish, or create a 

12 NOAA Climate Service (NCS) as described in the ‘‘Draft 

13 NOAA Climate Service Strategic Vision and Framework’’ 

14 published at 75 Fed. Reg. 57739 (September 22, 2010) 

15 and updated on December 20, 2010. 

16 SEC. 4039. None of the funds made available by this 

17 Act to the Environmental Protection Agency, the Corps 

18 of Engineers, or the Office of Surface Mining Reclamation 

19 and Enforcement may be used to carry out, implement, 

20 administer, or enforce any policy or procedure set forth 

21 in— 

22 (1) the memorandum issued by the Environ23 mental Protection Agency and Department of the 

24 Army entitled ‘‘Enhanced Surface Coal Mining 


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1 Pending Permit Coordination Procedures’’, dated 

2 June 11, 2009; or 

3 (2) the guidance (or any revised version there4 of) issued by the Environmental Protection Agency 

5 entitled ‘‘Improving EPA Review of Appalachian 

6 Surface Coal Mining Operations under the Clean 

7 Water Act, National Environmental Policy Act, and 

8 the Environmental Justice Executive Order’’, dated 

9 April 1, 2010. 

10 SEC. 4040. None of the funds made available by this 

11 Act may be used to develop or approve a new limited ac12 cess privilege program (as that term is used in section 

13 303A the Magnuson-Stevens Fishery Conservation and 

14 Management Act (16 U.S.C. 1853a) for any fishery under 

15 the jurisdiction of the South Atlantic, Mid-Atlantic, New 

16 England, or Gulf of Mexico Fishery Management Council. 

17 SEC. 4041. None of the funds made available by this 

18 Act may be used for the study of the Missouri River 

19 Projects authorized in section 108 of the Energy and 

20 Water Development and Related Agencies Appropriations 

21 Act, 2009 (division C of Public Law 111–8). 

22 SEC. 4042. None of the funds made available by this 

23 Act may be used for contributions to the Intergovern24 mental Panel on Climate Change (IPCC). 


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1 SEC. 4043. No funds made available by this Act may 

2 be used to implement— 

3 (1) the decision of the Administrator of the En4 vironmental Protection Agency entitled ‘‘Partial 

5 Grant and Partial Denial of Clean Air Act Waiver 

6 Application Submitted by Growth Energy To In7 crease the Allowable Ethanol Content of Gasoline to 

8 15 Percent’’ published in the Federal Register on 

9 November 4, 2010 (75 Fed. Reg. 68093 et seq.); or 

10 (2) the decision of the Administrator of the En11 vironmental Protection Agency entitled ‘‘Partial 

12 Grant of Clean Air Act Waiver Application Sub13 mitted by Growth Energy To Increase the Allowable 

14 Ethanol Content of Gasoline to 15 Percent’’ pub15 lished in the Federal Register on January 26, 2011 

16 (76 Fed. Reg. 4662 et seq.). 

17 SEC. 4044. None of the funds made available by this 

18 Act may be used by the Administrator of the Environ19 mental Protection Agency to carry out section 404(c) of 

20 the Federal Water Pollution Control Act (33 U.S.C. 

21 1344(c)). 

22 SEC. 4045. None of the funds made available by this 

23 Act may be used by the Environmental Protection Agency 

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1 bustion waste as hazardous waste subject to regulation 

2 under subtitle C of the Solid Waste Disposal Act (42 

3 U.S.C. 6921 et seq.) or otherwise makes fossil fuel com4 bustion waste subject to regulation under such subtitle. 

5 SEC. 4046. None of the funds made available by this 

6 Act may be used to carry out any of the activities de7 scribed in section 6A of the Consumer Product Safety Act 

8 (15 U.S.C. 2055a). 

9 SEC. 4047. None of the funds made available by this 

10 Act may be used to pay the salary of any officer or em11 ployee of the Center for Consumer Information and Insur12 ance Oversight in the Department of Health and Human 

13 Services. 

14 SEC. 4048. No funds made available by this Act may 

15 be used to modify the national primary ambient air quality 

16 standard or the national secondary ambient air quality 

17 standard applicable to coarse particulate matter under 

18 section 109 of the the Clean Air Act. 

19 SEC. 4049. None of the funds made available by this 

20 Act may be used to pay the salary of any officer or em21 ployee of the Department of Health and Human Services, 

22 the Department of Labor, or the Department of the 

23 Treasury who takes any action to specify or define, 

24 through regulations, guidelines, or otherwise, essential 


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1 benefits under section 1302 of the Patient Protection and 

2 Affordable Care Act (42 U.S.C. 18022). 

3 SEC. 4050. None of the funds made available by this 

4 Act may be used to implement section 1899A of the Social 

5 Security Act (42 U.S.C. 1395kkk), as added by section 

6 3403 of the Patient Protection and Affordable Care Act 

7 (Public Law 111–148). 

8 SEC. 4051. None of the funds made available by this 

9 Act may be used to carry out paragraph (11) of section 

10 101 of Public Law 111–226 (124 Stat. 2389). 

11 This Act may be cited as the ‘‘Full-Year Continuing 

12 Appropriations Act, 2011’’. 

13 That the following sums are hereby appropriated, out of 

14 any money in the Treasury not otherwise appropriated, for 

15 fiscal year 2013, and for other purposes, namely: 

16 SUPPLEMENTAL APPROPRIATIONS FOR 

17 DISASTER ASSISTANCE 

18 TITLE I 

19 DEPARTMENT OF AGRICULTURE 

20 AGRICULTURAL PROGRAMS 

21 FARM SERVICE AGENCY

22 EMERGENCY CONSERVATION PROGRAM

23 For necessary expenses for the ‘‘Emergency Conserva24 tion Program’’, $25,090,000, to remain available until ex25 pended, of which $15,000,000 is for expenses resulting from 


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1 a major disaster declared pursuant to the Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121 et. seq.): Provided, That such amount is des4 ignated by the Congress as being for an emergency require5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

6 Budget and Emergency Deficit Control Act of 1985. 

7 EMERGENCY FOREST RESTORATION PROGRAM

8 For necessary expenses for the ‘‘Emergency Forest Res9 toration Program’’, $58,855,000, to remain available until 

10 expended, of which $49,010,000 is for expenses resulting 

11 from a major disaster declared pursuant to the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5121 et. seq.): Provided, That such amount is des14 ignated by the Congress as being for an emergency require15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 CONSERVATION PROGRAMS 

18 NATURAL RESOURCES CONSERVATION SERVICE

19 EMERGENCY WATERSHED PROTECTION PROGRAM

20 For necessary expenses for the ‘‘Emergency Watershed 

21 Protection Program’’, $125,055,000, to remain available 

22 until expended, of which $77,085,000 is for expenses result23 ing from a major disaster declared pursuant to the Robert 

24 T. Stafford Disaster Relief and Emergency Assistance Act 

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1 ances for the ‘‘Emergency Watershed Protection Program’’ 

2 provided in Public Law 108–199, Public Law 109–234, and 

3 Public Law 110–28 shall be available for the purposes of 

4 such program for disasters, and shall remain available 

5 until expended: Provided further, That such amounts are 

6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 DOMESTIC FOOD PROGRAMS 

10 FOOD AND NUTRITION SERVICE

11 COMMODITY ASSISTANCE PROGRAM

12 For an additional amount for the emergency food as13 sistance program as authorized by section 27(a) of the Food 

14 and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 

15 204(a)(1) of the Emergency Food Assistance Act of 1983 

16 (7 U.S.C. 7508(a)(1)), $15,000,000, to remain available 

17 through September 30, 2014: Provided, That notwith18 standing any other provisions of the Emergency Food As19 sistance Act of 1983 (the ‘‘Act’’), the Secretary may allocate 

20 additional foods and funds for administrative expenses 

21 from resources specifically appropriated, transferred, or re22 programmed to restore to states resources used to assist fam23 ilies and individuals displaced by Hurricane Sandy among 

24 the states without regard to sections 204 and 214 of the 

25 Act: Provided further, That such amount is designated by 


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1 the Congress as being for an emergency requirement pursu2 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985 (Public Law 99– 

4 177), as amended. 

5 TITLE II 

6 DEPARTMENT OF COMMERCE 

7 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

8 OPERATIONS, RESEARCH, AND FACILITIES

9 For an additional amount for ‘‘Operations, Research, 

10 and Facilities’’, $373,000,000 to remain available until 

11 September 30, 2014, as follows— 

12 (1) $6,200,000 to repair and replace ocean ob13 serving and coastal monitoring assets damaged by 

14 Hurricane Sandy; 

15 (2) $10,000,000 to repair and improve weather 

16 forecasting capabilities and infrastructure; 

17 (3) $150,000,000 to evaluate, stabilize and re18 store coastal ecosystems affected by Hurricane Sandy; 

19 (4) $56,800,000 for mapping, charting, damage 

20 assessment, and marine debris coordination and re21 mediation; and 

22 (5) $150,000,000, for necessary expenses related 

23 to fishery disasters as declared by the Secretary of 

24 Commerce in calendar year 2012: 


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1 Provided, That the National Oceanic and Atmospheric Ad2 ministration shall submit a spending plan to the Commit3 tees on Appropriations of the House of Representatives and 

4 the Senate within 45 days after the date of enactment of 

5 this Act: Provided further, That such amount is designated 

6 by the Congress as being for an emergency requirement pur7 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 PROCUREMENT, ACQUISITION AND CONSTRUCTION

10 For an additional amount for ‘‘Procurement, Acquisi11 tion and Construction’’, $109,000,000, to remain available 

12 until September 30, 2015, as follows— 

13 (1) $47,000,000 for the Coastal and Estuarine 

14 Land Conservation Program to support State and 

15 local restoration in areas affected by Hurricane 

16 Sandy; 

17 (2) $9,000,000 to repair National Oceanic and 

18 Atmospheric Administration (NOAA) facilities dam19 aged by Hurricane Sandy; 

20 (3) $44,500,000 for repairs and upgrades to 

21 NOAA hurricane reconnaissance aircraft; and 

22 (4) $8,500,000 for improvements to weather fore23 casting equipment and supercomputer infrastructure: 

24 Provided, That NOAA shall submit a spending plan to the 

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1 tives and the Senate within 45 days after the date of enact2 ment of this Act: Provided further, That such amount is 

3 designated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 DEPARTMENT OF JUSTICE 

7 GENERAL ADMINISTRATION

8 OFFICE OF INSPECTOR GENERAL

9 For an additional amount for ‘‘General Administra10 tion, Office of Inspector General’’ for necessary expenses re11 lated to the consequences of Hurricane Sandy, $20,000, to 

12 remain available until September 30, 2013: Provided, That 

13 such amount is designated by the Congress as being for an 

14 emergency requirement pursuant to section 251(b)(2)(A)(i) 

15 of the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 FEDERAL BUREAU OF INVESTIGATION

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Federal Bureau of In20 vestigation, Salaries and Expenses’’ for necessary expenses 

21 related to the consequences of Hurricane Sandy, $4,000,000, 

22 to remain available until September 30, 2013: Provided, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 DRUG ENFORCEMENT ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Drug Enforcement Ad6 ministration, Salaries and Expenses’’ for necessary ex7 penses related to the consequences of Hurricane Sandy, 

8 $1,000,000, to remain available until September 30, 2013: 

9 Provided, That such amount is designated by the Congress 

10 as being for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

14 EXPLOSIVES

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Bureau of Alcohol, To17 bacco, Firearms and Explosives, Salaries and Expenses’’ for 

18 necessary expenses related to the consequences of Hurricane 

19 Sandy, $230,000, to remain available until September 30, 

20 2013: Provided, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 


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1 FEDERAL PRISON SYSTEM

2 BUILDINGS AND FACILITIES

3 For an additional amount for ‘‘Federal Prison Sys4 tem, Buildings and Facilities’’ for necessary expenses re5 lated to the consequences of Hurricane Sandy, $10,000,000, 

6 to remain available until expended: Provided, That such 

7 amount is designated by the Congress as being for an emer8 gency requirement pursuant to section 251(b)(2)(A)(i) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 SCIENCE 

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

14 RESTORATION

15 For an additional amount for ‘‘Construction and En16 vironmental Compliance and Restoration’’ for repair at 

17 National Aeronautics and Space Administration facilities 

18 damaged by Hurricane Sandy, $15,000,000, to remain 

19 available until September 30, 2018: Provided, That such 

20 amount is designated by the Congress as being for an emer21 gency requirement pursuant to section 251(b)(2)(A)(i) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 


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1 RELATED AGENCIES 

2 LEGAL SERVICES CORPORATION

3 PAYMENT TO THE LEGAL SERVICES CORPORATION

4 For an additional amount for ‘‘Legal Services Cor5 poration, Payment to the Legal Services Corporation’’ to 

6 carry out the purposes of the Legal Services Corporation 

7 Act by providing for necessary expenses related to the con8 sequences of Hurricane Sandy, $1,000,000, to remain avail9 able until September 30, 2013: Provided, That the amount 

10 made available under this heading shall be used only to pro11 vide the mobile resources, technology, and disaster coordina12 tors necessary to provide storm-related services to the Legal 

13 Services Corporation client population and only in the 

14 areas significantly affected by Hurricane Sandy: Provided 

15 further, That such amount is designated by the Congress 

16 as being for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985: Provided further, That none 

19 of the funds appropriated in this Act to the Legal Services 

20 Corporation shall be expended for any purpose prohibited 

21 or limited by, or contrary to any of the provisions of, sec22 tions 501, 502, 503, 504, 505, and 506 of Public Law 105– 

23 119, and all funds appropriated in this Act to the Legal 

24 Services Corporation shall be subject to the same terms and 

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1 erences in sections 502 and 503 to 1997 and 1998 shall 

2 be deemed to refer instead to 2012 and 2013, respectively, 

3 and except that sections 501 and 503 of Public Law 104– 

4 134 (referenced by Public Law 105–119) shall not apply 

5 to the amount made available under this heading. 

6 TITLE III 

7 DEPARTMENT OF DEFENSE 

8 DEPARTMENT OF DEFENSE—MILITARY 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Mainte12 nance, Army’’, $5,370,000, to remain available until Sep13 tember 30, 2013, for necessary expenses related to the con14 sequences of Hurricane Sandy: Provided, That such amount 

15 is designated by the Congress as being for an emergency 

16 requirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, NAVY

19 For an additional amount for ‘‘Operation and Mainte20 nance, Navy’’, $40,015,000, to remain available until Sep21 tember 30, 2013, for necessary expenses related to the con22 sequences of Hurricane Sandy: Provided, That such amount 

23 is designated by the Congress as being for an emergency 

24 requirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air Force’’, $8,500,000, to remain available until 

4 September 30, 2013, for necessary expenses related to the 

5 consequences of Hurricane Sandy: Provided, That such 

6 amount is designated by the Congress as being for an emer7 gency requirement pursuant to section 251(b)(2)(A)(i) of 

8 the Balanced Budget and Emergency Deficit Control Act 

9 of 1985. 

10 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

11 For an additional amount for ‘‘Operation and Mainte12 nance, Army National Guard’’, $3,165,000, to remain 

13 available until September 30, 2013, for necessary expenses 

14 related to the consequences of Hurricane Sandy: Provided, 

15 That such amount is designated by the Congress as being 

16 for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

20 For an additional amount for ‘‘Operation and Mainte21 nance, Air National Guard’’, $5,775,000, to remain avail22 able until September 30, 2013, for necessary expenses re23 lated to the consequences of Hurricane Sandy: Provided, 

24 That such amount is designated by the Congress as being 

25 for an emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT 

4 PROCUREMENT OF AMMUNITION, ARMY

5 For an additional amount for ‘‘Procurement of Am6 munition, Army’’, $1,310,000, to remain available until 

7 September 30, 2015, for necessary expenses related to the 

8 consequences of Hurricane Sandy: Provided, That such 

9 amount is designated by the Congress as being for an emer10 gency requirement pursuant to section 251(b)(2)(A)(i) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 REVOLVING AND MANAGEMENT FUNDS 

14 DEFENSE WORKING CAPITAL FUNDS

15 For an additional amount for ‘‘Defense Working Cap16 ital Funds’’, $24,200,000, to remain available until Sep17 tember 30, 2013, for necessary expenses related to the con18 sequences of Hurricane Sandy: Provided, That such amount 

19 is designated by the Congress as being for an emergency 

20 requirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 


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1 TITLE IV 

2 DEPARTMENT OF DEFENSE—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 INVESTIGATIONS

6 For an additional amount for ‘‘Investigations’’ to ex7 pedite studies of flood and storm damage reduction related 

8 natural disasters, $50,000,000 at full Federal expense, to 

9 remain available until expended: Provided, That using 

10 $34,500,000 of the funds provided herein, the Secretary 

11 shall expedite and complete ongoing flood and storm dam12 age reduction studies in areas that were impacted by Hur13 ricanes Sandy and Isaac in the North Atlantic and Mis14 sissippi Valley Divisions of the U.S. Army Corps of Engi15 neers: Provided further, That using up to $15,000,000 of 

16 the funds provided herein, the Secretary shall support an 

17 interagency planning process in conjunction with State, 

18 local and Tribal officials to develop plans to address the 

19 flood risks of vulnerable coastal populations, including in20 novative approaches to promote the long-term sustainability 

21 of the coastal ecosystems and communities to reduce the eco22 nomic costs and risks associated with large-scale flood and 

23 storm events: Provided further, That using $500,000 of the 

24 funds provided herein, the Secretary shall conduct an eval25 uation of the performance of existing projects constructed 


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1 by the U.S. Army Corps of Engineers and impacted by 

2 Hurricane Sandy for the purposes of determining their ef3 fectiveness and making recommendations for improvements 

4 thereto: Provided further, That as a part of the study, the 

5 Secretary shall identify institutional and other barriers to 

6 providing comprehensive protection to affected coastal areas 

7 and shall provide this report to the Committees on Appro8 priations of the House of Representatives and the Senate 

9 within 120 days of enactment of this Act: Provided further, 

10 That the amounts in this paragraph are designated by the 

11 Congress as being for an emergency requirement pursuant 

12 to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985: Provided further, 

14 That the Assistant Secretary of the Army for Civil Works 

15 shall provide a monthly report to the Committees on Appro16 priations of the House of Representatives and the Senate 

17 detailing the allocation and obligation of these funds, begin18 ning not later than 60 days after enactment of this Act. 

19 CONSTRUCTION

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Construction’’ to reha22 bilitate, repair and construct U.S. Army Corps of Engi23 neers projects related to the consequences of natural disas24 ters, $3,461,000,000, to remain available until expended: 

25 Provided, That $2,902,000,000 of the funds provided under 


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1 this heading shall be used to reduce future flood risk in ways 

2 that will support the long-term sustainability of the coastal 

3 ecosystem and communities and reduce the economic costs 

4 and risks associated with large-scale flood and storm events 

5 that occurred in 2012 along the Gulf Coast and Atlantic 

6 Coast within the boundaries of the North Atlantic and Mis7 sissippi Valley Divisions of the Corps that were affected by 

8 Hurricanes Sandy and Isaac: Provided further, That efforts 

9 using these funds shall incorporate current science and en10 gineering standards in constructing previously authorized 

11 Corps projects designed to reduce flood and storm damage 

12 risks and modifying existing Corps projects that do not 

13 meet these standards, with such modifications as the Sec14 retary determines are necessary to incorporate these stand15 ards or to meet the goal of providing sustainable reduction 

16 to flooding and storm damage risks: Provided further, That 

17 these funds may be used to construct any project that is 

18 currently under study by the Corps for reducing flooding 

19 and storm damage risks in areas along the Atlantic coast 

20 within the North Atlantic or the Gulf Coast within the Mis21 sissippi Valley Divisions of the U.S. Army Corps of Engi22 neers that suffered direct surge inundation impacts and sig23 nificant monetary damages from Hurricanes Isaac or 

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1 able and technically feasible: Provided further, That local 

2 interests shall provide all lands, easements, rights-of-way, 

3 relocations and disposal areas (LERRDs) necessary for 

4 projects using these funds at no cost to the Government: 

5 Provided further, That cost sharing for implementation of 

6 any projects using these funds shall be 90 percent Federal 

7 and 10 percent non-Federal exclusive of LERRDs: Provided 

8 further, That the non-Federal cash contribution for projects 

9 using these funds shall be financed in accordance with the 

10 provisions of section 103(k) of Public Law 99–662 over a 

11 period of 30 years from the date of completion of the project 

12 or separable element: Provided further, That for these 

13 projects, the provisions of section 902 of the Water Resources 

14 Development Act of 1986 shall not apply to these funds: 

15 Provided further, That the Secretary may transfer up to 

16 $499,000,000 of the funds provided under this heading to 

17 other U.S. Army Corps of Engineers Accounts to address 

18 damages from previous natural disasters following normal 

19 policies and cost sharing: Provided further, That the Com20 mittees on Appropriations of the House of Representatives 

21 and the Senate shall be notified at least 15 days in advance 

22 of any such transfer: Provided further, That up to 

23 $51,000,000 of the funds provided under this heading shall 

24 be used to expedite continuing authorities projects along the 

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1 in the boundaries of the North Atlantic Division: Provided 

2 further, That $9,000,000 of the funds provided under this 

3 heading shall be used for repairs to projects that were under 

4 construction and damaged by the impacts of Hurricane 

5 Sandy: Provided further, That any projects using funds ap6 propriated under this heading shall be initiated only after 

7 non-Federal interests have entered into binding agreements 

8 with the Secretary requiring the non-Federal interests to 

9 pay 100 percent of the operation, maintenance, repair, re10 placement, and rehabilitation costs of the project and to 

11 hold and save the United States free from damages due to 

12 the construction or operation and maintenance of the 

13 project, except for damages due to the fault or negligence 

14 of the United States or its contractors: Provided further, 

15 That the Assistant Secretary of the Army for Civil Works 

16 shall submit to the Committees on Appropriations of the 

17 House of Representatives and the Senate a monthly report 

18 detailing the allocation and obligation of these funds, begin19 ning not later than 60 days after the date of the enactment 

20 of this Act. 

21 OPERATION AND MAINTENANCE

22 For an additional amount for ‘‘Operation and Mainte23 nance’’, $821,000,000, to remain available until expended 

24 to dredge Federal navigation channels and repair damage 

25 to Corps projects nationwide related to natural disasters: 


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1 Provided, That such amount is designated by the Congress 

2 as being for an emergency requirement pursuant section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985: Provided further, That the As5 sistant Secretary of the Army for Civil Works shall provide 

6 a monthly report to the Committees on Appropriations of 

7 the House of Representatives and the Senate detailing the 

8 allocation and obligation of these funds, beginning not later 

9 than 60 days after enactment of this Act. 

10 FLOOD CONTROL AND COASTAL EMERGENCIES

11 For an additional amount for ‘‘Flood Control and 

12 Coastal Emergencies’’, $1,008,000,000, to remain available 

13 until expended to prepare for flood, hurricane, and other 

14 natural disasters and support emergency operations, re15 pairs and other activities in response to flood, hurricanes 

16 or other natural disasters as authorized by law: Provided, 

17 That $430,000,000 of the funds provided herein shall be uti18 lized by the Corps to restore projects impacted by Hurricane 

19 Sandy in the North Atlantic Division of the U.S. Army 

20 Corps of Engineers to design profiles of the authorized 

21 projects: Provided further, That the provisions of section 

22 902 of the Water Resources Development Act of 1986 shall 

23 not apply to funds provided under this heading: Provided 

24 further, That the amounts in this paragraph are designated 

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1 suant section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985: Provided further, 

3 That the Assistant Secretary of the Army for Civil Works 

4 shall provide a monthly report to the Committees on Appro5 priations of the House of Representatives and the Senate 

6 detailing the allocation and obligation of these funds, begin7 ning not later than 60 days after enactment of this Act. 

8 EXPENSES

9 For an additional amount for ‘‘Expenses’’ for in10 creased efforts to oversee emergency response and recovery 

11 activities related to natural disasters, $10,000,000, to re12 main available until expended: Provided, That such amount 

13 is designated by the Congress as being for an emergency 

14 requirement pursuant section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985: 

16 Provided further, That the Assistant Secretary of the Army 

17 for Civil Works shall provide a monthly report to the Com18 mittees on Appropriations of the House of Representatives 

19 and the Senate detailing the allocation and obligation of 

20 these funds, beginning not later than 60 days after enact21 ment of this Act. 


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1 TITLE V 

2 INDEPENDENT AGENCIES 

3 GENERAL SERVICES ADMINISTRATION

4 REAL PROPERTY ACTIVITIES

5 FEDERAL BUILDINGS FUND

6 For an additional amount to be deposited in the ‘‘Fed7 eral Buildings Fund’’, $7,000,000, to remain available 

8 until expended, notwithstanding 40 U.S.C. 3307, for nec9 essary expenses related to the consequences of Hurricane 

10 Sandy, including repair and alteration of buildings under 

11 the custody and control of the Administrator of General 

12 Services, and real property management and related activi13 ties not otherwise provided for: Provided, That such amount 

14 is designated by the Congress as being for an emergency 

15 requirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 SMALL BUSINESS ADMINISTRATION

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and Ex20 penses’’, $40,000,000, to remain available until September 

21 30, 2014, of which $20,000,000 is for grants to or coopera22 tive agreements with organizations to provide technical as23 sistance related to disaster recovery, response, and long24 term resiliency to small businesses that are recovering from 

25 Hurricane Sandy; and of which $20,000,000 is for grants 


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1 or cooperative agreements for public-private partnerships to 

2 provide long-term economic development assistance to in3 dustries and/or regions affected by Hurricane Sandy 

4 through economic development initiatives, including inno5 vation clusters, industry accelerators, supply-chain support, 

6 commercialization, and workforce development: Provided, 

7 That the Small Business Administration (SBA) shall expe8 dite the delivery of assistance in disaster-affected areas by 

9 awarding grants or cooperative agreements for technical as10 sistance only to current recipients of SBA grants or cooper11 ative agreements using a streamlined application process 

12 that relies, to the maximum extent practicable, upon pre13 viously submitted documentation: Provided further, That 

14 the Administrator of the Small Business Administration 

15 shall waive the matching requirements under section 

16 21(a)(4)(A) and 29(c) of the Small Business Act for any 

17 grant made using funds made available under this heading: 

18 Provided further, That in designing appropriate economic 

19 development initiatives and identifying those regions and 

20 industries most affected by Hurricane Sandy, the SBA shall 

21 work with other Federal agencies, State and local economic 

22 development entities, institutions of higher learning, and 

23 private sector partners: Provided further, That grants or 

24 cooperative agreements for public-private partnerships may 

25 be awarded to public or private nonprofit organizations, 


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1 or any combination thereof: Provided further, That no later 

2 than 30 days after the date of enactment of this Act, or 

3 no less than 7 days prior to obligation of funds, whichever 

4 occurs earlier, the SBA shall submit to the Committees on 

5 Appropriations of the House of Representatives and the 

6 Senate a detailed expenditure plan for funds provided 

7 under this heading: Provided further, That such amounts 

8 are designated by the Congress as being for an emergency 

9 requirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 OFFICE OF INSPECTOR GENERAL

12 For an additional amount for ‘‘Office of Inspector 

13 General’’ for necessary expenses related to the consequences 

14 of Hurricane Sandy and other disasters, $5,000,000, to re15 main available until expended: Provided, That such amount 

16 is designated by the Congress as being for an emergency 

17 requirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 

19 DISASTER LOANS PROGRAM ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Disaster Loans Pro22 gram Account’’ for the cost of direct loans authorized by 

23 section 7(b) of the Small Business Act, for necessary ex24 penses related to Hurricane Sandy and other disasters, 

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1 vided, That such costs, including the cost of modifying such 

2 loans, shall be as defined in section 502 of the Congressional 

3 Budget Act of 1974: Provided further, That in addition, for 

4 administrative expenses to carry out the direct loan pro5 gram authorized by section 7(b) of the Small Business Act 

6 in response to Hurricane Sandy and other disasters, 

7 $260,000,000, to remain available until expended, of which 

8 $250,000,000 is for direct administrative expenses of loan 

9 making and servicing to carry out the direct loan program, 

10 which may be transferred to and merged with the appro11 priations for Salaries and Expenses; and of which 

12 $10,000,000 is for indirect administrative expenses for the 

13 direct loan program, which may be transferred to and 

14 merged with the appropriations for Salaries and Expenses: 

15 Provided further, That such amounts are designated by the 

16 Congress as being for an emergency requirement pursuant 

17 to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 GENERAL PROVISIONS—THIS TITLE 

20 SEC. 501. Section 7(d)(6) of the Small Business Act 

21 (15 U.S.C. 636(d)(6)) is amended by inserting after ‘‘which 

22 are made under paragraph (1) of subsection (b)’’ the fol23 lowing: ‘‘: Provided further, That the Administrator, in ob24 taining the best available collateral for a loan of not more 

25 than $200,000 under paragraph (1) or (2) of subsection (b) 


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1 relating to damage to or destruction of the property of, or 

2 economic injury to, a small business concern, shall not re3 quire the owner of the small business concern to use the 

4 primary residence of the owner as collateral if the Adminis5 trator determines that the owner has other assets with a 

6 value equal to or greater than the amount of the loan that 

7 could be used as collateral for the loan: Provided further, 

8 That nothing in the preceding proviso may be construed 

9 to reduce the amount of collateral required by the Adminis10 trator in connection with a loan described in the preceding 

11 proviso or to modify the standards used to evaluate the 

12 quality (rather than the type) of such collateral’’. 

13 TITLE VI 

14 DEPARTMENT OF HOMELAND SECURITY 

15 U.S. CUSTOMS AND BORDER PROTECTION

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’ for necessary expenses related to the consequences 

19 of Hurricane Sandy, $1,667,000: Provided, That such 

20 amount is designated by the Congress as being for an emer21 gency requirement pursuant to section 251(b)(2)(A)(i) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985: Provided further, That a description of all property 

24 to be replaced, with associated costs, shall be submitted to 

25 the Committees on Appropriations of the Senate and the 


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1 House of Representatives no later than 90 days after the 

2 date of enactment of this Act. 

3 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’ for necessary expenses related to the consequences 

7 of Hurricane Sandy, $855,000: Provided, That such 

8 amount is designated by the Congress as being for an emer9 gency requirement pursuant to section 251(b)(2)(A)(i) of 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985: Provided further, That a description of all property 

12 to be replaced, with associated costs, shall be submitted to 

13 the Committees on Appropriations of the Senate and the 

14 House of Representatives no later than 90 days after the 

15 date of enactment of this Act. 

16 COAST GUARD

17 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Acquisition, Construc20 tion, and Improvements’’ for necessary expenses related to 

21 the consequences of Hurricane Sandy, $274,233,000, to re22 main available until September 30, 2017: Provided, That 

23 such amount is designated by the Congress as being for an 

24 emergency requirement pursuant to section 251(b)(2)(A)(i) 

25 of the Balanced Budget and Emergency Deficit Control Act 


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1 of 1985: Provided further, That notwithstanding the trans2 fer limitation contained in section 503 of division D of 

3 Public Law 112–74, such funding may be transferred to 

4 other Coast Guard appropriations after notification as re5 quired in accordance with such section: Provided further, 

6 That a description all facilities and property to be recon7 structed and restored, with associated costs and time lines, 

8 shall be submitted to the Committees on Appropriations of 

9 the Senate and the House of Representatives no later than 

10 90 days after the date of enactment of this Act. 

11 UNITED STATES SECRET SERVICE

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’ for necessary expenses related to the consequences 

15 of Hurricane Sandy, $300,000: Provided, That such 

16 amount is designated by the Congress as being for an emer17 gency requirement pursuant to section 251(b)(2)(A)(i) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985: Provided further, That a description of all property 

20 to be replaced, with associated costs, shall be submitted to 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives no later than 90 days after the 

23 date of enactment of this Act. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 DISASTER RELIEF FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for the ‘‘Disaster Relief 

5 Fund’’ in carrying out the Robert T. Stafford Disaster Re6 lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

7 $11,487,735,000, to remain available until expended: Pro8 vided, That of the total amount provided, $5,379,000,000 

9 shall be for major disasters declared pursuant to the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.): Provided further, That the amount 

12 in the previous proviso is designated by the Congress as 

13 being for disaster relief pursuant to section 251(b)(2)(D) 

14 of the Balanced Budget and Emergency Deficit Control Act 

15 of 1985: Provided further, That of the total amount pro16 vided, $6,108,735,000 is designated by the Congress as being 

17 for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985 which shall be for major disas20 ters declared pursuant to the Robert T. Stafford Disaster 

21 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

22 seq.): Provided further, That of the total amount provided, 

23 $3,000,000 shall be transferred to the Department of Home24 land Security ‘‘Office of Inspector General’’ for audits and 

25 investigations related to disasters. 


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1 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

2 For an additional amount for the cost of direct loans, 

3 $300,000,000, to remain available until expended, as au4 thorized by section 417 of the Robert T. Stafford Disaster 

5 Relief and Emergency Assistance Act (42 U.S.C. 5184), of 

6 which up to $4,000,000 is for administrative expenses to 

7 carry out the direct loan program: Provided, That such 

8 costs, including the cost of modifying such loans, shall be 

9 as defined in section 502 of the Congressional Budget Act 

10 of 1974: Provided further, That these funds are available 

11 to subsidize gross obligations for the principal amount of 

12 direct loans not to exceed $400,000,000: Provided further, 

13 That these amounts are designated by the Congress as an 

14 emergency requirement pursuant to section 251(b)(2)(A)(i) 

15 of the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 SCIENCE AND TECHNOLOGY

18 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

19 For an additional amount for ‘‘Research, Develop20 ment, Acquisition, and Operations’’ for necessary expenses 

21 related to the consequences of Hurricane Sandy, $3,249,000, 

22 to remain available until September 30, 2017: Provided, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 DOMESTIC NUCLEAR DETECTION OFFICE

4 SYSTEMS ACQUISITION

5 For an additional amount for ‘‘Systems Acquisition’’ 

6 for necessary expenses related to the consequences of Hurri7 cane Sandy for replacing or repairing U.S. Customs and 

8 Border Protection equipment, $3,869,000, to remain avail9 able until September 30, 2015: Provided, That such amount 

10 is designated by the Congress as being for an emergency 

11 requirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 GENERAL PROVISIONS—THIS TITLE 

14 SEC. 601. (a) Section 1309(a) of the National Flood 

15 Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by 

16 striking ‘‘$20,725,000,000’’ and inserting 

17 ‘‘$30,425,000,000’’. 

18 (b) The amount provided by this section is designated 

19 by the Congress as an emergency requirement pursuant to 

20 section 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985 and as an emergency re22 quirement pursuant to section 4(g) of the Statutory Pay23 As-You-Go Act of 2010. 


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1 (c) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall be considered to have taken effect on Decem3 ber 12, 2012. 

4 SEC. 602. The Administrator of the Federal Emer5 gency Management Agency, in cooperation with representa6 tives of State, tribal, and local governments may give great7 er weight to the factors considered under section 

8 206.48(b)(3) of title 44, Code of Federal Regulations, to ac9 curately measure the acute needs of a population following 

10 a disaster in order to expedite a declaration of Individual 

11 Assistance under the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

13 SEC. 603. For determinations regarding compliance 

14 with codes and standards under the Federal Emergency 

15 Management Agency Public Assistance program (42 U.S.C. 

16 5172), the Administrator of the Federal Emergency Man17 agement Agency, for major disasters declared on or after 

18 August 27, 2011, shall consider eligible the costs required 

19 to comply with a State’s Stream Alteration General Permit 

20 process, including any design standards required to be met 

21 as a condition of permit issuance. 

22 SEC. 604. Notwithstanding any other provision of law, 

23 the Administrator of the Federal Emergency Management 

24 may recommend to the President an increase in the Federal 

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1 tion 406 and of emergency work under section 403 and sec2 tion 407 of the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (42 U.S.C. 5172) for damages 

4 resulting from Hurricane Sandy without delay. 

5 SEC. 605. In administering the funds made available 

6 to address any major disaster declared during the period 

7 beginning on August 27, 2011 and ending on December 5, 

8 2012, the Administrator of the Federal Emergency Manage9 ment Agency shall establish a pilot program for the reloca10 tion of State facilities under section 406 of the Robert T. 

11 Stafford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5172), under which the Administrator may waive, 

13 or specify alternative requirements for, any regulation the 

14 Administrator administers to provide assistance, consistent 

15 with the National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.), for the permanent relocation of State 

17 facilities, including administrative office buildings, medical 

18 facilities, laboratories, and related operating infrastructure 

19 (including heat, sewage, mechanical, electrical, and plumb20 ing), that were significantly damaged as a result of the 

21 major disaster, are subject to flood risk, and are otherwise 

22 eligible for repair, restoration, reconstruction, or replace23 ment under section 406 of that Act, if the Administrator 

24 determines that such relocation is practicable, and will be 

25 cost effective or more appropriate than repairing, restoring, 


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1 reconstructing, or replacing the facility in its pre-disaster 

2 location, and if such relocation will effectively mitigate the 

3 flood risk to the facility. 

4 LEVEES

5 SEC. 606. (a) DEFINITIONS.—In this section— 

6 (1) the term ‘‘Administrator’’ means the Admin7 istrator of the Federal Emergency Management Agen8 cy; and 

9 (2) the term ‘‘covered hazard mitigation land’’ 

10 means land— 

11 (A) acquired and deed restricted under sec12 tion 404(b) of the Robert T. Stafford Disaster 

13 Relief and Emergency Assistance Act (42 U.S.C. 

14 5170c(b)) before, on, or after the date of enact15 ment of this Act; and 

16 (B) that is located— 

17 (i) in a West North Central State; and 

18 (ii) in a community that— 

19 (I) is participating in the Na20 tional Flood Insurance Program on the 

21 date on which a State, local, or tribal 

22 government submits an application re23 questing to construct a permanent 

24 flood risk reduction levee under sub25 section (b); and 


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1 (II) certifies to the Administrator 

2 and the Chief of Engineers that the 

3 community will continue to partici4 pate in the National Flood Insurance 

5 Program. 

6 (b) AUTHORITY.—Notwithstanding clause (i) or (ii) of 

7 section 404(b)(2)(B) of the Robert T. Stafford Disaster Re8 lief and Emergency Assistance Act (42 U.S.C. 

9 5170c(b)(2)(B)), the Administrator shall approve the con10 struction of a permanent flood risk reduction levee by a 

11 State, local, or tribal government on covered hazard mitiga12 tion land if the Administrator and the Chief of Engineers 

13 determine, through a process established by the Adminis14 trator and Chief of Engineers and funded entirely by the 

15 State, local, or tribal government seeking to construct the 

16 proposed levee, that— 

17 (1) construction of the proposed permanent flood 

18 risk reduction levee would more effectively mitigate 

19 against flooding risk than an open floodplain or other 

20 flood risk reduction measures; 

21 (2) the proposed permanent flood risk reduction 

22 levee complies with Federal, State, and local require23 ments, including mitigation of adverse impacts and 

24 implementation of floodplain management require25 ments, which shall include an evaluation of whether 


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1 the construction, operation, and maintenance of the 

2 proposed levee would continue to meet best available 

3 industry standards and practices and would be the 

4 most cost-effective measure to protect against the as5 sessed flood risk and minimizes future costs to the 

6 Federal Government; 

7 (3) the State, local, or tribal government seeking 

8 to construct the proposed levee has provided an ade9 quate maintenance plan that documents the proce10 dures the State, local, or tribal government will use 

11 to ensure that the stability, height, and overall integ12 rity of the proposed levee and the structure and sys13 tems of the proposed levee are maintained, includ14 ing— 

15 (A) specifying the maintenance activities to 

16 be performed; 

17 (B) specifying the frequency with which 

18 maintenance activities will be performed; 

19 (C) specifying the person responsible for 

20 performing each maintenance activity (by name 

21 or title); 

22 (D) detailing the plan for financing the 

23 maintenance of the levee; and 


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1 (E) documenting the ability of the State, 

2 local, or tribal government to finance the main3 tenance of the levee. 

4 (c) MAINTENANCE CERTIFICATION.— 

5 (1) IN GENERAL.—A State, local, or tribal gov6 ernment that constructs a permanent flood risk reduc7 tion levee under subsection (b) shall submit to the Ad8 ministrator and the Chief of Engineers an annual 

9 certification indicating whether the State, local, or 

10 tribal government is in compliance with the mainte11 nance plan provided under subsection (b)(3). 

12 (2) REVIEW.—The Chief of Engineers shall re13 view a certification submitted under paragraph (1) 

14 and determine whether the State, local, or tribal gov15 ernment has complied with the maintenance plan. 

16 SEC. 607. The Administrator of the Federal Emer17 gency Management Agency shall cancel the liquidated bal18 ances of all remaining uncancelled or partially cancelled 

19 loans disbursed under the Community Disaster Loan Act 

20 of 2005 (Public Law 109–88) and the Emergency Supple21 mental Appropriations Act for Defense, the Global War on 

22 Terror, and Hurricane Recovery, 2006 (Public Law 109– 

23 234), as amended by section 4502 of the U.S. Troop Readi24 ness, Veterans’ Care, Katrina Recovery, and Iraq Account25 ability Appropriations Act, 2007 (Public Law 110–28) to 


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1 the extent that revenues of the local government during the 

2 period following the major disaster are insufficient to meet 

3 the budget of the local government, including additional dis4 aster-related expenses of a municipal character. In calcu5 lating a community’s revenues while determining cancella6 tion, the Administrator shall exclude revenues for special 

7 districts and any other revenues that are required by law 

8 to be disbursed to other units of local government or used 

9 for specific purposes more limited than the scope allowed 

10 by the General Fund. In calculating a community’s ex11 penses, the Administrator shall include disaster-related cap12 ital expenses for which the community has not been reim13 bursed by Federal or insurance proceeds, debt service ex14 penses, and accrued but unpaid uncompensated absences 

15 (vacation and sick pay). In calculating the operating deficit 

16 of the local government, the Administrator shall also con17 sider all interfund transfers. When considering the period 

18 following the disaster, the Administrator may consider a 

19 period of 3, 5, or 7 full fiscal years after the disaster, begin20 ning on the date of the declaration, in determining eligi21 bility for cancellation. The criteria for cancellation do not 

22 apply to those loans already cancelled in full. Applicants 

23 shall submit supplemental documentation in support of 

24 their applications for cancellation on or before April 30, 

25 2014, and the Administrator shall issue determinations and 


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1 resolve any appeals on or before April 30, 2015. Loans not 

2 cancelled in full shall be repaid not later than September 

3 30, 2035. The Administrator may use funds provided under 

4 Public Law 109–88 to reimburse those communities that 

5 have repaid all or a portion of loans, including interest, 

6 provided as Special Community Disaster Loans under Pub7 lic Law 109–88 or Public Law 109–234, as amended by 

8 section 4502 of Public Law 110–28. Further, the Adminis9 trator may use funds provided under Public Law 109–88 

10 for necessary expenses to carry out this provision: Provided, 

11 That the entire amount is designated by the Congress as 

12 an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 SEC. 608. The Inspector General shall review the ap16 plications for public assistance provided through the Dis17 aster Relief Fund with a project cost that exceeds 

18 $10,000,000 and the resulting decisions issued by the Fed19 eral Emergency Management Agency for category A debris 

20 removal for DR–1786 upon receipt of a request from an 

21 applicant made no earlier than 90 days after filing an ap22 peal with the Federal Emergency Management Agency 

23 without regard to whether the Administrator of the Federal 

24 Emergency Management Agency has issued a final agency 

25 determination on the application for assistance: Provided, 


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1 That not later than 180 days after the date of such request, 

2 the Inspector General shall determine whether the Federal 

3 Emergency Management Agency correctly applied its rules 

4 and regulations to determine eligibility of the applicant’s 

5 claim: Provided further, That if the Inspector General finds 

6 that the Federal Emergency Management Agency deter7 minations related to eligibility and cost involved a 

8 misapplication of its rules and regulations, the applicant 

9 may submit the dispute to the arbitration process estab10 lished under the authority granted under section 601 of 

11 Public Law 111–5 not later than 15 days after the date 

12 of issuance of the Inspector General’s finding in the pre13 vious proviso: Provided further, That if the Inspector Gen14 eral finds that the Federal Emergency Management Agency 

15 provided unauthorized funding, that the Federal Emergency 

16 Management Agency shall take corrective action. 

17 DISASTER RECOVERY

18 SEC. 609. (a) SHORT TITLE.—This section may be 

19 cited as the ‘‘Disaster Recovery Act of 2012’’. 

20 (b) HAZARD MITIGATION.— 

21 (1) IN GENERAL.—Section 404 of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5170c) is amended by adding at the 

24 end the following: 

25 ‘‘(d) EXPEDITED PROCEDURES.— 


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1 ‘‘(1) IN GENERAL.—For the purpose of providing 

2 assistance under this section, the President shall en3 sure that— 

4 ‘‘(A) adequate resources are devoted to en5 suring that applicable environmental reviews 

6 under the National Environmental Policy Act 

7 and historic preservation reviews under the Na8 tional Historic Preservation Act are completed 

9 on an expeditious basis; and 

10 ‘‘(B) the shortest existing applicable process 

11 under the National Environmental Policy Act 

12 and the National Historic Preservation Act shall 

13 be utilized. 

14 ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PROCE15 DURES.—The President may utilize expedited proce16 dures in addition to those required under paragraph 

17 (1) for the purpose of providing assistance under this 

18 section, such as those under the Prototype Pro19 grammatic Agreement of the Federal Emergency 

20 Management Agency, for the consideration of multiple 

21 structures as a group and for an analysis of the cost22 effectiveness and fulfillment of cost-share requirements 

23 for proposed hazard mitigation measures. 

24 ‘‘(e) ADVANCE ASSISTANCE.—The President may pro25 vide not more than 25 percent of the amount of the estiVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6203 E:\BILLS\H1.PP H1

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1 mated cost of hazard mitigation measures to a State grantee 

2 eligible for a grant under this section before eligible costs 

3 are incurred.’’. 

4 (2) ESTABLISHMENT OF CRITERIA RELATING TO

5 ADMINISTRATION OF HAZARD MITIGATION ASSISTANCE

6 BY STATES.—Section 404(c)(2) of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5170c(c)(2)) is amended by inserting 

9 ‘‘Until such time as the Administrator promulgates 

10 regulations to implement this paragraph, the Admin11 istrator may waive notice and comment rulemaking 

12 if the Administrator determines doing so is necessary 

13 to expeditiously implement this section and may 

14 carry out the alternative procedures under this section 

15 as a pilot program’’ after ‘‘applications submitted 

16 under paragraph (1).’’. 

17 (3) APPLICABILITY.—The authority under the 

18 amendments made by this subsection shall apply 

19 for— 

20 (A) any major disaster or emergency de21 clared under the Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act (42 U.S.C. 

23 5121 et seq.) on or after the date of enactment 

24 of this Act; and 


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1 (B) a major disaster or emergency declared 

2 before the date of enactment of this Act for which 

3 the period for processing requests for assistance 

4 has not ended on the date of enactment of this 

5 Act. 

6 (c) PUBLIC ASSISTANCE PROGRAM ALTERNATIVE PRO7 CEDURES.—Title IV of the Robert T. Stafford Disaster Re8 lief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) 

9 is amended— 

10 (1) by redesignating section 425 (42 U.S.C. 

11 5189e) relating to essential service providers, as 

12 added by section 607 of the SAFE Port Act (Public 

13 Law 109–347; 120 Stat. 1941) as section 427; and 

14 (2) by adding at the end the following: 

15 ‘‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTERNATIVE 

16 PROCEDURES. 

17 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

18 Emergency Management Agency may approve projects 

19 under the alternative procedures adopted under this section 

20 for— 

21 ‘‘(1) any major disaster or emergency declared 

22 on or after the date of enactment of this section; and 

23 ‘‘(2) any project relating to a major disaster or 

24 emergency declared before the date of enactment of 


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1 this section for which construction has not begun on 

2 the date of enactment of this section. 

3 ‘‘(b) ADOPTION.—The Administrator, in coordination 

4 with States, tribal, and local governments, and owners or 

5 operators of private nonprofit facilities, may adopt alter6 native procedures to administer assistance provided under 

7 sections 403(a)(3)(A), 406, 407, and 502(a)(5). 

8 ‘‘(c) GOALS.—Any procedures adopted under sub9 section (b) shall further the goals of— 

10 ‘‘(1) reducing the costs to the Federal Govern11 ment of providing such assistance; 

12 ‘‘(2) increasing flexibility in the administration 

13 of such assistance; 

14 ‘‘(3) expediting the provision of such assistance 

15 to States, tribal, and local governments and to owners 

16 or operators of private nonprofit facilities; and 

17 ‘‘(4) providing financial incentives and disincen18 tives for the State, tribal, or local government, or 

19 owner or operator of a private nonprofit facility for 

20 the timely and cost-effective completion of projects 

21 with such assistance. 

22 ‘‘(d) VOLUNTARY PARTICIPATION.—Participation in 

23 alternative procedures adopted under this section shall be 

24 at the election of a State, tribal, or local government, or 


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1 owner or operator of a private nonprofit facility consistent 

2 with procedures determined by the Administrator. 

3 ‘‘(e) REQUIREMENTS FOR PROCEDURES.—The alter4 native procedures adopted under subsection (b) shall in5 clude— 

6 ‘‘(1) for repair, restoration, and replacement of 

7 damaged facilities under section 406— 

8 ‘‘(A) making grants on the basis of fixed es9 timates, if the State, tribal, or local government, 

10 or owner or operator of the private nonprofit fa11 cility agrees to be responsible for any actual 

12 costs that exceed the estimate; 

13 ‘‘(B) providing an option for a State, trib14 al, or local government, or owner or operator of 

15 a private nonprofit facility to elect to receive an 

16 in-lieu contribution, without reduction, on the 

17 basis of estimates of— 

18 ‘‘(i) the cost of repair, restoration, re19 construction, or replacement of a public fa20 cility owned or controlled by the State, trib21 al, or local government or the owner or op22 erator of a private nonprofit facility; and 

23 ‘‘(ii) management expenses; 

24 ‘‘(C) consolidating, to the extent determined 

25 appropriate by the Administrator, the facilities 


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1 of a State, tribal, or local government, or owner 

2 or operator of a private nonprofit facility as a 

3 single project based upon the estimates adopted 

4 under the procedures; 

5 ‘‘(D) if the actual costs of a project com6 pleted under the procedures are less than the esti7 mated costs thereof, the Administrator may per8 mit a grantee or subgrantee to use all or part of 

9 the excess funds for purposes of— 

10 ‘‘(i) cost-effective activities that reduce 

11 the risk of future damage, hardship, or suf12 fering from a major disaster; and 

13 ‘‘(ii) other activities to improve future 

14 Public Assistance operations or planning; 

15 ‘‘(E) in determining eligible cost under sec16 tion 406, the Administrator shall make available, 

17 at an applicant’s request and where the Federal 

18 Emergency Management Agency or the certified 

19 cost estimate prepared by the applicant’s profes20 sionally licensed engineers has estimated an eli21 gible Federal share for a project of not less than 

22 $5,000,000, an independent expert panel to vali23 date the estimated eligible cost consistent with 

24 applicable regulations and policies implementing 

25 this section; 


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1 ‘‘(F) in determining eligible cost under sec2 tion 406, the Administrator shall, at the appli3 cant’s request, consider properly conducted and 

4 certified cost estimates prepared by profes5 sionally licensed engineers (mutually agreed 

6 upon by the Administrator and the applicant), 

7 to the extent that such estimates comply with ap8 plicable regulation, policy, and guidance; and 

9 ‘‘(2) for debris removal under sections 

10 403(a)(3)(A), 407, and 502(a)(5)— 

11 ‘‘(A) making grants on the basis of fixed es12 timates to provide financial incentives and dis13 incentives for the timely or cost effective comple14 tion if the State, tribal, or local government, or 

15 owner or operator of the private nonprofit facil16 ity agrees to be responsible to pay for any actual 

17 costs that exceed the estimate; 

18 ‘‘(B) using a sliding scale for the Federal 

19 share for removal of debris and wreckage based 

20 on the time it takes to complete debris and 

21 wreckage removal; 

22 ‘‘(C) allowing use of program income from 

23 recycled debris without offset to the grant 

24 amount; 


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1 ‘‘(D) reimbursing base and overtime wages 

2 for employees and extra hires of a State, tribal, 

3 or local government, or owner or operator of a 

4 private nonprofit facility performing or admin5 istering debris and wreckage removal; 

6 ‘‘(E) providing incentives to State, tribal, 

7 and local governments to have a debris manage8 ment plan approved by the Federal Emergency 

9 Management Agency and have pre-qualified one 

10 or more debris and wreckage removal contractors 

11 before the date of declaration of the major dis12 aster; and 

13 ‘‘(F) if the actual costs of projects under 

14 subparagraph (A) are less than the estimated 

15 costs of the project, the Administrator may per16 mit a grantee or subgrantee to use all or part of 

17 the excess funds for— 

18 ‘‘(i) debris management planning; 

19 ‘‘(ii) acquisition of debris management 

20 equipment for current or future use; and 

21 ‘‘(iii) other activities to improve future 

22 debris removal operations, as determined by 

23 the Administrator. 

24 ‘‘(f) WAIVER AUTHORITY.—Until such time as the Ad25 ministrator promulgates regulations to implement this secVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6203 E:\BILLS\H1.PP H1

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1 tion, the Administrator may waive notice and comment 

2 rulemaking, if the Administrator determines the waiver is 

3 necessary to expeditiously implement this section, and may 

4 carry out the alternative procedures under this section as 

5 a pilot program. 

6 ‘‘(g) REIMBURSEMENT.—The guidelines for reimburse7 ment for costs under subsection (e)(2)(D) shall assure that 

8 no State, tribal, or local government is denied reimburse9 ment for overtime payments that are required pursuant to 

10 the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 

11 seq.).’’. 

12 (d) SIMPLIFIED PROCEDURES.—Section 422 of the 

13 Robert T. Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5189) is amended— 

15 (1) by striking ‘‘If the Federal estimate’’ and in16 serting the following: 

17 ‘‘(a) IN GENERAL.—If the Federal estimate’’; 

18 (2) by inserting ‘‘or, if the Administrator has es19 tablished a threshold under subsection (b), the amount 

20 established under subsection (b)’’ after ‘‘$35,000’’ the 

21 first place it appears; 

22 (3) by inserting ‘‘or, if applicable, the amount 

23 established under subsection (b),’’ after ‘‘$35,000 

24 amount’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(b) THRESHOLD.— 

2 ‘‘(1) REPORT.—Not later than 1 year after the 

3 date of enactment of the Disaster Recovery Act of 

4 2012, the President, acting through the Administrator 

5 of the Federal Emergency Management Agency (in 

6 this section referred to as the ‘Administrator’), 

7 shall— 

8 ‘‘(A) complete an analysis to determine 

9 whether an increase in the threshold for eligi10 bility under subsection (a) is appropriate, which 

11 shall include consideration of cost-effectiveness, 

12 speed of recovery, capacity of grantees, past per13 formance, and accountability measures; and 

14 ‘‘(B) submit to the appropriate committees 

15 of the Congress (as defined in section 602 of the 

16 Post-Katrina Emergency Management Reform 

17 Act of 2006 (6 U.S.C. 701)) a report regarding 

18 the analysis conducted under subparagraph (A). 

19 ‘‘(2) AMOUNT.—After the Administrator submits 

20 the report required under paragraph (1), the Presi21 dent shall direct the Administrator to— 

22 ‘‘(A) immediately establish a threshold for 

23 eligibility under this section in an appropriate 

24 amount, without regard to chapter 5 of title 5, 

25 United States Code; and 


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1 ‘‘(B) adjust the threshold annually to reflect 

2 changes in the Consumer Price Index for all 

3 Urban Consumers published by the Department 

4 of Labor. 

5 ‘‘(3) REVIEW.—Not later than 3 years after the 

6 date on which the Administrator establishes a thresh7 old under paragraph (2), and every 3 years there8 after, the President, acting through the Adminis9 trator, shall review the threshold for eligibility under 

10 this section.’’. 

11 (e) ESSENTIAL ASSISTANCE.—Section 403 of the Rob12 ert T. Stafford Disaster Relief and Emergency Assistance 

13 Act (42 U.S.C. 5170b) is amended by adding at the end 

14 the following: 

15 ‘‘(d) SALARIES AND BENEFITS.— 

16 ‘‘(1) IN GENERAL.—If the President declares a 

17 major disaster or emergency for an area within the 

18 jurisdiction of a State, tribal, or local government, the 

19 President may reimburse the State, tribal, or local 

20 government for costs relating to— 

21 ‘‘(A) basic pay and benefits for permanent 

22 employees of the State, tribal, or local govern23 ment conducting emergency protective measures 

24 under this section, if— 


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1 ‘‘(i) the work is not typically per2 formed by the employees; and 

3 ‘‘(ii) the type of work may otherwise be 

4 carried out by contract or agreement with 

5 private organizations, firms, or individuals; 

6 or 

7 ‘‘(B) overtime and hazardous duty com8 pensation for permanent employees of the State, 

9 tribal, or local government conducting emergency 

10 protective measures under this section. 

11 ‘‘(2) OVERTIME.—The guidelines for reimburse12 ment for costs under paragraph (1) shall ensure that 

13 no State, tribal, or local government is denied reim14 bursement for overtime payments that are required 

15 pursuant to the Fair Labor Standards Act of 1938 

16 (29 U.S.C. 201 et seq.). 

17 ‘‘(3) NO EFFECT ON MUTUAL AID PACTS.—Noth18 ing in this subsection shall effect the ability of the 

19 President to reimburse labor force expenses provided 

20 pursuant to an authorized mutual aid pact.’’. 

21 (f) UNIFIED FEDERAL REVIEW.—Title IV of the Rob22 ert T. Stafford Disaster Relief and Emergency Assistance 

23 Act, as amended by subsection (c), is amended by adding 

24 at the end the following: 


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1 ‘‘SEC. 429. UNIFIED FEDERAL REVIEW. 

2 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

3 date of enactment of the Disaster Recovery Act of 2012, and 

4 in consultation with the Council on Environmental Quality 

5 and the Advisory Council on Historic Preservation, the 

6 President shall establish an expedited and unified inter7 agency review process to ensure compliance with environ8 mental and historic requirements under Federal law relat9 ing to disaster recovery projects, in order to expedite the 

10 recovery process, consistent with applicable law. 

11 ‘‘(b) CONTENTS.—The review process established under 

12 this section shall include mechanisms to expeditiously ad13 dress delays that may occur during the recovery from a 

14 major disaster, and shall be updated as appropriate, con15 sistent with applicable law.’’. 

16 (g) DISPUTE RESOLUTION PILOT PROGRAM.— 

17 (1) DEFINITIONS.—In this subsection— 

18 (A) the term ‘‘Administrator’’ means the 

19 Administrator of the Federal Emergency Man20 agement Agency; and 

21 (B) the term ‘‘eligible assistance’’ means as22 sistance— 

23 (i) under section 403, 406, or 407 of 

24 the Robert T. Stafford Disaster Relief and 

25 Emergency Assistance Act (42 U.S.C. 

26 5170b, 5172, 5173); 


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1 (ii) for which the legitimate amount in 

2 dispute is not less than $1,000,000, which 

3 the Administrator shall adjust annually to 

4 reflect changes in the Consumer Price Index 

5 for all Urban Consumers published by the 

6 Department of Labor; and 

7 (iii) for which the applicant has a 

8 non-Federal share. 

9 (2) PROCEDURES.— 

10 (A) IN GENERAL.—Not later than 180 days 

11 after the date of enactment of this Act, and in 

12 order to facilitate an efficient recovery from 

13 major disasters, the Administrator shall establish 

14 procedures under which an applicant may re15 quest the use of alternative dispute resolution, 

16 including arbitration by an independent review 

17 panel, to resolve disputes relating to eligible as18 sistance. 

19 (B) BINDING EFFECT.—A decision by an 

20 independent review panel under this subsection 

21 shall be binding upon the parties to the dispute. 

22 (C) CONSIDERATIONS.—The procedures es23 tablished under this subsection shall— 


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1 (i) allow a party of a dispute relating 

2 to eligible assistance to request an inde3 pendent review panel for the review; 

4 (ii) require a party requesting an 

5 independent review panel as described in 

6 clause (i) to agree to forego rights to any 

7 further appeal of the dispute relating to any 

8 eligible assistance; 

9 (iii) require that the sponsor of an 

10 independent review panel for any alter11 native dispute resolution under this sub12 section shall be— 

13 (I) an individual or entity unaf14 filiated with the dispute (which may 

15 include a Federal agency, an adminis16 trative law judge, or a reemployed an17 nuitant who was an employee of the 

18 Federal Government) selected by the 

19 Administrator; and 

20 (II) responsible for identifying 

21 and maintaining an adequate number 

22 of independent experts qualified to re23 view and resolve disputes under this 

24 subsection; 


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1 (iv) require an independent review 

2 panel to— 

3 (I) resolve any remaining dis4 puted issue in accordance with all ap5 plicable laws, regulations, and Federal 

6 Emergency Management Agency inter7 pretations of those laws through its 

8 published policies and guidance; 

9 (II) consider only evidence con10 tained in the administrative record, as 

11 it existed at the time at which the Fed12 eral Emergency Management Agency 

13 made its initial decision; 

14 (III) only set aside a decision of 

15 the Federal Emergency Management 

16 Agency found to be arbitrary, capri17 cious, an abuse of discretion, or other18 wise not in accordance with law; and 

19 (IV) in the case of a finding of 

20 material fact adverse to the claimant 

21 made on first appeal, only set aside or 

22 reverse such finding if the finding is 

23 clearly erroneous; 

24 (v) require an independent review 

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1 sion for any alternative dispute resolution 

2 under this subsection; and 

3 (vi) direct that if an independent re4 view panel for any alternative dispute reso5 lution under this subsection determines that 

6 the basis upon which a party submits a re7 quest for alternative dispute resolution is 

8 frivolous, the independent review panel shall 

9 direct the party to pay the reasonable costs 

10 of the Federal Emergency Management 

11 Agency relating to the review by the inde12 pendent review panel. 

13 (D) FUNDS RECEIVED.—Any funds received 

14 by the Federal Emergency Management Agency 

15 under the authority under this subsection shall 

16 be deposited to the credit of the appropriation or 

17 appropriations available for the eligible assist18 ance in dispute on the date on which the funds 

19 are received. 

20 (3) SUNSET.—A request for review by an inde21 pendent review panel under this subsection may not 

22 be made after December 31, 2015. 

23 (4) REPORT.— 

24 (A) IN GENERAL.—Not later than 270 days 

25 after the termination of authority under this 


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1 subsection pursuant to paragraph (3), the Comp2 troller General of the United States shall submit 

3 to the Committee on Homeland Security and 

4 Governmental Affairs of the Senate and the 

5 Committee on Transportation and Infrastructure 

6 of the House of Representatives a report ana7 lyzing the effectiveness of the program under this 

8 subsection. 

9 (B) CONTENTS.—The report submitted 

10 under subparagraph (A) shall include— 

11 (i) a determination of the availability 

12 of data required to complete the report; 

13 (ii) an assessment of the effectiveness of 

14 the program under this subsection, includ15 ing an assessment of whether the program 

16 expedited or delayed the disaster recovery 

17 process; 

18 (iii) an assessment of whether the pro19 gram increased or decreased costs to admin20 ister section 403, 406, or 407 of the Robert 

21 T. Stafford Disaster Relief and Emergency 

22 Assistance Act; 

23 (iv) an assessment of the procedures 

24 and safeguards that the independent review 

25 panels established to ensure objectivity and 


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1 accuracy, and the extent to which they fol2 lowed those procedures and safeguards; 

3 (v) a recommendation as to whether 

4 any aspect of the program under this sub5 section should be made a permanent author6 ity; and 

7 (vi) recommendations for any modi8 fications to the authority or the administra9 tion of the authority under this subsection 

10 in order to improve the disaster recovery 

11 process. 

12 (h) INDIVIDUAL ASSISTANCE FACTORS.—In order to 

13 provide more objective criteria for evaluating the need for 

14 assistance to individuals and to speed a declaration of a 

15 major disaster or emergency under the Robert T. Stafford 

16 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

17 5121 et seq.), not later than 1 year after the date of enact18 ment of this Act, the Administrator of the Federal Emer19 gency Management Agency, in cooperation with representa20 tives of State, tribal, and local emergency management 

21 agencies, shall review, update, and revise through rule22 making the factors considered under section 206.48 of title 

23 44, Code of Federal Regulations (including section 

24 206.48(b)(2) of such title relating to trauma and the specific 


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1 conditions or losses that contribute to trauma), to measure 

2 the severity, magnitude, and impact of a disaster. 

3 (i) CHILD CARE.—Section 408(e)(1) of the Robert T. 

4 Stafford Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5174(e)(1)) is amended— 

6 (1) in the paragraph heading, by inserting 

7 ‘‘CHILD CARE,’’ after ‘‘DENTAL,’’; and 

8 (2) by inserting ‘‘child care,’’ after ‘‘dental,’’. 

9 (j) TEMPORARY HOUSING.—Section 408(c)(1)(B) of 

10 the Robert T. Stafford Disaster Relief and Emergency As11 sistance Act (42 U.S.C. 5174(c)(1)(B)) is amended— 

12 (1) by redesignating clauses (ii) and (iii) as 

13 clauses (iii) and (iv), respectively; 

14 (2) by inserting after clause (i) the following: 

15 ‘‘(ii) LEASE AND REPAIR OF RENTAL

16 UNITS FOR TEMPORARY HOUSING.— 

17 ‘‘(I) IN GENERAL.—The President, 

18 to the extent it would be a cost effective 

19 alternative to other temporary housing 

20 options, may— 

21 ‘‘(aa) enter into lease agree22 ments with owners of multifamily 

23 rental property located in areas 

24 covered by a major disaster dec25 laration to house individuals and 


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1 households eligible for assistance 

2 under this section; and 

3 ‘‘(bb) make repairs or im4 provement to properties under 

5 such lease agreements, to the ex6 tent necessary to serve as safe and 

7 adequate temporary housing. 

8 ‘‘(II) IMPROVEMENTS OR RE9 PAIRS.—Under the terms of any lease 

10 agreement for property entered into 

11 under this subsection, the value of the 

12 improvements or repairs shall be de13 ducted from the value of the lease 

14 agreement; and may not exceed the 

15 value of the lease agreement. 

16 ‘‘(III) PERIOD OF ASSISTANCE.— 

17 The President may not provide direct 

18 assistance under this clause with re19 spect to a major disaster after the end 

20 of the 18-month period beginning on 

21 the date of declaration of the major 

22 disaster by the President, except that 

23 the President may extend that period if 

24 the President determines that due to 

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1 sion would be in the public interest.’’; 

2 and 

3 (3) in clause (iv), as so redesignated, by striking 

4 ‘‘clause (ii)’’ and inserting ‘‘clause (iii)’’. 

5 (k) TRIBAL REQUESTS FOR A MAJOR DISASTER OR

6 EMERGENCY DECLARATION UNDER THE STAFFORD ACT.— 

7 (1) MAJOR DISASTER REQUESTS.—Section 401 

8 of the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5170) is amended— 

10 (A) by striking ‘‘All requests for a declara11 tion’’ and inserting ‘‘(a) IN GENERAL.—All re12 quests for a declaration’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

15 ‘‘(1) IN GENERAL.—The Chief Executive of an 

16 affected Indian tribal government may submit a re17 quest for a declaration by the President that a major 

18 disaster exists consistent with the requirements of sub19 section (a). 

20 ‘‘(2) REFERENCES.—In implementing assistance 

21 authorized by the President under this Act in re22 sponse to a request of the Chief Executive of an af23 fected Indian tribal government for a major disaster 

24 declaration, any reference in this Act, except sections 

25 310 and 326, to a State or the Governor of a State 


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1 is deemed to refer to an affected Indian tribal govern2 ment or the Chief Executive of an affected Indian 

3 tribal government, as appropriate. 

4 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub5 section shall prohibit an Indian tribal government 

6 from receiving assistance under this Act through a 

7 declaration made by the President at the request of a 

8 State under subsection (a) if the President does not 

9 make a declaration under this subsection for the same 

10 incident. 

11 ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL

12 GOVERNMENTS.— 

13 ‘‘(1) IN GENERAL.—In providing assistance to 

14 an Indian tribal government under this Act, the 

15 President may waive or adjust any payment of a 

16 non-Federal contribution with respect to the assist17 ance if— 

18 ‘‘(A) the President has the authority to 

19 waive or adjust the payment under another pro20 vision of this Act; and 

21 ‘‘(B) the President determines that the 

22 waiver or adjustment is necessary and appro23 priate. 


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1 ‘‘(2) CRITERIA FOR MAKING DETERMINATIONS.— 

2 The President shall establish criteria for making de3 terminations under paragraph (1)(B).’’. 

4 (2) EMERGENCY REQUESTS.—Section 501 of the 

5 Robert T. Stafford Disaster Relief and Emergency As6 sistance Act (42 U.S.C. 5191) is amended by adding 

7 at the end the following: 

8 ‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

9 ‘‘(1) IN GENERAL.—The Chief Executive of an 

10 affected Indian tribal government may submit a re11 quest for a declaration by the President that an emer12 gency exists consistent with the requirements of sub13 section (a). 

14 ‘‘(2) REFERENCES.—In implementing assistance 

15 authorized by the President under this Act in re16 sponse to a request of the Chief Executive of an af17 fected Indian tribal government for an emergency dec18 laration, any reference in this Act, except sections 310 

19 and 326, to a State or the Governor of a State is 

20 deemed to refer to an affected Indian tribal govern21 ment or the Chief Executive of an affected Indian 

22 tribal government, as appropriate. 

23 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub24 section shall prohibit an Indian tribal government 

25 from receiving assistance under this Act through a 


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1 declaration made by the President at the request of a 

2 State under subsection (a) if the President does not 

3 make a declaration under this subsection for the same 

4 incident.’’. 

5 (3) DEFINITIONS.—Section 102 of the Robert T. 

6 Stafford Disaster Relief and Emergency Assistance 

7 Act (42 U.S.C. 5122) is amended— 

8 (A) in paragraph (7)(B) by striking ‘‘; 

9 and’’ and inserting ‘‘, that is not an Indian trib10 al government as defined in paragraph (6); 

11 and’’; 

12 (B) by redesignating paragraphs (6) 

13 through (10) as paragraphs (7) through (11), re14 spectively; 

15 (C) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term 

18 ‘Indian tribal government’ means the governing body 

19 of any Indian or Alaska Native tribe, band, nation, 

20 pueblo, village, or community that the Secretary of 

21 the Interior acknowledges to exist as an Indian tribe 

22 under the Federally Recognized Indian Tribe List Act 

23 of 1994 (25 U.S.C. 479a et seq.).’’; and 

24 (D) by adding at the end the following: 


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1 ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Exec2 utive’ means the person who is the Chief, Chairman, 

3 Governor, President, or similar executive official of 

4 an Indian tribal government.’’. 

5 (4) REFERENCES.—Title I of the Robert T. Staf6 ford Disaster Relief and Emergency Assistance Act 

7 (42 U.S.C. 5121 et seq.) is amended by adding after 

8 section 102 the following: 

9 ‘‘SEC. 103. REFERENCES. 

10 ‘‘Except as otherwise specifically provided, any ref11 erence in this Act to ‘State and local’, ‘State or local’, 

12 ‘State, and local’, ‘State, or local’, or ‘State, local’ (includ13 ing the plural form of such terms) with respect to govern14 ments or officials and any reference to a ‘local government’ 

15 in sections 406(d)(3) and 417 shall be deemed to refer also 

16 to Indian tribal governments and officials, as appro17 priate.’’. 

18 (5) REGULATIONS.— 

19 (A) ISSUANCE.—The President shall issue 

20 regulations to carry out the amendments made 

21 by this subsection. 

22 (B) FACTORS.—In issuing regulations 

23 under this paragraph, the President shall con24 sider the unique conditions that affect the gen25 eral welfare of Indian tribal governments. 


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1 (l) REPORT.—Not later than 90 days after the date 

2 of enactment of this Act, the Chair of the Hurricane Sandy 

3 Rebuilding Task Force established by the President, in con4 sultation with the Administrator of the Federal Emergency 

5 Management Agency, the Secretary of the Treasury, and 

6 others whom the Chair determines to be appropriate, shall 

7 submit to the Committee on Appropriations and the Com8 mittee on Homeland Security and Governmental Affairs of 

9 the Senate and the Committee on Appropriations and the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives a report that includes a discussion 

12 of— 

13 (1) the impacts of Hurricane Sandy on local 

14 government budgets in States where a major disaster 

15 has been declared, including revenues from taxes, fees, 

16 and other sources, and expenses related to operations, 

17 debt obligations, and unreimbursed disaster-related 

18 costs; 

19 (2) the availability of loans from private sources 

20 to address such impacts, including information on in21 terest rates, repayment terms, securitization require22 ments, and the ability of affected local governments to 

23 qualify for such loans; 


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1 (3) the availability of Federal resources to ad2 dress the budgetary impacts of Hurricane Sandy 

3 upon local governments; 

4 (4) the ability of the Community Disaster Loan 

5 program authorized under section 417 of the Robert 

6 T. Stafford Disaster Relief and Emergency Assistance 

7 Act (42 U.S.C. 5184) to effectively and expeditiously 

8 address budgetary impacts of Hurricane Sandy and 

9 other disasters upon local governments, including— 

10 (A) an assessment of the current statutory 

11 limits on loan amounts; 

12 (B) the regulations, policies, and procedures 

13 governing program mobilization to communities 

14 in need and expeditious processing of loan appli15 cations; 

16 (C) information on interest rates, repay17 ment terms, securitization requirements, and 

18 ability of affected local governments to qualify 

19 for such loans; 

20 (D) criteria governing the cancellation of 

21 such loans, including appropriate classification 

22 of available revenues and eligible expenses, and 

23 the consistency of program rules with customary 

24 local government budgetary practices and State 

25 or local laws that affect the specific budgetary 


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1 practices of local governments affected by Hurri2 cane Sandy and other disasters; 

3 (E) repayment terms and timeframes on 

4 loans that do not qualify for cancellation; 

5 (F) options for Congressional consideration 

6 related to legislative modifications of this pro7 gram, and any other applicable provisions of 

8 Federal law, in order to address the budgetary 

9 impacts of Hurricane Sandy and other disasters 

10 upon local governments; and 

11 (G) recommendations on steps the Federal 

12 Emergency Management Agency may take in 

13 order to improve program administration, effec14 tiveness, communications, and speed; and 

15 (5) potential consequences of Federal action or 

16 inaction to address the budgetary impacts of Hurri17 cane Sandy upon local governments. 

18 (m) APPLICABILITY.—Unless otherwise specified, this 

19 section and the amendments made by this section shall 

20 apply for— 

21 (1) any major disaster or emergency declared 

22 under the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act (42 U.S.C. 5121 et seq.) on 

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


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1 (2) a major disaster or emergency declared before 

2 the date of enactment of this Act for which the period 

3 for processing requests for assistance has not ended on 

4 the date of enactment of this Act. 

5 TITLE VII 

6 DEPARTMENT OF THE INTERIOR 

7 FISH AND WILDLIFE SERVICE

8 CONSTRUCTION

9 For an additional amount for ‘‘Construction’’ for nec10 essary expenses incurred to prepare for, respond to, and re11 cover from Hurricane Sandy, $78,000,000, to remain avail12 able until expended: Provided, That such amount is des13 ignated by the Congress as being for an emergency require14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 NATIONAL PARK SERVICE

17 HISTORIC PRESERVATION FUND

18 For an additional amount for the ‘‘Historic Preserva19 tion Fund’’ for necessary expenses related to the con20 sequences of Hurricane Sandy, $50,000,000, to remain 

21 available until September 30, 2015, including costs to states 

22 necessary to complete compliance activities required by sec23 tion 106 of the National Historic Preservation Act and costs 

24 needed to administer the program: Provided, That grants 

25 shall only be available for areas that have received a major 


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1 disaster declaration pursuant to the Robert T. Stafford Dis2 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

3 et seq.): Provided further, That individual grants shall not 

4 be subject to a non-Federal matching requirement: Provided 

5 further, That such amount is designated by the Congress 

6 as being for an emergency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 CONSTRUCTION

10 For an additional amount for ‘‘Construction’’ for nec11 essary expenses incurred to prepare for, respond to, and re12 cover from Hurricane Sandy, $348,000,000, to remain 

13 available until expended: Provided, That such amount is 

14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 

17 BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

18 OIL SPILL RESEARCH

19 For an additional amount for ‘‘Oil Spill Research’’ 

20 for necessary expenses related to the consequences of Hurri21 cane Sandy, $3,000,000, to remain available until ex22 pended: Provided, That such amount is designated by the 

23 Congress as being for an emergency requirement pursuant 

24 to section 251(b)(2)(A)(i) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 


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1 DEPARTMENTAL OPERATIONS

2 OFFICE OF THE SECRETARY

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Departmental Oper5 ations’’ and any Department of the Interior component bu6 reau or office for necessary expenses related to the con7 sequences of Hurricane Sandy and for other activities re8 lated to storms and natural disasters, $150,000,000, to re9 main available until expended: Provided, That funds ap10 propriated herein shall be used to restore and rebuild parks, 

11 refuges, and other public assets; increase the resiliency and 

12 capacity of coastal habitat and infrastructure to withstand 

13 future storms and reduce the amount of damage caused by 

14 such storms; protect natural and cultural values; and assist 

15 State, tribal and local governments: Provided further, That 

16 the Secretary may transfer these funds to any other account 

17 in the Department and may expend such funds by direct 

18 expenditure, grants, or cooperative agreements, including 

19 grants to or cooperative agreements with States, Tribes, and 

20 municipalities, to carry out the purposes provided herein: 

21 Provided further, That the Secretary shall submit to the 

22 Committees on Appropriations of the House of Representa23 tives and the Senate a detailed spending plan for the 

24 amounts provided herein within 60 days of enactment of 

25 this Act: Provided further, That such amount is designated 


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1 by the Congress as being for an emergency requirement pur2 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 ENVIRONMENTAL PROTECTION AGENCY 

5 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

6 For an additional amount for ‘‘Environmental Pro7 grams and Management’’ for necessary expenses related to 

8 the consequences of Hurricane Sandy, $725,000, to remain 

9 available until expended: Provided, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 HAZARDOUS SUBSTANCE SUPERFUND

14 For an additional amount for ‘‘Hazardous Substance 

15 Superfund’’ for necessary expenses related to the con16 sequences of Hurricane Sandy, $2,000,000, to remain avail17 able until expended: Provided, That such amount is des18 ignated by the Congress as being for an emergency require19 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

20 Budget and Emergency Deficit Control Act of 1985. 

21 LEAKING UNDERGROUND STORAGE TANK FUND

22 For an additional amount for ‘‘Leaking Underground 

23 Storage Tank Fund’’ for necessary expenses related to the 

24 consequences of Hurricane Sandy, $5,000,000, to remain 

25 available until expended: Provided, That such amount is 


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1 designated by the Congress as being for an emergency re2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 STATE AND TRIBAL ASSISTANCE GRANTS

5 For an additional amount for ‘‘State and Tribal As6 sistance Grants’’, $810,000,000, to remain available until 

7 expended, of which $700,000,000 shall be for capitalization 

8 grants for the Clean Water State Revolving Funds under 

9 Title VI of the Federal Water Pollution Control Act, and 

10 of which $110,000,000 shall be for capitalization grants 

11 under section 1452 of the Safe Drinking Water Act: Pro12 vided, That notwithstanding section 604(a) of the Federal 

13 Water Pollution Control Act and section 1452(a)(1)(D) of 

14 the Safe Drinking Water Act, funds appropriated herein 

15 shall be provided to States that have received a major dis16 aster declaration pursuant to the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

18 et seq.) for Hurricane Sandy: Provided further, That no 

19 eligible state shall receive less than two percent of such 

20 funds: Provided further, That funds appropriated herein 

21 shall not be subject to the matching or cost share require22 ments of sections 602(b)(2), 602(b)(3) or 202 of the Federal 

23 Water Pollution Control Act nor the matching requirements 

24 of section 1452(e) of the Safe Drinking Water Act: Provided 

25 further, That notwithstanding the requirements of section 


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1 603(d) of the Federal Water Pollution Control Act, for the 

2 funds appropriated herein, each State shall use not less 

3 than 50 percent of the amount of its capitalization grants 

4 to provide additional subsidization to eligible recipients in 

5 the form of forgiveness of principal, negative interest loans 

6 or grants or any combination of these: Provided further, 

7 That the funds appropriated herein shall only be used for 

8 eligible projects whose purpose is to reduce flood damage 

9 risk and vulnerability or to enhance resiliency to rapid hy10 drologic change or a natural disaster at treatment works 

11 as defined by section 212 of the Federal Water Pollution 

12 Control Act or any eligible facilities under section 1452 of 

13 the Safe Drinking Water Act, and for other eligible tasks 

14 at such treatment works or facilities necessary to further 

15 such purposes: Provided further, That notwithstanding the 

16 definition of treatment works in section 212 of the Federal 

17 Water Pollution Control Act, and subject to the purposes 

18 described herein, the funds appropriated herein shall be 

19 available for the purchase of land and easements necessary 

20 for the siting of eligible treatment works projects: Provided 

21 further, That the Administrator may retain up to 

22 $1,000,000 of the funds appropriated herein for manage23 ment and oversight of the requirements of this section: Pro24 vided further, That such amounts are designated by the 

25 Congress as being for an emergency requirement pursuant 


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1 to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 RELATED AGENCIES 

4 DEPARTMENT OF AGRICULTURE 

5 FOREST SERVICE

6 CAPITAL IMPROVEMENT AND MAINTENANCE

7 For an additional amount for ‘‘Capital Improvement 

8 and Maintenance’’ for necessary expenses related to the con9 sequences of Hurricane Sandy, $4,400,000, to remain avail10 able until expended: Provided, That such amount is des11 ignated by the Congress as being for an emergency require12 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 OTHER RELATED AGENCY 

15 SMITHSONIAN INSTITUTION

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’ for necessary expenses related to the consequences 

19 of Hurricane Sandy, $2,000,000, to remain available until 

20 expended: Provided, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 


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1 TITLE VIII 

2 DEPARTMENT OF LABOR 

3 EMPLOYMENT AND TRAINING ADMINISTRATION

4 TRAINING AND EMPLOYMENT SERVICES

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Training and Employ7 ment Services’’, $50,000,000, for the dislocated workers as8 sistance national reserve for necessary expenses resulting 

9 from Hurricane Sandy, which shall be available from the 

10 date of enactment of this Act through September 30, 2013: 

11 Provided, That the Secretary of Labor may transfer up to 

12 $3,500,000 of such funds to any other Department of Labor 

13 account for other Hurricane Sandy reconstruction and re14 covery needs, including worker protection activities: Pro15 vided further, That such amounts are designated by the 

16 Congress as being for an emergency requirement pursuant 

17 to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 ADMINISTRATION FOR CHILDREN AND FAMILIES

22 SOCIAL SERVICES BLOCK GRANT

23 For an additional amount for ‘‘Social Services Block 

24 Grant’’, $500,000,000, for necessary expenses resulting from 

25 Hurricane Sandy in States for which the President declared 


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1 a major disaster under title IV of the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act, notwith3 standing section 2003 and paragraphs (1) and (4) of section 

4 2005(a) of the Social Security Act: Provided, That, notwith5 standing section 2002 of the Social Security Act, the dis6 tribution of such amount shall be limited to States directly 

7 affected by these events: Provided further, That section 

8 2002(c) of the Social Security Act shall be applied to funds 

9 appropriated in this paragraph by substituting succeeding 

10 2 fiscal years for succeeding fiscal year: Provided further, 

11 That funds appropriated in this paragraph are in addition 

12 to the entitlement grants authorized by section 2002(a)(1) 

13 of the Social Security Act and shall not be available for 

14 such entitlement grants: Provided further, That in addition 

15 to other uses permitted by title XX of the Social Security 

16 Act, funds appropriated in this paragraph may be used for 

17 health services (including mental health services), and for 

18 costs of renovating, repairing, or rebuilding health care fa19 cilities (including mental health facilities), child care facili20 ties, or other social services facilities: Provided further, That 

21 notwithstanding paragraphs (2) and (8) of section 2005(a) 

22 of the Social Security Act, a State may use up to 10 percent 

23 of its allotment of funds appropriated in this paragraph 

24 to supplement any other funds available for the following 

25 costs, subject to guidelines established by the Secretary, for 


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1 health care providers (as defined by the Secretary): (a) pay2 ments to compensate employees of health care providers for 

3 wages lost as a direct result of Hurricane Sandy, and (b) 

4 payments to support the viability of health care providers 

5 with facilities that were substantially damaged as a direct 

6 result of Hurricane Sandy: Provided further, That funds 

7 appropriated in this paragraph are also available for costs 

8 incurred up to 3 days prior to Hurricane Sandy’s October 

9 29, 2012, landfall, subject to Federal review of documenta10 tion of the cost of services provided: Provided further, That 

11 none of the funds appropriated in this paragraph shall be 

12 available for costs that are reimbursed by the Federal Emer13 gency Management Agency or insurance: Provided further, 

14 That, with respect to the Federal interest in real property 

15 acquired or on which construction or major renovation of 

16 facilities (as such terms are defined in 45 CFR 1309.3) is 

17 undertaken with these funds, procedures equivalent to those 

18 specified in Subpart C of 45 CFR Part 1309 shall apply: 

19 Provided further, That such amount is designated by the 

20 Congress as being for an emergency requirement pursuant 

21 to section 251(b)(2)(A)(i) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 

23 CHILDREN AND FAMILY SERVICES PROGRAMS

24 For an additional amount for ‘‘Children and Families 

25 Services Programs’’, $100,000,000, for making payments 


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1 under the Head Start Act in States for which the President 

2 declared a major disaster under title IV of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act as 

4 a result of Hurricane Sandy: Provided, That funds appro5 priated in this paragraph are not subject to the allocation 

6 requirements of section 640(a) or the matching require7 ments of section 640(b) of the Head Start Act: Provided 

8 further, That funds appropriated in this paragraph shall 

9 be available through September 30, 2014 for activities to 

10 assist affected Head Start agencies, including technical as11 sistance, costs of Head Start services (including supportive 

12 services for children and families, and provision of mental 

13 health services for children affected by Hurricane Sandy), 

14 and costs of renovating, repairing, or rebuilding those Head 

15 Start facilities damaged as a result of Hurricane Sandy: 

16 Provided further, That none of the funds appropriated in 

17 this paragraph shall be included in the calculation of the 

18 ‘‘base grant’’ in subsequent fiscal years, as such term is used 

19 in section 640(a)(7)(A) of the Head Start Act: Provided fur20 ther, That none of the funds appropriated in this paragraph 

21 shall be available for costs that are reimbursed by the Fed22 eral Emergency Management Agency or by insurance: Pro23 vided further, That such amounts are designated by the 

24 Congress as being for an emergency requirement pursuant 


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1 to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OFFICE OF THE SECRETARY

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Public Health and So7 cial Services Emergency Fund’’ for disaster response and 

8 recovery, and other expenses related to Hurricane Sandy, 

9 and for other disaster-response activities, $200,000,000, to 

10 remain available until expended: Provided, That these 

11 funds may be transferred by the Secretary to accounts with12 in the Department of Health and Human Services, and 

13 shall be available only for the purposes provided in this 

14 paragraph: Provided further, That the transfer authority 

15 provided in this paragraph is in addition to any other 

16 transfer authority available in this or any other Act: Pro17 vided further, That obligations incurred for the purposes 

18 provided herein prior to the enactment of this Act may be 

19 charged to this appropriation: Provided further, That funds 

20 appropriated in this paragraph may be used to make 

21 grants for renovating, repairing, or rebuilding non-Federal 

22 research facilities damaged as a result of Hurricane Sandy: 

23 Provided further, That funds appropriated under this para24 graph shall not be available for costs that are eligible for 

25 reimbursement by the Federal Emergency Management 


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1 Agency or are covered by insurance: Provided further, That 

2 such amount is designated by the Congress as being for an 

3 emergency requirement pursuant to section 251(b)(2)(A)(i) 

4 of the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 RELATED AGENCY 

7 SOCIAL SECURITY ADMINISTRATION

8 LIMITATION ON ADMINISTRATIVE EXPENSES

9 For an additional amount for ‘‘Limitation on Admin10 istrative Expenses’’, $2,000,000, for necessary expenses re11 sulting from Hurricane Sandy: Provided, That such 

12 amount is designated by the Congress as being for an emer13 gency requirement pursuant to section 251(b)(2)(A)(i) of 

14 the Balanced Budget and Emergency Deficit Control Act 

15 of 1985. 

16 TITLE IX 

17 DEPARTMENT OF DEFENSE 

18 MILITARY CONSTRUCTION 

19 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

20 For an additional amount for ‘‘Military Construction, 

21 Army National Guard’’, $24,200,000, to remain available 

22 until September 30, 2014, for necessary expenses related to 

23 the consequences of Hurricane Sandy: Provided, That such 

24 funds may be obligated or expended for planning and de25 sign and military construction projects not otherwise auVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6203 E:\BILLS\H1.PP H1

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1 thorized by law: Provided further, That such amount is des2 ignated by the Congress as being for an emergency require3 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 DEPARTMENT OF VETERANS AFFAIRS 

6 VETERANS HEALTH ADMINISTRATION

7 MEDICAL SERVICES

8 For an additional amount for ‘‘Medical Services’’, 

9 $21,000,000, to remain available until September 30, 2014, 

10 for necessary expenses related to the consequences of Hurri11 cane Sandy: Provided, That such amount is designated by 

12 the Congress as being for an emergency requirement pursu13 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 MEDICAL FACILITIES

16 For an additional amount for ‘‘Medical Facilities’’, 

17 $6,000,000, to remain available until September 30, 2014, 

18 for necessary expenses related to the consequences of Hurri19 cane Sandy: Provided, That such amount is designated by 

20 the Congress as being for an emergency requirement pursu21 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 

23 NATIONAL CEMETERY ADMINISTRATION

24 For an additional amount for ‘‘National Cemetery Ad25 ministration’’, $1,100,000, for necessary expenses related to 


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1 the consequences of Hurricane Sandy: Provided, That such 

2 amount is designated by the Congress as being for an emer3 gency requirement pursuant to section 251(b)(2)(A)(i) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 DEPARTMENTAL ADMINISTRATION

7 INFORMATION TECHNOLOGY SYSTEMS

8 For an additional amount for ‘‘Information Tech9 nology Systems’’, $500,000, for necessary expenses related 

10 to the consequences of Hurricane Sandy: Provided, That 

11 such amount is designated by the Congress as being for an 

12 emergency requirement pursuant to section 251(b)(2)(A)(i) 

13 of the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 CONSTRUCTION, MAJOR PROJECTS

16 For an additional amount for ‘‘Construction, Major 

17 Projects’’, $207,000,000 to remain available until expended, 

18 for renovations and repairs to the Department of Veterans 

19 Affairs Medical Center in Manhattan, New York, as a con20 sequence of damage caused by Hurricane Sandy: Provided, 

21 That notwithstanding any other provision of law, such 

22 funds may be obligated and expended to carry out planning 

23 and design and major medical facility construction not oth24 erwise authorized by law: Provided further, That such 

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1 gency requirement pursuant to section 251(b)(2)(A)(i) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 TITLE X 

5 DEPARTMENT OF TRANSPORTATION 

6 FEDERAL AVIATION ADMINISTRATION

7 FACILITIES AND EQUIPMENT

8 (AIRPORT AND AIRWAY TRUST FUND)

9 For an additional amount for ‘‘Facilities and equip10 ment’’, $30,000,000, to be derived from the Airport and Air11 way Trust Fund and to remain available until expended, 

12 for necessary expenses related to the consequences of Hurri13 cane Sandy: Provided, That such amount is designated by 

14 the Congress as being for an emergency requirement pursu15 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 FEDERAL HIGHWAY ADMINISTRATION

18 FEDERAL-AID HIGHWAYS

19 EMERGENCY RELIEF PROGRAM

20 For an additional amount for the Emergency Relief 

21 Program as authorized under section 125 of title 23, United 

22 States Code, $921,000,000, to remain available until ex23 pended: Provided, That such amount is designated by the 

24 Congress as being for an emergency requirement pursuant 


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1 to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 FEDERAL RAILROAD ADMINISTRATION

4 GRANTS TO THE NATIONAL RAILROAD PASSENGER

5 CORPORATION

6 For an additional amount for the Secretary to make 

7 grants to the National Railroad Passenger Corporation for 

8 costs and losses incurred as a result of Hurricane Sandy 

9 and to advance capital projects that address Northeast Cor10 ridor infrastructure recovery, mitigation and resiliency in 

11 the affected areas, $336,000,000, to remain available until 

12 expended: Provided, That the Administrator of the Federal 

13 Railroad Administration may retain up to one-half of 1 

14 percent of the funds provided under this heading to fund 

15 the award and oversight by the Administrator of grants 

16 made under this heading: Provided further, That such 

17 amount is designated by the Congress as being for an emer18 gency requirement pursuant to section 251(b)(2)(A)(i) of 

19 the Balanced Budget and Emergency Deficit Control Act 

20 of 1985. 

21 FEDERAL TRANSIT ADMINISTRATION

22 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

23 For the Public Transportation Emergency Relief Pro24 gram as authorized under section 5324 of title 49, United 

25 States Code, $10,783,000,000, to remain available until exVerDate Mar 15 2010 04:09 Dec 29, 2012 Jkt 029200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6203 E:\BILLS\H1.PP H1

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1 pended, for recovery and relief efforts in the areas most af2 fected by Hurricane Sandy: Provided, That, of the funds 

3 provided under this heading, the Secretary may transfer up 

4 to $5,383,000,000 to the appropriate agencies to fund pro5 grams authorized under titles 23 and 49, United States 

6 Code, in order to carry out mitigation projects related to 

7 reducing risk of damage from future disasters in areas im8 pacted by Hurricane Sandy: Provided further, That the 

9 Committees on Appropriations of the Senate and the House 

10 of Representatives shall be notified at least 15 days in ad11 vance of any such transfer: Provided further, That notwith12 standing any other provision of law, the Federal share for 

13 all projects funded under this heading for repairs, recon14 struction or mitigation of transportation infrastructure in 

15 areas impacted by Hurricane Sandy shall be 90 percent: 

16 Provided further, That up to three-quarters of 1 percent of 

17 the funds retained for public transportation emergency re18 lief shall be available for the purposes of administrative ex19 penses and ongoing program management oversight as au20 thorized under 49 U.S.C. 5334 and 5338(i)(2) and shall 

21 be in addition to any other appropriations for such pur22 poses: Provided further, That, of the funds made available 

23 under this heading, $6,000,000 shall be transferred to the 

24 Office of Inspector General to support the oversight of ac25 tivities funded under this heading: Provided further, That 


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1 such amounts are designated by the Congress as being for 

2 an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 DEPARTMENT OF HOUSING AND URBAN 

6 DEVELOPMENT 

7 COMMUNITY PLANNING AND DEVELOPMENT

8 COMMUNITY DEVELOPMENT FUND

9 For an additional amount for the ‘‘Community Devel10 opment Fund’’ for necessary expenses related to disaster re11 lief, long-term recovery, restoration of infrastructure and 

12 housing, economic revitalization, and mitigation in the 

13 most impacted and distressed areas resulting from a major 

14 disaster declared pursuant to the Robert T. Stafford Dis15 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

16 et seq.), due to Hurricane Sandy, for activities authorized 

17 under title I of the Housing and Community Development 

18 Act of 1974 (42 U.S.C. 5301 et seq.), $17,000,000,000, to 

19 remain available until expended, of which at least 

20 $2,000,000,000 shall be used for mitigation projects to re21 duce future risk and vulnerabilities: Provided, That the Sec22 retary shall establish a minimum allocation for each eligi23 ble State declared a major disaster due to Hurricane 

24 Sandy: Provided further, That of the amount provided 

25 under this heading, $500,000,000 shall be used to address 


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1 the unmet needs of impacted areas resulting from a major 

2 disaster declared pursuant to the Robert T. Stafford Dis3 aster Relief Act (42 U.S.C. 5121 et seq.) or for small, eco4 nomically distressed areas with a disaster declared in 2011 

5 or 2012: Provided further, That funds shall be awarded di6 rectly to the State or unit of general local government as 

7 a grantee at the discretion of the Secretary: Provided fur8 ther, That the Secretary shall allocate to grantees not less 

9 than 33 percent of the funds provided under this heading 

10 within 60 days after the enactment of this Act based on 

11 the best available data: Provided further, That prior to the 

12 obligation of funds, a grantee shall submit a plan to the 

13 Secretary for approval detailing the proposed use of all 

14 funds, including criteria for eligibility and how the use of 

15 these funds will address long-term recovery and restoration 

16 of infrastructure and housing and economic revitalization 

17 in the most impacted and distressed areas: Provided fur18 ther, That the Secretary shall by notice specify the criteria 

19 for approval of such plans within 45 days of enactment of 

20 this Act: Provided further, That such funds may not be used 

21 for activities reimbursable by, or for which funds are made 

22 available by, the Federal Emergency Management Agency 

23 or the Army Corps of Engineers: Provided further, That the 

24 final paragraph under the heading Community Develop25 ment Block Grants in title II of Public Law 105–276 (42 


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1 U.S.C. 5305 note) shall not apply to funds provided under 

2 this heading: Provided further, That funds allocated under 

3 this heading shall not be considered relevant to the non4 disaster formula allocations made pursuant to 42 U.S.C. 

5 5306: Provided further, That a grantee may use up to 5 

6 percent of its allocation for administrative costs: Provided 

7 further, That the Secretary shall require that grantees have 

8 established procedures to ensure timely expenditure of funds 

9 and prevent any duplication of benefits as defined by 42 

10 U.S.C. 5155 and prevent fraud and abuse of funds: Pro11 vided further, That the Secretary shall provide grantees 

12 with technical assistance on contracting and procurement 

13 processes and shall require grantees, in contracting or pro14 curing for management and administration of these funds, 

15 to incorporate performance requirements and penalties into 

16 any such contracts or agreements and to maintain informa17 tion with respect to performance on the use of any funds 

18 for management and administrative purposes: Provided 

19 further, That in administering the funds under this head20 ing, the Secretary may waive, or specify alternative re21 quirements for, any provision of any statute or regulation 

22 that the Secretary administers in connection with the obli23 gation by the Secretary or the use by the recipient of these 

24 funds (except for requirements related to fair housing, non25 discrimination, labor standards, and the environment), 


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1 pursuant to a determination by the Secretary that good 

2 cause exists for the waiver or alternative requirement and 

3 that such action is not inconsistent with the overall pur4 poses of title I of the Housing and Community Development 

5 Act of 1974 (42 U.S.C. 5301 et seq.): Provided further, That 

6 notwithstanding the previous proviso, recipients of funds 

7 provided under this heading that use such funds to match 

8 or supplement Federal assistance provided under sections 

9 402, 403, 406, 407, or 502 of the Robert T. Stafford Disaster 

10 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

11 seq.) may adopt, without review or public comment, any 

12 environmental review, approval, or permit performed by a 

13 Federal agency, and such adoption shall satisfy the respon14 sibilities of the recipient with respect to such environmental 

15 review, approval, or permit: Provided further, That, not16 withstanding 42 U.S.C. 5304(g)(2), the Secretary may, 

17 upon receipt of a request for release of funds and certifi18 cation, immediately approve the release of funds for an ac19 tivity or project assisted under this heading if the recipient 

20 has adopted an environmental review prepared under the 

21 National Environmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) or the project is categorically excluded from 

23 further review under the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That 

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1 centage of funds which must be used for activities that ben2 efit persons of low and moderate income to less than 50 

3 percent, unless the Secretary specifically finds that there is 

4 a compelling need to further reduce or eliminate the per5 centage requirement: Provided further, That the Secretary 

6 shall publish in the Federal Register any waiver of any 

7 statute or regulation that the Secretary administers pursu8 ant to title I of the Housing and Community Development 

9 Act of 1974 no later than 5 days before the effective date 

10 of such waiver: Provided further, That funds provided 

11 under this heading to for-profit enterprises may only assist 

12 such enterprises that meet the definition of small business 

13 as defined by the Small Business Administration under 13 

14 CFR part 121: Provided further, That notwithstanding the 

15 previous proviso, funds may be provided to a for-profit en16 terprise, that does not meet such definition of small busi17 ness, but which provides a public benefit, is publicly regu18 lated, and is otherwise eligible for assistance under 42 

19 U.S.C. 5301 et seq., and the implementing regulations at 

20 24 CFR Part 570.201(l): Provided further, That of the 

21 funds made available under this heading, up to $10,000,000 

22 may be transferred to ‘‘Program Office Salaries and Ex23 penses, Community Planning and Development’’ for tech24 nical assistance and administrative costs (including infor25 mation technology costs), related solely to administering 


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1 funds available under this heading or funds made available 

2 under prior appropriations to the ‘‘Community Develop3 ment Fund’’ for disaster relief, long-term recovery, or emer4 gency expenses: Provided further, That, of the funds made 

5 available under this heading, $10,000,000 shall be trans6 ferred to ‘‘Office of Inspector General’’: Provided further, 

7 That the amounts provided under this heading are des8 ignated by the Congress as being for an emergency require9 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

10 Budget and Emergency Deficit Control Act of 1985. 

11 GENERAL PROVISIONS—THIS TITLE 

12 SEC. 1001. For fiscal year 2013, upon request by a 

13 public housing agency and supported by documentation as 

14 required by the Secretary of Housing and Urban Develop15 ment that demonstrates that the need for the adjustment 

16 is due to the disaster, the Secretary may make temporary 

17 adjustments to the Section 8 housing choice voucher annual 

18 renewal funding allocations and administrative fee eligi19 bility determinations for public housing agencies in an area 

20 for which the President declared a disaster under title IV 

21 of the Robert T. Stafford Disaster Relief and Emergency 

22 Assistance Act (42 U.S.C. 5170 et seq.), to avoid significant 

23 adverse funding impacts that would otherwise result from 

24 the disaster. 


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1 SEC. 1002. The Departments of Transportation and 

2 Housing and Urban Development shall submit to the Com3 mittees on Appropriations of the House of Representatives 

4 and the Senate within 45 days after the date of the enact5 ment of this Act a plan for implementing the provisions 

6 in this title, and updates to such plan on a biannual basis 

7 thereafter. 

8 SEC. 1003. None of the funds provided in this title to 

9 the Department of Transportation or the Department of 

10 Housing and Urban Development may be used to make a 

11 grant unless the Secretary of such Department notifies the 

12 House and Senate Committees on Appropriations and posts 

13 the notification on the public website of that agency not 

14 less than 3 full business days before either Department (or 

15 a modal administration of either Department) announces 

16 the selection of any project, State or locality to receive a 

17 grant award totaling $500,000 or more. 

18 TITLE XI 

19 GENERAL PROVISIONS—THIS ACT 

20 SEC. 1101. Each amount appropriated or made avail21 able in this Act is in addition to amounts otherwise appro22 priated for the fiscal year involved. 

23 SEC. 1102. Each amount designated in this Act by the 

24 Congress as an emergency requirement pursuant to section 

25 251(b)(2)(A)(i) of the Balanced Budget and Emergency 


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1 Deficit Control Act of 1985 shall be available only if the 

2 President subsequently so designates all such amounts and 

3 transmits such designations to the Congress. 

4 SEC. 1103. (a) Not later than March 31, 2013, in ac5 cordance with criteria to be established by the Office of 

6 Management and Budget (OMB), Federal agencies shall 

7 submit to OMB and to the Committee on Appropriations 

8 of the House of Representatives and of the Senate internal 

9 control plans for funds provided by this Act. 

10 (b) All programs and activities receiving funds under 

11 this Act shall be deemed to be ‘‘susceptible to significant 

12 improper payments’’ for purposes of the Improper Pay13 ments Information Act of 2002 (31 U.S.C. 3321 note) 

14 (IPIA), notwithstanding section 2(a) of IPIA. 

15 (c) In accordance with guidance to be issued by the 

16 Director of OMB, agencies shall identify those grants for 

17 which the funds provided by this Act should be expended 

18 by the grantees within the 24-month period following the 

19 agency’s obligation of funds for the grant. In the case of 

20 such grants, the agency shall include a term in the grant 

21 that: 

22 (1) requires the grantee to return to the agency 

23 any funds not expended within the 24-month period; 

24 and 


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1 (2) provides that the head of the agency may, 

2 after consultation with the Director of OMB, subse3 quently issue a waiver of this requirement based on 

4 a determination by the head of the agency that excep5 tional circumstances exist that justify an extension of 

6 the period in which the funds must be expended. 

7 SEC. 1104. (a) In carrying out activities funded by 

8 this Act, Federal agencies, in partnership with States, local 

9 communities and tribes, shall inform plans for response, re10 covery, and rebuilding to reduce vulnerabilities from and 

11 build long-term resiliency to future extreme weather events, 

12 sea level rise, and coastal flooding. In carrying out activi13 ties funded by this title that involve repairing, rebuilding, 

14 or restoring infrastructure and restoring land, project spon15 sors shall consider, where appropriate, the increased risks 

16 and vulnerabilities associated with future extreme weather 

17 events, sea level rise and coastal flooding. 

18 (b) Funds made available in this Act shall be available 

19 to develop, in partnership with State, local and tribal offi20 cials, regional projections and assessments of future risks 

21 and vulnerabilities to extreme weather events, sea level rise 

22 and coastal flooding that may be used for the planning re23 ferred to in subsection (a), and to encourage coordination 

24 and facilitate long-term community resiliency. 


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1 SEC. 1105. Recipients of Federal funds dedicated to 

2 reconstruction efforts under this Act shall, to the greatest 

3 extent practicable, ensure that such reconstruction efforts 

4 maximize the utilization of technologies designed to miti5 gate future power outages, continue delivery of vital services 

6 and maintain the flow of power to facilities critical to pub7 lic health, safety and welfare. The Secretary of Housing and 

8 Urban Development as chair of the Hurricane Sandy Re9 building Task Force shall issue appropriate guidelines to 

10 implement this requirement. 

11 VEHICLES USE IN THE WAKE OF HURRICANE SANDY

12 SEC. 1106. (a) REPORT.—Not later than 7 days after 

13 the date of enactment of this Act, the Department of Justice 

14 and Department of Homeland Security shall identify and 

15 relocate any vehicles currently based at the Washington, 

16 D.C., headquarters of such agencies used for non-oper17 ational purposes to replace vehicles of those agencies dam18 aged by Hurricane Sandy. The Department of Justice and 

19 Department of Homeland Security shall provide copies of 

20 a report summarizing the actions taken to carry out this 

21 subsection to the House and Senate Committees on Appro22 priations and Judiciary. 

23 (b) FUNDING LIMITATION.—No funds provided by this 

24 Act shall be used to purchase, repair, or replace any De25 partment of Justice or Department of Homeland security 


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1 vehicle until after the report required by subsection (a) has 

2 been provided to Congress. 

3 INCREASED EMBASSY SECURITY

4 SEC. 1107. Funds appropriated under the heading 

5 ‘‘Administration of Foreign Affairs’’ under Title VIII of Di6 vision I of Public Law 112–74 and as carried forward 

7 under Public Law 112–175, may be transferred to, and 

8 merged with, any such other funds appropriated under such 

9 title and heading: Provided, That such transfers shall be 

10 subject to the regular notification procedures of the Commit11 tees on Appropriations. 

12 PROHIBITION ON EMERGENCY SPENDING FOR PERSONS

13 HAVING SERIOUS DELINQUENT TAX DEBTS

14 SEC. 1108. (a) DEFINITION OF SERIOUSLY DELIN15 QUENT TAX DEBT.—In this section: 

16 (1) IN GENERAL.—The term ‘‘seriously delin17 quent tax debt’’ means an outstanding debt under the 

18 Internal Revenue Code of 1986 for which a notice of 

19 lien has been filed in public records pursuant to sec20 tion 6323 of that Code. 

21 (2) EXCLUSIONS.—The term ‘‘seriously delin22 quent tax debt’’ does not include— 

23 (A) a debt that is being paid in a timely 

24 manner pursuant to an agreement under section 

25 6159 or 7122 of Internal Revenue Code of 1986; 

26 and 


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1 (B) a debt with respect to which a collection 

2 due process hearing under section 6330 of that 

3 Code, or relief under subsection (a), (b), or (f) of 

4 section 6015 of that Code, is requested or pend5 ing. 

6 (b) PROHIBITION.—Notwithstanding any other provi7 sion of this Act or an amendment made by this Act, none 

8 of the amounts appropriated by or otherwise made available 

9 under this Act may be used to make payments to an indi10 vidual or entity who has a seriously delinquent tax debt 

11 during the pendency of such seriously delinquent tax debt. 

12 PROHIBITION ON EMERGENCY SPENDING FOR DECEASED

13 INDIVIDUALS

14 SEC. 1109. None of the amounts appropriated by or 

15 otherwise made available under this Act may be used for 

16 any person who is not alive when the amounts are made 

17 available. This does not apply to funeral costs. 

18 This Act may be cited as the ‘‘Disaster Relief Appro19 priations Act, 2013’’. 

Passed the House of Representatives February 19 

(legislative day February 18), 2011. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate December 28, 2012. 

Attest: NANCY ERICKSON, 

Secretary. 


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